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Backup Documents 08/26/2025 Item #16F13 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 13 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ** ROUTING SLIP** Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) •"Office Initials Date 1. 2. (Enter your Dept here) 3. County Attorney Office County Attorney Office 14Plb 8/2‘ 4. BCC Office Board of County BS l B / Commissioners [s}— q J 15 5. Minutes and Records Clerk of Court's Office q[146 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missing information. Name of Primary Staff Madison Bird _ / Phone Number 2939 Contact/Department 1/ Agenda Date Item was A enda Item Number Approved by the BCC 8I2 6/2 5 g 14 F '3 Type of Document(s) Number of Original Attached /9-p/�„� Documents Attached PO number or account iJ number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's signature?(stamped unless otherwise stated) MB 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name; Agency;Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legality. (All documents to be signed by MB the Chairman,with the exception of most letters, must be reviewed and signed by the Office of the County Attorney.) 4. All handwritten strike-through and revisions have been initialed by the County Attorney MB Office and all other parties except the BCC Chairman and the Clerk to the Board. 5. The Chairman's signature line date has been entered as the date of BCC approval of the MB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is uploaded to the agenda. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 5126 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County Attorney 1,1 i j an option for Office has reviewed the changes, if applicable. ~( this line. 9. Initials of attorney verifying that the attached document is the version approved by the / N/A is not BCC, all changes directed by the BCC have been made, and the document is ready for the „L f 1,45 an option for Chairman's signature. f+ry this line. Please email a completed copy to Madison.Bird@Colliercountyfl.gov I:Forms/County Forms/BCC Forr 5;2.24.05; 11/30/12;4/22/16;9/10/21 16F13 This space for recording COLLIER COUNTY IMPACT FEE INSTALLMENT PAYMENT PILOT PROGRAM AGREEMENT This Agreement (hereinafter the "Agreement") made and entered into this .Z(.f''day of t , 2025, by and between Collier County, a political subdivision of the State of Florida, through the Board of County Commissioners, hereinafter referred to as "County," and Immokalee Fair Housing Alliance Inc., hereinafter referred to as "Owner," collectively stated as the"Parties." RECITALS: WHEREAS,on July 11,2017,the Collier County Board of County Commissioner adopted Ordinance 2017-34, which established an Impact Fee Installment Payment Pilot Program for the Immokalee Community Redevelopment Area(hereinafter referred to as the"Program"); and WHEREAS,the Program provides that as an alternative to paying impact fees in full as a prerequisite to the issuance of a Certificate of Occupancy or Certificate of Completion for the Development, a feepayer may exercise the privilege of paying impact fees in installments rather than in a lump sum at the time of issuance of the certificate of occupancy by entering into an impact fee installment payment program agreement with Collier County;and WHEREAS, the Program provides that the installment payments shall be by special assessments levied as non-ad valorem assessments against the subject property pursuant to the Uniform Assessment Collection Act,set forth in Florida Statutes sections 197.3632 and 197.3635, as amended;and WHEREAS, Owner has applied for payment of impact fee by installments as allowed by the Program,and WHEREAS, the County Manager, or his designee, has reviewed the Owner's application and has found that it complies with the Program's requirements; and WHEREAS, the Parties have agreed that the Owner may pay the required Impact Fees in installments as provided for below. t CAO 16F1 ` NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,the Parties covenant and agree as follows: 1. Recitals Incorporated. The Parties acknowledge that the foregoing Recitals are true and correct and are hereby incorporated by reference herein. 2. Owner, Address and Legal Description. The name of the Owner, the address and legal description of the subject property (the "Property") is attached as Exhibit A, and is incorporated by reference herein. 3. Owner's Representations, Warranties and Acknowledgments: Owner represents and warrants the following: a. Owner is the legal owner of the property; and b. Owner is current on property taxes on the subject property and any other real property owned in Collier County by Owner; and c. Owner is not in bankruptcy nor can the property be an asset in any bankruptcy proceeding;and d. The subject property is not in foreclosure and does not have any federal income tax lien,judgment lien or similar liens encumbering the property; and e. Owner is the owner of record of the subject property, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of S195,160.96 as set forth in attached Exhibit B, incorporated by reference;and f. Owner acknowledges that the subject property is specifically benefited by the improvements to the property and the installment payments shall be by special assessments levied as non-ad valorem assessments against the subject property pursuant to the Uniform Assessment Collection Act. For the purposes of this section, the term"Uniform Assessment Collection Act"shall mean F.S. sections 197.3632 and 197.3635, as amended;and g. Owner acknowledges that in the event the effective date of this Agreement is after the deadline to place the assessment on the Owner's upcoming tax bill for that year, the assessment will be placed on the Owner's tax bill for the following year but shall accrue interest from the effective date of the Agreement. 2 CAO 16F13 4. Payment of Impact Fees. This Agreement shall stand in lieu of payment of impact fees, which impact fees would otherwise be due and payable as a prerequisite to the issuance of Certificate of Occupancy or a Certificate of Completion for that Development but for this Agreement. 5. Term and Interest Rate. The Effective Date of this Agreement shall be the date of issuance of a Certificate of Occupancy for the Property. The term of this Agreement will continue until such time that the lien is satisfied by payment to the County of the full amount of the impact fees. The County shall charge an annual interest rate of five percent(5%) on the balance of the impact fees owed under this Agreement, which shall accrue interest from the date in which the Impact Fees would otherwise be due, which is the day of issuance of a Certificate of Occupancy or Certificate of Completion for the Development. The estimated payment schedule is attached as Exhibit C. This is a 30-year payment schedule, with the first payment due one year after the Certificate of Occupancy is issued,and annual payments due thereafter on the anniversary date of the Certificate of Occupancy issuance. 7. Lien. Owner agrees that,commencing on the effective date of this Agreement and continuing until paid or released,the dollar amount of the impact fee shall constitute and be a lien on the property in the total amount of S195,160.96, as set forth in attached Exhibits B and C. Repayment shall include any accrued interest. This lien may be foreclosed upon in the event of default under this Agreement. The County and Owner agree that such lien shall be superior and paramount to the interest of any owner, lessee,tenant,mortgagee,or other person,except that this lien shall be on parity with any lien for County taxes. 8. Release of Lien. Upon satisfactory completion of this Agreement's requirements, and the requirements of the Impact Fee Installment Payment Pilot Program, including payment of the impact fees and any accrued interest, the County shall, at its expense, record any necessary documentation evidencing such payment,including,but not limited to, a release of lien. 9. Alternative Payment. As an alternative method to the repayment of impact fees by special assessments,the County Manager or designee may elect to lien the Owner's property to secure repayment of impact fees paid under this section and is authorized to take any necessary action, including the development of any rules, procedures, agreements and forms to effectuate this method,at the same term and interest rate as set by the Board of County Commissioners. 10. Binding Effect. This Agreement shall run with the land and be binding upon the Parties to this Agreement, their heirs, successors, and assigns. The recorded agreement shall 3 CAO 16F13 serve as an obligation to pay the impact fees. The obligation shall only terminate upon the County recording in the public records of Collier County a release or full satisfaction of the lien. Should the property be transferred, the new owner shall have the option of either paying the principal of all remaining impact fees due as of the date of the transfer (as calculated by the County), or assuming the terms and conditions of this Agreement in a form approved by the County. 11. Recording. This Agreement shall be recorded by the County at its expense in the Official Records of Collier County, Florida, following issuance of a certificate of occupancy for the Property. 12. Prepayment. Prior to May 1 of each fiscal year, the Owner shall have the right to pay the outstanding and unpaid balance owed without a prepayment penalty. 13. Remedies. This Agreement granting the Owner the right to pay their Impact Fees through installments is both a privilege and a courtesy extended by the County to the Owner,who but for this Agreement would otherwise be required to pay the Impact Fees in full as a prerequisite to the issuance of a Certificate of Occupancy or a Certificate of Completion for that Development. Having received the benefits of this Agreement, by not having to pay the Impact Fees in full as otherwise required, should the Owner at any time thereafter during the term of this Agreement elect to challenge any portion of this Agreement in any Court of competent jurisdiction,or for any reason refuse or fail to pay the assessment when due, the County may elect to terminate this Agreement by written notice to the Owner. Upon such election,the entire balance due under this Agreement shall be accelerated and due and payable within 10 business days of the issuance of the Notice. Should owner fail to pay the entire balance within 10 business days of the issuance of the Notice,the County may bring a civil action to collect the remaining balance,and in such event the County shall be entitled to recover all fees and costs, including attorney's fees and expenses incurred by the County in collecting the remaining balance, plus interest, at the then maximum statutory rate for final judgments, calculated on a calendar day basis until paid in full. 14. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Florida. 15. Amendment and Assignment. This Agreement can only be amended or assigned by mutual written consent of the parties hereto with the same formalities as it was executed. 4 CAO 16F13 16. Notice. All notices and other communications required hereunder shall be in writing and shall be sent by Certified Mail,return receipt requested,or by a nationally recognized overnight delivery service,and addressed as follows: To the County: To the Owner: Collier County Manager's Office Immokalee Fair Housing Alliance, Inc. 3299 Tamiami Trail East, Suite 202 2070 Corazon De La Comunidad Circle Naples,FL 34112-5746 Immokalee,FL 34292 Phone: (239)252-8383 Phone: (941)735-1231 Attn: Alan Penick 17. Merger and Integration Clause. This Agreement constitutes the entire agreement between the parties with respect to the matters noted herein. All prior representations, undertakings, and agreements by or between the parties hereto with respect to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and all prior representations, undertakings, and agreements by and between such parties with respect thereto, are hereby canceled. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK SIGNATURE PAGE TO FOLLOW 5 CAO 16F13 SIGNATURE PAGE Witness: Owner Name: Print Name Print Name Witness: Print Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 20 , by (name of person) __as (type of authority) for (name of party on behalf of whom instrument was executed), who is personally known to me or has produced_ as identification. [NOTARIAL SEAL] Signature of Notary Public - State of Florida) Print,Type, or Stamp Commissioned Name of Notary Public) Collier County, Florida By: Burt L. Saunders, Chairman STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me this _ day of , 20_, by Amy Patterson,County Manager,on behalf of Collier County. She is personally known to me. [NOTARIAL SEAL] Signature of Person Taking Acknowledgment I App ., . ( I form and legality: Re n end Approval: -di,Rye I�Ib;.► Jeffr . 4 :ti.w Christopher Johnson, Director Count Attc ey Corporate Financial & Management Services CAO 6 5tcy,c,+L,cs 4.0i-in4,eJ -+ 1 6 F 1 3 SIGNATURE PAGE Witne. Owner Namc:, Print Name Print Name /91 -.t , i'&4 Witness: • Print Name MATPV,- -1)4.1.6) STATE OF FLORIDA SEE ATTACHED COUNTY OF COLLIER CERTIFICATE The foregoing instrument was acknowledged before me this 15+h clay of 5Ptc, f , 2025 , by _name of person) _as (type of authority) 1 for (name of party on behalf of whom instrument was executed), who is ally nova to me or has produced as identification. [NOTARIAL SEAL] Signature of Notary Public -State of Florida) Acid 13,rd Print, Type,or Stamp MADISON BIRD Commissioned Name of Notary Public) Notary Public State of Florida . t;:omm#HH670433 Collier County, Florida Expires 8/24/2029 By:Burt L.Saunders,Chairman STATE OF FLORIDA COUNTY OF COLLIER •i _ The foregoing Agreement was acknowledged before me this is day of 5 ,, c/" , 2W, by Amy Pattereeii, Cettitty-Manei er;on behalf of Collier County. She is personally known to me. C ', 'f. L. i CA :: ir.C [NOTARIAL SEAL] Signature of Person Taking Acknowledgment 0010 t rt, Approved as to form and legality: Recommend Approval: A1T1=ST' ' LARK'::. ��r�, e�T•� 1 Kt _ � Cierk ; Jeffrey A. Klatzkow Christopher Johnson, Director County Attorney Corporate Financial & Management Services A -asto Cktatrrnan's sidtpthre only 6 16F13 WELLS Acknowledgement by Individual FARGO State of Florida County of Sarasota The foregoing instrument was acknowledged before me this 21st day of July , 20 25 , by means of 0 physical presence or ❑ online notarization Alan Penick (name of person acknowledging). ❑ Personally known to me x❑ Produced Identification Type of Identification Produced Florida DL Notary Signature Notary name(typed or printed) Matthew Dalton Title(e.g., Notary Public) Notary Public Place Seal Here —— - —— ( u':' MATTHEW DALTON • � ' Notary Public•State of Florida ( Commission I HH 570201 I PM My Comm.Expires Jul 11,2025 emeimeameememippoish For Bank Purposes Only Description of Attached Document Type or Title of Document Impact Fee Installment Payment Pilot Program Agreement Document Date Number of Pages 07/21/2025 6 Signer(s) Other Than Named Above Account Number(if applicable) F001-000DSG5350FL-0: ©2024 Wells Fargo Bank,N.A.All rights reserved. DSG5350FU595501 (Rev 07-07/24) 16F13 EXHIBIT A OWNER NAME & ADDRESS: Immokalee Fair Housing Alliance Inc. 2070 Corazon De La Comunidad Circle Immokalee,FL 34292 Attn: Alan Penick LEGAL DESCRIPTION 32 46 29 SW 1/4 OF SW 1/4 OF NE1/4 EXC HWAY 9.40 AC OR 2016 PG 70 ADDRESS: 2081 Corazon De La Comunidad, 16-Unit Building#8, Immokalee, FL 34143 PROJECT NAME Corazon De La Comunidad PROJECT NUMBER PRMFH2O220103872 7 CAO 16F13 EXHIBIT B IMPACT FEE BREAKDOWN Type of Impact Fee EMS Impact Fee: $1,080.00 Correctional Facilities Impact Fee: $3,662.56 Library Impact Fee: $2,556.48 Regional Park Impact Fee: $19,683.84 Community Parks Impact Fee: $7,283.20 Educational Facilities System Impact Fee: $45,507.04 Road Impact Fee: $103,539.84 General Government Building Impact Fee: $7,103.04 Law Enforcement Impact Fee: $4,744.96 TOTAL IMPACT FEES S195,160.96 8 CAO 16F13 EXHIBIT C ESTIMATED PAYMENT SCHEDULE ANNUAL INTEREST SCHEDULED INTEREST PRINCIPAL PAYMENT# RATE BALANCE PAYMENT PORTION PORTION 1 5.00% $195,160.96 $ 12,695.50 $ 9,758.05 $ 2,937.45 2 5.00% $192,223.51 $ 12,695.50 $ 9,611.18 $ 3,084.33 3 5.00% $189,139.18 $ 12,695.50 $ 9,456.96 $ 3,238.54 4 5.00% $185,900.64 $ 12,695.50 $ 9,295.03 $ 3,400.47 5 5.00% $182,500.17 $ 12,695.50 $ 9,125.01 $ 3,570.49 6 5.00% 5178,929.68 $ 12,695.50 $ 8,946.48 $ 3,749.02 7 5.00% $175,180.66 $ 12,695.50 $ 8,759.03 $ 3,936.47 8 5.00% $171,244.20 $ 12,695.50 $ 8,562.21 $ 4,133.29 9 5.00% $167,110.91 $ 12,695.50 $ 8,355.55 $ 4,339.96 10 5.00% $162,770.95 $ 12,695.50 $ 8,138.55 $ 4,556.95 11 5.00% $158,214.00 $ 12,695.50 $ 7,910.70 $ 4,784.80 12 5.00% $153,429.20 $ 12,695.50 $ 7,671.46 $ 5,024.04 13 5.00% $148,405.16 $ 12,695.50 $ 7,420.26 $ 5,275.24 14 5.00% $143,129.91 $ 12,695.50 $ 7,156.50 $ 5,539.00 15 5.00% $137,590.91 $ 12,695.50 $ 6,879.55 $ 5,815.96 16 5.00% $131,774.95 $ 12,695.50 $ 6,588.75 $ 6,106.75 17 5.00% $125,668.20 $ 12,695.50 $ 6,283.41 $ 6,412.09 18 5.00% $119,256.11 $ 12,695.50 5 5,962.81 $ 6,732.69 19 5.00% 5112,523.42 $ 12,695.50 5 5,626.17 $ 7,069.33 20 5.00% $105,454.09 $ 12,695.50 $ 5,272.70 $ 7,422.80 21 5.00% $ 98,031.29 $ 12,695.50 $ 4,901.56 $ 7,793.94 22 5.00% $ 90,237.35 $ 12,695.50 $ 4,511.87 $ 8,183.63 23 5.00% $ 82,053.72 $ 12,695.50 $ 4,102.69 $ 8,592.81 24 5.00% $ 73,460.91 $ 12,695.50 $ 3,673.05 $ 9,022.46 25 5.00% $ 64,438.45 $ 12,695.50 $ 3,221.92 $ 9,473.58 26 5.00% $ 54,964.87 $ 12,695.50 $ 2,748.24 $ 9,947.26 27 5.00% $ 45,017.62 $ 12,695.50 $ 2,250.88 $ 10,444.62 28 5.00% $ 34,573.00 $ 12,695.50 $ 1,728.65 $ 10,966.85 29 5.00% $ 23,606.15 $ 12,695.50 $ 1,180.31 $ 11,515.19 30 5.00% $ 12,090.95 $ 12,695.50 $ 604.55 $ 12,090.95 $ 380,865.02 $ 185,704.06 $ 195,160.96 9 CAC