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Agenda 01/15/2008 Item #16A13 Agenda Item No. 16A13 January 15, 2008 Page 1 of 14 EXECUTIVE SUMMARY ,~ Recommendation that the Board of Connty Commissioners (Board) approve the attached three-party agreement between the First Assembly of God of Naples Florida, Inc., MDG Fountain Lakes, LLC, and Collier County, Florida, agreeing to a 24-month temporary use permit for four temporary care units to be relocated to property owued by First Assembly within the First Assembly of God PUD OBJECTIVE: To approve the attached three-party agreement between the First Assembly of God of Naples Florida, Inc.. MDG Fountain Lakes, LLC, and Collier County agreeing to a Board approved temporary use permit for f()LJr temporary care units to be relocated for a period of no greater than 24 months to the designated portion of the property owned by First Assembly within the First Assembly of God PUD. CONSIDERATIONS: During the regular meeting of the Board of County Commissioners on October 9, 2007, under Item I I, Public Comment, Ivlr. Randy Johns of Phoenix Associates representing the Reverend Pastor Mallory andlhe First Assembly of God Ministries petitioned the Board to approve the temporary relocation 0 f nine manufactured residential care units from a parcel within the First !\ssembly of God Pl) D to a platted portion of the PUD under the ownership and control of the First Assembly of God Ministries but contiguous to a portion of the PUD under ownership and control ofMDG Fountain Lakes. Sinc0 that meeting, First Assembly of God of Naples, Florida, Inc. has reduced the requirement from nine to four units, --- During discussion staff noted that the parccls identifed were not appropriately zon0d to allow for the temporary repositioning of the manufactured units and as such the Board would have to approve the temporary re location as an interim measure to allow for the temporary use on the designated platted area within the PUD. By a vote of 4 to 0 (Commissioner Coyle was absent), the Board approved the temporary relocation of the units provided that the units were properly pennitted pursuant to the Florida Building Code and that MGD Capital, First Assembly of God and the County memorilize the understanding through a three-party agreement outlining the specific responsibilities of each party. FISCAL IMP ACT: Time of the County Manager's and County Attorney's staff in preparing and staffing the attached agreement. GROWTH MANAGEMENT IMPACT: None, LEGAL CONSIDERATIONS: The proposed agreement, which was prepared by the County Attorney's Office at Board direction, is legally sufficient for Board action. -JAK RECOMMENDATION: That the Board approve the attached three-party agreement and in doing so approve the temporary use permit for four temporary care units for a period of up to 24 months, ~ PREPARED BY: Joseph Schmitt, Administrator, CDES Page 1 of2 Agenda Item No. 16A13 January 15, 2008 Page 2 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A'13 Recommendation that U';e Board of County Commissioners approve the attached three-party agreement. between the F'irst Assernbly of God of Naples Flonda. ins MOG Fountain Lakes LLC. <1i'ld Collier County Florida, agreeing to a 24-month temporary use permit for four temporary care units to be r'elocated to property owned by First Assembly witrtln the First l\f,sembly of God PUD Meeting Date: 1/: 5/2008 900'00 /\M Prepared By Jos<;ph K. SchrmU ':::':omrnlJf"ilty Di'!vdopment 8, Environmental Services l.dminstratD!' Oate Community Dev.odoprnent & Comrnun/'.y Dev,:'!opmcnt [{, 12!28f2007 10:02:45 AM =nvf:Gnnv:mtal S;jf\l\C"JS i::.n'1tr')mrlema\ Sefvlcus Admin. Approved By .iAfi ';.::::,tz~;(:w ;>~:,S~.';tClnt , ')Ii:\iv .\t{,:,)I'1ey Date County Attorney County i\ :-.tonvc)! C)1fice :~i2a!20;r Hi:1jg Afi,fl Approved By Joseph K. Schm:tt Comrnllnity OevElloprnc nt L Envirc'nmenta! Services Adminstrator uBte Community Devolopment & Environmental Services Community Development & Environmental Services Admin. 12/31/20079:47 AM Approved By Jlldy Puig Operations Anal~'st Date Community Development & Environmental Services Community Development & Environmental Services Admin, 12/311'200710:03 AM Approved By Martene Stewart Executive Secretary Date Community Development & Environmental Services Community Development & Environmental Services Admin. 12/31/20072:02 PM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 12/31/20073:14 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 12/31/20073:30 PM Approved By James V. Mudd County Manager Date file://C:\AgendaTest\Export\98-January%20 15,%202008\ 16.%20CONSENT%20AGENDA \] ,., 1/9/2008 Page 2 of2 Agenda Item No. 16A 13 January 15, 2008 Page 3 of 14 Board of County Commiss.ioners County Manager's Office 1/21200810:08 AM file:/IC:IAgendaTestIExportI98-January%20 15, %2020081 16.%20CONSENT%20AGENDA 11... 1/9/2008 C0 ro..,. ~O~ ::L~ '0 ..,. (j) z 2::'i? ~"'[L 22 EO ~--, iii ::J1 < ~i .........---........ . Vl ::l a. ~ :< :U : :I :U :t:l! if ,U , , ." ___J:;;/> ----~----- --------- 'T~ i~_ili il~1 I .- .," III I~I Q " l! II II . r- AgE;nda Item No. i6A13 January 15. 2008 Page 5 of 14 THREE PARTY AGREEMENT / THIS AGREEMENT is made and entered into this ~ ohv<~ 2008, by and between First Assembly of God of Naples Florida Inc_, a F10nda Non Profi Corporation, (hereinafter referred to as "First Assembly"); MOO Fountain Lakes, LLC, a orida Limited Liability Company, (hereinafter referred to as "MOO"); and Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as "County"). RECITALS 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 SDP has not been approved for such use on First Assembly land; as set forth in the attached site plan; and WHEREAS, Collier County is willing to grant a 24-month temporary use permit to First Assembly to allow for the temporary relocation offoUT care units under the terms and conditions set forth herein; and WHEREAS, MDG does not object to the temporary use permit for the four care units on the First Assembly property and supports the grnnting of the temporary use permit under the terms and conditions set forth herein. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($IOJlO) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. This Agreement will be effective from the time of approval of the Board of County Commissioners, which date is frrst set forth above, and shall remain in full force and effect unless terminated in accordance with this Agreement. 2. First Assembly is responsible for and will ensure that necessary building permits 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 permit for the nine care units_ Following expiration of the 24-month period, absent a written extension approved by the Board of County Commissioners, First Assembly will immediately discontinue utilizing all use of these units and remove or relocate the fOUT care units to areas on the First Assembly property in which an SDP has been approved for the fOUT care units. Agenda Item No. 16A 13 January 15, 2008 Page 6 of 14 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 lITe 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 by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To County: To First Assemblv: To MDG: Collier County Transportation 2885 S. Horseshoe Drive Naples, Florida 34 112 Attn: Joseph Schmitt, CDES. Division Administrator Phone: (239) 403-2385 Facsimile: (239) 403-2390 First Assembly of God 805 The Lords Way Naples FL 34 I 14 Attention: Pastor David Mallory Phone: (239) 774-1165 Facsimile: (239) 774-0538 MDG Capital Corporation 2180 Immokalee Rd Ste. 309 Naples FL 34110 Attention: William K10hn 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 MOO 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 of 4 ~ JarJan. :::' Jon. 2. 2008 ~ 3: 23PM 2.2008 1:21PM PHOENIX ASSOCIATES Of S f lNC PHOENIX ~SSOC1ATES OF S F lHe No 6040 Pit A9.?nc,p.11\lm NQ. tpM3 No. llIM!tJary n.5, 1008 Page 7 of 14 IN WITNESS WHEREOF, the parties herctQ have caused t:h.ia Alll"eement to be executed by their appropriate officials, as' of the date first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSlONERS COLLIER COUNTY, FLORIDA By: By: , CHAIRMAN , Deputy Clerk Approved as 10 form and legal sufficiency: Jeffrey A. K'1"tooll'nw Chief Assistant Couaty Attorney AS TO f1RST ASSEMBLY OF GOD OF NAPLES, FLORlDA, INC.: a Florida Non Profit Corporation Si B, ~ Printed arne: IJ PtVI ., Si deliv VI Printed Name " Title: .f&WIU' PMrv n.. Signaturc Printed Namt! STATE OF FLORIDA COUNTY OF COLLIER HIf.<l-r/rl..Y this bfld day of FirSt me or has produced '~M\'~~ . ~~E$:""K.IN # DO 5/J2458 _""~1B,2f)jO '. "-' Notary Pub! " , Prim NlIUlc: k:.f.v I V\. ~ My Commission Expires: () .Page 3 of4 Agenda Item No. 16A13 January 15, 2008 Page 8 of 14 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: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk , CHAIRMAN Approved as to form and legal sufficiency: Jeffiey A K1atzkow Chief Assistant County Attorney AS TO FIRST ASSEMBLY OF GOD OF NAPLES, FLORIDA, INe.: a Florida Non Profit Corporation Signed, sealed and delivered in the presence of: By: Signature Printed Name: Printed Name Title: Signature Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2008, by , as of First Assembly of God of Naples, Florida, Inc., who is personally known to me or has produced as identification. Notary Public Print Name: My Commission Expires: Page 3 of4 Agenda Item No. 16A 13 January 15, 2008 Page 9 of 14 AS TO MOO FOUNTAIN LAKES, LLC a Florida Limited Liability Company Signed, sealed and delivered in the presence of: By UJu~ . Printed Name: 1/1-// // /lL ""~ kl.'k-q Title: . P/.MA.,&J . ~~_ M \) C:, eM 1-' f(1. {Dv2JOo.JtTt00. ds rvt AIV f<\ 61 '" (, vtCY1'"jfl1. ~!:~..,~ Signature 1M Ihi2/<... '70L.5s:) Ai :~zr;;~~ ,/;/<-~------ Ig e ~i>A'4/)-e..../~/f rf{'~ Printe Name STATE OF FLORIDA COUNTY OF COLLIER ~The foregoing instrum~nt was ,acknowledged before me this . [.:.:L. day of ) j.t! _ , 2008, by . V. as /~,.. 4,- /!~ /, e.,.. of MDG Fountain Lakes, LLC, who . ~nally known me or has produced as iden lcation. be-#A~ -L. Notary Public ' Print Name: 1J~7?J.e.-.. L~"r",-, My Commission Expires: 'f ",,'$I,~" OEHISElARSON I' ,<"'J.."", "" ", MY COMMISSION' DO 509496 j'~" .' f EXPIRES: May 3. 2010 1 ',:1,." ....."""""-~ Page 4 of4 -----.-- -- Agenda Item No. 16A 13 January 15, 2008 Page 10 of 14 October 9, 2007 great place to dispose of them and recycle them. Thank you for your support. CHAIRMAN COLETTA: Thank you. We have a motion, we have a second. Any other discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 4-0. That looks like a nice addition to the - Item # 11 PUBLIC COMMENTS ON GENERAL TOPICS MR. MUDD: Commissioner, that brings us to public comments on general topics. Ms. Filson? CHAIRMAN COLETTA: Before we do that, we've been running a little bit late. We're going to take about a six-, seven-minute break and be right back. I know we're almost at the end, but I've seen almost at the end drag out another hour. And then we'll be right back. Ten minutes max. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Page 164 /\genda Item No. 16A 13 January 15, 2008 Page 11 of 14 October 9, 2007 Commissioners, Mr. Chairman, you have a hot mike. CHAIRMAN COLETTA: Great. MS. FILSON: Commissioner, we have two speakers under public comment. The first one is Randy Johns. MR. JOHNS: Good afternoon, Commissioners. My name is Randy Johns, for the record. I'm here for First Assembly. We're coming here today to ask you to grant us a 24-month temporary use for care units at the church. I've worked with staff, with Joe Schmitt, and we've got their recommendations. We just need to come to you guys today to get an approval. On the screen I have a site plan up there that has the blue showing that -- the old location of 23 care units that was on the site and being used. Due to the sale of the property, we have to relocate those units. We'd like to relocate nine of those units into the red area onto the church's property and -- for the care units that we have there for patients at the church. And staff recommended I corne to you for approval. We are going to have sewer, water, fire, all the utilities approved by the county before anybody will move into those units. Most of the sewer and water stuff is there now, so we're just asking to get a 24-month temporary use for occupancy. CHAIRMAN COLETTA: Yeah. Joe Schmitt, may I ask you to come forward, please. I got an email from Bill Klahn just a little while ago, and he says that he supports this particular move and that his immediate neighbor, that he has no problem with it. What they're asking to do is to be able to temporarily locate these units on their property as they're building the mortar -- the brick and the mortar building. And that would be for how many months again? MR. SCHMITT: Randy said for 24. For the record, Joe Schmitt. CHAIRMAN COLETTA: Mr. Schmitt, how can we make this Page 165 L__~ Agenda Item No. 16A 13 January 15, 2008 Page 12 of 14 October 9, 2007 work so that they provide -- continue to provide the service that they are while they're going through the process? MR. SCHMITT: I just need your approval. The problem is -- and Randy knows, he and several members of my staff met last week on this trying to figure out how we could allow for the trailers to be moved where he wants to move them coming off of the MGD property . The issue here is the use, and the zoning, frankly, does not allow it, because of the type of trailer and what's going on. Now, all of this will be -- it's coming to you for a PUD amendment and involved with the -- with Bill's amendment associated with the CWHIP project. You're going to be seeing that later this year. The commitment I have from MDG and, of course, from Phoenix, is that they will both partner in developing and amending the site plan for the entire site. That needs to be done. But the criticality here is the moving of these trailers. I have no problem. And Randy knows, as long as they're installed to code and meet all the requirements for code, that means tie-down, electrical hookup, water/sewer hookup, and it has to meet all those requirements, the issue is the temporary use on site and the time frame, and that would pretty much flow with what Bill has proposed, and I've gotten Bill's email as well. And Bill was at that meeting that we had and has no problem. So it really is you allowing for this to take place, then I can at least issue the respective building permits so that he can have the build -- the trailers permitted. And I'll work with him on it, and we'll make sure it happens, work with DeLany's staff. We know we have issues with meters and some other things, and Randy's well aware of that, Randy and his team, so we'll work and make it happen. CHAIRMAN COLETTA: Okay. Commissioner Halas? COMMISSIONER HALAS: We don't have to bring this forward on another meeting in regards to advertising what they're going to do Page 166 Agenda Item No. 16A 13 January 15. 2008 Page 13 of 14 October 9, 2007 here? MR. SCHMITT: No, sir, it's -- if you deem a temporary-- COMMISSIONER HALAS: It's all on their property then? MR. SCHMITT: Yes, it's all on his property. I have two property owners that agree. It's just a matter of the use. It's an interim measure. It's for the pastor to continue with providing the necessary services he does -- he provides on site. We understand that. It's just a matter of allowing for this to take place. It is an anomaly. The PUD -- you're going to see this PUD as an amendment. The entire SDP will be amended. COMMISSIONER HALAS: Okay. MR. SCHMITT: It's just a matter of you allowing it to take place for a period of time as this thing gets transitioned. COMMISSIONER HALAS: Okay. I understand. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. I just want to say on the record, again, I've spoken to Pastor Mallory and to -- oh, gosh. MR. JOHNS: Randy Johns. COMMISSIONER FIALA: -- Randy -- I'm sorry, Randy, and my only concern was that these trailers are put in place and everything meets -- meets the codes. And once that's done, I don't have a problem with it. I think it's a great mission. MR. JOHNS: Thank you. CHAIRMAN COLETI A: Commissioner Herming, you don't have your light on, but you're looking like you have something to say. COMMISSIONER HENNING: What do you want us to do? CHAIRMAN COLETTA: I want us to go forward and allow him to do it. COMMISSIONER HENNING: Do you need a motion? CHAIRMAN COLETTA: Make a motion. COMMISSIONER HENNING: Motion -- motion to approve what -- Page 167 Agenda Item No. 16A13 January 15, 2008 Page 14 of 14 October 9, 2007 MR. MUDD: Yes, sir, the motion's good. I would just like to memorialize this in an agreement, some kind of an agreement that talks -- I've got Mr. Klahn's signature on this, Pastor Mallory's got his signature on this, it's good for 24 months, it will meet code on hookup, it's for nine trailers, and get it done so that you've got some -- you've got some agreement, because I've got one party, but I don't have the other party. All we have is a phone call. I think it would help us a little bit. COMMISSIONER HENNING: Motion to have the First Assembly of God relocate those trailers on the property and also direct Mr. Schmitt to write up an agreement, a three-party agreement. COMMISSIONER FIALA: Second. .. CHAIRMAN COLETTA: We have a motion by Commissioner Henning, second by Commissioner Fiala. And with that, any other discussion? (No response.) CHAIRMAN COLETTA: Did you have anything else? COMMISSIONER FIALA: Uh-uh. CHAIRMAN COLETTA: All those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 4-0. Thank you for coming today. MR. JOHNS: Thank you. CHAIRMAN COLETTA: Thank you for what you do, too, for our citizens. MS. FILSON: The next speaker is P.J. Obrecht. Page 168