Backup Documents 01/13/2009 Item #16A 2
10 Aec . ifzzJ(ff
''--1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 L A 2
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUIIQ
Print on pink paper. Attach to original document. Original documents should be hand delivererl to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Boon: has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
ex tion of the Chairman's si ture. draw a line tbrou routin lines #1 throu #4. Iete the checklist, and forward to Sue Filson iDe #5 .
Route to Addressee(s) Initials Date
List in routin order
1.
-:-)0
A ctmlrl
I IY 09
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who createdlprepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above. including Sue Filson, need to contact stafffor additional or missing
infmmation. All original docmnents needing the BCe Chairman's signature are to be delivered to the BCe office only after the BCe has acted to approve the
item.
" D~S
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
')5JS7~\
I (p A..J-
IY.?
f'J F-\
M'
!vf
~
.L:vP
6. Minutes and Records
Clerk of Court' s Office
1: Forms! County Forms! Bee Fonnsl Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05, Revised 2.24.05
~\E:AS~ QC~ 1\5 \\~~ 4- ~~z \-t.;:, \:,\-\?:>~qDd.... ~~qc:BO
Name of Primary Staff
Contact
Agenda Date Item was
oved b the BCC
Type of Document
Attached
Number of Original
Documents Attached
I~ )(( t'\er)U ()
Phone Number
;....,
Agenda Item Number
1- '1,
A
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable colnmn, whichever is
a riate.
Original docwnent has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attomey. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office aud signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Qerk to the Board and ssibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ture and initials are uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
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 our deadlines!
The docnment was approved by the BCC on 1 ,i ! (enter date) and all changes
made during the meeting have heen incorporated n the attached document. The
Coun Attorne 's Office has reviewed the chan eo if a licable.
2.
3.
4.
5.
6.
v
Retn'
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
EXT 7240
n'~35'1 ~n. 44'1 p~' 4106
'tI:.J I. Vl\. I. 1.1. REC m
RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY. PI COFIBS
01/22/2009 at 04:06PM DWIGHT E, BROCK. CLERK
61.00
7.00
This space for recording
JOB CREATION INVESTMENT PROGRAM AGREEMENT
16A2
This Job Creation Investment Program Agreement ("Agreement") is entered into this
13#. day of :Jo.nuar j ,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 "Employers," collectively stated as the "Parties." All capitalized terms not defined
herein shall have the same meaning as set forth in the Collier County Job Creation Investment
Program Ordinance, Ordinance No. 2003-60, as amended.
RECITALS:
WHEREAS, on November 18,2003, The Board of County Commissioners ("Board")
enacted Collier County Ordinance No. 2003-60, commonly referred to as the Collier County Job
Creation Investment Program Ordinance, codified as Article III 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: (I) provide a
performance-based program offering financial relief for eligible targeted industry development
or expansion projects in Collier County to mitigate the effects of rising fees, along with
escalating relocation and expansion costs, associated with these projects; (2) provide for the
economic well being of Collier County residents by providing high-wage employment
opportunities in Collier County; (3) lessen the seasonal cycle of Collier County's economy; and
(4) encourage investment opportunities for new or existing businesses 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: (I) The business or
project is located within Eastern Collier County; is within the targeted industry list of the
Economic Development Council of Collier County; and creates a minimum of 10 new full-time
jobs paying an average wage of at least 115 percent of the County's current private-sector
average wage; or (2) The business or project is located within the boundary of the Immokalee
Rural Federal Enterprise Community and creates a minimum of five new full-time jobs paying
an average wage equal to or greater than 50 percent of the County's current private-sector
Page I
OR: 4421 PG: 4107
16A2
average wage; or (3) The business or project is a high impact project, located outside the
enterprise community and Eastern Collier County; is within the targeted industry list of the
Economic Development Council of Collier County; and creates a minimum of 20 new full-time
jobs paying an average wage equal to or greater than 150 percent of the County's current private-
sector average wage; and
WHEREAS, the Employer submitted an application to be considered for the Program for
a business or project involving relocation of corporate headquarters to Naples, Florida. A copy
of this application is on file in the Community Development and Environmental Services
Division, Business Management and Budget 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 execution by the County, and will terminate on
the third anniversary ofthe first Program payment.
4. The Employer is hereby awarded the sum of $80,000.00, representing $2,000.00 per
new full time job created. The funds will be paid in equal installments over a three-
year time period, at the beginning of each fiscal year, following the date the newly
created jobs are in place and verified by the County Manager or his designee. Should
at any time over the term of this Agreement the number of qualifying jobs is less then
set forth in the application, then the County Manager or his designee may authorize a
lesser sum be paid based on the actual number, provided that the actual number meets
or exceeds the minimum number of qualifying jobs set forth in the Ordinance. This
award is subject to funding availability for each fiscal year. Employer understands
that the Ordinance will expire and be void on October 1, 2013, unless continued by a
Page 2
--~"------_._-
OR: 4421 PG: 4108
'. . 16A2
vote of the Board pnor to thiS date, and as such, the mstallment payments hereunder
could be discontinued as well.
5. 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. Employer shall give the County reviewer full access to its business
records and business premises as required to certify the created jobs. 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.
6. 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.
7. 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 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: (I)
any change in the status of the business or project such that it no longer meets the
required Program criteria; (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.
8. The County shall record this Agreement in the Public Records of the County, with all
costs of recording being paid by the Employer.
Page 3
OR: 4421 PG: 4109
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written. 16 A 2
Attest:
DWIGHT E. BR~Cj(, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
\ .' ,,>
BY:~ '1!:t~nt:..
.., . ,.; l:leJ(!h Clerk
AtteSt ... to Clot.... ,
Itlll.tin OIl' ~/
an
Item# jLo;t?
Agenda 1....l'2-r-a
Date ~ \
:~d 1--'l2-ff1
Page 4
OR: 4421 PG: 4110
AS TO ANCHOR HEALTH CENTERS, P.A.
a Florida Profit Corporation
16A2
WITNESS: ~
~,~~ hU1Ql/l By: ~~ ..--:::::>
Si ~e i.!\\O.\tJ. ~c,,\::'e-, ROBERT E. HANSON, M.D., President
1\ ' ) \ v...J?
tJ 0:11-1 \ - r.>,,..)<J-' '-'
Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this ,21'S' day
of NC-''i~X\- ,2008, by ROBERT HANSON, as President of ANCHOR HEALTH
CENTERS, P.A. who is personally known to me or has produced D",\,~",,(.t, \ (:1\",- ",,'I as
identification.
[NOTARIAL SEAL]
. ~~<L./L
~ESS:
lCA I.1CiLA.CrI j LLD J
By: \J~J; ~~hdJ~.'
PAUL F. ZAM L, Malfaging Member
Signatllre
-f\\\Q,.,v\c..
Printed Name
~'""'~\'
'_...ciiRVLA."AAv:mACH....nl
I. CornmIJDDOlt40887
. ElqllNa2l1l1/2011 :
!~.. _~Aoon.,lnc!
;.......':...........................0.........
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 2\-:,. day
of Nc'c....,\",. '-J 2008, by PAUL ZAMPELL, as Managing Member of NAPLES
INVESTMENT GROUP, LLC who is personally known to me or has produced
(-r<<'O'\OI'{)'\ \(t\D\.U\ I as identification.
[NOTARIAL SEAL] (...~.
Signature 0 owledgment
Print Name: ~I'U \ 1\'. KAI1' l.eCd'.k
My Commission Exp/tes: .
Page 5
....,............................................1
: CHERYl. A. RA Y-lEACH
!.. Comm#tlOO640887 i
! f_ ExpIru2/1512011 !
: ~"..rIJ FIorIdaNotaryAs<n..'-':
F.~",c.~'~;~~~':'""","..n~"c..". -
Approved as to form and
lega s c' y:
y
Page 6
OR: 4421 PG: 4111
16A2
Recommend Approval:
~~
Amy Pa t rson, Manager
Impact Fec and Economic Development
Managcr
*** OR: 4421 PG: 4112 ***
EXHIBIT "A"
16A2
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