Audit Report 2014-2 Advanced Medical CenterPrepared by: Dale W. Phillips, Internal Audit Manager
Patrick Blaney, Senior Internal Auditor
Report Distribution: Board of County Commissioners
Leo Ochs, Jr., County Manager
Amy Patterson, Manager, Impact Fee & Economic Development
Jeff Klatzkow, County Attorney
Mark Isaacson, Office of Management and Budget (OMB) Director
Cc: Dwight E. Brock, Clerk of the Circuit Court
Crystal K. Kinzel, Director of Finance & Accounting
Table of Contents
SUMMARY............................................................................................................. ..............................2
OBJECTIVE............................................................................................................ ..............................2
SCOPE..................................................................................................................... ..............................2
BACKGROUND..................................................................................................... ..............................3
OBSERVATIONS, RECOMMENDATIONS & MANAGEMENT RESPONSE . ..............................4
CONCLUSION........................................................................................................ ..............................7
EXHIBITA — APPLICATION ............................................................................... ..............................8
EXHIBITB — AGREEMENT ................................................................................ .............................20
EXHIBIT C — REIMBURSEMENT REQUEST .................................................... .............................27
Workpapers supporting the observations noted within this report are public record and can be made available
upon request once the final audit report has been issued. The files and draft versions of audit reports remain
confidential and protected from public records requests during an active audit under Nicolai v. Baldwin
28, 1998 DCA of FL, 5'I' District) and Section 119.0713, Florida Statutes.
1
Internal Audit provided draft Audit Report 2014 -2 to the Impact Fee Manager and to the County Attorney's Office
for management response on January 23, 2014. Management and the County Attorney reviewed the draft and the
County Attorney carried forward an agenda item for Board of County Commissioner's consideration — see summary
Agenda item 17K2 for February 11 h 2014 meeting of the Board of County Commissioners.
Internal Audit's examination identified the following apparent contract violations of the Fee Payment Assistance
Agreement between Advanced Medical Center and the Board of County Commissioners.
• Advanced Medical Center, LLC, was not the real property owner when it entered into the Fee Payment
Assistance Agreement with the County.
• Ownership of the real property was transferred in a foreclosure proceeding to Capital One Bank without prior
written approval of the County or repayment of the $412,416 Fee Payment Assistance; the County's lien on the
property did not trigger repayment of the Fee Payment Assistance upon the Foreclosure sale.
• The assets and business activities of Advanced Medical Center, LLC, were transferred to Advance Medical of
Naples, LLC, without prior written approval from the County or repayment of the $412,416 Fee Payment
Assistance.
• Advanced Medical Center, LLC, may have breached the terms of its Fee Payment Assistance Agreement with
the County.
• Advanced Medical is now subject of an eviction procedure from the building it claimed to own in the contract
with the County.
• Advanced Medical Center, LLC, included two highly paid positions in its 2009 and 2010 Jobs Created Lists
who were tenants of the building, not employees of Advanced Medical Center, LLC.
• Late payment of real property taxes was an apparent violation of the Fee Payment Assistance Agreement.
The objective of the engagement was to determine whether Advanced Medical Center, LLC, remained eligible for
participation in the Fee Payment Assistance Program.
This engagement consisted of validating jobs created and their wages, including, but not limited to, the following:
• Reviewing section 125.045, Florida Statutes;
• Reviewing Collier County Ordinances 2003 -61, 2004 -24, 200445, 2005 -30, 2006 -36, 2008 -25, and 2008 -46;
• Checking the Tax Collector's records of tax payments;
• Validating payroll records from Advanced Medical Center, LLC, and Advance Medical of Naples, LLC;
• Visiting Advanced Medical Center and interviewing the Practice Administrator;
• Scheduling payroll data for all employees filling the created jobs;
• Tracing names, addresses, hire dates, job titles, and pay rates, to the personnel records of Advance Medical of
Naples, LLC;
• Annualizing, averaging, and comparing pay rates of the twenty jobs to Ordinance requirements;
2
• Reviewing case files pertaining to foreclosure proceedings against the real property in question and eviction
proceedings against Advanced Medical;
• Reviewing responses to the Public Records Request for files and emails from the County Attorney's Office;
and
• Examining the Impact Fee Office's complete files on Advanced Medical Center, LLC.
Internal Audit examined 100% of applicable payroll and personnel records for Advanced Medical Center and
Advance Medical of Naples. The objectives of this special request were to validate the twenty employees in the jobs
created by Advanced Medical Center, and to validate the wages paid for the jobs created.
Internal Audit observed the Impact Fee & Economic Development Office's verification of jobs created in
accordance with Collier County's Economic Incentive Programs to validate requests for incentives. The Fee
Payment Assistance program is a performance -based Collier County initiative authorized in Board of County
Commissioners (BCC) Ordinance 2003 -61, as amended. It is found in Chapter 49, Article ll, of the Collier County
Code of Ordinances. The program pays selected impact fees for eligible development projects. Eligibility criteria
include the creation of minimum numbers of new jobs at or above specific wage levels. For this project's location,
program criteria call for a minimum of twenty new jobs paying at least 150% of the County's average private- sector
wage. The business must also pay its tax bill in full annually on or before its due date.
Ordinance 2003 -61 originally terminated this program on October 1, 2008, but on September 9, 2008, the Board of
County Commissioners (BCC) enacted Ordinance 2008 -46, which extended the Fee Payment Assistance Program to
October 1, 2013.
Ordinance 2003 -61 states that the program's purposes are to:
1) Provide a performance -based program offering financial relief for eligible targeted industry development or
expansion projects in Collier County to mitigate the effects of rising Impact Fee rates;
2) Provide for the economic well being of Collier County residents by providing high -wage employment
opportunities in Collier County;
3) Lessen the seasonal cycle of Collier County's economy; and
4) Encourage investment opportunities for new or existing companies thus increasing and diversifying the
County's tax base.
To be eligible, businesses must apply to the County Manager prior to making the decision to locate or expand
within Collier County. The Fee Payment Assistance incentive award is calculated by multiplying the total capital
investment (land, building, equipment) of the expansion or relocation by the current millage rate, then multiplying
by either ten (projects located in areas outside the enterprise community) or 15 (projects located within the
enterprise community). This project uses the multiplier ten because it is located outside the enterprise community.
The award, $412,146.00, did not exceed the amount of impact fees due for the project, which was $413,092.70.
Payments made under this program are subject to funding availability. A project participating in Fee Payment
Assistance is not eligible to participate in the property tax stimulus program or the charitable organization waiver
program that may be offered by Collier County.
On May 9, 2006, the Board of County Commissioners (BCC) approved the application of Advanced Medical
Center, LLC, to participate in the Fee Payment Assistance Program. The County Manager executed the BCC
approved Fee Payment Assistance Agreement (OR: 4071 PG: 1371 -1377) with Advanced Medical Center, LLC, on
July 12, 2006. That Agreement described "a project involving the construction of a 28,100 square -foot Regional
Headquarters office." The legal description for the property was included in Exhibit A to the Agreement; the
property is also commonly known as the Advanced Medical building or 1250 Pine Ridge Road, Naples, Florida
34105.
3
The Agreement required the creation of 20 high -wage jobs by June 30, 2009, and retention of those jobs through the
end of the Agreement in 2017.
The Agreement also provided that the Fee Payment Assistance Program would pay Road, EMS, Correctional
Facilities, General Government Buildings, and Law Enforcement impact fees totaling $412,146.00. A refund of
prepaid Transportation impact fees of $126,742.68was paid to Logical Investments, LLC as the owner of record of
the project's real property, the property described in Exhibit A of the Agreement. Logical Investments, LLC, was
not a party to the Fee Payment Assistance Agreement.
Based on the payroll records provided for this job validation, it appears that as of April 1, 2013, the assets and
business activities of Advanced Medical Center, LLC, were transferred to Advance Medical of Naples, LLC, a
different corporate owner.
The Fee Payment Assistance Agreement was between Collier County and Advanced Medical Center, LLC, which is
referred to as "Property Owner" throughout the agreement. In the agreemen: dated July 12, 2006, it states: "3.
Property Owner represents and warrants that they are the owner of record of the Property..." Exhibit A to that
agreement is a legal description of the property on which the Fee Payment Assistance benefit was based. The
Official Records of Collier County contradict this representation. They reflect that Logical Investments, LLC, not
Advanced Medical Center. LLC, owned the property at the time of the agreement's execution. Sunbiz shows
Gregory E. Leach, MD, was the manager of both LLC's in 2006. It does not indicate that Logical Investments, LLC
was either a wholly- or partially -owned subsidiary of Advanced Medical Center, LLC; the only apparent affiliation
is that Dr. Leac'i had an interest in each.
Recommendation:
• Based on the inaccurate representations in the Fee Payment Assistance Agreement that Advanced Medical
Center, LLC, was the owner of the property, the County should determine if recovery of $412,416 Fee Payment
Assistance is warranted.
• Future economic incentive agreements should strive to correctly reflect the part ies to those agreements.
The Fee Payment Assistance agreement states "4. The amount of the impact fees paid by the program will in all
events become due and payable and shall be immediately re -paid to the County by the Property Owner if the
Property is sold or transferred without prior written approval from the County at any time after the first certificate of
occupancy has been issued for the development and prior to the 10 -year obligation period ... and the impact fees
must be paid in full to the County."
The Circuit Court ordered a judgment of foreclosure against this property that makes no mention of the Fee
Payment Assistance Agreement with the County. Capital Bank, NA, recorded the Clerk's Certificate of Title on
June 4, 2013. There was no prior written approval of this sale from the County, nor was the Fee payment Assistance
repaid to the County. On June 11, 2013, Capital Bank, NA, further transferred the property to Special Acquisitions
IV, Inc., an apparent wholly -owned subsidiary of Capital Bank, NA.
4
The County's agreement with Advanced Medical Center states in paragraph 5: "The payment of impact fees via the
Fee Payment Assistance Program will constitute a lien on the Property which lien may be foreclosed upon in the
event of non - compliance with the requirements of this Agreement, or should any of the representations set forth in
the Application be untrue or unfulfilled." This lien is not noted in the foreclosure sale documents.
Recommendation:
Based on transfers of the real property (for which the Fee Payment Assistance was granted) without prior
written County approval, the County should to determine if recovery of the $412,416 Fee Payment Assistance is
warranted.
• BCC management should vigilantly protect the County's interests in economic incentive agreements.
The Fee Payment Assistance agreement states "5. Neither the payment of impact fees nor this Agreement may be
transferred, assigned, credited, or otherwise conveyed without the prior written approval from the County, which
approval may be freely withheld."
As part of the validation of jobs and wages for 2012, Advanced Medical Center personnel provided two separate
payroll registers. One covered employment with Advanced Medical Center, LLC, from January 1, 2012, through
March 31, 2012, and the other covered employment with Advance Medical of Naples, LLC, from April 1, 2012,
through December 31, 2012. The businesses' Practice Administrator stated that the assets and business activity of
Advanced Medical Center, LLC, had been transferred to Advance Medical of Naples, LLC, by a sale of assets.
There was no prior written approval from the County for this transfer between corporate entities, nor were the Fee
Payment Assistance funds repaid.
Recommendation:
• The County should monitor businesses under these programs to ensure compliance with all contract terms. Any
deviations should be reported to the BCC for action.
• Based on this transfer of assets and business activities from one corporate entity to another without prior written
consent from the County, the County should seek recovery of the $412,416 Fee Payment Assistance.
Paragraph 7 of the Agreement states "...the Agreement will be in substantial breach upon the following events...
(2) upon the County Manager being informed of a material misrepresentation in the Application..."
In 2013, when Capital Bank proceeded with its foreclosure action, the County learned that Advanced Medical
Center, LLC, was not the owner of the property at the time of the Application or at the execution of the Agreement.
The Application stated "...Advanced Medical Center is constructing a 28,100 SF, two story Class A buad ng." The
Agreement explicitly states `...Advanced Medical Center, LLC, hereinafter referred to as "Property Owner "' and
further states `...Property Owner represents and warrants that they are the owner of record of the Property, and
acknowledges that pursuant to the Impact Fee Ordinance owes impact fees for Road, EMS, Correctional Facilities,
General Government Buildings and Law Enforcement in the total amount of $413,092.70..."
5
Gregory E. Leach, MD, signed the Economic Stimulus Program Application on 4/6/06 as CEO of Advanced
Medical Center, Inc. However, Advanced Medical Center, Inc., had merged into the surviving limited liability
company Advanced Medical Center, LLC, effective March 9, 2006. The County Manager entered into a Fee
Payment Assistance Agreement with Advanced Medical Center, LLC, on July 12, 2006.
Of the $413,092.70 owed, $126,742.68 had been previously paid on behalf of Logical Investments, LLC. The
Agreement provided for the reimbursement of these `...prepaid Transportation Impact Fees in the sum
$126,742.68..." In July 2006, pursuant to the Board of County Commissioners' approval of the Application and the
County's execution of the Agreement, the County processed a payment request for the reimbursement of this
$ 126,742.68 to be repaid to Logical Investments, LLC, the true owner of the building. The County had constructive
knowledge of this material misrepresentation in the Application and the Agreement as early as early as July 2006.
Recommendation:
• Based on this material misrepresentation in the application of the Agreement, the County should determine if
recovery of the $412,416 Fee Payment Assistance is warranted.
The new owners of the building filed an eviction procedure against Advance Medical of Naples, LLC, on January 6,
2014. Internal Audit learned that Advance Medical of Naples relocated to 720 Goodlette Road N. during the week
commencing January 13, 2014.
Recommendation:
• The County should determine if recovery of the $412,416 Fee Payment Assistance is warranted.
On July 9, 2009 Advanced Medical Center's Practice Administrator requested permission from the former
Economic Development Council to include the salaries of a doctor and the practice administrator who were
employed by or associated with the Joint Replacement Institute in the 2009 job validation process. These two
individuals were not employees of Advanced Medical Center, LLC; the Joint Replacement Institute is another
tenant in the building. According to their letter, Advanced Medical Center assisted the doctor for the Joint
Replacement Institute as he moved his practice in 2008 from Lee County to Collier County by providing space,
practice management and billing services. While the EDC may or may not have approved this request, their
approval has not been documented. Advanced Medical Center included the two positions among the jobs created
for 2009 and 2010.
This exception from or interpretation of the Agreement terms was not brought back to the County for approval.
Collier County Ordina,ice 03 -61 states: "To be considered eligible for approval under this program, a bus:'ness or
project must meet the criteria of one of the following categories..." Those criteria specify creating a minimum of 20
new full -time jobs paying an average wage equal to or greater than 150% of the private- sector average wage. The
use of another employer's employees to validate Jobs Creation was not granted in the Fee Payment Assistance
Agreement.
Recommendation:
6
• Jobs validation should be based upon the contracted entity and its agreement with the County. Management
should take care to ensure that only valid jobs are included.
Section 49 -24 (a) requires that "the eligible business will pay its tax bill in full to the tax collector's office annually,
on or before the date it is due." The Tax Collector issued tax certificate #5905 -12 on May 31, 2012, for the
property's unpaid 2011 property tax. This certificate was paid on March 26, 2013.
Recommendation:
• All provisions of agreements should be verified for ongoing compliance, and any deviations reported to the
BCC for action.
Based on the concerns enumerated above, we believe that Advanced Medical Center has violated the terms of its
Fee Payment Assistance Agreement. The Board of County Commissioners should consider seeking recovery of the
$412,416 Fee Payment Assistance.
Audits do not relieve management of their responsibilities. It is the responsibility of County management to
understand and implement the proper procedural controls in order to reduce and limit the risk of fraud, error, and
misappropriation of County assets /revenues. Internal Audit may recommend improvements in audit reports, but
ultimately it is the duty and decision of County management to formulate processes and controls that ensure
compliance with Federal Regulation, Florida Statute, County Ordinance, and County Policies and Procedures.
7
Agentie Itom No 16A14
May 9 2006
Page 6 of 17
AMENDED
Joe
ftONQtitic nEVfl OPMEN7 COUNCiI
- - of Cot let County, Honda
Crcnvin (_,I,ecjt /c/(-,Is
Economic 3timidus iProgmm ftconmendatbion Form
for
(Nome of Buai�aj
ADVANCED MEWCAL CFXTKR
1. lEcesomic 9timulva Programs;
X l3madband QnftstruetumInvead=U
❑
Fast Track Paynittft
A
Fee Payment Assistance
❑
Job Creation
❑
Property Tax Stimulus
❑
Local Match for QT7
2. Coiner County's company locNdon:
A High Impact Area ❑ Eastern
3. Project Quallircatioas:
Number ofcun=t Collier Coamty eployms:
Number of new jobs resulting from pmject:
Total rcl arced and new jobs.
:oilier County ❑ Unmokcalee Enterpnsc
commaruly
44 Avg Wagr4 S 48,811
20 Avg. Wage: S SS.735,�
—kt _ Avg. Wage: $--- 34.974
8
T. Schedule of lnesnavc !hods uested Collier Countyflscaler)_
200UM7 12WrAOS _ 12OW2W9 2044 -ZOID 2010a2111
Fee
Payment O> JD-- r
Assistance S41Z.1d6
Broadband SS. _ 58.3!10 58.41
S. mwap e :
NAICS Code 621111 °Dffioe of physicians"
tunings Multiplier: $ 1_4010
Emplaymcnt MUluplicr_ _1 ; 191
Economic Devel MCW COURCII Of COIHer County RccMmendA r�
Prepared by-. —
Econonde Development Department
Agerria Item No. 16A14
A1ay 9, 7005
AMENDMI 17
Total-
d J.�t
Date
-�'�•f it t �� �'% �1 � : �� -�'� t/ 7 t C
Approved:
Economic Development Deparbnent Date
y176
Apprnved: (2�&
Economic t eld ent Council of Collier Counl} Date
President
Etlmfvo Owamber 20% Page 2 of 12 Went ApWoved
9
Agenda Item No - 6A`4
May 9 2006
pME^t 17
COLLIER COUNTY
ECONOMIC STIMULUS PROGRAM
APPLICATION
for
ExpendJng or New Businesses
ADVANCED NIEDMCAI_ CENTER
Name of BuWnew
BUSINESS �ANIBM AMID RK0CAnON _
PMJW TFd® (" VOW dega6ptioan)
ECONOMIC DEVAOPMEW COUNCIL OF COLLIER COUNTY
3030 NORM HORwSw m DRwE. SurrE 12D
NAPLES. FLORIDA 34104
(230) 2=4089 • FAX (239) 263-8021
www.&NaDlesFioride.com
ENM*00 DM nnbw 2=5
_~ •ir lr^i�y
Pape 9 01 12 CQWtAWv*vW m0lal®j
AM
t el avwQf
10 _ _
Agenda item No ' 6A14
Mav 9.:996
AMEFNdW3-f 17
Client Identification
1. a) Name of Business Unit: ADVANCED MEDICAL CENTER
b) Mailing Address: 2171 Pine Ridge Road Suite D
c) Noma of Parent Company (if applicable): NIA
d) Primary businese1,1 contact:
Herne: Grenor�r beach Tit a Preside and CEO
Company: Advanced Medical Center
Address: 2171 Pine i�id>Ae Road Stuns D -
Phone: 229-eaa-7fjZfi -
Email: b nza r rintrnail -co 239.598 -2589
e) Business unit's federal employer identifiewlan number: 65- 0043540
f) Bulkirwas units unemployment compensation identifirAM on number.. 1181053
g) Iusiness unit's Florida sales tax registration number: NIA
h) Business unite Collier County occupational license number. $'x 522
1) List NAICS codes of all activities *1 the business-u- : 821111
Target Industry: Lite Sciences' Health Care
2. a) Is the business unit minority owned: G YES :!] NO
b) if YES, explain: WA
3, Business unit's tar[ year (example: Jan. 1 - Dec. 31): Jan_ 01 - Qa_c 31
Project information
4. a) Is the business. 14 (please Choose one):
L-1 a new bUsiness urng to Collier County
® an expansion of an existing Collier County business unit
if an expansion, how many employees are currently working in the expanding
buSiness unit located in Collier County? 44
G) How many individuals are employed in ALL. IF atida locations? 44 -
d) How many individuals are employed in ALL domestic and International
locations? 44
ERectivo December 2005
Page 4 of 12 CrWd Appr-ed (inmele)
11
Agenda 11em No. 16A14
May 9, 2006
M04 MA 17
U. Provide a full project description:
Advanced Medical Center Is constructing a 28,100 SF, two story class A building
building development and due to patient increasing volume and business growth
upgrading our Infonnatlon and communication technology by integrating wire ess
digital X -Ray and Electronic Medical Records to our operations.
. Besides the
we are
networking,
S. Please check the box that best defines your project. Answer a) AND b), if applicable:
a) ❑ Multi -state business enterprise b) I?r1 Regional headquarters office
❑ Multi- natlmmW business enterprise 0 National headquarters office
❑ International headquarters office
7. Please estimate percentage of gross receipts or final sates reaulting from this project
that will be made of Collier County: O %
side *1 Florida: _ A %
S. Project employment and wages:
a) lies the applicant ever paMelpated in an SOC- assisted program? Or YES Na
H YES, how many now and retrained jogs were Included in that project? _32
b) Total number of net, new full-time oqulvelent Collier County jobs created by the
project at the buelness unit indicated above: _20
c) Are any employees being transferm id from onotlow Florida location? 'YES M NC
If YES, hero many and from where?
e) An annualised average wager (not including benefits) of the new to Collier
County jobs created by the project at the business unit: g 56.738
f) Annualized average wage for existing Collier County employees: S 48,811
(Tae amps !n@leaird ebovs TO hs used In UM esriMmOon, 00reermIlL Intl ddrn eralus"M process. posh
Porformenos bonuses errs ogrsr cash pslrme" bo Ms smpropsss, such sa o-vorLlme, should be krdudsd)
Annualized average value of ban at;socialted with each new job created by the
project at the bLminees unit: _S 11.441
If jobs are to be phased in, provide the date when each phase of employment will be
fully hnplemented:
Number of not, new full -time Date which Phase equivalent Collier County jobs Date ich those jobs
crested in ttminaas:.ff"k I will be created
TOTAL j _ - - 20
9. a) Describe the capital Investment in real and personal property:
(examples: construction of new facility; remodeling of facility; upgrading,
replacing or buying new equipment. Do rout include the value of land purchased for
Construction of a new building.)
ENecilve December 2005 Pape 5 ea 12 Cliam Approved (IM11 li)
��►=- /-e��- Cous�.tGy
- - ------ - - - - -- -
12
Rger►da Tern No. 1SA14
A9ay 9, 205
AMEMILW' 1 r
We have purcrased Ind on Pine Ridge Road and have been developing the land. This has entailed the
darnoUton of four abandoned houses and filling a take (an area +Moore fly was once taken to build Pine Ridge
Rd). So far the auperms related to the ally improvemeM are S1.500,D00. The construcAlon will take 12
months and the estimated oosbs related to the new buA ft are apprommately $7.000,000. In addition,
fumishings and equipment for the bulking will coal appronimate9y $1,001000.
b) List the anticipated amount (within three (3) years) and type (purchase of
machinery /equipment. construction of buildings, etc.) of major capital investment
to be made by the applicant in connection with this Collier County project:
Amount $, 2t6_30.000
Land (if applicable)
Amount S 7,000,000
_ ConstructionRenovations
,Amount S
Manufacturing Equipment
Amount S 1.000,000
Other :Equipment
Total $ 10 630 0
cp Estimated square feel of now or newly expanded facility: 28,100
10. Anticipated date of beginning of construction for this projecta IlAarciA 2006
11. Anticipated date project will be in operation: Auri 200,7
12. She and Contractor Information:
a) folio Nundbera 68440200004, 68440180005, U"0120003, 68440000004
b) Project Street Address& Suite Numbern egal description:
z) Type of Project (circle one). Rezone Plat , Other _Building Permit_
OwnnerlDeveloper Name' Dr. Gregory and Sally Leach
d) OwneriDeveloper Telephone Number. _239 -566 -7675
Located on Brownfield Site or in a Brownfield Area? O YES ± NO
(If YES please attach a copy of Ube offiml document that darlonated this are2 as a erewMield area I
e) Will project be locating or expanding in an Enterprise Zone? DYES Il NO
If YES, which Zone: f Immokalse ❑ Everglades City
Q Architectural Firm: _Architectural Network
Contset: _Rocco Costa
Phone; 4345800
Email: rocco@archtletine.com
Fax: 4340208
g) Engineering Firm: _Q Grady Minor
Contact: Norm Trebilcock
Phone: 947 -11A4
Ernsii: NTrebilcock(pggradyminor.com
Fax. 947 -0375
Efledlve December 2905
94 --k J P �_
PaUD 0 or '2
ClieM Approved
13 __
At I rilbalst
Awe
Agenda Item No. 16A14
May 9. 20M
AML41 L'bPf 17
h) Contractor: _Von Garrett
Contact:
Phone:
Email:
Fax:
Pro Iml2act Information
13. What role will the Inceritive(s) play, Including the Fast Trade Regulatory Process
Program, in the decision of the agplics"t to locate or expand in Colller County? (if there
are other statWcommunities computing for this project, please list which
st>ateWcommunities and what incentives are being offered by those statewcommunities.)
incentives will mhtigsto the high costs of 00ing business in Calder County duo many well known factors as
pemilgtng costs. Impact tees lack a`land avaltabilily and appropriate supply of work/orCe all of which entail
facing overall Uusiness costs that exceod those of neighbor -^g areas Ilko Lee County
Incentives will mitigatio ft building coats as well as the challonging governmental procedures that burden
any bulid�ng initiativo within this County.
Regardless the huilding development Advance Medical Center is currenlry making, without these incentives.
Me company will consider moving as business sonsapfata else, most probably to Lee County.
14. a) Provide a brief review of the applicanre past activities in Collier County and In
other states, particularity as they relate to environmental and growth management impacts
and how these have been handled. (Basically, what kind of corporate citizen has the
applicant been
In addition to providing family practks services AMC 8180 provides occupational medical services to save-al' major
businesses in Collier County. Those businesses include 71ihe City of Naples, The Collier County Shonffs depuriment.
The Collier County School system, and we provide work comp care to all NCH ompleyees. For the Collier County
residunts as wall as tourists conventonce, the practice has em3anded hour; (" on weekdays), and b Is open on
Saturdays and Sundays; It is open 361 days a year. We provide progressive, practical, affordable, and convenient
rriedicel care to patients of all ages with a wide array of ilirmeges We also provide Urgent Care — we have on site x-
ray, tab lecilides and a pharmacy on site.
In addition to running the business and working at Advanced hied cal Counter, Or Leach routinely volunteurs his dme at
the non for profit Neighborhood Health Clinic. to addition. thhis past summer he donated his time by providing medical
care to Indigent people in Buddha Faso (NW Africa) - one of the poorest countries rn the world.
As yell as holQlrhg a metdlcW 6oanse at 1094, while wOAUng full Wrie at Advancod Medical Center, Or Leach earned an
MSA from the University of South Florida, He believes that good health care requires the best management possible
for the benefit not only of his business but most irripertamly for the best interests of Iris customers. Th s is the kind of
philosophy that has allowed AMC to continually grow and prosper
Effewvs December 2005 Paco 9 of 12 dent Approved 44A- (inibats)
MW
14
Agenda Item No 16A'4
May 9, 2006
Af&361` W 17
b) Describe any criminal or civil fides, or penalties, and any awards. tf there are none,
please make this statemetrt below.
None
C) I agree to allow the Economic Development Councll of Collier County perform a
Company andlor Personal Background Check.
d YES I NO
You may request that your project Information (lecluc6ing the information contained in Oft
applbcetfon) be confidential per F.S. 269.075, Confidentiality of Records.
x YES, we Request Confidentiality
NO, we do not Request Confidentiality
E4ecove Deoambw 2005 Pa ®o 8 04 12 talent Approved (IRtlats)
15
MW
� O,�M wwwi N1M
Application Completed By:
a �
(Signature)
Lori Ann Martell
r nt or Type .Nant6)
Practice Administrator
(Print or ype t
Advanced Medical Center Inc.
(Company)
566 -7$76
hone umber)
566 -1506
ax Nunn
CrilrI*AA eadVAA10 Zo
advancedmchsd artlVink,riet
E-mail Address)
gIUlot,
(Oats)
(Contact Person, If d nt)
-ma re", if dift rent
(Address, N differront) .
(Phone Number, If d Brent
MGMDecomoer2=1
Pape B of 12
16
Agenda Item No i6A'4
May 9 2006
AM EMINPI 17
To the best of my knowled0e, the
Information included In this application is
accurate.
(Signature of Auth Officer)
Gregory E. Leach MD. USA
(Prim or Type Name of Author ed Of6imr)
CEO
Wrint or Type Title 'Of Authorized car0
Advanced Medical Center Inc.
C ny)
566 -7676
(Phone umBir
591 -8397
ax Nu r)
b0nanzaareo sprintmail.com
(E-mail Addrress)
ql t,k �,
(Date)
Client gpprwmd (inIUSIS)
Attachment A: Roles & Resl2onsibli ties
g%&oberni umanesihiiities may vary from project to project.
—Meet all requirements of Fast Tracx
Regulatory Process Program
--Site selection
—Hire contractors, consultants, engineers,
architects
-- ,Submit application within 60 business
days of acceptance as a Fast Track project
-- Attend pre - application meeting, If possible
— Attend meeting after 3' rejection, if
businesses under the
Fast Track program
-- Contact the Special Projects Manager as
soon as a company Is qualified.
...,Attend the pre-application, meeting.
— iMaintein -consistent contact with Special
Projects Manager to ensure timeframes are
being -net.
-- Monthly review status Of projects.
particulady those with issues or potential
Issues
-- Attend meeting after 3"' rejection, if
necessary
Copy all vested parties with
correspondence.
ERecdve Oecambw 2CC8
Agenda tern No. 16A14
May 9 2006
AMEMbb" 17
-- Attend pre-application meeting with
sufficient plans for quality review
— Submit complete application that meets
current LDC and other code requirements
— Submit updates after nmebAng rejection
comments, within 3'0 business days
-- Attend meeting after 3'd rejection, If
necessary
— Assign Special Projects Manager
Assist EDC with site selection.
* Organize pm-app meeting
Lead project Team
s N"lo dispute resolution by
involving appropriate decision
makers
Shepard projects through the
process from start to fi nishrmanage
project plan
• Main point of contact for EDC,
applicant and owner
• Prepare monthly status
reportslemphasis on exception or
"red flap" items
• Schedule hearings and external
meetings, as required
• Provide value -added services such
1 as occasional site visits when under
construction
r Develop project team
• Attend pre - application meeting
Review submissions within Stated
number of business days
Attend meeting after V rejection,
necessary
Copy all vested parts with
Co.
Pago 10 C, t2 G9ent Appmved (,n]Uaftl
17
J r.
chment B:
Agenda Item No. 16A14
May 9. 2006
AMWMIbI 17
There are certain known issues that can lead to a less than smooth approval process, as
listed below. At the pre- application meeting (or before then W applicable) the Special
Projects Manager will complete this section relative to the facts as presented at that time.
MOMS that may cause a delay
Requires re- zoning
Site in existing SPUD
Site contains wetlands
Site requires an Environmental
Impact Statement
LDC amendment required
Permits from outside agency
Utilities issues?
Other?
Anticipated Delay and related Information
Note: this fist is rrot intended to be exhaustive of aN Items ttoet nray cause conflicts or delays In the
BPPmval proocass, but is to dontitj+ those most common ww arose mast likely to sign rmend}r hold up the
swift approval of the pr Oat
Items the Develop r or Applic
nt w
ntavIrements hW19 disclose concerning unusual
--
Eneahna December 2003
Co�'i�r C�rsvi�y
r4eg0 11 m 12 ODW rPP"rmd j j (int m)
18
nt C:
ine
Agenda Item No. 16At4
May g. 2006
AhNbf71,f 17
We, the undersigned, fully a=ept our roles and responsibilities In this project and have offered all
information in good faith and in an attempt to be thorough We recogniZe t tai newr Information may be
presented as the project moves through the review phases. We .also recognize that until the review
process begins it is not reasonable to identify every possible Issue wrath a project. As any new mater all
inforrnabon Is identified that may cause a change to this plan in any way. the Spacial Projects Manager ,s
to be contacted to coordinate as needed.
Owner/Developer Name:
Applicant Name:
EDC Representative:
Collier County Special Projects
Manager Name.
Eltective Oeeembor 2AU5
C0�.9�'7r' �7za.ry.t'Y
Pago 12 of 12
19
Date
Date
data
Date
Client Apprved
1 •H � MI IwG+Y �1IV.HO
f,
Prepared by:
Jeffrey A. Ktarakow
Assistant Coiseq Attorney
1101 Tamiand Trail East
Naples, FL 34112
This space for reeurdkmg
AGREEMENT FOR FEE PAYMENT ASSISTANCE PROGRAM
This Agreement for Fee Payment Assistance for the payment of Impact Fees is entered
into thisday of -5..1•.t , 2006, by and between Collier County, a political
subdivision of the State of Florida, through its Board of County Commissioners, hereinafter
referred to as "County," and Advanced Medical Center, LI.C, hereinafter referred to as "Property
Owner," collectively stated as the "Parties."
RF.CUFALS:
WHEREAS, Collier County Ordinance No. 2003 -61, the Collier County Fee Payment
Assistance Ordinance, as it may he further amended from time to time, codified in Chaptcr 49 of
The Code of Laws and Ordinances of Collier County Florida, hereinafter referred to as the
"Ordinance." PTOvides for Fee Payment Assistance for payment of impact fees to qualifying
businesses; and
WHEREAS, on April 7, 2006, the Property Owner submitted an application to be
considered for the Fee Payment Assistance Program for a project invol%ing the construction of a
28,100 square -foot Regional Headquarters office, which application proposed to create 20 new
jobs in Collier County by June 30, 2009, at an average wage of $55,735.00, which is 163% of
Collier County's current average wage. A copy of this application is on file in the Impact Fce
Administration office of the Operations Support and housing Department. and
WHEREAS, the County Manager, or his designee, reviewed the application and, based
on the representations therein, found that it complied with the requirements for fee assistance as
outlined and set forth in the Ordinance; and
WHEREAS, based on the Property Owner's representations set forth in the Application
and on recommendation from staff, the Board of County Commissioners approved Fee Payment
Assistance Funds in the sum of 5412,146.00, and also approved a reimbursement of prepaid
Transportation Impact Fees in the sum of 5126,742.68; and
Page t
20
WHEREAS, the Ordinance requires that the Property Owner enter into an Agreement for
Fee Payment Assistance with the County, to be executed by the County Manager.
NOW, THEREFORE, in con.,:dcration of the foregoing Recitals, and other good and
valuable consideration, the rmxipt and sufficiency of which is hereby mutually acknowledged,
the Parties agree as follows:
herein.
1. The foregoing Recitals are true and correct and are incorporated by reference
2 The legal description of the development (hereinafter referred to as the "Property')
is attached as Exhibit "A", and is incorporated by reference herein.
3. Property Owner represents and warrant% that they arc the owner of record of the
Property, and acknowledges that pursuant to the Impact Fee Ordinance owes impact fees for
Road, EMS. Correctional Facilities. General Govemment Buildings and Law Enforcement in the
total amount of $413,092.70, as more specifically set forth in attached Exhibit "B ", incorporated
by reference herein.
4. The amount of the impact fees paid by the program will in all events become due
and payable and shall be immediately re -paid to the County by the Property Owner if the
Property is sold or transferral without prior written approval from the County at any time after
the first certificate of occupancy has been issued for the development and prior to the 10 -year
obligation period. or prior to the 15 -year obligation 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
not repaid) impact fee amounts previously paid under this program will become due and payable
and must then be immediately repaid to the County in the event of sale or transfer prior to
expiration of the program obligation period. If not so repaid, the obligation will be a lien on the
Property as set forth below.
5. The payment of impact fees via the Fee Payment Assistance Program will constitute
a lien on the Property which lien may be foreclosed upon in the event of non - compliance with
the requirements of this Agreement, or should any of the representations set forth in the
Application be untrue or unfulfilled. The amount specified in this Agreement will serve as the
amount of a lien against the Property. Neither the payment of impact fees nor this Agreement
may be transferred, assigned, credited or otherwise conveyed without the prior written approval
from the County, which approval may be freely withheld.
Page.
21
6. On Property Owner's request, and at the County's 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 Property Owner's previously recorded first
mortgage and/or any government funded affordable business loan such as the U.S. Small
Business Administration (SBA) or the U.S. Department of Agriculture (USDA) loan.
7. By way of example and not as a limitation, this Agreement will be in substantial
breach upon the following cvcnts: (1) any change in the status of the occupancy, type of business
conducted, or compliance with the requirement -, of the Program, as set forth in either the
Ordinance or this Agreement; (2) upon the County Manager being informed of a material
misrepresentation in the Application; or (3) at any time during the term of this Agreement
following June 30, 2009, in which the proposed development does not have 20 new jobs in
Collier County at an average wage of $55,735 00.
S. Upon the County's request, the Property Owner will provide all documentation
required to verify compliance with the Berms of the Ordinance or this Agreement. In the event
the Property Owner is in default under this Agreement, and the ded'ault is not cured within 30
days after written notice is pro%ided to the Property Owner, the County may bring a civil action
to enforce this Agreement or declare that progrrurn's payment of the impact fees not yet recouped
and previously paid undcr this program are thence immediately due and Payable. The County is
entitled to recover all fees and cost.,, including attorney's fees and costs, incurred by the County
in enforcing this Agreement. plus interest at the then maximum statutory rate for final judgments.
calculated on a calendar day basis until paid. These rights and remedies of the County are in
addition to any other rights and remedies that the County may have should the Property Owner
be in default or otherwise violate the terms of the Ordinance or this Agreement.
9. This Agreement will expire 10 years after the first certificate of occupancy has been
issued for the development. Following this expiration, and upon satisfactory completion of all
requirements of this Agreement, at Property Owner's request anti sole expense. the County will
record any necessary documentation evidencing same, including, but not limited to, a release of
lien. The lien will not terminate except upon the recording of a release or satisfaction of lien to
the public records of Collier County.
10. This Agreement will be recorded in the official records of Collier County at
Property Owner's sole expense.
page 3
22
11. As a prerequisite to the issuance of the Building Permit(s) for the Development of
the Property, a copy of this Agreement may be required to he presented to the County in order
for the allocated Fee Payment Assistance funds to act as payment of impact fees, which would
otherwise be required to he paid by the Property Owner.
IN WI'T'NESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
WITNESS.
Signed
'I CY CL A ✓,C-41k,
Print Name
W ITNLSS:
i ed
-6 d - An VA
Print Name
STATE Of FLORIDA)
COUN CY OF COLLIER)
ADVANCED MEDICAL CENTER, LLC
By.
RE R'f . LEACH, MANAGER
The foregoing Agreement was acknowledged before me this lam day of
U , 2006, by Gregory E. Leach, Manager of Advanced Medical Center, LLC, W110-
iis_ners pally known to me or has produced as
proof of identity.
[NO TARIAL SEAL]
j a+r.stYraaoor
laa+rw �roupn
aa,an
426.1 Flows Nary A&w%:. r:
`-Signature of Person Taking Acknowledgment
Nge 4
23
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement
"5,-A ' 2006, by James V
personally k own to me.
[NOTARIAL SEAL]
Apilroved as to form and
leg su c y:
Jc%tty ow
A Attomey
COLLIER COUNTY, FLORIDA
By: _
JA - S V. MUDD, COUNTY MANAGER
was ackn owledged before me this 1 -day of
Mudd, County Manager, on behalf of the County, who is
ZL 10
Signaturc of Person 'I aking Ackno4fedgment
Page S
24
Recommend App Val:
60 P
enton Baker, Director
Operations Support and dousing
_J
EXHIBIT "A"
OWNERSHIP
ADDRESS
LEGAL DESCRIPTION
Advanced Medical Center, LLC
1250 Pine Ridge Road„ Naples Florida 34105
Begin at the Southwest corner of Lot 6 Presque Isle, according to plat thereof recorded in Plat
Book 4, Page 48, of the public .records of Collier County, Florida; thence run North 00°06'54'
East along the West line of said Lot 6. for a distance of 301.58 feet to a point on the Soulb right
of way of State Road 896; thence run North 89 047'28" East, along the South line of said State
Road 896, for a distance of 330.00 feet; thence run South 00"06 "54" West for a distance of
301.55 feet to a point on the North line of Sorrento Gardens Unit No. 1, as recorded in Plat Book
3, Page 71 of the public records of Collier County, Florida, also being the South 1ric of Lot I of
Presque Isle, according to a plat thereof recorded in Plat Book 4,, Page 48, of the public records
of Collier County, Florida; thence run South 89 °47'07 " West along said North line of said
Sorrento Gardens [,nit No. I, and the South line of said Presque ISIL, for a distance of 330.00
feet to the point of beginning.
Containing 99,513.4 syuarc fact or 2.285 acres. more or Ics ..
Page 6
25
Advanced Medical Center, LLC
1250 Pine Ridge Road, Naples Florida 34105
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Mee
Amount Owed
A. EMS Impact Fee:
$3,455.85
B Correctional Facilities Impact Fee
$3,270.84
C. Road Impact Fee
5373,$76.99
D. General Government Building Impact Fee
S29,422.57
E. Law Enforcement Impact Fee
$3,066.45
TOTAL IMPACT FEES
5413,092.70
TOTAL, FEE PAYMENT ASSISTANCE
$412,146.00
DUE FROM ADVANCED MEDICAL CENTER. LLC
946.70
WATER, SEWER AND FIRE IMPACT FEES TO BE PAID BY ADVANCED MEDICAL CENTER, LLC
Page 7
26
Memorandum
To: Finance Department
From: j1. Denton Baker, Director, Operations Support and Housing,
Date: July 14, 2006
Re: Impact fee Reimbursement - 9 ogi
Investments
Ok
13� kcc
Estimated Road Impact fees in the amount of $12.0,742.68 were paid by Logical
Investments on March 30, 2006 on SDP -AR -8269 for a 28,054 square foot office
building. An Agreement for Fee Payment Assistance has since been approved and
recorded and a lien has been placed on the property. The Agreement provides for unpact
fee assistance in the amount of $412,146.00. Prior to the agreement being signed and
recorded, the owner paid 50% of the estimated road impact fees. The funds were
deposilod into the Road Impact Foe Account 333 - 163653- 363500 - 313331; however, this
refund i,, being paid from the EDC Account in the amount of $126,742.68 where the
finds were budgeted to pay for the impact fees. This refund was approved by the Board
of County Commissioners on March 9. 2006, Consent Agenda Item 16A.1 4. The road
impact :ee account remains whole, and the EDC account for this project will have a
balance remaining of $285,403.32 to apply to the .additional impact fees on that will be
assessed on the building permit.
AR #8269
Transaction #653396
Payee: Logical Investments LLC
2171 Pine Ridge Road
Naples, FL 34109 -2002
IMPACT FEE
Road
TOTAL AMOUNT DUE:
ACCOUNT STRING
001 - 138760-882100 -00000
Please call me at 403 -2333 if you should have any querstions,
ri t
H. Denton Baker. D mmur
Attachments. 1 ofGcud Receipts
2 Execwlve Kttmntary
3 Agreement for P"=t Asststanoc Program
AP,'Pdf
27
AMOUNT
$126,742.68
$126,742.68
61
Official Receipt - Collier County Board of County Commissioners
CDPR / 103 - OMCW Receipt
Trans Number Date _ Post Date I Payment Slip Nbr
653396 13130124D6 2:07:55 PM 3F30Y1006 I AR 8269
Appl Name, O GRADY MINOR AND ASSOCIATES, PA
Appl Stage/Status: RELEASE STAGEIPENDING
Address: WILSON A GARCIA, PE 3800 VIA DEL REY BONITA SPRINGS FL 34134
ProJ Name ADVANCED MEDICAL CENTER, INC
Type COM TAZ 74
Subdiv Nbr t464
Project Nbr. 20D411OD32
Payor LOGICAL INVESTMENTS
Fee Jntiormation
Payments
Total
Payment Code Account/Check Number _ _ _ i Amount I
CHECK 1063 $126742.68
Memo:
Total Cash $0.00
Total Non -Cash L $126742.86
Total Paid 126742.68
CashierAccation: MCCAULEYKATY / 1
User. FLORISROGERS
Collier County Board of County Commiss oners Printed 7/1412006 1122:25 AM
CD -Plus for Windows 95/NT
FT
Recommendation that the Board of County Commissioners approve the application by
Advanced Medical Center, LLC for the Advanced Broadband Infrastructure Investment
Program and the Foe Payment Assistance Program and .approve a rohnbursement of
S1126,742.68 of Transportation Impact Fees paid related to the Site Development Plan (SDP) for
the specified project, in accordance with the provisions of Section 10.02.07 of the Land
Development Code (LDC), which will instead be paid with budgeted Fee Payment Assistance
Program timds upon the execution of a binding Fee Payment Assistanee Progri m Agreement.
OB9EC"11W. That the Board of County Commissioners (Board) approve the application by
Advanced Medical Center, LLC for the Advanced Broadband Infrastii:cvute Investment program and
the Fee Payment Assistance Program `amid approve a reimbursement of $126,742.68 of Transportation
lrnpct Foes paid related to the Site Development flan (513P) for the specified project, in aeoordanoe
with the provisions of Section 10.02.07 of the Land Development Code (LDC), which will instead be
paid with budgeted 'Fee Payment Assistance Program foods upon the execution of a binding Fee
Payment Assistance Program Agreement. The reimbursement of previously paid Transportation
impact Fees will not be processed until the Agreement is executed and recorded and the requisite lien
is placed on The property for the amount of the actual Fee Payment Assistance Program Award.
CONSIMATIONS- On November 18, 2003, the Board of County Commissioners adopted
Ordinance No. 2003 -59, which is Chapter 49, Article V of the Collier County Code of Laws and
Ordinances (Code) thereby establishing the Advanced Broadband Yafrastructure Investment Program,
and Ordinance No. 2003 -61, which is Chapter 49, Article 11 of the Code, which established the Fee
Payment Assistance Program. These programs are available to targeted higb -wage companies that
desire to relocate or expand within specified areas of Collies County and are designed to reduce the
economic effects of increased development flees as well as relocation and/or expansion costs. The
Programs have specific eligibility requirements including the number of full -tune jobs to be created
and retained, the average wage of the jobs, timing of the Jobs being in place and the type of business
being proposed.
On April 7, 2006 Advanced Medical Center, LLC submitted an application to be considered for the
Advanced Broadband Infiasmicture Investment Program and the Fee Payment Assistance Program.
The project involves the construction of a 28,100 square foot Regional Headquarters offroe which is
proposed due to an increase in patient volume and business growth. The project also includes the
upgrade of the infoimat3on and communication teclmrology.
Advanced Medical Center, LLC proposes to create twenty (20) new jobs in Collier County, by Jane
30, 2009, at an average wage of $55,735, which is 163% of Collier County's current average wage.
The initial capital investment is approximately 510.6 million related to the construction, land and
equipment for the subject project. Based upon the above commitments, Advanced Medical Center,
LLC is eligible for Fee Payment Assistance Progrmn fiords up to a ma2amum amount of $412,146, not
to exceed the dollar amount of the actual impact fees associated with the project. On March 30, 2006
Transportation Impact Fees in the amount of $126,742.68 were paid for the project in accordance with
Section 10.02.07 of the LDC which requires that 50°Yo of the estimated Transportation Impact Fees be
paid prior to the approval of the SDP, Final Plat or other final local development. Upon approval of the
29
Advuwad M"cet Cwmv. LLC
P,wx
application for the Fee Payment Assistance Program, staff will calculate the total impact fees due for
the project and prepare a Fee Payment Assistance Program Agreement for payment of the impact fees,
with the amount not to exceed $412.,146 or the actual amount of impact fees due for the projecst,
whichever is less. Any impact fees due in excess of the $412.146 will be paid by the
applicant/property owner. Upon execution and recording of the agreement and fling of the requisite
lien on the property, staff will prepare a request fear reimbursement, in the amount of 5126. 742.68, for
Transportation Impact Foes that were previously remitted and are now being paid from budgeted Fee
Payment Assistance Program funds.
Advanced Medical Center, LLC has also requested to participate in the Advanced Broadband
Infiastrur -wm Investment Program. The program is available to local companies either constructing a
new building or renovating an existing non- rzsidential building and upgrading it to be a "smart
building", facilitating the installation &advanced broadband technology. The applicant has requested
$25.000 of incentive funds, to be paid ,n equal amounts of no nxm than $8,400 per year, over three
years. Fallowing the installation of the system, the participating company may request the first of the
authorized incentive payments. The incentive award does not provide repayment for monthly service
or maintenance and may not exceed the actual oost of the installation or upgrade, or $25,000,
whiivhaver is less.
The applicant meets all of the Advanced Broadband Infrastructure Itrvesb=nd Programs requirements
set forth by Chapter 49, Article V of the Code, and the Fee Payment Assistance Programs requirements
set forth by Chapter 49, Article 11 of the Code, as a Targeted 'industry expanding within Collier
County. Thcrefbre, approval of this application will help to promote the creation and retention of jobs
within the County.
FISCAL R ffACT
BroadbancUmftWtrQS1Vm: The applicant has requested $25,000 of incentive iirnds, to be
paid in equal amounts of no more than $8,400 per year over three years. Following the
installation of the system, the participating company may request the first of the authorized
incentive payments. The company must submit c*es of the invoices detailing the cost of the
installetwn along with the request. The incentive award does not provide repayment for
monthly service or maintenance and may not exceed the actual cost of the installation or
upgrade, or $25,000, whichever is less. Additionally, the participating company must Pay their
annual ad valorem property taxes to the County, in fruit, prior to a request for payment. This
incentive award will be funded by General Find revenue that was speciflc.Plly budgeted for the
adopted Broadband lnfrastruc=e Investment Program.
=> Vgg Payment Assfstanw, Advanced Medical Center, LLC is eligible for Fee Payment
Assistance funds up to a maximum amount of $ 412, 146. The actual incentive award may not
exceed the impact fees due and payable for the proposed development. A lien will be placed on
the subject property for the dollar amount of the impact fees, which will remain on the property
for the term ofthe agreement. At the conclusion of the agreement, if all requirements are met,
30
Advanood Medical C==, LLC
Nee 3
the lien will then be released from the subject property. If at any time during the term of the
agreement the non - County party is not in compliance with the terms and requirements set forth
by the agreement, they may be found in default and subject to default provisions set forth in
Chapter 49, Article U of #fie Code. This incentive award will be funded by General Fund
revenue that was spoaifically budgeted for the adopted Fee Payment Assistance Program.
The Operations Support and Housing Department of Community Development and Environmental
Services Division has responsibility for job verification as well as monitoring program compliance.
The initial capital investment related to this project is estimated to be $10,630,000 for related land,
building and equipmenL In addition, the creation of the twenty (20) new jobs generates a local payroll
of approximately $1.1 million annually.
GROWTH MANAGEMENTA"fi'AGE: 'Mis application is oonsistent with the Economic Element:
of the Growth Management Plan, specifically Objective 1.3 that states- "Collier County will support
programs which are designed to promote and encourage the recruitnnent of new industry as well as the
expansion and retention of existing industries in order to diversify the County's economic base."
LEGAL CONSIDERATIONS: The Advanced Medical Center, LLC project meets all of the
Advanced Broadband Infrastructure Investment Program requirements and the Fee Payment Assistance
Program requirements as a Targeted Industry expanding within Collier County and is legally sufficicnt
for Board consideration and approval.
RECO'- 1WNDATJQ,N: That the Board of County Commissioners approve the application by
Advanced Medical Center, LLC for the Advanoed Broadband Infrastructure Investment Program and
the Foe Payment Assistance Program and approve a reimbursement of $126,742.68 of Transportation
Impact Fees paid related to the SDP for the specified project, in accordance with the provisions of
Section 10.02.07 of the LDC, which will instead be paid with budgeted Fee Payment Assistance
Program funds upon the execution of a hinding Fee Payment Assistance Program Agreement, and that
the Board approve any budget amcndmonts that may be required related to this request.
Prepared by- Amy Patterson, Impact FeaSconomic Development Manager
operatiams Support and Housing, ®NS
31
A. Jim Mudd Re: Post Legislative Workshop in June, 2006
B. Jim Mudd "Straw Ballot Referendum" item regarding roads, etc. to be
placed on ballot scheduled for November, 2006
C. David Weigel regarding an agenda item relating to the Doerr and Nobel
lawsuit - Item scheduled for May 23, 2O 6 BCC Agenda
D. Mike Pettit regarding a request from the County Attorney's Office for
a "Closed Session" meeting regarding: Brock vs. Ochoppee Fire District
(Case No. 04941 -CA) and the BCC vs. Brock (Case No. 05933 -CA) —
cases comsolidated as Case No. 05- 1506 -CA
E. Donna Fiala regarding Eagle Lakes Community Park's hosting a
dancing waters interactive water play and a grand opening on May 20,
2006
F. Donna Fiala regarding the possibility of affordable housing being built
above strip malls
G. Commissioner Denning concerning affordable housing, agreement with
North Naples Fire Department, mileage rates and a rumor regarding his
plan to run for legislature
R. Commissioner Itlalas on Planning Commission's hearing decisions
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. if discussion is desired by a member of the Board, that Item(s) will
be removed from the Consent Agenda and considered separately.
Approved and /or Adopted with changes — 510
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL, SERVICES
1) Recommendation to approve an Interloc 1. Agreement identifying
responsibilities in a management partnership between Collier County
and the City of Marco Island for the Otter Mound Preserve.
As Detailed in the Executive Summary
2) Recommendation to approve for recording the final plat of "Valencia
Golf and Country Club Phase 2A ", approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
W /stipulations
May 9, 2006
Page 9
32
3) Recommendation to approve the Release and Satisfaction of Code
Enforcement Liens for payments received.
4) Recommendation to approve for recording the final plat of Cabreo at
Mediterra, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
W /stipulations
5) Recommendation to approve final acceptance of the water utility
facility for Quail Creek County Club Golf Coarse Maintenance
Facility.
W /release of Utilities Performance Security Bond
6) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Delasol Phase One". The
roadway and drainage improvements will be privately maintained.
Resolution 2006 -112 w /release of maintenance security
7) Recommendation to approve final acccptancc of the water and sewer
utility facilities for Veronawalk Model Center.
W /release of Utilities Performance Security Bond
8) Recommendation to approve for recording the final plat of
"Reflection Lakes at Naples Phase 2E ", approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
W /stipulations
9) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Veronawalk Phase IA".
The roadway and drainage improvements will be privately
maintained.
Resolution 2006 -113 w /release of maintenance security
10) Recommendation to approve three budget amendments to create and
recognize a new Fund 111 cost center for the current budget year
narned Operations Support and Housing (OSH) Grants.
May 9, 2006
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11) Recommendation to approve for recording the final plat of
"Veronawalk Phase 4A ", approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
W / stipulations
12) Approve an Amendment No. 2 of the FEMA Floodplain Mapping
Study Interlocal Agreement with the City of Naples to provide
funding for additional services requested by the Federal Emergency
Management Agency. (Joseph K. Schrrntt, Administrator, Community
Development and Environmental Services Division)
To provide swificlent analyses of the coastal storm parameters to
coastal iloodiiag and surge
Moved to item #10J
13) Recommendation to approve an Access Request and Release form
allowing Roy DeLotelle of DeLotelle and Cmthrie, Inc. to access
Conservation Collier lands, to approve the donation of in kind
consulting services for conducting red - cockaded woodpecker studies
and to authorize the Chairman to sign the attached Access Request
and Release form.
14) Recommendation that the Board of County Commissioners approve
the application by Advanced Medical Center, LLC for the Advanced
Broadband Infrastructure Investment Program and the Fee Payment
Assistance Program and approve a reimbursement of $126,742.68 of
Transportation Impact Fees paid related to the Site Development Plan
(SDP) for the specified project, in accordance with the provisions of
Section 10.02.07 of the Land Development Code (LDC), which will
instead be paid with budgeted Fee Payment Assistance Program fiords
upon the execution of a binding Fee Payment Assistance Program
Agreement.
As Detailed in the Executive Summary
B. TRANSPORTATION SERVICES
1) Recommends Board's approval of Adopt -A -Road Agreements (S) for
the following: Christopher Realty, Laura Faustino Century 21,
Stoney's Citrus Farms, Anchor Health Centers and Valle Professional
Msy s, 2006
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