Agenda 09/11/2012 Item #16F 99/11/2012 Item 16.F.9.
Recommendation to approve an Assumption Agreement with Naples Community Hospital,
Inc. in order to continue participation in the Fee Payment Assistance Program, as
originally approved for Anchor Health Centers, LP.A.; and amending certain provisions
within the original agreement, related to job and wage requirements, for consistency with
the requirements of the Fee Payment Assistance Program.
OBJECTIVE: Recommendation that the Board of', County Commissioners (Board) approve,
and authorize the Chairman to sign an Assumption Agjreement with Naples Community Hospital,
Inc. (NCH), replacing the original tenant, Anchor Health Centers, P.A., consistent with the
provisions in the Fee Payment Assistance Program,', which is Article II of Chapter 49 of the
Collier County Code of Laws and Ordinances (Code). Additionally, this Agreement amends
provisions of the original agreement, related to job and wage requirements, for consistency with
the Fee Payment Assistance Program.
CONSIDERATIONS: On September 1, 2006, the County entered into an agreement for Fee
Payment Assistance with Anchor Health Centers, P.A. (tenant) and Naples Investment Group,
LLC., a privately owned, for profit, landowner for the construction of a new medical facility at
the Corner of Collier Boulevard and Lely Cultural, Parkway. In late 2010, Anchor Health
Centers, P.A. was acquired by Naples Community? Hospital, the same business operations
continue to be conducted in the original location awned by the original landowner, Naples
Investment Group.
The requirement for the Fee Payment Assistance Program in Eastern Collier County, where the
project is located, is to provide 10 jobs at 115% of the average wage. The 2006 average wage
was $34,197; therefore, the 115% requirement equals S3 9,327.
Anchor Health Care Centers originally proposed to create 40 new jobs at the project location.
NCH currently employs 27 people at that location, 15 of which are considered new jobs at the
average wage of $82,236, which is 240% of 2006 average wage. These 15 new jobs and average
wage exceed the ordinance requirements. These jobs have been fully verified by both County
staff and a staff member of the Clerk of Courts Intern 1 Audit Department.
The original agreement should have stipulated the rninimum requirements to qualify for this
program which is 10 jobs at 115% of the average wa$e; however, the agreement included all 40
jobs proposed in the application at a higher than required average wage. The Assumption
Agreement provides the opportunity to amend the provisions in order to be consistent with the
Program requirements.
FISCAL IMPACT: There is no fiscal impact related to the approval of the Assumption
Agreement. Job Verification will continue through the original fee payment assistance terms of
ten years with seven years remaining.
Packet Page -3$61-
9/11/2012 Item 16.F.9.
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 County Attorney prepared the Assumption Agreement,
which is legally sufficient for Board action. This item requires majority support for approval. -
JAK
RECOMMENDATION: Recommendation to approve, and authorize the Chairman to sign, an
Assumption Agreement with Naples Community Hospital, Inc. (NCH) in order to continue
participation in the Fee Payment Assistance Program as originally approved for Anchor Health
Centers, P.A.; and amending certain provisions within the original agreement, related to job and
wage requirements, for consistency with the requirements of the Fee Payment Assistance
Program.
Prepared by: Beth Sterchi, Project Manager, Office of Business & Economic Development
Amy Patterson, Impact Fee and Economic Development Manager
Office of Management and Budget
Attachments: 1) Proposed Assumption Agreement
2) Original Agreement
Packet Page -3862-
9/11/2012 Item 16. F.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.9.
Item Summary: Recommendation to approve an Assumption Agreement with Naples
Community Hospital, Inc. in order to continue participation in the Fee Payment Assistance
Program, as originally approved for Anchor Health Centers, P.A.; and amending certain
provisions within the original agreement, related to job and wage requirements, for consistency
with the requirements of the Fee Payment Assistance Program.
Meeting Date: 9/11/2012
Prepared By
Name: PattersonAmy
Title: Manager - Impact Fees & EDC,Business Management &
8/15/2012 10:14:00 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 8/22/2012 8:55:33 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/22/2012 3:40:07 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/23/2012 11:16:16 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 8/23/2012 4:56:27 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgrnt Svs,CMO
Date: 8/31/2012 11:51:38 AM
Packet Page -3863-
9/11/2012 Item 16.F.9.
ASSUMPTION AGREEMENT
This ASSUMPTION AGREEMENT is made and entered into as of 3 _,
2011, by and between Naples Community Hospital, Inc. ( "NCH ") and Collier County, a political
subdivision of the State of Florida ( "County "), collectively stated as the "Parties."
WHEREAS, on September 1, 2006, the County entered into Agreement for Fee Payment
Assistance Program with Anchor Health Centers, P.A., and Naples Investment Group, LLC,
attached hereto as Exhibit A, and hereinafter referred to as "Agreement "; and
WHEREAS, NCH hereby represents to the County that it is the successor in interest to
Anchor Health Centers, P.A., in relation to the Agreement; and
WHEREAS, the application which initiated the Agreement proposed to create 40 new
jobs in Collier County by December 31, 2009, at an average wage of $53,000.00, which is 152%
of Collier County's current average wage; and
WHEREAS, NCH represents to the County that it is eligible to remain in the Fee
Payment Assistance Program (Eastern Collier County) pursuant to criteria set forth in Ordinance
No. 2003 -61, as amended, which requires the creation of a minimum of 10 new full -time jobs at
an average wage of at least 115% of Collier County's current private sector average wage; and
WHEREAS, the parties wish to formalize NCH's assumption of rights and obligations
under the Agreement effective as of the date first above written.
NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which
are acknowledged by the parties, it is agreed as follows:
herein.
The foregoing Recitals are true and correct and are incorporated by reference
2. Paragraph 7 of the Agreement is amended to read as follows:
"By way of example and not as a limitation, the 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 remaining term of this Agreement in which the proposed
development does not have 10 new jobs at an average wage of at least 115% of
Collier County's current private sector average wage."
Packet Page -3864-
9/11/2012 Item 16.F.9.
3. Except as provided herein, NCH accepts and assumes all rights, duties, benefits,
and obligations under the Agreement, including all existing and future obligations to pay and
perform under the Agreement.
4. Except as expressly stated, no further supplements to, or modifications of, the
Agreement are contemplated by the Parties.
5. The County hereby consents to NCH's assumption of the Agreement. No waivers
of performance or extensions of time to perform are granted or authorized. Except as provided
herein, all other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement effective as of the date first above written.
COLLIER COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk FRED W. COYLE, CHAIRMAN
NAPLES COMMUNITY HOSPITAL, INC. (NCH):
By: Attest:
Corporate Secretary
Print Name / Title
Date: Date:
Approved s to
and l�aal. silliffic
Jeffrey
County
2
Packet Page -3865-
i"Il`
Prepared by:
Jeffrey A. Klatzkow
Assistant County Attorney
3301 Tatoiami Trail East
Naples, FL 34112
3910754 9/11/2012 Item 16.F.9.
RBCORDID in OFFICIAL RECORDS of COLLIER COUNTY, FL
10/02/2006 at 02:50PK DWIGHT B. BROCK, CLERK
RBC FBI 61.00
COPIES 7.00
Retn:
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
BIT 7240
AGREEMENT FOR FEE PAYMENT ASSISTANCE PROGRAM
This Agreement for Fee Payment Assistance for the payment of Impact Fees is entered
into this (s-r day of SCPTEMdC-(L, 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 Anchor Health Centers, P.A., and Naples Investment Group, LLC,
hereinafter referred to as "Property Owners ' ,cea� ll'� �efkstated as the "Parties."
f RECITALS:
WHEREAS, Collier
Assistance Ordinance, as it
the Code of Laws and
"Ordinance," provides for
businesses; and
o - '2003 -61,' }the '-Collier County Fee Payment
,payment Assistance
WHEREAS, on April 7,
codified in Chapter 49 of
nafter referred to as the
it of impact fees to qualifying
{ 'mil if
ter submitted an application to be
considered for the Fee Payment Assistance-Vreg -for a project involving the construction of a
15,200 square -foot medical office building, which application proposed to create 40 new jobs in
Collier County by December 31, 2009, at an average wage of $53,000.00, which is 152% of
Collier County's current average wage. A copy of this application is on file in the 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 $387,720.00; and
Packet Page -3866-
j 9/11/2012 Item 165.9.
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:
herein.
L 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 warrants that they are the owners of record of the
Property, and acknowledges that �msuant to the Impact Fee Ordinance
owes impact fees for Road, EMS,
Enforcement, Fire, and Water
set forth in attached Exhibit "B ", i
4. The amount of
and payable and shall be
Property is sold or tra
the first certificate of
�ttat- acfl, >%eneral Government Buildings, Law
in the total amodnt'lb k$347,586.68 as more specifically
Ated- byrefar`ence herein.
Pact. IeOs gtdi by the` fogram Will in all events become due
elf e paid, othe Coin ty" ,by'` the Property Owner if the
out prior written �a roval frQM,the County at any time after
H,
1$, \been issued for the- Levelb6ment and prior to the 10 -year
obligation period, or prior to the \15 -Per &4t r a project within an enterprise
community, and the impact fees must be`patn. fci-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.
Packet Page -3867-
0 9/11/2012 Item 16.F.9.
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 December 31, 2009, in which the proposed development does not have 40 new jobs in
Collier County at an average wage of $53;f�M.; U G:'°
8. Upon the County s/= the Property,
required to verify compliance nvith,'the -tuns of the Orc
the Property Owner is in default'", under
days after written notice is provided to t
to enforce this Agreement or deClareia
l-
and previously paid under thisragram
entitled to recover all fees and costs, inc
in enforcing this Agreement, plus interes
calculated on a calendar day basis until
will provide all documentation
this Agreement. In the event
iefault is not cured within 30
ne¢rrop tty�jAntr,�the County may bring a civil action
t pil6grarfi-B-zaymnt =bf t Aimpact fees not yet recouped
are thence 1rraediatelyu and payable. The County is
�fr r
luding attorney'srfe /es' 'd costs, incurred by the County
Oat imUm statutory rate for final judgments,
paicThe 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 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.
Packet Page -3868-
9/11/2012 Item 16.F.9.
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: ANCHO HE TH RS, A.:
By:
Si ---° _ ° - w.. KENNE R. CO ON MD,
b t' C 0 BESIDE
A
Print Name
Vl iC►
i� %!S
WITNESS: Z` €fiAP INVESTMENT ROUP,
Signed
J �...
Prin Name
STATE OF FLORIDA)
COUNTY OF COLLIER)
of .
2a
to me.
20-2b aw*90 ar
Natant' Pubk Name: ScaLrAM FirviK�tatycJ�s
Expini n Dau: I C) t o t °�
The foregoing Agreement was acknowledged before me this day of
sty , 2006, by Kenneth R. Courington MD, President of Anchor Health Centers,
P.A. and Paul F. Zampell, Managing Member, Naples Investment Group, LLC who is personally
known to me or has produced as proof of
identity.
[NOTARIAL SEAL]
Signature of Pe JnT�aking Acknowledgment
+ r :
Commission as DD2089113
. Expires: Jun 01, 2007
Bonded 7-mu
Atlantic Bonding Co., m.
Packet Page -3869-
9/11/2012 Item 16.F.9.
v•a• •rry
6%01 YV / i
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this day of
�rK l 2006, by James V. Mudd, County Manager, on behalf of the County, who is
personally known to me.
[NOTARIAL SEAL]
�~� k WB@OY A. gAPF
MY COMMISSION II DD 309746
- EANRES. April 12, 2008
gon WIWU wary Ptbk lkdeiwrMers
` i is
Approved as to form and
M.h
1
Signature of P n Taking Ackn wledgment
Jk*h K. Schmitt, Adminidratoi
Community Development and
Environmental Services Division
Packet Page -3870-
9/11/2012 Item 16.F.9.
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 CircuitCourt Collier County, Florida
C)
q
41
4
Packet Page -3871-
EXHIBIT `B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. Road Impact Fee
B. Emergency Medical Services Impact Fee
C. Correctional Facilities Impact Fee
D. General Government Buildings e >- ,
E. Law Enforcement IrnfZab�',F e
F. Fire Impact Fee
emu..,..
G. Water and Sewei Irrlpact Fee
E 5 [p4Pj
TOTAL IMPACT FEES e. R =1
Packet Page -3872-
* ** ( 9/11/2012 Item 165.9.
Amount Owed
$272,830.29
$2,150.78
$3,370.28
$18,191.78
$2,056.83
$3,952.52
5.034.20
$347.586.68