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Agenda 10/12/2010 Item #16A 7 Aoenda !tern [\]0. 1f3A7 - October 12, 2010 Pa~e 1 of 15 EXECUTIVE SUMMARY Recommendation to terminatc the Fee Paymcnt Assistance Agrcement between Collier County and Arthrex Manufacturing, Inc., at the company's request; additionally, authorizc the reimburscment $47,444 of Gcncral Govcrnmcnt Buildings Impact Fees (Fund 390) and $11,510.28 of Law Enforcement Impact Fces (Fund 385) paid by the property owner related to the building permit which has subsequently expircd and approve a budgct amendment to transfer the $1,054,449.65, paid on bchalf of Arthrex Manufacturing, Inc" from Fund 339 (Road Impact Fee - District 5) to Fund 001, which was the original funding source for the payment, and upon complction of the transfer, cxecute a satisfaction of lien for the subject property. OBJECTIVE: Recommendation to teI1TIinate the Fee Paymcnt Assistance Agreement between Collier County and AI1hrex Manufacturing, ]nc.. at the company's request; additionally, authorize the reimbursement $47.444 of General Governmcnt Buildings Impact Fees (Fund 390) and $1 ],5]0.28 of Law Enfurcement Impact Fees (Fund 385) paid by the property owner related to the building permit which has subsequcntly expired and approve a budget amendment to transfer the $],054,449.65. paid on behalf of Arthrex Manufacturing, ]nc,. from Fund 339 (Road Impact Fee - District 5) to Fund 001, which was the original funding source for the payment. and upon completion of the transfer, execute a satisfaction of lien for thc subject property. r.-~' CONSIDERATIONS: On July 22. 2008 (Item 16AI). the Board of County Commissioners (Board) approved a Fee Payment Assistance Agreement with Arthrex Manufacturing, Inc. (Arthrex) (attached) related to the construction of a 242,000-square foot manufacturing facility in Ave Maria Phase Two. Through this project. the company proposed to create 100 new full-time jobs at an average wage of not less than $44.517,65. to be in placc by September 30. 2010. By way of previous direction and through this Agreement the Board provided the remaining Economic Incentive funding for FY 2008 to Arthrex, in the amount of $1.054,449,65 for payment of impact fees related to the proposed project. Additionally. a lien was placed on the subject property. in the amount ofthc inccntive funds providcd. to sccure the County's interest. A letter was scnt to Arthrex on August 31. 2010, from David Jackson. Executive Director - Business and Economic Development. outlining the ternlS and requirements of the Fee Payment Assistance Agreement and requesting that Arthrcx contact the County to discuss the status of the project and its intentions related to the Program, On September 8. 20 I 0, after discussing the matter with County staff, Arthrex eonflmled that the Fee Payment Assistance Agreement should be temlinated as the project at Ave Maria is not moving forward at this time. FISCAL IMPACT: The following is the amount that will be returned to the General Fund. by way of a Budget Amendment: Road Impact Fee District 5 (Fund 339): $1.054,449.65 ,_. Upon completion of the transfer. the Certiticate of Adequate Public Facilities that was issued with the payment of the upffont Transportation Impact Fees will he administratively cancelled J\qenja item No. 16,b.1 ~ Oc:toher '12. 2010 r, 0' ~ r .:.. ~;, i:J and the Site Development Plan will be rcturned to "Pre-Approval" status until such time that the applicant ejects to move forward with the projcct and pays the required impact fees or thc project is cancelled/expires. Additionally, the following amounts will be reimburscd to Arthrex for impact fccs that were paid by the company related to the subject construction: Gcneral Government Buildings (Fund 3(0): Law Enforccmcnt (Fund 3g5): $ 47,444.00 $ 11.510.28 GROWTH MANAGEMENT IMPACT: Impact Fccs generate funds to be expended for capital improvements to public facilities necessitated by growth which is consistent with Policy 2 of the Capital Improvement Element (CIE) of the Collicr County Growth Management Plan (GMP), which states: "Future development v. 'ill hear a proportionate cost of faeility improvements necessitated hy growth." Additionally, Objective 3 of the Economic Element of the Collier County Growth Management Plan which states: "Collicr County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and rctention of existing industries in order to diversify the County's economic base," The proposed transfer of funds back to the Gcneral Fund may adversely affect Transportation capital project funding: however in this case, development of the subjcct sitc is not proceeding at this time; therefi)re, paymcnt of impact fces is not required. Upon termination ofthe Agreement, the impact fees previously paid under the Fee Payment Assistancc Agrcement will be returned to the original funding source, Impact fccs paid by the property owner will be reimbursed to the owner (Arthrex). In the future, when the subject property is developed, the then current impact fees will be required to be paid, LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. - JAK RECOMMENDATION: That the Board of County Commissioncrs teI1TIinates the Fee Payment Assistance Agreement between Collier County and Arthrcx Manufacturing, 1nc., at the company's request; authorizes the reimbursement $47,444 of General Government Buildings Impact Fees (Fund 3(0) and $11,510.28 of Law Enforcement Impact Fees (Fund 385) paid by the property owner related to the building pennit which has subsequently expircd; authorizes any budget amendments that may be required to process the reimbursements, and approves a budget amendment to transfer the $1,054,449,65, paid on behalf of Arthrex Manufacturing, 1nc.. from Fund 339 (Road Impact Fee - District 5) to Fund 001. which was the original funding source for the payment, and upon completion of the transfer, authorizes a satisfaction of lien ti,r the subject property, Prepared by: Amy Patterson, Impact Fee and Economic Developmcnt Manager Growth Management Division - Planning and Regulation Attachments: 1) Fee Payment Assistance Agreement: 2) Correspondcnce to Arthrex from Collier County: 3) E-mail horn Arthrex to Collier County; 4) Proposed Satisfaction of Lien Item Number: Item Summary: Meeting Date: Anenda item 1\10. 16A? - CJ::::tober122010 Ps';.w 3 of 15 COLLIER COUNTY 90A;:;D OF COUNn' C:DMM~SS!ON::RS 16/0.,( Re:::CJmmendation lO terminate the Fee Payn:8ilt Assist nee Agreement between Coliier County Elnci A:inrey f'j:.:;mufc:c\ur:I)~; Inc.. at th'2' companvs request: additionally, 8uthon::s the rSlmllursement S<i7A44 of CJenerfJI Government EUlldings Impact Fees (Funcl 390) and $11,510.28 of Law enfarcement Impact Fees Wund 385) paid by the property owner reiated TO tfle building permIt which has subsequently expired and approve a budget amendment to transfer thE; $1.054A49 035, paid on behalf of ,6,rtnrex rllanufacturing, Inc, from Fund 339 (Road Impact F'28 District 5) to General Fund 001 WlllCh was the ol'iginal fundin~; source for the payment, and upon comoletion of the transfer execute a sat!sfactlon of lien tor the subject property. 10112/20109:0000 AM Prepared By Amy Patterson Community Development & Environmenta! Services Manager - ~mpact Fees G, EDe Date Business Management &. Budge: Office- 10!1f2010 S:2e:06 AM Approved By Judy Puig Community Deveiopment & Environmental Services Operations Anaiyst Date Communi!;' Devfllopment [> Environmental Servi::es 10i1!2010 10:15 AM Approved By Lisa layior Transportation Jlvision Managementf5udge: f,.naiyst Date Transportation j.\amlnis~ration 10,'1:2(11[; '10:% MJI Approved By Jeff f';izt::kow Coumy l.ttarnc: D2t0 Approved By ~C,'1i1']~C 1:2t' ::>!V: D~,\'iC: Jzckson :::xe::.:tive :::Iiresw: :Rt< ~...Ii:l~ Approved By ';0'1:2::':"10 ~'.n pr,,'! hL:~k :'usatangliidc, :ransportation Division Di,c;,te,,.. -~anr,;)Or,:"tiD " P;imnirg Dare TrapsrJO:'t3tion Pi2.nning 10'1!2010 3:4:; PM Approved By OMS Caordlnaio: (;OW1ty Ma'lage" s Offi::;e L2te Ofike of l\!:aj13{';?men~ 8 5uci~fet -;']/":,'2C'10 1D:O::: Ar';: Approved By !t:;::;:n !\J() SL..: :)::;:8h2, i 2, 2C '1 Ci ~1 of ; 5 Susan L!sner rl'ii;nage:ncn1JSu:Jget A'l2lvst Senior [;o,tL :)fi:C8 G':' ~J'j8"'3;1S'r~-!em [, Dffic,' '_';: ;.Jo;; ;;'::<Si'TIf'lY :C!S; ~C:5,:2::1C -:2:06 Pf~: Bud;wt Approved By .::;..!:", "~?~i ' :.';0::. County ri;anagers :)ffi::;e 2(HJIH}'til,2::,2.;'-;r:c CJfflce 1[!-':::.':!C:1Ci 12:19 PM Prepared b;.-: 4194162 0R1gE4a~I~~R~s ;~,~J4 momD In omCIAL RECORDsco'fOqeg.J,!RSC!JDI~~. !L 07/1812008 at 01:14PI OWIGHT B. BRact, CLBRI REel!! cams 51.50 6.00 JefTrr)" A. K1atzkow County Attorney 3301 Tamiami Trail East Naples. fl 34112 Retn: CLERK TO THE BOARD Q~BROmCB 41H !LOOR tf.f' tFf6e Tor rec:ording AGREEMENT FOR FEE PAYMENT ASSISTANCE PROGRAM This Agreement for Fee Payment Assistance for the payment of Impact Fees is entered into this ;;l.::l ,,0 day of S v.. \ i ' 2008, 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 Arthrex Manufacturing, Inc., hereinafter referred to as "Property Owner," collectively stated as the "Parties." ,RECITAL--5;.. ,,/ ..,' \A't, ' f i' ~ ~'-"-...- /~/<i,\,"~":~::':'--:::::::""~_/'\_ ":-"'" WHEREAS, Collier Count\i':\<:)niinance No. 20<1;3"'6~_,~he Collier County Fee Payment / 1....' ,,/ ',:' '\ Assistance Ordinance, as amended/and-as.~t may be further amended from time to time, codified ;' ./ "1:-::_= ,------..-.J"..\ \ \ in Chapter 49 of the Cod~ ofiL~~, ~~~Q~a~c~s, o~ c:~I,lieiCounty Florida, hereinafter ! i l ( "',/ / \ ", : "'1\ '; \ " i/ I, ; referred to as the "Ordinance," ~Tovides fqr r=e~ fa~en~.fss'ist~nc~ for payment of impact fees '" i:\ \. /:\ \. ;I ) I Ii' '1 I ! '-, \ to quahfV1ng bUSInesses' and ',-::::;/'..c:::.--- "'-P "'--" ..J~ I, .-' ; "-"'<_" "i1.)/;, i.,:' .....,,/ WHEREAS, the Ordi\1aIlce provides thaC"i(s .pu1Jloses "are to: (1) provide a , " ' " " , "",. . ,""""" " " -- , " performance-based progIam offeiing;"financial relief fo~ eligilile targeted industry development ,.^"",(" ':":","'" - ,,' "'"~-:'~"";" -- \ ",/ or expansion projects in Collier County" tb:'ni]ffgate:,tb~effects of rising impact fee rates; (2) ,.,...,....1,--:" "~", ~...:"..,.~. provide for the economic well being of CoiIiei- 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 companies thus increasing and diversifying the County's tax base;" and WHEREAS, the Property Owner submitted an application to be considered for the Fee Payment Assistance Progr= for a project involving the construction of a 200,000 square-foot manu facturing facility, A copy of this application is on file in the Community Development and Environmental Services Division, Business Management and Budget Office; and WHEREAS, the County Manager, or his designee, reviewed the application and, based on the representations therein, found that it complied with the requirements for fee assistance as set forth in the Ordinance, Page 1 OR' t;,~I1'l~;r,m"i ';1:(\ 11:;<:'7 I 'I..J 0 ,-):f~~: 1Y ~~1 0 [' of: 5 NOW, THEREFORE, in consideration of the foregOlng 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 legal description of the business or project is attached as Exhibit "A", and is incorporated by reference herein, 3, This Agreement will commence upon execution by the Board of County Commissioners, 4, Property Owner represents and warrants that they are the owner of record of the Property, and acknowledges lhat~~ April 23, 2008, the Board of County Commissioners approved ,th;\r~aining.:Fiscal Year 2008 uncommitted Economic "',. ".-,...-....-----.--.......- ': -,'. ._,"", . ," Incentive funding as Fee Payment Assistant~.:.F'Unds for Arthrex Manufacturing, ~ . , 5, Inc., and that amount fOials$1 ,054.449.65 All additional impact fees due for the project are the responsibilityof.theJ'-roperty.Owner ! -,/ i -'-,: "-, "". "-',f', .' "" '-, ,.' i:,' i"', ' " ,! >.;.,;;'" '"j",:' i Under this Agr.eemen:.an annu~1 !refiew s,hall b'LperfoI1TIed by the County to - - -,-~-- -- deteI1TIine whetlr.~r there has been good faith co~liance with the teI1TIS of this Agreement. Emp10yer shall give the C.runty revi'~wer full access to its business records and businessfremises as required to certify the created jobs, If the County Manager or his designee finds, on the.basis of substantial competent evidence, that there has been a failure to comply with the tenns of this Agreement, the Agreement may be revoked or unilaterally modified by the County, Employer shall be given 10 business days prior written notice of any review, In addition to an annual review, within 10 business days from the County's written request, the Employer will provide the County with all requested documentation required to verify compliance with the tenns of the Ordinance or this Agreement. In the event the Property Owner is in default under this Agreement, and the default is not cured within 30 days after written notice is provided to the Property Owner, the County may bring a civil action to enforce this Agreement or declare that program's payment of the impact fees not yet recouped and previously paid under this program are thence immediately due and payable, The County is entitled to recover all fees Pu.e,e 2 OR: 4B€t8M111'4~lf~\7 vc~o'-6er I L, L.J~1 0 Page 7 of 15 and costs, including attorney's fees and costs, incurred by the County in enforcing this Agreement, plus interest at the then maximum statutory rate for final judgments, calculated on a calendar day basis until paid. These rights and remedies of the County are in addition to any other rights and remedies that the County may have should the Property Owner be in default or otherwise violate the teI1TIS of the Ordinance or this Agreement. 6. The amount of the impact fees paid by the program will in aJ1 events become due and payable and shall be immediately re-paid to the County by the Property 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 development and prior to the 1 O-year obligation period and the impact fees must be paid in full to the County. _AnY-Ollts!anding (i.e., as yet not repaid) impact fee amounts previously pai'd'iriJ,J;:~\li-s-<;{~;;;~Wil1 become due and payable and must J"~"\." /' ~.,' ~, .!'" " ""\....,,,..r ",.,.f' . then be immedia!eiy:~epaid to the County 'in :the'event of sale or transfer prior to expiration ofthe/proii~awQl?ligatinn-periOd. '\ .I ," . "t.....",j-'''' ~. \ \. 7. The payment of irrip;crfu~{vi~"]h; fee. Pllxm~nt Assistance PrograJD will constitute i :~ I l I Ii r !~' \\ "/ I i a lien on the i,Pro~ert~*hidl1j1ieh I r&y be.::fo~ecloseq upon in the event of non- \ " --,.' _..' -.--.... -:.-,.;.;} '. , \ _.' \ ". :"'Vi compliance wlih:t~e requirements ~-(.,}hisi AgI~~ent, or should any of the . "";:,; \. . '1ir:( .- /':-..,,/ representatIons set,forth In the ApphcatJon.,be ,~ntrue or unfulfilled. The aJDount specified in this Agr~~ni'~ill2.~!Ye..astheamount of a lien against the Property. ", .!" l ,.. -," ~, / Neither the payment ofimp<ll:ti'{~es.;;6r this Agreement may be transferred, assigned, credited or otherwise conveyed without the prior written approval from the County, which approval may be freely withheld. 8. On Property Owner's request, and at the County's sole option, the County's interest may be subordinated to all first mortgages or other co-equal security interests. The County's interest will automatically be subordinate to the Property Owner's previously recorded first mortgage and/or any government funded affordable business loan such as the U.S. SmaJ1 Business Administration (SBA) or the U.S. Department of Agriculture (USDA) loan. 9. By way of example and not as a limitation, this Agreement will be in substantial breach upon the following events: (1) any change in the status of the business or Pa!.!e :. OR: ~jB't~:PGr~f4-01q~\~ ....JuL'-'U.... ,.:..., .:...CJ ru F3~le 8 of -; 5 project such that it no longer meets the required Program criteria, as set forth in either the Ordinance or this Agreement; (2) failure to fully comply with all rcasonablc requests during any County review conducted pursuant to this Agreement; and (3) upon thc County Manager or his designee being informed of a material misrepresentation in the Application; or (4) toO new jobs are not in place by September 30, 2010 at an average wage of not less than $44,517.65 or a time extcnsion has not been granted by the Board of County Commissioners related to thc timing for the creation of the jobs. 10, This Agreement will expire 10 years after the first certificate of occupancy has been issued for the development. Following this expiration, and upon satisfactory completion of all requirements of this Agreement, at Property Owner's request and sole expense, the County ~i1Lrecont. any necessary documentation evidencing same, including, but notl;Jrti~~J;J-+~~~se of lien. Thc lien will not teI1TIinate ,.....\,\i..,....... ,-,.- ..-.......l' ,/" except upon the recording of a release or satis~actio,n of lien in the public records of Collier County. ' 11. This Agreement will 'beTe;;-6~ded.-iri-th;;-;;fticial I. ,.,' ".,' ,. t , :i \ \ i i Property Owner"s sole_c.-"pens>:'L_'t records of Collier County at \/ ! , '-- i ,....-. :.:~~~' ,."., IN WITNESS WHEREOF', the Parties have execut~d this Agreement on the date and ,~ year first above written. ~ '. r ,-'" . '.."'. '1..1 ,:"". ATTEST: DW;H~E1S~O~, Clerk ( ~~;~!1;~~I~r~ S 19111tur. 0111. Appr ved as to form and legal uf en y BOARD OF COUNTY COMMISSIONERS ::LLll~;;;;; . . TOM ING.HA1RMANY Recommend Approval: a p~ Amy~rson ' J mpact Fee and Economic Development Manager J effre Count Page 4 OR: 458t~~G~mA'&1~l\7 ~~",bc. ,_ _,.10 Page 9 of 15 Signed, sealed and delivered in the presence of: ARTHREX MANUFACTURING, INC. Pnnted Name '-{}I/0-4 () ~- S~ture /RN<r. A fL,L/(] Printed Name STATE OF FLORIDA COUNTY OF COLLIER _------.. /,,---'1") (";r- ~-~ /.\\\.1, " Ut:;'" The foregoing Agreeme~I~)lc6"~~~db~i~~tme this I CJ -Ih day of June , 2008, by Jon W. Cheek, as TreasJreilDirector of Arthrex M~utacluring, Inc., who is personally / 1.....--.-., \ \ known to me or has produced"- ",,__ '.._,--~, '\ \. as proof of identity, / / -,~ )",,--;, \ " \ (N,onm '""' (n (( C(O) ~~:~~~ 'b CJA(~ " ~c \, My)CommissjonExpires: I ell 2 I G g \ !"\,'~,' ~ '\ !' ,"' ,~..' . .,.;;""";"_M~ \.'!~. . MyCu,.,_.DO:lIl1I1S '",......1 ExDiresQc:d)er12.2OOI Page 5 *** OR: 43S12~;P:GJ;/'4:01~iru F\qt; ~C of 15 J:XJlmrr A Tract "1"/". "VI! MARIA PHASE TWO. l_iaJ 10 tilt: pia, _ or II RConld ill Pial BaoIt 4111 Po.. 29 duaach 34 <-l oftbe Public _ ofCoIlicrCclual)o,FIorIda, ........_. paniOlIor_JJ. TlJWIlIIllp47 ~ Jlu&c 29 EuI. IOid CoD.. CouDly. F10rid0, ..... __ ponblarly __ u I'oIIo1n: lleiiaolDIlltllt:w... ,: ;".or"_r~ofT_"Il", "YO MIl10 Phue T...., ICllOIdiaJto tilt: plat _f.11ICOI1Icd laPlot Boat4l1lPqa29liDD11&h34 <-.0) or....PuhIIc l\IconIIor Collier CouDly, FIorido, with 1M W_ylloaadu)' of'l'nc:'''I'7''. _Id Ayo Marlo P_ -r-.o PII~_ N_OS" %7' %)"WUI,._oor6J.61 tMllo.polatofcgyann;_N_r.S29.71 '"'" al..IIM an:.to _...... __ W_Iy........ _ ofJ,GlS6.00 r....lIInlup. _ qlaorll9"53'5ll"tDdhdoc_ . Iby.___NcxlbI0"%4'21"WCIl,m.o.5fttl; _N_.... J2' J7"llut,. d_ or40Ulfttl; __64. 3-4' JI"1ltJt. ._or66.53 Iloor:_NllIlhl4. J2' 37"..... _ or41U1",,_ SaolhOS" T/' :IJ"l!tIr, "_or 17S.IJ f...,o.paiD! or.....IlIl'e;___.....y.:z&O.3P feetal...lb. "'" 01'._...... ........ NcIol-"'i)'. hrIIDa I redia .f357'OO....~.......... _I.... or4" 00' 00" IIllI \IoIaJ __ by. chon! wIIIch hart Soalh %,. S7' X)"1ltJt. 273.24 foci; _ Soalh SO" T/' %3"1IaIl, . _ of4O,06 feet... poIator_:.... SoulIaRedy. 103.s2l'ac1..... 1M... .f._ ...... COIICIYO ~,Ia.... todioJ lIIrooP..-.I u;Ie orW:/O' I!I" UllI hdaa..bIudod by._._ .7l1loor: ....... _ 04" l17' 04" Eut,.~or%I.3I/ioot... "!t",.aIcIA..__ Two; _.... 1M foIIowiDJ Tl"Cl "Il"; Caune No 1,_ 04'117' 04"1!uI, 1:2.97.... to y, 39.15.... 01...... DO ofa cin:IIlIrcuno, _.. .. -.I qlo of.,. 4S' 32"lDIIbcillJlUb__ "'l101polotof_ curvature; r.-.- Nft 3. eoDve SaudIa1y."~ I racliuJ orl%,S~.OO lboI, by. chon!_b tic... So\llh II.!" 0.5' 3%" .... 709,1%.... to. poSl of curvaturej Coanc No S. un.. ooacaw NorIMasrIrty, .........lIc1i..ofZS.OO 1lllb.,4dby.__ __50"27' 23"W ....._ of25.00....... 1M POINT OF BE -" ' !OUr...hdaaS 84' 32' 37"W (Per IIauilIp abo_ be.... refer 10 1M N Plat) ~ Co1N~r Coun.tv ~ .....- 010.- ~,,~, .... ~"1;I@oo -_''t~ l'.,c:enaa item t\jo. 16,L} .' October 12, 2010 Page 11 0115 ~~~ ;\ U!;ust 3 I. 20 I 0 Mr. Reinhold Schmieding. I'resident Arthre" Manul~lcturing, Inc. 1360 Creekside Boule\ard Naples, FL 3-11 OR RF: Fee Payment Assistallce Agreement for Arthre" Manufacturing. Inc, Ave Maria I'roject Dear I'dr. Schmieding: On July 22, 200R a Fee I'ayment Assistance Agreement was ewcuted between Arthre" Manul"acturing, Inc. (Arthre,,) and Collier County (County) ill order to provide impact lee assistance related to the construction ofa new nlanu['lCturing facility atl\ve Maria I'hase Two. In summary, the Agreement provided li.>r the payment of $1 ,05-1,-1-19,65 in Fee l'ayme11l Assistance Funds to be used to pay a portion of the impact fees for the project. By \\ ay of the Agreement. Arthre" committed to the construction of the Lleility and creation 01' 100 Ilew ,jobs at an average wage of Ilot less than $-1-1,517.65, with those jobs being in place by September 30, 2010, Impact fees, in the amount of$'!'!5,-1'!5,37, were paid oll/\ugust 25. 200R Oil behalf 0[' Arthre", using Fee Paymellt Assistance hll1ds. li)r Application Request 13095. the site development p[all (SDI') lill' the project. A Certificate 01' Adequate ['ublic Facilities ICOA) was also issued at this time in accordance \\ ith Section 10,02,07 o['the LDC and Chapter 7-1 of the Code. providing that adequate road capacity e"isted li,r the project li)r a three year period, 011 Septemher 10,2008, additional impact i"ees in the amount 0[' $58,95-1,21\ were paid, using I, ec I'ayment ,\ssistance hll1ds. for Building I'crmit:i200R050328. Tbcsc two payments total tbc $ J.()5-1.4-19,65 granted under the e"ecuted Agreement. On March 5, 2009. the Building Permit for the project e"pired and the cancellation notice w as sent on .I uly 2, 2009, In accordance \\ ith the Agreement, as outlined above, 100 jobs are required to be in place by September 30, 20!0 unless this timeli'ame is otherwise e"tended by the Board of County Commissioners, To dale, construction has not commenced nor has the COUIll) received a request Ii-om /\I"\hre" to e\;\end the joh creation requirement date, I:ailure to compl) with lhe terms set Icl1"\h ill the Agreement may be cunsidered a substantial breach. resulting inlerminatiol1 oJ'the Agreement. ":::'.,i Prior to preparing an agenda item in October 20] 0 to request direction irom tf1d~;~-ard:"c_ of County Commissioners on this matter. I believe it is appropriate to seek your input on the issue. Therefore. I am respectfully requesting that all authorized representative from Arthrex deliver written notice of \'our company's intentions to this office no later than September] 0, 20 I 0, Please Feel lree to contact Ms Amy Patterson. Impact Ice Manager. 252-5721, to discuss the status of the project and the job creation deadlinc, ] ha\'e ineluded a copy of the Fec Payment Assistance .Agreement ror your convenience. Thank \'ou for your attention to this matter and I look forward to hearing from YOU, . . '- . Sincerely, ,4 ,~ ( Da\'id .IacksOl Executive Director Business and Economic Development cc: I ,eo Oehs, Count\' Manager Nick ('asalanguida, Deputy Administrator (jwv\'lh Management Diyision Amy Patterson, Impact Fee Manager Tammie "\Jemeeek, President. Economic Dc\'clopmcl1t Council t,/ (~ ![0:1, ),~C, 16f,1 CC:Gh,:n 12. ::CiCl F'8ge :3 of 15 Patterson a From: Sent: To: Subject: Kevin Grieff [Kevin,Grieff@Arthrex.com] Wednesday, September 08, 2010 2:06 PM Patterson_a Fee Payment Assistance Arthrex Amy, Arthrex will let the fee payment assistance agreement for the Ave Maria project terminate, Please advise if this e-mail notification is adequate communication for the County. Sincerely, Kevin A, Grieff V.P, Operations Arthrex Inc. 643-5553 ::,T '." -"'-:;:::'':-,' :-) ~ 1:-i ThIS 1l1strlllnCIll prepared hy- Amy P311crson Impact Fcc and Economic Development !\1anagcl 28()() North Horseshoe Drive Naples, Florida :>4\04 (2.19)2S1-S721 SATISFACTION OF LIEN This is to certifY that the claim of lien in the sum of One Million Fifty-Four Thousand Four Hundred Forty-Nine Dollars and Sixty-Five Cents ($1.054.449,65), arising out of an Agreement For Fee Payment Assistance dated July 22. 2008 recorded in OK Book 4381, Page 4014, et seq. of the Public Records of Collier County. Florida, against the attached described real property (Exhibit A) bas been satisfied in full. The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property and consents to this lien being discharged of record. Dated this .. _day of __~_._".. .2010, ATJ"EST: DWIGHT E, BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: . 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