Agenda 05/25/2010 Item # 6C
Agenda Item No. 6C
May 25,2010
Page 1 of 6
Office of the County Manager
Leo E. Ochs, Jr.
3301 East Tamiami Trail' Naples Florida 34112. (239) 252-8383' FAX: (239) 252-4010
May 12, 2010
Pastor David Mallory
First Assembly Ministries
3805 The Lord's Way
Naples FL 34114
Re: Public Petition requesting an extension of a tri-party agreement for four residential
modular units
Dear Pastor Mallory:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of May 25,2010, regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. If the subject matter is currently under litigation or is an on-going
Code Enforcement case, the Board will hear the item but will not discuss the item after it
has been presented. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
Sincerely, ~
~-k ~r 'l
Mike Sheffield
Assistant to the County Manager
MJS:mjb
cc: Jeffrey Klatzkow, County Attorney
Nick Casalanguida, Deputy Administrator, Growth Management
Amy Patterson, Manager, Impact Fees and Economic Development
Agenda Item No. 6C
May 25, 2010
Page 2 of 6
Request to Speak under Public Petition
Please print
Name:
Ff/Z5-r ASS("IVI73l-V I"IIN'S"77Z~S.
Address:
3i'"6S
Tltl= LO.~C '1 r-vAy
tV A-f'cES 1="' ~ 3'm f,C
,
Phone: Z~ 'l' - 77'( - 116 S-
Date of the Board Meetino YOU wish to speak:
/I-1,4-Y
z.:s . "2oJ(J
(
Must circle yes or no:
Is this subject matter under litigation at this time? ~ I No
Is this subject matter an ongoing Code Enforcement case? a;;JNo
Note: If either answer is "yes", the Board will hear the item but will have no
discussion regarding the item after it is presented.
Please explain in detail the reason YOU are reouestino to speak (attach additional
paoe if necessary):
U/t? ,MeF- (tv /V c;.~() 01(:: AN ~'~^-/S:./c/t./
'TO k ,,e / Pl4n.-rY' ,/f{j-fzH-/"'1tc.v T FOfZ-
FoCJIZ Mdt u L../'h/Z ;etc:s / tJ~/V'T/A '- l/~Ir-5:
m1/ -TN{::... ~ U fZC{./ c.A/"'7 r.>v S .
Please explain in detail the action YOU are askino the Commission to take (attach
additional paoe if necessary):
II/'-" ~)C~,v >1'0/1/ 0 'I==-
24 ~OA../7H5.
H:\Mary~Jo\Public Petition Request FORTI - 2008 new form.doc
c:::> -
c:oE
c:s-.g
~~=
~ 5cj
~- - -
_0_
<->g
........--
........ "'...
~a..;
..,.. 8 t;
-- = ~
c:: :;i!::
CJiOE
.- -~
-. -~
C""oo..I --.
C"'-..J ::;:
c:n~~
.-f ~...
.-f "'_
~jl
~
lii!5
~
""
=-
...~
~~=
;;;==-
.... ... ... ..
cu_.......
-~--
Agenda Item No. 6e
May 25,2010
Page 3 of 6
THREE PARTY AGREEMENT
THIS AGREEMENT is made and entered into this / 0 ~ 2008, by
and between First Assembly of God of Naples Florida Inc., a Flonda Non Profi Corporation,
(hereinafter referred to as "First Assembly"); MDG Fountain Lakes, LLC, a F orida Limited
Liability Company, (hereinafter referred to as "MDG"); and Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as "County").
~~
~~
RECITALS
..
.. -
-:=
u...
=8
WHEREAS, First Assembly has requested that Collier County grant a 24-month
temporary use permit for four care units to be located on First Assembly land in which an SOP
has not been approved for such use on First Assembly land; as set forth in the attached site plan;
and
-
-
WHEREAS, Collier County is willin
Assembly to allow for the temporary
set forth herein; and 0 ",y
WHEREAS, MDG do n~ '
the First Assembly property and su
terms and conditions set fort h
it for the four care units on
porary use permit under the
2. First Assembly is responsible for and will ensure that necessary building pennits
are obtained for each temporary unit to pursuant to the Florida Building Code to assure proper
sewer, water, and utility hook-up and applicable hurricane tie down protection prior to
occupancy. Similarly, First Assembly is responsible for obtaining any approvals and required
permits from the Collier County Fire Code Official related to the review and approval of the
temporary site plan and applicable building permits for the nine manufactured units, Upon
issuance of a certificate of occupancy for the units, County will issue a 24-month temporary use 11-
permit for the nine care units, FOllowing expiration of the 24-month period, absent a written - t\'
extension approved by the Board of County Commissioners, First Assembly will immediately
discontinue utilizing all use of these units and remove or relocate the four care units to areas on
the First Assembly property in which an SOP has been approved for the four care units.
Agenda Item No. 6C
OR: 4322 ~~~
3. County will have full and complete access to inspect these units throughout the
--term of this Agreement.
4, County shall have the right to terminate this Agreement upon any breach of either
this Agreement or the temporary use permit.
Legal Clauses
5. In the event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preclude in whole or in part the parties' compliance with
the terms of this Agreement, then in such event this Agreement shall be modified or revoked as
is necessary to comply with such laws, in a manner which best reflects the intent of this
Agreement.
6. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or b their successors in interest. All notices and
other communications required or .:f:l!:r@ II be in writing and shall be sent by
Certified Mail, return receipt requ. gnized overnight delivery service,
and addressed as follows: 0 J..:.
To County:
To MDG:
MDG Capital Corporation
2] 80 Immokalee Rd Ste.
309
Naples FL 34110
Attention: William Klohn
Phone(239) 594-8700
Facsimile:(239) 596-4399
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
7, Both First Assembly and MDG shall execute this Agreement prior to it being
submitted for approval by the Board of County Commissioners. This Agreement shall be
recorded by the County in the Official Records of Collier County, Florida. within fourteen (14)
days after the County enters into this Agreement. First Assembly shall pay all costs of recording
this Agreement.
8. In the event of a dispute under this Agreement, the parties shall first use the
County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of
this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier
County to enforce the terms of this Agreement, said remedy being cumulative with any and all
other remedies available to the parties for the enforcement of this Agreement.
Page 2 of4
OR: 4~2~5~~
Page 5 of 6
IN WITNESS WHEREOF, the parties hereto have caused this Agreement-to.be executed~
". -... ~ by their appropriate officials, as of the date first above written.
Attest:
DWI~lIT.~.,BlWCK, Clerk
~...' ..:.~...:l--.. n l
[>",. . . .....:,~. r'~~
. '. ..;, '.~, t~ ;~\;.,".l,~puty Clerk
.. fGlUt.".. ,i)), -~ . .
<'.~r, .",j?JF.~,
A l;l!.. .to" tIn
and I . cy:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORlDA
Byy4t
mes Coletta' IRMAN
I\.
(lA ("r ~
(Ja-kr
STATE OF FLORlDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this ~ day
Of"Jc."r.,L:..r~r 2008, by 01."',<1 me 11M'] , as P~6./-" r of First
Assembly of od of Naples, Florida, Inc" who is personally known to me or has produced
D(;....r;; I .. r r-,'d':' as identification.
CAlIIEIlIE IlIllOllN
MY CCIIIIISSIc>>I. !105.'l5aIo
EXPIRES: ApI 2, 2110
Soncr.dn.uNlllllyN6::~
r~flAh~~ k ~
Notary Public
Print Name: C~)., -c.r It, ~ 14. 6r", <..J Y1
My Commission Expires: '1 / .;/ / ;;)0 I 0
Page 3 of 4
t** OR: mr~l~ Ut
Page 6 of 6
AS TO MOO FOUNTAINL~S,LLC~_
a Florida Limited Liability Company
Signed, sealed and
delivered in the presence of
B~ UJ<<~
Printed Name: l ~ 11/ j'';,e. '-<-< J::-;',k"""1
Title: e~ .
~\ "t ~ uti IT /'rl ( C v'..rOfUm eN
I('S f'1kN'%{,I"'( V(E\'nIZ,tn.
~AJ
Signature
W~ '7OLSoAi
p~~ Ir~
Si '
;Re.d'/~'e ?--,(.( r)C~
Print Name
STATE OF FLORIDA
COUNTY OF COLLIER
.'
______The foregoing ins
of ) J-7., . 2008, by
Fountain Lakes, LLC,
Page4of4