Backup Documents 04/25/2023 Item #16A11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 All
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
** ROUTING SLIP**
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. Sarah Harrington Economic Dev. & Housing SE 05/01/2023
3. County Attorney Office County Attorney Office
IA 0 5/47/2 3
4. BCC Office Board of County
Commissioners IZL by/ /s/ 5/SA 3
5. Minutes and Records Clerk of Courts Office V/' i 5-5-g3 , 5V
PRIMARY CONTACT INFORMATION '
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above may need to contact staff for additional or missing information.
Name of Primary Staff Sarah Harrington,Econ Dev&Housing Phone Number Ext 4211
Contact/Department
Agenda Date Item was April 25,2023 Agenda Item Number 16.A.11 DOC#24975
Approved by the BCC
Type of Document(s) Economic Development Agreement Number of Original 3
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initia Applicable)
1. Does the document require the chairman's original signature(instead of stamp)? /Vbi
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legality. (All documents to be signed by
the Chairman,with the exception of most letters,must be reviewed and signed by the
Office of the County Attorney.)
4. All handwritten strike-through and revisions have been initialed by the County Attorney
Office and all other parties except the BCC Chairman and the Clerk to the Board. N/A
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the fmal negotiated contract date whichever is applicable. N/A
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is uploaded to the
agenda. Some documents are time sensitive and require forwarding to Tallahassee within a /
certain time frame or the BCC's actions are nullified. Be aware of your deadlines! Nlft
8. The document was approved by the BCC on_4.25.23_and all changes made during WA is not
the meeting have been incorporated in the attached document. The County Attorney an option for
Office has reviewed the changes,if applicable. 5 '#fP this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC, all changes directed by the BCC have been made,and the document is ready for the JAk(, an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05;11/30/12;4/22/16;9/10/21
` 16A11
ECONOMIC DEVELOPMENT AGREEMENT
AZT Technology, LLC, dba Azimuth Technology
This Economic Development Agreement (hereinafter referred to as "Agreement") is
entered into this Z$41'day of Apr;I , 2023, by and between Collier County, a political
subdivision of the State of Florida, through its Board of County Commissioners (hereinafter
referred to as the "County"), and AZT Technology, LLC, dba Azimuth Technology (hereinafter
referred to as"Azimuth"),whose address is 10130 Market Street,Naples FL, 34112.
RECITALS:
WHEREAS, Collier County enjoys broad Home Rule Powers,which include the authority
to enter into agreements to enhance economic development within the County; and
WHEREAS, Florida Statute Sec. 125.045 expressly provides that"The governing body of
a county may expend public funds to attract and retain business enterprises, and the use of public
funds toward the achievement of such economic development goals constitutes a public purpose.
The provisions of this chapter which confer powers and duties on the governing body of a county,
including any powers not specifically prohibited by law which can be exercised by the governing
body of a county, must be liberally construed in order to effectively carry out the purposes of this
section;" and further that "it constitutes a public purpose to expend public funds for economic
development activities, including,but not limited to, developing or improving local infrastructure,
issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing
plants, leasing or conveying real property, and making grants to private enterprises for the
expansion of businesses existing in the community or the attraction of new businesses to the
community;"and
WHEREAS, Azimuth is renovating a manufacturing facility within the Tollgate PUD in
Interchange Activity Center No. 9; and
WHEREAS, has requested that it be reimbursed in the sum of$40,272.80 for its costs
related to the installation of a transformer by Florida Power and Light(FPL); and
WHEREAS, Azimuth is current on all property taxes and business tax receipt payments;
and
WHEREAS, the Board expressly finds that this project will result in substantial economic
benefits to the County, including solidifying the workforce in critical industries that have ongoing
shortages of skilled workforce.
Page 1
16A11
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration,the receipt and sufficiency of which is hereby mutually acknowledged,the
Parties agree as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference herein.
2. As consideration for all of the infrastructure expenditures by Azimuth in renovating
this manufacturing facility, the County will reimburse Azimuth its actual costs in the sum of
$40,272.80 relating to the installation of a transformer by Florida Power and Light (FPL). Proof
of the actual costs incurred is attached to this Agreement.
3. This Agreement is personal to Azimuth and cannot be assigned or transferred by
Azimuth without the prior written consent from the County.
Legal Matters
4. Except as otherwise provided herein, this Agreement shall only be amended by mutual
written consent of the parties hereto or by their successors in interest. All notices and other
communications required or permitted hereunder shall be in writing and shall be sent by Certified
Mail,return receipt requested,or by a nationally recognized overnight delivery service,and addressed
as follows:
To County: To Azimuth:
Collier County AZT Technology, LLC
Attn: County Manager Attn: Alex Hessler
3299 Tamiami Trail E, Suite 200 10130 Market St. Suite 7
Naples, Florida 34112 Naples, Florida 34112
Phone: (239)252-8383 Phone: (239) 352-0600
Facsimile: (239) 252-4010 Facsimile: (239) 352-0665
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
5. This Agreement constitutes the entire agreement between the parties with respect to the
activities noted herein and supersedes and takes the place of any and all previous agreements
entered into between the parties hereto relating to the transactions contemplated herein. All prior
representations,undertakings, and agreements by or between the parties hereto with respect to the
subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and
all prior representations, undertakings, and agreements by and between such parties with respect
thereto hereby are canceled.
Page 2
16A11
6. Nothing contained herein shall be deemed or construed to create between or among any
of the parties any joint venture or partnership nor otherwise grant to one another the right,authority
or power to bind any other party hereto to any agreement whatsoever.
7. This Agreement shall be governed by the laws of Florida. In the event state or federal
laws are enacted after the execution of this Agreement, which are applicable to and preclude in
whole or in part the parties' compliance with the terms of this Agreement, then in such event this
Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner
which best reflects the intent of this Agreement.
8. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this Agreement. The
County shall pay all costs of recording this Agreement. The County shall provide a copy of the
recorded document to Azimuth upon request.
9. In the event of a dispute under this Agreement,either party may file an action for relief
in the Circuit Court of Collier County as the sole and exclusive venue for any dispute arising under
this Agreement to enforce the terms of this Agreement, said remedy being cumulative with any
and all other remedies available to the parties for the enforcement of this Agreement, with the
prevailing party entitled to all costs and expenses associated with such suit, including reasonable
attorney's fees.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Attest:
Crystal K. Kinzel, Clerk BOARD OF COUNTY COMMISSIONERS
COLLIE , LORIDA
By: VC/ By:
'Attest as to chairman's
,Depu erk Rick LoCastro, Chair
.signature onty
Approved`,s o i and legality:
4; .
Jeffrey A. '7,1 +w, County Attorney
Page 3
16A11
As to Azimuth Technol LLC
By: _ --
Signature
/4m L, 7
Printed Name
Title
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me by means of ✓physical presence
or online notarization, this /Li day of /..f arch , 2023, by Thomas C.7l eecriias
__C_C'0 for Azimuth Technology, LLC (name)
(title)
Personally known to me OR
Has produced as identification
— — —
wialmehrf
,:vir DAMARiS E SOTO 1
s?°•Ak, re Notary Public-State or Florida 1
• Commission W Nil 252547
Q=
'�?'oc r- My Comm.Expires Apr t 3,2026 ' Notary name: airdis 1 S tr- Sb -0
Bonded through National Notary Assn. I
Page 4
Z b A1Z
ECONOMIC DEVELOPMENT AGREEMENT
AZT Technology,LLC, dba Azimuth Technology
This Economic Development Agreement (hereinafter referred to as "Agreement") is
entered into this 2S day of fir; I , 2023, by and between Collier County, a political
subdivision of the State of Florida, through its Board of County Commissioners (hereinafter
referred to as the "County"), and AZT Technology, LLC, dba Azimuth Technology (hereinafter
referred to as "Azimuth"),whose address is 10130 Market Street,Naples FL, 34112.
RECITALS:
WHEREAS,Collier County enjoys broad Home Rule Powers,which include the authority
to enter into agreements to enhance economic development within the County; and
WHEREAS, Florida Statute Sec. 125.045 expressly provides that"The governing body of
a county may expend public funds to attract and retain business enterprises, and the use of public
funds toward the achievement of such economic development goals constitutes a public purpose.
The provisions of this chapter which confer powers and duties on the governing body of a county,
including any powers not specifically prohibited by law which can be exercised by the governing
body of a county, must be liberally construed in order to effectively carry out the purposes of this
section;" and further that "it constitutes a public purpose to expend public funds for economic
development activities, including,but not limited to,developing or improving local infrastructure,
issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing
plants, leasing or conveying real property, and making grants to private enterprises for the
expansion of businesses existing in the community or the attraction of new businesses to the
community;"and
WHEREAS, Azimuth is renovating a manufacturing facility within the Tollgate PUD in
Interchange Activity Center No. 9; and
WHEREAS, has requested that it be reimbursed in the sum of$40,272.80 for its costs
related to the installation of a transformer by Florida Power and Light(FPL); and
WHEREAS, Azimuth is current on all property taxes and business tax receipt payments;
and
WHEREAS, the Board expressly finds that this project will result in substantial economic
benefits to the County, including solidifying the workforce in critical industries that have ongoing
shortages of skilled workforce.
Page 1
16A11
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,the
Parties agree as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference herein.
2. As consideration for all of the infrastructure expenditures by Azimuth in renovating
this manufacturing facility, the County will reimburse Azimuth its actual costs in the sum of
$40,272.80 relating to the installation of a transformer by Florida Power and Light (FPL). Proof
of the actual costs incurred is attached to this Agreement.
3. This Agreement is personal to Azimuth and cannot be assigned or transferred by
Azimuth without the prior written consent from the County.
Legal Matters
4. Except as otherwise provided herein,this Agreement shall only be amended by mutual
written consent of the parties hereto or by their successors in interest. All notices and other
communications required or permitted hereunder shall be in writing and shall be sent by Certified
Mail,return receipt requested,or by a nationally recognized overnight delivery service,and addressed
as follows:
To County: To Azimuth:
Collier County AZT Technology, LLC
Attn: County Manager Attn: Alex Hessler
3299 Tamiami Trail E, Suite 200 10130 Market St. Suite 7
Naples, Florida 34112 Naples, Florida 34112
Phone: (239)252-8383 Phone: (239)352-0600
Facsimile: (239) 252-4010 Facsimile: (239) 352-0665
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
5. This Agreement constitutes the entire agreement between the parties with respect to the
activities noted herein and supersedes and takes the place of any and all previous agreements
entered into between the parties hereto relating to the transactions contemplated herein. All prior
representations, undertakings, and agreements by or between the parties hereto with respect to the
subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and
all prior representations, undertakings, and agreements by and between such parties with respect
thereto hereby are canceled.
Page 2
16A11
6. Nothing contained herein shall be deemed or construed to create between or among any
of the parties any joint venture or partnership nor otherwise grant to one another the right,authority
or power to bind any other party hereto to any agreement whatsoever.
7. This Agreement shall be governed by the laws of Florida. In the event state or federal
laws are enacted after the execution of this Agreement, which are applicable to and preclude in
whole or in part the parties' compliance with the terms of this Agreement, then in such event this
Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner
which best reflects the intent of this Agreement.
8. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this Agreement. The
County shall pay all costs of recording this Agreement. The County shall provide a copy of the
recorded document to Azimuth upon request.
9. In the event of a dispute under this Agreement, either party may file an action for relief
in the Circuit Court of Collier County as the sole and exclusive venue for any dispute arising under
this Agreement to enforce the terms of this Agreement, said remedy being cumulative with any
and all other remedies available to the parties for the enforcement of this Agreement, with the
prevailing party entitled to all costs and expenses associated with such suit, including reasonable
attorney's fees.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Attest:
Crystal K. Kinzel, Cl rk BOARD OF COUNTY COMMISSIONERS
COLLIE , LORIDA
By: By:
,Deputy Clerk Rick LoCastro, Chair
Attest as to chairman's
ilLsignature only
Approved] s o Jp► and legality:
I_.
Jeffrey A. ' i It i w, County Attorney
Page 3
16A11
As to Azimuth Technol LLC
By:
Signature
Printed Name
Title
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me by means of ✓physical presence
or online notarization, this 14 day of March , 2023, by Thomas L.7haeWr- as
C Q for Azimuth Technology, LLC (name)
(title)
/Personally known to me OR
Has produced as identification
DAMARIS E SOTO 1
( � Notary Public-State°5 fforida
g Commission�HH 2525A7
x n My Comm.Expires Apr 13,2026 I Notary name: Ctff211vi S - Sb TU
Bonded through National Notary Assn.
Page 4
16 Ali
ECONOMIC DEVELOPMENT AGREEMENT
AZT Technology,LLC, dba Azimuth Technology
This Economic Development Agreement (hereinafter referred to as "Agreement") is
entered into this 2541' day of Ag(i( , 2023, by and between Collier County, a political
subdivision of the State of Florida, through its Board of County Commissioners (hereinafter
referred to as the "County"), and AZT Technology, LLC, dba Azimuth Technology (hereinafter
referred to as"Azimuth"),whose address is 10130 Market Street,Naples FL, 34112.
RECITALS:
WHEREAS, Collier County enjoys broad Home Rule Powers,which include the authority
to enter into agreements to enhance economic development within the County; and
WHEREAS, Florida Statute Sec. 125.045 expressly provides that"The governing body of
a county may expend public funds to attract and retain business enterprises, and the use of public
funds toward the achievement of such economic development goals constitutes a public purpose.
The provisions of this chapter which confer powers and duties on the governing body of a county,
including any powers not specifically prohibited by law which can be exercised by the governing
body of a county, must be liberally construed in order to effectively carry out the purposes of this
section;" and further that "it constitutes a public purpose to expend public funds for economic
development activities, including,but not limited to, developing or improving local infrastructure,
issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing
plants, leasing or conveying real property, and making grants to private enterprises for the
expansion of businesses existing in the community or the attraction of new businesses to the
community;"and
WHEREAS, Azimuth is renovating a manufacturing facility within the Tollgate PUD in
Interchange Activity Center No. 9; and
WHEREAS, has requested that it be reimbursed in the sum of$40,272.80 for its costs
related to the installation of a transformer by Florida Power and Light(FPL); and
WHEREAS, Azimuth is current on all property taxes and business tax receipt payments;
and
WHEREAS, the Board expressly finds that this project will result in substantial economic
benefits to the County, including solidifying the workforce in critical industries that have ongoing
shortages of skilled workforce.
Page 1
16A11
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the
Parties agree as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference herein.
2. As consideration for all of the infrastructure expenditures by Azimuth in renovating
this manufacturing facility, the County will reimburse Azimuth its actual costs in the sum of
$40,272.80 relating to the installation of a transformer by Florida Power and Light (FPL). Proof
of the actual costs incurred is attached to this Agreement.
3. This Agreement is personal to Azimuth and cannot be assigned or transferred by
Azimuth without the prior written consent from the County.
Legal Matters
4. Except as otherwise provided herein,this Agreement shall only be amended by mutual
written consent of the parties hereto or by their successors in interest. All notices and other
communications required or permitted hereunder shall be in writing and shall be sent by Certified
Mail,return receipt requested,or by a nationally recognized overnight delivery service,and addressed
as follows:
To Counts: To Azimuth:
Collier County AZT Technology, LLC
Attn: County Manager Attn: Alex Hessler
3299 Tamiami Trail E, Suite 200 10130 Market St. Suite 7
Naples, Florida 34112 Naples,Florida 34112
Phone: (239)252-8383 Phone: (239) 352-0600
Facsimile: (239) 252-4010 Facsimile: (239) 352-0665
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
5. This Agreement constitutes the entire agreement between the parties with respect to the
activities noted herein and supersedes and takes the place of any and all previous agreements
entered into between the parties hereto relating to the transactions contemplated herein. All prior
representations,undertakings, and agreements by or between the parties hereto with respect to the
subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and
all prior representations, undertakings, and agreements by and between such parties with respect
thereto hereby are canceled.
Page 2
I6A11
6. Nothing contained herein shall be deemed or construed to create between or among any
of the parties any joint venture or partnership nor otherwise grant to one another the right,authority
or power to bind any other party hereto to any agreement whatsoever.
7. This Agreement shall be governed by the laws of Florida. In the event state or federal
laws are enacted after the execution of this Agreement, which are applicable to and preclude in
whole or in part the parties' compliance with the terms of this Agreement, then in such event this
Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner
which best reflects the intent of this Agreement.
8. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this Agreement. The
County shall pay all costs of recording this Agreement. The County shall provide a copy of the
recorded document to Azimuth upon request.
9. In the event of a dispute under this Agreement, either party may file an action for relief
in the Circuit Court of Collier County as the sole and exclusive venue for any dispute arising under
this Agreement to enforce the terms of this Agreement, said remedy being cumulative with any
and all other remedies available to the parties for the enforcement of this Agreement, with the
prevailing party entitled to all costs and expenses associated with such suit, including reasonable
attorney's fees.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Attest:
Crystal K. Kinzel, Clerk BOARD OF COUNTY COMMISSIONERS
COLLIE , LORIDA
I
By: By: l .,v,.�.
Attest as"fo.Chairmaq�g Deputy Clerk Rick LoCastro, Chair
signaturo only
Approved.s o i/ and legality:
-ACV
II IKEA
Jeffrey A. li :t ,w, County Attorney
Page 3
16Ali
As to AzimuttkTTechnol LLC
By: 7-az _ --
Signature
4,„, (...._ 77:9-cizee... _...__..
Printed Name
Title
STATE OF FLORIDA
COUNTY OF COLLIER
•
The foregoing Agreement was acknowledged before me by means of ✓physical presence
or online notarization, this i 4 day of til arch , 2023, by Thomas L 7haeI u-1Cas
C o Q___ for Azimuth Technology,LLC (name)
(title)
Personally known to me OR
Has produced as identification
1 4jr'a"•.•_ DAMARK E SOTO
1 ;_•„y. C_ Notary Public-State of Florida I
',y �o`, Commission it HH 252547
I a d ded through NMy COMM ational Notary Assn. I Notary name: ccina,"i S tr- Selo
Page 4