Agenda 07/22/2008 Item #16A 1Agenda Item No. 16A1
July 22, 2008
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve a Fee Payment Assistance
Program Agreement with Arthrex Manufacturing, Inc., consistent with the provisions of the Fee
Payment Assistance Program and the company's approved incentive application
OBJECTIVE: Recommendation that the Board of County Commissioners (Board) approve a Fee
Payment Assistance Program Agreement with Arthrex Manufacturing, Inc. ( Arthrex) consistent with
the provisions of the Fee Payment Assistance Program and the company's approved incentive
application.
CONSIDERATIONS: On November 18, 2003, the Board adopted Ordinance No. 2003 -61, as
amended, which established a Fee Payment Assistance Program to mitigate the economic effects of
increased impact fee rates. The Fee Payment Assistance Program is intended to:
(1) Provide a performance -based program offering financial relief for eligible targeted industry
development or expansion projects in Collier County to mitigate the effects of rising impact fee
rates;
(2) Provide for the economic well being of Collier County residents by providing higb -wage
employment opportunities in Collier County;
(3) Lessen the seasonal cycle of Collier County's economy; and
(4) Encourage investment opportunities for new or existing companies thus increasing and
diversifying the county's tax base.
Arthrex is an existing Collier County business that is relocating its manufacturing facility to the Ave
Maria/Arthrex Commerce Park. The proposed new facility is approximately 200,000 square feet with a
capital investment of $31 million over three years. The Arthrex professional and managerial personnel
will remain at the current Creekside Commerce Park location with the intention to expand into the
space now occupied by the manufacturing operation. Arthrex proposes to create 100 new jobs and
currently employs 550. The average wage of the current and proposed jobs is $47,769 which meets the
requirement to participate in the Fee Payment Assistance Program in Eastern Collier County.
The application by Arthrex for the Fee Payment Assistance Program was discussed by the Board on
April 23, 2008 (Item IOD) at which time the Board directed the County Manager (or his designee) and
the County Attorney to prepare an Ordinance to amend the Fee Payment Assistance Program to allow
the wages of the existing jobs and the newly created jobs to be utilized to calculate the average wage
for the purpose of qualifying for the Program. During this discussion, the Board also directed that the
remaining Fiscal Year 2008 uncommitted Economic Incentive funding be provided as Fee Payment
Assistance Funds for Arthrex. That amount totals $1,054,449.65, as reflected in the attached
Agreement. All additional impact fees due for the project are the responsibility of the
applicant/property owner.
Agenda Item No. 16A1
July 22, 2008
Page 2 of 10
On May 27, 2008, the Board adopted Ordinance No. 2008 -25 amending the Fee Payment Assistance
Program in accordance with the request by the Economic Development Council of Collier County and
the prior direction of the Board, as detailed above. Arthrex qualifies for the Fee Payment Assistance
Program based on the adopted provisions.
The Fee Payment Assistance Agreement will stand in lieu of payment of a portion of the impact fees
for the project and a lien will be placed on the subject property for that dollar amount. The lien will
remain on the property for the term of the agreement, which is a period of 10 years from the first
Certificate of Occupancy (CO) issued for the subject development. At the conclusion of the agreement,
if all requirements are met, the lien will then be released from the subject property. If at any time
during the term of the Agreement the non -County party is not in compliance with the terms and
requirements set forth by the Agreement, they may be found in default and subject to default provisions
set forth in Ordinance No. 2003 -61, as amended.
The Business Management and Budget Office of the Community Development and Environmental
Services Division has responsibility for job verification as well as monitoring program compliance.
The 100 new jobs are proposed to be in place by September 30, 2010.
FISCAL IMPACT: The budget for the local Economic Incentive Programs for Fiscal Year 2008 is
$1,147,100. Based on the proposed capital investment of $31 million, Arthrex is eligible for a Fee
Payment Assistance incentive of $1,189,811. However, as discussed above, the Board directed that the
remaining Fiscal Year 2008 uncommitted Economic Incentive funding be provided as Fee Payment
— Assistance Funds for Arthrex. That remaining balance totals $1,054,449.65. If the Board approves the
proposed agreement, the funds will be used to pay a portion of the estimated upfront Transportation
Impact Fees due at the approval of the Site Development Plan (SDP). Any remaining estimated
upfront Transportation Impact Fees will be paid by the applicant/property owner. The other impact
fees (Jail, EMS, Government Buildings and Law Enforcement) as well as the balance of the
Transportation Impact Fees are required to be paid prior to issuance of the building permit.
The local Economic Incentive Programs are subject to the availability of funding, however, if the
Board elects to fund the Economic Incentives in the Fiscal Year 2009 budget, it is the discretion of the
Board whether or not to provide the remaining $135,361.35 in incentive funds to Arthrex. The option
would only be available if the building permit for the subject construction was issued in Fiscal Year
2009 because the balance of the local incentive funding for Fiscal Year 2008 will have been expended.
Any additional funding provided to Arthrex in a subsequent fiscal year will require an amendment to
the Fee Payment Assistance Agreement and approval by the Board.
GROWTH MANAGEMENT IMPACT: This request is consistent with Objective 3 of the Economic
Element of the Collier County Growth Management Plan which states: "Collier County will support
programs which are designed to promote and encourage the recruitment of new industry as well as the
expansion and retention of existing industries in order to diversify the County's economic base."
Agenda Item No. 16A1
July 22, 2008
Page 3 of 10
LEGAL CONSIDERATIONS: The County Attorney participated in the preparation of this proposed
Agreement, which is legally sufficient for Board consideration and approval. - JAK
RECOMMENDATION: That the Board of County Commissioners approve a Fee Payment
Assistance Program Agreement with Arthrex Manufacturing, Inc. consistent with the provisions of the
Fee Payment Assistance Program and the company's approved incentive application.
Prepared by: Amy Patterson, Impact Fee and Economic Development Manager
Business Management and Budget Office, CDES
Prepared by:
Jeffrey A. Matzkow
County Attorney
3301 Tamland Trail East
Naples, FL 34112
This space for recording
Agenda Item No. 16A1
July 22, 2008
Page 4 of 10
AGREEMENT FOR FEE PAYMENT ASSISTANCE PROGRAM
This Agreement for Fee Payment Assistance for the payment of Impact Fees is entered
into this day of , 2008, by and between Collier County, a political
subdivision of the State of Florida, through its Board of County Commissioners, hereinafter
referred to as "County," and Arthrex Manufacturing, Inc., hereinafter referred to as "Property
Owner," collectively stated as the "Parties."
RECITALS:
WHEREAS, Collier County Ordinance No. 2003 -61, the Collier County Fee Payment
Assistance Ordinance, as amended, and as it may be further amended from time to time, codified
in Chapter 49 of the Code of Laws and Ordinances of Collier County Florida, hereinafter
referred to as the "Ordinance," provides for Fee Payment Assistance for payment of impact fees
to qualifying businesses; and
WHEREAS, the Ordinance provides that its purposes "are to: (1) provide a
performance -based program offering financial relief for eligible targeted industry development
or expansion projects in Collier County to mitigate the effects of rising impact fee rates; (2)
provide for the economic well being of Collier County residents by providing high -wage
employment opportunities in Collier County; (3) lessen the seasonal cycle of Collier County's
economy; and (4) encourage investment opportunities for new or existing companies thus
increasing and diversifying the County's tax base;" and
WHEREAS, the Property Owner submitted an application to be considered for the Fee
Payment Assistance Program for a project involving the construction of a 200,000 square -foot
manufacturing facility. A copy of this application is on file in the Community Development and
Environmental Services Division, Business Management and Budget Office; and
WHEREAS, the County Manager, or his designee, reviewed the application and, based
on the representations therein, found that it complied with the requirements for fee assistance as
set forth in the Ordinance.
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Agenda Item No. 16A1
July 22, 2008
Page 5 of 10
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties agree as follows:
The foregoing Recitals are true and correct and are incorporated by reference
herein.
2. The legal description of the business or project is attached as Exhibit "A ", and is
incorporated by reference herein.
3. This Agreement will commence upon execution by the Board of County
Commissioners.
4. Property Owner represents and warrants that they are the owner of record of the
Property, and acknowledges that on April 23, 2008, the Board of County
Commissioners approved the remaining Fiscal Year 2008 uncommitted Economic
Incentive funding as Fee Payment Assistance Funds for Arthrex Manufacturing,
Inc., and that amount totals $1,054,449.65. All additional impact fees due for the
project are the responsibility of the Property Owner
5. Under this Agreement an annual review shall be performed by the County to
determine whether there has been good faith compliance with the terms of this
Agreement. Employer shall give the County reviewer full access to its business
records and business premises as required to certify the created jobs. If the County
Manager or his designee finds, on the basis of substantial competent evidence, that
there has been a failure to comply with the terms of this Agreement, the Agreement
may be revoked or unilaterally modified by the County. Employer shall be given
10 business days prior written notice of any review. In addition to an annual
review, within 10 business days from the County's written request, the Employer
will provide the County with all requested documentation required to verify
compliance with the terms of the Ordinance or this Agreement. In the event the
Property Owner is in default under this Agreement, and the default is not cured
within 30 days after written notice is provided to the Property Owner, the County
may bring a civil action to enforce this Agreement or declare that program's
payment of the impact fees not yet recouped and previously paid under this program
are thence immediately due and payable. The County is entitled to recover all fees
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Agenda Item No. 16A1
July 22, 2008
Page 6 of 10
and costs, including attorney's fees and costs, incurred by the County in enforcing
this Agreement, plus interest at the then maximum statutory rate for final
judgments, calculated on a calendar day basis until paid. These rights and remedies
of the County are in addition to any other rights and remedies that the County may
have should the Property Owner be in default or otherwise violate the terms of the
Ordinance or this Agreement.
6. The amount of the impact fees paid by the program will in all events become due
and payable and shall be immediately re -paid to the County by the Property Owner
if the Property is sold or transferred without prior written approval from the County
at any time after the first certificate of occupancy has been issued for the
development and prior to the 10 -year obligation period and the impact fees must be
paid in full to the County. Any outstanding (i.e., as yet not repaid) impact fee
amounts previously paid under this program will become due and payable and must
then be immediately repaid to the County in the event of sale or transfer prior to
expiration of the program obligation period.
7. The payment of impact fees via the Fee Payment Assistance Program will constitute
a lien on the Property which lien may be foreclosed upon in the event of non-
compliance with the requirements of this Agreement, or should any of the
representations set forth in the Application be untrue or unfulfilled. The amount
specified in this Agreement will serve as the amount of a lien against the Property.
Neither the payment of impact fees nor this Agreement may be transferred,
assigned, credited or otherwise conveyed without the prior written approval from
the County, which approval may be freely withheld.
8. On Property Owner's request, and at the County's sole option, the County's interest
may be subordinated to all first mortgages or other co -equal security interests. The
County's interest will automatically be subordinate to the Property Owner's
previously recorded first mortgage and/or any government funded affordable
business loan such as the U.S. Small Business Administration (SBA) or the U.S.
Department of Agriculture (USDA) loan.
9. By way of example and not as a limitation, this Agreement will be in substantial
breach upon the following events: (1) any change in the status of the business or
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Agenda Item No. 16A1
July 22, 2008
Page 7 of 10
project such that it no longer meets the required Program criteria, as set forth in
either the Ordinance or this Agreement; (2) failure to fully comply with all
reasonable requests during any County review conducted pursuant to this
Agreement; and (3) upon the County Manager or his designee being informed of a
material misrepresentation in the Application; or (4) 100 new jobs are not in place
by September 30, 2010 at an average wage of not less than $44,517.65 or a time
extension has not been granted by the Board of County Commissioners related to
the timing for the creation of the jobs.
10. This Agreement will expire 10 years after the first certificate of occupancy has been
issued for the development. Following this expiration, and upon satisfactory
completion of all requirements of this Agreement, at Property Owner's request and
sole expense, the County will record any necessary documentation evidencing
same, including, but not limited to, a release of lien. The lien will not terminate
except upon the recording of a release or satisfaction of lien in the public records of
Collier County.
11. This Agreement will be recorded in the official records of Collier County at
Property Owner's sole expense.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
M
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
Page 4
Recommend Approval:
Amy Patterson
Impact Fee and
Economic Development Manager
Signed, sealed and
delivered in the presence of:
Signature
Printed Name
Signature
Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
Agenda Item No. 16A1
July 22, 2008
Page 8 of 10
ARTHREX MANUFACTURING, INC.
BY
Jon W. Cheek, Treasurer/Director
The foregoing Agreement was acknowledged before me this _ day of
2008, by Jon W. Cheek, as Treasurer/Director of Arthrex Manufacturing, Inc., who is personally
known to me or has produced as proof of
identity.
Notary Public
(Notarial Sea]) Print Name:
My Commission Expires:
Page 5
July 22, 2008
Page 9 of 10
OR: 4352 PG: 2704 * **
EXHIBIT A
Tract "Fr, AVE MARIA PHASE TWO, according to the plat there of as recorded in Plat Book 48 at Pages 29 through 34
(inclusive) of the Public Records of Collier County, Florida, together with a portion of Section 33, Township 47 South,
Range 29 East said Collier County, Florida, being more particularly described as follows:
Beginning at the intersection of the Northerly Boundary of Tract "R Ave Maria Phase Two, according to
the plat thereof as recorded in Plat Book 48 at Pages 29 through 34 (inclusive) of the Public Records of
Collier County, Florida, with the Westerly Boundary of Tract "FT', said Ave Maria Phase Two Plat; thence
North 050 27' 23" West, a distance of 63,61 feet to a point of curvature; thence Northerly, 529.71 feet
along the arc of a circular curve, concave Westerly, Laving a radius of 3,066.00 feel, through a central
angle of 090 53' 56" and being subtended by a chard which bears North 100 24' 21" Wet, 529.05 fat;
thence North 840 32' 37" East, a distance of 406.98 fat; thence South 640 34' 31" Pour, a distance of 6653
feet; theace North 840 32.37" Eat, a distance of412.28 fat; thence South 05' 27' 23" East, a distance of
175.83 feet to a point of curvature; thence Southeasterly, 28039 feet along the urc of a circular curve,
concave Northeasterly, having a radius of 357.00 feet, through a central angle of 450 00' 00" and being
subtended by a chord which bears South 270 57' 23" East, 27334 fact; thence South 500 27' 23" East, a
distance of40.06 feet to a point of curvature; thence Southeasterly, 10352 feet along the arc of circular
curve, concave Southwesterly, having a radius et, through a central angle of 460 20' 19" and
being subtended by a chord which be 1 100.72 feet; thence South 04' 07' 04"
East, a distance of 21.38 feet to a Tract "R ", said Ave Maria Phone
Two; thence rtm the following as along the bum Tract "R "; Course No. 1: South
04' 07'04" Feat, 12.97 feet to f curvature; Course No. 2: th terly, 39.16 fat along the an
of a circular curve, concave nth a radius of 25.00 et, gh a central angle of 89° 45'
32" and being subtended by e d S 4 '42" t. 3 .28 feet to a point of reverse
curvature; Course No. 3: e y 8 n c , concave Southerly, having
a radius of 12,566.D0 feet, g e tended by a chord which
bears South 850 05 32" est, 0. f , 4 2' T' est, 709.12 feat to a point of
curvature•, Course No. 5: n a f c' 44v urve, mocave Northeasterly,
having a radius of 25.00 fe u a can angle o ° 00' an subtended by a chord which
bees North 50° 27' 23" W 6 feet; Course No. 6: 0 27' est, a distance of25.00 feet to
the POINT OF BEGINNIN +S'1. n
Bearings sbown hereon refer to the
Plat)
Page 1 of 1
Agenda Item No. 16A1
July 22, 2008
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16A1
Item Summary:
Recommendation that the Board of County Commissioners approves a Fee Payment
Assistance Program Agreement with Arthrex Manufacturing,
Incorporated consistent with the
provisions of the Fee Payment Assistance Program and
the companys approved incentive
application.
Meeting Date:
7/22/2008 9:00:00 AM
Prepared By
Amy Patterson
Impact Fee Manager
Date
Community Development &
Environmental Services
Financial Admin. & Housing
6/6/2008 2:31:16 PM
Approved By
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
Environmental Services
Environmental Services Admin.
6/9/2008 2:23 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
' County Attorney
County Attorney Office
6/9/2008 5:39 PM
Approved By
Community Development &
Joseph K. Schmitt
Environmental Services Adminstrator
Date
Community Development &
Community Development &
Environmental Services
Environmental Services Admin.
6/10/2008 8:24 PM
Approved By
Garrett Mullee
Financial Operations Manager
Date
Community Development &
Environmental Services
Financial Admin. & Housing
6/12/2008 3:49 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
6/12/2008 4:03 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
6/13/2008 3:48 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6/17/2008 9:11 PM
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