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Backup Documents 02/13/2018 Item #16F7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 b F 7 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 ) (List in routing order) Office Initials Date 1. -----, 7-7) 2. 3. County Attorney Office County Attorney Office 1_03 4. BCC Office Board of County A5 Commissioners 3t- / 5. Minutes and Records Clerk of Court's Office 7111 z 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 ',, -, Phone Number c 1 Contact/ Department �1'�C9-- �� 9--& t`�` 1— O4) Agenda Date Item was — t ? , Agenda Item Number Approved by the BCC Type of Document Number of Original Attached � ,e_Q A`kDocuments 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, •' i& r is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? I r/GK 2. Does the document need to be sent to another agency for addi onal signature . If yes, provide the Contact Information(Name;Agency;Address;Ph 6'e on .• .'ached sheet. 0-6 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 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 (,>, document or the final negotiated contract date whichever is applicable. l�`' 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 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 04"1ti and all changes made during the 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 the BCC,all changes directed by the BCC have been made,and the document is ready for th 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 16F 7 MEMORANDUM Date: February 27, 2018 To: Jace Kentner, Director Office of Business & Economic Development From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Capital Investment for Diversification Incentive Program Agreement Contractor: First Bank Attached, is a copy of the document referenced above, (Agenda Item #16F7) adopted by the Board of County Commissioners on Tuesday, February 13, 2018. The Minutes and Records Department has the original and will be kept as part of the Board's Official Records. If you should have any questions, please call 252-7240. Thank you. Attachment 16F 7 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/3M day of February 2018, 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 First Bank. 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, Section 125.045, Florida Statutes, 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 Program (CID Program), attached hereto as Exhibit "A," 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 WHEREAS, First Bank is a financial institution which is a qualified target industry for incentives as defined by the CID program; and [17-EDC-00056/1379767/1]Capital Investment for Diversification Incentive Program Agreement 2018- First Bank Page 1 16F 7 WHEREAS, First Bank has proposed a project consisting of the planning, designing, development, construction and equipping of a 7074-square foot facility built on real property located at 330 15th St. N., Immokalee, FL 33440 in Collier County, Florida("Project"), which is owned or controlled by First Bank; and WHEREAS, First Bank estimates that this Project will require it to expend approximately$1.7 million in Capital Improvements with 6 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 jobs within the Promise Zone and a net increase to the County's tax base; and WHEREAS, First Bank is the only bank approved to offer USDA loans in Collier County and will offer USDA loans to Collier County residents; and WHEREAS, Collier County estimates that the EMS, Government Building, Jail, Law Enforcement, and Road Impact Fee Liability associated with the project is estimated at up to $151,799.95 and finds that $46,152.80 has been pre-paid and the remaining $105,647.15 will be paid prior to the first payment; and WHEREAS, Collier County finds it is in the public interest to facilitate the growth of First Bank's Targeted Industry Business expansion as defined in Section 288.106, Florida Statutes, in Collier County and provide support of First Bank, 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. County hereby agrees to enroll First Bank into the CID Program. 3. County agrees to assist First Bank with this Project by reimbursing First Bank the full amount of the EMS, Government Building, Jail, Law Enforcement, and Road Impact Fees [17-EDC-00056/1379767/1}Capital Investment for Diversification Incentive Program Agreement 2018- First Bank g Page 2 16F ? incurred from this Project. Payment shall be in four equal annual installments, subject to annual appropriation, in accordance with this Agreement and the CID Program. 4. First Bank agrees to all terms and conditions contained in this Agreement and in the CID Program. Any failure by First Bank to meet the terms and conditions will be considered a substantial breach of this Agreement. Upon such breach, the County's repayment requirement will automatically terminate. Further, any impact fees paid by the County will be considered in default and immediately due and payable by First Bank to the County. 5. The terms and conditions of the CID Program Description and Overview and this Agreement will be used to validate each installment payment made by Collier County to First Bank. Such documents that are required for each installment payment include the following: a. Print out of the "E-bill Information" or its equivalent from the Collier County Tax Collector website (www.colliertax.com)which identifies payment of Ad Valorem and Personal Property taxes. b. Memo from the Office of Business and Economic Development, or its successor as designated by the County Manager, which makes the determination that the facility is a Targeted Industry. c. Sworn attestation that First Bank pays at least 50 percent of each employee's cost of health care coverage, if elected by the employee. Levi'Matters 6. 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. 7. 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 First Bank 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. [17-EDC-00056/1379767/1]Capital Investment for Diversification Incentive Program Agreement 2018- First Bank C414a Page 3 F IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest; DWIGHT E. BROCK; clerk BOARD • CO • TY CO► ��'/'•NERS COLLI'' C• % •, e•TO . B ' 1l'1' `is'ai% Y� _ , By: Attest as to chairman's, Depu C1 ANDY SOLIS, Chairman gg! nature nl Approved as fo form and legality: O Je er A. Belpedi Assistant County Attorney � i AS TO FIRST BANK r� Signed, sealed and Delivered inrthe- resence of: lr ( 4 411 By: Si,. :ture Carey Soud,President& CEO, First Bank P • ed Name � Si ture Tof,e- lir ssK cc inted Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me this / L day of b���r� , 2018, by Care Soud, President and CEO of First Bank, who is personally U known to me or has produced e rSo is/ly /(v�• as proof of identity. � /� — ATLITA3L?LA Sliradiq_ �` V�✓ c l 1 ..•a;;' """ SHARI L.MASSUCCO / Signature of Person Takin: Acknowledgment ( ; Notary Public-State of Florida '' ,� .: I =; s�l i v� Commission if GG 138525 4 ......... My Comm.Expires Aug 28,2021 [17-EDC-00056/1379767/1]Capital Investment for Diversification Incentive Program Agreement 2018- First Bank ‘;111? Page 4 16F 7 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 7 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 7 Attachment A . : o . �� e : Yl e'' Benefit Equivalent of up to 100/0 of the Value of the �� '10 �' °� <� � „,,,fir,„7" EMS, Government Building, uildin Jail Law Enforcement ''''''''r''''' '''''''''°' ' �� a � � � �Dt�� - and Road Impact Fees Assessed & Remitted for Ir.' r Business Space Directly Related to the Occupancy of ... -(--A----- � � the Target Industry Business J r Paid in Installments over Four(4)years Subject to Confirmation of Compliance, Beginning One Year After Certificate of Occupancy is Issued. tf ' ' .--NA', 'p J; None �� �� " Yes-100% paid by the County c'' j x` � , �a� � �� lo„,'� „,: � � �' �' ti� :7:7 ,dib' �,� :ig,,,F, , ,.. .4 Yes, New Construction or Never Occupied Space, Yet - to Receive an Final End User Certificate of Occupancy. °° ` e te. Industries defined as Qualified Targeted Industries by ifir7 MA � ��� m �� Enterprise Florida Inc. Any retail activities, elect. utility company, or E:::,- ��' 1� : „-- ,"� ���`�W ����°' phosphate or solid minerals severance, mining or �4,: -' processing operation. �Il�r& 4 Hirr.G it .--,, L � N p pail�` ���P�� � '� Jace Kentner,Collier County Business 8� Economic �' '. ....... : :, Development Office(239)252-4040.