Agenda 03/25/2025 Item #16A 1 (Approve the termination of Agreements of the Fee Payment Assistance Program, Job Creation Investment Program, and Advanced Broadband Infrastructure Investment Program)3/25/2025
Item # 16.A.1
ID# 2025-520
Executive Summary
Recommendation to approve the termination of Agreements of the Fee Payment Assistance Program, Job Creation
Investment Program, and Advanced Broadband Infrastructure Investment Program, and Release of Liens created by these
Agreements with Arthrex, Inc., and/or Arthrex Manufacturing, Inc.
OBJECTIVE: To terminate Agreements and associated Release of Liens created by these Agreements with
Arthrex, Inc., and/or Arthrex Manufacturing, Inc. (“Arthrex”).
CONSIDERATIONS:
The Job Creation Investment Program, established by Ordinance No. 2003-60 and Codified in Chapter 49 of the
Code of Laws and Ordinances of Collier County, Florida, facilitated Arthrex to secure an Agreement under the
program on January 24, 2012. This program granted Arthrex $1,200,000 to create and maintain 600 new full-time
jobs, each paying a minimum of $59,580 annually.
Similarly, the Fee Payment Assistance Program, created by Ordinance No 2003-61 and codified in Chapter 49,
allowed Arthrex to enter into another Agreement on January 24, 2012. This program provided:
Impact fee payment assistance totaling $941,732, under the condition that at least 20 new full-time jobs were
created and maintained, with an average salary of $58,079 annually.
• Additional impact fee payment assistance totaling $597,513.71, where at least 10 new full-time jobs were
established and maintained, with an average salary of at least $44,527 annually.
• A minimum capital expenditure of $22,000,000 related to the project.
The Advanced Broadband Infrastructure Investment Program was established by Ordinance No. 2005-56 and
codified as Article 4 of Chapter 49 of the Code of Laws and Ordinances of Collier County, Florida, of which
Arthrex entered into an Agreement on January 24, 2012. This program awarded up to $25,000 for system
installation and upgrades, tied to creating and maintaining 600 new full-time jobs, each paying at least $59,580
annually.
Arthrex has successfully met the requirements of all these programs and fully satisfied the terms and conditions of
the Agreements, and audit reports are posted on the Collier Clerk’s Website. As such, staff recommends
terminating the agreements and releasing the liens created by each agreement, as listed in the table below.
Agreement
Date
Agreement Name Grantor Amount
01/24/2012
Fee Payment Assistance Program Arthrex Manufacturing $941,732.00
01/24/2012
Fee Payment Assistance Program Arthrex Manufacturing $597,513.71
01/24/2012
Job Creation Investment Program Arthrex Manufacturing,
Inc.
$1,200,000
01/24/2012
Advanced Broadband Infrastructure
Investment Program
Arthrex, Inc. and Arthrex
Manufacturing, Inc.
$25,000
This item is consistent with the Collier County strategic plan objective to encourage economic opportunities by fostering
a business-friendly environment.
FISCAL IMPACT:
Page 1261 of 5415
3/25/2025
Item # 16.A.1
ID# 2025-520
Terminating these agreements will not result in incentive funds being paid to any of the companies listed. Incentive
funds have already been received. Recording these agreements may incur a fee. The Housing Policy and Economic
Development budget (0001-138760) has sufficient funds for the recording expense.
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 that are
designed to promote and encourage the recruitment of new industry, as well as the expansion and retention of
existing industries to diversify the County’s economic base.”
LEGAL CONSIDERATIONS:
This item is approved for form and legality and requires a majority vote for Board approval. - DDP
RECOMMENDATIONS:
To approve the termination of Agreements for the Fee Payment Assistance Program; Job Creation Investment
Program; and Advanced Broadband Infrastructure Investment Program; and Release of Liens created by these
Agreements with Arthrex, Inc., and Arthrex Manufacturing, Inc.
PREPARED BY: Cormac Giblin, Director, Housing Policy and Economic Development
ATTACHMENTS:
1. #1 - Termination of Fee Payment Assistance Agreement and Release of Lien - $941732 - 030525(2)
2. #2 - Termination of Fee Payment Assistance Agreement and Release of Lien - $597-513.71 - 030525(2)
3. #3 - Termination of Fee Payment Assistance Agreement and Release of Lien - $1200000 - 030525(2)
4. #4 - Termination of Fee Payment Assistance Agreement and Release of Lien - $25000 - 030525(1)
Page 1262 of 5415
PREPARED BY AND RETURN To:
DEREK D. PERRY, ESQ.
CoUN.rY ATToRNEY,S OTFICE
3299 TAMIAMI TRA]L E. #8OO
NAPLES. FL 34I I2
TERMINATION OF FEE PA}MENT ASSISTANCE
PROGRAM AGREEMENT AND RELEASE OF LIEN
This Termination of Fee Payment Assistance Program Agrcement and Release of Lien, is
entered into on this day of 2025, by and between Collier County, a political
subdivision of the State of Florid4 through its Board of County Commissioners (the "County"),
with an address of c/o County Attomey's Offrce,3299 Tamiami Trail East, Suite 800, Naples, FL
34112, and Arthrex, Inc. and Artkex Manufacturing, Inc. (collectively, "Arthrex"), with an
address of 1370 Creekside Blvd, Naples, FL 34108.
WHEREAS, the Arthrex is the beneficiary ofcertain financial incentives provided by Fee
Payment Assistance Agreement, dated January 24,2012, and recorded in Officiat Record Book
4760,Page 448,in the Public Records of Collier County, Florida, attached as Exhibit "A" hereto and
by reference incorporated herein (the "Agreement"); and
WHEREAS, Arthrex was to create 20 new full-time jobs paying an average wage equal to
or greater $58,079; and
WHEREAS, the Agreement provided that the Fee Payment Assistance program would pay
impact fees totaling $941 ,732.
IN WITNESS WHEREOF, the County and Arthrex hereby:
1 . Incorporate all Recitals herein as if fully stated.
2. Terminate the Agreement with the Arthrex responsible for the cost of recording.
3. Release the lien created by Agreement, effective on the date of recording.
4. Arthrex, by its execution hereof certifies, represents and warrants to the county that:
a. Arthrex has met and greatly exceeded its requirements of the creation and
retention of 20 new jobs at an average wage equal to or greater than 50% of
the County's (then) current private-sector average wage.
b. The estimated capital investment of$22,000,000 related to the project has been
met or exceeded.
The terms and conditions of the Agreement have been fully satisfied.c
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Page 1263 of 5415
Rv:By:
, Deputy Clerk Burt L. Saunders, Chairman
Approved as to form and legality:
Derek D. Perry
Assistant County Attomey
AS TO ARTHREX:
Witnesses (as to both):
Arthrex, Inc.
Witness #1 Signature
By:
Witness #1 Printed Name Reinhold Schmieding. President
Witness #1 Mailing Address Arthrex Manufacturing. Inc.
Witness #2 Signature
By:
Reinhold Schmieding. President
Witness #2 Printed Name
Witness #2 Mailing Address
STATE OF FLORIDA
COUNry OF COLLIER
The foregoing instrument was acknowledged before me by physical presence this _ day of
2025, by Reinhold Schmieding, President of Arthrex, Inc. and Arthrex Manufacturing, Inc., on
behalfofthe companies, who is personally known to me.
Notary Signature
ATTEST:
CRYSTAL K. KINZEL, CLERK
AS TO COUNTY:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
Notary Printed Name
l. 1.t I i:;,\ o t ari,rl Sul I
[25-CMD-00 199/19 l6l 89/l]Page 2 of 2
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Page 1264 of 5415
E,XHIBIT ,.A))
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Page 1265 of 5415
rNSTR 4652654 oR 4760 PG 448 RECoRDED a/3L/2OL2 2:26 PM PAGES 8
DWTGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLTER COUNTY FLORIDA
REC $69.50
Pr.p!rrd by:
JclIr.y A- KlrEkow
CourtyAtrorncy
3299 T.mlrml Trlll E1'1, Srlt. 800
Nrplca, FL 3{lI2
of the State of Florida"
"County," and Arthrex, Inc.,
collectively referred to as the "P
IYHEREAS, Collier County
Assistance Ordinance, as it may be further
the Code of Laws and Ordinances of Coll
"Ordinance," provides for a program of Fee
Tbir lprca for rcrording
Board of County Commissioners, hereinafter referred to as
anufacturing hereinafter referred to as '?rthrex,"
003-61, the Collier County Fee Payment
time to time, codified in Chapter 49 of
hereinafter referred to as the
for payment of impact fees to
AG FOR FEE PAYMENT ASSISTANCE PROGRAM
This Agreeme or ir Payment Assistance for the payment of Impact Fees is entered
into thisz*th,day o 2012, by and between Collier County, a political subdivision
qualifying businesses (hereinafter refened to as the "Pr"eiafu,'1,a
,._/
WHEREAS, the Ordinance provides that its purposes'ar7!o: (I) provide a performance-
based program offering financial relief for eligible targeted indu$r Jevelopment or expansion
projects in Collier County to mitigate the effects ofrising fees; (2) prdtvidelor rhe economic well
being of Collier County residents by providing high-wage .rploy*"ii(p5orlunities in Collier
County; (3) Iessen the seasonal cycle of Collier County's economy; *a 1+; "it*Jrug. investment
opportunities for new or existing businesses thus increasing and diversi
base;" and
foirt'g the County's tax
Wr{EREAS, to be considered eligible for approval under this program, a business or
project must meet certain stated criteria, including that the business or project is a high impact
project, located outside the enterprise community and Eastem collier county; is within the
targeted industry list of the Economic Development council of Collier county; and creates a
Page I @
Page 1266 of 5415
oR 4760 PG 449
minimum of20 new full+ime jobs paying an average wage equal to or grcater than 150 percent
ofthe County's current private-sector average wage; and
WHEREAS, Arthrex submitted an application to be considered for the Program for a
Project involving th9 expansion of its existing Creekide campus by approximately 100,000
-t.
square feet of n6w/fge6vated facilities, to be located on a parcel whose legal descriptions are
included in Exhib( tran} .is incorporated by relerence herein (which parcel is hereinafter./ '.
referred to as the "Propfrt/).' A copy of this application is on file in the Growth Management
Division, Impact Fee Adrfinistratio.n Oftice; and
-<1
WHEREAS, the County&anager and staff have reviewed the application and, based on
the representations therein, found tflfi $ gomplies with the requirements for lhe Fee Payment
Assistance Program as outlined and set forth in the Ordinance; and
)' , .
WHEREAS, at its June 28,2011 zql@l public meeting the Board, having reviewed the
application as well as the findings of tne/Co)*ii Manager and staff, and followilg pubtic
cornment on this matter (1) found that Arthrel-rfeeU lhe requirements for the Program as
outlined and set forth in the Ordinance, and (2) difecttd to p.epare this Agreement for ils
revlew.
NOW, THEREFORE, in consideration of the Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereba,y mutually acknowledged,
the Parties agree as follows:
l.
herein.
)
The foregoing Recitals are true and correct and are ted by reference
_/
The Board hereby agrees to enroll Arthrex into the Fee t Assistance
Program under the terms and conditions set forth below to assist Arthrex in expanding its
existing collier County business through a new 100,000 square feet (approximate) of
nedrenovated facilities to be located in its existing creekside campus in westem collier county.
3' In consideration for such assistance, Arthrex hereby accepts the benefits and
burdens set forth below and in ordinance 2003-61, as amended. should this Agreement conflict
with ordinance No. 2003-61, the parties agree that the terms ofthe ordinance sha prevail.
@Pagc 2
Page 1267 of 5415
4. As set forth in Exhibit B, Anhr€x is entitled to a maximum incentive award in the
sum of5941,732. This incentive award is a granl by Collier County to pay Arthrex's impact fees
as they become due for the Project. Impact fees are generally due on the filing of a site
development plan and upon the issuance of building permits. Artfuex understands aad agrees
that there is no <lqfig€{ funding source for this Project, and as such these grants are subject to.// )
annual appropriati{ _ .
/l5. Upon f$ol by the County of Arthrex's impact fees for the Project, such
payment of impact fees will<dnstitute a lien on the Property, which lien shall run with the land
and may be foreclosed upon in the event of non-compliance with the requirements of this
Ageement, or should arry'6f<t$ representations set forth in the Application be unkue or
unfulfilled. Neither the paymeri( ofpnpact fees nor this Agreement may be transferred, assigned,
credited or otherwise conveyed wlgor/t. tte prior wriften approval ftom the County, which
approval may be freely withheld. ( . ') ) ..
6. The amount of rhe impacf,fcerfy4a,U, t" f.ogram will in all events become due
and payable and shalt be immediately ,"-p"fA ,gfhiCounty by Arthrex and,/or the then cunent
property owner if the Property is sold or trafis9#a Uttout prior written approval from the
County at any time after the fust certificate of occ6nrhp,has been issued for the development
and prior to the l0-year obligation period and the impaCt feBS.must be paid in full to the County.
Any outstanding (i.e., as yet not repaid) impact fee amorldyeviously paid under this Program
will become due and payable and must then be immediat "{r"D}dto the County in the event of
sale or transfer prior to expiration ofthe Program obligation periof-.
17. On Arthrex's request, and at the County's sole oprioir, fug fountl's interest may
be subordinated to alt fust mortgages or other co-equal security inter6ssrhhe County's interest
will automatically be subordinate to the previously recorded f,ilp#Eg1e" and./or any
govemment funded affordable business loan such as the U.s. small BusinesJ Administration
(SBA) or the U.S. Departrnent of Agriculture (USDA) loan. ' -/--*
8. This Agreement will expire 10 years after the frst Certificate of Occupancy has
been issued for the Project. Following this expiration, and upon satisfactory completion of all
requirements of this Agreement, at the rhen property o*rer's request and sore 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.
Page 3
oR 4760 PG 450
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Page 1268 of 5415
oR 4760 PG 451
9. 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.
Anhex shall give the County reviewer full access to its business records and business premises
as required to certifr the created jobs. If the County Manager or his designee finds, on the basis
of subsrantial compe/en1 evidence, that lhere has been a failure to comply with the rerms of this
./t)
Agreement, the Aglement may be revoked or unilaterally modified by the County. Arthrex
/l
shall be given t0 buSlpd days prior written notice of any review. In addition to an annual
review, within 10 businessdr)ys from the County's written requesl, Arthrex will provide the
County with all requested docume,ntation required 1o verify compliance with the terms of the
Ordinance or this Agreemenf iy4he erent Arthrex is in default under this Agreement, and the
default is not cured within 30 drfs;*eilwritten notice is provided to ArthLrex, the County may
bring a civil action to enforce this Agre'ep.ient or declare that program's pa).rnent of the impact
payable. The County is entitled to
this program are thence immediately due and
and costs, including aftomey's fees and costs,
incurred by the County in enforcing this A lus interest at the then maximum statutory
q9Page 4
fees not yet recouped and previously
rate for final judgments, calculated on a until paid. These rights and remedies
of the County are in addition to any other rights that the County may have should
Arthrex be in delault or otherwise violate the terms or this Agreement.
10. By way ofexample and not as a will be in substantial
breach upon the following events: ( I ) any change in the business or project such that
it no longer meets the required Program criteria, as set forth i$er the Ordinance or this
Agreement; (2) failure to fully comply with all reasonable requesri 9Ury{e -y County review
conducted pursuant to this Agreement; (3) upon the County U*{g"ry), his designee being
informed of a material misrepresentation in the Application ; g1 ZO "J;"6ge) nor in place by
June 30, 2016, at an average wage of not less than $58,079 or a time extens/on,|ras not been
granted by the Board of County Commissioners related to the timing fo, th. dlifn of th.lobs,
or (5) failure by Arthrex to pay its tax bill in full to the tax collector's office annually, on or
before the date it is due.
11. This Agreement shall be recorded in the Official Records of Collier County at
Arthrex's sole expense. when all obligations have been met under this Ageement, the county
will record a satisfaction of lien in the public records of collier county, at the company's
expense.
Page 1269 of 5415
oR 4760 PG 452
oanh'
t CO
By:
LLIER COI.JNTY, FLORIDA
}-Lu GJq
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Attest:
D\VIGHT E.BOARD OF COUNTY COMMISSIONERS
cnBBBE1)
nnrO W. COvt r, Ct'iiil
Recommend Approval:
Division
t,l
App
legal
Coun
as to form and
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Page 1270 of 5415
oR 4760 PG 453
AS TO ARTHREX, INC AND ARTHREX MANUFACTURING, INC.:
By:4r
lru,x & 6nt,ft Arthrex, Inc. and Arthrex Manufacturing, Inc.
R.Vice President
Pri{f&l Name(ffi" d. OI.*L
{* ru6.tu,0.u*
<r \,
) 1''
/r.,,2,.
?/.'/.\//'
,r.)
Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
-l
ThJA^l e foregoing Agreement was acknowledged'me thi
, 201,2 , by R Scott
Manufacturing. Inc. rvho is OI
as proofof
INOTARIAL SEAL]
Signature of
, /dll uu, ",lnc. and A(hrex
has produced
Acknowledgment
-1tt!. Nol..ry PutrE Sl.t. otFrod.
i-Vi 39ffi*::*.,*.,,'?"I^d' e,oias oalzznors
Page 6 @
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ia
)
Page 1271 of 5415
oR 4760 PG 454
EXHIBIT"A"
Legal Description
Folio #: 29334000045 AND 29334000029
Legal Descriptiou:9 AND IO i]NIT I, CREEKSIDE COMMERCE PARK WEST
Unit 2.I, according to thc Declamtion ofCordominium thereof as
Book 4103, page 2598 ofthe Public Rccords ofCollier
County, Florida.)
PaEe'7
reconded in
#2g3340}o}2s - . )
Unit l, ofCreeksidc Flex /A Commercial Land Condominium, according to the terms
and conditions of the Dellaration of Condominium thercofrecorded in O.R Book 4103,
Pages 2598 ct seq., as amend$6f
|e.Public
Records of Collier County, Florida-
-)(r
Folio #29331193104 ' ' /
)' , \'.
Lcgal Description: Creekside Comm€rcc ,# )n Ja Ur, ,r"o, ,, ,
' ,./ t.
Folio #29331 19074 I ' ,/.'/ ),.
L,cgal Description: Creekside Commsce Park West, Unifnl, Lot a
i >) .
Folio #29331193120 '/ )./
Legal Descriplioo: Creekidc Commerce Park Wes! Unit Two, I;i8
(')
Folio #29331193081 J ()
Legal Dercrlption: Crcelaide Commerce Park Wcst, Unit Two, Lot 6 1 . , ,
Folio #: 00168049000 - )
Legal Description: 27 48 25 COMM NW CNR SEC 27, S 125.02FT, N 44DEG E 34,99FT, S
89DEC E 573.4sFT, S 89DEG E 500.6 tFT, S 89DEc E 768.26FT, S 02DEG E 1017.96FT,
CONT S 02 DEc E 64.06FTto POB; SWLY 631.99Ff, S 62.olFT, S73DEG E 658.13FI,N
02DEC W 392.22 TO POB.
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Page 1272 of 5415
*** oR 4760 PG 455 r**
EXHIBIT "B"
Impact Fee Amount
(.)
J
tl
)
)
,,/ ,,)
' )..
)t
Pagc 8
, l; Maximum Incentive Award
/ F'adal Investment x millage rote x years in progrdm\ )...*/ y2J000,000 x .0042806 x 10 = $941,732
./i
Page 1273 of 5415
PREPARED BY AND RETURN To:
DEREK D. PERRY, EsQ.
CoT,N.TY ATToRNEY'S OFFICE
3299 TAMIAMI TRAIL E. #EOO
NA?LES, FL 34I I2
TERI,{INATION OF FEE PAYMENT ASSISTANCE
PROGRAM AGREEMENT AND RELEASE OF LIEN
This Termination of Fee Payment Assistance Program Agreement and Release of Lien, is
entered into on this day of 2025, by and between Collier County, a political
subdivision of the State of Florida, through its Board of County Commissioners (the "County"),
with an address of c/o County Attomey's Ofhce, 3299 Tamiami Trail East, Suite 800, Naples, FL
34112, and Arthrex, Inc., Arthrex Manufacturing, Inc., and RES Collier Holdings, LLC
(collectively, "Artkex"), with an address of 1370 Creekside Blvd, Naples, FL 34108.
WHEREAS, the Arthrex is the beneficiary of certain financial incentives provided by Fee
Payment Assistance Agreement, dated January 24, 2012, and recorded in Ofiicial Record Book
4760,Page 456,and Official Record Book 4781, Page 2271, in the Public Records of Collier Corurty,
Florida, attached as Exhibit "A" hereto and by reference incorporated herein (the "Agreement");
and
WHEREAS, Arthrex was to create l0 new full-time jobs paying an average wage equal to
or greater $44,527; and
WHEREAS, the Agreement provided that the Fee Payment Assistance program would pay
impact fees totaling $597,513.71.
IN WITNESS WHEREOF, the County and Arthrex hereby:
1. Incorporate all Recitals herein as if fully stated.
2. Terminate the Agreement with the Arthrex responsible for the cost ofrecording.
3. Release the lien created by Agreement, effective on the date of recording.
4. Arthrex, by its execution hereof certifies, represents and warrants to the County that
Arthrex has met and greatly exceeded its requirements of the creation and
retention of l0 new full-time jobs paying an average wage equal to or greater
$44,s27.
The estimated capital investment of$22,000,000 related to the project has been
met or exceeded.
The terms and conditions of the Agreement have been fully satisfied.
a.
b
c
[2s-cMD-00r 99/r 9 1640s/r]Page I of2
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Page 1274 of 5415
ATTEST:
CRYSTAL K. KINZEL, CLERK
By:
, Deputy Clerk
Approved as to form and legality
Derek D. Perry
Assistant County Attorney
Witnesses (as to both)
Witness #1 Signature
Witness #l Printed Name
AS TO COTJNTY:
BOARD OF COLINTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
Burt L. Saunders, Chairman
AS TO ARTHREX:
Arthrex, Inc.
Bv:
Reinhold Schmieding, President
Arthrex Manufacturing, Inc.
Witness #1 Mailing Address By:
Reinhold Schmieding, President
Witness #2 Signature RES Collier Holdings LLC
By: Krisdan Management, Inc., its Manager
Witness #2 Printed Name
Bv:
Reinhold Schmieding. President
Witness #2 Mailing Address
STATE OF FLORIDA
COLINTY OF COLLIER
The foregoing instrument was acknowledged before me by physical presence this _ day of
2025, by Reinhold Schmieding, President of Arthrex, Inc., Arthrex Manufacturing, Inc., and
Krisdan Management, Inc., manager of RES Collier Holdings LLC, on behalf ofthe companies, who
is personally known to me.
Notary Signature
Notary Printed Name
Page 2 of 2
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[25-CMD-00r 99l19r6405/l]
Page 1275 of 5415
EXHIBIT 66A))
,)\
Page 1276 of 5415
INSTR 4676357 oR 4781 PG 2271 RECoRDED 4/4/2Oa2 11:34 Al,l PAGES 8 RE-RECoRD
DhIIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC s69.50 rNDX s1.00
Pr.p:rcd by:
J.fr.y rL Klrtzkow
CorIryAnom!y
3299 TrEirDi Tnil El!!, Suitc E00
N.plcq FL34l12
tNSrR 4552655 0R 4760 PG 456
RECOROED 1/31/2012 2:26 ptvt PAGES I
9WGr-tT E, BROC( CLERK OF THE CtRCU|T COURTCOLLIER COUNTY FLORIDA
REC $69.50 |NOX 51.00
A
This Agreem for Payment Assistance for the payment of Impact Fees is entered
into lhis 2aH\ j3y e , 2012, by and between Collier County, a political subdivision
of the State of Florida" throu$Board of County Commissioners, hereinafter referred to as
"County," and Arthrex,
"Arthrex," aad, RES Coll
and Arthrex
tarler, ULC,ier Ho
Manufacturing, Inc., hereinafter referred to as
collectively referred to as the "Parties."
( , .,,.
'L ftnirurs,', P..
WHEREAS, Collier County Ordininc9Ng,2003-61, the Collier County Fee Payment
Assistance Ordinance, as it may be nrtn"..ri"$X'goU, time to time, codified in Chapter 49 of
the Code of Laws and Ordhances of Collier ArrWSrc"a+ hereinafter referred to as the
"Ordinance," provides for a program of Fee Paymm($s-sistgnce for payment of impact fees to
qualifuing businesses (hereinafter refened to as the "P *$:lt:.ia
J
WIIEREAS, the Ordinance provides that its purposes "ar7lo: (l) provide a performance-
based program offering financial relief for eligible targeted ind[sgy4evelopment or expansion
pmjects in Collier County to mitigate the effects of rising fees; (2) pr6:vid;)for the economic well
being of Collier County residents by providing high-wage employrne-/nt oppciltunities in Collier
County; (3) lessen the seasonal cycle of Collier County's econorny; -ai+; #oLage investrnent
opportunities for new or existing businesses thus increasing and diversifiirilTi Countys tax
base;" and
WHEREAS, to be considered eligible for approval under this program, a business or
project must meet certain stated criteri4 including that the business or project is located within
Eastem Collier county; is within the targeted industry list of the Economic Development
council of collier county; and creates a minimum of l0 new full-time jobs paying an average
wage ofat least 115 percent ofthe County,s current private-sector average wage; and
Page I
_//
FOR FEE PA}MENT ASSISTANCE PROGRAM
@Page 1277 of 5415
oR 4781 PG 2272
herein.
WIIEREAS, Arthrex submitted an application to be considered for the Program for a
Project involving the construction ofa manufacturing facility of approximately 200,000 square
feet, to be located on a parcel whose legal description is attached as Exhibit A fiid is
incorporated by reference herein (which parcel is hereinafter referred to as the "Property'). A
copy of this is on file in the Growth Management Division, Impact Fee
Administration
\
Assistance Program as outliDedsld set forth in the Ordinance; and//,
WHEREAS, at its June 2Sl01) regular public meeting the Board, having reviewed the
application as well as the fin<iingJof .the County Manager and staff, and following public( .)-
comment on this matter (1) found thlt'a4hrex meets the requirements fot the Program as
outlined and set forth in the Ordinance, /an$iZl ai.""t.a staff to prepare this Agreement for its
review. ' ,t -..- l',
NOW, THEREFORE, in consideration of tielregoing Recitals, and other good and
valuable consideration, tle receipt and sufficiency ofytUln is hereby mutually acknowledged,
WHE and staffhave reviewed the application and, based on
the representati ons complied with the requirements for the Fee Payment
the Parties agree as follows:
l. The foregoing Recitals are true and are Incorpomted by reference
2. The Board hereby agrees to enroll Arthrex into ttr6-Fe Payment Assistance
Program under the terms and conditions set forth below to assi in expanding its
b00 square foot
lt\
existing Collier County business through the construction of a new
(approximate) manufacturing facility to be located in Eastem Collier CountyT--
3. In consideration for such assislance, Adhrex hereby accepts the benefits and
burdens set forth below and in ordinance 2003-61, as amended. should this Agreement conflict
with ordinance No. 2003-61, the panies agree that the terms ofthe ordinance shall prevail.
4. As set forth in Exhibit B, Arthrex is entitled to a maximum incentive award in the
sum of$1,070,150. This incentive award is a grant by collier County to pay Adhrex's impact
fees as they become due for the Project. Impact fees are generally due on the filing of a site
development plan and upon the issuance of building permits. Arthrex rmderstands and agrees
Page 2
@
Page 1278 of 5415
oR 4787 PG 2273
that there is no defined frrnding source for this Project, and as such these grants are subject to
aanual appropriation.
5. Upon payment by the County of Arthrex's impact fees for the Project, such
payment of impact fees will constitute a lien on the Property, which lien shall run with the land
and may be forecHsed upon in the event of non-compliance with the requirements of this
-/t )
Agreement, or slxdd qny of the representations set forth in the Application be untrue or
unfirlfilled. Neittrer (he p/Xnent ofimpact fees nor this Agreement may be transferred, assignetl,.J".
credited or otherwise cogyeled without the prior written approval from the County, which/.
approval may be freely withheld, .
6. The amouni Of fiy'impact fees paid by the Program will in all events become due
and payable and shall * trun(aiaty te-paid to the County by Arthrex and/or the then current
property owner if the Property is sgldot transfened without prior written approval from the
County at any time after the first Ce*ffiig*o.f Occupancy has been issued for the development
and prior to the l0-year obligation pddg,aota tle impact fees must be paid in full to the County.
Any outstanding (i.e., as yet not repaid) im$ac1leA amounts previously paid under this program
will become due and payable and must then dprdliately repaid to the County ir the event of
sale or transfer prior to expiration of the program obligadfl nerioa.
7. On Arthrex's request, and at ttre CouXf trilg option, the County's interest may
be subordinated to all fust mortgages or other co-equal lPCu;itf ,interests. The County,s interest
will automatically be subordinate to the previousty {r"./"a first mortgage and/or any
goverunent funded affordable business loan such as the U.Sj ,,ma{ Business Administration
(SBA) or the U.S. Department of Agriculture (USDA) loan. ') l-
,,
8. This Agreement will expire 10 years after the first C€rtifate of Occupancy has
been issued for the Project. Following this expiration, and upon *iif-8.9 completion of all
requirements of this Agreement, at the then property owner's request and /ole expense, the
county will record any necessary documentation evidencing same, includii(I not limited to,
a release of lien. The lien will not terminate except upon the recording of a release or
satisfaction oflien in the public records of Collier County.
9. 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 Ageement.
Arthrex shall give the county reviewer fi:Il access to its business records and business premises
as required to certiry the created jobs. If the County Manager or his designee finds, on the basis
Page 3 @
Page 1279 of 5415
oR 478L PG 2274
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. Arthrex
shall be given 10 business days prior written notice of any review. In addition to an annual
review, within l0 business days from the County's written request, Arthrex will provide the
County with all re4:ested documentation required to verifi compliance with the terms of the./i,.
Ordinance or tfiis;]gfeeinent. In the event Arthrex is in default under this Ageement, and the
default is nor curea.6ithfr 30 days after written notice is provided to Arthrex, the County may
bring a civil action tblenfgrcg this Agreement or declare that program's payment of the impact,/- '
fees not yet recouped aird previogsly paid under this program are thence immediately due and
payable. The County is entitletly' recover all fees and costs, including attomey's fees and costs,
incurred by the County in enf#cinfiq, egreement, plus interest at the then maximum statutory
rate for final judgrnents, calculated'on /calendar day basis until paid. These rights and remedies
ofthe County are in addition to aay ofre2rilhts and remedies that the County may have should
Arthrex be in default or otherwise viof "e7,6tyr.. "f tf,e Ordinance or this Agreement.
lO. By way of example and not fs airation, this Agreement will be in substantial
breach upon the following events: (t) any cha(ge,yy41e.status ofthe business or project such that
it no longer meets the required Program criteria,'ag, se) forth in either the Ordinance or this
Agreement; (2) failure to fully comply with all reasyx6bJe.pguests during any County review
conducted pursuant to this Agreement; (3) upon tf," totf frf"nager or his designee being
informed of a material misrepresentation in the Annlicatiof,; fy'10 new jobs are not in place by
June 30, 2014, at an average wage of not less than $44,527 exlension has not been
granted by the Board of County Commissioners related to the !he creation of the jobs,
ffice annually, on or
before the date it is due.
I l. This Agreement
Arthrex's sole expense. When
will be recorded in the Official
all obligations have been meet un
will record a satisfaction of lien in the public records of Collier County, at the company,s
expense.
op-ti+e
timinE for
cottedor;
County at
the County
or (5) failure by Arthrex to pay its tax bill in full to the Tax
Page 4 lr r(l
Page 1280 of 5415
oR 478L PG 2275
E,r t
IN WTINESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
t;.DWI BR BOARD OF COUNTY COMMISSIONERS
COLLIERCOUNTY, FLOzuDA
Vr,Lw. 1,.* L,
Recommend Approval:
Division
Bv
,.,.
0 iltg.i:
A
legal
Coun
.\
J
5)-!t
,,- ( ,,
,/)- -J>I
Page 5 )
. DeDutv Clerktc cnal'rcch-n( /8.rrr. /
_/
to form and
2
Page 1281 of 5415
oR 478L PG 2276
AS TO ARTHREX, INC., ARTHREX MANUFACTURING, INC., and RES COLLIER
HOLDINGS, LLC:
By
R. Scott ice President
-.. Arthrex, Inc.,Arthrex Manufacturing, Inc. and
S Collier Holdings, LLC
rr'
ignatueJl.t /'t,4,o-
Printed Name
Print Name
STATE OF FLORIDA
COTINTY OF COLLIER
JqJ The foregoing Agreement was acknowledged before
2012, by R. Scott Price, Vice Presi
Inc. and RES Collier Holdings, LLC, who is
as proo of tity
OTARIAL
Signature of Person
N day of
Manufacturing,
kno\Yn to me has produced
r}\'uJ
i.#
Nolr.y PublE Slrl. ol Fbr'dr
Oonna J Brown
My Commtsrbn EEr00a 19
Erp{r3 o!/27l2015
Page 6
Acknowledgment
-)
/
orYe-f r-
Printed Name
Page 1282 of 5415
oR 4787 PG 2277
// ,) ,
LEGALDESCRIPTION
BEING A PORTION/OPSECFTON 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COtrNTr,
FLORTDA, EEING IUOY}RTICUt-ARrY DESCRIBED AS FOIIOWS:
COMMENCTNG AT THE;SUTHEAST CORNER OF THE SoIITHWEST % OF SEqTION 17,
TOWNSHIP 48 SOUTH,,.RANGE 29 EAST, COLLIER COIINTY, FLONDA; THENCE SOUTH
- ExhibitA
NHODES ERHODES LAND SURWYINq ING
,81N INNTTA ARAND2 NR AB TO7 BONLTA BP]IIME NID'IIDI 31IS
_ PEoNE (W) 4&Ar&i .v/r e:p) 16816:'
88's5'34" WEST, ALONG THE LINE OF THE SOUTHWEST % OF SAID SEgflON 17, A
DISTANCE OF 939.19 FEET;NORTH 0r"04'26" WEST, A DISTANCE OF 35o.or FEE'I TO
THE PQIIII QI-L EGINN]NG OF E PARCEL OF I^AND HEREIN DESCRIBED, THE SA'.,VE BEING
A POINT ON TIIE BOIJNDARY TH CERTAIN I.ANDS DESCRIBED AS 'EXHIBIT "A" . D.R.I.
I.ANDS' AND RECORDED IN O RECoRDS BOOK 4o4o, PAGE r7r1 OF THE PUBLIC
RECORDS OF SAID COLLIER CO RIDA; THENCE RUN THE FOLLoMNG THREE (3)
COURSES ALONC THE SAID [AN'DS; COIIRSE NO. r: SOUTH 88"ss'37"
WESI, 188.88 FEET;" WXST, r,286.63 FEET; COURSE NO. '1:
NORTH oo"27'o4'' WEST, 715.99 FE TING FROM SAID L{NDS , NORTH
89032'56" EAST, A DISTANCE OF 1 A NON-TANGENTIAL CIIRVE;
CIRCUI.A.R CURVE, CONCAVETHENCE SOUITIEASTERLY, 443
NORTH EASTERLY, I.IAVING A UGH A CENTRAL ANGI.E OF
24"2r'36" AND BEING lrTH 22"3r'06" EAST, 44o.S3
FEETi THENCE SOUTH 34"15 FEET TO A POINT OF
CURVATURE; THENCE SO HE ARC OF A CIRCUIAR
CUR}'E, CONCAYE SO 56.00 FEET, TIIROUGH A
CENTRAT ANGLE OF 13.54,O RD MIICH BEARS SOTITH
27'44'53" E:AST, rro.36 FEET
CONIAIMNG 9o9,76s SQUARE
SUBJEgITO EASEMENT, RESER NS OF RECORD
BEARINGS ARE BASED ON THE SOUT}I OF THE % OF SEqnON 17,
TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY,
88'55'34" WEST.
AS BEING SOUTH
,)
I
c EA
ET,
B
20.89 ACRES,
INT F
@
Page 1283 of 5415
i** oR 4781 PG 2278 ***
./ I ) Maximum Incentive Award:
( cr)uol t*"n^ent x millage rate x years in program'----?' \
",.7f zl,ooo,ooo t .0042806 x t0 : sr,070,rs0
E)GIIBIT "8"
Impact Fee Amount
t to be Paid on Behalf of Artfuex:Impact F# Amoun
,l
./.)l- .,
' /t' /t'y'.-.
',,,}-r)
./t
.8597,51 3.71
)C.J r)
,,}
)
r'-*
@Page 8
Page 1284 of 5415
PREPARED BY A\D RETI,RN TO:
DEREK D. PERRY, ESQ.
CoL}TTY ATIoRNEY's OFFICE
3299 TAMIAMI TRAIL E. #EOO
NAPLES, FL 34 I I 2
TERMINA'I'ION OF JOB CREATION INVESTMENT
PROGRAM AGREEMENT AND RELEASE OF LIEN
This Termination of Job Creation lnvestment Progmm Agreement and Release of Lien, is
entered into on this day of 2025, by and between Collier County, a political
subdivision of the State of Florida, through its Board of County Commissioners (the "County"),
with an address of c/o County Attomey's Office, 3299 Tamiami Trail East, Suite 800, Naples, FL
34112, and Arthrex, Inc. and Arthrex Manufacturing, Inc. (collectively, "Arthrex"), with an
address of 1370 Creekside Blvd, Naples, FL 34108.
WHEREAS, the Arthrex is the beneficiary of certain financial incentives provided by Job
Creation Investrnent Program Agreement, dated January 24,2012, and recorded in Official Record
Book 4760, Page 464, in the Public Records of Collier County, Florid4 attached as Exlibit "A"
hereto and by reference incorporated herein (the "Agreement"); and
WHEREAS, Arthrex was to create 600 new full-time jobs paying an average wage equal
to or greater $59,580; and
WHEREAS, the Agreement provided that through the Job Creation Investrnent Program,
the County would award grant monies to Arthrex totaling $1,200,000.
IN WITNESS WHEREOF, the County and Arthrex hereby:
1 . Incorporate all Recitals herein as if fully stated.
2. Terminate the Agreement with the Arthrex responsible for the cost of recording.
3. Release the lien created by Agreement, effective on the date of recording.
4. Arthrex, by its execution hereof certifies, represents and warrants to the County that:
Arthrex has met and greatly exceeded its requirements of the creation and
retention of600 new full-time jobs paying an average wage equal to or greater
$59,580.
b. The terms and conditions ofthe Agreement have been fully satisfied
ISIGNATURE PAGE TO FOLLOWJ
[25-CMD-00199/l 9l 6372ll ]Page I of2 (.;)
it.
Page 1285 of 5415
ATTEST:
CRYSTAL K. KINZEL, CLERK
AS TO COUNTY:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COLINTY, FLOzuDA
Notary Printed Name
Page 2 of 2
B):By:
, Deputy Clerk Burt L. Saunders. Chairman
Approved as to form and legality:
Derek D. Perry
Assistant County Attomey
AS TO ARTHREX:
Witnesses (as to both):
Arthrex, Inc.
Witness #1 Signature
By'
Witness #1 Printed Name Reinhold Schmieding. President
Witness #1 Mailing Address Arthrex Manufacturing, Inc.
Witness #2 Signature
B):
Reinhold Schmieding, President
Witness #2 Printed Name
Witness #2 Mailing Address
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me by physical presence this _ day of
2025, by Reinhold Schmieding, President of Arthrex, Inc. and Arthrex Manufacturing, Inc., on
behalfofthe companies, who is personally known to me.
Notary Signature
[.4/li.r l'oruri ul SuulJ
[25-CMD-001 99/1916372/l ]@
Page 1286 of 5415
EXHIBIT 66A))
@
Page 1287 of 5415
rNsTR 4652656 oR 4760 PG 464 RECoRDED l/31/2O12 2:26 Plil PAGES 7
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 161- 00
P..pir.d by:
&,Ifty A. K.Elow
CourtYAttorll.Y
3299 Trnhml Tdil Er!( Suilc t00
Nrplcr, FL34l12
t/;'"Y
'Ihis spacc for r.rording
TION INVESTMENT PROGRAM AGREEMENT
This Job Creatiogkfvettment Program Agreement ("Agreement") is entered into this
.2,$\1 aay of Tcrn 2 12, by and between Collier County, a political subdivision of
the State of Florida, through Board of County Commissioners, hereinafter referred to as
"County," and Arthrex, Inc. and
as "Arthrex."
Arprex'fvlanufacturing, Inc., hereinafter collectively refened to
1' /'.
tlnotcU,u.s'
WHEREAS, on November t 8, ZO0| dre, noard of County Commissioners ("Board")
enacted Collier County Ordinance N o.20C !60ipotirnonly referred to as the Collier County Job
Creation Investment Program Ordinance, "o{;fyl4.Xi"te III of Chapter 49 of the Code of
Laws and Ordinances of Collier County Florida, fd"inafu, ,"f".red to as either the "Program;"
and ,1 .,',
WHEREAS, the Program provides that it" pr.prs"'.21to: (1) provide a performance-
based program offering financial relief for eligible targeted ffistry. development or expansion
projects in Collier County to mitigate the effects of rising fees, {frng}th escalating relocation
and expansion costs, associated with these projects; (2) provide f# tp. ecpnomic well being of
Collier County residents by providing high-wage employment oppo&unlr/es ir, Collier County:
(3) lessen the seasonal cycle of Collier Cormty's economy; and (alery\age investment
opportunities for new or existing businesses thus increasing and diversiffing he,County's tax
base;" and
WHEREAS, to be considered eligible for approval under this program, a business or
project must meet certain stated criteria, including (l) Thb business or project is located within
Eastem collier county; is within the targeted industry list of the Economic Development
council of collier countyi and creates a minimum of l0 new, qualified full-time jobs paying an
average wage of at least I 15 percent of the County's current private-sector average wage; or (2)
The business or project is a high impact project, Iocated outside the enterprise community and
@
Pag. I
Page 1288 of 5415
oR 4760 PG 465
Eastem Collier County is within the targeted industry list of the Economic Development
Council of Collier County; and creates a minimum of 20 new, qualified full-time jobs palng an
average wage equal to or greater than 150 percent of the County's current private-sector average
wage; and
wrm submitted an application to be considered for the Program for two
Projecc. The ect involves the construction in Eastem Collier Countv of a
manufachrring facilit ly 200,000 square feet, to be located on a parcel whose
legal description is attacbedadExhibit A and is incorporated by reference herein. The second
WHEREAS, at its June 28, 201 1 regular pub lc the Board, having reviewed the
staff, and following publicapplication as well as the findings of the County Mxfagl(
cornment on this matter (l) formd that Arthrex meets th utements for the Program as
outlined and set forih in the ordinance, aad (2) directed staif to rfieplre this Agreement for its
review. J .t
NOW THEREFORE, in consideration of the foregoing Recitr(zrind other good and
valuable consideration, the receipt and sufficiency of which is hereby dutuafiT acknowledced,
the Parties agree as follows: ,)I' The foregoing Recitals are true and correct and are incorporated by reference
herein.
2. The Board hereby agrees to enro Arthrex into the collier county Job Crearion
Investment Program under the terms and conditions set forth below to assist Arthrex in
expanding its existing collier county business through the construction ofa new 200,000 square
foot (approximate) manufacturiag facility to be Iocated in Eastem collier county and
approximately 100,000 square feet ofnevrenovated facilities in its creekside campus.
Page2 6:\(d
WHEREAS, the County Manager
the representalions therein, found that it
and reviewed the application and, based on
requirements for the Job Creation
Investrnent Program as set forth in the Ordinance;and
Page 1289 of 5415
oR 4760 PG 466
3. In consideration for such assistance, Arthrex hereby accepts the benefits and burdens
set forth below and in Ordinance 2003-60, as amended. Should this Agreement conflict with
Ordinance No. 2003-60, the parties agree lhat the terns ofthe Ordinance shall prevail.
4. Arthrex.intends to create 600 new, qualifying jobs phased over a three-year periodI
at an average ytgl o, $59,530. The first 400 jobs are projected to be created no later than./
June 30, 2014. Sferecc\ra 100 jobs are projected to be created no later than June 30, 2015.
The frnal lO0 jobs arLJteited to be created no later than June 30,2016.
S. Artfrex is hgrd6yiawarded a grant in the sum of$1,200,000, representing $2,000.00
per new full time job created, tq$pda based on the Job Creation Phases I through 3 schedules
as follows: /
(a) On or shortly after fuffi0,j20t4, the County Manager or his designee shall verifo
whether at least 400 C,r*5q:9tr have been created. If verified, the County will
pay Arthrex the first sum o@06,0f6.67, after October 1,2014.
(b) On or shortly after June 30, 20]E {ro$ounty Manager or his designee shall verifr
whether the 400 qualified :.trF igt in ptu." and whether 100 additional
Qualilied Jobs have been created. z(rrerilied, rhe Cormty will pay Arthrex the./ ,/.
second sum of 5266,667 .67 for Phase l-y,t:$" sum of $66,666.67 for Phase 2,
after October l, 2015. <.)r.
(c) On or shortly after June 30,2016, the Count! Mdnrler or his designee shall verifi
whether the 500 qualified jobs from Phase l -and Phase 2 are still in place and
whether 100 additional qualified jobs have been c1d&a) If verified, the County
will pay Arthrex the final sum of $266,666.66 for Pllasl ald the second sum of
$66,666.67 for Phase 2 and the first sum of$66,666.62 forf.i(ge 3, after October t,
20t6. / J ,
(d) On or shortly after June 30, 2ll7,the County Manager or his d;rik shall veriff
whether lhe 600 qualified jobs from Phase l, Phase 2 and phase 3 are still in place.
If verified, the County will pay A6fuex the final sum of $66,666.66 for phase 2 and
the second sum of$66,666.67 for Phase 3, after October 1, 2017.
(e) on or shortly after June 30,2018, the county Manager or his designee shalr verify
whether the 600 qualified jobs from phase l, phase 2 and phase 3 are still in place.
If verified, the County will pay Arthrex the final sum of $66,666.66 for phase 3,
after October l, 2018.
Page 3 /<\
ud
Page 1290 of 5415
At es [d tyClerk
6. Should at any time over the term of this Agreement the number of qualifring jobs is
less then set fofih in the payment schedule set forth above, for such payment period the County
Manager or his designee will authorize a lesser sum be paid based on the actual number,
provided that the actual number meets or exceeds the minimum number of quali$ing jobs setI
forth in the Ordiprn/e.;This diminution of grant funds shall be the County's sole remedy should./
Arlhrex not meet dfepchduled job creation. Arthrex understands and agees that there is no(t
defined funding sourqq,,foi'.this Projec! and as such these grants are subject to annual
appropriation. /// )
7. As a precondition p feyment, Artfuex shall give the County reviewer full access to
its business records and busine/premises as required to certify the created jobs. Arthrex shall
be given l0 business days prior wriqdfr nltice of this review.
8. Neither the payment offiyrds, ror this Agreement, may be transferred, assigned,
credited or otherwise conveyed withoutlr{or.v}ritten approval from the County, which approval
may be freely withheld. ' , )
9. The County shall record this ierfrgithe Public Records of the County, with
all costs of recording being paid by Arthrex. A&ei all obligations have been met, a satisfaction
of agreement will also be recorded in Collier Coun(pffi Jecords at Arthrex's sole expense.
' ,,t.r, ,
IN WITNESS WHEREOF, the Parties have exCcgrCd fis ngreement on the date and
year first above written. ' -./
BO
co
By:
FLO
,,1
zuDA
ARD OF CO
LLIER CO
t,k
il g'rA
FRED W. COYLE,
Re Approval:
Nick uida
Deputy Adminishator
Growth Management Division
Appro
legal s
JeIAey
Couaty tto
Page 4
@
oR 4760 PG 467
Attest:
('riJ.
COMMISSIONERS
Page 1291 of 5415
oR 4760 PG 468
AS TO ARTHREX, INC. and ARTHREX MANIjFACTURING, INC.
Signed, sealed and
D in the of:
By:
ture R. Scott Vice President
(,
Athrex, Inc. and Arthrex Manufacturing Inc.
C\)
si6iture
.,/n^r k)- Caeet<
Printed Name
1t
day of
Arthrex
STATE OF FLOzuDA
COLTNTY OF COLLIER
ln,J*foregoing Agreement was
2012, by R. Scott Price,
Manufacturing, Inc., who is
INOTARTAL SEAL]
Signature ofPerso A
Bbefore me this
t', to
ty.
Inc. and
or has produced
as
n
-J)
@
-{rr t Nor.^ Publrc Sr!r.ol Flond.i-rli g:*"',"'1m.,"*,"
'"0,r'^6.F E;, G! o!/27r20r 5
Page 5
Printed Name
L{
a
.)
Page 1292 of 5415
oR 4760 PG 469
I
,/ / ) LEGAI DESCRIPTIoN
BErNG A PORTION'6PSE;flON 17, TOWNSHIP 48 SOIIIH, RANGE 29 El"ASr, COLLIER COUNTY,
FLORTDA, BErNG MO[}BTICuuxrv DESCRIBED AS FOLLOWS:
ExhibitA
BEODre & REODBq LAND gABWYII{q ING,
816H)MTA ABANDDDR @107 BO]{TUEPRSIAA EA)RIIU SIX5PEONE(A)&O|6 rAX(N)1,d!81d
" wEsT, 1,286.63 FEET; COITRSE NO. q:
NORTH oo"27'o4" wEsT, 25.99
89o32's6" EAST, A DISTANCE oF 1
THENCE SOUTI{EASTERLY, 443.
NORTH EASTERIY, HAVING A
24'21'36" AND BEING SUBTEN
FEET; THEI\ICE SOITTH 34'
CURVATURE; THENCE SO
CURVE, CONCAVE SO
CENTRAI ANGLE OF 13"54'0
27'44'53" EAST, r10.36 FEET
CONIAINING 909,765 SQUARE
SUBJECT TO TASEMENT,
BEARINGS ARE BASED ON THE SOUTH OF THE SO
TOWNSHIP 48 SOUTH, RANGE Z9 EAST, COUIER COI,NTY,
88'SS'34" wFsT.
FROM SAID IdNDS, NORTH
A NON-TANGENTIAL CURVE;
CIRCUI.AR CI'RVE, CONCAVE
GH A CENTRAI ANGLE OF
22'31'o6" EAST, 44o.53$ FEET TO A POINT OF
E ARC OF A CIRCI'I^AR
6.00 FEET, ITIROUGH A
RD WHICH BEARS SOUTH
s.
OF RECORD.r,,
ufHWdsT % oF sEgnoN 17,
",bl*4,.J A*S BEING SOUTH
< 'i
)I
2o.89 ACRFJ,
&)
DISIANCE OF FEET;
11lE
ON THE BOUNDARY
I^ANDS' AND RECORDED IN
RECORDS OT SAID COLLIER
THE
EAST, COIIIER COIJNTY, FLORIDA; THENCE SOIITH
LINE OF THE SOUTHWEST % oF SAID SECTION 17, A
T}TENCE
BOOK 4o4o, PAGE 171t OF THE PUBLIC
RIIN TI{E FOLLoMNG THREE (3)
COURSES ALONG THF,SAID
WESI, 188.88 FEET|
Page 1293 of 5415
*** oR 4760 PG 47O ***
Folio #: 2933
Legsl
Unit 2.
EXHIBIT'B"
l,cgal Description
AND 29334000029
recorded in O
County, Florida.
i29134000029
Unit l, ofCre,ekside Flex
and conditions of the
Pages 2598 et seq., a:i
Folio #29331 t93104
Legal Dcscription: Crccksidc
Folio #29331190741
Legal Description: Creekside
Folio #29331193120
Condominium thereofrecorded in O.R Book 4103,
Public Records ofCollier County, Florida"
9 AND 10 l]MT I, CREEKSIDE COMMERCE PARK WEST
I, according to ths Dcclamtion ofCondominiurn lhereof as
Book 4103, page 2598 ofthe Public Records ofCotlier
al Land Condominium, according to ths tcrms
7
4
Legat Dcscription: Creckide Commcrce Park West, Unit Two, Lraf,. )J-t
Folio #29331 19308 t ( )
Legal Dcscription: Crcekside Commerce Park lVcst, Unit Tw .,U, A 1 ))
t.
Folio #: 00168049000 ,r--
Legal Decription: 27 48 25 COMM NW CNR SEC 27, S 125.02FT, N 44DEC E 34.99FI, S
89DEG E 573.45FT, S 89DEG E 500.6 IF-I, S 89DEG E 768,26FT, S O2DEG E IOI7.96FT,
CONT S 02 DEG E 64.06FT to POB; SWLY 631.99FT, S 62.01FT, S73DEG E 658.13FI,N
02DEG W 392.22 TO POB.
Page 7
Page 1294 of 5415
PREPARED BY AND R-ETURN To:
DEREK D. PERRY, EsQ.
CoUNTY ATToRNEY,S OFFICE
3299 TAMTAN,j TRAIL E. #800
NAPLES, FL 34I I2
TERMINATION OF ADVANCED BROADBAND INFRASTRUCTURE
INVESTMENT PROGRAM AGRI,EMENT AND RELEASE OF LIEN
This Termination ofAdvanced Broadband Infraskucture Investment Program Agreement and
Release oflien, is entered into on this . dayof. . 2025,by and between Collier County,
a political subdivision of the State of Florida, through its Board of County Commissioners (the
"County"), with an address of c/o County Attomey's Office, 3299 Tamiami Trail East, Suite 800,
Naples, FL 34112, ar,d Arthrex, Inc. and Arthrex Manufacturing, Inc. (collectively, "Arthrex"),
with an address of l3 70 Creekside Blvd, Naples, FL 34108.
WHEREAS, the Arthrex is the beneficiary of certain financial incentives provided by
Advanced Broadband Infrastructure Investment Program Agreement, dated January 24, 2012, and,
recorded in Official Record Book 4760, Page 471, in the Public Records of Collier County, Florida,
attached as Exhibit "A" hereto and by reference incorporated herein (the "Agreement"); and
WIIEREAS, Arthrex was to create 600 new full-time jobs paying an average wage equal
to or greater $59,580 and expand its existing Collier County business through the construction of
a new 200,000 square foot (approximate) manufacturing facility to be located in Eastem Collier
County and approximately 100,000 square foot renovation/expansion at its Creekside campus; and
WHEREAS, the Agreement provided that through the Advanced Broadband Infrastructure
Investment Program, the County would award Arthrex up to $25,000 for the cost ofthe approved
business project's system installation or upgrade.
IN WITNESS WHEREOF, the County and Arthrex hereby:
I . Incorporate all Recitals herein as if fully stated.
2. Terminate the Agreement with the Arthrex responsible for the cost olrecording
3. Release the lien created by Agreement, effective on the date ofrecording.
4. Arthrex, by its execution hereofcertifies, represents and warrants to the County that
Arthrex has met and greatly exceeded its requirements of the creation and
retention of600 new full+ime jobs paying an average wage equal to or greater
$59,580 and expand its existing Collier County business through the
construction of a new 200,000 square foot (approximate) manufacturing
facility to located in Eastern Collier County and approximately 100,000 square
foot renovation/expansion at its Creekside campus.
The terms and conditions ofthe Agreement have been fully satisfied.
a.
b
[25-CMD-00199/1916396/l ]Page I of2 @
Page 1295 of 5415
Approved as to form and legality:
Derek D. Perry
Assistant County Attomey
Witness #1 Signature
Witness #l Printed Name
Witness #1 Mailing Address
Witness #2 Signature
Witness #2 Printed Name
Witness #2 Mailing Address
STATE OF FLORIDA
COUNTY OF COLLIER
ATTEST:
CRYSTAL K. KINZEL, CLERK
By:By:
, Deputy Clerk Burt L. Saunders, Chairman
AS TO COTINTY:
BOARD OF COLINTY COMMISSIONERS OF
COLLIER COTINTY, FLORIDA
AS TO ARTHREX:
Arthrex, Inc
Bv:
Reinhold Schmieding, President
Arthrex Manufacturing, Inc.
By:
Reinhold Schmieding, President
Notary Signature
Notary Printed Name
The foregoing instrument was acknowledged before me by physical presence this _ day of
202.5, by Reinhold Schmieding, President of Arthrex, lnc. and Arthrex Manufacturing, Inc., on
behalfofthe companies, who is personally known to me.
l.lllit .\'ote rriul Stul I
[25-CMD-00199/t 916396/l]Page 2 of 2
Witnesses (as to both):
@
Page 1296 of 5415
EXHIBIT 6(A))
@
Page 1297 of 5415
INSTR 4652657 oR 4760 PG 471 RECoRDED L/3L/2O12 2:26 PM PAGES I
DWIGHT E. EROCI(, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $69.50
Prrpir!d by:
Jcrr.y A. KhEkow
CoootyAflomcy
.3299 Trml.niTrrll Er3t, Soll.800
Nrpl.r, FL34l12
ADVANC
Thi3 sprcr for rrcording
BAND INFRASTRUCTURE INVESTMENT PROGRAM
AGREEMENT
/// )
This Advanced Bioadband,Infrasructue Investment Program Ageement ("Agreement')
is entered into this !i{t1 day o 2012, by and between Collier County, a
RECffe,I-qr /2
WHEREAS, on November l, 2005, The ,4tY"*O Commissioners ("Board")
enacted Collier County Ordinance No. 2005-56, conrrrtgrdyefened to as lhe Collier County
Advanced Broadband Inftastruchue lovestment Woe^ 6raj*ce, codified as Article V of
Chapter 49 of the Code of Laws and Ordinances of Collier Counforida, hereinaffer refened to
as the "Ordinance;" and J '- .'
WHEREAS, the Ordinance provides that its purpos"s -e to:6.'(l )uiEstablish an advanced
broatlband infrastructure investment program for the purpose of effErding Collier County's
economic diversification etroils; (2) Provide for the economic *.tt i"iigloi Collier Counry
residents by providing better opportunities for high-wage employment in{oiif,. County; (3)
Lessen the seasonal cycle of Collier County's economy; and (4) Encourage investrnent
opportunities for new or edsting companies thus increasing and diversiSing the county's tax
base;" and
WHEREAS, to be consideted eligible for approval under this program, a business or
project must meet certain stated criteria, including that (l) the business or project is located
within Eastem collier county; is within the targeted industry list of the Economic Development
council of collier county; and creates a minimum of l0 new fulr-time jobs paying an average
Page I
@
Page 1298 of 5415
wage of at least 115 percent of the County's current private-sector average wage; or (2) the
business or project is a high impact project, located outside the enterprise community and Eastem
Collier County; is within the targeted industry list of the Economic Development Council of
Collier County; and
Treates
a minimum of 20 frrll{ime jobs paying an average wage equal to or
greater than l5o,6rCAi ofthe County's cunent private-sector average wage; and
WHEREAS, $-rtlulx submitted an application to be considered for the Program for two
Projects. The first lrott(involves the construction in Eastem Collier of a manufacturing facility,.)
of approximately 200,00d square feet, to be located on a parcel whose legal description is
attached as Exhibit A and isjnco;$orated by reference herein. The second project involves the
expansion of its existing C/"f."id". campus by approximately 100,000 square feet of
nerv/renovated facilities, to be loca parcel(s) whose legal description is attached as Exhibit
B and is incorporated by reference )A, copy of this application is on file in the Growth
Management Division, Impact Fee A OIIice. Arthrex is proposing to create 600 new
valuable consideration, the receipt and sufficiency of which is hereby muh:affidE'owledged, the
parties agree as follo\ s:
1. The foregoing Recitals are tue and correct and are incorporated by reference herein.
2. The Board hereby agrees to enroll Artkex into the Collier County Advanced
Broadband Intastructure Investment Program under the terms and conditions set forth below to
assist Arthrex in expanding its existing Collier County business through the construction ofa new
200,000 square foot (approximate) manufacturing facility to be located in Eastem collier counw
@
Page 2
oR 4760 PG 472
WHEREAS, at its June 28, 2011 regular public Board, having reviewed the
application as well as the findings of the County staff,and following public
comment on this matter (l) found that Arthrex meets the lot the Program as outlined
and set forth in the Ordinance, and (2) directed staff to prepare this for its review.
NOW TffiREFORE, in and
Page 1299 of 5415
oR 4760 PG 473
and approximately 100,000 square foot renovation/expansion at its Creekside campus. Arthrex
may utilize the award in either facility or may apportion the award between the two facilities,
Prior to the issuance of lhe award Arthtex will notifr the County in writing how it wishes to
utilize the award.
for such assistance, Arthrex hereby accepts the benefits and burdens
set forth below 2005-56, as amended. Should this Agreement conflict with
Ordinance No. 200 agree that the terms of the Ordinance shall prevail.
4. This comJnence upon i1s execution by the County, and will
terminate with the final Proglanr t to Arthex. Arthrex must be fully compliant with its
initial Program eligibility the term of this Agreement.
5. The total
the approved business
funds will be paid in
fiscal year, beginning
as comPlete by the co
for each fiscal year.
6. Arthrex will notifv the Countv Mana '.his designee, in writing, once the
3. In
o
broadband infiaskuctue installation is complete. Th(.Cp6ry Manager or his designee will
verifi project completeness and obtain a copy of aU dvlcegaetailing coss related to such./
project. Arthrex will pay, or have already paid, irs tax bill-in full to the Collier County Tax
Collector's office annually on or before the date it is frnally due. (ilr rhis progranr, appLicants
are not eligible to pay their taxes on an installment basis. Artlrex will/the{ submit a copy of their
ad valorem tax payment receipt to the County Manager or his designee/verifing all taxes have
been paid in full and on time for each year the company is eligibl; forfa/m€nt under this
program. Upon receipt, and verification of compliance with the terms of lhedidiiance and this
Agreement, payment to the applicant will be authorized within 60 days.
7. Ifthe property which is subject to this Agreement is delinquent in the payment of its
annual taxes or special assessments at any time within the payment period, then any outstanding
balance to be paid will not be made unless and until all outstanding ad valorem property taxes aad
special assessments are paid in full.
Page 3
td
Page 1300 of 5415
oR 4760 Pc 474
8. An annual review and audit ofperformance under this Agreement shall be performed
by the County Manager or his designee to determine whether there has been good faith
compliance with the terms of this Agreement. Artfuex shall give the County auditor full access to
its business records and
understands t urdt /arirt
ordinance nu., th{errfte
business premises as required to certiry the created jobs. Arthrex
maintain the minimum number of qualifying jobs set forth in the
on the basis of sub evidence, that there has been a failure to comply with the
terms of this Agreement,Agreement may be revoked or unilaterally modified by the County.
Arthrex shall be given l0 busines/days prior written notice of any review and audit. In addition
to an annual audit, within l0,/usiness, days from the County's written request, Arthrex will
provide the County with all requestd doy'umentation requfued to verifi compliance with the terms
of the Ordinance or this Agreement. - ( i )..
9. Neither the payment of fua$, oo) this Agreement, may be transferred, assigned,
crediled or otherwise conveyed without prio/-writtqr approval from the County, which approval
may be freely withheld. This Agreement witt ru/ufrhe Una.
10. In the event Arthrex is in default urrdgr 6G4gr""-en! and the default is not cured
within 30 days after written notice is provided lo Artye{,.hiBoard may bring a civil action to
enforce this Agreement or declare that the grant funds &elrCnce immediately due aad payable.
The Board is entitled to recover all fees and costs, incfud6y{.rro)tey's fees and costs, incurred by
the County in enforcing this Agreement, plus interest at the th-en maximum statutory rate for fmal
judgments, calculated on a calendar day basis until paid. SV 6a)il example and not as a
limitation, this Agreement will be in substantial breach upon Gi 5loiri"g events: (l) any
change in the status of the business or project such that it no longer m/ts7h1 required Program
criteria, including maintaining the minimum number of qualifying jbbsf-(2} failure to fully
comply with all reasonable requests during any County audit conductrd-!ffisuanl to this
Agreement; and (3) upon the County Manager or his designee being informed of a material
misrepresentation in the Application.
11. The County shall record this Agreement in the Public Records of the County, wilh
all costs of recording being paid by Arthrex. After all obligations have been met, a satisfaction of
agreement will also be recorded at Arthrex's sole expense.
Page 4
@
of this Agreemenl If the County Manager or his designee finds,
Page 1301 of 5415
oR 4760 PG 475
legal
J
V-L w
IN WITNESS WITF,REOF, the Parties have executed this Agreement on the date and
year first above written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLOzuDA)
ir'atkextx k
{)
FRED W. COYLE,
Approval:
(,)
to form and
mey
t Division
a\
.,/
-/t)'-J ,!
@
By:
,1'/
0s
Attest:
r1"
Page 5
Page 1302 of 5415
oR 4760 PG 476
AS TO ARTHREX, INC. AND ARTHREX MANUFACTURING, INC.
Si and
Deli ln of:
By:
Signature
Ke*t a-.
S Vice sident
Arlkex, Inc. and Arthrex Manufacturing Inc.
Inc. and
f
day of
Arthrex
)
Printed Name
S
5' u.&n u
Printed Name
STATE OF FLORIDA
COLNTY OF COLLIER
before me this d{he\l foregoing Agreement was
Manufacturing,
2012, by R. SInc. who is
INOTAzuAL SEAL]
as
Signature ofPerson
or has produced
)t..
".1
,,
fii"t [fr3;E*.."**'
?^-!'19' uv com-$i1n 6sroo. rt'o,Fo- rrpr.r 0&2 7,201 l
PaEe 6
@
me
Page 1303 of 5415
oR 4760 PG 477
ExhibitA
RHODE|g & REODre LAND SUNWYINq ING
AlN INMTI AEANDB DR EIE lof BONEA EPIIINOS FINRIDI8llfi
PEONE (W) #816 ZIX 1W) lCard
, / LEGAL DEscRIPTT'N
'/
1//
UEINC e pOnnOlroFSEqlON 17, TOWNSHTP 48 SOUTH, RANGE 29 E'AST, COLLIER COllNTr,
FLoRIDA, BEING MORE PdRTICULARLY DESCRIBED AS FOLLOWS:.J\
COMMENCING AT THE SSIEHEAST CORNER OF THE SoUIHWEST % OF SESflON 17,
TOIY'.ISHIP 48 SOUTU,4ENCE 29 E,AST, COLLIER COI]NTY, FLORIDA; THENCE SOUTH
88'SS'34" WEST, ALONG THE SOUTU LINE OF THE SOUTHWEST % OF SAID SESI'ION 17, A
DISTANCE OF 939.19 FEET; IHENCE NORTH ofo4'26" WEST, A DISTANCE OF 35o.o1 FEEI TO
rgr potvt ornEcn',}ttlc oF fi{E pARcEL oF LAND HEREIN DESCRIBED, THE SAME BEING
e pollrr oN rur nouNDARy €rF THosE CERTAIN I-ANDS DESCNBED As 'EXHIBIT "A' - D.R.I.
\!'EST, T88.88 FEET;
NORTH oo"27'o4" WEST, 25.99
89032'56" EAST, A DISTANCE OF I
THENCE SOUTH EASTERLY, 443.
NORTH EASTERLY, HAVING A
24"2I,36.'AND BEING SU
FEET; THENCE SOUTH 34"
CURVATURE; TIIENCE
CUR\E, CONCAVE SO
CENTRAI ANGLE OF 13's4'o
27"44'53" EAST, 110.36 FEET
CONTAINING 9O9,765 SQUARE
SUBJECT TO EASEMENT, RES
BEARINGS ARE BASED ON THE SOUTH OF THE
ToWNSHIP 48 sOuTH, RANGE 29 EAST, COLIJER COUNTY,
88"ss'94" WEST.
4o4o, PAGE r7u Otr THE PT BLIC
RTJN THE FOLLOWING THRXE (3)
; COITRSE NO. 1: SOUTH 88"55'37"
" wIsT, 1,286.63 FEET; COITRSE NO. q:
G FROM SAID I,ANDS, NORTH
A NON.TANGENTI.AL CURVE;
CIRCTJLAR CURYE, CONCAVE
H A CENTRAL ANGLE OF
glrTH 22'31'06" EAST, 440.53rs FEEI TO A POINT OF
E ARC OF A CIRCUTAR
.oo FEET, TIIROUGH A
RD WHICH BEARS SOUTH
S OT RECORD.
% OF SESTION U,
AS BEING SOUT}I
,)
)t
COUPSES ALONG THE
20.89 ACRES,
@
Page 1304 of 5415
*i* oR 4760 PG 478 ***
Fotio #:2933400p41 AND 29334000029
Legal Dcs
Unit l, ofCreekside Flex I,
and conditions ofthe Decl
Pages 2598 et seq., as amended,
Folio #29331193104
Legal Descriptlon: Crcckside Comrnerse
Folio #29331 190741
Legal Description: Creckide Commerce
AND IO UNIT I, CREEKSIDE COMMERCE PARK WEST
g to the Declaration ofCondominium thereofas
4103, page 2598 of the Public Rccords of Collicr
EXHIBIT "B"
Legal Description
al Land Condominium, according to the terms
um thereofrecorded in O.R. Book 4103,
Records of Collier County, Florida.
7
4
Folio #29331193120 (
Legal Description: Creekside C.ommerce Park Wes, Unit Two, Io#
Folio #29331193081
Legal Description: Crcekside Commerce Park West, Unit Two, Lot 6
Folio #: 00168049000
,I
,/ l.
:l
Legal Descriptiont 27 48 25 COMM NW CNR SEC 27, S 125.02FT, N 44DEG E 34.99FT, S
89DEG E 573.45Fr, S 89DEG E 500.61 FT, S 89DEG E 7 68.26FT,S 02DEG E I Ol 7.96FT,
CONT S 02 DEG E 64.06FT 1o POB; SWLY 63 t.99FT, S 62.01FT, S73DEG E 658.13FT, nn
02DEG W 392.22 TO POB
Page 8 @
Unit 2. Creeksidc
Page 1305 of 5415