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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 Page 2 of 10 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 Page 1 of 1 Agenda Item No. 16A3 January 13, 2009 Page 3 of 10 file: / /C: \AgendaTest\ Export\ 121- January%2013 %202009\1 6. %2000NSENT %20AGENDA \... 1/7/2009 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 file: / /C: \AgendaTest\ Export\ 121- January%2013 %202009\1 6. %2000NSENT %20AGENDA \... 1/7/2009 Agenda Item No. 16A3 January 13, 2009 Page 4 of 10 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 Page 1 Agenda Item No. 16A3 January 13, 2009 Page 5 of 10 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 Page 2 Agenda Item No. 16A3 January 13, 2009 Page 6 of 10 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 Page 3 Agenda Item No. 16A3 January 13, 2009 Page 7 of 10 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 Page 4 Agenda Item No. January 13, 2009 Page 8 of 10 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 C,- Signature of Person Taking Acknowledgment By:'. ll A PAUL F. ZAMPVLL, MAnaging Member Ci1EFM A. RAYAZAM C=e. -A DD0840W7 OF Mwde NGWYAWL. 11-3 i �� Er�;ra7?J16f2011 YY...... 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 — Lr- � My Commission Expir : I Pages CHERYL A. C,�Y•LEACH c�r:.��s DDOaaoea7 Cw== 7211512011 a------------------------- Agenda Item No. 16A3 January 13, 2009 Page 9 of 10 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 Page 7