Agenda 09/11/2012 Item #16F109/11/2012 Item 16.17.10.
EXECUTIVE SUMMARY
Recommendation to approve an Amendment to the Job Creation Investment Program
Agreement between Collier County and Animal Specialty Hospital of Florida, LLC in
order to correct a scrivener's error.
OBJECTIVE: That the Board of County Commissioners (Board) approves an Amendment to
the Job Creation Investment Agreement between Collier County and Animal Specialty Hospital
of Florida, LLC, due to a scrivener's error in the dollar amount of the required average wage.
This correction does not affect the company's participation in the program; it simply corrects the
private sector average wage criteria listed in the Agreement. The company currently exceeds the
minimum requirements.
CONSIDERATIONS: On October 1, 2010, Animal Specialty Center of Florida LLC submitted
an application to be considered for the Job Creation Investment Program related to its
establishment of a new 24 -hour Animal Specialty Ho6tal. The Board approved the application
on October 26, 2010. The company proposed to c�eate 28 new qualifying jobs at 115% (or
greater) of the then - current Collier County private sector average wage of $45,178.00.
On January 24, 2012, upon completion of the first year job creation verification process, the
Board approved the Job Creation Investment Program Agreement for Animal Specialty Center of
Florida LLC. Subsequently, it was determined that the Agreement referenced an incorrect
average wage requirement of $44,527.00 instead of the correct amount, $45,178.00.
The correction of this scrivener's error will not affect the company as they remain qualified to
participate in the program. The company's current average wage of $49,648.00 exceeds the
(correct) average wage requirements.
The proposed corrections are as follows:
1. Third WHEREAS clause, page 1:
"WHEREAS, to be considered eligible for approval under this Program, a business or
project must meet certain stated criteria, including creating 10 new jobs at 115% (or
greater) of the then- current Collier County average wage ($44,527) ($45.178.00); in
Eastern Collier County; and"
2. Paragraph 4, page 2:
"Employer intends to create 28 new, qualifying jobs; 22 new jobs in FY 2011 (as verified
by staff), 3 new jobs in FY 2012, and 3 new jobs in FY 2013, at 115% (or greater) of the
then - current Collier County average wage ($44,527) ($45.178.00); in Eastern Collier
County.
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9/11/2012 Item 16.F.10.
FISCAL IMPACT: The fiscal impact of this item is the cost of recording the Amendment,
estimated at $40.00. Adequate funds exist within the budget for the Economic Incentives (Fund
001) for this request.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact related to
this request.
LEGAL CONSIDERATIONS: The County Attorney has reviewed this item which is legally
sufficient and requires a majority vote for approval. - JAK
RECOMMENDATION: That the Board of County Commissioners approves an Amendment
to the Job Creation Investment Agreement between Collier County and Animal Specialty
Hospital of Florida, LLC, in order to correct a scrivener's error in the dollar amount of the
required average wage.
Attachment:
Beth Sterchi, Collier Business & Economic Development Coordinator
Amy Patterson, Impact Fee and Economic Development Manager
Office of Management and Budget
1) Proposed Amendment to Agreement
2) Job Creation Investment Agreement
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9/11/2012 Item 16.F.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.10.
Item Summary: Recommendation to approve an Amendment to the Job Creation
Investment Program Agreement between Collier County and Animal Specialty Hospital of
Florida, LLC due to a scrivener's error.
Meeting Date: 9/11/2012
Prepared By
Name: PattersonAmy
Title: Manager - Impact Fees & EDC,Business Management &
8/20/2012 12:29:32 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 8/22/2012 9:15:26 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/22/2012 3:40:27 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/23/2012 11:08:24 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 8/23/2012 4:56:34 PM
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 8/31/2012 10:20:01 AM
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9/11/2012 Item 16.F.10.
AMENDMENT TO JOB CREATION INVESTMENT
PROGRAM AGREEMENT
THIS AMENDMENT is entered into this day of 2012, by and between Collier
County, a political subdivision of the State of Florida, through its Board of County
Commissioners, hereinafter referred to as "County," and Animal Specialty Center of Florida,
LLC, (a/k/a Animal Specialty Hospital of Florida, LLC) hereinafter referred to as "Employer,"
collectively stated as the "Parties."
RECITALS:
WHEREAS, Collier County Ordinance No. 2003 -60, the Collier County Job Creation
Investment Program Ordinance, as amended and codified in Chapter 49 of the Code of Laws and
Ordinances of Collier County, Florida, provides for Job Creation incentives to qualifying
businesses; and
WHEREAS, upon approval of the Employer's application for the Job Creation incentives,
the Parties entered into an Agreement for the Job Creation Investment Program, which is dated
January 24, 2012, and recorded in Official Records Book 4759, Pages 597 et seq., hereinafter
referred to as the "Agreement;" and
WHEREAS, the Parties wish to correct scrivener's errors identified in the Agreement
relating to the average wage criteria.
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:
herein.
1. The foregoing Recitals are true and correct and are incorporated by reference
2. The third WHEREAS clause of the Agreement is amended as follows:
"WHEREAS, to be considered eligible for approval under this Program, a
business or project must meet certain stated criteria, including creating 10 new
jobs at 115% (or greater) of the then- current Collier County average wage
( $45.178.00); in Eastern Collier County; and"
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9/11/2012 Item 165.10.
3. Paragraph 4 of the Agreement is amended as follows:
"Employer intends to create 28 new, qualifying jobs; 22 new jobs in
FY2011 (as verified by staff), 3 new jabs in FY 2012, and 3 new jobs in FY 2013,
at 115% (or greater) of the then- current Collier County average wage (08
$45,178.00); in Eastern Collier County."
4. Except as amended above, all other terms and conditions of the January 24, 2012
Agreement remain in full force and effect. This Amendment and its provisions merge any prior
agreements, if any, between the parties with respect to the matters set forth in this Amendment.
5. This Amendment shall be recorded in the Public Records of the County, at the
expense of the County, within sixty (60) days of its approval.
IN WITNESS WHEREOF, the Parties have executed this Amendment to Job Creation
Investment Program Agreement, on the date and year first above written.
Attest:
DWIGHT E. BROCK, Clerk
M.
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
�:
FRED W. COYLE, Chairman
Recommend Approval:
Amy Patterson, Impact Fee Manager
Impact Fee Administration
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AS TO EMPLOYER
Signed, sealed and
Delivered in the presence of:
Signature
Printed Name
Signature
Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
9/11/2012 Item 165.10.
By:
Eric Carnes, Hospital Administrator, and
Managing Member of FVNIC, LLC, the
Managing Member of Animal Specialty
Center of Florida, LLC, (a/k/a Animal
Specialty Hospital of Florida, LLC)
The foregoing Agreement was acknowledged before me this day of
, 2012, by Eric Carnes, individually and as Managing Member of FVNIC, LLC,
the Managing Member of Animal Specialty Center of Florida, LLC, (a/k/a Animal Specialty
Hospital of Florida, LLC) who is personally known to me or has produced
as proof of identity.
[NOTARIAL SEAL]
Signature of Person Taking Acknowledgment
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INSTR 4651753 OR 4759 PG 597 RECORDED 1/27/2012 2:30 PM PAGES 5
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $44.00 INDx $2.00
Prepared by:
Jeffrey A.[Gatzkow
County Attorney
3247 Tamtaml Trail East, Suite 800
Naples, FL 34112
This apace for recording
9/11/2012 Item 161.10.
JOB CREATION INVESTMENT PROGRAM AGREEMENT
This Job Creation Investment Program Agreement ( "Agreement ") is entered into this
r�y ' day of Jaw of , 2012, by and between Collier County, a political
subdivision of the State of Florida, through its Board of County Commissioners, hereinafter
referred to as "County," and Animal Specialty Center of Florida, LLC, (alk/a Animal Specialty
Hospital of Florida, LLC) hereinafter 4
WHEREAS, on N
enacted Collier County
Creation Investment
and Ordinances of Collier
WHEREAS, the
ALS: *
y Commissioners ( "Board ")
to as the Collier County Job
aster 49 of the Code of Laws
in of o ther the "Program;" and
that its s¢s ` o. (1) provide a performance
based program offering financia `ie ' for eligible targehjdustry development or expansion
projects in Collier County to mitigai y ,c St ees, along with escalating relocation
and expansion costs, associated with these prolec s; (2) provide for the economic well being of
Collier County residents by providing high -wage employment opportunities in Collier County; (3)
lessen the seasonal cycle of Collier County's economy; and (4) encourage investment opportunities
for new or existing businesses thus increasing and diversifying the County's tax base;" and
WHEREAS, to be considered eligible for approval under this Program, a business or
project must meet certain stated criteria, including creating 10 new jobs at 115% (or greater) of the
then - current Collier County average wage ($44,527.00); in Eastern Collier County; and
WHEREAS, Employer submitted an application to be considered for the Program for a
new, 24 -hour specialty referral & emergency animal hospital project, located at 10130 Market
Street, Naples, Florida, on a parcel whose legal description is attached as Exhibit A and is
incorporated by reference herein. A cop), of this application is on file in the Growth Management
Division, Impact Fee Administration Office. Employer is proposing to create 28 new, qualifying
jobs at 1 l 5% or greater average wage; and
Pon.. 1
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DR 4759 PG 598
9/11/2012 Item 16.F.10.
WHEREAS, the County Manager and staff have reviewed the application and, based on
the representations therein, found that it complied with the requirements for the Job Creation
Investment Program as set forth in the Ordinance; and
WHEREAS, at its October 26, 2010 regular public meeting the Board, having reviewed
the application as well as the findings of the County Manager and staff, and following public
comment on this matter (1) found that Employer meets the requirements for the Program as
outlined and set forth in the Ordinance, and (2) directed staff to prepare this Agreement for its
review.
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and suffici which is hereby mutually acknowledged, the
parties agree as follows:
1. The foregoing R are true and corm are incorporated by reference
herein. ���--- ---�rz
2. The Board he by th Collier County Job Creation
Investment Program under to an c ti s fo h el v assist Employer in creating
a 24 -hour specialty animal ho
3. In consideratio ` uch assistance, 1 re by accepts the benefits and
burdens set forth below and in i 2003 -60, as e . Should this Agreement conflict
with Ordinance No. 2003 -60, the parti >i of the Ordinance shall prevail,
4. Employer intends to create 28 new, qualifying jobs; 22 new jobs in FY 2011 (as
verified by staff), 3 new jobs in FY 2012, and 3 new jobs in FY 2013, at 115% (or greater) of the
then - current Collier County average wage ($44,527.00); in Eastern Collier County.
5. Employer is hereby awarded a grant in the sum of $56,000.00, representing
$2,000.00 per new full -time job created, to be paid in phased amounts over a three -year time
period as follows:
a. FY 2012 $14,666.00 First payment Phase 1— 22 jobs
FY 2013 $16,667.00 Second payment Phase 1— 22 jobs
First payment Phase 2 — 3 jobs
FY 2014 $18,667.00 Third payment Phase I — 22 jobs
Second payment Phase 2 — 3 jobs
First payment Phase 3 — 3 jobs
paao 7
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OR 4759 PG 599 9/11/2012 Item 165.10.
FY 2015 $4,000.00 Third payment Phase 2 — 3 jobs
Second payment Phase 3 — 3 jobs
FY 2016 $2,000.00 Third payment Phase 3 — 3 jobs
6. Should at any time over the term of this Agreement the number of qualifying jobs is
less then set forth in the payment schedule set forth above, for such payment period the County
Manager or his designee will authorize a lesser sum be paid based on the actual number, provided
that the actual number meets or exceeds the minimum number of qualifying jobs set forth in the
Ordinance. This diminution of grant funds shall be the County's sole remedy should Employer not
meet the scheduled job creation. Employer understands and agrees that there is no defined funding
source for this Project, and as such these to annual appropriation.
7. As a precondition to
its business records and busines4
be given 10 business days
8. Neither the
credited or otherwise
may be freely withheld.
w
9. The County shall r
costs of recording being paid by E*1
IN WITNESS WHEREOF, the
first above written.
as required to
Agreement i
the County reviewer full access to
created jobs. Employer shall
ay be transferred, assigned,
the County, which approval
Records of the County, with all
this Agreement on the date and year
Attest:
DWIGH:HROIC�,erk
BOARD OF COUNTY COMMISSIONERS
COLLOUNTY, FLORIDA
By:
iyty Clerk
FRED W. COYLE , Chairman
Approv as orm and
Re m end approval:
legal su is
Jeffrey A.
y�
Nick Casalanguida, Dep dministrator
County A o
ry
Growth Management Division — Planning and
Regulation
n_... z
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• OR 4759 PG 600
AS TO EMPLOYER
Signed, sealed and
Delivered in the presence of:
Signature
Print Name 1.
Signature
9/11/2012 Item 16.F.10.
By: t
Eric Carnes, Hospi inistrator, and
Managing Member of FVNIC, LLC, the
Managing Member of Animal Specialty
Center of Florida, LLC, (a/k/a Animal
Specialty Hospital of Florida, LLC)
Pr e Name �m tip' � �co'�
STATE OF FLORIDA
COUNTY OF COLLIER 0
n �
The foregoing Aar t was acknow ged b me this day of
2012, by E es, individually a g Member of FVNIC, LLC,
�t e Managirk Member of An ecialty Center LLC, (a/k/a Animal Specialty
Hospital of Florida, LLC) � s pers Il to me or has produced
T\ 6 - as a i
[NOTARIAL SEAL] `
(_/!� _
Si natur of Person
t�`�p` •.�ek{ SHARMSUE FWER
# ' ' „ MY CObMdISSION t EE 035411
EXPIRES: Odder 28, 2014
A... A
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*** OR 4759 PG 601 * **
EXHIBIT "A'
Legal Description
9/11/2012 Item 16.17.10.
Market Center
Lot 3, Less that portion for Right -of -Way as described in O.R. Book 4360 Page 2646
L
n--- c
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