Backup Documents 02/24/2015 Item #11D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP—
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO —nil
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.
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. Jace Kentner Business and Economic JK b 372:201-5
Development �/ *ASV'S
2. County Attorney Office County Attorney's Office rlc:�
Y Ti 3A3\1 s
3. BCC Office Board of County
Commissioners
4. Minutes and Records Clerk of Court's Office •}A1 '
I
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Jace Kentner 1 S\1nth, *Eseg►`rszrve4v .^ ,+P Phone Number 252-4040
Contact/ Department
Agenda Date Item was 2.24.15 4...00°— Agenda Item Number 11.1 f/.
Approved by the BCC
Type of Document Agreement for Business Location Inducement Grant Number of Original 1
Attached Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable colum i •__ Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signa e? cam - 015,
2. Does the document need to be sent to another agency for a..' 'onal signatures? If yes, JK
provide the Contact Information(Name;Agency;Address;Phone s. . . •. • -et.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JK
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 l
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 JK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JK
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 2.24.15 and all changes made during the JK
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by t
BCC,all changes directed by the BCC have been made,and the document is ready tor the is
Chairman's signature.
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
11D
MEMORANDUM
Date: March 3, 2015
To: Jace Kentner
Office of Business & Economic Development
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Agreement for Business Location Inducement Grant
Attached, for your records is one (1) copy of the document referenced above,
(Agenda Item #11D) adopted by the Board of County Commissioners on
Tuesday, February 24, 2015.
The original is being held in the Minutes & Records Department in the
Board's Official Records.
If you should have any questions, please call 252-8411.
Thank you.
Attachment
1113
AGREEMENT FOR BUSINESS LOCATION INDUCEMENT GRANT
This Agreement for Business Location Inducement Grant (hereinafter referred to as
"Agreement") is entered into this 7 day of � '_ , 2015, 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 Position Logic, LLC. A Florida
Limited Liability Company (hereinafter jointly referred to as"Position Logic").
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, Position Logic has proposed expanding and relocating the company from
its current real property location at 4522 Executive Drive, Suite 201 in Naples, Florida to a larger
facility in a project to be comprised of the interior finish build out and equipping of
approximately 8,400 square feet of unfinished office shell space within an existing multi-tenant
building on real property located at 2343 Vanderbilt Beach Road Bldg. #6 in Naples, Collier
County, Florida, ("Project") from which the firm will operate its information technology and
computer related services company as defined by North American Industry Classification
System, 2012 (NAICS) Number 541519. The project's operation and directly related
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employment will be in support of the diversification of Collier County's economy and growth in
high technology jobs for Collier Citizens; and
WHEREAS, Position Logic has identified alternative sites available in other Florida
Counties at substantially lower cost and has made receipt of this Business Location Inducement
Grant a condition for further consideration of locating such expansion at a Collier County site.
WHEREAS, the Board expressly finds that the opening of this facility and development
of the project will result in substantial economic benefits to the County, including but not limited
to the creation of high wage jobs and a net increase to the County's tax base, and that such
economic benefits will continue to flow to the County as long as Position Logic remains open, as
measured by continued operation and annual payment of the Facility's local tax liabilities; and
WHEREAS, Collier County finds it is in the public interest to facilitate the growth of
Position Logic's Targeted Industry Business expansion as defined in F.S. 288.106 in Collier
County and provide support of Position Logic, with a grant to induce their business relocation
and expansion in Collier 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 hereby agrees to assist Position Logic with this Project by providing
Position Logic a Business Inducement Grant for this Project. Payment shall be in four equal
annual installments of$29,400.00 commencing with the first anniversary of the issuance of the
Certificate of Occupancy for the facility, and will continue each year thereafter until the full
grant amount of $117,600.00 is paid conditioned and contingent upon the operation of the
facility as a information technology and computer related services company specified by 2012
(NAICS) Number 541519 as evidenced by a certified County approved method or an equivalent
Targeted Industry Business operation acceptable to the County and remaining current on all local
tax liabilities.
3. This Agreement does not constitute a lien on the property, and cannot be assigned
or transferred by Position Logic without the prior written consent from the County.
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1 13
4. This Agreement will be in substantial breach upon the failure by Position Logic to
operate the expansion facility as an information technology and computer related services
company specified by 2012 (NAICS) Number 541519 or an equivalent Targeted Industry
Business operation acceptable to the County or pay its tax bill in full to the Tax Collector's
Office annually, on or before the date it is due. Upon such breach, the County's Business
Inducement Grant will automatically terminate, and neither party shall have any further
obligation to the other.
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.
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.
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.
Remainder of Page Intentionally Blank
Signature Page to Follow
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IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Attest: '•"E'",,-
DWIGHT
E' ,,-DWIGHT E. BROCk, Clerk BOARD OF COUNTY COMMISSIONERS
COLLIE TY, FLORIDA
;tel �
By ,� �'�'
.
@S a5 ftychakm. anputt' Clerk Tim Nance, Chairman 2.\-2.44 t t�
Sien?frlrn only
AS TO POSITION LOGIC, LLC, POSITION LOGIC MANUFACTURING, LLC,
Signed, sealed and
Delivered in the .resence of:
"A<:0011111&/'
)2)5
/10°'‘. `411Y-
SI ture = ix uberes 'xecutive Vice President
3 e Am S2-rano ositi•n :_Ic, LLC
Printed Name
Signature
'IQ)cc q
Printed Name
Print Name
STATE OF FLORIDA
COUNTY OF COLLIER
Re foregoing Agreement was acknowledged before me this 27 day of
, 2015, by Felix Lluberes, Executive Vice President of Position Logic, LLC and
Position Logic Manufacturing, LLC, who is personally known to me or has produced
.±T7 as proof of identity.
[NOTARIAL SEAL]
Signature of Person Taking Acknowledgment
Ai
a5'4v P.ef;�
ALICIA M.ALAVA
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r-. Notary Public-State of Florida "
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Depu y CClerk
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ApprovtFd af tgfoirir and legality:
Jeffrey atzko,
County tt ey
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