Backup Documents 06/22/2010 Item #16A 4r
10
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN Le j
Print on pink paper_ Attach to original documem. Original documents should be hand delivered to the Board Office. The completed roi �++tt� a6h64,
documents are to he forwarded to the Board Office onl_r alter the Board has taken action on fire item
ROUTING SLIP
Complete routing lines 41 through H4 as appropriate for additional signatures, dates, mid /or information needed, If the document is already complete with the
exception of the Chairman's signature. draw a line through routinK lines N 1 through 44, complete the checklist, and forward to Sue Filson (line k5)
Route to Addressee(s)
(List in routin order
Office
Initials
Date
I . Judy Puig � a{�2 1
CDES Administration
(Initial)
Applic able)
2.
— —
Agenda Item Number
3.
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,
4.
Q(� e
Number of Original
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
Documents Attached
T6t tb
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, including Sue Filson, need to contact staff for additional or missing
Information. All original documents needing the BCC Chairman's signature are to he delivered to the RCC office only after the BCC has acted to approve the
item I
Name of Primary Staff
(�� trek oil
i
Phone Number
�S a — 7
Contact
appropriate.
(Initial)
Applic able)
Agenda Date Item was
_ (�
Agenda Item Number
Approved b the BCC
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,
Type of Document
Q(� e
Number of Original
Attached
1 1 f '0-e W n
Documents Attached
INSTRUCTIONS & CHECKLIST
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I Forms/ County Forms/ BCC Forms/ Original Docume using 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
appropriate.
(Initial)
Applic able)
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
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
signature and initials are re uired.
5.
F
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.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be war of our deadlines!
6document
-
The document was approved by the BCC on b (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.
t Cccou_v,+ ;o( r�ccoy-aItiq i()`7- 13�9Do- (o`fcl o3C)
I Forms/ County Forms/ BCC Forms/ Original Docume using Slip W WS Original 9 -03 04. Revised 1.26.05, Revised 2.24.05
INSTR 4446399 OR 4580 PG 1980 1 6 A 4
RECORDED 6/28/2010 9:06 AM PAGES 6
DWIGHT E. BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT This space for recording
REC $52.50
JOB CREATION INVESTMENT PROGRAM AGREEMENT
This Job Creation Investment Program Agreement ( "Agreement ") is entered into this
NO day of ILA n e 2010, 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 Guadalupe Center, Inc., hereinafter referred to as "Employer," collectively stated
as the "Parties."
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: (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 all of the criteria of one of the following categories: (1) 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
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
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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
the expansion of their education center in Immokalee, Florida, and a copy of this application is
on file in the Impact Fee Administration Office of the Community Development and
Environmental Services Division; 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; and
WHEREAS, the Employer has been successful in creating 25 new, qualifying jobs, and
is committed to maintaining those jobs, as required by the Program.
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 of the first Program payment.
4. The Employer is hereby awarded the sum of $75,000.00, representing $3,000.00 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. The Employer
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understands that the Ordinance will expire and be void on October 1, 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.
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: (1)
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.
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IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Attest:
BOARD OF COUNTY COMMISSIONERS
DWIGHT -- ', TC,;�,Clerk COLLIER COUNTY, FLORIDA,
By By:
y v : ( < cputy Clerk FRED W. COYLE, Chairman
, , f
�trr�l��lli.e
Page 4
AS TO GUADALUPE CENTER, INC.
a Florida Non Profit Corporation
WITNESS:
&aj
S gnature
61VH� 1
Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
By: bux
BARBARA OPPFNHEIM, President
16A4 '
The foregoing instrument was acknowledged before me this 17M day
of 11(a if , 2010, by BARBARA OPPENHEIM, as President of GUADALUPE
CENTER, INC. who is ersonally known t por has produced as
identification.
[NOTARIAL SEAL]
A09M It WO
*WyMNC•Nodf ro
My Canes. Flip AM U. W4
C"WAIM I00IW35
Approved as to form and
le s fficienc
Jeffrey A. Klatzkowy
County Attorney
Signature of Person Taking Acknowledgment
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Recommend Approval:
Y I- O nMnA -\j
Amy Pat rson, Manager
Impact Fee and Economic Development
Manager
16A4
EXHIBIT "A"
OWNERSHIP
ADDRESS
LEGAL DESCRIPTION
Tract "C" of Collier Village, a subdivision, pursuant to the plat recorded in Plat Book 17, Pages
60, 61 and 62, Public Records of Collier County, Florida.
Guadalupe Center, Inc.
509 Hope Street
Immokalee, FL 34108
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