Backup Documents 05/13/2014 Item #16K2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP - " '11°
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney ice
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP ('-
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already co et���"'�"\ L.
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 1av 5/1 /14
I•-k
4. BCC Office Board of County `Tl
Commissioners r// k ke-
5. Minutes and Records Clerk of Court's Office
51 16 11
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Amy Patter n, Impact Fee Phone Number 252-5721
Contact/ Department
Agenda Date Item was 5/13/14 Agenda Item Number 16-K-2
Approved by the BCC
Type of Document Assumption and Amendment Agreement Number of Original One
Attached Documents Attached
PO number or account 107-138920-649030
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, ?fly
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 5/13/14 and all changes made during the JAK
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the JAK
BCC,all changes directed by the BCC have been made,and the document is ready for t e
Chairman's signature. V w
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16K2
ASSUMPTION AND AMENDMENT AGREEMENT
This ASSUMPTION AND AMENDMENT AGREEMENT is made and entered into as
of Flay 13 , 2014, by and between 1250 Pine Ridge, LLC, a Florida limited liability
company ("Assignee") and Collier County, a political subdivision of the State of Florida
("County"), collectively stated as the "Parties."
RECITALS:
WHEREAS, Collier County enjoys broad Home Rule Powers, which include the
authority to enter into agreements to enhance economic development within the County; and
WHEREAS, Florida Statute Sec. 125.045 expressly provides that "The governing body
of a county may expend public funds to attract and retain business enterprises, and the use of
public funds toward the achievement of such economic development goals constitutes a public
purpose. The provisions of this chapter which confer powers and duties on the governing body of
a county, including any powers not specifically prohibited by law which can be exercised by the
governing body of a county, must be liberally construed in order to effectively carry out the
purposes of this section;" and further that "it constitutes a public purpose to expend public funds
for economic development activities, including, but not limited to, developing or improving local
infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or
manufacturing plants, leasing or conveying real property, and making grants to private
enterprises for the expansion of businesses existing in the community or the attraction of new
businesses to the community;" and
WHEREAS, on July 12, 2006, the County entered into Agreement for Fee Payment
Assistance Program with Advanced Medical Center, LLC, attached hereto as Exhibit A, and
hereinafter referred to as "Agreement;"and
WHEREAS, Assignee hereby represents to the County that it has purchased the building
which is the subject of the Agreement (hereinafter referred to as the "Facility"), and wishes to
continue its primary use as Medical Offices; and
INSTR 4983944 OR 5038 PG 2708
RECORDED 5/19/2014 8:38 AM PAGES 11
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
Page 1 REC$95.00
16K2
WHEREAS, the Board expressly finds that the primary continued use of this Facility as
Medical Offices will continue to result in substantial economic benefits to the County, including
but not limited to the maintenance and creation of high wage jobs and a net increase to the
County's tax base, and that such economic benefits will continue to flow to the County as long as
the Facility remains open; and
WHEREAS, the parties wish to formalize Assignee's assumption of rights and
obligations under the Agreement effective as of the date first above written, as amended herein.
NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption
and Amendment Agreement, and for other good and valuable consideration, the receipt and
sufficiency of which are acknowledged by the parties, it is agreed as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference
herein.
2. Assignee hereby accepts and assumes all rights, duties, benefits, and obligations
under the Agreement, and County hereby consents to Assignee's assumption of the Agreement,
as modified below.
3. Assignee hereby agrees to primarily maintain the Facility as Medical Offices
through the end of the term of the Agreement, which is October 1, 2017, and County agrees to
waive the annual requirement that the Facility maintain 20 new jobs at an average wage of
$55,735. This Agreement will be in substantial breach upon the failure by Assignee to primarily
operate the Facility as Medical Offices or an equivalent Targeted Industry Business operation
acceptable to the County or pay its tax bill in full to the Tax Collector's Office annually, on or
before the date it is due. County shall have the right to inspect the Facility from time to time to
ensure its continued primary operation as Medical Offices.
Legal Matters
4. 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.
Page 2
16K2
5. This Agreement constitutes the entire agreement between the parties with respect
to the activities noted herein and supersedes and takes the place of any and all previous
agreements entered into between the parties hereto relating to the transactions contemplated
herein. All prior representations, undertakings, and agreements by or between the parties hereto
with respect to the subject matter of this Agreement are merged into, and expressed in, this
Agreement, and any and all prior representations, undertakings, and agreements by and between
such parties with respect thereto hereby are canceled.
6. Nothing contained herein shall be deemed or construed to create between or
among any of the parties any joint venture or partnership nor otherwise grant to one another the
right, authority or power to bind any other party hereto to any agreement whatsoever.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Attest:
DWIGHT E.-BROcK, Clerk BOARD OF COUNTY COMMISSIONERS
COLLIER ,1 UNT , LORIDA
IA-:1 ,t-'A ar By. a, _ rJr-
Attest as to Chilirmalhputy Clerk Tom enning, Chairma I
signature only:
AS TO ASSIG EE:
Si: ed, .ealed =. d 1250 P E RIDGE, LLC, a Florida limited
P eltiv= ed ' " pr ence of: liability o
i BY: /^
-- / .
e Diane J. Brzezins Vas Manager
Punted Name
CS—jl('- ' OC-Q— .
Signature
__-_ _-
St)ERA /E- -r- Approv4 a ts+ .oiin and legality
Printed Name 441 ' "
I? rt!,
Jeffrey A. K I z t' County Attorney
i
Page 3
, 6K2
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this -S day of
`,/t,(C , 2014,by DIANE J. BRZE 0.' , as Manages-.Qf 1250 PINE RIDGE, LLC, a
Florida limited liability company, who is personally kno one or has produced
as proof of identi
7
[NOTARIAL SEAL]
Signar #' aking Acknowledgment
LEO J.SALVATORI
?*: ;.= MY COMMISSION#EE 834441
IT
oc EXPIRES.November 28,2018
of i'' . Bonded Thru Notary Public Underwriters
Page 4
\,\.s1.. E.x\tv or 16K2
Prepared by:
Jeffrey A.Klatzkow
Assistant County Attorney
3301 Tamiami Trail East
Naples,FL 34112
This space for recording Y ,.-, MA ,o
CP MI P-1
Ib„ ,n1►Aw r Y
OS 7t
AGREEMENT FOR FEE PAYMENT ASSISTANCE PROGRAM a
This Agreement for Fee Payment Assistance for the payment of Impact Fees is entered
into this l2''day of -5.,1`1 , 2006, by and between Collier County, a political
or
subdivision of the State of Florida, through its Board of County Commissioners, hereinafter
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referred to as "County," and Advanced Medical Center, LLC, hereinafter referred to as "Property o ° (-I
a. o 00
Owner, collectively stated as the Parties ti o lto
°y 1411 0 - tECITALS/ ' y o
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WHEREAS, Collier Oun# #mini t e- 003-61, the Collier County Fee Payment a� �°
1-8 CZP
Assistance Ordinance, as it <ay ,- •, r �• f i . s , ', /.. ti e, codified in Chapter 49 of r M
the Code of Laws and Or.ina a, e of C -r y `ti 0 4�da h einafter referred to as the R. ,- '—'
.....
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"Ordinance," provides for payment Assistance K p.ym f impact fees to qualifying MI G.
businesses; and , )/ S e w
WHEREAS, on April 7, Ob., ..e Propertt submitted an application to be ,p `�
considered for the Fee Payment AssistairsCt �dg _ r-a project involving the construction of a �,
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28,100 square-foot Regional Headquarters office, which application proposed to create 20 new
CO OW
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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 Fee
oe
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 $412,146.00, and also approved a reimbursement of prepaid
Transportation Impact Fees in the sum of$126,742.68; and
Page 1
16K2
OR: 4071 PG: 1372
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 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 development (hereinafter referred to as the "Property")
is attached as Exhibit"A", and is incorporated by reference herein.
3. 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, nr "{V. *Idings and Law Enforcement in the
total amount of$413,092.70, as '> pecifically set fort' m•-aItched Exhibit "B", incorporated
by reference herein. - ----
4. The amount of he t----Th.I +` it " • 1:`" : ' .11 in all events become due
and payable and shall be i •� u i.to, r p i of he 4, ty b)the Property Owner if the
Property is sold or transferre, m out prior written ; rov.l 111111 he County at any time after
the first certificate of occupan, , been issued fore pf4 ent and prior to the 10-year
obligation period, or prior to the tion ;fbr a project within an enterprise
community, and the impact fees must b b Lin 1 ne 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 2
OR: 4071 PG: 1336 K 2
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 events: (1) any change in the status of the occupancy, type of business
conducted, or compliance with the requirements 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$55,73S:09---
8. Upon the County's milts `O will provide all documentation
required to verify compliance/6th l"ie terms of the Ordina e o this Agreement. In the event
the Property Owner is in default/'unde r` t A. emen and t'e d.fault is not cured within 30
days after written notice is pt-ovi I e• to e •p t) nj, t e o ty may bring a civil action
to enforce this Agreement o d'e, fat •A•y s ,.ym-,1 e f e-i pact fees not yet recouped
and previously paid under thi •1 •_ am are thence im i -di el, ciao, and payable. The County is
entitled to recover all fees and •••- s, 'ncluding attorneys --s?y costs, incurred by the County
in enforcing this Agreement,plus i . it . • ' -{• - •xt statutory rate for final judgments,
calculated on a calendar day basis until paid-•- es ghts 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 and 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 in
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
OR: 4071 PG: 1374
16K2
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 be 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 be paid by the Property Owner.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
WITNESS: ADVANCED MEDICAL CENTER, LLC:
Yeik By:
'
Signed - RE • • . LEACH,MANAGER
May #
Print Name
WITNESS: `' "`
TDigned
! - • 11 /.. c k
Print Name
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this Ia day of
, 2006, by Gregory E. Leach, Manager of Advanced Medical Center, LLC, who
is personally known to me or has produced as
proof of identity.
[NOTARIAL SEAL]
`-signature of Person Taking Acknowledgment
0. commistamitxxelaw
Banded'yawn
ssN•a•32125s) Florida Notary Assn.. c.
h•N ., .
Page 4
16K2
OR: 4071 PG: 1375
COLLIER COUNTY, FLORIDA
By: - ''3/l
J S V. MUDD, COUNTY MANAGER
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this I ;N-t-1-,day of
'Sv\ y- , 2006, by James V. Mudd, County Manager, on behalf of the County, who is
personally khown to me.
. r- k.
[NOTARIAL SEAL] Signature of Person Taking Ackno e�I dgment
r'
" FLORIS r tr. / .).. .------- -,',".4 \.,,,,,
,4 Ste,.,
t
Ap 1 roved as to form and - o�, nd Ap•I-.val:
leg. su c'- y: `
1.'
Allintiki II I
,.l�._ _ 1'�Il A )A
Jeffr•1J A. K ,ti ow ''-'1. ______i_- • er,Director
Assis r t C•I ty Attorney -,, -t� r ens Support and Housing
Page 5
16K2
OR: 4071 PG: 1376
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 South right
of way of State Road 896; thence run North 89°47'28" East, along the South line of said State
Road 896, for a distance of 330.00 feet; ttence..run South 00°06'54" West for a distance of
301.55 feet to a point on the North lin- • , (v_0 Unit No 1, as recorded in Plat Book
3, Page 71 of the public records o Ali- 01.1110.4: o being the South line of Lot 1 of
Presque Isle, according to a pla tb r,•f recorded in Plat :lailit Page 48, of the public records
of Collier County, Florida; t enc nn--South 89°47'07" i st long said North line of said
Sorrento Gardens Unit No. , an+ thShJli•- o sa'd Pres r ue sle, for a distance of 330.00
feet to the point of beginnin . 70:
Containing 99,513.4 square • or lei. f-■
..)
AN_ '�
L.�
Page 6
*** OR: 4071 PG: 1377 16K2
Advanced Medical Center, LLC
1250 Pine Ridge Road,Naples Florida 34105
EXHIBIT"B"
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. EMS Impact Fee $3,455.85
B. Correctional Facilities Impact Fee $3,270.84
C. Road Impact Fee _---^ $373,876.99
D. General Government B 4'e $29,422.57
E. Law Enforcement ' ;`f Fees $3,066.45
� _,.__
TOTAL IMPACT FEES l \ $413,092.70
TOTAL FEE PAYMEN ISTANCE $412,146.00
DUE FROM ADVANCED ni • • CENTE ' t 946.70
WATER,SEWER AND FIRE IMPACT FEES TO BE PAID BY ADVANCED MEDICAL CENTER,LLC
Page 7