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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