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Backup Documents 11/10/2025 Item #11E ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. Priscilla Doria Housing Policy & Economic PD 11/10/25 Development 3 County Attorney Office County Attorney Office (061 In , 13i -')/(C/ 4. BCC Office Board of County Commissioners iv qv 5. Minutes and Records Clerk of Court's Office ////f7015 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing inormation. 239-252-2413 Name of Primary Staff Priscilla Doria I Phone Number Contact/Department Agenda Date Item was November 10,2025 Agenda Item Number 11.E. Approved by the BCC Type of Document Economic Development Agreement_Bay Number of Original 1 Attached College of Osteopathic Medicine, LLC Documents Attached PO number or account Email Fully executed copy to: number if document is Priscilla.DoriaAcolliercountvfl.gov 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? 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 legal sufficiency. (All documents to be PD signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's PD 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 PD 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 PD 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 input into SIRE. 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 11/10/2025 and all changes made during pp N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made, and the document is ready for th 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,Revised 2.24.05;Revised 11/30/12 1 1 E ECONOMIC DEVELOPMENT AGREEMENT This Economic Development Agreement (hereinafter referred to as "Agreement") is entered into this 10 ' day of(,vend, 2025, 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 Bay College of Osteopathic Medicine,LLC,a Limited Liability Corporation (hereinafter referred to as "Bay College"),whose address is 5600 Mariner Street, Suite 227, Tampa Florida 33609. 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,Bay Cdlege is in the process of acquiring property to build a medical school j' within the Hacienda Lakes PUD (hereinafter the"Facility"); and. WHEREAS, Bay College anticipates this Facility will generate over 100 jobs; and [23-M0R-00383/1 8 1 1 433/1J Page 1 CA 0 Page 2116 of 6525 1 1 E WHEREAS, Bay College will offer at least 20 scholarships to Collier County residents on a needs basis; and WHEREAS, the Board expressly finds that the development and opening of this Facility will result in substantial economic benefits to the County, 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 related to the health industry with the goal of diversifying our employment and tax base to be more sustainable and resilient. Bay College has represented(1) that the Facility will require$170 million in capital commitments; (2)that they are partnered with a local healthcare system; (3) that they would construct the building to house the College of Medicine which would open for students by 2028.They anticipate that the first student class would be in clerkship at local healthcare facilities by 2030 and graduating in 2032. 3. The Board hereby agrees to assist Bay College with this Facility with a grant after the construction phase of the Facility totaling$6 million as follows: A. $1,000,000 paid to Bay College upon 1)completion of construction; 2)issuance of a final certificate of occupancy of the Facility; and 3) verification that the Facility is operational and licensed for its intended use as a medical school;and B. $500,000 payable on the first anniversary of the issuance of the final certificate of occupancy and annually thereafter for a total of ten years, 4. All payments are conditioned on the Facility remaining open, operational, being utilized for its intended use as a medical school, and remaining current on all local taxes, if any. Additionally, Bay College shall not convert, reorganize, or otherwise become a nonprofit or tax- exempt entity until it has paid at least $6,000,000 in ad valorem property taxes for the property 123•MGR-003 8 3/1 8 1 143 3/1] Page 2 Page 2117 ofi 525 1 1 E where the Facility is located, If Bay College seeks to convert to a nonprofit or tax-exempt entity before reaching the $6,000,000 property tax threshold, it must first repay to the County all funds previously disbursed under this Agreement. Failure to meet these conditions shall result in the suspension of future payments and may require repayment of any funds previously disbursed, 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: Bay College of Osteopathic Medicine,LLC Collier County Harmon Turner Building c/o Aureate Group LLC 5600 Mariner Street 3299 Tamiami Trail E., Suite 200 Suite 227 Tampa,FL 33609 Naples, Florida 34112 Attn: County Manager Attn: Chad Toujague ( 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, (23-MGR-00383/1811433/1j Ange 3 0 1 Page 2118 of 6525 1 1 E 7, 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. 8. 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. 9. Bay College 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 Bay College upon request. 10. 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 II [23-MGR-00383/I811433/1J Page 4 Page 211C4f'525 1 1 E IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. 9i).4 90 ATTE �\ P• .. 0� S, ' Crystal'K °%inzel,ct rk of Courts BOARD OF COUNTY COMMISSIONERS COLLIE OUNTY, FLORIDA B � ,� By: , "Or419/10°"" - ; Deputy Clerk urt L. Saunders, Chairman Attestas to airman's signature only Approved a OP•rm . legality: Jeffrey A. 7 kow, County At...,0. Niro j \ As to Bay College of steopathic Medicine, LLC, By: Signa e P1,1! /.(' Printed Name Title: • STATE OF FLORIDA COUNTY OF 4 VARoi- t A The foregoing Agreement was acknowledged before me by.r9eans ofphysical presence or o online notarization this y day of , 2025, by 'ZA-✓ (name),MA+ c te... (title) on behalf of Bay College of Osteopathic Medicine, LLC, who isa personally known to me or ❑ has produced as proof o identity. [NOTARIAL SEAL] Signature of Persong Acknowledgment .• — — 1 ;toter/Public State of Florida I A Chad 7quJague 1 tul6,9 MyNH 237068 Exp. 3/7/2026 '" • [23•MGR-00383/1811433/1J Page 5 0 Page 212d° f 6525 1 1 E DESCRIPTION OF FACILITY AND PARCEL FACILITY; A medical school of approximately 108,000 square feet initially located within the Hacienda Lakes PUD PARCEL: An approximate 5-acre lot at the Cadenza at Hacienda Lakes Tract A and Tract B as shown below Morerrr +iuwaat M'rn.,W.lutk HAteme•cot*GAD 4a'( 'tt 1., I * : » 9 > emei u. •' «tee wwr 4 E ocuu ttadosF <3' '� �' t �• 1+ 1.y+ ..--M9.H- ?f vl+ �,i t V1 1 J j ail I * 1 / A•� uun».a I M�Y� u•I MMH r i"..� *,�:.�`.f..}: rw ti,,•u ARa+mtcruw►s aIl'e ruw 123-MGR-0038311811433/11 Page 6