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Backup Documents 09/11-12/2012 Item #16F10Il lJ 1 J`- � • ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO {v THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT L ('� Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routin ip o mall u 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 exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1 aimrooriate. (Initial) Applicable) 2. September 11, 2012 Agenda Item Number 16F(10) 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed AP 4. Amendment to Agreement Number of Original I 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office 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 need to contact staff for additional or missing information. All original documents needine 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 Amy Patterson Phone Number 252 -5721 Contact aimrooriate. (Initial) Applicable) Agenda Date Item was September 11, 2012 Agenda Item Number 16F(10) Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed AP Type of Document Amendment to Agreement Number of Original I Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST *Please use #107 - 138920 - 649030 for recording. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not aimrooriate. (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 AP 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 NA 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 AP 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 AP si nature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip AP should be provided to Ian Mitchell 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 your deadlines! 6. The document was approved by the BCC on 9/11/2012 (enter date) and all changes AP made during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the changes, if applicable. *Please use #107 - 138920 - 649030 for recording. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16FIu MEMORANDUM Date: October 18, 2012 To: Amy Patterson, Impact Fee & EDC Manager Business Management and Budget Office From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: A Recorded Amendment to the Agreement with Animal Specialty Hospital of Florida, LLC correcting a Scrivener's error Attached for your records is a copy of the document referenced above, (Item #16F10) approved by the Board of County Commissioners on Tuesday, September 11, 2012. The Minutes and Record's Department has held the original document for the Board's Official Record. If you have any questions, please call me at 252 -8406. Thank you. Attachment i, 16F10 AMENDMENT TO JOB CREATION INVESTMENT PROGRAM AGREEMENT THIS AMENDMENT is entered into this day of4t_ 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 Animal Specialty Center of Florida, LLC, (a/k/a Animal Specialty Hospital of Florida, LLC) hereinafter referred to as "Employer," collectively stated as the "Parties." RECITALS: WHEREAS, Collier County Ordinance No. 2003 -60, the Collier County Job Creation Investment Program Ordinance, as amended and codified in Chapter 49 of the Code of Laws and Ordinances of Collier County, Florida, provides for Job Creation incentives to qualifying businesses; and WHEREAS, upon approval of the Employer's application for the Job Creation incentives, the Parties entered into an Agreement for the Job Creation Investment Program, which is dated January 24, 2012, and recorded in Official Records Book 4759, Pages 597 et seq., hereinafter referred to as the "Agreement;" and WHEREAS, the Parties wish to correct scrivener's errors identified in the Agreement relating to the average wage criteria. 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: herein. 1. The foregoing Recitals are true and correct and are incorporated by reference 2. The third WHEREAS clause of the Agreement is amended as follows: "WHEREAS, to be considered eligible for approval under this Program, a business or project must meet certain stated criteria, including creating 10 new jobs at 115% (or greater) of the then - current Collier County average wage (Q^400 $45,178.00); in Eastern Collier County; and" INSTR 4751455 OR 4845 PG 2373 RECORDED 10/1512012 LERK4 FM HE CIRCUIT COURT DWIGHT E. BROCK, COLLIER COUNTY FLORIDA Page 1 REC $2700 INDX $2.00 16F10 3. Paragraph 4 of the Agreement is amended as follows: "Employer intends to create 28 new, qualifying jobs; 22 new jobs in FY2011 (as verified by staff), 3 new jobs in FY 2012, and 3 new jobs in FY 2013, at 115% (or greater) of the then - current Collier County average wage ($44,527.00 $45,178.00); in Eastern Collier County." 4. Except as amended above, all other terms and conditions of the January 24, 2012 Agreement remain in full force and effect. This Amendment and its provisions merge any prior agreements, if any, between the parties with respect to the matters set forth in this Amendment. 5. This Amendment shall be recorded in the Public Records of the County, at the expense of the County, within sixty (60) days of its approval. IN WITNESS WHEREOF, the Parties have executed this Amendment to Job Creation Investment Program Agreement, on the date and year first above written. fittest � • . � , ry DWIG% HT E B,. ,( K Clerk BOARD OF COUNTY COMMISSIONERS COLLIER C LINTY, FLORIDA By; lz� By: �nuty Clerk FRED W. COYLE, Chairman Page 2 Recommend Approval: nz� P my Pattqtfon, Impact Fee Manager Impact Fee Administration AS TO EMPLOYER Signed, sealed and Delivered ' he presence o£ Signature Printed Name ignaturg Tae✓ san Printed Name STATE OF FLORIDA COUNTY OF COLLIER 16F10 Eric (tarnes` ;-Hospital Administrator, and Managing Member of FVNIC, LLC, the Managing Member of Animal Specialty Center of Florida, LLC, (a/k/a Animal Specialty Hospital of Florida, LLC) S i s rt a 4-L,i r�e (�-V` Cr in 1- ed N a wt �2 The foregoing Agreement was acknowledged before me this day of V , 2012, by Eric Carnes, individually and as Managing Member of FVNIC, LLC, the Managing Member of Animal Specialty Center of Florida, LLC, (a/k/a Animal Specialty Hospital of Florida, LLC) who is personally known to me or has produced ..6 (4 ) as proof of identity. [NOTARIAL SEAL] Linda S. Van Den Bergh 4 '- Commission # DD 932764 > oP ' Expires February 13, 2014 A.',��y.•`• Borded Thru Troy Fain Insurance 800.385 -7019 Signa re Vf Person Taking Acknolkledgment Page 3 INSTR 4651753 OR 4759 PG 597 RECORDED 112712012 2:30 PM PAGES 5 16FID DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA ,REC $44.00 INDX $2.00 Prepared by; Jeffrey A. Kiatzkow County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 This space for recording JOB CREATION INVESTMENT PROGRAM AGREEMENT This Job Creation Investment Program Agreement ( "Agreement ") is entered into this day of jctwar" , 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 Animal Specialty Center of Florida, LLC, (a/k/a Animal Specialty Hospital of Florida, LLC) 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 creating 10 new jobs at 115% (or greater) of the then - current Collier County average wage ($44,527.00); in Eastern Collier County; and WHEREAS, Employer submitted an application to be considered for the Program for a new 24 -hour specialty referral & emergency animal hospital project, located at 10130 Market Street, Naples, Florida, 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 28 new, qualifying jobs at 115% or greater average wage; and Page l OR 4759 PG 598 16F10 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 theOrdinance; and WHEREAS, at its October`26, 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 creating a 24 -hour specialty animal hospital. 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 28 new, qualifying jobs; 22 new jobs in FY 2011 (as verified by staff), 3 new jobs in FY 2012, and 3 new jobs in FY 2013, at 115% (or greater) of the then - current Collier County average wage ($44,527.00); in Eastern Collier County. 5. Employer is hereby awarded a grant in the sum of $56,000.00, representing $2,000.00 per new full -time job created, to be paid in phased amounts over a three -year time period as follows: a. FY 2012 $14,666.00 First payment Phase 1 — 22 jobs FY 2013 $16,667.00 Second payment Phase 1 — 22 jobs First payment Phase 2 — 3 jobs FY 2014 $18,667.00 Third payment Phase 1 — 22 jobs Second payment Phase 2 — 3 jobs First payment Phase 3 — 3 jobs Page 2 OR 4759 PG 599 FY 2015 $4,000.00 FY 2016 $2,000.00 Third payment Phase 2 — 3 jobs Second payment Phase 3 — 3 jobs Third payment Phase 3 -- 3 jobs 16F10 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. 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. Attest: �rv'a' t n DWIG1 : 4,p erk _ r..^ 7+ n L J;L irnatur .1XVIVI Approv as form and legal sucjem.- • Jeffrey A. Tor County A BOARD OF COUNTY COMMISSIONERS COLLI OUNTY, FLORIDA By y Clerk FRED W. COYLE , Chairman Re m end approval: Nick Casalanguida, Dep dministrator Growth Management Division — Planning and Regulation Page 3 OR 4759 PG 600 AS TO EMPLOYER Signed, sealed and Delivered in the presence of: By: Signature fllc- ,V�e 1 S, l.e.0 Printed N e I 't ) '- (I - I, �v Signature cam Prlyde8 Name STATE OF FLORIDA COUNTY OF COLLIER 16F10 Managing Member of FVNIC, LLC, the Managing Member of Animal Specialty Center of Florida, LLC, (a/k/a Animal Specialty Hospital of Florida, LLC) The foregoing Agreement was acknowledged before me this ia- day of 2012, by Eric Carnes, individually and as Managing Member of FVNIC, LLC, e Managin Member of Animal Specialty Center of Florida, LLC, (a/k/a Animal Specialty Hospital of Florida, LLC) who is pers lly known to me or has produced 7 \ W V as proof of iden ity n [NOTARIAL SEAL] Page 4 of Person SHARON SUE FRA23ER MY COMMISSION 1 EE 035411 ` EXPIRES: October 28, 2014 eoc Rye °e Bonded Thu Budget Notary Smicea * ** OR 4759 PG 601 * ** EXHIBIT "A" Legal Description 16F1O Market Center Lot 3, Less that portion for Right -of -Way as described in O.R. 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