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Agenda 11/10/2025 Item #16A 9 (The Chair to execute a Second Amendment to the Economic Development Agreement with PFPI OZ, LLC)11/10/2025 Item # 16.A.9 ID# 2025-4306 Executive Summary Recommendation to approve and authorize the Chair to execute a Second Amendment to the Economic Development Agreement with PFPI OZ, LLC (Pikus), to amend sewer and drainage verification provisions, and recognize the developer’s address change. OBJECTIVE: To attract and retain qualified targeted industry businesses, foster economic development, and encourage redevelopment and renewal of the commercial district along Golden Gate Parkway, pursuant to Ordinance No. 2018-56, as amended, the Golden Gate City Economic Development Ordinance. CONSIDERATIONS: Golden Gate Palmetto Lot 2 (PID 45999300067) was purchased by Pikus to construct its corporate headquarters in the Golden Gate City Economic Development Zone. The proposed project "CENTRO" will be Golden Gate City’s first Class-A, 2-story commercial, office headquarters, and restaurant project to utilize the Qualified Opportunity Fund, and is anticipated to generate 175 jobs. Construction is underway at the site, which currently employs 14 construction employees/contractors, some from the local area. On May 9, 2023, the Board approved an Economic Development Agreement (EDA) with Pikus for the proposed project ‘CENTRO” allowing for the reimbursement of up to $788,878.56 in actual expenditures for sanitary sewer, drainage, impact fees, and building permits for constructing a mixed-use development headquarters in the Golden Gate City Economic Development Zone (Agenda Item 11.C). On October 22, 2024 (agenda item 16.A.1), the Board amended the EDA to reallocate funding to better facilitate economic development in Golden Gate City, with the total amount authorized remaining unchanged. The understanding of the Agreement with Pikus was to reimburse them for the sewer and drainage, as those were satisfactorily installed. However, the language in the 1st amendment to the EDA, paragraphs 2.2a and 2.2b, requires that the sum for payment be verified as final in CityView. This CityView verification requires Utilities Final Acceptance and Final Site Acceptance, which are completed at or near the end of construction. County Staff conducts regular spot inspections of utilities and drainage as they are installed, and these inspections can serve as verification under this Agreement. It is therefore recommended in paragraph 2 of the proposed Second Amendment to the CENTRO EDA that paragraphs 2.2a and 2.2b of the Amendment be amended to delete the term ‘when verified as final by the County in the online CityView application’ and insert ‘when verified to be substantially complete by the County with a utility spot inspection’. This maintains the County’s oversight whilst not delaying payment to reimburse the developer for expenses already incurred, with the understanding that reimbursement will be made upon satisfactory installation. Also, during the construction phase, Pikus changed its office address, and paragraph 3 of the proposed Second Amendment to the EDA deletes the old address and inserts the new one. This item is consistent with the Collier County strategic plan objective to encourage diverse economic opportunities by fostering business-friendly environment. FISCAL IMPACT: No new funding will be allocated as a result of this amendment. Pikus will receive a reimbursement of up to $788,878.56, from Fund 1032 which would only be distributed upon the receipt of sufficiency, as identified in the Economic Development Agreement. GROWTH MANAGEMENT IMPACT: This request is consistent with Objective 3 of the Economic Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. - HFAC Page 2533 of 6525 11/10/2025 Item # 16.A.9 ID# 2025-4306 RECOMMENDATION(S): To approve a Second Amendment to the Economic Development Agreement with PFPI OZ, LLC (Pikus), amending sewer and drainage verification provisions, recognize the developer’s address change, approve any required Budget Amendments, and authorize the Chairman to execute the agreement. PREPARED BY: Cormac Giblin, Director, Housing Policy & Economic Development ATTACHMENTS: 1. second amendment to PFPI OZ LLC EDA sep 24 2025 notarized 2. EDA Agreement _ PFPI OZ, LLC (05_09_2023 Item #11C) 3. First Amendment to EDA _ PFPI OZ, LLC-Vendor Signed Page 2534 of 6525 Page 2535 of 6525 Page 2536 of 6525 Page 2537 of 6525 11c ECONOMIC DEVELOPMENT AGREEMENT PFPI OZ,LLC, This Economic Development Agreement (hereinafter referred to as "Agreement") is entered into this q day of May , 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 PFPI OZ, LLC, (hereinafter referred to as "Pikus"), whose address is 5290 Golden Gate Parkway, Suite 3,Naples FL, 34116 . 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, Pikus is constructing a Mixed Use Development Headquarters facility within the Founders Plaza Planned Use Development (PUD) in the Golden Gate City Economic Development Zone, "CENTRO"; and WHEREAS, Pikus has requested that it be reimbursed up to the sum of$788,878.56 for CENTRO's drainage and sanitary sewer infrastructure costs, and impact fees and building permits; and WHEREAS,Pikus 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 accelerating the provision of public infrastructure related to Page 1 Page 2538 of 6525 I i FYI health and safety and solidifying the workforce in critical industries that have ongoing shortages of skilled workforce. 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 sanitary sewer and drainage expenditures and impact fees and building permits incurred by Pikus in constructing this Mixed-Use Development Headquarters facility, the County will reimburse Pikus up to the sum of$788,878.56 relating to its actual costs incurred for sanitary sewer and drainage and impact fees and building permits as follows: a. Up to the sum of$146,412.85 for sewer installation when verified as final by the County in the online cityview application. b. Up to the sum of $165,710.92 for drainage when verified as final by the County in the online cityview application. c. Up to the sum of $476,754.79 for impact fees and building permit fees on receipt of the Certificate of Occupancy(CO). 3. Pikus will comply with all conditions in their Site Development Plan under PL 20220007082 4. This Agreement is personal to Pikus and cannot be assigned or transferred by Pikus without the prior written consent from the County. Legal Matters 5. 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 Pikus: Collier County PFPI OZ,LLC Page 2 Page 2539 of 6525 11C Attn: County Manager Attn: Matthew Pikus 3299 Tamiami Trail E, Suite 200 5290 Golden Gate Parkway, Suite 3 Naples,Florida 34112 Naples, Florida 34116 Phone: (239) 252-8383 Phone: (239)450-6324 Facsimile: (239)252-4010 Facsimile: n/a 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. 6. 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. 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 Pikus 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. Page 3 Page 2540 of 6525 1 1 C IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest:A., Crystal K. Kfrizel;•Clerk BOARD OF COUNTY COMMISSIONERS COLLIE Y,FLORIDA By: By: Attest as to Chain$'an e u Cle Rick LoCastro, Chair ea.._, signature oniy:, , II App • irm and legality: 1 Lk Jeffrey A!1: i.ko, County Attorney As to PFP ' LLC By: i 2/ S i/gna,Iu re P 644.I - J 0I)06 Printed Name anaj[ Title STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me by means of physical presence or_ online notarization, this ` M' j t day of Art, ) , 2023, by c- (4.-i PM as rA a,A u q R(for PFPI OZ,LLC name) title) pY IA 1lF$ s oOss av V Personally known to me OR x ;,, 's *.. Has produced as identification s* • sis134 ' T. x. o 4 ubl1G Undoy C3-4% Notary name: W c N). '.. 3 Page 4 Page 2541 of 6525 FIRST AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT PFPI OZ,LLC This First Amendment to Economic Development Agreement (hereinafter referred to as "Amended Agreement") is entered into this 8th day of October 2024, 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"), whose address is c/o County Attomey's Office,3299 Tamiami Trail East, Suite 800, Naples, FL 34112, and PFPI OZ, LLC, (hereinafter referred to as "Pikus"), whose address is 5290 Golden Gate Parkway, Suite 3, Naples, FL 34116. WITNESSETH: WHEREAS, the County and Pikus entered into an Economic Development Agreement related to reimbursement of up to $788,878.56 in actual expenditures for sanitary sewer, drainage, impact fees, and building permits for constructing a Mixed-Use Development Headquarters Facility ("CENTRO") in the Golden Gate City Economic Development Zone (Agenda Item No. 11.C., Doc#25261) dated May 9,2023 (the "Agreement"), which is incorporated by reference and made apart hereof to this Amendment; and WHEREAS, the Agreement allocates specific sums of money to (1) sewer installation, (2) drainage, and (3) impact fees and building permit fees; and WHEREAS, the Parties both desire and agree that the Agreement should be amended to reallocate $250,000.00 from impact fees and building permit fees to sewer installation and drainage as partial reimbursement for increases to Pikus' CENTRO capital investment costs. 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. Paragraph 2 of the Agreement shall be amended as follows: 2. As consideration for all of the sanitary sewer and drainage expenditures and impact fees and building permits incurred by Pikus in constructing this Mixed-Use Development Headquarters facility, the County will reimburse Pikus up to the sum of $788,878.56 relating to its actual costs incurred for sanitary sewer and drainage and impact fees and building permits as follows: [24-TRN-00 3 s2 I t 88820 s I t] Page 1 of2 Words stieken are deletions; words underlined are additions. cAoPage 2542 of 6525 a. Up to the sum of @ for sewer installation when verified as final by the County in &e online CityView application. b. Up to the sum of ${6$#l&42 $28Q.710.92 for drainage when verified as final by the County in the online CityView application. c. Up to the sum of ${76;751,79 $22f.754.79 for impact fees and building permit fees on receipt of the Certificate of Occupancy (CO). 3. All other terms and conditions of the Agreement, except as modified herein, shall remain the same. IN WITNtrSS WHEREOF, the Parties have executed this Agreement on the date and year first above written. AS TO PIKUS: PFPI }t€Asn srATE or.g+,ept& 6 uu/nA COUNI'Y OF GgttIER-- (* A/,ltzza 0e*'\'*ei The foregoing Amended Agreement presence this I I day of September 2024,by personally known to me. rvas acknorvledged before me by means of physical N{atthew Pikus as Manager of PFPI OZ,LLC, who is ffi ffffi#ffi\SffiZ COi,lMlSStOr{ NO. t045(56 r.Y @ilMS$O,I EXPIRES FEBRTIARY N,M By: ASTO COUNTY: Attest: Crystal K. Kinzel, Clerk , Deputy Clerk Approvcd as to tbrm and legality: Derek D. Perry Assistant County Attorney [24-TRN-003 52l I 888205/ I ] Page 2 of2 Lu6r4 ,tr*a*--Cre Notary Printed Name BOARD OF COUNTY COMMISSIONERS COLLIER COLINTY, FLORIDA By: Chris Hall, Chairman Words s*ieken are deletions; words underlined are additions. 0t .\*$ N\' Matthew Pikus. Manager Notary Signature Q6Page 2543 of 6525