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Backup Documents 01/24/2012 Item #16A 7ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP A_&,_� In TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip andligi> A documents are to be forwarded to the Board Office only after the Board 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 �xop of the Chairman'. cipn hfi draw a line through muting line-, # 1 through #4- complete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. ;udy4luig GMDJ in Rip i=s Agenda Item Number 16A7 2. Original document has been signed /initialed for legal sufficiency. (All documents to be 3. Job Creation Agreement Number of Original 1 4. Broadband Agreement Documents Attached 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners O1 /off /2 6. Minutes and Records Clerk of Court's Office W PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item ) Name of Primary Staff Contact Amy Patterson Phone Number 252 -5721 Agenda Date Item was January 24, 2012 Agenda Item Number 16A7 Approved by the BCC Original document has been signed /initialed for legal sufficiency. (All documents to be Type of Document Job Creation Agreement Number of Original 1 Attached Broadband Agreement Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 R� %-A./ q: use A c c-4 / 0 � -/ 3 e ac) - b Y� o 3 o Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. 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 of the 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 possibly State Officials.) 2. 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 3. The Chairman's signature line date has been entered as the date of BCC approval of the n document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's A ,l signature and initials are required. �'If 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. n ,� 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 your deadlines! 6. The document was approved by the BCC on 1/24/12 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 R� %-A./ q: use A c c-4 / 0 � -/ 3 e ac) - b Y� o 3 o INSTR 4651754 OR 4759 PG 602 Prepared by: RECORDED 1/27/2012 2:30 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Jeffrey A. Matzkow COLLIER COUNTY FLORIDA County Attorney REC $44.00 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 6 A This space for recording JOB CREATION INVESTMENT PROGRAM AGREEMENT This Job Creation Investment Program Agreement ( "Agreement ") is entered into this ,74 4' day of 3-6 V1 U a 1(y , 2012, 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 Florida Specialties, LCC, hereinafter referred to as "Employer." 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 either the "Program;" and WHEREAS, the Program provides that its purposes "are to: (1) 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 certain stated criteria, including being located in Immokalee Rural Federal Enterprise Community and meets the eligible requirements to participate in the Job Creation Investment program by creating a minimum of five new full -time jobs with an average wage equal to or greater than 50% of the County's then - current, private sector average wage ($19,642); and WHEREAS, Employer submitted an application to be considered for the Program for an expansion Project creating 25 new jobs, paying $19,650, which is slightly more than 50% of the 2010 average wage to be located on a parcel whose legal description is attached as Exhibit A and is incorporated by reference herein. A copy of this application is on file in the Growth Management Division, Impact Fee Administration Office. Employer is proposing to create 25 new, qualifying jobs; and 16A 7 WHEREAS, the County Manager and staff have reviewed the application and, based on the representations therein, found that it complied with the requirements for the Job Creation Investment Program as set forth in the Ordinance; and WHEREAS, at its April 13, 2010, regular public meeting the Board, having reviewed the application as well as the findings of the County Manager and staff, and following public comment on this matter (1) found that Employer meets the requirements for the Program as outlined and set forth in the Ordinance, and (2) directed staff to prepare this Agreement for its review. 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 Board hereby agrees to enroll Employer into the Collier County Job Creation Investment Program under the terms and conditions set forth below to assist Employer in the expansion project. 3. In consideration for such assistance, Employer hereby accepts the benefits and burdens set forth below and in Ordinance 2003 -60, as amended. Should this Agreement conflict with Ordinance No. 2003 -60, the parties agree that the terms of the Ordinance shall prevail. 4. Employer intends to create 25 new, qualifying jobs. 5. Employer is hereby awarded a grant in the sum of $75,000, representing $3,000 per new full time job created, to be paid in phases over a three -year time period after the creation of the jobs. FY 2012 $10,000 First payment FY 2013 $20,000 Second payment First payment FY 2014 $25,000 Third payment Second Payment First Payment FY 2015 $15,000 Third Payment Second Payment FY 2016 $ 5,000 Third Payment Phase I— 10 jobs Phase 1 — 10 jobs Phase 2 — 10 jobs Phase 1 — 10 jobs Phase 2— 10 jobs Phase 3 — 5 jobs Phase 2 — 10 jobs Phase 3 — 5 Jobs Phase 3 — 5 jobs 6. Should at any time over the term of this Agreement the number of qualifying jobs is less then set forth in the payment schedule set forth above, for such payment period the County Manager or his designee will 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. 2 I 6A7 This diminution of grant funds shall be the County's sole remedy should Employer not meet the scheduled job creation. Employer understands and agrees that there is no defined funding source for this Project, and as such these grants are subject to annual appropriation. 7. As a precondition to payment, Employer shall give the County reviewer full access to its business records and business premises as required to certify the created jobs. Employer shall be given 10 business days prior written notice of this review. 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. 9. The County shall record this Agreement in the Public Records of the County, with all costs of recording being paid by Employer. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. l ite ' Attest: DWIGHT E, BROCK clerk At eat as �ity Clerk '311nature Q,1 t .. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA *,—A� W. r, It By: FRED W. COYLE CHAIRIWAN App ve a t and Recommend Approval: legal ncy: Jeffre . latz ow Nick Casalanguida Count tt rney Deputy Administrator Growth Management Division 3 AS TO EMPLOYER Signed, sealed and Delivered in the presence of: JNW-- Signature Printed Name Sig atu ,cQ jra&,�r�� Printed Name STATE OF FLORIDA COUNTY OF COLLIER 16A 7 The foregoing Agreement was acknowledged before me this day of jo-VA , 2012, by oyaoAd k N , as CFC) of Florida Specialties, LLC who is personally known to me or has produced py---r m as proof of identity. [NOTARIAL SEAL] 4gna�ref Person Taking Acknowledgment NOTARY PUBLIC -STATE OF FLORIDA Linda Anders j III-rd's Commission # EE099567 '.�`,.•� Expires: JUNE 02,1015 BONDED THRU ATLA. \TIC BONDUiG CO., INC. 16A 7 EXHIBIT "A" Legal Description 601 East Main Street Immokalee, FL 34142 LOTS 1, 2, 3 AND 4, BLOCK 2, EASTOVER SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 97, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOT 5, BLOCK 2, OF EASTOVER, A SUBDIVISION IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, AS PER PLAT OF COLLIER COUNTY, FLORIDA. A PORTION OF EASTOVER SUBDIVISION AS RECORDED IN PLAT BOOK 1, PAGE 97, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS FOLLOWS: INSTR 4651755 OR 4759 PG 607 RECORDED 1/27/2012 2:30 PM PAGES 6 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $52.50 Prepared by: Jeffrey A. Klatzkow County Attorney _ 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 6 A % This space for recording / ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM AGREEMENT This Advanced Broadband Infrastructure Investment Program Agreement ( "Agreement ") is entered into this ��` day of 2012, by and between Collier County, a J political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "County," and Florida Specialties, LLC, hereinafter referred to an "Employer." 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. 2005 -56, as amended. RECITALS: WHEREAS, on November 1, 2005, The Board of County Commissioners ( "Board ") enacted Collier County Ordinance No. 2005 -56, 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 certain stated criteria, including that the business or project is located within Immokalee Rural Federal Enterprise Community creating a minimum of five new full -time jobs 16A7 with an average wage equal to or greater than 50% of the County's current private sector average wage ($19,359); and WHEREAS, Employer submitted an application to be considered for the Program for a project involving an expansion of their existing Corporate Headquarters creating 25 new jobs, paying $19,650, which is slightly more than 50% of the 2010 average wage, to be located on a parcel whose legal description is attached as Exhibit A and is incorporated by reference herein (which parcel is hereinafter referred to as the "Property "). A copy of this application is on file in the Growth Management Division, Impact Fee Administration Office; and WHEREAS, the County Manager and staff have reviewed the application and, based on the representations therein, found that it complied with the requirements for the as outlined and set forth in the Collier County Advanced Broadband Infrastructure Investment Program Ordinance; and WHEREAS, at its April 13, 2010, regular public meeting the Board, having reviewed the application as well as the findings of the County Manager and staff, and following public comment on this matter (1) found that Employer meets the requirements for the Program as outlined and set forth in the Ordinance, and (2) directed staff to prepare this Agreement for its WaFIMa1.N 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 Board hereby agrees to enroll Employer into the Collier County Advanced Broadband Infrastructure Investment Program under the terms and conditions set forth below to assist Employer in expanding its existing Collier County business located in The Immokalee Rural Federal Enterprise Community in Collier County. 3. In consideration for such assistance, Employer hereby accepts the benefits and burdens set forth below and in Ordinance 2005 -56, as amended. Should this Agreement conflict with Ordinance No. 2005 -56, the parties agree that the terms of the Ordinance shall prevail. 4. 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. 2 16A7 5. 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 availability for each fiscal year. 6. 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. 7. 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. 8. An annual review and audit of performance under this Agreement shall be performed by the County Manager or his designee to determine whether there has been good faith compliance with the terms of this Agreement. Employer shall give the County auditor full access to its business records and business premises as required to certify the created jobs. Employer understands that it must maintain the minimum number of qualifying jobs set forth in the Ordinance over the entire term 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 and audit. In addition to an annual audit, within 10 business days from the County's written request, Employer will provide the County with all requested documentation required to verify compliance with the terms of the Ordinance or this Agreement. 3 16A7 9. 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. 10. In the event Employer is in default under this Agreement, and the default is not cured within 30 days after written notice is provided to 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: (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 audit conducted pursuant to this Agreement, and (3) upon the County Manager or his designee being informed of a material misrepresentation in the Application. 11. The County shall record this Agreement in the Public Records of the County, with all costs of recording being paid by Employer. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk At �s Cl 1t u{1S' Clerk Jirdturt,'� ;n !:a App y s © form and legalu{ R C BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: __ '� s x)�p W. COYLE, Chair Recommend Approval: 0 Nick Casalanguida Deputy Administrator Growth Management Division 4 AS TO EMPLOYER Signed, sealed and Delivered in the presence of: Signature Printed Name Sign to /i 1, fQO f6f Printed Name STATE OF FLORIDA COUNTY OF COLLIER 16A 7 The foregoing Agreement was acknowledged before me this day of an , 2012, by P,0n6 ja a py , as C FD of Florida Specialties, LLC who is personally known to me or has produced P�c..'Lm as proof of ide . y. [NOTARIAL SEAL] Ign e of Person Taking Acknowledgment NOTARY PUBLIC-STATE OF FLORIDA Linda Anders g '-- Commission # EE099567 '.. -` Expires: JUNE 02,201S BONDED THRU ATI.A."C BONDING CO., INC. EXHIBIT "A" Legal Description 601 East Main Street Immokalee, FL 34142 16A7 LOTS 1, 2, 3 AND 4, BLOCK 2, EASTOVER SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 97, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOT 5, BLOCK 2, OF EASTOVER, A SUBDIVISION IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, AS PER PLAT OF COLLIER COUNTY, FLORIDA. A PORTION OF EASTOVER SUBDMSION AS RECORDED IN PLAT BOOK 1, PAGE 97, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS FOLLOWS: