Backup Documents 01/13/2009 Item #16A 3
-(n (l:;ec. l(z;z1oq
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
Print on pink pap}A~a~ ~~~C~~,t~?g~~~~,~?s~~!.~~~~~~~~ t~~~~~c;~~o~~~~~~t6dAJ
documents are to be tbn"'arded to the Board Office only after the Boan; has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. [fthe document is already complete with the
exceotion of the Chairman's si~ature, draw a line throuRh routinQ: lines #1 throUl1h #4, comnlete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routinl! order)
1. ~:r V clL\ e 0(\ ~ C t) E S - ;let VV11t'j II J3\6'j
~
2. ..J -)
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive
sunnnary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.
Name ofprimary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
/-\
c'
'{ \ It ,('(so v')
-Oll
f R eXY\tn+'
Number of Original
Documents Attached
::)..\
^C
I.J(I~'"
NFt
0f
AP
Phone Number
Agenda Item Number
l: Forms! County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Q\fAs~ ~(~ \\~ Y\~~~V<\~ ~ C~~~ -t <:> \jl-\~~~D.J-.- ~~qD:,C>
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a fO nate.
Original document 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 ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce 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 nature and initials are re 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 ware of our deadlines!
The document was approved by the BCC on \ ~ U' (enter date) and all changes
made during the meeting have been incorporated ID the attached document. The
Count Attorne '8 Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
'-~'-",,',,~"..._.'- """~"" . '''';'' ,~--~~.".,' ."~".~.- "'-.,~_..--_.~,.-~",-- ..~, .",'.~"
\;J-..
Retn'
CLERK TO THE EOARD
INTEROFFICE 4TH FLOOR
EXT 7240
a?CJ",JC10 /''111. nA~l Pl"'. 400')
.~ J Jun. 't'tf.. u. JJ
RECORDED In the OFFICIAL RECORDS of COLLIER COUNTY. FL REC FEE
0112212009 at 04:02PM DWIGHT E. BROCK. CLBRK COPIES
61.00
7,00
This space for recording
16A3
ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM
AGREEMENT
This Advanced Broadband Infrastructure Investment Program Agreement ("Agreement")
is entered into this i3-K\ day ofJanwtj , 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 I
OR: 4421 PG: 4094
average wage of at least 115 percent of the county's current private-sector average wage; or (2)16 A 3
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 ofwhich is hereby mutually acknowledged, the
Parties agree as follows:
I. 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
availability for each fiscal year. Employer understands that the Ordinance will expire and be void
on October I, 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.
OR: 4421 PG: 4095
16A3
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
_...._._...._~_.,._.-._,._'"----~-----~.__.,._._-----
OR: 4421 PG: 4096
payable. The Board is entitled to recover all fees and costs, including attorney's fees and costs,l 6 A 3
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: (J) 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.
]0. 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
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
J~
BY~
TOM HENN
,CHAIRMAN
By:',Cll...u.L ~O.c...
. '. . . uty Clerk
Attql at to.. ,
.1.......1~
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
REMAINING SIGNATURE PAGE TO FOLLOW
Item# Ulrt3
~~:;da !13-oQ
note 1__"" ..r-a
R,>c'd~1
~
Page 4
OR: 4421 PG: 4097
AS TO ANCHOR HEALTH CENTERS, PA
a Florida Profit Corporation
16A3
WITNESS:
\..A rnn\1( &;;,jYl '\l ) Q()
S fgnature
~(\\Qi\c\Q'B c,'('~<:: C
Printed Name
By: ---:~ ~
ROBERT E. HANSON, M.D., President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this ;) \ S -. day
of }\(;'te ...&",'-.-, 2008, by ROBERT HANSON, as President of ANCHOR. HEALTH
CENTERS, P.A. who is personally known to me or has produced ( V. ,\c'-,,,,,,,,",,, ) as
identification.
.~NOTARIAL SEAL~ ( aL'" 0 (; ~(U t ~j, Ue vl
; e. ~" C Signature of Person Taking Acknowledgment
..., /" ". ~!/ " \'
"
i~" C"
;
(' '~ ~~;
By: '.J (1 ,.J; , (:)./1, '/
PAULF.Z L,M agmgMember
~r1'NESS: j '3 \
\ ~\ 'f'("Tc(0 \ C~\gc )
Si~ature . . -_--, \
<-:J--\'(\'\c'-\'r~ (, --\'.v,.- ;:y-,
Printed Name
r~LU! CHE.m.ARAV~1U 1
I ~I> Co"""'1000640887:
.:::.() . .
I ~.~ ~ E,~..'Oo 2/1512011 I
:: "'%~%;.'t-'> Florida N.Dy Aatn.. 1:-.:: ::
III.............................................
STATE OF FLORIDA
COUNTY OF COLLIER
The fOfegoing instrument was acknowledged before. me this 2 \ 'S T day
of Nc ''iC"~'o-e' , 2008, by PAUL ZAMPELL, as Managmg Member of NAPLES
INV(l~T,MENT -.GROUP, LLC ~ho. is personally known to me or has produced
( ~.... -~ \2 as IdentIficatlOn. ,
[NOTARIAL SEAL] (\ '0... \ U.c,- <L--- L
~ature of erson aki g owledgment
Print Name: Q.\\eI'Y:\ 1\. ~~~ krc..<..\\
My Commission Expires:
Page 5
..u.................".--,......u"..'''n'.'..
, CHERY~ A. I. ./-~[ACH i
L."'.~~ Ce. .,;'000S40887I
. a>>~\ ~"-'--211512011 :
: ~; rj,$ -.;,~..,.j ~
~ <'. ::. .:",\;....s. EJr;~::: ~:~~ryPc:;l.. !...~ ::
- -~".".o "o.e....n'. ':'".I~~U....U"7a.- I
"""--'--"-~'-
Approted a to 0 and
legal slIffi i.
I
Jeffrey f\.. Klatz w
County ~ttomey\ i
Page (,
OR: 4421 PG: 4098
16A3
Recommcnd Approval:
~
Amy Pa t rson, Manager
Impact Fee and Economic Development
Manager
*** OR: 4421 PG: 4099 ***
EXHIBIT "A"
16A3
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
--"~._,.._--,~---------