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Backup Documents 03/08/2016 Item #16F 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO illt . 6F 3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT 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. -Tkre_s_. \LL,Ov-\\L-/L Cs,--,-,- -0)--21c_c_)1- , _c.__\, uL, 3--K_ 3-I-I b 2. 3. County Attorney Office County Attorney OfficeK:b v��� 41,416.41,416.4. BCC Office Board of County tf Commissioners \r‘‘ 6*/ 3\‘4kCc, , 5. Minutes and Records Clerk of Court's Office (---N 311Sti � a- . PRIMARY CONTACT INFORMATION r� 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 Phone Number _ Contact/ Department °S �`S_ \)i i.iK --\\ c..—,c_._ Xrj;�.- 1-{(J'1 D ,;26.....c;2_ rz)v/ Agenda Date Item was Agenda Item Number Approved by the BCC .3\4i3\\L.y /6 -i 3 Type of Document Number of Original Attached 11(V1.C C'._�\,�U'N,i J Ci40 Documents Attached PO number or account number if document is 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? 4 �� - 3 - 2. Does the document need to be sent to another agency for additional signatur s? If yes, ✓ provide the Contact Tnformation(Name;Agency;Address;Phone)on an attached sheet. f .__. 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 .,..-TK. by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's j Office and all other parties except the BCC Chairman and the Clerk to the Board ,/ tl(� 5. The Chairman's signature line date has been entered as the date of BCC approval of the F- - 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 , signature and initials are required. �1I—' 7. In most cases(some contracts are an exception),the original document and this routing slip 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 on3/'/*and all changes made during the meeting have been incorporated in the attach ocument. The County Attorney's /4 ,, Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the , BCC, all changes directed by the BCC have been made,and the document is ready forthe Chairman's signature. `\ (� c; 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 16F 3 County Of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY CQ.URTHO\JSE a,. 3315'CAMIAMI TRL E STE 102 Dwight E. Brock-ClerksACircuit Court P.O. BOX 413044 NAPLES, FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor • Custodian of County Funds March 21, 2016 Arthrex, Inc. Attn: Andy Owens 1360 Creekside Blvd. Naples, Florida 34108-1945 Re: Capital Investment for Diversification Incentive Program (CID) Transmitted herewith is one (1) certified copy of the original agreement referenced of the above document for your records, as adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, March 8, 2016, during Regular Session. Very truly yours, DWIGHT E. BROCK, CLERK (Th4 Martha Vergara, Deputy ler Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com 16F 3 Prepared by: Jeffrey A.Klatzkow County Attorney 3299 Tamiami Trail East,Suite 800 Naples,FL 34112 CAPITAL INVESTMENT FOR DIVERSIFICATION INCENTIVE PROGRAM AGREEMENT This Agreement for Capital Investment For Diversification Incentive ("CID") Program (hereinafter referred to as "Agreement") is entered into this 8th day of March, 2016, 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 Arthrex, Inc. and Arthrex Manufacturing, Inc. (hereinafter jointly referred to as "Arthrex"). 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, Collier County created the Capital Investment For Diversification Incentive ("CID") Program on March 24, 2015, the objective of which is to advance Collier County's economy by encouraging development of facilities, space and suitable land for targeted businesses; and Page 1 16F 3 WHEREAS, Arthrex has proposed a project consisting of the planning, designing, g, development, construction and equipping of a 161,000 square foot addition to its manufacturing facility built on real property in Collier County, Florida, which is owned or controlled by Arthrex. The project's operation and directly related employment will be in support of and complimentary with a prior Collier County Job Creation Incentive Agreement with Arthrex for the existing operation at Ave Maria which consists of approximately 150 total jobs and over 198,000 square feet of high tech medical device manufacturing consistent with NAICS 339113; and WHEREAS, Arthrex estimates that this Project will require it to expend approximately $15 million in Capital Improvements with 350 new permanent jobs projected; and 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 WHEREAS, Collier County estimates that the Impact Fee Liability associated with the project is estimated at up to $572,969.80 and finds that this amount has been pre-paid; and WHEREAS, Collier County finds it is in the public interest to facilitate the growth of Arthrex's Targeted Industry Business expansion as defined in F.S. 288.106 in Collier County and provide support of Arthrex, with a grant in an amount equal to the value of the Impact Fee Liability as provided by the CID Program. 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 enroll Arthrex into the CIDS Program, a copy of which is attached and incorporated into this Agreement. Page 2 16F 3 3. Collier County agrees to assist Arthrex with this Project by reimbursing Arthrex the full amount of the Impact Fees incurred from this Project. Payment shall be in four equal annual installments, subject to annual appropriation, in accordance with the CIDS Program. 4. Any failure by Arthrex to meet the terms and conditions of the CID Program will be considered a substantial breach of this Agreement. Upon such breach,the County's repayment requirement will automatically terminate, and neither party shall have any further obligation to the other with respect to the matters set forth in this Agreement. 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 matters set forth herein and supersedes and takes the place of any and all previous representations, undertakings, and agreements between the parties relating to this transaction. This Agreement does not constitute a lien on the property, and cannot be assigned or transferred by Arthrex without the prior written consent from the County. 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. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLL COUNTY FLORIDA By: ItoBy. Attest as 0 . , ty3 M C airman Donna Fiala, signature •ni . District 1 Commissioner Approved ;sand legality: 1111 trii. Jeffrey A. • a •kow, County Attorney Page 3 16F 3 AS TO ARTHREX, INC.,ARTHREX ► FACTURING, INC., Signed, sealed and Delivered in the presence of: AtiAdA '►A,,tas, r.i , B _ AA Signa re . n Sc ie• ing, Secretary,Arthrex, nc. ,,/ -A and Regi.tere,t Agent, Arthrex Manufa ring, Inc. Printed Name Signature friecry Printed,51amr3 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me this 46+21 day of March, 2016, by John Schmieding, Secretary of Arthrex, Inc. and Registered Agent Arthrex Manufacturing, Inc., who is personally known to me or has produced as proof of identity. [NOTARIAL SEAL] n r Signature of rson T. !ing Acknowledgment ;. ►'. MARY GAY •' MY COMMISSION#EE841659 ' EXPIRES October 08.2016 (407)308.0153 Flpidallobr�rServ •�^ Page 4 16F 3 Attachment A CAPITAL INVESTMENT FOR DIVERSIFICATION INCENTIVE(CIDS) PROGRAM DESCRIPTION&OVERVIEW The Capital Investment for Diversification Incentive(CID)Program is a proposal to advance Collier County's economy by encouraging development of facilities,space and suitable land for targeted businesses thereby enhancing the competitiveness in our economic development efforts. The program will provide qualified applicants an inducement equivalent to the payment made for EMS,Government Building,Jail,Law Enforcement,and Road impact fees on business space for target industries in Collier County. Eligibility is limited to new buildings or grey shell space within an existing building,that has yet to be issued a final end user certificate of occupancy that is utilized for targeted businesses as identified in the State of Florida Qualified Target Industry List(Attachment B)). The objective of this program is to support a business.climate in Collier County by encouraging an adequate supply of suitable space and land that is competitively positioned to foster target businesses and the quality jobs they create. In the long term,the County's ability to attract desirable jobs will be reliant on the extent landowners and developers include suitable sites and space for clean industry, advanced manufacturing and large single tenant office users in their real estate portfolios. In sum, opportunities for diversified economic development could be limited without an adequate inventory of real estate options for targeted business. The CID program supports and encourages the capital investment to diversifying the economic base. Capital Investment for Diversification Incentive Program Collier County will offer qualifying applicant's eligibility to the CID Incentive as a inducement grant providing a benefit equivalent of up to 100%of the value of the EMS, Government Building,Jail,Law Enforcement,and Road impact fees actually assessed and remitted for business space directly housing the occupancy of a target industry business. The CID Incentive will provide four equal annual installments of the Grant amount 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 is paid,conditioned and contingent upon the operation of the facility as a Targeted Industry (defined as Attachment B)as evidenced by a certified County approved method or in substitution,an equivalent Targeted Industry Business operation acceptable to the County and the project remaining current on all local tax liabilities. Payments are contingent on employer offering and demonstrating the provision at least 50 percent of the employee's cost of health care coverage. Each CID Incentive Grant applicant/agreement will be approved by the BCC and funding will be subject to annual appropriations of the County. Further,the proposed program rules herein provides for a maximum amount of annual grant funding such that the estimated aggregate annual amount of CID program funding will not exceed $500,000 annually unless authorized by the BCC. Project eligibility for the CID Incentive Grant will be discrete and mutually exclusive of any other locally based Collier economic development financial incentives. The Grant will not be applicable within a geographic area utilizing Innovation Zone participation. CID Incentive Grants projects will be eligible for Collier's local match participation with the State's Qualified Target Industry Tax Refund Program(QTI). The CID Incentive Grant is only eligible for properties or facilities with an application submittal prior to issuance of the Certificate of Occupancy. General Program Requirements A project must result in sustained occupancy by a Targeted Industry Business and must agree to the Collier specific requirements as a condition for eligibility in Collier County's Capital Investment for Diversification Program Incentive. The BCC must approve all applicants; and administration of the Program will be conducted 16F 3 Attachment A by the County Manager or designated staff. Only official forms and procedures are deemed sufficient for application to this program. A summary of qualifications includes but is not limited to: • "Target industry business"means a corporate headquarters business or any business that is engaged in one of the target industries as identified in the State of Florida Qualified Target Industry List(Attachment B) • Impact Fees are prepaid,and grant is reimbursed over four equal annual installments,initial payment occurs one year from Certificate of Occupancy,and certification and payment cycles continuing annually until such time the Grant is complete or the project loses eligibility due to failure to comply with program requirements. Payments are contingent on employer offering and demonstrating the provision at least 50 percent of the employee's cost of health care coverage. • Project eligibility will be subject and conditioned on the County's annual appropriation limit of$500,000 for the CID Incentive Project total annual payments. • Project eligibility for simultaneous participation in the State QTI program is permitted,but prohibited in conjunction with other County local economic development incentive programs. • Applicant must notify Collier County of intent to apply to the County's Capital Investment for Diversification Incentive before Collier County approves the local match contribution to that project's State QTI application and in all cases the CIDS application must be approved by the BCC prior to issuance of the project's final end user certificate of occupancy. Program Name Capital Investment for Diversification Incentive Type Grant(Four Year Disbursement) Award Made to Whom Developers, Landlords or Business Owners Wage Requirement Wage is Not a Specific Requirement, Eligibility is Limited to Occupancy of a Targeted Industry as Defined by State of Florida, and New Capital Investment for Space to House that Targeted Industry. Targeted Industries are restricted to Quality Jobs with Commensurate Wages. Number of Jobs Required Number of Jobs is Not a Specific Requirement, Eligibility is Limited to Occupancy of a Targeted Industry as Defined by State of Florida, and Operations and Related Jobs are Required. Capital Investment Requirement New Capital Investment Scaled to Amount of Space to House a Targeted Industry. Expandable for Later Year Jobs Not Linked to Jobs but New Capital Investment Available to Existing Industry Yes, New Capital Investment for Targeted Industries is Required Available to New Industry Yes, New Capital Investment for Targeted Industries is Required. Available for Retention Yes, New Capital Investment for Targeted Industries is Required. 16F 3 Attachment A Amount of Award Benefit Equivalent of up to 100% of the Value of the EMS,Government Building,Jail, Law Enforcement, and Road Impact Fees Assessed &Remitted for Business Space Directly Related to the Occupancy of the Target Industry Business Payout Schedule Paid in Installments over Four(4)years Subject to Confirmation of Compliance, Beginning One Year After Certificate of Occupancy is Issued. Specified Use of Funds None Local Support Required Yes-100% paid by the County "But For" Incentive Yes, New Construction or Never Occupied Space,Yet to Receive an Final End User Certificate of Occupancy. Eligible Industries/Business Activities Industries defined as Qualified Targeted Industries by Enterprise Florida Inc. Ineligible Activity Any retail activities,elect. utility company,or phosphate or solid minerals severance, mining or processing operation. Distressed Area Exception N/A Contact Jace Kentner, Collier County Business& Economic Development Office(239)252-4040.