Backup Documents 07/09/2019 Item #16F 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP l
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 F 4
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#I 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 JAK 7/9/19
4. BCC Office Board of County Ill
Commissioners 731
5. Minutes and Records
Clerk of Court's Office
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 Amy Patterson,Impact Fees and Phone Number 252-5721
Contact/Department Program anagement Division
Agenda Date Item was 7/9/19 Agenda Item Number 16-F-4
Approved by the BCC
Type of Document Payment Agreement—Celebration Park and Number of Original One
Attached Naples 2.0 Documents Attached
PO number or account
number if document is 107-138920-649030
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 STAMP OK JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
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 JAK
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 JAK
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 JAK
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 JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this JAK
routing slip should be provided to the County Attorney Office at the time the item is
input into MinuteTraq. Some documents are time sensitive and require forwarding
to Tallahassee within a certain time frame or the BCC's actions are nullified. Be
aware of your deadlines!
8. The document was approved by the BCC on 7/9/19 and all changes made during the JAK N/A is not
meeting have been incorporated in the attached document. The County Attorney's an option for
Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by t 1k is not
BCC,all changes directed by the BCC have been made,and the document is ready fo th n tion for
Chairman's signature. this hie.
[04-COA-01081/1344830/1]1: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
16 F 4
PAYMENT AGREEMENT
1
THIS AGREEMENT is made and entered into this day of jug _l 2019, by and
between Celebration Park, LLC, a Florida limited liability company and Naples 2.0, LLC, a Florida
limited liability company ( collectively hereinafter referred to as "Obligor") and Collier County, a
Subdivision of the State of Florida(hereinafter"Collier County").
RECITALS
WHEREAS, Obligor acknowledges that they owe impact fees in the amount of$43,320.41 for
the property located at 2880 Becca Avenue, Naples, Florida 34112 (hereinafter referred to as the
"Property"); and
WHEREAS, Obligor has requested that payment be made over three years, under the terms and
conditions set forth below,which County has agreed to.
NOW, THEREFORE, in consideration thereof, Collier County and Obligor agree as follows:
1. Obligor admits and agrees that the impact fee amount they owe to Collier County is
$43,320.41, and accordingly Obligor waives any right to pursue any legal action(s) to challenge the
amount,or the legality, of the impact fees.
2. Obligor agrees to have the total impact fee amount of$43,320.41 paid off through three
payments as follows:
a. Payment 1: Due Date: August 1,2019 Amount: $14,440.14
b. Payment 2: Due Date: August 1, 2020 Amount: $14,440.14
c. Payment 3: Due Date: August 1, 2021 Amount: $14,440.13
3. If the due date falls on a weekend or holiday, then the payment shall be made on the
following business day.
4. Payments will be made by check or money order, payable to Collier County Board of
County Commissioners and sent to 2800 North Horseshoe Drive, Naples, Florida, 34104 Attn.: Amy
Patterson.
5. Obligor further agrees, that should they miss making any payment, Obligor will have ten
(10) days to cure such a default by making the payment, failing which Obligor will be in material breach
of this Agreement.
6. Should Obligor breach this Agreement, then Obligor agrees that the County may
accelerate all the remaining payments due hereunder,charge the prevailing legal interest, if applicable, for
the balance due until paid and agrees to enter into a consent judgment agree to the outstanding amount of
the impact fee and legal interest if applicable, as calculated by Collier County. In such a case, Obligor
agrees to also be liable for all costs of filing the judgment and reasonable attorney's fees incurred by the
County to enforce this agreement and to have these amounts also included in the consent judgment total
owed by Obligor to Collier County.
7. All Notices to be given to Obligor shall be made via U.S. Mail to the last known address
provided to the County in writing by Obligor. Obligor's current mailing address is:
INSTR 5741477 OR 5653 PG 2943
RECORDED 7/19/2019 11:17 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$27.00
16F4
Celebration Park,LLC
c/o Rebecca Maddox,Manager
1350 Jewel Box Ave.
Naples, Florida 34102
With a copy to:
Michael G. Moore
Holmes Fraser PA
711 5th Ave. S, Ste. 200
Naples, Florida 34102
8. This Agreement shall be governed by the laws of the State of Florida and shall be deemed
to be made and performed in Collier County,Florida.
9. This Agreement shall remain in full force and effect unless and until terminated by
Collier County. This Agreement may be recorded in the Collier County Public Records and if so shall
constitute a lien on the Property.
10. Obligor agrees that they have had the opportunity to review this Agreement with an
attorney of their choosing or has knowingly and willingly waived that right.
11. This Agreement constitutes the entire agreement between the parties with respect
to the activities noted herein and supersedes and takes the place of any and all previous
agreements entered into between the parties hereto relating to the transactions contemplated
herein. All prior representations, undertakings, and agreements by or between the parties hereto
with respect to the subject matter of this Agreement are merged into, and expressed in, this
Agreement, and any and all prior representations, undertakings, and agreements by and between
such parties with respect thereto hereby are canceled.
12. This Agreement may only be modified in writing and with the same formalities as this
agreement, including but not limited to,being signed by both parties.
N WITNESS WHEREOF, the parties have executed this Agreement by their below
designated representatives.
DATE: 1,715—2.019 BOARD OF COUNTY COMMISSIONERS
,t,,4"`"" OF COLLIER ' ' . •-- , LORIDA
ATTEST: , ' -> ,
CRYSTAL'K. INZEL, GI,,ERK C�/ c. Abr.
,, ,I .
....P-
By: �` '•� 'i /lliam L. McDaniel Jr. Chairman
0
Attest t0 `,C�ltrk
App .'t d legality:
tit
if
1•
Jeffrey A. ''.t +w, County Attorney
2
16F4
OBLIGOR
CELEBRATION PARK, LLC,
A Florida lim. ility company
By;/ C' G
L- kebecca Maddox, Manager
NAPLES 2.0, LLC,
A Florida li p' a ''ability company
741
By
ebecca Maddox, Manager
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing ABement was acknowledged and executed before me on this - ` day of
Ane_, 2019, by Rebecca Rebecca iawho is personally known or has produced
)itAleXS Li CAline as identification. �—
•
NN W-101 r all eir
Print Name
Commissioner Expires:
$ Notary Public State of Florida
Nikki Bruner
•
Commission GG 247023
Expires 08/09/2022
3