Backup Documents 03/10/2009 Item #16A 7
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO . 6 A 7.
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper, Atta(;h to original document. Original documents should be hand ddivered to the Board Oflicc. The completed rouling slip and originill
documents are to be forwarded to the Board Office only after the Bnard has taken action on the item)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion of the Chairman's signature, draw a line through routing lines # I through #4, comolete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Judy Puig, Operations Analyst CDES Administration <ffl 311l}O1
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval, Nonnally 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, including Sue Filson needs to contact statTfor additional or missing
infonnation. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
~c
atkrson
M rch 10 200Q
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Phone Number
Agenda Item Number
s~ - 572..-1
I~A l
I
Ves
(Initial)
N/A(Not
A licable)
Number of Original
60tuments Attached
A:P
tJA
A
I.
INSTRUCTIONS & CHECKLIST
Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, ;vith the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chainnan and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs arc placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents arc time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions arc nullified. Be aw e of our deadlines'
The document was approved by the BCe on 0 a (enter date) and all changes
made during the meeting have been incorporated m the attached document, The
Count Attorne 's Office has reviewed the chan es, if a licable.
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2.
3.
4.
5.
6.
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I: Fonns/ County Fomlsl Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
Retn:
CLIRK TO THI BOARD
IMTIROPPICI 4TH PLOOR
IIT8Ul
4270637 OR: 4434 PG: 2215
RICORDID in the OPPICIAL RICORDS of COLLIIR COUNTY, PL
03/12/2009 at 09:01AM DWIGHT I. BROCK, CLIRK
RIC PHI
coms
35.50
4.00
AMENDMENT TO AGREEMENT
FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES
FOR MULTI-FAMILY AFFORDABLE HOUSING
16A?
This Amendment to the Agreement for the deferral of 100% of impact fees entered into
onMarrh lot\') ,2009, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as the "County" and
Brittany Bay Partners, Ltd., hereinafter referred to as the "Owner," collectively stated as the
"Parties. "
Recitals:
WHEREAS, Collier County provides for the deferral of impact fees for certain
qualifying affordable, multi-family rental units, in accordance with Chapter 74 of the Collier
County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee
Ordinance; and
WHEREAS, on August 3, 2001, the County and the Owner entered into an Agreement
for the deferral of 100% of the impact fees in the amount of $1,048,518.88, for the project
known as Brittany Bay Apartments Phase I, which Agreement is recorded in OR Book 2870,
Page 1348 of the Official Records of Collier County (hereinafter referred to as the "Deferral
Agreement"); and
WHEREAS, this sum was reduced to reflect the amount that was actually due upon the
issuance of building permits to $1,048,518.88 by memo dated August 22,2001; and
WHEREAS, pursuant to the Deferral Agreement, the $1,048,518.88 in deferred impact
fees became due and payable on September 5, 2007; and
WHEREAS, on October 28, 2008, during a regular meeting of the Board of County
Commissioners, the County agreed to extend the payment date for a portion of the amount past
due to September 5, 2011, provided that the Owner consent to the following conditions:
I. The Owner pay the County 60% of the full amount deferred ($629,111.33), following
which the balance of$419,407.55 would be due and payable on September 5, 2011.
2. Interest in the amount of 5% per year will be applied over the four year extension;
and
WHEREAS, on December 12, 2008, payment III the amount of $629,111.33 was
remitted to the County by the Owner.
)
Page 1 of 4
OR: 4434 PG: 2216
16A?
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties agree as follows:
I. The foregoing Recitals are true and correct and are incorporated by reference herein.
2. Owner will pay County the remaining Impact Fee due of $419,407.55, together with
simple, non-compounded interest calculated at a rate of 5% per year until paid in full, with
interest commencing on September 5, 2007. Should Owner not pay all sums due hereunder by
September 11,2011, interest will then be owed in amount equal to the rate of interest payable on
judgments (Fl. Stat. Sec. 55.03), with such interest commencing September 12, 2011, and
calculated on a monthly, compounded basis. Owner may prepay the remaining balance owed
without penalty.
3. Except as amended, all other terms and conditions of the Deferral Agreement remain
in full force and effect. This Amendment and its provisions merge any prior agreements, if any,
between the parties with respect to the matters set forth in this Amendment.
4. This Amendment shall be recorded by the County, at the expense of the Owner, in the
Official Records of Collier County, Florida, within sixty (60) days after execution of this
Amendment by the County.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first above written.
(Remainder of Page Intentionally Left Blank, Signature Page to Follow)
j
Page 2 of 4
Attest:
DWIGHT ILIl~OCK, Clerk
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~)QIlatu". on i ,"
Appr 'l~d as. . or).n
and I '" ,.
J effre A. K zkow
Count Atto y
Signed, sealed and
delivered in the presence of:
Signature
Printed Name:SHERYL NORFLEET
~#~ ('-.-
Printed Name: ~/\-h\"J~L: \~, .d.<j['.
STATE OF FLORIDA
ORANGE COUNTY
OR: 4434 PG: 2217
BOARD OF COUNTY COMMISSIONERS 16 A 7
COLLIER C TY, FLORIDA
~4-~
AS TO BRITTANY BAY PARTNERS, LTD.,
a Florida Limited Partnership
By: CED Capital Holdings 2000 Y, L. L. C.,
a FL limited liability company, its general
partner
By:
The foregoing instrument was acknowledged before me this 4th day of February, 2009,
by Jay P. Brock, Manager of CED Capital Holdings 2000 Y the general partner of Brittany Bay
Partners, Ltd., who is personally known to me.
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Printed Name:
My Commission Expires:
Page 3 of 4
J
*** OR: 4434 PG: 2218 ***
EXHIBIT "A"
Balance of Impact Fees and Applicable Interest per Year
16A7
Beginning Balance:
$419,407.55
Year 1 Interest:
(September 5, 2007 through
September 5, 2008)
$ 20,970.38
Year 2 Interest:
(September 6, 2008 through
September 5, 2009)
$ 20,970.38
Year 3 Interest:
(September 6, 2009 through
September 5,2010)
$ 20,970.38
Year 4 Interest:
(September 6, 2010 through
September 5, 2011)
$ 20,970.38
Total Due at Conclusion
of Deferral Term
(September 5, 2011)
$503,289.07
Interest on any prepayment shall be calculated by multiplying the rate of 5% by the number of
days following September 5th of the payment year, divided by 365, then multiplying this product
by $419,407.55, then adding all interest generated by the prior years.
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