Agenda 10/25/2011 Item #16A11Agenda Changes
Board of County Commissioners Meeting
October 25, 2011
MOVE ITEM 16A11 TO ITEM 10G: RECOMMENDATION TO APPROVE
AND AUTHORIZE THE CHAIRMAN TO SIGN AN AMENDMENT TO THE
AGREEMENT FOR FEE PAYMENT ASSISTANCE, BETWEEN COLLIER
COUNTY AND LUCY SALON, INC., PROVIDING FOR THE REPAYMENT
OF FEE PAYMENT ASSISTANCE FUNDS OVER A FIVE -YEAR PERIOD.
(COMMISSIONER HILLER'S REQUEST)
Continue Item 16A1 to the November 8, 2011 BCC Meetine: Recommendation to award Bid #11 -5700 for
"Devonshire Boulevard Landscape & Irrigation Refurbishment Project" to Ameri -Pride Inc. in the amount
$267,214.37. Improvements will be funded by residents of Radio Road Beautification MSTU. (Staff request
concerning the vendor)
Continue Item 10C to the November 8, 2011 BCC Meetine: Recommendation to approve an Underground Facilities
Conversion Agreement with Florida Power & Light Company (FP &L) for "Phase One" of the Vanderbilt Beach
Municipal Service Taxing Unit (the 'MSTU') Utility Conversion Project as stipulated by Florida Public Service
Commission Tariff Section 6 and to approve payment to FP &L in the amount of $1,806,091 to cover the
construction cost for FP &L underground utility conversion
Move Item 16113 to Item 13115: Recommendation that the Board of County Commissioners approves the transfer of
administrative and management duties for the Immokalee Beautification Municipal Service Taxing Unit from
Growth Management staff to Immokalee Community Redevelopment Agency (CRA) staff to become effective
October 1, 2011; direct the Budget Office to discontinue the annual transfer of funds from the Immokalee
Beautification MSTU (Fund 162) to the MSTD General Fund (Fund 111), and that the Collier County Board of
County Commissioners, acting as Community Redevelopment Agency authorize creation of a Full Time Employee
position (MSTU Project Manager) for FY12; authorize Executive Director to advertise the position; hire a qualified
applicant; and approve necessary budget amendment. (Companion to 17B) (Commissioner Henning's request)
Move Item 16D2 to Item 10J: Recommendation to approve and authorize the Chairman to sign six (6) Subrecipient
Agreements for the Community Development Block Grant (CDBG) and Home Investment Partnership Program
(HOME) projects previously approved for Department of Housing and Urban Development (HUD) funding in the
2011 -2012 Action Plan approved by the Board on July 26, 2011 (Staff request related to moveing Item 16D4)
Move Item 16D4 to Item lOH: Recommendation to acknowledge receipt of entitlement funds from the U.S.
Department of Housing and Urban Development (HUD) for FY 2011 -2012 and approve the associated budget
amendments. Once received, HHVS will bring the entitlement agreements and certifications to the BCC for
signature. The entitlement funds include $2,114,463 for the Community Development Block Grant (CDBG),
$502,126 for the HOME Investment Partnerships Program (HOME), and $94,611 for the Emergency Shelter Grant
(ESG). (Commissioner Hiller's request)
Move Item 16D5 to Item 10I: Recommendation that the Board of County Commissioners approve a one -time
exception to the State Housing Initiatives Partnership (SHIP) 2006 -2009 Local Housing Assistance Plan (LHAP)
policy establishing first -time homebuyers as one of the requirements for down payment and closing cost assistance.
Approval of this exception will address and correct a monitoring concern issued for the SHIP Program.
(Commissioner Hiller's request)
Move Item 16F1 to Item 10F: Recommendation that the Board of County Commissioners review and approve the
proposed FY2011 -2012 Action Plan for Leo E. Ochs, Jr., County Manager. (Commissioner Hiller's request)
10/252011 Item 16A11.
MEMEMA".1,
Fero ®ueadetbe m approve oad oothodee the Cba4mra ro s� aft Amendment m Agremeot Par
Aeo Paymm[ AaMMana, betwme Coffer County not Lacy Saba, base, pror W fag for the repoymeot
of Fm Pq 90tAWMuttf overatiro-yearperodd.
OBEF. 31VE: Than the Foard of County Camniasimm (Bond) approves and auf Brim the
Chairman m sign an Ammdmdn to Agnsur em for Fm Payment AssiMnocn, betxun Collier
County and Lucy SdoR, ]un, providing for the repaytnmt of Fee Payment Assisavice thadh ova
afive- ymrperivi
CONSm°a FfONG The carent, adopted Fm Payment Mains= Paogmn, which is Article
B of Chapter 49 the Coffer County Code of Use and Udivunces (Code), provides for
assiMmrefor tee payma of impact feesm qudifyitrg businesses On Novauber29,2005,de
Bond approved an applimdm by Lacy Zun fpa ey Hair Salon (Lucy Salon, Inc., aka Laty
Hair Desip) to padchpMe in the Fm Payment AsaiMaace progran in orderen offset hapam foes
related to the Construction of a new hair salon in Tmmokalce, FL.. The applicant proposed to
aeate 5 tons, fall -fine jabs A 01' above 50% Of the Pmrete sector average wage ($16,367). The
aPpfioad sus also opposed for the lob Creation lovesmfa Program, but subsequently
withdrewad receivN vo fards undertlatPmgam.
Or Dcembn A 2006, a Fee Payment Assistance Ageanan was execmal betwear the Bound
ems and Lucy Ztniga in the amount of $18,527.78, which is seaad with afim on the property. The
lien is subordinate 10 the fast mortgage. Ms. Zurip received two armoons from the Ibad,
settled to the creation of the reyuird jobs, due to pnrwttin mvanclor and constrntiun delays
which mood the target 41112 fur the Creation of the five jobs b Isecember 31, 2009.
Ms. Ztmiga has creased the five new jobs; however, due to arguing economic diffrnotdes and
staffing issues, ML Zndge does not CurmNy mss, and o itl he enable m mean in the foreseeable
fumm,thcwagsaTm=m %oftlm Pmgammd Ag rot Thmfore,Webalanceofthe Fee
Payment Assistunc<Funds is now due m the County in the amount of $17,292.52. Ms. Zurnga
receives credit forme your Of Progreso compliaox.
Staff but spoken at langth with Ms Zmiga regaling this tssto and she has agreed thou she will
be able to repay the thuds aver a period offive yea by making 10 qual, bi11mual payments of
$1,72925, ammmencbng on Jmary 15, 2012, as sex forth in payment schedule in the atMcled
Amendment to Agreement.
Staff recd ®rods that this Aroemlmevt be approved as it provides a for the County
to recoup the auwmding Portion of AS inveshnmt while providing Ms. Zumga tent oppomulty
to mrmmm b opane her busiveas
FIKA?L1MPAM ImPact FM were paid on behalf of the applicant from funds spacifially
budgeted in the BCOOOmic Devetopman bdga of Fund 001. Therefore, paymema made under
this Meant Plan win also be retnnd m Fad 001.
Packet Page -1310.
10/25/2011 Item 16.A.11.
The above - described lien on the proper %v will remain in place until the payment plan is
completed. The Amendment provides Chet If the paymerrcs are not timely made, the entire
balance becomes immediately due and payable, and describes f amen remedies to enforce the
debt. Upon completion of the payment plan, staff will prepare a release of lien for Board
consideration and approval.
GROWTH p1ANAGEMENT IMPACT There is no growth management impact related to
this request.
LEGAL CONSIDERATIONS: The County Attorney prepared the proposed Amendment,
which Is legally sufficient for Board action and requires a majority vote for approval. -JAK
RECOMMENDATION: That the Boats of County Commissioners approves and authorizes
the Chairman to sip: an Amendment to Agreement for Fee Payment Assistance, beD een Collier
County and Lucy Salon, Inc., providing for the repayment of Fee Payment Assistance funds over
a five -year period.
Prepared by Amy Patterson, Impact Fee and Economic Development Manager
Growth Management Division — Planning and Regulation
Attachments:
1) Proposed Amendment to Agreement
2) Fee PeymentAssistance Agreement
Packet Page -1811-
10125/2011 Item 16.A.11.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.11.
Item Summary: Recommendation to approve and authorize the Chairman to sign an
Amendment to Agreement for Fee Payment Assistance, between Collier Cou fly and Lucy Salon,
Inc., providing for the repayment of Fee Payment Assistance funds over a five -year period.
Meaning Bate: 10/25/2011
Preferred By
Name: PanersoMmy
Title: Manager - Impact Fees &E C,Auaineea Management&
10/11/2011 2:4P.03 PM
Approved By
Name: Puig3udy
Title: Operations; Analyst, FOES
Date: 10/112011 44808 PM
Name: PedarNormaet
Title'. Administrator -Desert Management DIv,Transgmmi
Date'. 10/122011 10:2904 AM
Name: Marcelladcanoe
Title. Executive Secre ,Transportation Planning
Date 10/1220112:41:23 PM
Name'. Klavkawlcff
Tide: County Attorney,
Dete: 10/142011 11'.5118 AM
Name: IsackaoNNark
Title: Dlrerfor -Corp Financial and Myna Svs,CMO
Date 10/1]20118: 4900 AM
Name: OcoLeo
Title: County Mmuger
Date 10/1]2011944: 35 AM
Packet Page 1312
10/25/2011 Item 16.A.11.
Packet Page 1313
10/2512011 Item 16.A.11.
AMENDMENT TO AGREEMENT FOR
FEE PAYMENT ASSISTANCE PROGRAM
THIS AMENDMENT TO AGEEEMENf is ankred into Nis _ dry of _ 2011, by
awl betwxm Collier County, a foltYW subdivision of be Stmv of Florida, through it Board of
Cowry Commissioners. M1neinePet referred m an "COmty.� and Lucy Zmiga, individually and ns
anam eiud officer of Lucy Salm, Inc. hmdaafter tea mad m m "Owasr," colladvely smtd se Ne
"Panics."
RECITALS:
WFD:RBAS, ColBer Comfy ONiname No. 20034i1, the Collier County Fee Payment
A 'annote ONinan,, u sand and mdifiW as Chapw 49 of be Code of Lewa and
Ordinances of Collier County Florida, hereinaflec mfared ro as Ne "OrdinatFe," Provides for Fee
Payment Aseimmae for payment of impact fees to qualifying businesses; aml
WHEREAS, upon nPpo al of the Owner's application for a Fee Payment Assisrmce
pmgma, the Pnnia enteeed into an Agresmont fof be Fee Payment Ass octane Program, winch is ^
rimed I Isar 22, 2006. and ssomigo m Official Records Book 4159, Pages 0844 m Sy.,
hemirefler referred m as be "Ageement"
NOW, THEREFORE, in considemdm of Ne foregoing Recitals, and otbm good and
veivable eonsideemioq be mceipt and sWficiway of wbch is hereby muumlly aekoowledged, be
Partin agave as follower:
1. The foregoing Pmamis ate trot and varw aM we mocnpDtatW by reference heleim
2. Owner has met one yam of wmplanot under be Aigon mt However, due to
ongoing awtomic difficulties, Gwner has not met and will be Unable a meet in be fineseem ble
fame, be ongoing required employment obligation' of the Agaxmwt Ammefingly. be paNes
agree that be remaining balaeae of 517,292.52 in Fee Payment Ass smr<c Fmda ore now fully
due m be County.
3. Buse of be ongaing tnamb difBeattit, Owner has tequey%l, and Cowry has
a ®¢d, that Ne =payment of Ness funds may ba made in 10 equal mawual Paymems of
$1,729.25, commoating January 15, 2012, m set forb N the attach>d Payment Sclsomat
4. Owner agrees Nat if my Payment IS not timely made, be erne bamacc will become ^
yaBa I
Page -1314-
10/25/2011 Item 16.A.11.
immad atfly due and Paymle, with bested then aemoing on a daily basis from the date of defaWt
at the stmutmy tats of intertrt for fill judgmema. Should the entire balance not be Wen Peid, We
County will be entitled . to recove all fees and mats, including attorney's f , bunn d in
mfiming thin den-
5. Except m amended, all other terms and conditions of We December n, 2106
Agreement remain W Mi force and edeci ltus Amendme d end its provisiotu merge not Prim
agrcemema, if MY. b rl the Parties with respect to the matters set forth in this Ametdmmt.
6. This Amendment shell be rmorded by We County. at We expense of We County, in the
Official Records of Collier County, Florida, within sixty (60) days after execution "o Board.
REMAINDER OF DOCUMENT DVTENTIONALLT LEFT BLANK
SIGNATURE PAGE TO FOLLOW
FsBe2
10/25/2011 Item 16.A.11.
W WITNESS WIB:REOF, flat Penes pave ==W this Am<ndment to the Agreement
for Fee Payment Assistnoce Program, on We date and year Ern above wdnen.
ATTEST'.
DW!OWE. BROCK, CLERK
By:
Deputy Cleek
WITNES
Pr'tNV�e: ♦ /
t!
BOARD OF COUNTY COI^USSIONERS
OF COLLIER COUNTY, FLORIDA
By
FRED W. COYLE, CHAiHMAN
OWNER: Lucy Zumca erW Lucy Salon, Inc.
Br t�4
tdcy 2 6 both a individual capacity erW
ae P,esidem o£Lrcy geloq Inc.
STATE OF FLORB)A
COUNTYOF COLLIER
The foregoing Agreemwt wu acknowledged before Nis 211" day of
2011, by Lucy Z'd Wq individually and as g�uVthwo of Lucy Salon,
I c. w ie persormliy known to me or has produced f;. Gviu�[.ua._ as
prtwfof idm6ty.
amM+eaeros e?aaaa Stipainue of Pennon Taking Acknowledgment
rmmanmam corms
A to form and Recammmd Approval:
le
]e�' atow AmyP Ou
Cn rin TmPact Fee Admirdsrtanon
Fge3
Packet Page -1316-
10/25/2011 Item 16.A.11. a
Fameat �3 i
O giv Balmy S 18,520]8
Balance after one yea, comPliaoee c t S 17,292.52
Payment SchedWe: Ten Egaal Peymen+9 of$1729.25 bagb glamaa 15, 2012
Paymrnta due w or before the due date;
January 15, 2012
JWy 15, 2012
Jaomry 15, 2013
July 15, 2013
J® 15, 2014
My 15, 2014
1m 15, 2015
July 15, Nis
J� 15, 2016
July 15, 2016
S 1,72925
$ 1,729.25
$1,729.25
$ 1,729.25
S 1,729.25
S 1,729.25
$1,729.25
$1,729.25
51,729.25
$ I,n9.25
$0.02 balancebbcp d a fla Btul payment
P ¢c4
Packet Page
Beta: 3950436 OR: 4159 KIC/;;2011Item16.A.11.
cWBI to aR BOBW FAcoon is de aRICIR RBOUS of ta61_- - -- ., .- umM ).as
IBRBBttlo IBB BOOB 11122 /2006 it WORK DwTw B. BiMI, a$RI
IR $405
F'n'. by;
MrmYMdWUe Oupinorrcy
33Q1TYrMTNLu
N.p FL34111 rW prukrrvaly
AGREEMENT FOR FEE PAYMENT ASSISTANCE PROGRAM
This Agreanent for Fee Payment Assistance for the payment of Impact Fees is entered
into this 9giag day of ",A0 , 2006, by and behwcea Collier County, a polifi ®1
subdivision of the State of Florida, through its Board of County Commissioners, hereinafter
retorted to as "County," and Lucy Zuniga, DBA Lucy Him Design, hereinafter referred to as
"Owner;' collectively stated as the "Parties;'
RECITALS:
WHEREAS, Collier County 3 -61, the Collier County Fee Payment
Assistance Cmhnance, as it may b , an (/ to lime, codified in LTamer Q of
the Cade of Laws and Ordi of Collier County F 'des hereinafter reforest to as the
"Ordinance," Provides for F e a as ere f r pa net of impact fees to qualifying
businesses: end
WHEREAS, on Oct $" so 1_�n application to W considered
for the Fm Payment Assis roglam for a the construction of a 1,100
v
square -f t hair salon building application pro cream five new jobs in Collier
County by December 31, 200], at as a ` . W, which is equal to or Poster
than 50% of Collier Cowry's current private- r average wage. A copy of this application is
on file in the Impact Fee Administration Office of the Financial Administration not Housing
Department; and
WHEREAS, the County Manager, or his designee, reviewed the application and based on
the representations therein, found chat it complies wiN the requirements for fee assistance as
Outlined and set forth in the Ordinance, which application win approved by the Collier County
Board of County Commissioner at their November 29, 2005 regularly schedided meeting and
WHEREAS, based on the Ovmer's representations set fort in the Application and on
recommendation from staff, the Board of County Commissioners approved Fee Payment
Assistance Funds to a maximum of $21,078.00; and .
Packet Page -1318-
Oft; 41 10125/2011 item 1e.A.11.
WEEREA.B, the Ordinance requires that the Owner enter into an Agreement for Fee
^ Payment Assistance with the County; and
�S, pursuant to Section 49 -23 of the Ordinance, the County Manager is
umhOMtM w extreme tarot Impact Fee Payment Assistance Agreements; and
WHEREAS, by signing this Agreement, the County Manager will appmve impact fees
Payment assismnce for Me Owner to support of fiamcial relief for eligible industry derelopmmt
high wage employment Oppurmnt ms, lessening the SCumnal ceramic cycle, end eacoumging
mvesonrnt opportunities in the specified areas.
NOW, Tf[EREFORE, in consideration of the foregoing Baions, and other good and
valuable consideration, the receipt mid sufficiency, of which is hereby mutually acknowledged,
the parties agree as follows:
1. The foregoing Recitals , rat and are incorporated by reference
lareln. (L1 (I�
2. The legal descd it elopmmt (hC f� referred to as the "Pmpeny ")
is annched as Exhibit "A;' d i m ref \111}
^ 3. Owner repreu is d w ails Ih n record Of the Pro
V prt, ad
acknowledges that pursuun ba a nanq o �pnPact fees for Road, EMS,
Correctional Facilities, ve mment Buildi w recment end Fire, in me rata
amount of $18,527.78, as more pp�C tally se forth i Exhibit "B ;' inco sparred by
re &rence herein. �FT1"_'C'N.
4. 3Te amount of the impart fees paid by the Program will in all events become due
and payable and shall be immMia[ely re -paid to the County by the Owner if the Property is sold
Or transferred without prior wiittrn approval from the County at eery data after me first cmEeae
Of occupmcy has been issued for the development and prior to the 10 -year obligation period, or
From to the 1iyeaf Obligmmis Period for a project within an enterprise community, and the
impact fees must be Paid in full to the County. Any outstanding (i.e., as yet nee repent) impact
f amounts previously paid under this program will become due and payable and must then has
IMMOE ely repaid to the County in the event of sale m transfer prior m expiration of the
program obligation period If not so repaid, the obligation will be a lien On the pmpmy M set
forth below.
Packet Page 1319-
10/25/2011 Item 16.A.11.
vr. 1a4! IV. VV1V
5. The payment of impact fees via the Fee Payment Assistance Program will corutitute
a lim on the Property which lien may he foreclosed upon in the event of noncompliance with ^
the requiranmts of this Agreemml, or should any of the repaesenmdovs set forth in the
Application be nine or mfWCSlid. The amount specified in this Agreement will serve as the
amount of a lien against the Property. Neither me payment of impact fees am this Agreement
may he oar sfenel, assigned, crMited or otherwise conveyed without the poor written approval
from the County, which approval may be freely, withhold.
6. On Owner's request, and at me Countys sole option, the County's interest may be
subordinated to all first mortgages or other co-equal security interests. The County's interest
will automatically be subordinate to the Owners previously recmdd first mortgage andtor any
government funded affordable business loan such as the U.S. Small Business Administration
(SBA) or the U.S. Department of Amicultyrc$ISBAl loan.
7. By way of example a tent _ , ' Agreement will be in substantial
breach upon the following ev, an chavge in the sta o
�s a occupancy. type ofbusiness
conducted, or compliance 'th e is of the P as set forth in either the j
Ordinance ce or this Agreem t; n ing informed of a material
misiryresenmfion in the y x the 15 -yam tern of this
Agreement following the fs -ficate of occu be n for the Property, in which
the Property does not have afn jobs in Collier tt(y� t an average wage of a least
$2l,aoo.o0. Og %N.0
8. Upon the County's request, ill provide all documentation required to
verify compliance with the terns of the Program, Ordinance, or this Agreement. In the event the
Owner is in default under this Agreanert, and the default is not cord within 30 days after
written notice is provided to the Owner, the County may bring a civil action to eNbree this
Agreement or declare Nat program's payment of the impact fees not yet recouped not previously
paid order this program are Nam immediately due and payable. The County is enftld to
recover all fees and costs, including attorneys fees and costa, uncured by the County in
enforcing this Agreement, plus interest at the then maximum memory rate for final judgments,
calculated on a calendar day basis until paid.
9. This Ageemmt will expire 15 years after the first cenificffie of occupancy bas been
issued for the Property. Following this expiation, and upon satisfactory completion of all ^
Packet Page -1320.
OR 10/25/2011 Item 16.A.11.
^ requiremmLa of this Agreement, at Owner's request and sole expense, the County will record any
necessary documentation evidencing same, including, but not limited m, a mleme of Jim. The
lien will not terminate except upon the recording of a release or satisfaction of lien in the public
records bfCollim County.
10. This Agreement will be raordN in me olficid records of Collier County at
Owner's able expense.
It As a prerequisite to the issuance of the Building Permits) for the development of
the Property, a wpy of this Agreement may he required to be presented to the County in order
for the allocated Fee Paymmt Assistance funds to act as payment of impact fees, which would
otherwise be required to be paid by the Owner.
IN WITNESS WHEREOF, the Parties have executM this Agreement on flew date and
STATE OF FLORIDA)
COUNTY OF COLLIER)
a��foregoing Agreement was acknowledged before me tuts � day of
-VLF, 2006, by LUCY ZUNIGA, owner of Lucy Hair Design, who is 2M2j lly
known to me or has produced as proof of
dmtiry.
[NOTARIAL SEAL] za
r _ Bi�atwe of Person Taking ACkrowlmemmt
Packet Page 1321-
10125/2011 Item 16.A.11.
COLLAR COUNTY, FL MA
By, C�
1MgES V. MUDD, COUNTY MANAGER
STATE OF FLORmA)
COUNTY OF COLLIFIO
Uj r�irt Cr�,2006, b g oV. Mudd, County Manager, amore me this 2 y, w of
y y ger, on behalf of tee County, who is
personally known to me.
[NOTARIAL SEALI Signature of Person Taking AcknowieLgnwnt
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OR: 10/25/2011 Item 16.A.11.
EXHIBIT ..A"
OWNERSHIP
ADDRESS
LEGAL DESCRIPTION
Lucy Ha Onigu
115 N. 10 Street, Ia Gkaleec FL 34142
Pareel ID: 81681680101; FRED WHIDDENS BLK 4, LOT 6
Parcel ID: 9168168020g; FRED WHIDDENS BILK 4, LOT
Packet Page -1323-
EXRMPP`B"
IMPACT FEE BREAKDOWN
Tvae of Imoaet Fee
A. Road Impact Fee
B. Emergency Medical Services Impact Fee
C. Correctional Facilities Impact Fee
D. General Government Building Impact Fee
E. law Enforcement Impact Fee
F. Fire Impact Fee
TOTALIMPACTF
Packet Page 1324-
i 10/2512011 Item 16.A.11.
Amount Owed
815,348.30
S258.17
$620.73
$1,36290
5558.80
S378.98
$18J27.78