Agenda 03/22/2022 Item #16C7 (Uline Corp. Contribution Agreement Amendment)
Proposed Agenda Changes
Board of County Commissioners Meeting
March 22, 2022
Continue item 9A to the April 12, 2022 BCC Meeting: *** This item is being continued to the April 12, 2022
BCC Meeting Agenda. *** A Resolution of the Board of County Commissioners proposing amendments to
the Collier County Growth Management Plan, Ordinance 89-05, as amended, relating to the Rural Fringe
Mixed Use District Restudy and specifically amending the Urban Mixed Use District, Urban Residential
Fringe Subdistrict and the Rural Fringe Mixed Use District of the Future Land Use Element to require
Transfer of Development Rights for Comprehensive Plan amendments for increased residential density;
amending the Urban Mixed Use District, Urban Residential Fringe Subdistrict to remove the density bonus
cap on residential in-fill and remove the requirement to use Transfer of Development Rights within one mile
of the Urban boundary; and amending the Rural Fringe Mixed Use District of the Future Land Use Element
to change development standards and requirements, to increase density on Receiving Lands located along
Immokalee Road, increase density on Receiving Lands for affordable housing, add Transfer of Development
Rights Credits, add uses in Receiving areas, and add a conditional use for recreation in Sending Lands, and
to amend development standards for Rural Villages; and create the Belle Meade Hydrologic Enhancement
Overlay; and furthermore directing transmittal of the amendments to the Florida Department of Economic
Opportunity. [PL20200002234] (District 1, District 3, District 5) (Staff’s request)
Continue Item 16C7 to the April 12, 2022 BCC Meeting: Recommendation to approve an amendment to a
Contribution Agreement with City Gate Naples, LLC (“CGNU”), pertaining to the Uline Corporation
regional distribution facility, by amending numbered paragraph four of the Agreement to reduce the
County’s duty to reimburse City Gate for the construction of improvements on real property to be dedicated
to the County, by providing a onetime reimbursement payment not to exceed $575,000, in lieu of a previously
agreed upon Tax Increment Financing (“TIF”) credit, which is estimated to produce a net savings to the
County of approximately $900,000, and approve necessary budget amendments. (District 3) (Commissioner
McDaniel’s request)
Note: Item 17F correction – the title errantly includes the following text, “and is further being continued to the
March 22, 2022 BCC Meeting”, this text carried over from when the item was continued to this meeting.
Time Certain Items:
Item 11A to be heard at 10:30 AM or immediately following the Court Reporter Break – 2022 Florida
Legislative Session update.
6/6/2022 11:41 AM
03/22/2022
EXECUTIVE SUMMARY
Recommendation to approve an amendment to a Contribution Agreement with City Gate Naples,
LLC (“CGNU”), pertaining to the Uline Corporation regional distribution facility, by amending
numbered paragraph four of the Agreement to reduce the County’s duty to reimburse City Gate
for the construction of improvements on real property to be dedicated to the County, by providing
a onetime reimbursement payment not to exceed $575,000, in lieu of a previously agreed upon Tax
Increment Financing (“TIF”) credit, which is estimated to produce a net savings to the County of
approximately $900,000, and approve necessary budget amendments.
OBJECTIVE: To amend the attached Agreement with CGNU pertaining to the Uline Corporation
regional distribution facility being constructed adjacent to the Paradise Coast Sports Complex by
eliminating the TIF reimbursement financing arrangement in favor of a onetime reimbursement payment.
CONSIDERATIONS: On October 13, 2020 (Agenda Item 11B), the Board unanimously approved a
contribution agreement (the “Agreement”) with CGNU to accept certain donations of land and
improvements with an estimated value of approximately $6,600,000. In return, CGNU was expected to
receive approximately $1,440,000 in TIF reimbursement.
CGNU has consistently avoided the use of taxpayer incentives as it has developed its distribution centers
throughout North America. In conversation with County staff, CGNU expressed a willingness to
eliminate the TIF credit obligation, so long as the County is willing to fund the landscaping, conduit, and
shade structure improvements on the future County owned portion of the improvements. To facilitate the
installation, timing, and project completion for the benefit of both parties, CGNU has agreed to complete
the improvements referenced herein, for which the County will reimburse CGNU subject to the
satisfactory completion, inspection, receipt of invoicing, and following the dedication of the property to
the County.
The specific improvements involved in this onetime reimbursement payment include landscaping,
conduit, and shade structures, which will be located in the grass parking area “K,” paved parking area
“H,” and the amenity area “L” all of which can be found on attached Exhibit “A” from the Agreem ent.
The value of those improvements is estimated to not exceed $575,000. The estimate to construct the
improvements was previously quoted by City Gate’s contractor on November 4, 2021, in the amount of
$525,484.50. The proposed amendment reduces the total obligation of the County by approximately
$900,000, bringing the total value of the prior agreement and this amendment to approximately
$7,500,000. Subject to the approval of this amendment, the County would not be under any further
obligation to reimburse City Gate for any other improvements identified in the Agreement. Uline
anticipates completing all improvements and turning them over to the County before the end of calendar
year 2022.
FISCAL IMPACT: Pursuant to the Agreement the County will receive approximately $6,600,000 in
land and physical improvements. City gate will receive repayment of an amount not expected to exceed
approximately $575,000 upon completion of the improvements and within 30 days following dedication
of the subject land. Relative to the original agreement that called for TIF reimbursement of
approximately $1,440,000 the amended Agreement generates a savings to the County of approximately
$900,000.
Funding for the reimbursement will be provided from Interchange Activity Center No. 9 Innovation Zone
Fund (783). Sufficient funding for the estimated reimbursement is available in reserves. Depending on the
timing of the reimbursement a budget amendment moving current fiscal year funding from reserves may
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be required.
The amended Agreement generates a net savings to the County of approximately $900,000.
GROWTH MANAGEMENT IMPACT: There are no Growth Management Plan impacts associated
with the amended Agreement.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
RECOMMENDATION: That the Board approves the attached First Amendment to Contribution
Agreement, and authorize the Chairman to sign the amendment, and approve necessary budget
amendments.
Prepared by: Ayoub Al-Bahou, P.E., Principal Project Manager, Facilities Management Division
ATTACHMENT(S)
1. Exhibit A (PDF)
2. 2022-02-18-ULINE AGREEMENT AMENDMENT SIGNED (PDF)
3. Uline Contribution Agreement - Recorded (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.7
Doc ID: 21542
Item Summary: Recommendation to approve an amendment to a Contribution Agreement with
City Gate Naples, LLC (“CGNU”), pertaining to the Uline Corporation regional distribution facility, by
amending numbered paragraph four of the Agreement to reduce the County’s duty to reimburse City Gate
for the construction of improvements on real property to be dedicated to the County, by providing a
onetime reimbursement payment not to exceed $575,000, in lieu of a previously agreed upon Tax
Increment Financing (“TIF”) credit, which is estimated to produce a net savings to the County of
approximately $900,000, and approve necessary budget amendments.
Meeting Date: 03/22/2022
Prepared by:
Title: Principal Project Manager – Facilities Management
Name: Ayoub Al-bahou
03/07/2022 9:26 AM
Submitted by:
Title: Director - Facilities Maangement – Facilities Management
Name: Ed Finn
03/07/2022 9:26 AM
Approved By:
Review:
Facilities Management Ayoub Al-bahou Additional Reviewer Completed 03/07/2022 9:55 AM
Public Utilities Operations Support Jennifer Morse Additional Reviewer Completed 03/08/2022 2:14 PM
Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 03/08/2022 3:41 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 03/08/2022 3:52 PM
Facilities Management Ed Finn Director - Facilities Completed 03/15/2022 12:56 PM
Public Utilities Department Joseph Bellone Level 2 Division Administrator Review Completed 03/08/2022 3:57 PM
County Attorney's Office Scott Teach Additional Reviewer Completed 03/10/2022 10:21 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/10/2022 11:16 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/10/2022 4:41 PM
Facilities Management Ed Finn Additional Reviewer Completed 03/14/2022 3:27 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 03/15/2022 9:04 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 03/16/2022 2:12 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/22/2022 9:00 AM
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Packet Pg. 612 Attachment: Exhibit A (21542 : Amendment to a Contribution Agreement with City Gate Naples, LLC)
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Packet Pg. 613 Attachment: 2022-02-18-ULINE AGREEMENT AMENDMENT SIGNED (21542 : Amendment to a Contribution Agreement with City Gate Naples,
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Packet Pg. 614 Attachment: 2022-02-18-ULINE AGREEMENT AMENDMENT SIGNED (21542 : Amendment to a Contribution Agreement with City Gate Naples,
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Packet Pg. 615 Attachment: 2022-02-18-ULINE AGREEMENT AMENDMENT SIGNED (21542 : Amendment to a Contribution Agreement with City Gate Naples,
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Packet Pg. 616 Attachment: Uline Contribution Agreement - Recorded (21542 : Amendment to a Contribution Agreement with City Gate Naples, LLC)
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Packet Pg. 617 Attachment: Uline Contribution Agreement - Recorded (21542 : Amendment to a Contribution Agreement with City Gate Naples, LLC)
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Packet Pg. 618 Attachment: Uline Contribution Agreement - Recorded (21542 : Amendment to a Contribution Agreement with City Gate Naples, LLC)
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Packet Pg. 619 Attachment: Uline Contribution Agreement - Recorded (21542 : Amendment to a Contribution Agreement with City Gate Naples, LLC)
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Packet Pg. 620 Attachment: Uline Contribution Agreement - Recorded (21542 : Amendment to a Contribution Agreement with City Gate Naples, LLC)
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