Agenda 10/14/2014 Item # 16F2 10/14/2014 16.F.2.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve, and authorize the
Chairman to sign an Assumption Agreement with 2050, LLC, replacing Training and
Manufacturing Institute, Inc., consistent with the provisions of the (former) Fee Payment
Assistance Program, which is Article II of Chapter 49 of the Collier County Code of Laws and
Ordinances and authorize the continuing use of the Florida National Guard for job verification
purposes, and authorizing the County Manager to rescind the Agreement if the contemplated
purchase of the property by 2050, LLC does not occur in a timely fashion.
OBJECTIVE: To assign an existing Fee Payment Assistance Agreement to the prospective purchaser
of the property.
CONSIDERATIONS: On February 7, 2006 the County entered into an agreement for Fee Payment
Assistance with TMI for the construction of a new multi-tenant commercial facility at 2050 Commerce
Avenue, at the Tradeport Technology Park in Immokalee, Florida. The owners of the property
conceived the idea to construct a building offering tenant space to "businesses and agencies that could
bring about a positive change and provide sustainable employment in Immokalee" and made an initial
private construction investment of over $2.8 million, with an additional $185,000 invested in interior
renovations and the installation of an Arms Vault for the Guard. The building received a Certificate of
Occupancy in April of 2007. The TMI building is 94% occupied as of September 2014, with tenants
including Collier Child Care Resources, Seminole Casino — Receiving and Special Events, The
Salvation Army and the Florida National Guard.
The requirement for the Fee Payment Assistance Program in Immokalee, where the project is located,
is to provide 5 jobs at 50% of the average wage. The 2006 average wage was $32,734; therefore, the
50% requirement equals $16,367. The Guard has been used in full or in part to meet the job
verification requirements in past years, since their location at the TMI building. Guard currently has 5
full-time Guardsmen located in Immokalee, with an average wage of$45,427, which is significantly
greater than the required average wage. The subject Guardsmen were hired/enlisted after the Board's
approval for Program participation. The Guard's current lease runs through September of 2017 with an
option to extend for 3 years. Additionally, the Guard is leasing space at the Immokalee Airport for a
future Readiness Center (subject to appropriation).
Due to the personal circumstances of the TMI partners, the building is being sold. The prospective
purchaser, 2050, LLC, has agreed to assume the Fee Payment Assistance Agreement and adhere to the
ongoing monitoring requirements. The term of the Agreement is 15 years from the date of the
Agreement, which was executed on February 7, 2006. Therefore, 7 years remain of the Agreement
term. As part of item, staff is recommending that the Board authorize the continued use of the Guard
for job verification purposes, as the Guard is an anchor tenant with a lease/lease extension that will
continue for nearly the full duration of the Agreement. This authorization gives the prospective
purchaser surety in the annual job verification process being assumed. However.. should the Guard no
longer maintain tenancy during the remaining Agreement term, the obligation to find qualified jobs for
annual verification purposes is the responsibility of 2050, LLC.
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10/14/2014 16.F.2.
FISCAL IMPACT: There is no fiscal impact related to the approval of the Assumption Agreement.
The original amount of impact fees paid on behalf of TMI totals $185,684.40. The company has been
in compliance with the Agreement for 8 years, with a calculated credit of$99,031.68, based on the 15
year term. Therefore, the remaining impact fee obligation totals $86,652.72. Job Verification will
continue through the original fee payment assistance terms of fifteen years with seven years remaining.
The Fee Payment Agreement is secured with a lien on the subject property for the amount of the
remaining impact fee obligation.
GROWTH MANAGEMENT IMPACT: This request is consistent with Objective 3 of the Economic
Element of the Collier County Growth Management Plan which states: "Collier County will support
programs which are designed to promote and encourage the recruitment of new industry as well as the
expansion and retention of existing industries in order to diversify the County's economic base."
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as
to form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: Recommendation that the Board of County Commissioners approve, and
authorize the Chairman to sign an Assumption Agreement with 2050, LLC, replacing Training and
Manufacturing Institute, Inc., consistent with the provisions of the (former) Fee Payment Assistance
Program, which is Article II of Chapter 49 of the Collier County Code of Laws and Ordinances and
authorize the continuing use of the Florida National Guard for job verification purposes, and
authorizing the County Manager to rescind the Agreement if the contemplated purchase of the property
by 2050, LLC does not occur in a timely fashion.
Prepared by: Amy Patterson, Impact Fee Manager, Office of Management and Budget
Attachments: 1) Proposed Assumption Agreement
2) Original Agreement
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10/14/2014 16.F.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.2.
Item Summary: Recommendation to approve, and authorize the Chairman to sign an
Assumption Agreement with 2050, LLC, replacing Training and Manufacturing Institute, Inc.,
consistent with the provisions of the (former) Fee Payment Assistance Program, which is Article
II of Chapter 49 of the Collier County Code of Laws and Ordinances and authorize the
continuing use of the Florida National Guard for job verification purposes, and authorizing the
County Manager to rescind the Agreement if the contemplated purchase of the property by
2050, LLC does not occur in a timely fashion.
Meeting Date: 10/14/2014
Prepared By
Name: PattersonAmy
Title: Manager-Impact Fees&EDC,Business Management&Budget Office
9/30/2014 10:02:13 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/6/2014 8:21:43 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 10/6/2014 10:01:05 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 10/6/2014 4:36:37 PM
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3783748 OR: 10/14/2014A16 F.2.
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
02/10/2006 at 01:31PK DUIGHT E. BROCK, CLERK
REC FEE 61.00
Prepared by: COPIES 7.00
Retn:
Jeffrey A.Klatzkow CDES IMPACT FEES
Ass'L Collier County Att'y. INTER OFFICE
3301 Tamiami Trail East
Naples,FL 341I2
AGREEMENT FOR FEE PAYMENT ASSISTANCE
PROGRAM
tin
This Agreement for Fee Payment Assistance for the payment of Impact Fees is entered into this of
day of
YV ►' ,2006 by and between Collier County, a political subdivision of the State of Florida,through its
Board of County ommissioners, hereinafter referred to as "COUNTY," and Training and Manufacturing Institute,
Inc,hereinafter referred to as "BUSINESS OVvNEI, c.a�le.i lyislated as the"Parties."
r ? RECITALS: t
WHEREAS, Collier County Oxdiltaiice No,,._2003-6J the C lh1°\County Fee Payment Assistance
/ / 1 �
Ordinance, as it may be further amended from At-to—time, codified as`,Section 49 of the Code of Laws and
Ordinances of Collier County Florida,perernatter collecttvell} referr d as 1"Fee\Payment Assistance Ordinance,"
provides for Fee Pa ( I
p Payment Assistant e-for»paxmept,of impact e to qualify ng businesses; and
WHEREAS, the BUSINE$S"OWNER has applied fot'Fee I1'ayrtaentt`Assistance as allowed by the Fee
Payment Assistance Ordinance, and a o y,of said application is ttn,flejn-the,4mpact Fee Administration office of
, N
the Financial Administration and Housing Department;and 'f,eF
WHEREAS, the County Manager, or`his eirgnee thas viewed the BUSINESS OWNER'S application
and has found that it complies with the requirements for fee assistance as outlined and set forth in the Fee Payment
Assistance Ordinance;and
WHEREAS, a Fee Payment Assistance Agreement must be presented in order for the requisite impact fees
to be paid by the allocated funds of the Fee Payment Assistance Program, subject to satisfaction of all criteria in the
Fee Payment Assistance Ordinance qualifying the project as eligible for fee payment assistance;and
WHEREAS, pursuant to Section 74-202 of the Impact Fee Ordinance,as codified in the County's Code of
Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Impact Fee Payment
Assistance agreements; and
WHEREAS, the Impact Fee Ordinance requires that the BUSINESS OWNER enter into an Agreement
with the COUNTY, and
WHEREAS, by signing this Agreement,the County Manager will approve impact fees payment assistance
for the BUSINESS OWNER in support of financial relief for eligible industry development,high wage employment
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• • 10/14/2014 16.F.2.
opportunities, lessening the seasonal economic cycle, and encouraging investment opportunities in the specified
areas.
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 covenant and agree
as follows:
RECITALS INCORPORATED. The foregoing Recitals are true and correct and are incorporated by reference
herein.
LEGAL DESCRIPTION,ADDRESS AND OWNERSHIP. The name of the BUSINESS OWNER(S),the address
of the subject property, hereafter the Property, and the legal description of same is attached as Exhibit "A", and is
incorporated by reference herein.
PAYMENT OF IMPACT FEES. As a prerequisite to the issuance of the Building Permit(s) for the Development
of the Property, a certified copy of this recorded Agreement must be presented to the COUNTY in order for the
allocated Fee Payment Assistance funds to act,a8 p t f'Oriactfees, which would otherwise be required to be
paid by the BUSINESS OWNER under cod�e"-'+ flaws Section 74=202/.pr
TERM. The term of this Agreement is fifteen(-14).-ears from the date of th recording of this Agreement and at
the conclusion of the term of the Agreement tyre relyn,the� ecti''roperty will be released,provided all terms and
conditions of the Agreement are satisfied'. r\V 1� S`},� "! `s
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REPRESENTATION AND WARRANOESe,B�Q$I tE$S WNE Z represents and warrants the following:
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The BUSINESS OWNER is ominer of record or the'au ittnriz d gent for the BUSINESS OWNER of
the project, and pursuant to the Im �e.Qrdinance_oaves impact fees in the total amount of$185,684.40
as set forth in attached Exhibit`B", MC'otorated 6,y rel^er rice;and
The BUSINESS OWNER has filed a program application which has been accepted by the COUNTY as
sufficient;and
The type of business proposed is classified under North American Industrial Classification System
(NAICS)Code 6244;and
A minimum of five new jobs will be created and retained as a result of the project; and
The newly created jobs pay an average wage equal to or greater than 50%of the County's current private-
sector average wage;and
The estimated total capital investment related to the project is$2,800,000.00;and
The date(month and year)when the project will be substantially complete is December of 2007;and
In return for the COUNTY paying 100% of the impact fees owed by BUSINESS OWNER by use of
specified Program funds, the BUSINESS OWNER further covenants and agrees to comply with the
provisions of this Agreement and the Fee Payment Assistance Program detailed in the Fee Payment
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OR; 3 10/14/2014 16.F.2.
Assistance Ordinance, during the term of this Agreement. Any change in the status of the occupancy,type
of business conducted, or compliance with the requirements of the Program, set forth in the Fee Payment
Assistance Ordinance and this Agreement, will be considered to be a breach of the Agreement and
therefore in default and immediately due and payable, including any applicable interest, in accordance with
the provisions set forth by Code of Laws Section 49-24 (b)(6)of the Fee Payment Assistance Program and
this Agreement.
SUBSEQUENT SALE OR TRANSFER. That the amount of the Impact Fees paid by the COUNTY under
the Program will become due and payable and shall be immediately re-paid to the COUNTY by the
BUSINESS OWNER if the property is sold or transferred without prior written approval from the
COUNTY at any time after the first certificate of occupancy has been issued for the Property and prior to
the 15-year term of the Agreement,and in the event the paid Impact Fee amounts must be re-paid in full to
the COUNTY. Any outstanding (i.e., as yet not repaid) Impact Fee amounts previously paid under this
Program that become due and payable must then be immediately repaid to the COUNTY and if not so
repaid,the outstanding obligation will,reni va 1 '-`ii the,Property under the terms of the Agreement.
LIEN. The payment of Impact,F' .y-the COUNTY via'the,ee Payment Assistance Program under this
ti
Agreement will constitute a.r(ie on the BUSINESS OWNER'SProperty, which lien may be foreclosed
,f ,r
upon in the name of the BySINESS'OWNER in..the evi t of non-compliance with the requirements of this
Agreement. The amount pecj this grteertt 7 ill-cori inue''sto serve as a lien against the Property
and neither the obligation for repayment o due hirtpa ees;=.nor the Agreement itself may be transferred,
assigned, credited, or other*ie tonveyed-try-the'BLI$INEss-tftWNkRi from the Property without prior
I
written approval from the QTY.
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SUBORDINATE. The County's interest may be subordinated`torall first mortgages or other co-equal
security interests, and will autoinaticall -subardin �to ate� 'the BUSINESS' previously recorded first
mortgage and/or any government funded-aff'Qr8abie.bty ness loan, such as the U.S. Small Business
Administration(SBA)or the U.S. Department of Agriculture(USDA)loan.
RELEASE OF LIEN. Upon satisfactory completion of all requirements of the Agreement, the COUNTY
may record any necessary documentation evidencing same, including, but not limited to, a release of lien.
The lien will not terminate except upon the recording of a release or satisfaction of lien in the public
records of Collier County. Such release will only be recorded upon payment in full or satisfaction under
the terms of this Agreement.
REMEDIES. In the event the BUSINESS OWNER is in default under this Agreement, and the default is
not cured within thirty (30) days after written notice is provided to the BUSINESS OWNER, the
COUNTY may bring a civil action to enforce the Agreement or declare that COUNTY'S payment of the
Impact Fees not yet recouped and previously paid under this Program are thence immediately due and
payable. The COUNTY will be entitled to recover all fees and costs, including attorney's fees and costs
incurred by the COUNTY in enforcing the Agreement,plus interest at the then maximum statutory rate for
final judgments,calculated on a calendar day basis until paid.
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10/14/2014 16.F.2.
RECORDING. This Agreement will be recorded in the Official Records of Collier County at no cost to
the County.
IN WITNESS WHEREOF,the Parties have executed this Agreement on the date and year first above written.
WITNESS: OWNER: Training and Manufacturing Institute,Inc.
Signed Signed
Son;ad acic e ckO-'r-Ff na ' �9 E . 8 v r c+ t c c
Print Name / / Print Name: Wien E∎Burdick,President and
`, _ ° ,r� Chief'Execittive Officer
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STATE OF FLORIDA)
COUNTY OF COLLIER)
oboe
The foregoing Agreement was acknowledged before me this a day of !1, ,2006,by
(4 t./edt C. /u r c r c.< . He/She/They is/are personal, known to or have produced
as proof of identity.
[NOTARIAL SEAL] I %
JONI E.BtLSON •ignature of Person Taking Acknowledgment
;. cow,*oo02e4113
y
Expires V2520os
Sa,ww.+u te0o$32-42S:
From.Nosy Amt.,Inc
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• 10/14/2014 16.F.2.
COLLIER COUNTY,FLORIDA
B `
JAMES V.MUDD,COUNTY MANAGER
STATE OF FLORIDA)
COUNTY OF COLLIER)
it '" `^....' \
The foregoing Agreement wastaacnpzvledged before me this r're—"daffy of \y rti.&�r- $006,by James V.\\/ "
Mudd,County Manager,on behalf df the'COUNTY.=.l3e'Is personally knowrito me.
i it77—\\J(Th 1) )\ NC:11/ \ \.
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[NOTARIAL SEAL] 1?' , Signature of Person„T..'''king Ackn wledgment
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('> FLORIS E.ROGERS `--, � .. _ t_` .:,\s''
44 j MY COMMISSION#DD427962 '''''"--4-1-1 ` C-'''''„'''.-.r'
'),IromotT EXPIRES:May 10,2009
I400.470TARY Fl.Natary Duonnt Asoc CO.
App s ved • to farm and Recommend Approval;
leg. .uff "ncd
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Jeffre!• . tzkow Denton Baker,Director
Assis t C 1 , ty Attorney Operations Support and Housing Department
Page 5
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OR: 3 10/14/2014 16.F.2.
EXHIBIT "A"
LEGAL DESCRIPTION
OWNERSHIP
ADDRESS
Training and Manufacturing Institute, Inc.
2050 Commerce Avenue, Immokalee Florida 34142
Lot 7, IMMOKALEE AGRICOM PARK PHASE ONE, in accordance with and subject to the
plat thereof, as recorded in Plat Book 17, Pages 55 through 57, inclusive, of the Public Records
of Collier County, Florida.
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OR. 3,.....• ..... o At
• 10/14/2014 16.F.2.
EXHIBIT "B"
IMPACT FEE-BREAKDOWN
z."-uc,,,,1,,..-,\2`L---:-.
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i i .., ------\ \
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Type of Impact Fee i i/ r'NJ( \,1\-\1) Amootint\Ovt;led
i
('..t 1 1
A. EMS Impact Fee I,r---,t,\., ,..,,,/.2\.,_,..„,..:_,, . t? $,, ,25.0-..00
Vr- \ .,........
1
B. Correctional Facilities;Jrnpact Fee -i- $I i WOO
C. Road Impact Fee $1,6`8-000.00
----‹ ''.'S:S/
--.........,...,---- „---,
D. General Government Builaingliipiact(FicL. II' 13,973.70
E. Law Enforcement Impact Fee $ 1,592.70
TOTAL IMPACT FEES $ 185,684.40
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10/14/2014 16.F.2.
ASSUMPTION AGREEMENT
This ASSUMPTION AGREEMENT is made and entered into as of
2014, by and between 2050, LLC, a Florida Limited Liability Company, and Collier County, a
political subdivision of the State of Florida (`County"), collectively stated as the "Parties."
WHEREAS, on February 7, 2006, the County entered into Agreement for Fee Payment
Assistance Program with Training and Manufacturing Institute, Inc., attached hereto as Exhibit
A, and hereinafter referred to as "Agreement"; and
WHEREAS, 2050, LLC hereby represents to the County that it is the successor in interest
to Training and Manufacturing Institute, Inc., in relation to the Agreement; and
WHEREAS, 2050, LLC represents to the County that it is eligible to remain in the Fee
Payment Assistance Program (Immokalee) pursuant to criteria set forth in Ordinance No. 2003-
61, as amended, which required the creation of a minimum of 5 new full-time jobs at an average
wage of at least 50% of Collier County's then current private sector average wage ($16,367); and
WHEREAS, the parties wish to formalize 2050, LLC's assumption of rights and
obligations under the Agreement effective as of the later of the date of closing on the subject
property by 2050, LLC on or about November 12, 2014.
NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which
are acknowledged by the parties, it is agreed as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference
herein.
2. Except as provided herein, 2050, LLC accepts and assumes all rights, duties,
benefits, and obligations the under the A`,r?ement, including but not limiter' to the lien recorded
on February 10. 2006, in the Official Records of Collier County, FL at OR Book: 3981 Page:
0102 and including all existing and future obligations to pay and perform under the Agreement.
3. Except as expressly stated, no further supplements to, or modifications of, the
Agreement are contemplated by the Parties.
4. The County hereby consents to 2050. LLC's assumption of the Agreement. No
waivers of performance or extensions of time to perform are granted or authorized. Except as
provided herein. all other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement effective as the later of the date of closing on the subject property by 2050, LLC can
or about or November 1 i 7'014.
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10/14/2014 16.F.2.
COLLIER COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk TOM HENNING, CHAIRMAN
2050, LLC
By: X.-camel."
ifeLgrireri 0-; GI 1 •
Pri1. 1 (11P1 Title—14fru'1;142_
Date:
STATE OF
COUNTY OF
2rd
The foreizoinc.i instrument was acknowl;dged before me this ,/ day of()C-11-0b0.—, 2014, by
ti d „1„--61.77as and on behalf of for 2050, LLC, a
Flork-gliimited Liability Company. Such personL-lis personally known to me or has produced
FiLOL as identification and Cirtc(did not take an oath.
5g2. NOTARY PUBLIC Victoria B. Taylor
(STAMP OR SEAL)
NOT,kRY 426.172-0
PUBLIC *
No 14-242 •
6>:•••• ' '''
•
Or • /0/2)//(1
D . Date: Pages
D
so'a\p„ B.
ikpprovc.'.d as to form and legality:
Notary Name: Victoria B.Taylor First Circuit ''''"
.0
NOTARY
Jeffrey A. Klatzkow, County Anorney Doc, Description 4 PUBLIC
341`.17/1/2-717
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,41-:(..7 re
N16-242
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Not4.-try Stgnature ‘‘'
'
Victoria B. Taylor
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