Agenda 04/24/2012 Item #16C34/24/2012 Item 16.C.3.
EXECUTIVE SUMMARY
Recommendation to approve the Satisfaction and Release of Resolution 09 -52, also known as the
Payment Plan Agreement and Lien Agreement between Tamiami Square of Naples, LLC and the
Collier County Water -Sewer District.
OBJECTIVE: Provide evidence to the Board of County Commissioners (Board) that the payment terms
of Resolution 09 -52 have been fully satisfied.
CONSIDERATIONS: On March 10, 2009, as agenda item 16C2, the Board of County Commissioners
of Collier County, Florida, as the Governing Body of Collier County and as Ex- Officio the Governing
Board of the Collier County Water Sewer District of Collier County, Florida, entered into a payment
agreement with Tamiami Square of Naples, LLC (Developer) for $120,904.00, plus interest, in water and
wastewater impact fees to be collected by March 31, 2012, for Building 300.
SEE ATTACHED RESOLUTION 09 -52 EXHIBIT "A"
Timely payments were received in accordance with the payment schedule provided in Resolution 09 -52.
The final payment of $103,516.02 was received on March 8, 2012. Accordingly, the $120,904, plus
interest, has been received in full.
SEE ATTACHED FINAL PAYMENT RECEIPT EXHIBIT "B"
The County Attorney's Office has reviewed and approved the Satisfaction and Release of the payment
agreement.
SEE ATTACHED SATISFACTION AND RELEASE DCOUMENT EXHIBIT "C"
FISCAL IMPACT: Payment in full for this agreement increases the County's Water Impact Fee (Fund
411) and Sewer Impact Fee (Fund 413) by $120,904.00 plus interest over the last three years.
GROWTH MANAGEMENT: Impact Fees generate funds to be spent on capital improvements to
public facilities necessitated by growth. This is consistent with Objective 2 of the Capital Improvement
Element of the Collier County Growth Management Plan, which states "Future development will bear a
proportionate cost of facility improvements necessitated by growth."
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office, is legally sufficient for Board action and only requires a majority vote — JBW.
RECOMMENDATION: Approve the Satisfaction and Release of Resolution 09 -52, also known as the
Payment Plan Agreement and Lien Agreement between Tamiami Square of Naples, LLC (Developer) and
Collier County Water -Sewer District.
PREPARED BY: Gilbert Moncivaiz, Impact Fee Coordinator, Public Utilities Division
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4/24/2012 Item 16.C.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.3.
Item Summary: Recommendation to approve the Satisfaction and Release of Resolution
09 -52, also known as the Payment Plan Agreement and Lien Agreement between Tamiami
Square of Naples, LLC and the Collier County Water -Sewer District.
Meeting Date: 4/24/2012
Prepared By
Name: Gilbert Moncivaiz
Title: Impact Fee Coordinator,Utilities Finance Operation
3/29/2012 4:57:04 PM
Submitted by
Title: Impact Fee Coordinator,Utilities Finance Operation
Name: Gilbert Moncivaiz
3/29/2012 4:57:05 PM
Approved By
Name: HapkeMargie
Title: Operations Analyst, Public Utilities
Date: 3/30/2012 8:41:36 AM
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
Date: 3/30/2012 4:27:28 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 3/30/2012 4:41:03 PM
Name: YilmazGeorge
Title: Director - Wastewater,Wastewater
Date: 4/6/2012 6:50:36 PM
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4/24/2012 Item 16.C.3.
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 4/9/2012 8:43:33 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/12/2012 9:03:57 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 4/16/2012 1:51:58 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 4/17/2012 11:41:12 AM
Packet Page -887-
Retr.: 4273033 OR; 4436 PG; "�
4/24/2012 Item 16.C.3.
EXHIBIT ''A" CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER ........y MID o.uu
INTEROFFICE 4TH'FLOOR 03!19/2009 at 10:05AK DWIGHT E. BROCK, CLERK
BIT 7.140
RESOLUTION 09 - 5 2
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA DENYING TAMIAMI SQUARE
OF NAPLES, LLC'S APPEAL AND APPROVING STAFF'S
ALTERNATIVE 54PACT FEF- CALCULATION- PURSUANT TO
SECTION 74 -204 OF THE COLLIER COUNTY CODE OF LAWS
FOR PROPERTY LOCATED IN SECTION 9, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA;
PROVIDING FOR A PAYMENT PLAN AND LIEN AGREEMENT
AND PROVIDING FOR A LIEN.
WHEREAS, the Legislature of the State of Florida in Chapter 163, Florida Statutes has
conferred on Collier County the power to establish growth management legislation which requires
local governments to plan for and provide for capital infrastructure facilities and services for the
protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Consolidated Impact Fee Ordinance
(Ordinance No. 2001 -13, as amended), codified as Chapter 74 of the Code of Laws and Ordinances),
which provides for the collection for impact fees to provide a source of revenue to fund the
construction or improvement of capital infrastructure facilities; and
WHEREAS, the Consolidated Impact Fee Ordinance and Agreement Regarding Alternative
Impact Fee Calculation provide a procedural mechanism for an alternative impact fee calculation to be
considered by the Board of County Commissioners (Board); and
WHEREAS, consistent with the alternative impact fee process, the Board has held a public
hearing, and after providing Tamiami Square of Naples, LLC (Petitioner) with notice, has considered
the alternative impact fee calculations provided by Petitioner and by Staff; and
WHEREAS, the Board has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by the Consolidated Impact
Fee Ordinance and Agreement Regarding Alternative Impact Fee Calculation; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board in a
public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
1. The Appeal of Letter Dated August 29, 2008 from Mr. Thomas G. Wides, Operations
Director, Public Utilities, Collier County Water -Sewer District and Request for Alternative Impact Fee
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EXHIBIT "A"
4/24/2012 Item 16.C.3.
Calculation Based on Petitioners Impact Fee Study (Appeal) filed by Doug A. Lewis, Esq., of Roetzel
& Andress for Tamiami Square, LLC, with respect to the property described in Exhibit A, attached
hereto and incorporated by reference herein, is hereby denied for the reasons set forth in the record and
that Staff's alternative impact fee calculation of $120,904.00 is approved.
The Board hereby approves the following settlement terms of this dispute:
a) Petitioner shall make payment of $120,904.00 under the terns as stipulated by
Petitioner in the Payment Plan and Lien Agreement, Exhibit B, attached hereto.
b) In consideration of the above, Petitioner hereby waives all existing or future
claims, rights, positions or defenses that Petitioner may have to challenge or appeal the alternative
impact fee process and alternative impact fee calculation approved by the Board pursuant to this
Resolution.
BE IT FURTHER RESOLVED that this Resolution be ' recorded in the minutes of this Board
and also in the Official Records of Collier County.
This Resolution adopted after motion, second and majority vote.
Done this anti day of a r '2009.
BOARD OF C LINTY COMMISSIONERS OF COLLIER
DWTT E: BROC`,,CLERK COUNTY, rA,
ti � By: -a.v
#.lit et tg s DONNA FIALA, CHAIRMAN
A pro .6 IR
and legal
7r„
Sufficiencv in
Scott R. Teach
Deputy County Attorney
Attachments: Exhibit A: Legal Description
Exhibit B: Payment Plan and Lien Agreement
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EXHIBIT "A" 4/24/2012 Item 16.C.3.
OR; 4436 PG; 0740
EXHIBIT A
PROPERTY TAX IDENTIFICATION NUMBER: 76422000065
LEGAL DESCRIPTION:
- Building Site 300, Unit 306, TAMIAMI SQUARE, a Commercial Condominium according to the
Declaration of Condominium thereof, dated September 1, 2005, and recorded September 15, 2005, in
the Official Records Book 3891, Pages 1490 through 1570, inclusive, of the Public Records of Collier
County, Florida.
PROPERTY TAX IDENTIFICATION NUMBER: 00143080000
LEGAL DESCRIPTION:
That part of the North %2 of the Southeast %4 of the Southeast 1/4 of Section 9, Township 48 South,
Range 25 East, lying east of U.S. 41, Collier County, Florida and more particularly described as Phase
II and Phase III, Tamiami Square, a commercial land condominium in Official Records Book 3891,
Pages 1539 and 1540, both of the Public Records of Collier County, Florida.
PROPERTY TAX IDENTIFICATION NUMBER: 76422000049
LEGAL DESCRIPTION:
Unit 200, Tamiami Square, a Commercial Condominium, according to the Declaration of
Condominium thereof, dated September 1, 2005, and recorded September 15, 2005, in Official
Records Book 3891, Pages 1490 through 1570, inclusive, of the Public Records of Collier County,
Florida.
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EXHIBIT "A" 4/24/2012 Item 16.C.3.
OR; 4436 PG; 0741
EXHIBIT B
PAYMENT PLAN AGREEMENT AND LIEN AGREEMENT
BETWEEN
TAMIAMI SQUARE, LLC AND COLLIER COUNTY WATER -SEWER DISTRICT
This Agreement is made and entered into on March 10, 2009 by and between Tamiami Square
of Naples, LLC, a Florida limited liability company ( "Developer "), and the Collier County Board of
County Commissioners, Florida, ( "Board') as the Governing Body of Collier County and as Ex-
Officio the Governing Board of the Collier County Water -Sewer District ( "County"), collectively
known as (the "Parties ").
WHEREAS, on May 13, 2008, Agenda Item 16C3, the Parties entered into Agreement
Regarding Alternative Impact Fee Calculation ( "Agreement ") to allow the Developer to participate in
an alternative impact fee process regarding the amount of water and wastewater impact fees ( "Impact
Fees ") due and owing for an existing commercial development located on real property identified by
the following Collier County tax identification numbers: (i) 00143080000; (ii) 76422000065; and (iii)
76422000049 ( "Property "); and
WHEREAS, the Parties have participated in the alternative impact fee process and the Board
has approved Staff's alternative impact fee calculation for water and wastewater in the amount of
$120,904 which is consistent with the Collier County Consolidated Impact Fee Ordinance; and
WHEREAS, the Parties intend this Agreement to supersede, amend and replace in its entirety
-the Agreement Regarding Alternative Impact Fee Calculation, dated May 13, 2009.
NOW, THEREFORE, in consideration of the foregoing premises and the following promises,
the Parties agree as follows:
1. The foregoing recitals are true and correct and are hereby incorporated herein by reference.
2. Developer shall pay $120,904 in installment payments as provided for herein for outstanding
water and wastewater impact fees for Building Site 300, Unit 300 and future Unit 400 (Phase III), both
of TAMIAMI SQUARE, a Commercial Condominium according to the Declaration of Condominium
thereof, dated September 1, 2005, and recorded September 15, 2005, in the Official Records Book
3891, Pages 1490 through 1570, inclusive, of the Public Records of Collier County, Florida
(collectively hereinafter referred to as `Building 300 "). Payment will bring the total value of
equivalent residential connections ( "ERCs ") paid to 54.9 ERCs for Water and 32 ERCs for
Wastewater.
3. Installment payments shall include interest. A Payment Schedule is attached hereto. The
initial interest rate is 1% per annum. The Interest Rate will be adjusted annually (January 1) based on
the current Local Government Investment Pool (LGIP) 30 Day Rate. The interest calculation starting
1/1/2010, 1/1/2011 and 1/1/2012 is for estimated portrayal purposes. It will be adjusted based on
actual LGIP on January 1 of each year.
4. Should Developer fail to make any installment payment when due and only after the expiration
of ten (10) business days after Developer's receipt of written notice and opportunity to cure from the
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EXHIBIT "A"
( 4/24/2012 Item 16.C.3.
County, the: (i) County shall thereafter have the right at its option without additional notice to
Developer to declare the entire unpaid principal amount immediately due and payable, including
interest accrued, and immediately proceed with the recording of a lien against Building 300 (which lien
shall be coequal with the liens of all state, county, district and municipal taxes superior in dignity to
all other filed liens and claims until paid) and its collection rights and remedies, to include foreclosure;
and (ii) County Attorney.-is thereafter authorized by the Board to take. all- actions deemed.necessary, in.
his discretion, to pursue the unpaid principal amount and interest immediately due and payable,
including interest accrued without further Board action.
5. Should the Developer's default not be timely cured as required by Paragraph 4 of this
Agreement, the County is authorized to withhold every then unissued development order(s) applied for
by, on behalf of, the landowner or Developer, on the property described in Exhibit A. "Development
order" shall mean each item included in the definition of "development order" as defined in the
"Adequate Public Facilities Ordinance" or its successor in function.
6. For all units in Building 300, the Parties agree that payment for incremental water and
wastewater impact fees will be made to the County in the event of a change in size, fixtures, or type or
intensity of use only as required by the Consolidated Impact Fee Ordinance or any ordinance in
existence at the time of permitting that governs impact fees. As of the date hereof and apart from the
sums to be paid to the County hereunder, impact fees due and payable for all existing and prior uses of
Building 300 (as evidenced by either building permits or occupational licenses) have been paid in full.
7. This Agreement does not require a monitoring period, and the County will not monitor
Building 300 water and/or sewer flows.
8. The calculations for water and wastewater impact fees as required by the Consolidated Impact
Fee Ordinance or any successor ordinance in function for future Phase II (also known as future Unit
100) and Unit 200, both of Tamiami Square, a Commercial Condominium, according to the
Declaration of Condominium thereof, dated September 1, 2005, and recorded September 15, 2005, in
Official Records Book 3891, Pages 1490 through 1570, inclusive, of the Public Records of Collier
County, Florida are not part of this Agreement and shall be collected by the County from the respective
permitee at time of building permit issuance (or upon issuance of a certificate of occupancy if permits
have already been issued and have not expired), with no late fees or penalties.
9. The parties agree that 6.1 irrigation ERCs are included as part of the agreed 54.9 Water ERCs.
Other than customary installation fees charged by the County such as a tapping fee, no other fees are to
be paid to the County by the Petitioner for the irrigation meter installation on the property.
10. Developer agrees to waive all existing or future claims, rights, positions or defenses that Petitioner may
have to challenge or appeal the alternative impact fee process and alternative impact fee calculation approved by
the Board pursuant to Resolution and this Agreement.
11. If any court finds any part of this Agreement invalid or unenforceable, such invalidity or
unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the
Parties contained therein are not materially prejudiced and if the intentions of the Parties can continue
to be affected. To that end, this Agreement is declared severable.
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EXHIBIT "A"
, 4/24/2012 Item 16.C.3.
12. This Agreement and the provisions contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida, all then applicable provisions of the Florida
Administrative Code, and the then current Consolidated Impact Fee Ordinance and such other
governmental regulations as from time to time become effective, or their successors in function.
- 13_ - - This Agreement nips with the land- and shall be hixding upon the Parties, their- sueeessors ��-
assigns, and the County may record notice of the same in the Public Records of Collier County,
Florida.
14. This Agreement terminates any previous agreements between the County and Developer. This
Agreement constitutes the entire agreement between the Parties with respect to the subject matter
referenced herein. Any amendment hereto shall be in writing duly executed by the Parties hereto, or
their successors in interest to the Property.
IN WITNESS WHEREOF, the Parties have subscribed their hands and seals for the day and year
first above mentioned.
ATTEST:
DWIGHTA9 D , CLERK
I flaa we . 04,4 y
Approval as too fform/ and /legal Sufficiency:
C-� lK• �Ip -�u (� �-r
Jennifer B. White
Assistant County Attorney
DEVELOPER
Tamiami Square of Naples, LLC,
a Florida limited liability company
By:
Nat
Till
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY
AND AS EX- OFFICIO THE - GOVERNING
BOARD OF THE COLLIEk COUNTY
WATER -SEWER DISTRICT
By:
DO A FIALA, CHAIRMAN
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EXHIBIT "A"
PAYMENT SCHEDULE
Tamiami Square, LLC
Principal $3f0,904.00
Interest 1% per Year
Maturity 3 Years
4/24/2012 Item 16.C.3.
0.000833 per month
36 months
Payment #
Date
Principal
Interest *
Total
$ 120,904.00
1
4/1/2009
500.00
100.75
600.75
120,404.00
2
5/1/2009
500.00
100.34
600.34
119,904.00
3
6/1/2009
500.00
99.92
599.92
119,404.00
4
7/1/2009
500.00
99.50
599.50
118,904.00
5
8/1/2009
500.00
99.09
599.09
118,404.00
6
9/1/2009
500.00
98.67
598.67
117,904.00
7
10/1/2009
500.00
98.25
598.25
117,404.00
8
11/1/2009
500.00
97.84
597.84
116,904.00
9
12/1/2009
500.00
97.42
597.42
116,404.00
10
1/1/2010*
500.00
97.00
597.00
115,904.00
11
2/1/2010
500.00
96.59
596.59
115,404.00
12
3/1/2010
500.00
96.17
596.17
114,904.00
13
4/1/2010
500.00
95.75
595.75
114,404.00
14
5/l/2010
500.00
95.34
595.34
113,904.00
15
6/1/2010
500.00
94.92
594.92
113,404.00
16
7/1/2010
500.00
94.50
594.50
112,904.00
17
8/1/2010
500.00
94.09
594.09
112,404.00
18
9/1/2010
500.00
93.67
593.67
111,904.00
19
10/1/2010
500.00
93.25
593.25
111,404.00
20
11/1/2010
500.00
92.84
592.84
110,904.00
21
12/1/2010
500.00
92.42
592.42
110,404.00
22
1/1/2011*
500.00
92.00
592.00
109,904.00
23
2/1/2011
500.00
91.59
591.59
109,404.00
24
3/1/2011
500.00
91.17
591.17
108,904.00
25
4/1/2011
500.00
90.75
590.75
108,404.00
26
5/1/2011
500.00
90.34
590.34
107,904.00
27
6/1/2011
500.00
89.92
589.92
107,404.00
28
7/1/2011
500.00
89.50
589.50
106,904.00
29
8/1/2011
500.00
89.09
589.09
106,404.00
30
9/1/2011
500.00
88.67
588.67
105,904.00
31
10/1/2011
500.00
88.25
588.25
105,404.00
32
11 /1/2011
500.00
87.84
587.84
104,904.00
33
12/1/2011
500.00
87.42
587.42
104,404.00
34
1/1/2012*
500.00
87.00
587.00
103,904.00
35
2/1/2012
500.00
86.59
586.59
103,404.00
36
3/31/2012
103,404.00
86.17
103,490.17
Packet Page -894-
EXHIBIT "A"
4/24/2012 Item 16.C.3.
120,904.00 $ 3,364.62 $124,268.62
*Interest Rate will be adjusted annually (January 1) based on the
current Local Government Investment- Pool (LGIP } 30 Hay, Rate
The interest calculation starting 1/1/2010, 1/1/2011 and 1/1/2012
is for estimated portrayal purposes. It will be adjusted based on
actual LGIP on January I of each
year.
Packet Page -895-
EXHIBIT "B"
From: TAMIAMI SQUARE NAPLES LLC
LLC
14700 TAMIAMI TRAIL N. #8
NAPLES FL 34110
For:
Reference: 3569
T'otal�naun# $��3'1�''02
Corler L1i'tit
Board of County Commissioners
�.aan rtfn:nip�
4/24/2012 Item 16.C.3.
Domestic Check - Payment of Invoice 0090002944 Tamiami Square Naples, LLC $76,663.53
Domestic Check - Payment of Invoice 0090002944 $26,740.47
Domestic Check - Payment of Invoice 0090002944 $83.05
Domestic Check - Payment of Invoice 0090002944 $28.97
TOTAL $103,516.02
Cashier: Elizabeth Galliher
Printed on Thu Mar 08 2012 14:49:24 Printed by Elizabeth Galliher
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,
EXHIBIT "C"
4/24/2012 Item 16.C.3.
This Instrument Prepared By:
Jennifer B.White, Assistant County Attorney
Collier County Attorney's Office
3299 E. Tamiami Trail, Suite 800
Naples, FL 34112
(239) 252 -8400
SATISFACTION AND RELEASE
KNOW ALL MEN BY THESE PRESENTS: That on March 10, 2009, the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA adopted Resolution No
09 -52, and its accompanying Payment Plan Agreement and Lien Agreement creating
certain impact fee payment obligations.
Resolution No 09 -52 was recorded on March 18, 2009, in Official Records Book 4436,
Pages 738 -745, of Collier County, State of Florida. Resolution No 09 -52 pertains to
impact fees being owed for the principal sum of one hundred and twenty thousand, nine
hundred four dollars plus interest, and imposes certain obligations against real property
situated in Collier County, Florida, which property is described as follows:
SEE ATTACHMENT A
The Clerk of the Circuit Court is hereby directed to record this Satisfaction and Release
of payment obligation in the Official Records of Collier County, Florida, to acknowledge
that the payment obligations cease to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Satisfaction
and Release, by action of the Board on this day of
2012.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
0
Deputy Clerk
Approved as to form and legal sufficiency
Jennifer B. White
Assistant County Attorney
By:
Fred W. Coyle, Chairman
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EXHIBIT "C
ATTACHMENT A
PROPERTY TAX IDENTIFICATION NUMBER: 76422000065
LEGAL DESCRIPTION:
4/24/2012 Item 16.C.3.
Building Site 300, Unit 300, TAMIAMI SQUARE, a Commercial Condominium according
to the Declaration of Condominium thereof, dated September 1, 2005, and recorded
September 15, 2005, in the Official Records Book 3891, Pages 1490 through 1570,
inclusive, of the Public Records of Collier County, Florida.
PROPERTY TAX IDENTIFICATION NUMBER: 00143080000
LEGAL DESCRIPTION:
That part of the North '/z of the Southeast '/ of the Southeast % of Section 9, Township
48 South, Range 25 East, lying east of U.S. 41, Collier County, Florida and more
particularly described as Phase II and Phase III, Tamiami Square, a commercial land
condominium in Official Records Book 3891, Pages 1539 and 1540, both of the Public
Records of Collier County, Florida.
PROPERTY TAX IDENTIFICATION NUMBER: 76422000049
LEGAL DESCRIPTION:
Unit 200, Tamiami Square, a Commercial Condominium, according to the Declaration of
Condominium thereof, dated September 1, 2005, and recorded September 15, 2005, in
Official Records Book 3891, Pages 1490 through 1570, inclusive, of the Public Records
of Collier County, Florida.
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction and Release, acknowledges full satisfaction of Resolution No 09 -52, and its
accompanying Payment Plan Agreement and Lien Agreement and hereby cancels said
payment obligations.
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