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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