Backup Documents 09/26/2017 Item #16F 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1476 F7
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
— fid /
_kVA- ke v�}�n 2( BySvt\ess o411)k (6amu. 1 t�""
2.
3. County Attorney Office County Attorney Office It t2.OLLI
4. BCC Office Board of County '
Commissioners X5 `\1Z\\\--\
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff c" K) Phone Number
Contact/ Department CQJ \'-(2)U1 2( 2- 2s7
Agenda Date Item was 9.oS\.4°'^ed aue,ko Agenda Item Number
Approved by the BCC 00_4/ 1 C \rwt'. (QP .F, \
Type of DocumentNumber of Original
Attached Ame rd 'e lYe21Me-ln+ Documents Attached
PO number or account
number if document is `I
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? *4i f4of 0 Le
2. Does the document need to be sent to another agency for additio al signatures? f yes, c7
provide the Contact Information(Name;Agency; Address;Pho,e)on an attached sheet. , .
3. Original document has been signed/initialed for legal sufficiency. ;11 documen : le
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. (9(r
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board de k
5. The Chairman's signature line date has been entered as the date of BCC approval of the Q
document or the final negotiated contract date whichever is applicable. U`'
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's/�
signature and initials are required. /�
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain ,J c.4 '
time frame or the BCC's actions are nullified. Be aware of your deadlines! �l
8. The document was approved by the BCC on 7ind all changes made during the
meeting have been incorporated in the attached ocument. The County Attorney's cj�k.
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the s( r
Chairman's signature. •
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 6 F 7
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Tuesday, November 21, 2017 4:31 PM
To: 'KentnerJace'; Leslie, Jennifer
Subject: Item #16F7 (9-26-2017 BCC Meeting)
Attachments: Backup Documents 09_26_2017 Item #16F 7.pdf
Hi Jace,
A copy of the first amendment to the Agreement for
an Impact Fee Paymevtt Refuvtd w/Hayvtes Corporation,
from the September 26, 2017 BCC Meeting,
is attacked for your records.
Thank you!
AMA Jervtejokvt, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment Board
Collier County Board Minutes & Records Dept.
23g-25'Z-8406 Fax 239-252-8408
1
1 6F7
FIRST AMENDMENT TO
AGREEMENT FOR IMPACT FEE PAYMENT REFUND BETWEEN COLLIER
COUNTY,FLORIDA
AND
HAYNES CORPORATION
This AGREEMENT is made and entered into as of this 12th day of September, 2017, by
and between Collier County, a political subdivision of the State of Florida (the "COUNTY") and
Haynes Corporation("Haynes").
WITNESSETH
WHEREAS, the Board, having reviewed the application as well as the fmdings of the
County Manager staff,and following public comment on this matter,first approved the application
for Impact Fee Assistance with a Performance Measurement Commencement Date of July 27,
2010;and
WHEREAS, based on its approved application and its reliance on the County's intent to
provide impact fee relief, Haynes prepaid impact fees on January 13, 2012 in the amount of
$78,464,50 and went forward with construction of a 30,000 square foot facility adjacent to an
existing Haynes manufacturing facility on Mercantile Avenue;and
WHEREAS, Haynes received a certificate of occupancy for the facility on August 22,
2013; and
WHEREAS, at its December 10, 2013 regular meeting, the Board directed the County
Manager and the County Attorney to prepare program agreements with Haynes, including the
Impact Fee Payment Refund Agreement,dated December 13, 2010, hereinafter"Agreement"and
attached hereto as Exhibit A,based on Haynes Corporation's originally-approved application;and
WHEREAS, due to a scrivener's error, the Impact Fee Payment Agreement incorrectly
required 20 jobs be created in order for Haynes to qualify for the incentive; and
WHEREAS,the parties believe it is in the best interest of the County and Haynes to correct
the error through an amendment to the Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree to amend the Agreement as set forth below.
1. Incorporate all the above recitals herein as if fully stated.
2. The first sentence of Paragraph 4 of the Agreement is amended as follows:
"This incentive award is a refund by Collier County to refund Hayne's impact fees,contingent on
the creation and maintenance of 28 17 new jobs for 6 years at an average wage of not less than
$34,320 starting from August 1,2010. Haynes represents that it has met this obligation by the first
anniversary of the Performance Measurement Commencement Date. As set forth below, the
County will continue to annually audit Haynes on or about August 1st of each calendar year.
[17-EDC-000471135659911] / } 1
\i/34)
p
j6F7
Provided that Haynes is not in default of this agreement, Collier County shall reimburse Haynes
$78,464.50 after September 1, 2016, and confirmation of compliance. Haynes understands and
agrees that there is no defined funding source for this Impact Fee Payment Refund set out by this
agreement, and as such this grant is subject to appropriation, and further agrees that failure to
satisfy job and wage requirements set forth in the original application and this agreement will result
in a forfeiture of the impact fee refund."
3. All other terms and conditions of Agreement between the COUNTY and Haynes remain
unchanged and are in full force and effect. This First Amendment merges any prior
written and oral understanding and agreements, if any,between the parties with respect
to the matters set forth herein.
IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement
on the day and year first written above.
AS TO THE COUNTY:
ATTEST: �' � BOARD 0 F " TY COMMISSIONERS
DWIGHT E. BROCK;'Cl rk COLLIE , ' 0 ',TY, FLORIDA
By: 0._ ,(41By:
ilerk Penny T or,Chairm.1
Attest 8
$;ketol :
Approved as to form and legality:
Jennife . Belpedio C}
Assistant County Attorne
AS TO ADMINISTRATIVE ENTITY:
HAYNES C• • ' R• TION,
•
►� _ By: /
WITNESS "0• 0, oixkXbutletxx
630,0, .o : ewman, Senior Vice President
WIT SS
Item#
Agenda �
Date __..�_
[17-EDC-00047/1356599/1] Recd �a1�1'1 2
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