Backup Documents 08/22/2023 Item #11A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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 th County Attorne Office no later
than Monday preceding the Board meeting. z-,fa�XJ� K.Y
** ROUTING SLIP**
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alre co plete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
3. County Attorney Office County Attorney Office JAK 8/28/23
4. BCC Office Board of County
Commissioners RL b /S/ �f Zg/i3
5. Minutes and Records Clerk of Court's Office r r �e
T
PRIMARY CONTACT INFORMATI N
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 Geoffrey Willig Phone Number 252-8369
Contact/Department Office of the County Manager
Agenda Date Item was 8/22/23 Agenda Item Number 1 1 A
Approved by the BCC
Type of Document(s) Economic Development Agreement- Number of Original 3 signed originals
Attached Dialum Documents Attached
PO number or account Fund: 1030
number if document is Cost center: 649030 ry ,1J .
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. (Initial) Applicable)
1. Does the document require the chairman's original signature(instead of stamp)? n/a
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 JAK
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 n/a
Office and all other parties except the BCC Chairman and the Clerk to the Board.
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip n/a
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!
8. The document was approved by the BCC on 8/22/23 and all changes made during JAK N/A is not
the meeting have been incorporated in the attached document. The County Attorney an option for
Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the JAk N/A is not
BCC,all changes directed by the BCC have been made, and the document is ready for the /At 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
MEMORANDUM
Date: August 30, 2023
To: Geoffrey Willig, Management Analyst II
County Manager's Office
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Economic Development Agreement
Attached is a one (2) original copies of the document as referenced above, (Agenda
Item #11A) approved by the Board of County Commissioners on Tuesday, August 22,
2023.
The Board's Minutes and Records Department has kept the original so that it can be
recorded, once returned it will be emailed to you and kept here as part of the Board's
Official Records.
If you have any questions, please feel free to call me at 252-7240.
Thank you.
Attachment
11A
To Minutes & Records:
Please process for recording as required by Paragraph 8 of the Agreement, and charge
to the account noted on the preceding Routing Sheet.
Please contact Geoff Willig in the County Manager's office at 252-8369 for pickup of
the originals once they are fully executed.
Thank you.
l: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
11A
IN.STR 6450011 OR 62R5 PG 1456
RECORDED 9/6/2023 4 07 PM PAGES 7
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$61 00
ECONOMIC DEVELOPMENT
AGREEMENT
This Economic Development Agreement (hereinafter referred to as "Agreement") is
entered into this 22nd day of August, 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 Dialum Realty. Inc., a Florida profit corporation (hereinafter
referred to as"Dialum"),whose address is 2600 South Douglas Road,Penthouse 8,Coral Gables,
Florida 33134.
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,Dialum is in the process of acquiring property to build an architectural glass
advanced processing facility (hereinafter the "Facility") within the Ave Maria Innovation Zone
created through Resolution 2015-133, identified as Exhibit A. The Ave Maria Innovation Zone
is comprised of Town Center 1, 2A, 2B,and 3, as graphically depicted in Resolution 2015-133;
and
Page 1
� 1A
WHEREAS, Dialum has proposed a project consisting of the planning, designing,
development, construction and equipping of the Facility located on real property in Collier
County, Florida. It is anticipated that Dialum will be hiring approximately 80-100 employees
for this Facility; and
WHEREAS,the Board expressly finds that the development and opening of this Facility
is consistent with Resolution 2015-133 and will result in substantial economic benefits to the
County,including but not limited to a net increase to the County's tax base.
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties agree as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference
herein.
2. The Board finds that this Facility will strengthen the local economy of Collier
County by expanding job opportunities in advanced manufacturing with the goal of diversifying
our employment and tax base to be more sustainable and resilient. Dialum anticipates a first phase
of the Facility of approximately 90,000 square feet with the ability to double in size. Their
anticipated phase 1 capital expenditure is estimated at approximately $20 million.
3. The Board hereby agrees to assist Dialum with this Facility with a grant after the
construction phase of the Facility totaling $1.5 million as follows:
A. $500,000 paid to Dialum upon completion and certificate of occupancy of the
Facility.
B. $250,000 payable on the first anniversary of the issuance of the certificate of
occupancy and annually thereafter for a total of four years so long as Dialum remains
open and operational within the Ave Maria Innovation Zone.
All payments are conditioned on Dialum remaining open, operational, and current on
all local taxes.
Page 2
1 1 A
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 Dialum:
Collier County c/o Dialum Realty, Inc.
Harmon Turner Building 2600 South Douglas Road
3299 Tamiami Trail E., Suite 200 Penthouse 8
Naples, Florida 34112
Attn: County Manager Coral Gables, Florida 33134
Attn: Ovidio F. Diez Gromoll
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.
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.
Page 3
I 1 A
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. Dialum shall execute this Agreement prior to it being submitted for approval by
the Board of County Commissioners. 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 Dialum 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.
Remainder of Page Intentionally Left Blank
Signature Page to Follow
Page 4
1i
IN WITNESS WHEREOF,the Parties have executed this Agreement on the date and
year first above written.
ATTEST
:t-
.
Crystal K Kilize4 Cl44 of t~aourts BOARD OF COUNTY COMMISSIONERS
COLLIER CO . FLORIDA
By: By:
Attest<as3 .chatrrrlar}. 'put Rick LoCastro, Chairman
= VirMittx ofily
Appro ed s tp rm and legality:
f
Jeffrey A. Klatz4cbw, County Attorney
AS TO DIALUM REALTY. INC.
Signed, sealed and Delivered:
By:
Signature
ame Fernando Diez Gromoll
EMPRESAS DIALUM
Title
STATE OF
OF
The foregoing Agre was acknowledged before me by means of❑ physical presence
or ❑ online notarization t i day of , 2023, by
(name). (title) on behalf of Dialum Realty, Inc.,
who is o personally known to me or ❑ has produce as proof
of identity.
[NOTARIAL SEAL]
Signature of Person Taking Acknowledgment
Page 5
1 A
EXHIBIT A
AVE MARIA INNOVATION ZONE
. . .. ; .. .; .
. .
r • ! e i i \\
.. .. . . i
. .
II II ' -Ain. fiell)
1 410 AL,
. moue It;
disftr.
der,116-. a 41 ;
—5\X' I 11711:1•••••••• es i 11 °
Lill IL jj /
1 .
de
. -
. rr-IN r i
- .1111111111111D 4 I gilliii°11112) Pidi 1 ..
! amP41 \ 01,2,04.6811%0 U \..
: id..1 baud I ff d 11.
1....1.... him;Irir
WIMP mos 1 al , Tr, JO ,
wimp a g ca.::qp If!',Iiilleillig VI'-'" -11 iri6 I: IS‘I
'I ..Yeap, /.
' X °* 11 LI ' i ,
1 A 11 4tt
ilT E If AJ J I 1 it .1.Milk
I gal i I.
( -__ __,.j:____1•_,Ir-------*
.,..
i
Page 6
11A
EXHIBIT B
DESCRIPTION OF FACILITY AND PARCEL
FACILITY:
A Dialum glass processing Facility of approximately 90,000 square feet initially located in the
Ave Maria Innovation Zone in Town Center 2B.
PARCEL:
An approximate 10-acre lot, yet to be platted, within Town Center 2B as shown below.
DIALUM PARCEL(-LAUD-1
— - - . r
..mwtt - rR weti.4R._.•��..�..
++eAlh
I.-r
•
vIn15�; EXHIBIT
DIALUM AR-HREX
PARCEL COR.1MERCE PARK _
COt10EPT
►.!ASTER PLAN X05-A'
Page 7