Agenda 01/13/2009 Item #16A 3Agenda Item No. 16A3
January 13, 2009
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve an Advanced Broadband
Infrastructure Investment Program Agreement with Anchor Health Centers, P.A. and Naples
Investment Group, LLC, consistent with the provisions of the Advanced Broadband
Infrastructure Investment Program and the entity's approved incentive application.
OBJECTIVE: That the Board of County Commissioners (Board) approve an Advanced Broadband
Infrastructure Investment Program Agreement with Anchor Health Centers, P.A. and Naples
Investment Group, LLC, consistent with the provisions of the Advanced Broadband Infrastructure
Investment Program (Broadband) and the company's approved incentive application.
CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted
Ordinance No. 2003 -59, which established the Advanced Broadband Infrastructure Investment
Program. The program is available to local companies either constructing a new building or
renovating an existing non - residential building and upgrading it to be a "smart building ", facilitating
the installation of advanced broadband technology.
On May 16, 2006, Anchor Health Centers, P.A. and Naples Investment Group, LLC submitted an
application to be considered for the Advanced Broadband Infrastructure Investment Program for
installation of broadband infrastructure at their new medical facility at Edison Village. The project
involves the development of a "regional headquarters office" with facilities for medical imaging,
clinical research and multi - specialty physicians. The application was approved by the Board on July
25, 2006 (Item 16A[9]).
Anchor Health Centers, P.A. and Naples Investment Group, LLC have met all of the Advanced
Broadband Infrastructure Investment Program requirements set forth by Ordinance No. 2003 -59, as
amended, and have provided staff the required documentation related to the costs incurred for the
installation of the advanced broadband infrastructure.
FISCAL IMPACT: The budget for the local Economic Incentive Programs for Fiscal Year 2009 is
$255,300. Broadband incentive awards are limited to $25,000 or the actual amount of the verified
installation costs, whichever is less. The funding for this Program does not provide payments or
reimbursements for service costs. Staff has verified payments for the installation of broadband in the
amount of $34,269.95, therefore, the companies are eligible for an incentive award of $25,000
disbursed equally over a three -year period.
The incentive payment for Fiscal Year 2009 equals $8,333.33 and there is sufficient funding within the
approved budget to facilitate this request. Each of the local Economic Incentive Programs are subject
to the availability of funding, which is reflected in the Agreement that was prepared by the County
Attorney's Office for Board consideration and approval. Provided that Anchor Health Centers, P.A.
and Naples Investment Group, LLC continue to meet the eligibility requirements for the Broadband
Program and there is sufficient funding available, the remaining incentive payments are scheduled to
be disbursed in Fiscal Year 2010 and Fiscal Year 2011.
Agenda Item No. 16A3
January 13, 2009
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GROWTH MANAGEMENT IMPACT: This request is consistent with Objective 3 of the Economic
Element of the Collier County Growth Management Plan which states: "Collier County will support
programs which are designed to promote and encourage the recruitment 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 Office of the County Attorney participated in the preparation of
this proposed Agreement, which is legally sufficient for Board consideration and approval. - JAK
RECOMMENDATION: That the Board of County Commissioners approve an Advanced Broadband
Infrastructure Investment Program Agreement with Anchor Health Centers, P.A. and Naples
Investment Group, LLC, consistent with the provisions of the Advanced Broadband Infrastructure
Investment Program and the company's approved incentive application.
Prepared by: Amy Patterson, Impact Fee and Economic Development Manager
Business Management and Budget Office, CDES
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Agenda Item No. 16A3
January 13, 2009
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16A3
Item Summary:
Recommendation that the Board of County Commissioners approve an Advanced
Broadband Infrastructure Investment Program Agreement
with Anchor Health Centers. P.A.
and Naples Investment Group, LLC, consistent with the provisions of the Advanced
Broadband Infrastructure Investment Program and the
entitys approved incentive application.
Meeting Date:
1113/2009 9- .00 -.00 AM
Prepared By
Amy Patterson
Impact Fee Manager
Date
Community Development &
Financial Admin. & Housing
12/9/2008 3:05:39 PM
Environmental Services
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
12 /10 /2008 11:47 AM
Approved By
Judy Puig
Operations Analyst
Date
Community Development&
Community Development &
12111/2008 10:38 AM
Environmental Services
Environmental Services Admin.
Approved By
Garrett Mullee
Financial Operations Manager
Date
Community Development &
Financial Admin. & Housing
12/11/2008 1:15 PM
Environmental Services
Approved By
Joseph K. Schmitt
Community Development &
Date
Environmental Services Administrator
Community Development &
Community Development &
12/1612008 10:03 AM
Environmental Services
Environmental Services Admin.
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
12118/2008 1:29 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
12/19/2008 9:29 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
County Manager's Office
12/23/2008 4:15 PM
Commissioners
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Agenda Item No. 16A3
January 13, 2009
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This space for recording
ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM
AGREEMENT
This Advanced Broadband Infrastructure Investment Program Agreement ( "Agreement ")
is entered into this day of 2009, 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 Anchor Health Centers, P.A., and Naples Investment
Group, LLC, hereinafter referred to as "Employer," collectively stated as the "Parties." All
capitalized terms not defined herein shall have the same meaning as set forth in the Collier
County Advanced Broadband Infrastructure Investment Program Ordinance, Ordinance No. 2003-
59, as amended.
RECITALS:
WHEREAS, on November 18, 2003, The Board of County Commissioners (`Board ")
enacted Collier County Ordinance No. 2003 -59, commonly referred to as the Collier County
Advanced Broadband Infrastructure Investment Program Ordinance, codified as Article V of
Chapter 49 of the Code of Laws and Ordinances of Collier County Florida, hereinafter referred to
as the "Ordinance;" and
WHEREAS, the Ordinance provides that its purposes are to: "(1) Establish an advanced
broadband infrastructure investment program for the purpose of enhancing Collier County's
economic diversification efforts; (2) Provide for the economic well being of Collier County
residents by providing better opportunities for high -wage employment 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;" and
WHEREAS, to be considered eligible for approval under this Program, a business or
project must meet all of the criteria of one of the following categories: (1) Be located within
Eastern Collier County, is within the targeted industry list of the Economic Development Council
of Collier County, and creates a minimum of ten new full -time employee positions paying an
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Agenda Item No. 16A3
January 13, 2009
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average wage of at least 115 percent of the county's current private- sector average wage; or (2)
Be located within the boundary of the Immokalee Rural Federal Enterprise Community, and
creates a minimum of five new full -time employee positions paying an average wage equal to or
greater than 50 percent of the county's current private- sector average wage; or (3) Be located
within the boundary of the Immokalee Community Redevelopment Area, and creates a minimum
of five new full -time employee positions paying an average wage equal to or greater than 50
percent of the county's current private- sector average wage; or (4) Be a high impact project
located outside the enterprise community and Eastern Collier County which is within the targeted
industry list of the Economic Development Council of Collier County, and creates a minimum of
20 new full -time employee positions paying an average wage equal to or greater than 150 percent
of the county's current private- sector average wage; and
WHEREAS, Employer has submitted an application to be considered for the Program,
which application is on file with the County Manager's Office; and
WHEREAS, the County Manager or his designee, having reviewed the application and,
based on the representations therein, found that it complied with the requirements outlined and set
forth in the Ordinance, hereby recommends approval.
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:
1. The foregoing Recitals are true and correct and are incorporated by reference herein.
2. The legal description of the business or project is attached as Exhibit "A ", and is
incorporated by reference herein.
3. This Agreement will commence upon its execution by the County, and will
terminate with the final Program payment to Employer. Employer must be fully compliant with
its initial Program eligibility throughout the term of this Agreement.
4. The total value of payments to be approved under this Agreement will be the cost of
the approved business project's system installation or upgrade, up to a maximum of $25,000.00.
The funds will be paid in equal installments over a three -year time period, at the beginning of
each fiscal year, beginning in the fiscal year after the infrastructure improvements have been
verified as complete by the County Manager or his designee. This award is subject to funding
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Agenda Item No. 16A3
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availability for each fiscal year. Employer understands that the Ordinance will expire and be void
on October 1, 2013, unless continued by a vote of the Board prior to this date, and as such, the
installment payments hereunder could be discontinued as well.
5. Employer will notify the County Manager or his designee, in writing, once the
broadband infrastructure installation is complete. The County Manager or his designee will
verify project completeness and obtain a copy of all invoices detailing costs related to such
project. Employer will pay, or have already paid, its tax bill in full to the Collier County Tax
Collector's office annually on or before the date it is finally due. Under this program, applicants
are not eligible to pay their taxes on an installment basis. Employer will then submit a copy of
their ad valorem tax payment receipt to the County Manager or his designee, verifying all taxes
have been paid in full and on time for each year the company is eligible for payment under this
program. Upon receipt, and verification of compliance with the terms of the Ordinance and this
Agreement, payment to the applicant will be authorized within 60 days.
6. If the property which is subject to this Agreement is delinquent in the payment of its
annual taxes or special assessments at any time within the payment period, then any outstanding
balance to be paid will not be made unless and until all outstanding ad valorem property taxes and
special assessments are paid in full.
7. An annual review for compliance under this Agreement shall be performed by the
County to determine whether there has been good faith compliance with the terms of this
Agreement. If the County Manager or his designee finds, on the basis of substantial competent
evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement
may be revoked or unilaterally modified by the County. Employer shall be given 10 business
days prior written notice of any review. In addition to an annual review, within 10 business days
from the County's written request, the Employer will provide the County with all requested
documentation required to verify compliance with the terms of the Ordinance or this Agreement.
8. Neither the payment of funds, nor this Agreement, may be transferred, assigned,
credited or otherwise conveyed without prior written approval from the County, which approval
may be freely withheld. This Agreement will run with the land.
9. In the event the Employer is in default under this Agreement, and the default is not
cured within 30 days after written notice is provided to the Employer, the Board may bring a civil
action to enforce this Agreement or declare that the grant funds are thence immediately due and
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Agenda Item No. 16A3
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payable. The Board is entitled to recover all fees and costs, 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. By way of example and not
as a limitation, this Agreement will be in substantial breach upon the following events: (1) any
change in the status of the business or project such that it no longer meets the required Program
criteria, including maintaining the minimum number of qualifying jobs; (2) failure to fully
comply with all reasonable requests during any County review conducted pursuant to this
Agreement; and (3) upon the County Manager or his designee being informed of a material
misrepresentation in the Application.
10. The County shall record this Agreement in the Public Records of the County, with
all costs of recording being paid by the Employer.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Attest:
DWIGHT E. BROCK, Clerk
in
, Deputy Clerk
BOARD OF COUNTY COMMIS
COLLIER COUNTY, FLORIDA,
10
TOM HENNING, CHAIRMAN
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
REMAINING SIGNATURE PAGE TO FOLLOW
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Agenda Item No.
January 13, 2009
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AS TO ANCHOR HEALTH CENTERS, P.A.
a Florida Profit Corporation
WITNESS:
J X 11 Lon By:� —_�1�
Signature ROBERT E. HANSON, M.D., President
�ttl�t�c�0. arbc r Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this S day
of �p�a`, 2008, by ROBERT HANSON, as President of ANCHOR HEALTH
CENNERS, P.A. who is personally known to me or has produced t` V V \C5, C� 1 as
i0ntificafion.
--{ NOTARIAL SEAL]
WITNESS:
E 1 -)Xja
Si afore
Sao c � c
Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
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Signature of Person Taking Acknowledgment
By:'. ll A
PAUL F. ZAMPVLL, MAnaging Member
Ci1EFM A. RAYAZAM
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he foregoing instrument was acknowledged before me this 2tsT" day
of cwc. �i , 2008, by PAUL ZAMPELL, as Managing Member of NAPLES
INVESTMENT ZROUP, LLC who is personally known to me or has produced
as identification.
[NOTARIAL SEAL] r I
'Signature of eers��on aki g 1 o
� wledgment
Print Name: 0-4"�"� R . ��v —
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My Commission Expir : I
Pages CHERYL A. C,�Y•LEACH
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a-------------------------
Agenda Item No. 16A3
January 13, 2009
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Appro ed to o and Recommend Approval:
legal s ffi i
Jeffrey A. Klatz w Amy Patterdon, Manager
County ,ittome impact Fee and Economic Development
Manager
Agenda Item No. 16A3
January 13, 2009
Page 10 of 10
EXHIBIT "A"
OWNERSHIP
ADDRESS
LEGAL DESCRIPTION
Anchor Health Centers, P.A., and Naples Investment Group, LLC
8360 Sierra Meadows Blvd., Naples, FL 34113
Lot 10, EDISON VILLAGE, a subdivision according to the map or plat thereof recorded in Plat
Book 43, pages 76 -77, in the Office of the Clerk of the Circuit Court, Collier County, Florida
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