Backup Documents 02/28/2017 Item #11A February 28, 2017
CRA Loan Restructure
TD Bank
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
r. ',OR,0,-_ ,
To: Clerk to the Board: ri[IN
x Normal Legal Advertisement ❑ Other: 11 A(Display Adv., location,etc.)
**********************************************************************************************************
Originating Dept/Div: Bayshore Gateway CRA Person: Shirley Garcia Date: 02/13/17
Petition No. (If none, give brief description): Public Notice for CRA Loan Restructure
Petitioner: (Name&Address):
Name&Address of any person(s)to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before: XX BCC BZA Other
Requested Hearing date: (Based on advertisement appearing at least 2 days before hearing.) Tuesday, February 28, 2017
BCC Regular Meeting
Newspaper(s)to be used: (Complete only if important): To appear in NDN Friday, February 17, 2017
X Naples Daily News ❑ Other ❑ Legally Required
Proposed Text: (Include legal description& common location& Size):Notice of Public Hearing-Collier County, Florida
regarding CRA Loan Restructure.
Companion petition(s), if any&proposed hearing date: N/A
Does Petition Fee include advertising cost? X Yes ❑ No If Yes, what account should be charged for advertising costs: 505713.
Please charge to PO 4500173811.
Reviewed by:
Shirley Garcia 02/13/2017
Divis;on Administrator or Designee Date
List attachments: (2)Notices of Public Hearing
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Administrator. Note: If legal document is involved,be sure that any necessary legal review,or
request for same, is submitted to County Attorney before submitting to County Administrator. The Administrator's
office will distribute copies:
❑ County Manager agenda file: to ❑ Requesting Division ❑ Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
***********************************************************************************************************
FOR C'LERK'S OFFICE USE O •L.Y:
Date Received: 27/3 /7 Date of Public hearing: 1 1 Date Advertised: 2 / 7 /7
11A
NOTICE OF PUBLIC MEETING
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
Notice is hereby given that the Collier County Board of County Commissioners
will hold a public meeting on Tuesday, February 28, 2017, at 9:00 a.m. or as soon
thereafter as practicable, in the Collier County Board of County Commissioner's
Chambers on the third floor of the Collier County Government Complex, 3299 Tamiami
Trail East, Naples, Florida 34112, to consider adoption of a resolution authorizing the
Collier County Redevelopment Agency (the "Agency") to obtain a loan from TD Bank,
N.A. in the aggregate principal amount not exceeding $5,500,000 (the "Loan"), under the
authority of Chapter 163, Part III, Florida Statutes, and other applicable provisions of
Florida law. The proceeds of the Loan are to be used to refinance existing Agency debt.
The Loan will be payable from the increment tax revenues derived by the Agency within
the Bayshore/Gateway Triangle Community Redevelopment Area and, to the extent such
increment tax revenues are insufficient, certain other legally available non-ad valorem
revenues of the Agency. The Loan shall not constitute a pledge of the general credit or
taxing power of the Agency, Collier County, the State of Florida or any political
subdivision or agency thereof. All persons who may be interested will be given an
opportunity to be heard concerning the same at the public meeting. Written comments
may also be submitted prior to the meeting to the Collier County Board of County
Commissioners at 3299 Tamiami Trail East, Naples, Florida 34112.
In accordance with the Americans with Disabilities Act, persons needing a special
accommodation to participate in this proceeding should contact the Collier County
Facilities Management Department located at 3335 Tamiami Trail East, Naples, Florida
34112, (239) 252-8380; assisted listening devices for the hearing impaired are available
in the Board of County Commissioners Office.
By order of the Collier County Board of County Commissioners.
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
By: /s/Penny Taylor
Chairman
11A
Martha S. Vergara
From: Garcia, Shirley
Sent: Monday, February 13, 2017 8:15 AM
To: Martha S.Vergara
Cc: Fleming,Valerie; Durham,Tim;Arnold, Michelle; Finn, Ed
Subject: FW: CRA Bayshore/Gateway Public Notices
Attachments: Public Meeting Notice (County) (2).docx; Public Meeting Notice (CRA) (2).docx; Legal Ad
Request Template.docx
Martha: Good morning! These need to be sent over to Naples Daily News today so they will appear in the paper on
Friday, February 17th. Would you please send me a copy of what you send to Naples Daily News so I have a copy for my
records and CC Valerie Fleming please.
Thank you,
Shirley
From: FlemingValerie
Sent: Monday, February 13, 2017 8:00 AM
To: GarciaShirley
Subject: RE: CRA Bayshore/Gateway Public Notices
Good morning Shirley.
These look ok to send to Martha. Please send me a copy of the proofs that you approve for my records.
Thank you so much for your help with this.
VValetle cflemtn8
Operations Coordinator
Collier County Government
Office of Management and Budget
3299 Tamiami Trail E, Ste 201
Naples, FL 34112
239-252-8973
From: GarciaShirley
Sent: Monday, February 13, 2017 7:24 AM
To: FlemingValerie
Subject: another change
oh and I added the number(2)to the attachments to the request for legal advertisement, see attached for changes.
Sincerely,
Shirley
1
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ortv
Bayshore Gateway Triangle CRA•Baysht re Beautification MST1.
Haldeman Creek MSTt
3570 Bayshore Drive, Unit 102, Naples, FL 34112
Ph: 239-643-1115 Fax: 239-252-6353
www.bayshorecra.com
From: GarciaShirley
Sent: Monday, February 13, 2017 6:41 AM
To: FlemingValerie
Subject: RE: CRA Bayshore/Gateway Public Notices
Valerie:The only changes I made was the address for the Commissioners and to the account number to be charged on
the request for legal advertising.Thank you for all your help. Let me know if I can send to Martha this morning to get this
advertised.
Shirley
From: FlemingValerie
Sent: Friday, February 10, 2017 4:11 PM
To: GarciaShirley
Subject: CRA Bayshore/Gateway Public Notices
Hi Shirley.
Back in 2013,Jean had submitted a request to have 2 public notices posted in the Naples Daily News. Since she is not
here, do you send those for posting? I did a legal ad request for you and included the 2 separate ads to be posted. I am
not sure if you need a legal ad request for each posting. These need to be sent over to Naples Daily News on Monday so
they will appear in the paper on Friday, February 17th. Would you please send me a copy of what you send to Naples
Daily News so I have a copy for my records? If for some reason,you are not able to do this, please let me know and I'll
send it for you.
Thank you.
(Palette clemuw
Operations Coordinator
Collier County Government
Office of Management and Budget
3299 Tamiami Trail E, Ste 201
Naples, FL 34112
239-252-8973
From: FlemingValerie
Sent: Friday, February 10, 2017 2:24 PM
2
To: GarciaShirley11A
Subject: CRA Letterhead for Bayshore/Gateway
Hi Shirley.
Do you have a CRA Letterhead document you could email me? I need one to print the CRA Loan Restructure documents
on.
Thank you.
CYaletie orlemins
Operations Coordinator
Collier County Government
Office of Management and Budget
3299 Tamiami Trail E, Ste 201
Naples, FL 34112
239-252-8973
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
3
1 1 A
Acct #068839
February 13, 2017
Attn: Legals
Naples News Media
1100 Immokalee Road
Naples, FL 34110
Re: CRA Notice— CRA Loan Restructure
Dear Legals:
Please advertise the above referenced notice on Friday, February 17, 2017
and send the Affidavit of Publication, in Duplicate, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500173811
11A
NOTICE OF PUBLIC MEETING
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
Notice is hereby given that the Collier County Board of County Commissioners
will hold a public meeting on Tuesday, February 28, 2017, at 9:00 a.m. or as soon
thereafter as practicable, in the Collier County Board of County Commissioner's
Chambers on the Third Floor of the Collier County Government Complex, 3299 Tamiami
Trail East, Naples, Florida 34112, to consider adoption of a resolution authorizing the
Collier County Redevelopment Agency (the "Agency") to obtain a Loan from TD Bank,
N.A. in the aggregate principal amount not exceeding $5,500,000 (the "Loan"), under the
authority of Chapter 163, Part III, Florida Statutes, and other applicable provisions of
Florida law. The proceeds of the Loan are to be used to refinance existing Agency debt.
The Loan will be payable from the increment tax revenues derived by the Agency within
the Bayshore/Gateway Triangle Community Redevelopment Area and, to the extent such
increment tax revenues are insufficient, certain other legally available non-ad valorem
revenues of the Agency. The Loan shall not constitute a pledge of the general credit or
taxing power of the Agency, Collier County, the State of Florida or any political
subdivision or agency thereof. All persons who may be interested will be given an
opportunity to be heard concerning the same at the public meeting. Written comments
may also be submitted prior to the meeting to the Collier County Board of County
Commissioners at 3299 Tamiami Trail East, Naples, Florida 34112.
In accordance with the Americans with Disabilities Act, persons needing a special
accommodation to participate in this proceeding should contact the Collier County
Facilities Management Department located at 3335 Tamiami Trail East, Naples, Florida
34112, (239) 252-8380; assisted listening devices for the hearing impaired are available
in the Board of County Commissioners Office.
By order of the Collier County Board of County Commissioners.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PENNY TAYLOR, CHAIRMAN
DWIGHT E. BROCK, CLERK
BY: Martha Vergara, Deputy Clerk
(Seal)
11A
Martha S. Vergara
From: Martha S.Vergara
Sent: Monday, February 13, 2017 10:51 AM
To: Legals NDN (legals@naplesnews.com)
Subject: CRA Loan Restructure- TD Bank
Attachments: CRA Loan Restructure(2-28-17).doc; CRA Loan Restructure (2-28-17).doc
Hello,
Please advertise the following attached ad Friday, February 17, 2017.
Please forward an ok when received, if you have any questions feel free to call me.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara@collierclerk.com
1
11A
Martha S. Vergara
From: ivonne.gori@naplesnews.com
Sent: Tuesday, February 14, 2017 12:12 PM
To: Martha S.Vergara
Cc: Ivonne Gori
Subject: Ad: 1487451, NOTICE OF PUBIC MEETING COLLIER COU
Attachments: BAYSHOREGA-91-1487451-1.pdf
Attached is the document you requested. Please review and let us know if you have any
questions. Thank you.
Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network
0: 239.213.6061
F: 239.263.4307
E:ivonne.gori@NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
1
hA
? apLr !i B ? cwE1
Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.goriganaplesnews.com
Date:02/14/17 This is a proof of your ad scheduled to run on the dates indicated below.
Account Number:505713(N068839) Please confirm placement prior to deadline by contacting your account
Company Name:BAYSHORE GATEWAY CRA rep at(239)262-3161.
Ad Id:1487451 P.O.No.:45-173811 Total Cost:$286.37
Contact Name:
Email:Martha.Vergaragcollierclerk.com Tag Line:NOTICE OF PUBLIC MEETING COLLIER COU
Address:3570 BAYSHORE DR STE 102,NAPLES,FL,34112 Start Date:02/17/17 Stop Date:02/17/17
Phone:(239)643-1115 Fax:(000)000-0000 Number of Times:1 Class: 16180-Notice
Publications:ND-Naples Daily News,ND-Internet-naplesnews.com
I agree this ad is accurate and as ordered.
NOTICE OF PUBLIC MEETING
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
Notice is hereby given that the Collier County Board of County
Commissioners will hold a public meeting on Tuesday,February
28,2017,at 9:00 a.m.or as soon thereafter as practicable,in the
Collier County Board of County Commissioner's Chambers on
the Third Floor of the Collier County Government Complex,3299
Tamiami Trail East,Naples,Florida 34112,to consider adoption
of a resolution authorizing the Collier County Redevelopment
Agency(the"Agency")to obtain a Loan from TD Bank,N.A.in
the aggregate principal amount not exceeding$5,500,000(the
"Loan"), under the authority of Chapter 163, Part III, Florida
Statutes,and other applicable provisions of Florida law. The
proceeds of the Loan are to be used to refinance existing
Agency debt. The Loan will be payable from the increment tax
revenues derived by the Agency within the Bayshore/Gateway
Triangle Community Redevelopment Area and, to the extent
such increment tax revenues are insufficient, certain other
legally available non-ad valorem revenues of the Agency. The
Loan shall not constitute a pledge of the general credit or taxing
power of the Agency,Collier County,the State of Florida or any
political subdivision or agency thereof. All persons who may be
interested will be given an opportunity to be heard concerning
the same at the public meeting. Written comments may also
be submitted prior to the meeting to the Collier County Board
of County Commissioners at 3299 Tamiami Trail East, Naples,
Florida 34112.
In accordance with the Americans with Disabilities
Act,persons needing a special accommodation to participate
in this proceeding should contact the Collier County Facilities
Management Department located at 3335 Tamiami Trail East,
Naples,Florida 34112,(239)252-8380;assisted listening devices
for the hearing impaired are available in the Board of County
Commissioners Office.
By order of the Collier County Board of County
Commissioners.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
PENNY TAYLOR,CHAIRMAN
DWIGHT E.BROCK,CLERK
BY: Martha Vergara,Deputy Clerk
(Seal)
February 17,2017 No.1487451
Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat-
egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi-
ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past
the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may
be pro-rated for the remaining full days for which the ad did not run.
11A
Martha S. Vergara
From: Martha S.Vergara
Sent: Tuesday, February 14, 2017 12:21 PM
To: Fleming, Valerie; Garcia, Shirley
Subject: CRA Loan Restructure#1
Attachments: BAYSHOREGA-91-1487451-1.pdf
Morning Ladies,
I just received the ad proof for your review.
Let me know of any changes needed.
Thanks,
Martha
1
11A
Martha S. Vergara
From: Martha S.Vergara
Sent: Tuesday, February 14, 2017 2:38 PM
To: Fleming, Valerie; Garcia, Shirley
Subject: RE: CRA Loan Restructure#2
Ok ladies.. I will approve them both to NDN.
Thanks,
Let's do this again real soon!!
From: Fleming,Valerie
Sent:Tuesday, February 14, 2017 2:37 PM
To: Martha S.Vergara<Martha.Vergara@collierclerk.com>;Garcia,Shirley<ShirleyGarcia@colliergov.net>
Subject: RE: CRA Loan Restructure#2
Yes. They both look good to me too.
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Sent: Tuesday, February 14, 2017 2:37 PM
To: GarciaShirley; FlemingValerie
Subject: RE: CRA Loan Restructure #2
Valerie,
Have you seen both ads?
What do you think?
From:Garcia, Shirley
Sent:Tuesday, February 14, 2017 2:30 PM
To: Martha S.Vergara<Martha.Vergara@collierclerk.com>; Fleming, Valerie<ValerieFleming@colliergov.net>
Subject: RE: CRA Loan Restructure#2
Both look good to me too thank you.
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Sent: Tuesday, February 14, 2017 12:25 PM
To: GarciaShirley; FlemingValerie
Subject: CRA Loan Restructure #2
Hi Ladies,
Attached for your review is the ad proof for the 2nd ad.
Please let me know of any changes needed.
1 1A
Martha S. Vergara
From: Fleming, Valerie
Sent: Tuesday, February 14, 2017 2:37 PM
To: Martha S.Vergara; Garcia, Shirley
Subject: RE: CRA Loan Restructure#2
•
Yes. They both look good to me too.
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
•
Sent: Tuesday, February 14, 2017 2:37 PM
To: GarciaShirley; FlemingValerie
Subject: RE: CRA Loan Restructure #2
Valerie,
Have you seen both ads?
What do you think?
From:Garcia, Shirley
Sent:Tuesday, February 14, 2017 2:30 PM
To: Martha S.Vergara<Martha.Vergara@collierclerk.com>; Fleming,Valerie<ValerieFleming@colliergov.net>
Subject: RE: CRA Loan Restructure#2
Both look good to me too thank you.
From: Martha S. Vergara [mailto:Martha.Vergara(acollierclerk.com]
Sent: Tuesday, February 14, 2017 12:25 PM
To: GarciaShirley; FlemingValerie
Subject: CRA Loan Restructure #2
Hi Ladies,
Attached for your review is the ad proof for the 2nd ad.
Please let me know of any changes needed.
Thanks,
Martha
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
1 1 A
Martha S. Vergara
From: Martha S. Vergara
Sent: Tuesday, February 14, 2017 2:37 PM
To: Garcia, Shirley; Fleming, Valerie
Subject: RE: CRA Loan Restructure#2
Valerie,
Have you seen both ads?
What do you think?
From: Garcia, Shirley
Sent:Tuesday, February 14, 2017 2:30 PM
To: Martha S. Vergara<Martha.Vergara@collierclerk.com>; Fleming,Valerie <ValerieFleming@colliergov.net>
Subject: RE:CRA Loan Restructure#2
Both look good to me too thank you.
From: Martha S. Vergara [mailto:Martha.Vergara(acollierclerk.com]
Sent: Tuesday, February 14, 2017 12:25 PM
To: GarciaShirley; FlemingValerie
Subject: CRA Loan Restructure #2
Hi Ladies,
Attached for your review is the ad proof for the 2nd ad.
Please let me know of any changes needed.
Thanks,
Martha
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
11A
Martha S. Vergara
From: Martha S.Vergara
Sent: Tuesday, February 14, 2017 2:49 PM
To: 'ivonne.gori@naplesnews.com'
Subject: RE: 1487451, NOTICE OF PUBLIC MEETING COLLIER COU
Hi Ivonne,
The forwarding departments have reviewed and approved this ad proof.
Please proceed with publishing as requested.
Thanks,
Martha
Original Message
From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com]
Sent: Tuesday, February 14, 2017 12:12 PM
To: Martha S. Vergara <Martha.Vergara@collierclerk.com>
Cc: Ivonne Gori <ivonne.gori@naplesnews.com>
Subject: Ad: 1487451, NOTICE OF PUBLIC MEETING COLLIER COU
Attached is the document you requested. Please review and let us know if you have any
questions. Thank you.
Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network
0: 239.213.6061
F: 239.263.4307
E:ivonne.gori@NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
1
11A
, ..4apiapLrø iküL .etti
NaplesNews.com
Published Daily
Naples,FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that
he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun-
ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published
in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published
at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published
in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as
second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre-
ceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid
nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Customer Ad Number Copyline P.O.#
BAYSHORE GATEWAY CRA 1487451 NOTICE OF PUBLIC MEE 45-173811
Pub Dates
February 17,2017
//?dc
(Signure of affiant)
Sworn to and subscribed before me I "'r►L'•. IVONNE GORI
This February 7,2017 I. 1 Notary Public-State of Florida
I 'l lei
•} Commission 4,S
FF 900ay0
��dt. My Comm.Expires Jul 16,2019
/ ( wPaa Bolded through National Notary Ann.
,tR/OLL VI
(Signatur of affiant) '
1 i
29D Friday,February 17,2017 Naples Daily Nees A
N-,1,_ N,tilc N.,t..', Monies
Announcements `� COLLIER COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT NOTICE OF PUBLIC MEETING
�_ FIRE SUPPRESSION INFRASTRUCTURE PROJECT COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
- - NOTICE OF FINDING OF NO SIGNFICANT IMPACT AND
NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS Notice is hereby given that the Collier County Board of County
Commissioners will hold a public meeting on Tuesday,February
HOLY SPIRIT-you who makes February 17,2017 28,2017,at 9:00 a.m.oras soon thereafter as practicable,in the
me see everything and who Collier County,Florida Collier County Board of County Commissioner's Chambers on
shows me the way to reach 3299 Tamiami Trail East the Third Floor of the Collier County Government Complex,3299
my ideal.You who give me Naples,FL 34112 Tamiami Trail East.Naples,Florida 34112,to consider adoption
t
the divine gift to forgive and (239)252.8999 Agency(the i�Agency")to n authorizinobtain athelLoan I nt TO U k,CountyoN.Aeln
forget the wrong that is done These notices shall satisfy two separate but related procedural requirements for activities to be the aggregate principal amount not exceeding$5,500,000(the
to me,and you who are in all undertaken by Collier County. -Loan.),under the authority of Chapter 163,Part III,Florida
instances of my life with me.
I.in this Short dialogue,want Statutes,and other applicable provisions of Florida law. The
REQUEST FOR RELEASE OF FUNDS proceeds of the Loan are to be used torefinance existing
to thank you for everything Agency debt.The Loan will be payable from the increment tax
and confirm once more that On or about March 7,2017 Collier County will submit a request to the United States Housing and revenues derived by the Agency within the Bayshore/Gateway
I want never to be separat- Urban Development(HUD)for the release of Community Development Block Grant funds under Triangle Community Redevelopmeninsufficient,
Area and,to the extent
ed from you no matter how &
great material desire may Title/Sectionprs i ofthe name urthe AMt of rth, amended, construction
a project ted n es the such increment tax revenues rues of Agent other
he.I want to be with you and Fitre Suppression pgradefby Project for the purposerof the so cia.te tiaant ated eqiactivities legally anot
o non a.pledge
revenues of the Agency.The
my loved ones in your per permitting,
,cvn tructioofire npection se°ices nwdterm contingencies.
sni0000ciestlappurtenances,toetuithe Loanwshallofhe constituteColier County,
he thegeneral atecredit.Flda taor any
etual glory.Amen. Permitting,construction inspection ng is and any contingencies needed to complete the power of the Agency,Collier County,the State of Florda or any
Thank you for your love project,the project's estimated funding is a total of$426.000.00 of which$330,000 of HUD funds political subdivision or agency thereof.All persons who maybe
towards meand my loved
will be used for the project located at Gordon Street,Collee Court,Peters Avenue.Naples.Collier interested will be given an opportunity to be heard concerning
ones.Praythis prayer three County,FL. the same at the public meeting. Written comments may also
be submitted prior to the meeting to the Collier County Board
consecutive days,without FINDING OF NO SIGNIFICANT IMPACT of County Commissioners at 3299 Tamiami Trail East,Naples,
asking for your wish.After Florida 34112.
the third day your wish will Collier County has determined that the project will have no significant impact on the human
be granted no matter how environment Therefore,an Environmental Impact Statement under the National Environmental In accordance with the Americans with Disabilities
difficultomisit may be. Then Policy Act of 1969(NEPA)is not required. Additional project information•is contained in the Act,persons needing a special accommodation to participate
promise to publish this Environmental Review Record(ERR)on file at the Collier County Community and Human Services in thiproceeding should contact the Collier County Facilities
prayer as soon as your favor Department located at 3339 East Tamiami Trail,Room 211,Naples.Florida and may be examined or anagement Department located at 3335 Tamiami Trail East,
is granted.BAP copied weekdays 9:00 A.M to 4:00 P.M. Naples,Florida 34112,(239)252-8380;assisted listening devices
for the hearing impaired are available in the Board of County
Wheels/Recreation PUBLIC COMMENTS Commissioners Office.
O Any individual.group.or agency may submit written comments on the ERR to the Collier County BY order of the Collier County Board of County
Community and Human Services Department at the address above or by email to LisaOien@Commissioners.
colliergov.net.All comments received by March 6,2017 will be considered by Collier County prior
to authorizing submission of a request for release of funds. Comments should specify which BOARD OF COUNTY COMMISSIONERS
Buy and Sell Notice they are addressing. COLLIER COUNTY,FLORIDA
PENNY TAYLOR,CHAIRMAN
here! ENVIRONMENTAL CERTIFICATION DWIGHT E.BROCK,CLERK
BY: Martha Vergers,Deputy Clerk
Collier County certifies to HUD that Leo E.Ochs,Jr.in his capacity as County Manager consents to
Loccd fLeds accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in February 17.2017 (Seep No.1487451
relation to the environmental review process and that these responsibilities have been satisfied.
....0^,..... a thoritiiies andoval allows Collierof the cCounty toation suse fiesProgs ramofundisitiesunder NEPA and related laws and Notic<� Notice
I 1E STATE OF FLORIDA
Legals OBJECTIONS TO RELEASE OF FUNDS DEPARTMENT OF ENVIRONMENTAL PROTECTION
•
HUD will accept objections to its release of fund and Collier County's certification for a period NOTICE OF INTENT TO ISSUE PERMIT
N c,ticc of fifteen days following the anticipated submission date or its actual receipt of the request
(whichever is later)only if they,are on one of the following bases:(a)the certification was not The Department of Environmental Protection gives notice of its
2016-CA-2312 executed by the Certifying Officer of Collier County;(b)Collier County has omitted a step or intent to issue a permit revision to Collier County Water-Sewer
IN TUE CIRCUIT COURT OF failed to make a decision or finding required by HUD regulations at 24 CFR part 58;(c)the grant District,Beth Johnsen,3339 Tamiami Trail East,Suite 303,
THE TWENTIETH JUDICIAL recipient or other participants in the development process have committed funds,incurred costs Naples,Florida 34112.to remove one surface water discharge.
CIRCUIT IN AND FOR COLLIER or undertaken activities not authorized by 24 CFR Part 58 before approval of a release of funds by and to remove the disinfection treatment unit from the aquifer
CIUNTY,FLORIDA HUD;or(d)another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written storage and recovery(ASR)well recovered water.The facility is
Civil Action finding that the project is unsatisfactory from the standpoint of environmental quality.Objections located at latitude 26015'57"N,longitude 81047'14"Won 10500
Case N0.2016-CA-2312 must be prepared and submitted in accordance with the required procedures(24 CFR Part 58,Sec. Goodlette-Frank Road,Naples.Florida 34109 in Collier County.
CAPITAL BANK CORPORATION 58.76)and shall be addressed to Miami HUD Office at Brooke!!Plaza Federal Building,909 SE First The Department has assigned permit file number FL0141399-031-
F/K/A CAPITAL BANK,N.A.a Avenue,Room 500 Miami,FL 331313028. Potential objectors should contact HUD to verify the DW1P to the proposed project.
national banking association, actual last day of the objection period.
Plaintiff, The intent to issue and application file are available
v. Leo E.Ochs,Jr. electronically at the following portal link http://webapps.dep.
NWFP HOLDINGS CORP., a state.fl.us/DepNexus/public/electronic-documents/F10141399/
Floridar potation: NWFP County Manager.Collier County =AM facility/search These records are also available for public
PETROLEUMCORP.,a Florida inspection during normal business hours,8:00 a.m.to 5:00
corporation; WACNOVIA p.m.,Monday through Friday,except legal holidays,at the
SBA LENDING,INC.:NAJEEB Department's South District Office,2295 Victoria Ave,Suite 364,
ULLAH; BOARD OF COUNTY SUBVENCION EN BLOQUE PARA EL DESARROLLO COMUNITARIO DEL CONDADO DE COLLIER Ft.Myers,Florida 33901-3875,at phone number(239)344-5600.
COMMISSIONERS COLLIER
d PROTECT°DE INFRAESTRUCTURA DE SUPRESION DE INCENDIOS
COUNTY, FLORIDA AVISO DE NO HALLAZGO DE IMPACTO SIGNIFICATIVO Y The Department petition
will issue the permit revision as isafted unlessr
UNKNOWN TENANTS IN AVISO DE INTENCIAN DE SOLICITAR LA UBERACION DE FONDOS a cmels 5for an administrative hearing it filed rteer
POSSESSION, Sections 120.569 and 120.57,Florida Statutes,within fourteen
Defendants. days of receipt of notice.The procedures for petitioning for a
17 de ere,Collier,
hearing are set forth below.
NOTICE OF ACTION Condado99dC T ail Flsrida
Tamiami32999L2ail East A personatmwhose substantialm ting are affectedaby the
TO:NajeeYOU a")Naples,-34112 Department's administrative
proposedrding(h ori g)decisionunder may petitions for
YOU AREf NOTIFIED a (239)252-8999 an20.57, iproceeding(hearing) Sections in120.569
mat an action to foreclose a Estes avisos deberin setisfacer dos requisites procesales separadds perp relaeienades pan In and formation
Florida Statutes. The t petitionblmust ived by the
mortgage on ore following actividedes a ser deserroliadas per el Condado de Collier. information set Office
forth below l Co ns l of fed preteen tthe
property in Collier County, Clerk)Inthe BoufGard,Mal Stationthe. paee,at rida
onda: SOLICITUD DE LIBERACION DE FONDOS Commonwealth Boulevard,Mail Station 35.Tallahassee,Florida
Lot 7and NBlock1co NAPLES 32399-3000.
MANOR ANNEX according g to En o alrededor del 7 de Marz0 de 2017,el Condado de Collier presentara una s°licitud al
the Plat thereof as a recorded(s) Departamento de Vivienda y Desarrollo Urbane(HUD)de los Estados Unidos para liberar los Under que 62-110.106(4),aextension
of he Administrative irtfiling Code,a person
an
1 Plat the Pa 1, Pages U) Tondos de la Subvencien en Bloque para Desarrollo Comunitario bajo el Titulo/Section 1 del may nires rata an earl ns.oT The theetime for filing a petition(received
for any
ILD eofn County, ridcords of administrative Office.f renal Co nsel be ore t(ee nd oil he
Copier nfiledFlorida.Fnombre de la I Ley de 1974,segun enmendada,para Is,co a cabo 6s proyecto truir d0 coma the Clerk)in the Office of General Counsel before the end of the
has been tiled against you and Proyectd de odes elacioura de on la ins de Incendion,con el p t de h de contrast y rrnientr time period for filing a petition for an administrative;hearing.
you are required to serve a okras achvidatles relacionadas con la instalacip y/o meloramiento de hidrantes,mejoramrenta
copy of your written defenses, de tuberias de ague,accesorius asociados,permisos requentlos,servicios de inspeccidn de Petitions filed by any persons other than those entitled to
if any, t0 it on Thomas construccdel y ier es dgencia necesana para completer el proyecto,el financiamientowritten notice under Section 120 60(3)Florida Statutes,must be
K. Rinaldi' the plaintiff's estimado del proyecto total es de$426,000.00 de los cuales$330,000 pr Peters
rtes de tondos HUD iled within fourteen days of publication of the notice or within
attorney, whose address s serdn usados para el proyecto ubicado en Gordon Street,Collee Court,PetAvenue,Naples, fourteen days of receipt of the written notice,whichever occurs
4001 Tamiami Trail North, Condado de Collier.FL. first. Section 120.60(3),Florida Statutes,however,also allows
Suite 250, Naples, Florida that any person who has asked the Department in writing for
34103 within thirty(30)days NO HALLAZGO DE IMPACT°SIGNIFICATIVO notice of agency action may file a petition within fourteen days
of first publication in the of receipt of such notice,regardless of the date of publication.
Naples Dally News,and file the El Condado de Collier ha determined°que el proyecto no tendra un impact°significative en el
original with the clerk of this ambients humane.Por Io tanto,no se isomers una Declaracidn de Impact°Ambiental hair.la Ley The petitioner shall mail a copy of the petition to the applicant
court either before service Nacional de Politica Ambiental(NEPA)de 1969.Informacicn adicional del proyecto esti contenida at the address indicated above at the time of filing.The failure
on the plaintiff's attorney en el Registro de Revision Ambiental(ERR)en los archives del Departamento de servicios of any person to file a petition or request for an extension of
or immediately thereafter. Cands y Humanos del Condado de Collier ubicado en 3339 East Tamiami Trail,Sala 211, time within fourteen days of receipt of notice shall constitute
otherwise a default will Naples,Florida y puede ser examinada o copiada los dies de semana de 9:00 A.M a 4:00 P.M. a waiver of that person's right to request an administrative
be entered against you for determination(hearing)under Sections 120.569 and 120.57,
the relief demanded in the COMENTARIOS POBLICOS Florida Statutes.Any subsequent intervention(in a proceeding
complaint or petition. Cualquier indivitluo,grape o agencia pude presenter ohservaciones or escrito eerie el ERR al initiated by another party)will be only at the discretion of the
Dated on February 7,2017. presiding officer upon the filing of a motion in compliance with
DWIGHT E.BROCK Departamento de servicios Comunitanos y Humanos del Condado de Collier a la direccien oaths Rule 28.106.205,Florida Administrative Code.
COLLIER COUNTY CIRCUIT menmoneda o per correo electr6nico 7.sed°a Lis considerados
Coot.Todds los comentarios
COURT recibidos antes del 6 de Matzo de 2017,seran per el Condado de Collier antes de A petition that disputes the material facts on which the
Clerk of the Court autorizar la presentaci6n de una solicitutl para la liberation de Tondos.Los comentarios deben Department's action is based must contain the following
By:/s/Patricia Mull especificar el awso al coal se refieren. information, as indicated in Rule 28-106.201, Florida
As Deputy Clerk Administrative Code:
Bond, Schoeneck. & King, CERTIFICACION AMBIENTAL (a) each agency's The name y' fd ile or idenHf catis of each on numbeaffr.�f known;
thd and
PLLC,
Attn:Thomas K.a0 di,Esq. (b) The nae, telephone
any e-mail address.petitioner,any facsimile
4001 Tamiami Trail North, El Condado , Collier enmities ante el HUD que Leo E Ochs.Jr.,en su l cede!es Feder tes,o r number,and r is re number of theattorney
ror
Suite#250 del Condado,odi to consep0005 una a oci para aa hacer
r ca mphir lass nro po las Cortes Federales,asn a the qualified
is not represented the a adress,and
Naples.FL 34103 caso de que o e evision una action pare hatrumour las responsabilidades isfechas. La a telephone
rum e r of the petitioner's t t name,address,ate
Phone:(236)-3812 6 con b cillo d l tle rewsiaci ambir ptal,art y que dachas resp susaespo a ban side alo NEPA y l esLa iany, hi number f the rsrepresentative.rvi
Feb: 1.17,24 y autoni iados elaci000 a s,y per ice que HUD Condado
de sus iesponsabo fondades bajo NEPA y leges if any,which sbef the address n for service purposes
February 10,17,24 and March y autondades relacionadas,y permits que el Condado de Collier ufirce los tondos del Programa. during the course of the proceeding;and an
3,2017 No.1481796 explanation of how the petitioner's substantial
FAMILY COURT FOR THE
OBJECIONES A U LIBFAACION DE TONDOS interests statement tl of when andd by the determination;
piti petitioner
STATE OF DELAWARE (c) ALiDepartment's ahow netitioner received
NOTICE OF FAMILY COURT an p riod°de quince la para ues de la f ch tondos y la cde prescot del Condado de cit oed por notice of the decision;
un perld(e de a seep sies oespuas en a isyn usad sen de presentaci6n os:a)lac en mC de la (d) A statement of all disputed issues of material fact.If
ACTION noohcitud(el ueseaposterior)solamentesison basad ado u Collier;(5 ientes:a)la certifllier n there are none,the petition must so indicate:
foe ejecutada por el Oficial Certificadrr del Condado de Collier;(b)el Condado de Collier ha (e) A concise statement of the ultimate facts alleged,
TO: Kyle W Lawton, 40124 un pace o no tomd una decision o realiz6 un hallazgo requerido por las regudo de e5 HUD including the specific facts the petitioner contends
Respondent(s)(s) del 24 CFR Parte 58;(c)el receptor de los tondos u otros realizipantes en el proceso de desarrollo warrant reversal or modification of the Department's
Petitioner,Candy S.Lawton han comprometido tondos,han incurrido en gastos°ban realized°actiwdaoes no autorizadas per proposed action;
has filed a Third-Party el 24 CFR Parte 58 antes de la aprobacion de una liberaci6n de Tondos por parte de HUD:o(d)okra (f) A statement of the specific rules or statutes the
Visitation petition against agencia Federal actuando segun 40 CFR Parte 1504 ha presentado un hallazgo por escrito que el petitioner contends require reversal or modification
you in the Family Court of the proyecto es inactorio desde la perspective de carded ambiental.Las objeciones deben ser of the Department's proposed action,including an
State of Deaware for Sussex preVaradas Y presentadaslseggun indican los proven ericktos requerid er(24 CFR Parte 58.Sec. explanation of how the alleged facts relate to the
County on 1/13/17. If you 58.76)y seran dirigidas a la 33131 HUD de Miami en Brickell Plaza Federal Building,909 SE First specific rules or statutes;and
do not file an answer with Avenue,Room 500,Miami,FL 33131-3028.Los objetores potenciales deben contactor a HUD para (g) A statement of the relief sought by the petitioner,
the Family Court within 20 verificar el ultimo ilia en si del period°de objeciones stating precisely the action petitioner wishes the lin
days atter publication of this Department to take with respect to the Department's
notice,exclusive of the date Leo E.Ochs.Jr., proposed action.
of publication, as required
by statute,this action will be Administrador del Condado,Condado de Collier DXi.",✓e',: Because the administrative hearing process is designed to
heard in Family Court without formulate final agency action.the filing of a petition means that
further notice. Petition# February 17,2017 No.1487418 the Department's final action may be different from the position
17-01070 taken by it in this notice.Persons whose substantial interests
2/13/17/s/Cindy West. will be affected by any such final decision of the Department
February 17.2017 No.1489466 have the right to,petition to become a party to the proceeding,
i
et
Notice E OF
Real Estate accordance
under
ectionhe requirements20.573, Florida above.
Mediation r der oceedn 120.573, Florida Sta[u[e5, is not
NOTICE OF PUBLIC SALErin available for this proceeding
DEALERSCHOICE AUTO February 16,2017 Nd.1174785
REPAIR,LLC gives Notice of
Foreclosure of Lien and intent
to sell these vehicles on There's no place like...here
6228,prs, t0 at 6203Buy & Sell fast!
LANES LN NAPLES,FL 34109-
6228,pursuant subsection
to subsectionon
713.78 of the Florida Statutes.
DEALERSCHOICE AUTO NO}T(Cs Battu News
REPAIR,LLC reserves the right
to accept or reject any and/all hips. 1ocalfie Naples Daily News localfieds
to
1G6DM577560156307 2006
CADI
February 17,2017 No.1489104
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 A
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.
**NEW** 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.
3. County Attorney Office County Attorney Office
4. BCC Office Board of County
Commissioners
5. Minutes and Records Clerk of Court's Office
79 //7 h,fit
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 zoir Jo�t�5S Phone Number Z5 2- 1 fO
Contact/ Department
Agenda Date Item was Agenda Item Number
Approved by the BCC `21°24 1/7 /Type of 1 f
Attached Document Num'�GSp cA' 7_3 3 Documents r of Original
Attached
PO number or account I
number if document is t1/4" A
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 original signature?
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by 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's
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
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
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
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!
3. The document was approved by the BCC on (enter date)and all changes made riA is nO1
during the meeting have been incorporated in the attached document. The County pn optiot
Attorney's 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 no
BCC,all changes directed by the BCC have been made,and the document is ready for the an'optio
Chairman's signature. this lin
l:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 1 A
RESOLUTION NO. 2 01.7-33
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AUTHORIZING THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY TO ENTER INTO A LOAN
AGREEMENT WITH TD BANK, N.A. AND OBTAIN A
TERM LOAN THEREUNDER; APPROVING THE
ACTIONS TAKEN BY THE AGENCY WITH RESPECT
TO ITS APPROVAL OF THE LOAN AGREEMENT AND
THE TERM LOAN; AND PROVIDING SEVERABILITY
AND AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, as follows:
SECTION 1. FINDINGS. It is hereby found and determined that:
(A) On the date hereof, the Collier County Community Redevelopment Agency
(the "Agency"), at a duly held meeting, adopted a resolution (the "CRA Resolution"),
which, among other things, authorized the Agency to receive a term loan in the principal
amount not exceeding $5,500,000 (the "Loan") from TD Bank, N.A. (the "Bank") and
approved the form of a Loan Agreement (the "Loan Agreement") to be entered into
between the Agency and the Bank.
(B) The Agency shall use the proceeds of the Loan to refinance the amounts
outstanding under an existing loan agreement to allow for the extension of the maturity
thereof and the establishment of a fixed interest rate.
(C) The Agency's repayment obligations under the Loan Agreement shall be
secured by and payable from increment tax revenues to be collected by the Agency with
respect to the Bayshore/Gateway Triangle Community Redevelopment Area (the
"Community Redevelopment Area"), and, to the extent such increment tax revenues are
insufficient, other legally available non-ad valorem revenues of the Agency budgeted and
appropriated pursuant to the Loan Agreement, all as described in the Loan Agreement
(the "Pledged Funds").
(D) The Board of County Commissioners (the "Board") of Collier County,
Florida (the "County") finds it to be in the best interests of the County to authorize the
Agency to obtain the Loan and to approve the provisions of the Loan Agreement.
SECTION 2. AUTHORITY FOR THIS RESOLUTION. This
Resolution is adopted pursuant to the provisions of Chapter 125, Florida Statutes,
Chapter 163, Part III, Florida Statutes, and other applicable provisions of law (the "Act").
11 A
SECTION 3. AUTHORIZATION OF AGENCY OBTAINING THE
LOAN. The County hereby authorizes the Agency to obtain the Loan for the purposes
set forth in the Loan Agreement.
SECTION 4. APPROVAL OF FORM OF LOAN AGREEMENT. The
terms and provisions of the Loan Agreement in substantially the form attached hereto as
Exhibit A are hereby approved, with such changes, insertions and additions as the
Chairman of the Agency may approve, her execution thereof being evidence of such
approval.
SECTION 5. APPROVAL OF AGENCY'S ACTIONS; NO
IMPAIRMENT; NO ADDITIONAL DEBT. (A) The Board hereby approves the
actions taken by the Agency in its adoption of the CRA Resolution.
(B) So long as any indebtedness of the Agency is outstanding under the Loan
Agreement, the pledging of the Increment Tax Revenues (as defined in the Loan
Agreement) in the manner provided in the Loan Agreement shall not be subject to repeal,
modification or impairment by any subsequent ordinance, resolution, agreement or other
proceedings of the County or the Agency. The County covenants to do all things
necessary or required on its part by the Act, or other applicable provisions of the law, to
maintain the levy, collection and receipt of the Increment Tax Revenues. The County
shall exercise all legally available remedies to enforce such levy, collection and receipt
now or hereafter available under law. The County agrees not to cause or allow the
boundaries of the Community Redevelopment Area to be decreased or the Agency to
cease to exist or to shorten the scheduled sunset provision with respect to the Agency's
existence without the prior written consent of the Bank.
(C) So long as any indebtedness of the Agency is outstanding under the Loan
Agreement, the County shall not issue any indebtedness or allow the Agency to issue any
indebtedness that is payable from or secured by the Increment Tax Revenues unless the
provisions of the Loan Agreement are complied with.
SECTION 6. LIMITED OBLIGATION. The obligation of the Agency to
repay the Loan is a limited and special obligation payable from the Pledged Funds solely
in the manner and to the extent set forth in the Loan Agreement and shall not be deemed
a pledge of the faith and credit or taxing power of either the Agency or the County and
such obligation shall not create a lien on any property whatsoever of or in the Agency or
the County other than the Pledged Funds.
SECTION 7. GENERAL AUTHORITY. The members of the Board and
the County's officers, counsel, agents and officials are hereby authorized to do all acts
and things required of them consistent with the requirements of this Resolution, the CRA
Resolution, the Loan Agreement and any other document relating to the matters
described herein for the full punctual and complete performance of all the terms,
2
1 1 A
covenants and agreements contained in this Resolution, the CRA Resolution, the Loan
Agreement and such other documents.
SECTION 8. SEVERABILITY OF INVALID PROVISIONS. If any
one or more of the covenants, agreements or provisions contained herein shall be held
contrary to any express provisions of law or contrary to the policy of express law, though
not expressly prohibited, or against public policy, or shall for any reason whatsoever be
held invalid, then such covenants, agreements or provisions shall be null and void and
shall be deemed severable from the remaining covenants, agreements or provisions
hereof and shall in no way affect the validity of any of the other provisions of this
Resolution.
SECTION 9. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
DULY ADOPTED, in Regular Session this 28th of February, 2017.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
;.,A RP
.
(SEAL) "'
,•-'' '... 0,1, /
By. / Cs t
"44Chairman, B".rd of C. ty Commissioners
ATTE . ,- '1J;1,' , ;
ti
h
• ight E. Brock, Clerk Attest as to Chairman's
By: Deputy Clerk signature only.
APP" O t AS TO FORM
ANI L� i SU ICIENCY:
. r
. i
I
ii
Cou 1, I•.ttorney
3
114
EXHIBIT A
Form of Loan Agreement
EXHIBIT A 11A
LOAN AGREEMENT
BETWEEN
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY
AND
TD BANK, N.A.
Dated as of March 2, 2017
hA1
TABLE OF CONTENTS
Page
ARTICLE I
DEFINITION OF TERMS
SECTION 1.01. DEFINITIONS 1
SECTION 1.02. INTERPRETATION 4
SECTION 1.03. TITLES AND HEADINGS 5
ARTICLE II
REPRESENTATIONS, WARRANTIES AND COVENANTS; SECURITY FOR
SERIES 2017 NOTE
SECTION 2.01. REPRESENTATIONS BY THE AGENCY 6
SECTION 2.02. GENERAL REPRESENTATIONS, WARRANTIES AND
COVENANTS OF THE BANK 6
SECTION 2.03. SERIES 2017 NOTE NOT TO BE INDEBTEDNESS OF THE
AGENCY, COUNTY OR STATE 7
SECTION 2.04. SECURITY. 7
SECTION 2.05. COVENANT TO BUDGET AND APPROPRIATE NON-AD
VALOREM REVENUES 7
SECTION 2.06. PAYMENT COVENANT 8
SECTION 2.07. NO IMPAIRMENT; RECEIPT OF INCREMENT TAX
REVENUES 8
SECTION 2.08. ISSUANCE OF ADDITIONAL INDEBTEDNESS. 8
SECTION 2.09. DEBT SERVICE COVERAGE RATIO. 9
SECTION 2.10. DEBT SERVICE RESERVE FUND 9
SECTION 2.11. PROVISION OF FINANCIAL INFORMATION 10
ARTICLE III
DESCRIPTION OF SERIES 2017 NOTE; PAYMENT TERMS; OPTIONAL
PREPAYMENT
SECTION 3.01. DESCRIPTION OF THE SERIES 2017 NOTE 11
SECTION 3.02. OPTIONAL PREPAYMENT 12
ARTICLE IV
CONDITIONS FOR ISSUANCE OF THE SERIES 2017 NOTE
SECTION 4.01. CONDITIONS FOR ISSUANCE 13
i
hA1
ARTICLE V
EVENTS OF DEFAULT; REMEDIES
SECTION 5.01. EVENTS OF DEFAULT 14
SECTION 5.02. REMEDIES 14
ARTICLE VI
MISCELLANEOUS
SECTION 6.01. AMENDMENTS, CHANGES OR MODIFICATIONS TO
THE AGREEMENT 16
SECTION 6.02. COUNTERPARTS 16
SECTION 6.03. SEVERABILITY 16
SECTION 6.04. TERM OF AGREEMENT 16
SECTION 6.05. NOTICE OF CHANGES IN FACT 16
SECTION 6.06. NOTICES 16
SECTION 6.07. APPLICABLE LAW 17
SECTION 6.08. WAIVER OF JURY TRIAL 17
SECTION 6.09. INCORPORATION BY REFERENCE 17
EXHIBITS
EXHIBIT A - FORM OF SERIES 2017 NOTE A-1
ii
1 1 A
This LOAN AGREEMENT (the "Agreement") is made and entered into as of
March 2, 2017, by and between the COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY, a community redevelopment agency duly organized
and validly existing under the laws of the State of Florida, and its successors and assigns
(the "Agency"), and TD BANK, N.A., a national banking association, and its successors
and assigns (the "Bank");
WITNESSETH:
WHEREAS, the Agency is authorized by provisions of the Chapter 163, Part III,
Florida Statutes, Chapter 125, Florida Statutes, and other applicable provisions of law
(collectively, the "Act") to, among other things, acquire, construct, equip, own, sell,
lease, operate and maintain various capital improvements and public facilities to promote
the purposes of the Act and the welfare and economic prosperity of the residents of
Collier County, Florida (the "County") and to borrow money to finance and refinance the
acquisition, construction, equipping and maintenance of such capital improvements and
public facilities; and
WHEREAS, the Agency finds it necessary and in the best interests of the Agency
to refinance the amounts outstanding under an existing loan agreement with Fifth Third
Bank (the "Bank") dated as of on May 31, 2013, in order to establish a fixed interest rate
and to extend the maturity of the indebtedness incurred thereunder (the "Prior Loan");
and
WHEREAS, the Agency finds that refinancing the Prior Loan will serve a public
purpose under the Act; and
WHEREAS, the Bank is willing to make a term loan available to the Agency, and
the Agency is willing to incur such loan pursuant to the terms and provisions of this
Agreement in an aggregate principal amount of$5,293,293 to refinance the Prior Loan.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
That the parties hereto, intending to be legally bound hereby and in consideration
of the mutual covenants hereinafter contained, DO HEREBY AGREE as follows:
ARTICLE I
DEFINITION OF TERMS
SECTION 1.01. DEFINITIONS. The terms defined in this Article I shall, for
all purposes of this Agreement, have the meanings in this Article I specified, unless the
context clearly otherwise requires.
"Act" shall mean the Florida Constitution, Chapter 163, Part III, Florida Statutes,
Chapter 125, Florida Statutes, and other applicable provisions of law.
1 1 A
"Agency" shall mean the Collier County Community Redevelopment Agency, a
community redevelopment agency duly created and validly existing under the laws of the
State of Florida.
"Agency Debt" shall mean any indebtedness of the Agency secured by or payable
from, in whole or in part, any portion of the Pledged Funds, including but not limited to
the loan made hereunder.
"Agreement" shall mean this Loan Agreement, dated as of March 2, 2017, by and
between the Agency and the Bank and any and all modifications, alterations, amendments
and supplements hereto made in accordance with the provisions hereof.
"Annual Audit" shall mean the annual audit of the County, which shall include
financial activities and information regarding the Agency, prepared pursuant to the
requirements of Section 2.11 hereof.
"Annual Budget" shall mean the annual budget, which shall include financial
activities and information regarding the Agency, prepared pursuant to the requirements of
Section 2.11 hereof.
"Annual Debt Service" shall mean the aggregate amount in the applicable Fiscal
Year of principal and interest required to be paid on outstanding Agency Debt during
such Fiscal Year.
"Authorized Officer" shall mean the Chairman or her duly authorized designee.
"Bank" shall mean TD Bank, N.A., and its successors and assigns.
"Bond Counsel" shall mean Nabors, Giblin & Nickerson, P.A., Tampa, Florida
or any other attorney at law or firm of attorneys, of nationally recognized standing in
matters pertaining to the federal tax exemption of interest on obligations issued by states
and political subdivisions, and duly admitted to practice law before the highest court of
any state of the United States of America.
"Business Day" shall mean any day other than a Saturday, Sunday or a day on
which offices of the Bank in the State of Florida are authorized or required to be closed.
"Chairman" shall mean the Chairman of the Governing Body, or in her absence
or unavailability, the Vice-Chairman of the Governing Body.
"Community Redevelopment Area" shall mean the Bayshore/Gateway Triangle
Redevelopment Area identified by the County pursuant to Resolution No. 2000-82,
adopted on March 14, 2000, as it may be amended or supplemented from time to time.
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"Community Redevelopment Trust Fund" shall mean the Community
Redevelopment Trust Fund established by the County pursuant to Ordinance 2000-42,
adopted on June 13, 2000, as it may be amended or supplemented from time to time.
"County" shall mean Collier County, Florida, a political subdivision of the State
of Florida.
"Debt Service Coverage Ratio" shall mean, as of any date of calculation thereof,
a fraction, the numerator of which is equal to: (a) the sum of actual Increment Tax
Revenues, Non-Ad Valorem Revenues and Transfers In for a Fiscal Year based on the
Annual Audit, less (b) Operating Expenses for such Fiscal Year based on the Annual
Audit, and the denominator of which is the Annual Debt Service for such Fiscal Year.
"Debt Service Reserve Fund" shall mean the fund created pursuant to
Section 2.10 hereof.
"Default Rate" shall mean the lesser of(a) the sum of the Prime Rate plus 6.00%,
per annum and (b) the maximum lawful rate.
"Final Maturity Date" shall mean March 1, 2027.
"Fiscal Year" shall mean the 12-month period commencing on October 1 of any
year and ending on September 30 of the immediately succeeding year.
"Governing Body" shall mean the Board of County Commissioners of Collier
County, Florida, acting in its capacity as the governing body of the Agency.
"Increment Tax Revenues" shall mean all of the increment tax revenues that are
derived within the Community Redevelopment Area and received by the Agency, all in
accordance with Chapter 163, Part III, Florida Statutes, and Ordinance No. 2000-42 of
the County, as it may be amended and supplemented from time to time.
"Interest Payment Date" shall have the meaning ascribed thereto in
Section 3.01(C) hereof.
"Interest Rate" shall mean the fixed annual interest rate of 3.56%.
"Maximum Annual Debt Service" shall mean the largest aggregate amount of
the Annual Debt Service becoming due in any Fiscal Year in which the Series 2017 Note
is outstanding hereunder.
"Non-Ad Valorem Revenues" shall mean all revenues of the Agency derived
from any source whatsoever other than the Increment Tax Revenues and other ad
valorem taxation on real or personal property, which are legally available to make the
payments required herein.
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"Operating Expenses" shall mean those expenses of the Agency currently shown
in the Annual Audit as "Current Expenditures", or such other term or terms subsequently
used to describe such Expenses.
"Pledged Funds" shall mean, collectively, (1) the Increment Tax Revenues,
(2) such legally available Non-Ad Valorem Revenues of the Agency budgeted and
appropriated pursuant to Section 2.05 hereof, and (3) amounts on deposit in the Debt
Service Reserve Fund.
"Prime Rate" shall mean the rate published from time to time in The Wall Street
Journal as the "U.S. Prime Rate" or, in the event The Wall Street Journal ceases to be
published, goes on strike, is otherwise not published or ceases publication of "Prime
Rates," the base, reference or other rate then designated by the Bank, in its sole
discretion, for general commercial loan reference. The Prime Rate is not necessarily the
lowest or best rate of interest offered by the Bank to any borrower or class of borrowers.
"Prior Loan" shall mean the loan from the Fifth Third Bank to the Agency
evidenced by the outstanding Collier County Community Redevelopment Agency
Taxable Note (Fifth Third Bank), Series 2013.
"Reserve Requirement" shall mean one-half(1/2) of the Maximum Annual Debt
Service on the Series 2017 Note.
"Resolution" shall mean the resolution adopted by the Agency on February 28,
2017, which among other things authorized the execution and delivery of this Loan
Agreement and the issuance of the Series 2017 Note.
"Secretary" shall mean Clerk of the Circuit Court of Collier County, Florida and
Ex-Officio Clerk to the Board of Commissioners of Collier County, Florida, acting in his
capacity as Secretary to the Agency, or his duly authorized designee.
"Series 2017 Note" shall mean the Collier County Community Redevelopment
Agency Taxable Note (TD Bank, N.A.), Series 2017 authorized by the Resolution and
more particularly described in Article III hereof.
"State" shall mean the State of Florida.
"Transfers In" shall mean those transfers into the Agency's special revenue fund
currently shown in the Annual Audit as "Other Financing Sources", or such other term or
terms subsequently used to describe such transfers.
SECTION 1.02. INTERPRETATION. Unless the context clearly requires
otherwise, words of masculine gender shall be construed to include correlative words of
the feminine and neuter genders and vice versa, and words of the singular number shall
be construed to include correlative words of the plural number and vice versa. Any
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capitalized terms used in this Agreement not herein defined shall have the meaning
ascribed to such terms in the Resolution. This Agreement and all the terms and
provisions hereof shall be construed to effectuate the purpose set forth herein and to
sustain the validity hereof.
SECTION 1.03. TITLES AND HEADINGS. The titles and headings of the
articles and sections of this Agreement, which have been inserted for convenience of
reference only and are not to be considered a part hereof, shall not in any way modify or
restrict any of the terms and provisions hereof, and shall not be considered or given any
effect in construing this Agreement or any provision hereof or in ascertaining intent, if
any question of intent should arise.
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ARTICLE II
REPRESENTATIONS, WARRANTIES AND COVENANTS;
SECURITY FOR SERIES 2017 NOTE
SECTION 2.01. REPRESENTATIONS BY THE AGENCY. The Agency
represents, warrants and covenants that:
(A) The Agency is a community redevelopment agency duly organized and
validly existing under the laws of the State. Pursuant to the Resolution, the Agency has
duly authorized the execution and delivery of this Agreement, the performance by the
Agency of all of its obligations hereunder, and the issuance of the Series 2017 Note in the
aggregate principal amount of$5,293,293.
(B) The Agency has complied with all of the provisions of the Constitution and
laws of the State, including the Act, and has full power and authority to enter into and
consummate all transactions contemplated by this Agreement or under the Series 2017
Note, and to perform all of its obligations hereunder and under the Series 2017 Note and,
to the best knowledge of the Agency, the transactions contemplated hereby do not
conflict with the terms of any statute, order, rule, regulation, judgment, decree,
agreement, instrument or commitment to which the Agency is a party or by which the
Agency is bound.
(C) The Agency is duly authorized and entitled to issue the Series 2017 Note
and enter this Agreement and, when issued in accordance with the terms of the
Resolution and this Agreement, the Series 2017 Note and the Agreement will each
constitute legal, valid and binding obligations of the Agency enforceable in accordance
with their respective terms, subject as to enforceability to bankruptcy, insolvency,
moratorium, reorganization or other similar laws affecting creditors' rights generally, or
by the exercise of judicial discretion in accordance with general principles of equity.
(D) There are no actions, suits or proceedings pending or, to the best knowledge
of the Agency, threatened against or affecting the Agency, at law or in equity, or before
or by any governmental authority, that, if adversely determined, would materially impair
the ability of the Agency to perform the Agency's obligations under this Agreement or
under the Series 2017 Note.
(E) As of the date hereof, no outstanding indebtedness of the Agency exists
other than the Prior Loan and any interest accrued thereon.
SECTION 2.02. GENERAL REPRESENTATIONS, WARRANTIES AND
COVENANTS OF THE BANK. The Bank hereby represents, warrants and agrees that
it is a national banking association authorized to execute and deliver this Agreement and
to perform its obligations hereunder, and such execution and delivery will not constitute a
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violation of its charter, articles of association or bylaws. Pursuant to the terms and
provisions of this Agreement, the Bank agrees to provide the loan evidenced by the
Series 2017 Note to the Agency for the purpose of refinancing the Prior Loan.
SECTION 2.03. SERIES 2017 NOTE NOT TO BE INDEBTEDNESS OF
THE AGENCY, COUNTY OR STATE. The Series 2017 Note, when delivered by the
Agency pursuant to the terms of this Agreement, shall not be or constitute an
indebtedness of the Agency, the County, the State of Florida or any political subdivision
or agency thereof, within the meaning of any constitutional, statutory or charter
limitations of indebtedness, but shall be secured solely by and payable from the Pledged
Funds, as herein provided. The Bank shall never have the right to compel the exercise of
the ad valorem taxing power of the Agency or the County, or taxation in any form on any
property therein to pay the Series 2017 Note or the interest thereon. The Series 2017
Note is a special and limited obligation payable as to principal and interest secured solely
by and payable from the Pledged Funds.
SECTION 2.04. SECURITY. The Series 2017 Note shall be secured by and
payable from the Pledged Funds. The Agency does hereby irrevocably pledge and grant
a lien on the Increment Tax Revenues and a pledge of the Pledged Funds to the payment
of the principal of and interest on the Series 2017 Note in accordance with the provisions
hereof.
SECTION 2.05. COVENANT TO BUDGET AND APPROPRIATE NON-
AD VALOREM REVENUES. To the extent the Increment Tax Revenues are
insufficient to pay Annual Debt Service on the Series 2017 Note for any Fiscal Year, the
Agency covenants and agrees to appropriate in its annual budget, by amendment, if
necessary, from Non-Ad Valorem Revenues in each Fiscal Year, amounts which shall be
sufficient to pay the Annual Debt Service on the Series 2017 Note and/or to replenish the
Debt Service Reserve Fund to the extent of any deficiency therein. Such covenant and
agreement on the part of the Agency to budget and appropriate such amounts of Non-Ad
Valorem Revenues shall be cumulative to the extent not paid, and shall continue until
such Non-Ad Valorem Revenues or other legally available funds in amounts sufficient to
make all such required payments and replenishments shall have been budgeted,
appropriated and actually paid. Notwithstanding the foregoing covenant of the Agency,
the Agency does not covenant to maintain any services or programs, now provided or
maintained by the Agency, which generate Non-Ad Valorem Revenues.
Such covenant to budget and appropriate does not create any lien upon or pledge
of such Non-Ad Valorem Revenues, nor does it preclude the Agency from pledging in
the future its Non-Ad Valorem Revenues, nor does it require the Agency to levy and
collect any particular Non-Ad Valorem Revenues. Such covenant to budget and
appropriate Non-Ad Valorem Revenues is subject in all respects to the payment of
obligations secured by a pledge of such Non-Ad Valorem Revenues heretofore or
hereafter entered into (including the payment of debt service on other debt instruments).
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However, the covenant to budget and appropriate in its annual budget for the purposes
and in the manner stated herein shall have the effect of making available for the payment
of debt service on the Series 2017 Note and the replenishment of the Debt Service
Reserve Fund in the manner described herein and in the Resolution Non-Ad Valorem
Revenues and placing on the Agency a positive duty to appropriate and budget, by
amendment, if necessary, amounts sufficient to meet its obligations hereunder.
SECTION 2.06. PAYMENT COVENANT. The Agency covenants that it
shall duly and punctually pay from the Pledged Funds the principal of and interest on the
Series 2017 Note at the dates and place and in the manner provided herein and in the
Series 2017 Note according to the true intent and meaning thereof and all other amounts
due under this Agreement.
SECTION 2.07. NO IMPAIRMENT; RECEIPT OF INCREMENT TAX
REVENUES. The pledging of the Increment Tax Revenues in the manner provided
herein shall not be subject to repeal, modification or impairment by any subsequent
ordinance, resolution, agreement or other proceedings of the Agency or the County. The
Agency covenants to do all things necessary or required on its part by the Act, or other
applicable provisions of the law, to maintain the levy, collection and receipt of the
Increment Tax Revenues. The Agency shall exercise all legally available remedies to
enforce such levy, collection and receipt now or hereafter available under law. The
Agency agrees not to cause or allow the boundaries of the Community Redevelopment
Area to be decreased or the Agency to cease to exist without the prior written consent of
the Bank.
SECTION 2.08. ISSUANCE OF ADDITIONAL INDEBTEDNESS. No
additional Agency Debt may be issued that is payable on a senior basis to the Series 2017
Note without the prior written consent of the Bank. No additional Agency Debt payable
on parity with the Series 2017 Note shall be issued except upon the conditions and in the
manner herein provided. No such parity Agency Debt shall be issued unless the
following conditions are complied with:
(A) The Secretary shall certify that the amount of Increment Tax Revenues plus
Non-Ad Valorem Revenues plus Transfers In minus Operating Expenses for the Fiscal
Year immediately preceding the issuance of said additional Agency Debt were equal to at
least 150% of the Maximum Annual Debt Service of the Series 2017 Note, any other
outstanding parity Agency Debt and the additional Agency Debt then proposed to be
issued.
(B) For the purpose of determining the Maximum Annual Debt Service under
this Section 2.08, the interest rate on additional Agency Debt that is proposed to be issued
as variable rate Agency Debt shall be deemed to be the Bond Buyer Revenue Bond Index
most recently published prior to the sale date of such additional Agency Debt.
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(C) For the purpose of determining the Maximum Annual Debt Service under
this Section 2.08, the interest rate on outstanding variable rate Agency Debt shall be
deemed to be (i) if such variable rate Agency Debt has been outstanding for at least
12 months prior to the date of sale of such additional Agency Debt, the highest of(a) the
actual rate of interest borne by such variable rate Agency Debt on the date of sale, and
(b) the average interest rate borne by such variable rate Agency Debt during the 12-
month period preceding the date of sale, or (ii) if such variable rate Agency Debt has not
been outstanding for at least 12 months prior to the date of sale of such variable rate
Agency Debt, the higher of (a) the actual rate of interest borne by the variable rate
Agency Debt on the date of sale, and (b) the Bond Buyer Revenue Bond Index most
recently published prior to the sale of such variable rate Agency Debt.
(D) In the event any additional Agency Debt is issued for the purpose of
refunding any parity Agency Debt then outstanding, the conditions of Section 2.08(A)
shall not apply, provided that the issuance of such additional Agency Debt shall result in
a reduction of the Annual Debt Service in each year.
SECTION 2.09. DEBT SERVICE COVERAGE RATIO. The Agency
agrees to maintain a Debt Service Coverage Ratio of 1.15, so long as the Series 2017
Note is outstanding hereunder.
SECTION 2.10. DEBT SERVICE RESERVE FUND. The Agency shall
establish and maintain with the Bank so long as the Series 2017 Note is outstanding a
separate fund to be known as the "Debt Service Reserve Fund — Series 2017 Note."
Moneys on deposit in the Debt Service Reserve Fund shall be used only to pay the
Annual Debt Service on the Series 2017 Note to the extent the other Pledged Funds are
insufficient therefor.
Except as otherwise provided in this Section 2.10, moneys in the Debt Service
Reserve Fund are required to be maintained in an amount equal to the Reserve
Requirement. The investments in the Debt Service Reserve Fund shall be valued at their
market value annually as of September 30 of each Fiscal Year. If at the time of any
valuation the amount on deposit in the Debt Service Reserve Fund is less than the
Reserve Requirement as a result of a decline in the market value of investments in the
Debt Service Reserve Fund, the Agency shall deposit to the Debt Service Reserve Fund
from the Pledged Funds the amount necessary to restore the amount on deposit in the
Debt Service Reserve Fund to the Reserve Requirement within 120 days following the
date on which the Agency determines such deficiency. If the amount on deposit in the
Debt Service Reserve Fund is less than the Reserve Requirement as a result of the Debt
Service Reserve Fund having been drawn upon to pay any principal or interest on the
Series 2017 Note, the Agency shall deposit in the Debt Service Reserve Fund the amount
which was withdrawn within three (3) months.
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SECTION 2.11. PROVISION OF FINANCIAL INFORMATION. The
Agency will furnish to the Bank a copy of the Annual Audit, including financial
information concerning the Agency, and all standard statements for a Comprehensive
Annual Financial Report, prepared by a certified public accountant acceptable to the
Bank, within 210 days of the close of each Fiscal Year, which report shall show the
Increment Tax Revenues collected and Non-Ad Valorem Revenues for such Fiscal Year;
provided, however, if such Annual Audit is not complete within 210 days of the close of
any Fiscal Year, it will not be considered a breach of this covenant if the Agency shall
furnish the Bank a copy of its unaudited financial statements for such Fiscal Year within
210 days of the close of the Fiscal Year. The Agency shall provide the Bank with a copy
of the annual budget of the Agency each year within 30 days of the final adoption of such
budget. The Agency shall also provide the Bank with the most recent taxable assessed
value for the Community Redevelopment Area within 210 days of the close of each
Fiscal Year.
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ARTICLE III
DESCRIPTION OF SERIES 2017 NOTE; PAYMENT TERMS;
OPTIONAL PREPAYMENT
SECTION 3.01. DESCRIPTION OF THE SERIES 2017 NOTE. (A) The
Agency hereby authorizes the issuance and delivery of the Series 2017 Note to the Bank
which Note shall be in an amount equal to FIVE MILLION TWO HUNDRED NINETY-
THREE THOUSAND TWO HUNDRED NINETY-THREE AND 00/100 DOLLARS
($5,293,293.00) and shall be designated as the "Collier County Community
Redevelopment Agency Taxable Note (TD Bank, N.A.), Series 2017." The text of the
Series 2017 Note shall be substantially in the form attached hereto as Exhibit A, with
such omissions, insertions and variations as may be necessary and desirable to reflect the
particular terms of the Series 2017 Note. The provisions of the form of the Series 2017
Note are hereby incorporated in this Agreement.
(B) The Series 2017 Note shall be dated the date of its delivery. The
Series 2017 Note shall be executed in the name of the Agency by the manual signature of
the Chairman and attested by the manual signature of the Secretary. In case any one or
more of the officers, who shall have signed the Series 2017 Note, shall cease to be such
officer of the Agency before the Series 2017 Note so signed shall have been actually
delivered, such Series 2017 Note may nevertheless be delivered as herein provided and
may be issued as if the person who signed such Series 2017 Note had not ceased to hold
such office.
(C) The Series 2017 Note shall bear interest from its date of issuance at the
Interest Rate (calculated on the basis of a 360-day year consisting of twelve 30-day
months). Interest on the Series 2017 Note shall be payable on the first day of each
month, commencing April 1, 2017 (each an "Interest Payment Date") so long as any
amount under the Series 2017 Note remains outstanding. Principal of the Series 2017
Note shall be payable on the first day of each month, commencing April 1, 2017 (each a
"Principal Payment Date"), through and including the Final Maturity Date. The full
outstanding principal balance of the Series 2017 Note shall become due and payable on
the Final Maturity Date. The scheduled principal payments shall be set forth in the
Series 2017 Note.
(D) All payments of principal of and interest on the Series 2017 Note shall be
payable in any coin or currency of the United States which, at the time of payment, is
legal tender for the payment of public and private debts and shall be made to the Bank by
automated debit or in such other manner as the Agency and the Bank shall agree upon in
writing. If any Interest Payment Date or Principal Payment Date is not a Business Day,
the corresponding payment shall be due on the next succeeding Business Day.
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(E) The Agency agrees to pay any legal fees or out-of-pocket expenses of the
Bank associated with the issuance of the Series 2017 Note, which fees and expenses shall
not exceed $5,000.00. The Bank shall pay for all of its other costs relating to making and
servicing the term loan.
SECTION 3.02. OPTIONAL PREPAYMENT. The Series 2017 Note may
be prepaid at any time prior to the Final Maturity Date, at the option of the Agency, from
any moneys legally available therefor, upon notice as provided herein, in whole or in part
at any time or from time to time, without a prepayment premium, by paying to the Bank
all or a part of the principal amount of the Series 2017 Note to be prepaid, together with
the unpaid interest accrued on the amount of principal so prepaid to the date of such
prepayment.
Any prepayment shall be made on such date and in such principal amount as shall
be specified by the Agency in a written notice provided to the Bank not less than ten (10)
days prior thereto by first class mail. Notice having been given as aforesaid, the amount
of principal of the Series 2017 Note stated in such notice or the whole thereof, as the case
may be, shall become due and payable on the date of prepayment stated in such notice,
together with interest accrued and unpaid to the date of prepayment on the principal
amount then being paid. If on the date of prepayment moneys for the payment of the
principal amount to be prepaid on the Series 2017 Note, together with interest to the date
of prepayment on such principal amount shall have been paid to the Bank as above
provided, then from and after the date of prepayment, interest on such prepaid principal
amount of the Series 2017 Note shall cease to accrue. If said money shall not have been
so paid on the date of prepayment, such principal amount of the Series 2017 Note shall
continue to bear interest until payment thereof at the Interest Rate.
Any partial prepayments shall be allocated to the principal payment schedule as
directed by the Agency in its discretion. The Bank shall make appropriate notations in its
records indicating the amount and date of any such prepayment and shall promptly
transmit an acknowledgment to the Agency indicating the amount and date of such
prepayment and the revised principal payment schedule.
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ARTICLE IV
CONDITIONS FOR ISSUANCE OF THE SERIES 2017 NOTE
SECTION 4.01. CONDITIONS FOR ISSUANCE. (A) In connection with
the issuance of the Series 2017 Note, the Bank shall not be obligated to purchase the
Series 2017 Note pursuant to this Agreement unless at or prior to the issuance thereof the
Agency delivers to the Bank the following items in form and substance acceptable to the
Bank and Bond Counsel:
(i) An opinion of Bond Counsel in form and substance to the effect that
the Series 2017 Note has been duly authorized by the Agency and is an
enforceable obligation in accordance with its terms (enforceability of it may be
subject to standard bankruptcy exceptions and the like); and
(ii) Such additional certificates, opinions, instruments and other
documents as the Bank or Bond Counsel may deem necessary or appropriate.
(B) The Agency shall apply the proceeds of the Series 2017 Note, together with
other legally available moneys of the Agency, to pay the Prior Loan in full on the date of
issuance of the Series 2017 Note.
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ARTICLE V
EVENTS OF DEFAULT; REMEDIES
SECTION 5.01. EVENTS OF DEFAULT. An "Event of Default" shall be
deemed to have occurred under this Agreement if:
(A) The Agency shall fail to make timely payment of principal or interest then
due on the Series 2017 Note;
(B) Any representation or warranty of the Agency contained in Article II of this
Agreement or any certificate provided the Bank under Article IV shall prove to be untrue
in any material respect;
(C) Any covenant of the Agency contained in this Agreement shall be breached
or violated for a period of sixty (60) days after the Agency's notice of such breach or
violation, unless the Bank shall agree in writing, in its sole discretion, to an extension of
such time prior to its expiration;
(D) There shall occur the dissolution or liquidation of the Agency, or the filing
by the Agency of a voluntary petition in bankruptcy, or the commission by the Agency of
any act of bankruptcy, or adjudication of the Agency as a bankrupt, or assignment by the
Agency for the benefit of its creditors, or appointment of a receiver for the Agency, or the
entry by the Agency into an agreement of composition with its creditors, or the approval
by a court of competent jurisdiction of a petition applicable to the Agency in any
proceeding for its reorganization instituted under the provisions of the Federal
Bankruptcy Act, as amended, or under any similar act in any jurisdiction which may now
be in effect or hereafter amended.
(E) There is a final, non-appealable judgment rendered against the Agency in
an amount exceeding $3,000,000 that is not covered by insurance of the Agency or the
County.
SECTION 5.02. REMEDIES. If any event of default shall have occurred and
be continuing, the Bank or any trustee or receiver acting for the Bank may either at law or
in equity, by suit, action, mandamus or other proceedings in any court of competent
jurisdiction, protect and enforce any and all rights under the Laws of the State of Florida,
or granted and contained in this Agreement, and may enforce and compel the
performance of all duties required by this Agreement or by any applicable statutes to be
performed by the Agency or by any officer thereof. No remedy herein conferred upon or
reserved to the Bank is intended to be exclusive of any other remedy or remedies, and
each and every such remedy shall be cumulative, and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity or by statute.
Upon the occurrence of an Event of Default under Section 5.01(A) hereof that the
Agency does not cure within fifteen (15) days, the Bank shall have the right to declare the
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entire outstanding principal amount of the Series 2017 Note to be immediately due and
payable.
After the occurrence of an Event of Default under Section 5.01 hereof, the
Series 2017 Note shall bear interest at the Default Rate until such Event of Default is
cured. If any payment due to the Bank is more than fifteen (15) days overdue, the
Agency shall pay to the Bank a late charge of six percent (6%) of the amount overdue.
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ARTICLE VI
MISCELLANEOUS
SECTION 6.01. AMENDMENTS, CHANGES OR MODIFICATIONS TO
THE AGREEMENT. This Agreement shall not be amended, changed or modified
without the prior written consent of the Bank and the Agency.
SECTION 6.02. COUNTERPARTS. This Agreement may be executed in
any number of counterparts, each of which, when so executed and delivered, shall be an
original; but such counterparts shall together constitute but one and the same Agreement,
and, in making proof of this Agreement, it shall not be necessary to produce or account
for more than one such counterpart.
SECTION 6.03. SEVERABILITY. If any clause, provision or section of this
Agreement shall be held illegal or invalid by any court, the invalidity of such provisions
or sections shall not affect any other provisions or sections hereof, and this Agreement
shall be construed and enforced to the end that the transactions contemplated hereby be
effected and the obligations contemplated hereby be enforced, as if such illegal or invalid
clause, provision or section had not been contained herein.
SECTION 6.04. TERM OF AGREEMENT. This Agreement shall be in full
force and effect from the date hereof and shall continue in effect as long as the
Series 2017 Note is outstanding.
SECTION 6.05. NOTICE OF CHANGES IN FACT. Promptly after the
Agency becomes aware of the same, the Agency will notify the Bank of(a) any change in
any material fact or circumstance represented or warranted by the Agency in this
Agreement or in connection with the issuance of the Series 2017 Note, and (b) any
default or event which, with notice or lapse of time or both, could become a default under
the Agreement, specifying in each case the nature thereof and what action the Agency has
taken, is taking and/or proposed to take with respect thereto.
SECTION 6.06. NOTICES. Any notices or other communications required
or permitted hereunder shall be sufficiently given if delivered personally or sent
registered or certified mail, postage prepaid, to Collier County Community
Redevelopment Agency, Bayshore/Gateway Triangle Community Redevelopment Area,
3570 Bayshore Drive, Unit 102, Naples, Florida 34112, Attention: Chairman and the
Secretary, with a copy to County Manager, Collier County Government Complex, 3301
East Tamiami Trail, Building F, Naples, Florida 34112, and to the Bank, TD Bank, N.A.,
255 Alhambra Circle, 2nd Floor, Coral Gables, FL 33134, Attention: Delle Joseph, or at
such other address as shall be furnished in writing by any such party to the other, and
shall be deemed to have been given as of the date so delivered or deposited in the United
States mail.
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SECTION 6.07. APPLICABLE LAW. The substantive laws of the State of
Florida shall govern this Agreement.
SECTION 6.08. WAIVER OF JURY TRIAL. Each party waives, to the
fullest extent permitted by applicable law, any right it may have to a trial by jury in
respect of any proceedings relating to this Agreement.
SECTION 6.09. INCORPORATION BY REFERENCE. All of the terms
and obligations of the Resolution are hereby incorporated herein by reference as if said
Resolution was fully set forth in this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed as of the date first set forth herein.
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By:
Donna Fiala, Chairman
ATTEST:
By:
Secretary
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Legal Counsel
TD BANK, N.A.
By:
Title: Senior Vice President
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EXHIBIT A
FORM OF SERIES 2017 NOTE
UNITED STATES OF AMERICA
STATE OF FLORIDA
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY
TAXABLE NOTE (TD BANK, N.A.), SERIES 2017
Interest Final
Rate Date of Issuance Maturity Date
3.56% March 2, 2017 March 1, 2027
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY,
FLORIDA (the "Agency"), for value received, hereby promises to pay, solely from the
Pledged Funds described in the within mentioned Agreement, to the order of TD Bank,
N.A., or its successors or assigns (the "Bank"), the principal sum of FIVE MILLION
TWO HUNDRED NINETY-THREE THOUSAND TWO HUNDRED NINETY-THREE
AND 00/100 DOLLARS ($5,293,293.00) pursuant to that certain Loan Agreement by
and between the Bank and the Agency, dated as of March 2, 2017 (the "Agreement"), and
to pay interest on the outstanding principal amount hereof from the Date of Issuance set
forth above, or from the most recent date to which interest has been paid, at the Interest
Rate (as defined in the Agreement), on the first day of each month, commencing April 1,
2017 (each an "Interest Payment Date"), so long as any amount under this Note remains
outstanding; provided, however, if such Interest Payment Date is not a Business Day (as
defined in the Agreement), then such payment shall be due and payable on the next
succeeding Business Day. Principal of this Note shall be payable on the first day of each
month, commencing April 1, 2017, in the amounts set forth on Appendix I attached
hereto through the Final Maturity Date set forth above. The full outstanding principal
balance of this Note shall become due and payable on the Final Maturity Date. The
principal and interest on this Note is payable in any coin or currency of the United States
of America which, at the time of payment, is legal tender for the payment of public and
private debts.
This Note is issued under the authority of and in full compliance with the
Constitution and statutes of the State of Florida, including, particularly, Chapter 163,
Part III, Florida Statutes, Chapter 125, Florida Statutes, and other applicable provisions of
law, a resolution duly adopted by the Agency on February 28, 2017 (the "Resolution"), as
such Resolution may be amended and supplemented from time to time, and is subject to
all terms and conditions of the Resolution and the Agreement. Any term used in this
Note and not otherwise defined shall have the meaning ascribed to such term in the
Agreement.
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This Note is being issued to refinance the amount outstanding under an existing
loan agreement, as described in the Agreement.
This Note shall be secured by and payable from the Pledged Funds as described
and provided for in the Agreement. The Agency has irrevocably pledged the Pledged
Funds to the payment of the principal of and interest on this Note in accordance with the
provisions of the Agreement.
This Note shall bear interest at the Interest Rate identified above on the basis of a
360-day year consisting of twelve 30-day months.
Notwithstanding any provision in this Note to the contrary, in no event shall the
interest contracted for, charged or received in connection with this Note (including any
other costs or considerations that constitute interest under the laws of the State of Florida
which are contracted for, charged or received) exceed the maximum rate of interest
allowed under the State of Florida as presently in effect.
All payments made by the Agency hereon shall apply first to accrued interest, and
then to the principal amount then due on this Note.
The Agency may prepay this Note as a whole or in part, at any time or from time
to time, by paying to the Bank all or part of the outstanding principal amount thereof,
together with the unpaid interest accrued on the amount of principal so prepaid to the date
of such prepayment, without prepayment premium. Each prepayment of the Note shall
be made on such date and in such principal amount as shall be specified by the Agency in
a written notice delivered to the Bank not less than ten (10) days prior thereto, all in
accordance with the provisions of the Agreement. All of the prepayment provisions
contained in Section 3.02 of the Agreement shall apply with respect to this Note.
This Note, when delivered by the Agency pursuant to the terms of the Agreement
and the Resolution, shall not be or constitute an indebtedness of the Agency, Collier
County or of the State of Florida, within the meaning of any constitutional, statutory or
charter limitations of indebtedness, but shall be payable solely from the Pledged Funds,
as provided in the Agreement and the Resolution. The Bank shall never have the right to
compel the exercise of the ad valorem taxing power of the Agency or the State, or
taxation in any form of any property therein to pay the Note or the interest thereon.
All acts, conditions and things required to happen, exist and be performed
precedent to and in the issuance of this Note have happened, exist and have been
performed as so required.
IN WITNESS WHEREOF, the Agency caused this Note to be signed by the
manual signature of the Chairman of its Governing Body and attested by the manual
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signature of the Secretary to the Agency, and this Note to be dated the Date of Issuance
set forth above.
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By:
Donna Fiala, Chairman
ATTEST:
By:
Secretary
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Legal Counsel
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APPENDIX I
PRINCIPAL REPAYMENT SCHEDULE
Date Principal Amount Date Principal Amount Date Principal Amount
04/01/2017 $35,574 08/01/2020 $41,426 12/01/2023 $46,637
05/01/2017 36,906 09/01/2020 41,549 01/01/2024 46,776
06/01/2017 37,016 10/01/2020 41,672 02/01/2024 46,914
07/01/2017 37,126 11/01/2020 41,796 03/01/2024 47,054
08/01/2017 37,236 12/01/2020 41,920 04/01/2024 47,193
09/01/2017 37,346 01/01/2021 42,044 05/01/2024 47,333
10/01/2017 37,457 02/01/2021 42,169 06/01/2024 47,474
11/01/2017 37,568 03/01/2021 42,294 07/01/2024 47,615
12/01/2017 37,680 04/01/2021 42,420 08/01/2024 47,756
01/01/2018 37,791 05/01/2021 42,545 09/01/2024 47,897
02/01/2018 37,903 06/01/2021 42,672 10/01/2024 48,040
03/01/2018 38,016 07/01/2021 42,798 11/01/2024 48,182
04/01/2018 38,129 08/01/2021 42,925 12/01/2024 48,325
05/01/2018 38,242 09/01/2021 43,053 01/01/2025 48,468
06/01/2018 38,355 10/01/2021 43,180 02/01/2025 48,612
07/01/2018 38,469 11/01/2021 43,308 03/01/2025 48,756
08/01/2018 38,583 12/01/2021 43,437 04/01/2025 48,901
09/01/2018 38,698 01/01/2022 43,566 05/01/2025 49,046
10/01/2018 38,812 02/01/2022 43,695 06/01/2025 49,192
11/01/2018 38,928 03/01/2022 43,825 07/01/2025 49,338
12/01/2018 39,043 04/01/2022 43,955 08/01/2025 49,484
01/01/2019 39,159 05/01/2022 44,085 09/01/2025 49,631
02/01/2019 39,275 06/01/2022 44,216 10/01/2025 49,778
03/01/2019 39,392 07/01/2022 44,347 11/01/2025 49,926
04/01/2019 39,508 08/01/2022 44,478 12/01/2025 50,074
05/01/2019 39,626 09/01/2022 44,610 01/01/2026 50,222
06/01/2019 39,743 10/01/2022 44,743 02/01/2026 50,371
07/01/2019 39,861 11/01/2022 44,876 03/01/2026 50,521
08/01/2019 39,979 12/01/2022 45,009 04/01/2026 50,671
09/01/2019 40,098 01/01/2023 45,142 05/01/2026 50,821
10/01/2019 40,217 02/01/2023 45,276 06/01/2026 50,972
11/01/2019 40,336 03/01/2023 45,410 07/01/2026 51,123
12/01/2019 40,456 04/01/2023 45,545 08/01/2026 51,275
01/01/2020 40,576 05/01/2023 45,680 09/01/2026 51,427
02/01/2020 40,696 06/01/2023 45,816 10/01/2026 51,579
03/01/2020 40,817 07/01/2023 45,952 11/01/2026 51,732
04/01/2020 40,938 08/01/2023 46,088 12/01/2026 51,886
05/01/2020 41,060 09/01/2023 46,225 01/01/2027 52,040
06/01/2020 41,181 10/01/2023 46,362 02/01/2027 52,194
07/01/2020 41,304 11/01/2023 46,499 03/01/2027 52,349
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