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Resolution 2003-232 16Al RESOLUTION NO. 03--=.2..J2 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPORTING MARCH PERFORMANCE, INC., AS A QUALIFIED APPLICANT PURSUANT TO SECTION 288.106, FLORIDA STATUTES; ASSIGNING ROADWAY MAINTENANCE RESPONSIBILITIES FOR A ROAD TO BE CONSTRUCTED INTO THE NORTH NAPLES RESEARCH AND TECHNOLOGY PARK PURSUANT TO A ROADWAY MAINTENANCE AGREEMENT AS REQUIRED BY SECTION 288.063, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the policy of the State of Florida and Collier County to encourage the growth of high value-added employment and the economic base by providing economic inducements to qualified targeted industries that create high-wage job opportunities; and WHEREAS, March Performance currently has its operations and corporate headquarters in Michigan but is considering a move to Collier County, Florida; and WHEREAS, March Performance will create up to 40 net new jobs in Collier County by March, 2004; and the average wage for the additional jobs will total $54,570.00, which is 185% of the Collier County's 2000 average wage; and WHEREAS, Collier County has applied for $200,000 in funding from the State of Florida through the Economic Development Transportation Fund as an enticement for March Performance, a manufacturer and designer of components for high performance automobiles, to locate to Collier County, Florida; and WHEREAS, Collier County was awarded $200,000 in grant funding from the State of Florida through the Economic Development Transportation Fund to construct a 2-lane access road from Old U.S. 41 to the proposed site of March Performance in the newly designated North Naples Research and Technology Park, along with left and right turn lanes on Old U.S. 41 at the access road ("the Project"); and WHEREAS, construction for this Project will be contracted out by either the County or the developer of the Project, as outlined in County bid procedures; and WHEREAS, the State requires County as the grantee, to provide a resolution, adopted by the Board of County Commissioners in which the proposed Project is to be located, accepting maintenance responsibility of said transportation improvements; and lof2 16Al WHEREAS, it is the intent of Collier County to assign maintenance responsibility of the new roadway to the developer of the North Naples Research and Technology Park and the related property owners' association; and WHEREAS, the developer of the North Naples Research and Technology Park has acknowledged its desire to accept future roadway maintenance of this Project's access road into its property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board of County Commissioners hereby assigns any and all future roadway maintenance responsibility for the Project's access road located at the entrance into and on the North Naples Research and Technology Park to the Park's developer and its property owners' association, as set forth in the attached Roadway Maintenance Agreement, which is incorporated by reference as part of this Resolution. BE IT FURTHER RESOLVED that the necessary commitment of local support contingent on March Performance maintaining the jobs during the life of the incentive and ensuring that its hiring practices are consistent with and reflect the diversity of the Collier County community. This Resolution adopted after motion, second and majority vote favoring same. DATED: 1~2.9-03 ATTEST: DWIGHJ'fr.qI}O(::K . "",.'.." "'.' ~ '. .l',,-"':.(?~, . ~; ~l ~~,~ '<;" ,bdpJ.!~yClerk ~.., to,,~f"""'S s1gnatutt' Qftl,. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: ..........- -.-. 20f2 16Al STATE OF FLORIDA OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT TRANSPORTATION FUND AGREEMENT This Agreement (OT03-l 0 1) is entered into this day of 2003, between the State of Florida Office of Tourism, Trade, and Economic Development (OTTED) and Collier County (County) on behalf of March Performance (EDTF Business). OTTED and the County are sometimes hereinafter referred to as a "Party" and collectively as the "Parties. " WHEREAS, OTTED has determined that the transportation project described in the Economic Development Transportation Fund (EDTF) Application, incorporated by reference herein and attached as "Exhibit A" and hereinafter referred to as the "Project," is necessary to facilitate the economic development and growth of the State as contemplated by Section 288.063, Florida Statutes; and WHEREAS, the County is prepared tq,. complete the Project at an estimated total cost of $282,738; and WHEREAS, OTTED is prepared to provide $200,000 toward the total project cost of construction of the transportation project described in Section 1.0. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: \ \ .. II C '. ,..,-r j\ C< Yf \ 0 \ \ \. 16Al 1.0 PROJECT DESCRIPTION: The Project, identified as Project Number 03-00005, is described as follows and is in connection with the location of facilities by the EDTF_Business: Construct a two-lane access road from Old U.S. Highway 41 to the EDTF Business' proposed site; and, construct left and right turn lanes on Old U.S. Highway 41 at the access road. 2.0 TERM: The term of this Agreement shall commence upon execution and continue through February 16,2005, unless terminated at an earlier date as provided herein. Only project costs incurred on or after the effective date of this agreement and on or prior to the termination date of the agreement are eligible for reimbursement. 3.0 PARTIES: The parties and their respective addresses for purposes of this Agreement are as follows: STATE OF FLORIDA OFFICE OF THE GOVERNOR OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT THE CAPITOL, SUITE 2001 TALLAHASSEE, FLORIDA 32399-0001 FAX: 850/487-3104 COLLIER COUNTY 3301 EAST T AMIAMI TRAIL NAPLES, FL 34112 FAX: 239/774-3602 4.0 NOTICES: All notices pertaining to this Agreement shall be in writing and shall ?e transmitted either by personal hand delivery; United States Post Office, return receipt requested; or, overnight express mail delivery. Facsimile transmission or confirmed e-mail may be used if the notice is also transmitted by one of the preceding forms of delivery. The addresses set forth 2 16Al above for the respective parties shall be the places where notices shall be sent, unless prior written notice of change of address is given. 5.0 ADMINISTRATORS: The State EDTF Grant administrator is Wynnelle Wilson, Chief Analyst for Policy & Incentives The County Agreement Administrator is All approvals referenced in this agreement must be obtained in writing from the parties' agreement administrators or their designees. 6.0 RELEASE OF FUNDS: Project funds made available by OTTED shall not be released until the following have been satisfied: (a) The County shall agree by resolution to accept future maintenance and other attendant costs occurring after completion of the Project for the portion of the Project on the County system and forward said resolution to OTTED; (b) The County shall certify to OTTED that the EDTF Business referred to in Section 1.0 above has secured the necessary permits, including but not limited to, building permits, and initiated vertical construction of the facilities referenced. If the County fails to provide such certification to OTTED by January 19, 2004, OTTED may, at its discretion, terminate this Agreement; ,,; (c) The County shall verify all invoices, statements, or other related documents duly submitted to the County for pre-audit and approval by the County; (d) The County shall certify that its adopted local government comprehensive plan is in compliance with Chapter 163, Part II, Florida Statutes, and that any amendments to the adopted plan related to the Project or EDTF Business facility have been qetermined by the Department of Community Affairs to be in compliance with Chapter 163, Part II, Florida Statutes; 3 16Al (e) The County shall provide to OTTED certification and a copy of appropriate documentation substantiating that all required right-of-ways have been obtained and meet the definition of right-of-way set forth in Section 334.03(22), Florida Statutes; and, (f) Provide OTTED with written notification of either its intent to: (i) Award the construction of the transportation project to the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. The County shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or (ii) Construct the transportation project utilizing existing County employees, if the County can complete said project within the time frame in Section 15.0 of this Agreement. 6.1 TRANSFER OF FUNDS: Upon execution of this Agreement by OTTED and upon written request from the County, OTTED will transfer funds to the County to be applied toward direct Project costs on no more than a quarterly basis consistent with project needs. 6.2 INVESTMENT OF FUNDS: Funds transferred to the County by OTTED shall be invested by the County until their actual expenditure, in such income or revenue producing investments as authorized by law for other COJmty funds. All income, interest, or other revenues obtained from such investment shall be considered funds of OTTED. The income, interest, or other revenues shall be remitted to OTTED on a quarterly basis within fifteen (15) days of the close of the months March, June, September, and December, regardless of the month in which funds were received. Upon completion of the project, all remaining income, interest, or other revenues shall be returned to OTTED. All refund or interest checks shall be. made payable to: EOG/OTTED, and mailed to the OTTED address in Section 3.0 of this Agreement; with the Project Number referenced and information that identifies the grant, interest period, amount of 4 16Al interest earned by account, name of depository, and interest rate. The documentation submitted to support interest earnings should include copies of bank or investment account statements, computational work sheets, etc. 6.3 USE OF FUNDS: Funds made available by OTTED pursuant to this Agreement shall be expended in a timely manner and solely for the purpose of the approved Project. No such funds shall be used for the purchase of any capital equipment, landscaping, mitigation planting, water and sewer lines, for any legal action against OTTED, for the administration of the project fund, or costs associated with preparation of the application. 7.0 LOBBYING: Funds may not be used for the purpose of lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. 8.0 ASSURANCES: As an inducement to the transfer of funds referred to in Section 6.1 above, the County grants the assurances that, if initiated, the Project will be carried through to its completion and will not require the expenditure of any additional funds from OTTED. The County shall be liable for all cost overruns on the Project. 9.0 DESIGN AND CONSTRUCTION STANDARDS: The County agrees to design and construct the Project in accordance with standards developed by the Florida Department of Transportation (DOT) in accordance with Section 336.045, Florida Statutes, and to provide certification of same to OTTED upon completion of the Project. A professional engineer, registered in Florida, shall provide the certification that all design and construction for the Project meets the minimum construction standards established by DOT. 5 16Al 10.0 MINORITY VENDORS: The County is encouraged to utilize "minority business enterprises," as defined in Section 288.703, Florida Statutes, as subcontractors or sub-vendors when permitted under this Agreement and shall report same to OTTED. 11.0 ACCOUNTING. REPORTS. AND AUDITS: The County agrees: (a) To comply with all requirements found in Section 215.97, Florida Statutes, and the applicable audit and record keeping provisions contained in "Exhibit B," attached to this Agreement and incorporated by reference herein. (b) To include the audit and record keeping requirements from "Exhibit B" in contracts and subcontracts entered into by the County with any party for work required in the performance 0 f this Agreement. (c) That three (3) months after the date of execution of this Agreement and every three (3) months thereafter, the County will provide OTTED with quarterly progress reports. Each quarterly report shall contain a narrative description of the work completed according to the project schedule; a description of any change orders executed by the County; a budget summary detailing planned expenditures versus actual expenditures; and identification of minority business enterprises used as contractors and subcontraetors. Records of all progress payments made for work in connection with such transportation projects, and any change orders executed by the County and payments made pursuant to such orders, shall be maintained by the County in accordance with accepted governmental accounting principles and practices and shall be subject to financial audit as required by law. (d) The County shall submit to OTTED a financial audit. conducted by an independent certified public accountant, pursuant to Section 288.063(8), Florida Statutes, within three (3) months of the release of County's annual audit. 6 16Al 12.0 TERMINATION REPORT: Upon termination of this Agreement, the County will provide the following: (a) Certification that the Project has been completed in compliance with the terms and conditions of this Agreement and meets minimum construction standards established in accordance with Section 336.045, Florida Statutes. (b) A report which shall specify the following: (i) the total funds transferred to the County by OTTED pursuant to this Agreement; (ii) the total income, interest, or other revenues obtained from the investment of said funds; (iii) the total direct Project costs paid from funds made available by OTTED pursuant to this Agreement; (iv) the balance of any unexpended Project funds; (v) the actual amount of the EDTF Business' capital investment; and (vi) the actual number ofpermanent, full-time jobs created by the EDTF Business. 13.0 FOLLOW-UP REPORT: Two (2) years after the EDTF Business has completed the construction associated with this Project, the County will provide OTTED with the actual number of new, permanent, full-time jobs created by the EDTF Business. 14.0 INDEPENDENT CAPACITY: The County shall act as an independent contractor and not as an employee of OTTED in the perfermance of this Agreement. The County agrees to take such steps necessary to ensure that each subcontractor of the County will be deemed to be an independent contractor and will not be considered or permitted to be an agent of the State. The County will not pledge the State's credit or make OTTED a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 7 16Al 15.0 COMMENCEMENT: Unless terminated earlier, the construction of the Project shall commence no later than October 20, 2003, and shall be completed on or before February 17, 2004. OTTED shall have the immediate option to terminate this Agreement should the County fail to meet either ofthe above-required dates. 16.0 UNEXPENDED FUNDS: Upon termination or expiration of this Agreement, any funds made available by OTTED pursuant to this Agreement but not expended at that time shall be returned to OTTED. All investment earnings realized pursuant to Section 6.2 of this Agreement shall be returned to OTTED. 17.0 EXPENDITURES IN VIOLATION OF AGREEMENT: Any Project funds made available by OTTED pursuant to this Agreement which are determined by OTTED to have been expended by the County in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to OTTED. Acceptance by OTTED of any documentation or certifications, mandatory or otherwise permitted, that the County files shall not constitute a waiver of OTTED's rights as the funding agency to verify all information at a later date by audit or investigation. 18.0 TERMINATION OF AGREEMENT: Either party may terminate this Agreement upon no less than 24 hours notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. In the event the County fails to perform or honor the requirements and provisions of this Agreement, the County shall return funds in accordance with Sections 16.0 and 17.0 of this Agreement within 30 days of the termination of this Agreement. 19.0 TRAVEL: There shall be no reimbursement for travel expenses .exceeding the all- inclusive funds allocated in this Agreement. 8 16Al 20.0 MODIFICATION OF AGREEMENT: In the event the County desires to modify any of the terms and conditions of this Agreement, the County shall make such request for modification in writing to OTTED at any time during the term of this Agreement. However, if the request for modification relates to changes in the project commencement and/or project completion dates, such request must be received by OTTED prior to the expiration of the current commencement or project completion date. If such a request is made after the expiration of the above referenced date, OTTED shall have the option to terminate this Agreement. 21.0 ATTORNEY FEES: Unless authorized by law and agreed to m writing by OTTED, OTTED will not be liable to pay attorney fees, interest, or cost of collection. 22.0 PRESERVATION OF REMEDIES: No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement, will impair any such right, power or remedy of either party; nor will such delay or omission be construed as a waiver of any breach or default or any similar breach or default. 23.0 ENTIRE AGREEMENT: This instrument embodies the entire agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previa us communication, representation, or agreement, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by the parties. 24.0 SEVERABILITY: If any term or provision of the Agreement is found to be illegal, invalid, or unenforceable, the remainder of the Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. 9 16Al 25.0 STRICT COMPLIANCE WITH LAWS: The County agrees that all acts to be performed by it in connection with this Agreement shall be performed in strict conf?rmity with all applicable laws and regulation of the federal government and State of Florida. 26.0 NON-DISCRIMINATION: The County will not discriminate against any employee employed in the perfonnance of this agreement, or against any applicant for employment because of age, race, creed, color, handicap, national origin, or sex. The County affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes, and that at no time has the County been placed on the Discriminatory Vendor List. The County further agrees that it shall not violate such law and acknowledges and agrees that placement on the list during the tenn of this Agreement may result in the termination of this Agreement. The County shall insert similar provisions m all subcontracts for services by this Agreement. 27.0 A V AIL ABILITY OF FUNDS: The State of Florida's performance and obligation to pay under this Agreement are contingent upon an appropriation by the Legislature. In the event of a State revenue shortfall, the total graRt may be reduced accordingly. 28.0 PUBLIC ENTITY CRIME: The County affirms that it is aware of the provisions of Section 287. 133 (2)(a), Florida Statutes, and that at no time has the County been convicted of a Public Entity Crime. The County agrees that it shall not violate such law and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. 10 16Al 29.0 UNAUTHORIZED ALIENS: OTTED will consider the employment of unauthorized aliens by any contractor a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this contract. 30.0 PUBLIC RECORDS: OTTED may unilaterally cancel this Agreement for refusal by the County to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Agreement. 31. GOVERNING LAW: This Agreement is executed and entered into in the State of Florida, and will be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party will perform its obligations in accordance with the terms and conditions of this Agreement. 32. LIABILITY AND INDEMNIFICATION: OTTED will not assume any liability for the acts, omissions to act, or negligence of the County, its agents, servants, or employees; nor will the County exclude liability for its own acts, omissions to act, or negligence to OTTED. In addition, the County agrees to be responsible for any injury or property damage resulting from any activities conducted by the County. ~ To the extent permitted by law, the County agrees to indemnify and hold OTTED harmless from and against any and all claims or demands for damages resulting from personal injury, including death or damage to property, arising out of any activities performed under this Agreement and will investigate all claims at its own expense. However, neither OTTED nor any agency or subdivision of the State of Florida waives any defense of sover~ign immunity or increases the limits of its liability upon entering into this contractual relationship. 11 16Al 33. SUBCONTRACTS: The County shall be responsible for all work performed and all expenses incurred in connection with the project. It is understood by the County that OTTED will not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the County will be solely liable to the subcontractor. When contracting with subcontractors, the County must require subcontractors to indemnify and hold harmless the state for actions of the subcontractor resulting in personal injury or death, or destruction or damage to property, arising out of activities performed under this Agreement and shall investigate all claims at it own expense. 34. NON-ASSIGNMENT: Neither party may assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the other party, which consent will not be unreasonably withheld. Any assignment, sublicense, or transfer occurring will be null and void; provided, however that OTTED will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the County. In the event that OTTED approves transfer of the County obligations, the County remains responsible for all work performed and all expenses incurred in connection with this Agreement. 35.0 SIGNATORIES AUTHORITY: By the execution hereof, the parties covenant that the provisions of this Agreement have been duly approved and signatories hereto are duly authorized to execute this Agreement. 12 16Al!:JI 36.0 DUPLICATE ORIGINALS: This Agreement is executed in duplicate originals. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. STATE OF FLORIDA EOG/OTTED COLLIER COUNTY BY: BY: :L~ 1~Zq-03 DATE: DATE: TITLE: Director TITLE: ATTEST: ATTEST: ATIEST: ..., .' '., - DWIGHT E;'SROCK.. CLEf.(;'; . ~\{: ~ '#-*.~t- ~utyClerk .; " , AtteSt~s to C~~~r1:1\i'l' s If;nat" Onl]. ' , 13 16Al EXHIBIT A '" o ( I ') 16Al STATE OF FLORIDA ECONOMIC DEVELOPMENT TRANSPORTATION FUND APPLICATION Collier County Unit of Government or Public Authority ("Applicant") on behalf of March Performance, Inc. Business Name 3/Sh3 Date Received G'&-k,3 Date Completed ~~3//A- Project Nwnber ;' Submit Application To: Enterprise Florida Attn: Alberta Simmons Economic Development Transportation Fund Program The Atrium Building, Suite 201 325 John Knox Road Tallahassee, Florida 32303 Telephone: (850) 922-8737 Fax: (850) 922-9595 I#EDTF04 (~fJecliv~Ja"uary. 2001) .. I \.. ) 16Al ECONOMIC DEVELOPMENT TRANSPORTATION FUND APPLICATION OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT Applicants are advised that this application must be submitted in accordance with the provisions of Florida Statutes, Section 288.063, and the Office of Tourism, Trade, and Economic Development's Economic Development Transportation Fund Guidelines. I. APPLICANT Government Applicant: Collier County Government Federal Employee Identification Number: 59-6000558 Name of Primary Contact: Helene Caseltine Title: Economic Development Manager of Collier County Address: 2800 North Horseshoe Drive Naples (City) Telephone: (239) 403-2398 FL 34104 (State) (Zip) Fax: (239) 213-2916 II. COMPANY PROVIDING EMPLOYMENT (only one company may be listed) II. COMPANY PROVIDING EMPLOYMENT (only one company may be listed) Company: March Performance Primary Contact: Kim March Title: President I Owner Address: 6020 Hix Road ,,; Westland MI 48185 (State) (Zip) Fax: (734) 729-9075 (City) Telephone: (734) 729-9070 Principal Business Activity: Manufacturing of high precision automobile parts SIC Code Nwnber: 3568 Type of Facility: New Location ( X) Expansion of Existing () Retention ( ) Date Construction Will Begin: August 2003 Date Company will be in Operation: March 2004 Estimated Square Feet of Facility: 40,000 sq. ft. I4EDTFOJ (effecti\lf! Ja"uary. 200 I) -3- lJ -) 16 Al':~; Full-time Employment GeneratedlRetained: New 40 Retained (IMPORT ANT NOTE: Grant request should not exceed $5,000 per job. Grants exceeding $5,000 per job may be approved when the project occurs in an economically distressed community and a further waiver of this guideline may be granted pursuant to the EDTF Program Guidelines.) New Capital Investment Generated: $3.05 million Briefly Describe the Facility (New or Existing) or the Expansion. The company will construct a 40,000 square foot facility to house its corporate headquarters and manufacturing of high-performance, precision automobile parts. III. TRANSPORTATION (Attach a rough site plan with facility in relation to the requested transportation improvements.) A. Briefly describe the transportation problem that is an impediment to the company described above and give its importance to the company's decision. There is no access from Old 41 to the proposed site. B. Briefly describe the transportation project that will alleviate the transportation problem. , The construction ora two lane access road from Old 41 to the company's site. in addition to the construction ofleft and ri2ht turn lanes from Old 41 to the access road onto the facility. #EDTF05 (effective January. ]00 I) -4- . I t_ ) 16Al C. Estimated Cost of the Transportation Project: Construction: $ 170,225.15 Right-of-Way: · $ -0- IMPORTANT NOTE: Right-of-Way cost may be used as matching dollars ifacquisition is required from a third party in order to construct the transportation facility. Design & Engineering: TOTAL COST: $ $ 35,000 205,225.15 D. Transportation Project Funding Sources: City: County: Company: Other: $ -0- $ -0- $ -0- $ 5.225.15 Please specify: The developer has a21"eed to contribute toward the cost to construct the transportation proiect. Request from the Economic Development Transportation Fund ($2,000,000 maximum): $ 200,000 TOTAL COST: $ 205.225.15 (NOTE: The total costs must equal the sum in items C and D) E. Estimated Number of Days To Construction of the Transportation Project: 120 days '" IV. PROJECT LOCATION A. Located in an Enterprise Zone? Yes X No B. Located in the Target Area of a Community Development Corporation? Yes X No C. Located in a Front Porch Community? Yes X No D. Located in a REDI County? Yes X No E. County population of 75,000 or less? Yes X No F. City population of 10,000 or less? Yes X No G. City population over 10,000 but less than 20,000? Yes X No H. Located on Brownfield Site or in a Brownfield Area?-Yes -X-- No tlEDTF05 (tffte/ivt January. 2001) -5- i ' "-. . ' ,,) V. SELECTED ECONOMIC INDICATIONS 16Al A. Unemployment Rate of the local unit: 3.9%, Identify local unit (e.g., county, city, census tract) Collier County. 2001 data State Rate 4.8% Infonnation Source and Date of Source: Florida Aszencv for Workforce Innovation B. Per Capita Income of the local unit: $40,121 Identify local unit (e.g., county, city, census tract) Collier County. 2002 data State Per Capita Income $27.764 Infonnation Source and Date of Source: Bureau of Economic Analvsis C. Poverty Rate of the local unit: 10.3% Identify local unit (e.g., county, city, census tract) CoJIier County State Rate 12.5% Infonnation Source and Date of Source: 2000 Census. U.S. Census Bureau IMPORTANT NOTE: Only Creditllble Government Sources can be accepted e.g., Latest U.S. C-ensus Data, or Floridll Statistical Abstract Data, or Florida Department of Labor tlnd Employment Security Data. VI. OTHER CONSIDERATIONS A. Is the adopted local government comprehensive plan for the jurisdiction in compliance with Chapter 163, Part II, Florida Statutes? X Yes No If Dot, what is the expected time frame for compliance? B. What is the Future Land Use Map designation for the business facility state? Commercial and Multi-Family, however, in the process ofre-zoning the property to Research and Technology Park zoning. C. Are the transportation project and business facility consistent with the adopted local.. government comprehensive plan? Yes X No If Dot, describe the inconsistency and give the time frame for amending the plan: Site is currently zoned for Commercial and Multi-family, Residential use; however, in the process ofre-zoning the property to Research and Technology Park zoning. D. Does construction of the business facility trigger concurrency requirements other than for transportation facilities? _ Yes X- No I#EDTFOj (ejJec/iIlf!January. 200/) -6- . I ~, ") 16Al If so, explain: E. Does construction of the business facility trigger concurrency requirements for transportation facilities? Yes X No - - If yes, what transportation management alternatives have been considered? F. Does the adopted plan include an Economic Development Element? Yes - No X-- G. Is the applicant's transportation project linked to other publicly funded economic development programs? If so, how does it further those efforts? Yes. March Perfonnance has applied to receive the Florida Qualified Target Industry Tax Refund (QTQ. There are numerous costs associated with relocating the company to Collier County such as capital expenditures for real and personal property, operational costs and training expenditures that will be incurred. Tax incentives are a key tool for controlling costs, especially up-front, start up and relocation costs that directly affect a company's cash flow and earnings. The Qualified Target Industry Tax Fund Program will help alleviate some of the up front costs and will allow the company to maximize its cash flows and earnings. The QTI and Road Fund incentives are paramount for March Performance to consider the relocation decision. Without these incentives, the company will not be able to afford to relocate to Collier County. The QTI and Road Fund incentives would help induce the creation of 40 new high wage jobs in Collier County in one of Florida's targeted industries and consolidate the company's functions as a corporate headquarters and manufacturing operations. The jobs created will pay an average wage of $54,470, which is 85% above Collier County's average wage of $29,553. H. Will low to moderate income workers be eligible for employment within this facility? Yes X-- No . _ . If not, why not? 1. What role will the transportation project play in the decision of the business to locate, expand, or remain in this state? Company's location decision is contingent upon the resolution of the transportation impediment. The use of the Road Fund is critical to pay for construction of the road to provide access to the site. fiEDTF05 (effect;~ January. lOOI) -7- l~ ,) 16Al J. Is there documented competition for this project? K... YES _NO (Check all that apply,) IMPOR T ANT NOTE: If there is no documented competidDn, the prDject is not eligible. State(s) Michigan Summarize Incentive(s): Investment Tax Credit. PropertY Tax Abatement Proeram Country(ies) Summarize Incentive(s): Florida Community(ies) Summarize Incentive(s); VII. PROJECT INFORMATION Location of Project (Provide Road Number, ifapplicable): U.S. State County X Party responsible for maintenance and upkeep: State County City (If more than one is applicable, please indica/e.) · Currently, the party responsible for maintenance of road is the developer; however, an association will be form to maintain the roads in the future. (please see attaclunent) Total Length of Project: 900 linear feet miJe(s) Is there an alternative that would provide more cost effective access to the project? Yes X No City .Other X Are there any additional traffic impacts? If yes, does the project provide for additional impact? If DO, please explain: X Yes - X Yes No No '" VIII. TRAFFIC IMPACTS FOR PROJECTS INVOLVING STATE HIGHWAYS ONLY 1. Traffic generation estimates (in number of vehicles daily): Number of Trucks a.m. to _ am.-Indicate Number of; Inbound Trucks Outbound Trucks p.m. to _ p.m.-Indicate Number of: Inbound Trucks Outbound Trucks Number of Cars 2. AM Peak Hour Inbound Cars Outbound Cars 3. PM Peak Hour Inbound Cars Outbound Cars ftEDTF05 (~fJectiv~ January. 2001) -8- IX. SIGNA TURE: [f~S application is for a city road, the city ~~t agree to mainJ th9 A 1 road. If a county road is involved, the county must agree to maintain the road. This will be stipulated in all contracts involving expenditure of the Economic Development Transportation Fund. DOT form on Page 10, letter from applicant, letter from the benefiting company and a map showing the relationship of the facility to the transportation project must accompany this application. Please type: jQr., A..enn'"l~ (l'" ame) V Ir (Title) Signature: (Sjgnature must be that of an ele ~ - 2....:> - 03 Specific Authority 288.063, 120.53 (1) (a), F. S. Laws Implemented 288.063, 120.53 (1) (a) d city or county official) :ss&_~ tr;Sr.(ft~1i -. ~~Go. \ '~:1- , ...."..., \ , . " -","'.rt . ia", J; ..' \ \ 1 b ATTEST: "I.:,... Mv'...l /\! ' . DWtG,~~~~~~;.', "~ (\ ~';~~~~ , ., DeputY.......w. ".' "."'J ~''''.''''I .:,. .. " .. .. ....:-.. .... , ~ ~ ... ~.'-. -..'~.::-"'~ .. .... ." Attasi.~i's> ta~thl\:~::. ~;' /i S ignatUr,.~ooJ,.'---:....".:.. .,: ' ",I, .......,4~~_- " -. . .:-.,-:'\..".),1".........- ~ , .., - -..;,y .:-- , . ,'\..,...,................ ;' *CDTF05 (fI./frC1rve J_ry. 100 J) -9- . 2-211-03; ~:'.PM;PI.nnl"g S.~Ylc.. t) :8<&' 1115857015 -.) . 2/ 16Al omCE Oil TOURISM, TRADE, AND ECONOMIC DEVELOPMENT ECONOMIC DEVELOPMENT TRA.NSPORTA nON PROJECT FOR SUBMISSION TO YOUR DOT DISTRIcr SECRETARY'S omCE 1JIl'OltTANr NOTB: ..,,,... 1fIbW/IH "*M_ tIIb ~,.. tin --.,,.,..., trIIllIIIt h """'1UIIIl1Ju qpJicrW .... " 1I1tIIrprU. ".,., lilt:. X DOT TRANSP08IATlON PRO.JECJ' co~aTRucnON CQ[J' ESTIM..\~ Based on in~ation ;rovided }Yjth this 'WJlication; &~.fpd coat of constn1c:tio:a: S Bsti~t~ COlt of rilht-ot-way: $ Esti1"l'Uth>.(j cost of design md ~ S Has desip and eDlinee.ring bem completed? W u cost ovemm CODIidc:red in total COlt? Jf~1 how IINCh7 Is design in a.ccordaoce with DOT specifications? Bow many dayI eatimared for completion? DOT Comments: . ~5 l~?,73?- /fOAl E 35. c>>o . Yea Yes ..L No -X- No vg , So DA-V:j " (SignalUre of DOT) The signatUre of FOOT only attests to BOTF transportation project cost OS~tTlAt,..s and does not commit PDOT to automatica.Uy approve any permits associated with this project. f, i1QJT1Oj (rJfK1lt,.-...". ZOO}) -10- ., oarding to Section vi Pro]Cct Infom ::)n, Page 8 -- .........-......... . .: I"i' Memorandum \U 16Al To: Helene Caseltine Economic Development Manager REcsveo JUt a II ZD02 ffOUSIHQ & URIAN IfpROVlHlNT From: Nonnan E. Feder, AICP ~ Tl1Insportatlon AdmInistrator Date: Subject: July 3. 2002 North Naples Research and Technology Park West side of Old 41 Road at Collier County line The Transportation Scrvicca Division will be pleased to meet with and work with you and the developers of the subject project. It is our 'Undemanding that a grant is being applied for UDder the '.Road Fund" program of the Florida Department of Transportation (FDOT). Edward J. Kant, P.E.. Transponation Operations Director, met with you and the development representatives on Tuesday, July 2 for an initial review of the plan. At that meeting it was determined that the proposed road would be a public road; however, a property owners' . association will be formed to accept responsibility for maintenance of the roadway and drainage facilities. Please keep us apprised of the progress of this project and let us know haw we may continue to assist in this endeavor. cc: Edward J. Kant, P .E.. Transportation Operations Director Don Scott, AICP, Transportation Planning Director Connie Deane. Transportation Se.mces Division Community Liaison File: Old 41 Road ,; --: .' Transportation Operations Department --.-- ---- -..---.-- ------ ----_..._--~_. - - -'. -,-- =------ .. 4&.A. .....-,J...-,J...."'". &lUu:. .Urfll:." I . ".::.. .,. ......, ~::?} .,. ~, . . , . "'1Iii ' .... 'f':. '," . , .,' ""~' . .. '1'" l .. , ... . . .. ,...:., eo .... . ...... : . .' ...,... . \ ...' 0... -'.. ...~'.....; '.....,, '; :' 7s';~.~L_...... ' . :: ::l'.~'~~" ''-.. , " S~b s't.~~';1' j.7" ,.,~ .~.::,....~ , i1'o.~ '. ......11 . -,tU' l ~"'i:' ',.- , "fl"'" / :;. ..:.~':.'<;.~..t: . '-11.:":. " I " ~....~ ('-?" ..' 'I ,,:~,~ ..... J"""" .. . 'I II .",.:~~': ;~~, . ;; ,:,: ~;~~~ -. :L .... .' I . '. " jt . .~:, . , g ,-.-. ,'.1. "U' ',~~~ 'n: , II ,-r.:..' . , ~ii" ,"."'~." ~." ,It.. ' 'I- . ---- , , " .. :N ,'~,NAF-~$e:~RCW:II.., ,A, D. ,7laCHHOtBG-Y PARK '11' "'.i" .:::~ " ~ \~ . .:; " ":'-: ;'i': +:-. , ~'.... ", "~~'." ':;, , " ,:,.,::,iI.;,.., ~'\~F~~t~2: _', .,-,-:;.~" J.' . . .." '--...,-....:lloo..... - . ~',.,....::,...r.~,.. -:T~....:' :,::~~~!~:,:;,~.:;~~'..-t.,~.. , '.' '''~~'''':-~''r''"~'",~,,;:,,,,, t ~:~t: ~':~;(~:.- / IF''':: ~\' ", . l~"o' \ :-:1 , " r' . "I '\.~ ~ io!lt" ',\ ',' +.... , I .......~,~':~~~;.. . .,,:..:,'"1,..,.....," :: ~ ~~:", :,. ~lit ,';; '(:':':,:'.;":, I ! loI. 41 J 1l !: I !! "i!:r '~/"':":. '.;,,~.. i !f .. I J 8 j ! i i ". :; :~.: 1M EI1IS.JUIB... . nornoo....., Na.PI... n. Nt,o .......: (....,) 25+-2000 P'lorfcfa Certff1Mt. of Authortzatlon No.1772 USG8 LOCA liON MAP ClHIaCIO ..,. I W. T.c. _Wle IY I t:.c.& DA'IS:: 01 .. J {~"~h_ ,,_':'~ fJ ~. ,.r' - '. ~'... ,.,:..... ..;....--. ._.;.:-......':'Y" 0; U I ~'< U' ..: q' ---p~~....~.:._~ . , PROPosEdIMARCH ,\ INDUSlRlEf:f SJ1E! I! '~ """- : '~~... : ~'~-',"'::".- ~ ., .........f~ i ' · I " , J... -iJ I'f ; i 'r ~O' '. ~.: 1 1;' ~ ~ f ~ ;~' , .' t ,t ~, J .J f · H ~ tlr-' . · \~_. ...___LEE COUNTY ~. ....... ---"I"OM ,.:" -"';!',''fIJ" COUNTY UNE 'I I :Ii. ..0 1 i I[ I ~ 1;l '~ ~ COLUER COUNTY H . H H n ~,rl'" '1 ~, U-f, 'It . . 1H :it ~ g ~ f I ~ i .c :; I , ... 8 , u' . { / .. i 11M -~.-- .SO EMON W., Nil"', F\. MUO """* (Nt) 2I4-ZOCX1 Florida Certtfleat. of Authortzatlon "".1172 t .I f;t. 'CI 1 ~1. . ~ ...... .. I , . . , ~... ...,w." ~' . , , ,,' , ,'. ";"'lI.. '~'j ~. " . II' .... If:.. 't~.. . t * : - ..~ ~ J ' .1'" '\ I '-.. NORTH NAPLE' RESEARCH . TECHNOLOGY PARK U.S.G.S. LOCA nON MAP . lJ . , 16Al <l,Z) ~ I I III . I h, ".' ,.. -." HI :r: 1.1 . i il'l t If JI~ ; i 'i~~h ~lf ~ i~ ~! I i fi ! J.! 31 II I .. .. ! filii I iI I il I ,. J ! I!I I I I I I I I I I ~".OOi .. l- I f ----~-- I;:;':;i iiiiii~ I ! ! S ! 5 I = U~ a: a: cc IA. w> a: " o .... ..r 1&10 EZ c= zM ~... !1 z I i 11111 I Is !II I !D 01 --....-.-.---..... ~ 1i7t,-rt."" '{','H~"7'''''n''''''' '..I!I_^." A ..A"llii~11.',.'."'m..,H."1 ~:iiT-.n,..V.........N~_. . 't,t~:ij 16Al MARCH PERFORMANCE 6020 Hix Road. Westland, MI 48185. 734-729-9070. FAX 734-729-9075 March 19,2003 Alberta Simmons Enterprise Florida The Atrium Building, Suite 201 325 John Knox Rd. Tallahassee, FL 32303 Dear Alberta: Thank you for considering March Performance to participate n the Economic Development Transportation program. March Performance is a designer and manufacturer of high performance automobile parts, which are distributed throughout the United States and exported to Canada. The reason we would like to build our facility towards the end of the property rather than the front are: Environmental officials require a portion of the front of the property to be a preserved area A portion of the property at the front has been designated for Workforce Housing The first few parcels on the front are being zoned Commercial The size of the building requires a bigger area than the parcels at the front of the property. For example: the width and depth of the building The parcel at the end of the property will provide our company with area for future growth and expanSIon Combining parcels at the front will not provide the company for future growth and expansion March Performance considered other sites, but there was not enough depth to the lots and all were too close to the road ,,; Finally, we considered expanding at our current facility and signing a five-year lease in Michigan. Weare considering to relocate our corporate headquarters and manufacturing facility to Collier County; however, in order to do so we need the support and facilitation of state incentives. Thank you in advance for your assistance and consideration. If you have any additional questions concerning to March Performance, please contact me at (734) 729-9070. Sincerely, . .1,l1':(i ~.:_,; 0'0 ~~~. L ;-: Kim March, President March Performance !' --, --. -............. \",1\",1. U~ L..J..,J~U...l("Jt.l..::.. ~AGE El2 , 1 I " , ) ~ 16Al COLLIER COUNTY GOVERNMENT COMMUNITY DEV.EJ~O'PMENT AND ENVIRONMENTAl.. ~ICES DIVISION PLANNING SERVTCES DEPARTMENT 2800 NORTH HOR.SESHOE DRIVE NAPLF.:S, FL 34104 March 18, 2003 Ms, Alberta Simmons Enterprise Florida 325 John Knox Road, Suite 201 Tallahassee, FL 32303 Dear Alberta: Thank you for taking the time to come down and visit with us yesterday to discuss the March Performance project in North Naples and the pending EDTF application. As we had discussed, County staff realizes there is a discrepancy between our cost estimate for road construction and that provided by the DOT district office. We intend to stand by our original estimate of $205,225.15, which includes design and engineering plus actual road construction. And, based on the jObs created by the project (40), we also understand that any costs incurred abc>ve the grant's eligibility amount will be paid by the developer Please give me a call if you, or any of the reviewing agenciE~s, have further questions or need additional information. at 239-403-2398. Thank you very much for your consideration, and it was great seeing you again! ; Sl~ Helene Caseltlne. CEcD Economic Development Manager c: Economic Development Council of Collier County Randy Cohen, Manager, Redevelopment Section-Collier County Planning Services Department . Andy Mager, Galleria Properties, LLC the Phone (941)403.2400 Fax (941) 643.6968- wwwcollierguv.neL . ,,,.,, t ) . . PIJ~o/W~ w~ W~ 3301 East Tamiaml Trail · Nap'''. FIorlda 34112. 49n (239) n4-8097 . Fax (239) n4-3602 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 February 25, 2003 Ms. Alberta Simmons Enterprise Florida 325 John Knox Road, Suite 201 Tallahassee, FL 32303 Dear Ms. Simmons: Enclosed is a completed Economic Development Transportation Fund application, submitted by the Collier County Board of County Commissioners, on behalf of March Performance, a manufacturer and designer of high-performance auto parts. March Performance is giving serious consideration to a parcel in the proposed Research and Technology Park in North Naples, making this site the new location for its corporate headquarters and Research & Development/manufacturing facility. March Performance would be the fIrst anchor tenant in the Park and, at this point, the firm is not considering any other sites in Florida for their relocation. The company is also contemplating sites in their home state of Michigan, which is offering tax abatements and other tax credits. There currently is no access to the parcel the client is considering in North Naples, and there are no immediate plans within the County's transportation work plan to accommodate the company's needs. The proposed roadway will end in a cul-de-sac up to the company's property line. As required by the grant program, we've alSo attached a copy of the USGS map showing the location of the Research and Technology Park and the proposed project area. .' The County's contribution to this project will consist of "Fast-Tracking", or expediting, the permit application process both locally and on a state level if necessary. If not for the incentives available through the State of Florida, in addition to our local Fast-Track Permitting program, P March Performance would not locate to Collier County. The direct economic impact for this project is approximately $2.1 million per year in addition to the company'sJ,nitial investment ofS3.7 million. The company anticipates hiring 40 new employees at an average annual wage of$54,570, which is 185% of the average ~age for Collier County. According to the Florida Agency for Workforce Innovation, the average unemployment rate for Collier County in 2001 , , Ms. Alberta Simmons February 25, 2003 Page two was 3.9%. A manufacturer of this stature will go a long way to help diversify the local and regional economy plus boost the incomes of our local residents. If you have any questions or need additional information, please call Helene Caseltine, our Economic Development Manager, at 239-403-2398. Thank you very much for your consideration. J:- Tom Henning, Chainn Board of County Commission c: Economic Development CoUncil of Collier County Collier County Planning Services/Redevelopment Section Enclosures TH/hc , 16Al MARCH PERFORMANCE 6020 Hix Road · Westland. MI 48185 · 734-729-9070 . FAX 734-:729-9075 I . k1 ~ { 'ibA] ~. .~~~~~AaQIIIIMlc.d.~:~ 02/06/03 Alberta Simmons Enterprise Florida 325 John Knox Rd. #201 Tallahassee, FL 32303 Dear Alberta: March Performance is a manufacturer and designer of precision automobile parts currently located in Westland, Michigan. We manufacture puJleys, brackets, serpentine conversions and other automobile parts for the performance and show car market. Our business has been successfully growing at a rate of 15% per year with no down turns in the last' twelve (12) years. In order to maintain and increase production of our current business level, we must expand our facility. It is our understanding that the State of Florida has the Economic Development Transportation Fund (Road Fund) program through Enterprise Florida and the Governor's Office that provides assistance to offset the cost of roads as an inducement for businesses to expand and relocate to Florida. March Performance would appreciate your support in pursuing the Road Fund grant for the creation and improvement of the roads required by our proposed site. The Road Fund incentive is absolutely necessary for this road issue to be resolved in order for us to proceed with our project. At this moment, we are not considering any other Florida site. March Performance is interested in the North Naples Research and Technology Park, which is located at off Old High Highway 41. Currently, there are no existing roads to en~r the proposed site. The Road Fund will provide the creation of offsite turn-lanes and road access for emp!oyeee and trucks to the proposed facility. ' Approval of this road grant will allow March Perlormance to create forty (40) new jobs in Collier County, Florida at an average wage of $54,570. which is 80% higher of the current average wage. March Performance'slfiitiaJ capital investment is estimated at 3.05 million. .' We appreciate your consideration and eagerly wait for your response. Sincerely yours, ~4---- Mr Kim March President 16Al EXHIBIT B ~ EXHIBIT B 16Al SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Office of Tourism, Trade, and Economic Development (OTTED) to the County may be subject to audits and/or monitoring by OTTED, as described in this section. MONITORING By entering into this agreement, the County agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by OTTED. In the event OTTED determines that a limited scope audit of the recipient is appropriate, the County agrees to comply with any additional instructions provided by OTTED to the County regarding such audit. The County further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer, Auditor General, or Chief Inspector General. The County shall permit access to the County's records and independent auditor's working papers as necessary to comply with the requirements of this Agreement. AUDITS 1. In the event that the County expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of the County, the County must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes (the Single Audit Act); applicable rules of the Executive Office of the Governor and the Chief Financial Officer, and Chapter 10.550, Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the County shall consider all sources of State awards, including State funds received from OTTED, except that State financial assistance received by a non-state entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements, the County shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 2l5.97(2)(d), Florida Statutes, and Chapter 10.550, Rules of the Auditor General. 3. lfthe County expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of the Single Audit Act is not required. In the event that the County expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of the Single Audit Act, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from County funds obtained from other than State entities). 4. The County must include the record keeping requirements found herein in sub-recipient contracts and subcontracts entered into by the County for work required under terms of this Agreement. In the executed subcontract, the County shall provide each sub-recipient of state financial assistance the information needed by the sub-recipient to comply with 2 16Al the requirements of the Single Audit Act. Pursuant to Section 215.97(6), Florida Statutes, the County shall review and monitor sub-recipient audit reports and perform other procedures as specified in the agreement with the sub-recipient, which may include onsite visits. The County shall require sub-recipients, as a condition of receiving state financial assistance, to permit the independent auditor of the recipient, the state awarding agency, the Chief Financial Officer, and the Auditor General access to the sub-recipient's records and independent auditor's working papers as necessary to comply with the requirements of the Single Audit Act. 5. For information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial Assistance (CFSA), the County should access the website for the Governor's Office located at http://www.flgov.comlfor assistance. In addition to the above web site, the following websites may be accessed for information: Legislature's Website htto://www.Ieli1;.state.fl.us/. the Department of Financial Services' Website http://www.dbfstate.fl.us/aadir/FSAAIndex.html. and the Auditor General's Website htto:/ / sun6.dms .state. fl. us/audgen. REPORT SUBMISSION Copies of audit reports conducted in accordance with the audit requirements contained herein shall be submitted to the parties set out below. The annual financial audit report shall include all management letters and the County's response to all findings, including corrective actions to be taken. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. The complete financial audit report, including all items specified above, shall be sent directly to: Ms. Marcia Campbell Sharpton, Brunson and Company, P.A. 215 South Monroe Street, Suite 600A Tallahassee, Florida 32301 and State of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building III West Madison Street Tallahassee, Florida 32302-1450 RECORD RETENTION GRANTEE shall retain all grant records and shall ensure the retention of its independent auditors working papers for a period of five (5) years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the five (5) year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the five (5) years period, whichever is later. 3 16Al Prepared by: Patrick G. White. ACA Office of Collier County Attorney 3301 Tamiami Trail East :"IIaples. fl 34112 ROADW A Y MAINTENANCE AGREEMENT BE TWEEN COLLIER COUNTY, FLORIDA, AND NORTH NAPLES GOLF RANGE, INC., TRUSTEE FOR SJG LAND TRUST THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this 1..'\.Ih day of~, 2003, by and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County") whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and the NORTH NAPLES GOLF RANGE, INC., TRUSTEE FOR SJG LAND TRUST (hereinafter referred to as "THE TRUSTEE") whose mailing address is: 16979 Old U.S. 41, Naples, Florida 34110, for the roadway improvements and the roadway maintenance of the below described proposed road into the North Naples Research and Technology Park. RECIT ALS WHEREAS, the Trustee desires to provide a road right-of-way into the newly created North Naples Research and Technology Park, to provide public access to the proposed site of March Performance; and WHEREAS, the County has been awarded a S200,000 grant from the State of Florida Economic Development Transportation Fund to pay for eligible expenses associated with the construction of the proposed roadway; and WHEREAS, this proposed roadway is within both the boundaries of the County; and within the property of the Trustee; and WHEREAS, the Trustee desires to perpetually maintain the proposed roadway, once constructed; and WHEREAS, the County and the Trustee believe that this Agreement is in the best interest of, and will provide a substantial benefit to, the general public. 1 of 5 bt1 I-t C:l ~ M:Z::t..--ro .-3 ~ bd rt DI:I ~ ~:1 --a :::lD ?j' .. ...., c:o .... ...-.a .., .~ hiJ C':l H ("";) ".:1 t;lltf :'--1; ,,.., tn = "'" ...- ~~, -aI t~ I = .'" ,,-. = = ,.., "" ~..... c> r> --_ c::> .......:11 ~J == ~_ tXI ........J1 \:;;II ~ .'_. <...A ,.",..::1 ..c:: PI (""'t- \....C (~~. ...c= ... c:: .--. C':::l ~. f-..J '- ~:~ <J =- r> ::~ c ..., ~ ""-1::0.. C> "" t':J:: ~ ., ~ c..... ~~1 ~;: CJ t7.JO 0 ~J""'" U = r> r> ?'~>-t: n::: G t:-" .~ .. ,...., ,.., = :;;.... 2 '-.A '-0' ~ :"i~ :<: I-- .'" ,'. r.o ,., = "" .'" r> ..... ",. "" t'.I') t%t "" .- \.11 ......- c:;,~ c::'Jo .:;::10 16Al NOW, THEREFORE, in consideration of the foregoing Recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the mutual covenants contained herein, it is agreed by the Parties as follows: 1. The Trustee will, pursuant to the terms of the attached Agreement between the State of Florida and Collier County (hereinafter referred to as "Agreement OT03- 10 1," attached, as "Exhibit AU), complete the design work for the proposed roadway in accordance with Florida Department of Transportation standards. 2. In general, the Project consists of: 1) constructing a two-lane access road from Old U.S. 41 into the North Naples Research and Technology Park to the proposed site of March Performance, 2) construction ofleft and right turn lanes from Old U. S. 41 to the access road into the North Naples Research and Technology Park. 3. As provided for in Agreement OT03-101, item 6.0, the monies received from the State of Florida Economic Development Transportation Fund program will be used to pay for all eligible costs associated with the project, up to $200,000. Any cost overruns beyond and this agreement will be paid by the Trustee. The Project will be completed by February 16,2004, unless otherwise extended by County approval of a written request and agreement. After construction of the proposed roadway and County approval, the Trustee will be responsible for maintenance of the said roadway. Maintenance must comply with the standard Collier County Road Maintenance Department of the Transportation Services Division specifications and any other applicable standards or requirements. 4. The Trustee expressly agrees for itself, its successors and assigns, not to use the proposed roadway in a manner which would interfere with or adversely affect the traffic operation or maintenance of the existing adj acent roadways. 5. The Trustee, its successors and assigns, expressly grants that the County will have a perpetual right of access and use for the benefit of the public, along with, a perpetual right of passage for public pedestrian and vehicular traffic along the said roadway. C> ::0 <.......> CT\ en <.......> 0-0 C") <.......> ,.J::::a ,.J::::a ('oJ 20f5 16Al 6. Should the Trustee fail to maintain the improvements in accordance with County approved plans and specifications, the County may provide notice to the Trustee in writing, specifying the nature of the deficiency in maintenance. Within ten (10) working days of receipt of such notice, the Trustee will cause the appropriate repairs to be effected, at no cost to the County. [n the event damage to, or failure to maintain the improvements results in a situation where public safety is at risk, the County may, at its option, effect repairs to the improvements itself, without the need for prior notice to the Trustee, and present the bill to the Trustee for all actual costs incurred in effecting the repairs. The Trustee will cause these actual costs to be reimbursed to the County within thirty (30) days of receipt of the County's bill. 7. The Trustee, as it pertains to initial construction, and as it pertains to maintenance, will indemnify and save harmless the County from any loss or damages Indemnitee may suffer as a result of claims, suits, demands, losses, fines, penalties, interest, expenses, costs, or judgments, including attorneys' fees and costs of litigation, against them arising out of the Trustee's use of the proposed said roadway for the purposes set forth in this Agreement to the extent such use violates the terms of this Agreement. 8. County agrees to give the Trustee written notice of any claims filed against the County in cormection with this Agreement within thirty (30) days of the date that the County is aware of such claim. The Trustee will indemnify the County for any and all losses or damages the County may suffer in connection with, arising or resulting from, the construction or installation of the landscape described in this Agreement. Further, the Trustee will indemnify the County for any and all losses or damages the County may suffer in connection with, arising or resulting from, the maintenance of the proposed roadway as described in this Agreement. 9. The Trustee will secure liability insurance in the amount of $500,000 in a policy acceptable to the County, naming the County as additional insured. Said policy will be in place prior to the execution of this Agreement. 10, This Agreement will remain in full force and effect from the date it is recorded in the Public Records of Collier County, Florida and until the earliest to occur of C> ::;t:::J c......> ~ ~ c.....> 0-0 G') c.....> ,.J:::. ,.J:::. c......> 30f5 16 Al ~ either (i) the County implements any plan that modifies the new roadway, or (ii) the County determines that the construction causes a safety or capacity issue. 11. This Agreement will be effective upon recording in the Public Records of Collier County, Florida, and the benefits and burdens established hereby will inure to and be the obligation of the Parties and their respective heirs, successors or assigns. 12. This Agreement constitutes the entire understanding among the Parties and any previous agreements, whether written or oral, are superseded by this Agreement. 13. This Agreement may only be amended by written agreement of both Parties. 14. Provided the construction of this project has not yet commenced, the County may terminate this Agreement by giving the Trustee sixty (60) days written notice. 15. This Agreement will be governed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the Parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATED: ,:~. ,~.~~':~;O ~~ ATTE~~" . ;:"" DwiSirr E. BROCK::.Clerk :';: " ..~> .~. - . .:. .~ c:::> :::0 <...0...) ~ ~ <...0...) I 0-0 Gl <...0...) ..p. *"'" ..p. (Additional Signatory and Witnesses on next page) 40f5 (l)~-- P ~ ss' ignature ~. ~d - cr' '"""..... -4-1. ..... n. Printed nahIe (2)~ Witness' Signature ~(d E ~f\r-~c:; Printed name 16Al NAPLES GOLF RANGE, INC., A FLORIDA CORPORATION, AS TRUSTEE OF THE SJG LAND TRUST AGREEMENT, VIA DATED 5/29/97 (Corporate Seal) * * * C> :::0 <...00..> ~ ~ <...00..> ""U G'l <...00..> ..t:=>o ~ Ln '" 'I.lte o~ ~LOklrji\ C.J(ji~~'1 v~ ootUm * * * .. I l-i EFi:.DY GERTH" mm-:if&,:!i'~_3JUl'" C0i1 eM: C)P)' of C'l d6'~tp~'Qt onflk(1} , eO.B,'rj il;!lll.rt:.\~ ~r-~.)t~~f~~~Coun\t VlI~SS my ~. '~it~;l?(~~ q\> dsyof.. ... '.'.'l;.~. ;;' . ~ ".. ,..- .1 ,11' r. ,'" . ~-.,.. ~ DWIGHT E. BR"K.. CU:Q,' .' ' .c. By: 50f5 16Al Memorandum To: Trish Morgan Minutes and Records From: Helene caseltin~EcD, Economic Development Manager Planning Services Department - Community Redevelopment Section Date: August 5,2003 Subject: Certificate of Insurance On 7/29/03, the Board of County Commissioners approved item l6-A-l, which included a Resolution plus two agreements to be signed as required under the state's Economic Development Transportation Fund grant recently awarded to the County. One of the agreements was between the County and a developer, North Naples Golf Range, Inc., as it relates to road maintenance in the North Naples Research and Technology Park. As a condition of this Road Maintenance Agreement, the developer was to submit a Certificate of Insurance, naming Collier County as an insured party. I have now received this document, and have attached it for the record. If you have any questions, please call me at 403-2398. Thanks for your help! /he Attachment c: Michael Dock, Risk Management - Certificate and Agreement Ed Kant, Transportation Operations - Certificate and Agreement Randy Cohen, Manager, Community Redevelopment Section Community Redevelopment Section - Planning Services Dept. ph: 239/403-2398 fax: 239/213-2946 85oM1J~.j~ 1 A LEGAL PROFESSIONAL ASSOCIATION Suite 300 Naples, FL 34103-3587 239.649,2723 Direct 239,649.6200 Main 239.261.3659 Fax cnadeau@ralaw,com IID1IrAII:~AN D RE S S II July 25, 2003 rec'cl1i~t; ~~ . Helene Caseltine, CEl.:D, Economic Development Manager Housing and Urban Improvement Collier County Community Development 2800 N. Horseshoe Drive Naples, Florida 34104 Re: Project Name: North Naples Research and Technology Park Property O\\'ner: North Naples Golf Range, Inc., a Florida corporation, as Trustee of the SJG Land Trust Agreement, U/ A dated 5/29/97 Street Address of Project: 16979 Old Route 41, Naples, Florida 34110 Dear Helene: Pursuant to your request, and in connection with the Roadway Maintenance Agreement, enclosed please find an original Certificate of Liability Insurance for the project. This Certificate shows Collier County as an additional insured party. Should you have any questions, or if I may be of further assistance, please do not hesitate to contact me. s~ Catherine J.S. Nadeau Real Estate Paralegal /cjsn Enclosure cc: James (Jim) M. Goldie, President with enclosure 411107_1 105471.0001 CLEVELAND TOLEDO AKRON COLUMBUS CINCINNATI FORT MYERS NAPLES TALLAHASSEE www.ralaw.com Client#: 41350 NORNA7 , 6A ACORD,~ CERTIFICATE OF LIABILITY INSURANCE r DATE IMM/DDIYYYY) 07/22/03 PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4100 Goodlette Road N, #100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples, FL 34103 -3303 239261-3646 INSURERS AFFORDING COVERAGE NAIC" INSURED INSURER A' Zurich Insurance Group North Naples Golf Range, Inc. INSURER B Trustee For The SJG Land Trust; 16979 INSURER C: Old 41 INSURER D: Naples, FL 34110 INSURE R E: 1 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED 3Y THE POLlC:ES DESCRIBE"J HEREIN is SUBJECT TO ALL THE TERMS, EXCLUSiONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, pOI'xcvifxpiAATTolf --,--- ,-- ---- PO(iCveFFECfiVif ....__._- -.--.----. TR N'"'' TYPE OF INSURANCE POLICY NUMBER LIMITS A GENERAL LIABILITY PAS31362792 05/30/03 05/30/04 EACH OCCURRENCE $1 000 000 -'- DAMAGE TO RENTED $1 000 000 ~ COMMERCIAL GENERAL LIABILITY - =:J CLAIMS MADE ~ OCCUR MED EX? (Anyone personl $10000 PERSONAL & ADV INJURY $1 000.000 - GENERAL AGGREGATE $2 000.000 - n'L AGGREnE LIMIT APAS PER: PRODUCTS, COMP/OP AGG $2 000.000 POLICY ~N!T LOC ~TOMOBILE LIABILITY COMBINED SINGLE L1Mlr $ ANY AUTO lEa accldanl) I-- I-- ALL OWNED AUTOS BODILY INJURY (Per person) $ I-- SCHEDULED AUTOS I-- HIRED AUTOS BODILY INJURY (Per accident) $ - NON,OWNED AUTOS - PROPERTY DAMAGE $ (Per accident) ==:jAGE LIABILITY AUTO ONL Y ,EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONL Y: AGG $ ==:JESS/UMBRELLA LIABILITY EACH OCCURRENCE S OCCUR 0 CLAIMS MADE AGGREGATE $ $ ==1 DEDUCTIBLE $ --.-- RETENTION $ $ WORKERS COMPENSATION AND ~~YSG~W.s..L 10TH,' EMPLOYERS' LIABILITY Eft. I ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE, EA EMPLOYEE $ If yes, de6cribe under E,L. DISEASE, POLICY LIMIT SPECIAL PROVISIONS below $ OTHER DESCRIPTION OF OPERATIONS I LOCI< TIDNS / IIEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROIIISIONS North Naples Golf Range, Inc. Certificate Holder is Named as Additional Insured As Respects to: General Liability Only. CERTIFICATE HOLDER CANCELLATION Collier County 3301 Tamiami Trail E Naples, FL 34112 SHOULD ANY OF THE ABOIIE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL -30.- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTA TIllES, AUTHORIZED REPRES JL RPORATION 1988 ACORD 25 (2001/08) 1 of 2 #225612 16Al IMPORT ANT If the certificate holder is an ADDITIONAL INSURED. the policy(ies} must be endorsed, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s}, If SUBROGA nON IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s}, authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, ACORD 25-$ (2001/08) 2 of2 #225612 16Al w..("'.~' ~ Memorandum To: Trish Morgan Minutes and Records Helene caseltinkECD. Economic Development Manager Planning Services Department - Community Redevelopment Section From: Date: August 20,2003 Subject: Agreement - State of Florida/Collier County an 7/29/03, the Board of County Commissioners approved item 16-A-l, which included a Resolution plus two agreements to be signed as required under the state's Economic Development Transportation Fund grant recently awarded to the County, F or the County's records, attached is an original, fully executed agreement between Collier County and the State of Florida Office of the Governor, as it relates to this item. If you have any questions, please call me at 403-2398, Thanks for your help! /he Attachment e: Randy Cohen, Manager, Community Redevelopment Section Community Redevelopment Section - Planning Services Dept, ph: 239/403-2398 fax: 239/213-2946 16Al STATE OF FLORIDA OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT TRANSPORTATION FUND AGREEMENT This Agreement (OT03-1 01) is entered into this B day of A ~ ".g f 2003, between the State of Florida Office of Tourism, Trade, and Economic Development (OTTED) and Collier County (County) on behalf of March Performance (EDTF Business). OTTED and the County are sometimes hereinafter referred to as a "Party" and collectively as the "Parties. " WHEREAS, OTTED has determined that the transportation project described in the Economic Development Transportation Fund (EOTF) Application, incorporated by reference herein and attached as "Exhibit A" and hereinafter referred to as the "Project," is necessary to facilitate the economic development and growth of the State as contemplated by Section 288.063, Florida Statutes; and WHEREAS, the County is prepared to complete the Project at an estimated total cost of $282,738; and WHEREAS, OTTEO is prepared to provide $200,000 toward the total project cost of construction of the transportation project described in Section 1.0. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: \\ U t X'r\ )8 IT ~ 16A~. 1.0 PROJECT DESCRIPTION: The Project, identified as Project Number 03-00005, is described as follows and is in connection with the location of facilities by the EDTF Business: Construct a two-lane access road from Old U.S. Highway 41 to the EDTF Business' proposed site; and, constrod left and right turn lanes on Old U.S. Highway 41 at the access road. 2.0 TERM: The term of this Agreement shall commence upon execution and continue through February 16.2005, unless terminated at an earlier date as provided herein. Only project costs incurred on or after the effective date of this agreement and on or prior to the termination date of the agreement are eligible for reimbursement. 3.0 PARTIES: The parties and their respective addresses for purposes of this Agreement are as follows: ST ATE OF FLORIDA OFFICE OF THE GOVERNOR OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT THE CAPITOL, SUITE 2001 TALLAHASSEE, FLORIDA 32399-0001 FAX: 850/487-3104 COLLIER COUNTY 3301 EAST T AMIAMI TRAIL NAPLES, FL 34112 FAX: 239/774-3602 4.0 NOTICES: All notices pertaining to this Agreement shall be in writing and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; or, overnight express mail delivery. Facsimile transmission or confirmed e-mail may be used if the notice is also transmitted by one of the preceding forms of delivery. The addresses set forth 2 16Al .~ above for the respective parties shall be the places where notices shall be sent, unless prior written notice of change of address is given. 5.0 ADMINISTRATORS: The State EDTF Grant administrator is Wvnnelle Wilson. Chief Analyst for Policy & Incentives The County Agreement Administrator is All approvals referenced in this agreement must be obtained in writing from the parties' agreement administrators or their designees. 6.0 RELEASE OF FUNDS: Project funds made available by OTTED shall not be released until the following have been satisfied: (a) The County shall agree by resolution to accept future maintenance and other attendant costs occurring after completion of the Project for the portion of the Project on the County system and forward said resolution to OTTED; (b) The County shall certify to OTTED that the EDTF Business referred to in Section 1.0 above has secured the necessary permits, including but not limited to, building permits, and initiated vertical construction of the facilities referenced. If the County fails to provide such certification to OTTED by January 19, 2004, OTTED may, at its discretion, terminate this Agreement; (c) The County shall verify all invoices, statements, or other related documents duly submitted to the County for pre-audit and approval by the County; (d) The County shall certify that its adopted local government comprehensive plan is in compliance with Chapter 163, Part II, Florida Statutes, and that any amendments to the adopted plan related to the Project or EDTF Business facility have been determined by the Department of Community Affairs to be in compliance with Chapter 163, Part II, Florida Statutes; 3 16 A 1 ,~ (e) The County shall provide to OTTED certification and a copy of appropriate documentation substantiating that all required right-of-ways have been obtained and meet the definition of right-of-way set forth in Section 334.03(22), Florida Statutes; and, (f) Provide OTTED with written notification of either its intent to: (i) Award the construction of the transportation project to the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. The County shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or (ii) Construct the transportation project utilizing existing County employees, if the County can complete said project within the time frame in Section 15.0 of this Agreement. 6.1 TRANSFER OF FUNDS: Upon execution of this Agreement by OTTED and upon written request from the County, OTTED will transfer funds to the County to be applied toward direct Project costs on no more than a quarterly basis consistent with project needs. 6.2 INVESTMENT OF FUNDS: Funds transferred to the County by OTTED shall be invested by the County until their actual expenditure, in such income or revenue producing investments as authorized by law for other County funds. All income, interest, or other revenues obtained from such investment shall be considered funds of OTTED. The income, interest, or other revenues shall be remitted to OTTED on a quarterly basis within fifteen (15) days of the close of the months March, June, September, and December, regardless of the month in which funds were received. Upon completion of the project, all remaining income, interest, or other revenues shall be returned to OTTED. All refund or interest checks shall be made payable to: EOG/OTTED, and mailed to the OTTED address in Section 3.0 of this Agreement; with the Project Number referenced and information that identifies the grant, interest period, amount of 4 16Al interest earned by account, name of depository, and interest rate. The documentation submitted to support interest earnings should include copies of bank or investment account statements, computational work sheets, etc. 6.3 USE OF FUNDS: Funds made available by OTTED pursuant to this Agreement shall be expended in a timely manner and solely for the purpose of the approved Project. No such funds shall be used for the purchase of any capital equipment, landscaping, mitigation planting, water and sewer lines, for any legal action against OTTED, for the administration of the project fund, or costs associated with preparation of the application. 7.0 LOBBYING: Funds may not be used for the purpose of lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. 8.0 ASSURANCES: As an inducement to the transfer of funds referred to in Section 6.1 above, the County grants the assurances that, if initiated, the Project will be carried through to its completion and will not require the expenditure of any additional funds from OTTED. The County shall be liable for all cost overruns on the Project. 9.0 DESIGN AND CONSTRUCTION STANDARDS: The County agrees to design and construct the Project in accordance with standards developed by the Florida Department of Transportation (DOT) in accordance with Section 336.045, Florida Statutes, and to provide certification of same to OTTED upon completion of the Project. A professional engineer, registered in Florida, shall provide the certification that all design and construction for the Project meets the minimum construction standards established by DOT. 5 16Al 10.0 MINORITY VENDORS: The County is encouraged to utilize "minority business enterprises," as defined in Section 288.703, Florida Statutes, as subcontractors or sub-vendors when permitted under this Agreement and shall report same to OTTED. 11.0 ACCOUNTING. REPORTS. AND AUDITS: The County agrees: (a) To comply with all requirements found in Section 215.97, Florida Statutes, and the applicable audit and record keeping provisions contained in "Exhibit B," attached to this Agreement and incorporated by reference herein. (b) To include the audit and record keeping requirements from "Exhibit B" in contracts and subcontracts entered into by the County with any party for work required in the performance of this Agreement. (c) That three (3) months after the date of execution of this Agreement and every three (3) months thereafter, the County will provide OTTED with quarterly progress reports. Each quarterly report shall contain a narrative description of the work completed according to the project schedule; a description of any change orders executed by the County; a budget summary detailing planned expenditures versus actual expenditures; and identification of minority business enterprises used as contractors and subcontractors. Records of all progress payments made for work in connection with such transportation projects, and any change orders executed by the County and payments made pursuant to such orders, shall be maintained by the County in accordance with accepted governmental accounting principles and practices and shall be subject to financial audit as required by law. (d) The County shall submit to OTTED a financial audit conducted by an independent certified public accountant, pursuant to Section 288.063(8), Florida Statutes, within three (3) months of the release of County's annual audit. 6 16Al 12.0 TERMINATION REPORT: Upon termination of this Agreement, the County will provide the following: (a) Certification that the Project has been completed in compliance with the terms and conditions of this Agreement and meets minimum construction standards established in accordance with Section 336.045, Florida Statutes. (b) A report which shall specify the following: (i) the total funds transferred to the County by OTTED pursuant to this Agreement; (ii) the total income, interest, or other revenues obtained from the investment of said funds; (iii) the total direct Project costs paid from funds made available by OTTED pursuant to this Agreement; (iv) the balance of any unexpended Project funds; (v) the actual amount of the EDTF Business' capital investment; and (vi) the actual number of permanent, full-time jobs created by the EDTF Business. 13.0 FOLLOW-UP REPORT: Two (2) years after the EDTF Business has completed the construction associated with this Project, the County will provide OTTED with the actual number of new, permanent, full-time jobs created by the EDTF Business. 14.0 INDEPENDENT CAPACITY: The County shall act as an independent contractor and not as an employee of OTTED in the performance of this Agreement. The County agrees to take such steps necessary to ensure that each subcontractor of the County will be deemed to be an independent contractor and will not be considered or permitted to be an agent of the State. The County will not pledge the State's credit or make OTTED a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 7 16Al 15.0 COMMENCEMENT: Unless terminated earlier, the construction of the Project shall commence no later than October 20, 2003, and shall be completed on or before February 17, 2004. OTTED shall have the immediate option to terminate this Agreement should the County fail to meet either of the above-required dates. 16.0 UNEXPENDED FUNDS: Upon termination or expiration of this Agreement, any funds made available by OTTED pursuant to this Agreement but not expended at that time shall be returned to OTTED. All investment earnings realized pursuant to Section 6.2 of this Agreement shall be returned to OTTED. 17.0 EXPENDITURES IN VIOLATION OF AGREEMENT: Any Project funds made available by OTTED pursuant to this Agreement which are determined by OTTED to have been expended by the County in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to OTTED. Acceptance by OTTED of any documentation or certifications, mandatory or otherwise permitted, that the County files shall not constitute a waiver of OTTED's rights as the funding agency to verify all information at a later date by audit or investigation. 18.0 TERMINATION OF AGREEMENT: Either party may terminate this Agreement upon no less than 24 hours notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. In the event the County fails to perform or honor the requirements and provisions of this Agreement, the County shall return funds in accordance with Sections 16.0 and 17.0 of this Agreement within 30 days of the termination of this Agreement. 19.0 TRAVEL: There shall be no reimbursement for travel expenses exceeding the all- inclusive funds allocated in this Agreement. 8 16Al 20.0 MODIFICATION OF AGREEMENT: In the event the County desires to modify any of the terms and conditions of this Agreement, the County shall make such request for modification in writing to OTTED at any time during the term of this Agreement. However, if the request for modification relates to changes in the project commencement and/or project completion dates, such request must be received by OTTED prior to the expiration of the current commencement or project completion date. If such a request is made after the expiration of the above referenced date, OTTED shall have the option to terminate this Agreement. 21.0 ATTORNEY FEES: Unless authorized by law and agreed to In writing by OTTED, OTTED will not be liable to pay attorney fees, interest, or cost of collection. 22.0 PRESERVATION OF REMEDIES: No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement, will impair any such right, power or remedy of either party; nor will such delay or omission be construed as a waiver of any breach or default or any similar breach or default. 23.0 ENTIRE AGREEMENT: This instrument embodies the entire agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communication, representation, or agreement, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by the parties. 24.0 SEVERABILITY: If any term or provision of the Agreement is found to be illegal, invalid, or unenforceable, the remainder of the Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. 9 16Al 25.0 STRICT COMPLIANCE WITH LAWS: The County agrees that all acts to be performed by it in connection with this Agreement shall be performed in strict conformity with all applicable laws and regulation of the federal government and State of Florida. 26.0 NON-DISCRIMINATION: The County will not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of age, race, creed, color, handicap, national origin, or sex. The County affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes, and that at no time has the County been placed on the Discriminatory Vendor List. The County further agrees that it shall not violate such law and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. The County shall insert similar provisions In all subcontracts for services by this Agreement. 27.0 AVAILABILITY OF FUNDS: The State of Florida's performance and obligation to pay under this Agreement are contingent upon an appropriation by the Legislature. In the event of a State revenue shortfall, the total grant may be reduced accordingly. 28.0 PUBLIC ENTITY CRIME: The County affirms that it is aware of the provisions of Section 287 .133(2)(a), Florida Statutes, and that at no time has the County been convicted of a Public Entity Crime. The County agrees that it shall not violate such law and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. 10 16Al 29.0 UNAUTHORIZED ALIENS: OTTED will consider the employment of unauthorized aliens by any contractor a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this contract. 30.0 PUBLIC RECORDS: OTTED may unilaterally cancel this Agreement for refusal by the County to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Agreement. 31. GOVERNING LAW: This Agreement is executed and entered into in the State of Florida, and w1ll be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party will perform its obligations in accordance with the terms and conditions of this Agreement. 32. LIABILITY AND INDEMNIFICATION: OTTED will not assume any liability for the acts, omissions to act, or negligence of the County, its agents, servants, or employees; nor will the County exclude liability for its own acts, omissions to act, or negligence to OTTED. In addition, the County agrees to be responsible for any injury or property damage resulting from any activities conducted by the County. To the extent permitted by law, the County agrees to indemnify and hold OTTED harmless from and against any and all claims or demands for damages resulting from personal injury, including death or damage to property, arising out of any activities performed under this Agreement and will investigate all claims at its own expense. However, neither OTTED nor any agency or subdivision of the State of Florida waives any defense of sovereign immunity or increases the limits of its liability upon entering into this contractual relationship. 11 16Al ,',~ 33. SUBCONTRACTS: The County shall be responsible for all work performed and all expenses incurred in connection with the project. It is understood by the County that OTTED will not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the County will be solely liable to the subcontractor. When contracting with subcontractors, the County must require subcontractors to indemnify and hold harmless the state for actions of the subcontractor resulting in personal injury or death, or destruction or damage to property, arising out of activities performed under this Agreement and shall investigate all claims at it own expense. 34. NON-ASSIGNMENT: Neither party may assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the other party, which consent will not be unreasonably withheld. Any assignment, sublicense, or transfer occurring will be null and void; provided, however that OTTED will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the County. In the event that OTTED approves transfer of the County obligations, the County remains responsible for all work performed and all expenses incurred in connection with this Agreement. 35.0 SIGNATORIES AUTHORITY: By the execution hereof, the parties covenant that the provisions of this Agreement have been duly approved and signatories hereto are duly authorized to execute this Agreement. 12 16Al 36.0 DUPLICATE ORIGINALS: This Agreement is executed in duplicate originals. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. COLLIER COUNTY BY: BY: ~~ '1.l q . 03 DATE: TITLE: TITLE: ATTEST: ATTEST: , .) . t suffIciency ,...._~) ,... . ~.r,;..) . ATTEST: , . > , DWIG~r E~8ROCK CLEm< -e4..~~:~.~~.bc. DeRY,ty Clerk, \ ,:--' ",.' J I P'. Attest IS to ci.,'fr..... Sfgnature OfttJ_ 13 16Al EXHIBIT A o ) 16Al STATE OF FLORIDA ECONOMIC DEVELOPMENT TRANSPORTATION FUND APPLICA TION Collier County Unit of Government or Public Authority ("Applicant") on behalf of March Performance, Inc. Business Name 3/543 Date Received 3h-~r Date Completed ~~3//k Project Number Submit Application To: Enterprise Florida Attn: Alberta Simmons Economic Development Transportation Fund Program The Atrium Building, Suite 201 325 John Knox Road Tallahassee, Florida 32303 Telephone: (850) 922-8737 Fax: (850) 922-9595 #EDTF04 (~ffeclive January. 2001) t) ) 16Al ECONOMIC DEVELOPMENT TRANSPORTATION FUND APPLICATION OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT Applicants are advised that this application must be submitted in accordance with the provisions of Florida Statutes, Section 288.063. and the Office of Tourism, Trade, and Economic Development's Economic Development Transportation Fund Guidelines. I. APPLICANT Government Applicant: Collier County Government Federal Employee Identification Number: 59-6000558 Name of Primary Contact: Helene Caseltine Title: Economic Development Manager of Collier County Address: 2800 North Horseshoe Drive Naples (City) Telephone: (239) 403-2398 FL 34104 (State) (Zip) Fax: (239) 213-2916 II. COMPANY PROVIDING EMPLOYMENT (only one company may be listed) II. COMPANY PROVIDING EMPLOYMENT (only one company may be listed) Company: March Performance Primary Contact: Kim March Title: President / Owner Address: 6020 Hix Road Westland MI 48185 (City) Telephone: (734) 729-9070 (State) (Zip) Fax: (734) 729-9075 Principal Business Activity: Manufacturing of high precision automobile parts SIC Code Number: 3568 Type of Facility: New Location (X) Expansion of Existing () Retention ( ) Date Construction Will Begin: August 2003 Date Company will be in Operation: March 2004 Estimated Square Feet of Facility: 40,000 sq. ft. tiEDTF05 (effective January, 100/) -3- l) .) 16Al Full-time Employment GeneratedlRetained: New 40 Retained (IMPORTANT NOTE: Grant request should not exceed $5,000 per job. Grants exceeding $5.000 per job may be approved when the project occurs in an economically distressed community and afurther wll;ver of this guideline may be granted pursuant to the EDTF Program Guidelines.) New Capital Investment Generated: $3.05 million Briefly Describe the Facility (New or Existing) or the Expansion. The company will construct a 40,000 square foot facility to house its corporate headquarters and manufacturing of high-performance, precision automobile parts. III. TRANSPORTATION (Attach a rough site plan with facility in relation to the requested transportation improvements.) A. Briefly describe the transportation problem that is an impediment to the company described above and give its importance to the company's decision. There is no access from Old 41 to the proposed site. B. Briefly describe the transportation project that will alleviate the transportation problem. The construction of a two lane access road from Old 41 to the company's site. in addition to the construction of left and right turn lanes from Old 41 to the access road onto the facility. ##EDTF05 (effective Ja/tuary. 200/) -4- LJ ,) 16Al C. . Estimated Cost ofthe Transportation Project: Construction: $ 170,225.15 Right-of-Way: · $ .0- IMPORTANT NOTE: Right-of-Way cost may be used as matching dollars if acquisition is required from a third party in order to construct the transportation facility. Design & Engineering: TOTAL COST: $ $ 35,000 205,225.15 D. Transportation Project Funding Sources: City: County: Company: Other: $ -0- $ -0- $ -0- $ 5,225.15 Please specify: The developer has agreed to contribute toward the cost to construct the transportation project. Request from the Economic Development Transportation Fund ($2,000,000 maximum): $ 200,000 TOTAL COST: $ 205,225.15 (NOTE: The total costs must equal the sum in items C and D) E. Estimated Number of Days To Construction of the Transportation Project: 120 days IV. PROJECT LOCATION A. Located in an Enterprise Zone? Yes X No B. Located in the Target Area of a Community Development Corporation? Yes X No C. Located in a Front Porch Community? Yes X No D. Located in a RED! County? Yes X No E. County population of 75,000 or less? Yes X No F. City population of 10,000 or less? Yes X No G. City population over 10,000 but less than 20,000? Yes X No H. Located on Brownfield Site or in a Brownfield Area?-Yes -X- No *EDTF05 (effective Jaltuary, 100}) -5- l) ~) 16Al I{ v. SELECTED ECONOMIC INDICATIONS A. Unemployment Rate of the local unit: 3.9%, Identify local unit (e.g., county, city, census tract) Collier County. 2001 data State Rate 4.8% Information Source and Date of Source: Florida Aiency for Workforce Innovation B. Per Capita Income of the local unit: $40,121 Identify local unit (e.g., county, city, census tract) Collier County. 2002 data State Per Capita Income $27.764 Information Source and Date of Source: Bureau of Economic Analysis C. Poverty Rate of the local unit: 10.3% Identify local unit (e.g., county, city. census tract) Collier County State Rate 12.5% Information Source and Date of Source: 2000 Census. U.S. Census Bureau IMPORT ANT NOTE: Only Creditable Government Sources can be accepted e.g., Latest u.s. C-ensus Dllta, or Florida Statistical Abstract Dllla. or Florida Department of Labor Isnd Employment Security Dllla. VI. OTHER CONSIDERATIONS A. Is the adopted local government comprehensive plan for the jurisdiction in compliance with Chapter 163, Part IT, Florida Statutes? X Yes No If Dot, what is the expected time frame for compliance? B. What is the Future Land Use Map designation for the business facility state? Commercial and Multi-Family, however, in the process ofre-zoning the property to Research and Technology Park zoning. C. Are the transportation project and business facility consistent with the adopted local government comprehensive plan? Yes X No If not, describe the inconsistency and give the time frame for amending the plan: Site is currently zoned for Commercial and Multi-family, Residential use; however, in the process of re-zoning the property to Research and Technology Park zoning. D. Does construction of the business facility trigger concurrency requirements other than for transportation facilities? _ Yes X-- No #EDTF05 (~.ff~t:live Jalluary. 2001) -6- l) .) 16Al If so, explain: E. Does construction of the business facility trigger concurrency requirements for transportation facilities? Yes X No If yes, what transportation management alternatives have ~onsidered?_ F. Does the adopted plan include an Economic Development Element? Yes ---- No ~ G. Is the applicant's transportation project linked to other publicly funded economic development programs? If so, how does it further those efforts? Yes. March Performance has applied to receive the Florida Qualified Target Industry Tax Refund (QTO. There are numerous costs associated with relocating the company to Collier County such as capital expenditures for real and personal property, operational costs and training expenditures that will be incurred. Tax incentives are a key tool for controlling costs, especially up-front, start up and relocation costs that directly affect a company's cash flow and earnings. The Qualified Target Industry Tax Fund Program will help alleviate some of the up front costs and will allow the company to maximize its cash flows and earnings. The QTI and Road Fund incentives are paramount for March Perfonnance to consider the relocation decision. Without these incentives, the company will not be able to afford to relocate to Collier County. The QTI and Road Fund incentives would help induce the creation of 40 new high wage jobs in Collier County in one of Florida's targeted industries and consolidate the company's functions as a corporate headquarters and manufacturing operations. The jobs created will pay an average wage of$54,470, which is 85% above Collier County's average wage of $29,553. H. Will low to moderate income workers be eligible for employment within this facility? Yes X--- No . ____ ' If Dot, why not? I. What role will the transportation project play in the decision of the business to locate, expand, or remain in this state? Company's location decision is contingent upon the resolution of the transportation impediment. The use of the Road Fund is critical to pay for construction of the road to provide access to the site. #EDTF05 (effeClive Janu.ary, 2001) -7- u ) 16Al J. Is there documented competition for this project? K.. YES _NO (Check all that apply.) IMPORTANT NOTE: If there ;s "0 docume"ted competition, the project is "ot eI;gible. State(s) Michigan Summarize Incentive(s): Investment Tax Credit. Prooertv Tax Abatement Program Country(ies) Summarize Incentive(s): Florida Community(ies) Summarize Incentive(s): VII. PROJECT INFORMATION Location of Project (provide Road Number, ifapplicable): U.S. State County X City Party responsible for maintenance and upkeep: State County City (If more thll" o"e is IIppl;cllble, plellse indicllte.) .Other X · Currently, the party responsible for maintenance of road is the developer; however, an association will be fonn to maintain the roads in the future. (please see attachment) Total Length of Project: 900 linear feet mile(s) Is there an alternative that would provide more cost effective access to the project? Yes X No Are there any additional traffic impacts? If yes, does the project provide for additional impact? If no, please explain: X Yes - X Yes No No VIII. TRAFFIC IMPACTS FOR PROJECTS INVOLVING STATE HIGHWAyS ONLY 1. Traffic generation estimates (in number of vehicles daily): Number of Cars Number of Trucks 2. AM Peak Hour _a.m. to _a.m.-Indicate Number of: Inbound Cars Outbound Cars 3. PM Peak Hour Inbound Cars Outbound Cars Inbound Trucks Outbound Trucks p.m. to _ p.m.-Indicate Number of: Inbound Trucks Outbound Trucks flEDTF05 Wlecli~Jdnw:I1Y. 100/) -8- L) ) 16Al IX. SIGNATURE: If this application is for a city road, the city must agree to maintain the road. Ifa county road is involved, the county must agree to maintain the road. This will be stipulated in all contracts involving expenditure of the Economic Development Transportation Fund. DOT fonn on Page 10, letter from applicant, letter from the benefiting company and a map showing the relationship of the facility to the transportation project must accompany this application. --y; '"'" Ikn n i I\&, ~ arne) \(" Please type: Signature: (Sj,gnature must be that of an ele 2. - 2..~ - 03 Specific Authority 288.063, 120.53 (1) (a), F. S. Laws Implemented 288.063, 120.53 (1) (a) d city or county official) . ",-."'''''\'" , .... .... ... . ~ \ ...;- ".~.." 110 '. ATrEST:~l~... oiJli'.l ~I.....;.t~ D\\!lGH.i~:-W'bL ,fl4"~ f A .' " l ,'. ~d: "':-._' ~', ::,':~ .( . " . ,~: '" '-:...: . ~ " '.' ...':.~ ';"'.;.' ,.........~.-~~: .~. AtteSt-~.S. tif'C~\~,:'~' /, sinftat,"~OOJ1.'---~.--~.;;"'--: ' 1P"'" ,'" J I ........ l~"" _- . ... ':".J . ~~j~.-:&'.r~~...- ....., . -..........:t;,v .........;~ .\....__,,..a..., MEDTFOJ (~ff~Clrw J_",. 100/) -9- a-a8-03: 3:'.~~;~I.nnlng ,..~VIC.. U ) ; 84' 8585705 · a.... a 16Al .1 . ~. oma 01' TOURISM. TRADE, AND ECONOMIC DEVELOPMENT ECONOMIC DEVELOPMBNT TRANSPORTATION PROJEC'I' FOR SUBMISSION TO YOt1R DOT DISTRICI' SECRETARY'S OFFICE lMPOll:tAN'l' N07'B: ..,,..,,.. ~ wIduNII *' MIl"'" ptIp tin ....,.,;." trill""" Jw "....-lUIIIIdu .,1it:Mt ..-'* ,. .,.""... ".,.,., 1-. X DOT TRANSPORTATION PROJECT CONSTRUCTION c<Wf ~ Based OD inimTnarion provided with rhia ~plication: &t;brl_IP-d cost of eonaczuaiOD: $ EatlnutM COlt of daht-of-way: $ EstinJMNf ~ of desip and ~ S Has desip md enaJnfW'iul been comp1etDd? Wu cost ovemm cooaidered in total cost? Ifya, how much? Is dell.gn iD ICCORIauce with DOT specifications? How many days estimared for completion? DOT Comments: . t,5 2~1J73?- NogE 3~ooo Yea Yes .:J- No -X.... No - I S ~:'j~Yj (Sipatme ofOOT) Tho signatUre ofFDOT oDly attests to BDTF transportation project cost csdm~ and does Dot commit FDOT to automatically approve any permits associated with this project. " <<DTI'OJ (IfIIfllDlN...,.", %001'- -10- ..~----_.".~,----- '. - "-"." ,..... _....~....L.L.I -~-._"'-."'.a1t. (yarding to Section ~ Pro]Cct Worn::>~ Page 8 . .:! :! .. (i) 16Al Memorandum ~ To: Helene Caseltine Economic Development Manager Norman E. Feder, Alep ~ Transportation AdminIstrator ftEceVEQ JUt 0 I Zl102 IfOUSIHQ . U_AN lfIFtROVEMEN'r From: Date: July 3. 2002 Subject: North Naples Research and Technology Park West side of Old 41 Road at ColHer County line The Transportation Services Division will be pleased to meet with and work with you and the developers of the subject project. It is our undcntanding that a anmt is being applied for UDder the 14Road Fund" program of the Florida Department of TransPortation (FDOT). Edward J. Kant, P .E., Transportation Operations Director, met with you and the developmc;nt representatives on Tuesday, luJy 2 for an initial review of the plan.. At that meeting it was determined that the proposed road would be a public road; however, a property owners' . association will be formed to accept responsibility for maintenance of the roadway and chain.age " facilities. Please keep us apprised. of the progress of this project and let us know haw we may continue to assist in this endeavor. cc: Edward J. Kant, P .E., Transportation Operations Director Don Sco~ AICP, Transportation Planning Director Connie Deane, Transportation Services Division Community Liaison File: Old 41 Road .~' .' Transportation Operations Department ------ -. ---....~~ -----.- -----..-. .--..- -_. --'-'-'--,,~-_._---,,----- --"- - - ---.- -.- -- .__._-~.- . !! ...;.: ~;::~::,*\ :, " I...', 'V ,.:..-+ , .... .. - ",:, W~ ~I:~~ rAA ~~~.~~~~u.. ". I. ] .... '..;.;, :.) -eo I I :II. .D "'~..:.;,; '~',:,':, . .. .. ..~ . . . . : : 11'" ,.. . ~ ,~ '.'. , '. r '.' X,,:" ',jl~, ' l "II. : ;;;,":;iM, :. II~ . : ' II" . ....::..Ir, ; :: , " . THl'l'NAP~SE~RCN ",:-',,/...':. ~.:.'~.."...,.,.~,;.. .~" /' '" ':11:.. , D, ~~HNouec-Y PARK If :, '. '.11 ' " ': ::.... ,~. 1~ ~ .. ",,~ < .~. ':.'.,.. "'. ~'~,:.. ..' ", ,~:' .....,..~ '.:' ,',' . ; '.,~~:;. ::.';':'l~' '~ -..,,' ~'" \,' " ". ...... "7:~: ~~, ';tiIIi,. _~..:-4!i,.; .";' -', ~:_~.,j:~.~t>. "OlIIIic:..,I",O~,:.::.-;,.~ ~~..: r': ,.~~~t>:~,~',::'.i.~';' ;: . ..,~~"""~' :~".- ..~,..:.;.. ,I' i :,~~:;~: ~;{'- - ,.- -.\ I ~ ..C)~ \ : <I' '\ ' '. "( i!J ,'J '.\ + ,/;':,'" . .: \..... ..-.~ --~ ~iIt--: "~,;;'~"O:,'".' ~':..f 1 I I ~ I i ;:. ~:~ ~.- ~;:;. :,' , '..:., ....,' .i I ~ 8 j. I i i , ::S .. ;....... I ,~ ", ... .."".... ...-.-:" ItM -......... ISO 1:1Ioo,.. War Na,pl... P'L U 11 0 'heftel ('''1) 2.....2000 t'I.rfda c.rttn.crt. .f Authorlzaflon No.I77Z USGS LOCATION MAP ~I'I'I W. roC. ,""WIt IV I CoO-II. DATE: : 0'1 f!t.l .' . ~ .....;.._.~ .~-_._.. ,) t '~'V." : 1'~,-, ..;...- . · '-";;'.f~ : .' i 1 I ~~If ;,' :,\ Jilt f I "j' '~', trj ~ -e \L... .-LE:E COUNTY I" . -,.. .. SCALI:: 1- ,.. .....'_. I...... .- ~." . , ~ -,,"" .,..;.. .. .', . ~~"',., ..--....~.~..,.::'. COUNlY UNE ,rc-.;.,I, ~. ~. ..........~.,..."'......4lI. ! , ~ < --- . PROP'Osm ~MARCH INOUSlRlq:f SITE H --..... \, ;, 't. ~ .. ! .f I'" r . ~ . ~M " ~: ", .: .~. . ", ~~ l COWER COUNTY H if H I n ~ ~'1'" a 'l ;! .1 t ~l. I '.tt. ! i i~a ~ :it 111M ~ _fl.-s." 1 i I . ." ,<. ........ ..:0" ofl" , ,0' '. ( / f ISO EMON W., ~ n.. .w110 ........ 141) 254-2000 nort Cer1tftoale of ~"4t1on No.1 "2 MORTH MAPLES lllEARCH a TECHNOLOGY PARK u.a.G... LOCATION MAP ," , ,- ..,.;".... , l .' " ' : ~ ,1 :~. T. 1 ': 1 " 1 . ". 1 I I I . (J ') 16Al <l.lJ .. , , , :'1 I..'" ,., t - ilil , 1'1 H. r ..). !J 11# i I t I' t. t' DI~ I, .. ;. I' .I~ i I Hiil3 !z " I ,. i~ .. . I e 'II JI Iii Ilal II J I fJ1I1 I I jJ .. I i, , I I!I ,. II I I I I I I I I If'.@ I .. to I . ....... I :a I I , :a i iiiiiii 1!!!!51 I i Iltl, I I s ~ I ~ I JO 01 --...........~_.._-_... :z: U~ ell: cc JIG. I; .0 -5 ~I cu ZIU i:~ !1 Z ~) 16Al ~~.~ MARCH PERFORMANCE 6020 Hix Road. Westland. MI 48185. 734-729-9070. FAX 734-729-9075 March 19,2003 Alberta Simmons Enterprise Florida The Atrium Building, Suite 201 325 John Knox Rd. Tallahassee, FL 32303 Dear Alberta: Thank you for considering March Performance to participate n the Economic Development Transportation program. March Performance is a designer and manufacturer of high performance automobile parts, which are distributed throughout the United States and exported to Canada. The reason we would like to build our facility towards the end of the property rather than the front are: Environmental officials require a portion of the front of the property to be a preserved area A portion of the property at the front has been designated for Workforce Housing The first few parcels on the front are being zoned Commercial The size of the building requires a bigger area than the parcels at the front of the property. For example: the width and depth of the building The parcel at the end of the property will provide our company with area for future growth and expanSIon Combining parcels at the front will not provide the company for future growth and expansion March Performance considered other sites, but there was not enough depth to the lots and all were too close to the road Finally, we considered expanding at our current facility and signing a five-year lease in Michigan. Weare considering to relocate our corporate headquarters and manufacturing' facility to Collier County; however, in order to do so we need the support and facilitation of state incentives. Thank you in advance for your assistance and consideration. If you have any additional questions concerning to March Performance, please contact me at (734) 729-9070. Sincerely, ;f II C;f.. .. . . :-'; I ~; }(.J r ; ~~~.. !(i q..1 " " Il'i' , , .. ~ Kim March, President March Performance .~ ' , , ., '1 . 63/26/2663 08:68 2392535021 ( ') PAGE 62 ,) 16Al ~,.. -~::~~:; ~::.. COLLIER COUNTY GOVERNMENT COMMUNITY DEVEJ...O'PMENT AND ENVIRONMEN'J'A,L ~..ID:'ICES DIVISION PLANNING SERVTCES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLF.S,FL 34104 March 18, 2003 Ms, Alberta Simmons Enterprise Florida 325 John Knox Road, SuIte 201 Tallahassee, FL 32303 Dear Alberta: Thank you for taking the time to come down and visit with us yesterday to discuss the March Performance project in North Naples and the pending EDTF application. As we had discussed, County staff realizes there Is a discrepancy between our cost estimate for road construction and that provided by the DOT district office. We intend to stand by our original estimate of $205,225.15, wh.ch includes design and engineering plus actual road construction. And, based on the jobs created by the project (40), we also understand that any costs incurred above the grant's eligibility amount will be paid by the developer Please give me a call if you, or any of the reviewing agencies, have further questions or need additional information. at 239-403-2398. Thank you very much for your consideration, and it was great seeing you again! SiitL. Helene Caseltlne. CEeD Economic Development Manager J c: Economic Development Council of Collier County Randy Cohen. Manager, Redevelopment Section-Collier County Planning Services Department Andy Mager, Galleria Properties, LLC the Photte (941) 403-2400 F:u (941) 643.6968- www.col1iet.~ . -v .'~.. l) .) P/J~o/~~ ~~ ~~ 3301 East Tamlaml Trail · N.p.... Florida 34112. 4977 (239) n4-8097. Fax (239) n4-3S02 16Al Donna FIala District 1 Frank Halas D1atr\ct 2 Tom Henning District 3 Fred W. Coyle District " Jim Coletta District 5 February 25, 2003 Ms. Alberta Simmons Enterprise Florida 325 John Knox Road, Suite 201 Tallahassee, FL 32303 Dear Ms. Simmons: Enclosed is a completed Economic Development Transportation Fund application, submitted by the Collier County Board of County Commissioners, on behalf of March Performance, a manufacturer and designer of high-performance auto parts. March Performance is giving serious consideration to a parcel in the proposed Research and Technology Park in North Naples, making this site the new location for its corporate headquarters and Research & Development/manufacturing facility. March Performance would be the fIrst anchor tenant in the Park and, at this point, the firm is not considering any other sites in Florida for their relocation. The company is also contemplating sites in their home state of Michigan, which is offering tax abatements and other tax credits. There currently is no access to the parcel the client is considering in North Naples, and there are no immediate plans within the County's transportation work plan to accommodate the company's needs. The proposed roadway will end in a cul-de-sac up to the company's property line. As required by the grant program, we've also attached a copy of the USGS map showing the location of the Research and Technology Park and the proposed project area. J The County's contribution to this project will consist of "Fast-Tracking", or expediting, the permit application process both locally and on a state level if necessary. If not for the incentives available through the State of Florida, in addition to our local Fast-Track Permitting program, March Performance would not locate to Collier County. The direct economic impact for this project is approximately $2.1 million per year in addition to the company'.itial investment of$3.7iDillion. The company anticipates hiring 40 new employees at an average annual wage of $54,570, which is 185% of the average wage for Collier County. According to the Florida Agency for Workforce Innovation, the average unemployment rate for Collier County in 2001 ',- ,. ( ) , . Ms. Alberta Simmons February 25, 2003 Page two ) was 3.9%. A manufacturer of this stature will go a long way to help diversify the local and regional economy plus boost the incomes of our local residents. If you have any questions or need additional information, please call Helene Caseltine, our Economic Development Manager, at 239-403-2398. Thank you very much for your consideration. ~ Tom Henning, Chairm Board of County Commission c: Economic Development Council of Collier County Collier County Planning ServiceslRedevelopment Section Enclosures THlhc _._-_._-"...,._------_.....__._.~..~_.._._._- ---. -----~-"_..- .._-~-------- 16Al MARCH PERFORMANCE ) w ~ { 1.7{0.3 16Al 6020 Hix Road. Westland, MI 48185. 734-729-9070. FAX 734-729-9075 02/06/03 Alberta Simmons Enterprise Florida 325 John Knox Rd. #201 Tallahassee, FL 32303 Dear Alberta: March Performance is a manufacturer and designer of precision automobile parts currently located in Westland, Michigan. We manufacture pulleys, brackets, serpentine conversions and other automobile parts for the performance and show car market. Our business has been successfully growing at a rate of 15% per year with no down turns in the last twelve (12) years. In order to maintain and increase production of our current business level, we must expand our facility. It is our understanding that the State of Florida has the Economic Development Transportation Fund (Road Fund) program through Enterprise Florida and the Governor's Office that provides assistance to offset the cost of roads as an inducement for businesses to expand and relocate to Florida. March Performance would appreciate your support in pursuing the Road Fund grant for the creation and improvement of the roads required by our proposed site. The Road Fund incentive is absolutely necessary for this road issue to be resolved in order for us to proceed with our project. At this moment, we are not considering any other Florida site. March Performance is interested in the North Naples Research and Technology Park, which is located at off Old High Highway 41. Currently, there are no existing roads to enter the proposed site. The Road Fund will provide the creation of offsite turn-lanes and road access for employees and trucks to the proposed facility. Approval of this road grant will allow March Performance to create forty (40) new jobs in Collier County, Florida at an average wage of $54,570, which is 80% higher of the current average wage. March Performance'sllltWiiapitaljavCltment.js~~ted.at'3.DSmillion, i We appreciate your consideration and eagerly wait for your response. Sincerely yours, fd--- Mr Kim March President ._'_._-+.,.~--_._-~-_._--------+------~-~_.. .---.- 16 Al .~ EXHIBIT B -.'" ,~- -"_.....,.._..-...,.._.,._-,.._",._~,._"._..,,"_'-W~_~_,,,'__ 16Al EXHIBIT B SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Office of Tourism, Trade, and Economic Development (OTTED) to the County may be subject to audits and/or monitoring by OTTED, as described in this section. MONITORING By entering into this agreement, the County agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by OTTED. In the event OTTED determines that a limited scope audit of the recipient is appropriate, the County agrees to comply with any additional instructions provided by OTTED to the County regarding such audit. The County further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer, Auditor General, or Chief Inspector General. The County shall permit access to the County's records and independent auditor's working papers as necessary to comply wi th the requirements of this Agreement. AUDITS 1. In the event that the County expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of the County, the County must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes (the Single Audit Act); applicable rules of the Executive Office of the Governor and the Chief Financial Officer, and Chapter 10.550, Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the County shall consider all sources of State awards, including State funds received from OTTED, except that State financial assistance received by a non-state entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements, the County shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 2l5.97(2)(d), Florida Statutes, and Chapter 10.550, Rules of the Auditor General. 3. If the County expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of the Single Audit Act is not required. In the event that the County expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of the Single Audit Act, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from County funds obtained from other than State entities). 4. The County must include the record keeping requirements found herein in sub-recipient contracts and subcontracts entered into by the County for work required under terms of this Agreement. In the executed subcontract, the County shall provide each sub-recipient of state financial assistance the information needed by the sub-recipient to comply with 2 16Al the requirements of the Single Audit Act. Pursuant to Section 215.97(6), Florida Statutes, the County shall review and monitor sub-recipient audit reports and perform other procedures as specified in the agreement with the sub-recipient, which may include onsite visits. The County shall require sub-recipients, as a condition of receiving state financial assistance, to permit the independent auditor of the recipient, the state awarding agency, the Chief Financial Officer, and the Auditor General access to the sub-recipient's records and independent auditor's working papers as necessary to comply with the requirements of the Single Audit Act. 5. For information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial Assistance (CFSA), the County should access the website for the Governor's Office located at http://www.f1gov.com/for assistance. In addition to the above website, the following web sites may be accessed for information: Legislature's Website http://www.leg.state.fl.us/. the Department of Financial Services' Website http://www.dbf.state.fl.us/aadir/FSAAIndex.html. and the Auditor General's Website http://sun6.dms.state. fl. usl audgen. REPORT SUBMISSION Copies of audit reports conducted in accordance with the audit requirements contained herein shall be submitted to the parties set out below. The annual financial audit report shall include all management letters and the County's response to all findings, including corrective actions to be taken. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. The complete financial audit report, including all items specified above, shall be sent directly to: Ms. Marcia Campbell Sharpton, Brunson and Company, P.A. 215 South Monroe Street, Suite 600A Tallahassee, Florida 32301 and State of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 RECORD RETENTION GRANTEE shall retain all grant records and shall ensure the retention of its independent auditors working papers for a period of five (5) years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the five (5) year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the five (5) years period, whichever is later. 3