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Backup Documents 01/24/2012 Item #10AORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP_ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO /� e THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE / Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and or nal ' ' documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 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 41 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Judy Puig GMD Planning & Regulation/Operations Agenda Item Number 10A 2. Original document has been signed/initialed for legal sufficiency. (All documents to be 3. Job Creation Agreement Number of Original 4 IVY, 4. Broadband Agreement Documents Attached 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners l I3 0 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Amy Patterson Phone Number 252 -5721 Agenda Date Item was January 24, 2012 Agenda Item Number 10A Approved by the BCC Original document has been signed/initialed for legal sufficiency. (All documents to be Type of Document Job Creation Agreement Number of Original 4 Attached Broadband Agreement Documents Attached Fee Payment Assistance Agreement (2) INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1�,P_cord�n : U�sf- A-cc�- "'-- 1o�- 1( 3�'%o- 6Y9030 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. 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. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. 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 3. 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. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. 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! 6. The document was approved by the BCC on 1/24/12 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1�,P_cord�n : U�sf- A-cc�- "'-- 1o�- 1( 3�'%o- 6Y9030 Prepared by: Jeffrey A. Klatzkow County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 INSTR 4652654 OR 4760 PG 448 RECORDED 1/31/2012 2:26 PM PAGES 8 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $69.50 AGREEMENT FOR FEE PAYMENT ASSISTANCE PROGRAM This Agreement for Fee Payment Assistance for the payment of Impact Fees is entered into this Zy })-\ day ofd, 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 Arthrex, Inc., and Arthrex Manufacturing hereinafter referred to as " Arthrex," collectively referred to as the "Parties." RECITALS: WHEREAS, Collier County Ordinance No. 2003 -61, the Collier County Fee Payment Assistance Ordinance, as it may be further amended from time to time, codified in Chapter 49 of the Code of Laws and Ordinances of Collier County Florida, hereinafter referred to as the "Ordinance," provides for a program of Fee Payment Assistance for payment of impact fees to qualifying businesses (hereinafter referred to as the "Program "); and WHEREAS, the Ordinance provides that its purposes "are to: (1) provide a performance- based program offering financial relief for eligible targeted industry development or expansion projects in Collier County to mitigate the effects of rising fees; (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 that the business or project is a high impact project, located outside the enterprise community and Eastern Collier County; is within the targeted industry list of the Economic Development Council of Collier County; and creates a Page I minimum of 20 new full -time jobs paying an average wage equal to or greater than 150 percent of the County's current private- sector average wage; and WHEREAS, Arthrex submitted an application to be considered for the Program for a Project involving the expansion of its existing Creekside campus by approximately 100,000 square feet of new /renovated facilities, to be located on a parcel whose legal descriptions are included in Exhibit A and is incorporated by reference herein (which parcel is hereinafter referred to as the "Property "). A copy of this application is on file in the Growth Management Division, Impact Fee Administration Office; and WHEREAS, the County Manager and staff have reviewed the application and, based on the representations therein, found that it complies with the requirements for the Fee Payment Assistance Program as outlined and set forth in the Ordinance; and WHEREAS, at its June 28, 2011 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 Arthrex 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 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 Board hereby agrees to enroll Arthrex into the Fee Payment Assistance Program under the terms and conditions set forth below to assist Arthrex in expanding its existing Collier County business through a new 100,000 square feet (approximate) of new /renovated facilities to be located in its existing Creekside campus in western Collier County. 3. In consideration for such assistance, Arthrex hereby accepts the benefits and burdens set forth below and in Ordinance 2003 -61, as amended. Should this Agreement conflict with Ordinance No. 2003 -61, the parties agree that the terms of the Ordinance shall prevail. Page 2 I0A 4. As set forth in Exhibit B, Arthrex is entitled to a maximum incentive award in the sum of $941,732. This incentive award is a grant by Collier County to pay Arthrex's impact fees as they become due for the Project. Impact fees are generally due on the filing of a site development plan and upon the issuance of building permits. Arthrex understands and agrees that there is no defined funding source for this Project, and as such these grants are subject to annual appropriation. 5. Upon payment by the County of Arthrex's impact fees for the Project, such payment of impact fees will constitute a lien on the Property, which lien shall run with the land and may be foreclosed upon in the event of non - compliance with the requirements of this Agreement, or should any of the representations set forth in the Application be untrue or unfulfilled. Neither the payment of impact fees nor this Agreement may be transferred, assigned, credited or otherwise conveyed without the prior written approval from the County, which approval may be freely withheld. 6. The amount of the impact fees paid by the Program will in all events become due and payable and shall be immediately re -paid to the County by Arthrex and /or the then current 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 10 -year obligation period and the impact fees must be paid in full to the County. Any outstanding (i.e., as yet not repaid) impact fee amounts previously paid under this Program will become due and payable and must then be immediately repaid to the County in the event of sale or transfer prior to expiration of the Program obligation period. 7. On Arthrex'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 previously recorded first mortgage and /or any government funded affordable business loan such as the U.S. Small Business Administration (SBA) or the U.S. Department of Agriculture (USDA) loan. 8. This Agreement will expire 10 years after the first Certificate of Occupancy has been issued for the Project. Following this expiration, and upon satisfactory completion of all requirements of this Agreement, at the then property owner's request and sole expense, the County will 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. Page 3 10 9. Under this Agreement an annual review shall be performed by the County to determine whether there has been good faith compliance with the terms of this Agreement. Arthrex shall give the County reviewer full access to its business records and business premises 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 terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. Arthrex 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, Arthrex will provide the County with all requested documentation required to verify compliance with the terms of the Ordinance or this Agreement. In the event Arthrex is in default under this Agreement, and the default is not cured within 30 days after written notice is provided to Arthrex, 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 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 Arthrex be in default or otherwise violate the terms of the Ordinance or this Agreement. 10. 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 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 reasonable requests during any County review conducted pursuant to this Agreement; (3) upon the County Manager or his designee being informed of a material misrepresentation in the Application; (4) 20 new jobs are not in place by June 30, 2016, at an average wage of not less than $58,079 or a time extension has not been granted by the Board of County Commissioners related to the timing for the creation of the jobs, or (5) failure by Arthrex to pay its tax bill in full to the tax collector's office annually, on or before the date it is due. 11. This Agreement shall be recorded in the Official Records of Collier County at Arthrex's sole expense. When all obligations have been met under this Agreement, the County will record a satisfaction of lien in the public records of Collier County, at the company's expense. Page 4 I0A IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk a clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 'ILck W C"J' — FRED W. COYLE, Chair Appr Wed as to form and Recommend Approval: legal 3u c ncy: Jeffre itzkow ick Casalangui a Coun orney Deputy Administrator Growth Management Division Page 5 AS TO ARTHREX, INC AND ARTHREX MANUFACTURING, INC.: Signed, sealed and Delivered in the presence of: �a" )9r ignature 6v,� r9= P ' Name V91nature V-')'j Z-j Printed Name STATE OF FLORIDA COUNTY OF COLLIER 10A r By: �---- R. co rice, Vice President Arthrex, Inc. and Arthrex Manufacturing, Inc. �I ---� he foregoing Agreement was acknowledged before me this ± day of �1 Q 2012, by R. Scott __ Price, Vice President, Arthrex, Inc. and Arthrex Manufacturing. Inc. who is ersonally known to rr e or has produced as proof of identity. [NOTARIAL SEAL] RNotary Public State of Florida Donna J Brown My Commission EE100419 Expires 08/27/2015 Signature of Page 6 ing Acknowledgment 10 EXHIBIT "A" Legal Description Folio #: 29334000045 AND 29334000029 Legal Description: LOTS 9 AND 10 UNIT 1, CREEKSIDE COMMERCE PARK WEST # 29334000045 Unit 2. Creekside Flex I, according to the Declaration of Condominium thereof as recorded in Official Records Book 4103, page 2598 of the Public Records of Collier County, Florida. #29334000029 Unit 1, of Creekside Flex I, A Commercial Land Condominium, according to the terms and conditions of the Declaration of Condominium thereof recorded in O.R. Book 4103, Pages 2598 et seq., as amended, of the Public Records of Collier County, Florida. Folio #29331193104 Legal Description: Creekside Commerce Park West, Unit Two, Lot 7 Folio #29331190741 Legal Description: Creekside Commerce Park West, Unit One, Lot 4 Folio #29331193120 Legal Description: Creekside Commerce Park West, Unit Two, Lot 8 Folio #29331193081 Legal Description: Creekside Commerce Park West, Unit Two, Lot 6 Folio #: 00168049000 Legal Description: 27 48 25 COMM NW CNR SEC 27, S 125.02FT, N 44DEG E 34.99FT, S 89DEG E 573.45FT, S 89DEG E 500.61FT, S 89DEG E 768.26FT, S 02DEG E 1017.96FT, CONT S 02 DEG E 64.06FT to POB; SWLY 631.99FT, S 62.01FT, S73DEG E 658.13FT, N 02DEG W 392.22 TO POB. Page 7 EXHIBIT "B" Impact Fee Amount Maximum Incentive Award Capital Investment x millage rate x years in program $22, 000, 000 x . 0042806 x 10 = $941, 732 Page 8 Prepared by: Jeffrey A. Watzkow County Attorney INSTR 4652655 OR 4760 PG 456 3299 Tamiami Trail East, Suite 800 RECORDED 1/31/2012 2:26 PM PAGES 8 Naples, FL 34112 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $69.50 INDX $1.00 AGREEMENT FOR FEE PAYMENT ASSISTANCE PROGRAM This Agreement for Fee Payment Assistance for the payment of Impact Fees is entered into this 2_4 . day of��u� , 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 Arthrex, Inc. and Arthrex Manufacturing, Inc., hereinafter referred to as " Arthrex," and, RES Collier Holdings, LLC, collectively referred to as the "Parties." RECITALS: WHEREAS, Collier County Ordinance No. 2003 -61, the Collier County Fee Payment Assistance Ordinance, as it may be further amended from time to time, codified in Chapter 49 of the Code of Laws and Ordinances of Collier County Florida, hereinafter referred to as the "Ordinance," provides for a program of Fee Payment Assistance for payment of impact fees to qualifying businesses (hereinafter referred to as the "Program "); and WHEREAS, the Ordinance provides that its purposes "are to: (1) provide a performance - based program offering financial relief for eligible targeted industry development or expansion projects in Collier County to mitigate the effects of rising fees; (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 that the business or project is located within Eastern Collier County; is within the targeted industry list of the Economic Development Council of Collier County; and creates a minimum of 10 new full -time jobs paying an average wage of at least 115 percent of the County's current private- sector average wage; and Page 1 10A WHEREAS, Arthrex submitted an application to be considered for the Program for a Project involving the construction of a manufacturing facility of approximately 200,000 square feet, to be located on a parcel whose legal description is attached as Exhibit A and is incorporated by reference herein (which parcel is hereinafter referred to as the "Property "). A copy of this application is on file in the Growth Management Division, Impact Fee Administration Office; and 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 Fee Payment Assistance Program as outlined and set forth in the Ordinance; and WHEREAS, at its June 28, 2011 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 Arthrex 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 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 Board hereby agrees to enroll Arthrex into the Fee Payment Assistance Program under the terms and conditions set forth below to assist Arthrex in expanding its existing Collier County business through the construction of a new 200,000 square foot (approximate) manufacturing facility to be located in Eastern Collier County. 3. In consideration for such assistance, Arthrex hereby accepts the benefits and burdens set forth below and in Ordinance 2003 -61, as amended. Should this Agreement conflict with Ordinance No. 2003 -61, the parties agree that the terms of the Ordinance shall prevail. 4. As set forth in Exhibit B, Arthrex is entitled to a maximum incentive award in the sum of $1,070,150. This incentive award is a grant by Collier County to pay Arthrex's impact fees as they become due for the Project. Impact fees are generally due on the filing of a site development plan and upon the issuance of building permits. Arthrex understands and agrees Page 2 l0A that there is no defined funding source for this Project, and as such these grants are subject to annual appropriation. 5. Upon payment by the County of Arthrex's impact fees for the Project, such payment of impact fees will constitute a lien on the Property, which lien shall run with the land and may be foreclosed upon in the event of non - compliance with the requirements of this Agreement, or should any of the representations set forth in the Application be untrue or unfulfilled. Neither the payment of impact fees nor this Agreement may be transferred, assigned, credited or otherwise conveyed without the prior written approval from the County, which approval may be freely withheld. 6. The amount of the impact fees paid by the Program will in all events become due and payable and shall be immediately re -paid to the County by Arthrex and /or the then current 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 10 -year obligation period and the impact fees must be paid in full to the County. Any outstanding (i.e., as yet not repaid) impact fee amounts previously paid under this program will become due and payable and must then be immediately repaid to the County in the event of sale or transfer prior to expiration of the program obligation period. 7. On Arthrex'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 previously recorded first mortgage and/or any government funded affordable business loan such as the U.S. Small Business Administration (SBA) or the U.S. Department of Agriculture (USDA) loan. 8. This Agreement will expire 10 years after the first Certificate of Occupancy has been issued for the Project. Following this expiration, and upon satisfactory completion of all requirements of this Agreement, at the then property owner's request and sole expense, the County will 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. 9. Under this Agreement an annual review shall be performed by the County to determine whether there has been good faith compliance with the terms of this Agreement. Arthrex shall give the County reviewer full access to its business records and business premises as required to certify the created jobs. If the County Manager or his designee finds, on the basis Page 3 of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. Arthrex 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, Arthrex will provide the County with all requested documentation required to verify compliance with the terms of the Ordinance or this Agreement. In the event Arthrex is in default under this Agreement, and the default is not cured within 30 days after written notice is provided to Arthrex, 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 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 Arthrex be in default or otherwise violate the terms of the Ordinance or this Agreement. 10. 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 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 reasonable requests during any County review conducted pursuant to this Agreement; (3) upon the County Manager or his designee being informed of a material misrepresentation in the Application; (4) 10 new jobs are not in place by June 30, 2014, at an average wage of not less than $44,527 or a time extension has not been granted by the Board of County Commissioners related to the timing for the creation of the jobs, or (5) failure by Arthrex to pay its tax bill in full to the Tax Collector's Office annually, on or before the date it is due. 11. This Agreement will be recorded in the Official Records of Collier County at Arthrex's sole expense. When all obligations have been meet under this Agreement, the County will record a satisfaction of lien in the public records of Collier County, at the company's expense. Page 4 10 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. DWI - E. BROCK, Clerk Deputy Clerk Page 5 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: .- W L- FRED W. COYLE, Chairm Recommend Approval: Nic Casa gui a Deputy Administrator Growth Management Division 10A AS TO ARTHREX, INC., ARTHREX MANUFACTURING, INC., and RES COLLIER HOLDINGS, LLC: Signed, sealed and Delivered in the presence of- V.- �' W� - ignature r(c � - 6 ocerl=: Printed Name ignature Printed Name Print Name STATE OF FLORIDA COUNTY OF COLLIER By: R. Scott Price, Vice President Arthrex, Inc.,Arthrex Manufacturing, Inc. and RES Collier Holdings, LLC The foregoing Agreement was acknowledged before me this day of JO , 2012, by R. Scott Price, Vice President Arthrex Inc. Arthrex Manufacturing, Inc. and RES Collier Holdings, LLC, who isf',personally known to me r has produced as proof of identity. [NOTARIAL SEAL CIA U Y UA \ \ — IJU UUAT �NOV r Notary Public State of Florida Signature of Person T ing Acknowledgment Donna J Brown y My Commission EE100419 ' ?o . Expires 0812712015 , � Page 6 Exhibit A RHODES &RHODE5IAND 8U.BYE W09 MC 28100BORTA GRANDEDR STE107 BONITABPBUM9 PEORMA 34136 PHONE (M) 0641M FAX (M) 405 8163 LEGAL DESCRIPTION BEING A PORTION OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 88 °5534° WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 17, A DISTANCE OF 939.19 FEET; THENCE NORTH 01 °04'26" WEST, A DISTANCE OF 350.o1 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, THE SAME BEING A POINT ON THE BOUNDARY OF THOSE CERTAIN LANDS DESCRIBED AS `EXHIBIT "A" - D.R.I. LANDS' AND RECORDED IN OFFICIAL RECORDS BOOK 4040, PAGE 1711 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE RUN THE FOLLOWING THREE (3) COURSES ALONG THE BOUNDARY OF LAST SAID LANDS; COURSE NO. 1: SOUTH 8805537" WEST, 188.88 FEET; COURSE NO. 2: SOU TIC B9 °? -x'56" WEST, 1,286.63 FEET; COURSE N0. 3: NORTH 00 °27'04" WEST, 715.99 FED C TING FROM SAID LANDS, NORTH 89 032'56" EAST, A DISTANCE OF 1 ON A NON- TANGENTIAL CURVE; THENCE SOUTHEASTERLY, 443• ALONG THE A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A QF 41+�044.00 FEET, H UGH A CENTRAL ANGLE OF 24 °21'36" AND BEING SUBTEN ED Y=A- ' ORDI��# BEAMS OUTH 22031'o6" EAST, 440.53 FEET; THENCE SOUTH 34° 1'S '' T . 'DS 25115 FEET TO A POINT OF CURVATURE; THENCE SO •H jY, 1 ob E G THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHW ST R Y N �F 56.00 FEET, THROUGH A CENTRAL ANGLE OF 13 °54'02'� � DEI� A�� moRD WHICH BEARS SOUTH 27 °4453" EAST, 110.36 FEET T POINT OF BEGI PIING. CONTAINING 909,765 SQUARE OR 20.89 ACRES, MW O ESS. SUBJECT TO EASEMENT, RESERVA SYIONS OF RECORD. •�v c BEARINGS ARE BASED ON THE SOUTH LI OF THE SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, AS BEING SOUTH 88 055'34" WEST. EXHIBIT "B" Impact Fee Amount Maximum Incentive Award: Capital Investment x millage rate x years in program $25, 000, 000 x. 0042806 x 10 = $1,0 70,150 Impact Fee Amount to be Paid on Behalf of Arthrex: $597,513.71 Page 8 l0A 10A Prepared by: Jeffrey A. Klatzkow INSTR 4652656 OR 4760 PG 464 County Attorney RECORDED 1/31/2012 2:26 PM PAGES 7 3299 Tamiami Trail East, Suite 800 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Naples, FL 34112 COLLIER COUNTY FLORIDA REC $61.00 JOB CREATION INVESTMENT PROGRAM AGREEMENT This Job Creation Investment Program Agreement ( "Agreement ") is entered into this day of �c,.r,r� , 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 Arthrex, Inc. and Arthrex Manufacturing, Inc., hereinafter collectively referred to as " Arthrex." RECITALS: WHEREAS, on November 18, 2003, The Board of County Commissioners ( "Board ") enacted Collier County Ordinance No. 2003 -60, commonly referred to as the Collier County Job Creation Investment Program Ordinance, codified as Article III of Chapter 49 of the Code of Laws and Ordinances of Collier County Florida, hereinafter referred to as either the "Program;" and WHEREAS, the Program provides that its purposes "are to: (1) provide a performance- based program offering financial relief for eligible targeted industry development or expansion projects in Collier County to mitigate the effects of rising fees, along with escalating relocation and expansion costs, associated with these projects; (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 (1) The business or project is located within Eastern Collier County; is within the targeted industry list of the Economic Development Council of Collier County; and creates a minimum of 10 new, qualified full -time jobs paying an average wage of at least 115 percent of the County's current private- sector average wage; or (2) The business or project is a high impact project, located outside the enterprise community and Page 1 1UA Eastern Collier County; is within the targeted industry list of the Economic Development Council of Collier County; and creates a minimum of 20 new, qualified full -time jobs paying an average wage equal to or greater than 150 percent of the County's current private- sector average wage; and WHEREAS, Arthrex submitted an application to be considered for the Program for two Projects. The first Project involves the construction in Eastern Collier County of a manufacturing facility of approximately 200,000 square feet, to be located on a parcel whose legal description is attached as Exhibit A and is incorporated by reference herein. The second Project involves the expansion of its existing Creekside campus by approximately 100,000 square feet of new facilities, to be located on parcels whose legal descriptions are attached as Exhibit B, incorporated by reference herein. Copies of these applications are on file in the Growth Management Division, Impact Fee Administration Office. Arthrex is proposing to create 600 new, qualifying jobs by June 30, 2016, at an average wage of $59,580 between both Projects; and WHEREAS, the County Manager and staff have reviewed the application and, based on the representations therein, found that it complies with the requirements for the Job Creation Investment Program as set forth in the Ordinance; and WHEREAS, at its June 28, 2011 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 Arthrex 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 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 Collier County Job Creation Investment Program under the terms and conditions set forth below to assist Arthrex in expanding its existing Collier County business through the construction of a new 200,000 square foot (approximate) manufacturing facility to be located in Eastern Collier County and approximately 100,000 square feet of new /renovated facilities in its Creekside campus. Page 2 3. In consideration for such assistance, Arthrex hereby accepts the benefits and burdens set forth below and in Ordinance 2003 -60, as amended. Should this Agreement conflict with Ordinance No. 2003 -60, the parties agree that the terms of the Ordinance shall prevail. 4. Arthrex intends to create 600 new, qualifying jobs phased over a three -year period at an average wage of $59,580. The first 400 jobs are projected to be created no later than June 30, 2014. The second 100 jobs are projected to be created no later than June 30, 2015. The final 100 jobs are projected to be created no later than June 30, 2016. 5. Arthrex is hereby awarded a grant in the sum of $1,200,000, representing $2,000.00 per new full time job created, to be paid based on the Job Creation Phases 1 through 3 schedules as follows: (a) On or shortly after June 30, 2014, the County Manager or his designee shall verify whether at least 400 qualified jobs have been created. If verified, the County will pay Arthrex the first sum of $266,666.67, after October 1, 2014. (b) On or shortly after June 30, 2015, the County Manager or his designee shall verify whether the 400 qualified jobs are still in place and whether 100 additional Qualified Jobs have been created. If verified, the County will pay Arthrex the second sum of $266,667.67 for Phase 1 and first sum of $66,666.67 for Phase 2, after October 1, 2015. (c) On or shortly after June 30, 2016, the County Manager or his designee shall verify whether the 500 qualified jobs from Phase 1 and Phase 2 are still in place and whether 100 additional qualified jobs have been created. If verified, the County will pay Arthrex the final sum of $266,666.66 for Phase 1 and the second sum of $66,666.67 for Phase 2 and the first sum of $66,666.67 for Phase 3, after October 1, 2016. (d) On or shortly after June 30, 2017, the County Manager or his designee shall verify whether the 600 qualified jobs from Phase 1, Phase 2 and Phase 3 are still in place. If verified, the County will pay Arthrex the final sum of $66,666.66 for Phase 2 and the second sum of $66,666.67 for Phase 3, after October 1, 2017. (e) On or shortly after June 30, 2018, the County Manager or his designee shall verify whether the 600 qualified jobs from Phase 1, Phase 2 and Phase 3 are still in place. If verified, the County will pay Arthrex the final sum of $66,666.66 for Phase 3, after October 1, 2018. Page 3 10A ioa 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 Arthrex not meet the scheduled job creation. Arthrex understands and agrees that there is no defined funding source for this Project, and as such these grants are subject to annual appropriation. 7. As a precondition to payment, Arthrex shall give the County reviewer full access to its business records and business premises as required to certify the created jobs. Arthrex shall be given 10 business days prior written notice of this review. 8. Neither the payment of funds, nor this Agreement, may be transferred, assigned, credited or otherwise conveyed without prior written approval from the County, which approval may be freely withheld. 9. The County shall record this Agreement in the Public Records of the County, with all costs of recording being paid by Arthrex. After all obligations have been met, a satisfaction of agreement will also be recorded in Collier County public records at Arthrex's sole expense. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT„ BROCK,'lerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Attid» as 614koo aty,,Clerk FRED W. COYLE, Chairma Approd form'and Rec end Approval: legal su fi Jeffrey A atz ow Nick Casalanguida County Alto ey Deputy Administrator Growth Management Division Page 4 AS TO ARTHREX, INC. and ARTHREX MANUFACTURING, INC. Signed, sealed and Dew ed in the presence of: l I'T , _ ,>Yi /gnature v Printed Name Si nature ;,r cd- 6) Printed Name STATE OF FLORIDA COUNTY OF COLLIER a(4) The foregoing , 2012, Manufacturing, Inc., I0A By: - R. Scott Pfice, Vice President Arthrex, Inc. and Arthrex Manufacturing Inc. Agreement was acknowledged before me this by R. Scott Price, Vice President, Arthrex, who is ( "personally known to me as proof o i entity. [NOTARIAL SEAL] R Notary Public State of Florida Donna J Brown My Commission EE100419 Expires 08/2712015 Signature of Person Page 5 or - J day of Inc. and Arthrex produced has l HIR/6 Acknowledgment l0A Exhibit A RHODES & RHODES LAND SURVEYING); INO 281MBONP1A ORANDEDR 9TE107 BONITASPlInVOR, IWBMA AIN PHONE (M) A5 87W EA%(M) X8163 LEGAL DESCRIPTION BEING A PORTION OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 88 °5534" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 17, A DISTANCE OF 939.19 FEET; THENCE NORTH 01 °04'26" WEST, A DISTANCE OF 350.o1 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, THE SAME BEING A POINT ON THE BOUNDARY OF THOSE CERTAIN LANDS DESCRIBED AS 'EXHIBIT "A" - D.R.I. LANDS' AND RECORDED IN OFFICIAL RECORDS BOOK 4040, PAGE 1711 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE RUN THE FOLLOWING THREE (3) COURSES ALONG THE BOUNDARY OF LAST SAID LANDS; COURSE NO. 1: SOUTH 8805537" WEST, 188.88 FEET; COURSE NO. 2: SOUTI1 89- °?2:�6" WEST, 1,286.63 FEET; COURSE N0. a: NORTH 00 027'04" WEST, 715.99 FE T; Chi TING FROM SAID LANDS, NORTH 89 032'56" EAST, A DISTANCE OF 1 j�..ET O ON A NON - TANGENTIAL CURVE; THENCE SOUTHEASTERLY, 443• ALONG THE A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A } O.F 104.4.00 FEET HR UGH A CENTRAL ANGLE OF 24 021'36" AND BEING SUBTEN EDIBY ORIi iI BE SOUTH 22031'o6" EAST, 440.53 FEET; THENCE SOUTH 340 1'5 " T ' D 251, 15 FEET TO A POINT OF CURVATURE; THENCE SO �H 1 0 6$ E G % ARC OF A CIRCULAR CURVE, CONCAVE SOUTHW ST R Y, N F ' 56.00 FEET, THROUGH A CENTRAL ANGLE OF 13 054'02'. DED'B A ORD WHICH BEARS SOUTH 27 °4453" EAST, 110,36 FEET T POINT OF B - ING. , r CONTAINING 909,765 SQUARE R 20.89 ACRES, MW O ESS. SUBJECT TO EASEMENT, RESERVA S, IONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LI9 OF THE SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, AS BEING SOUTH 8805534" WEST. EXHIBIT "B" Legal Description Folio #: 29334000045 AND 29334000029 Legal Description: LOTS 9 AND 10 UNIT 1, CREEKSIDE COMMERCE PARK WEST # 29334000045 Unit 2. Creekside Flex I, according to the Declaration of Condominium thereof as recorded in Official Records Book 4103, page 2598 of the Public Records of Collier County, Florida. #29334000029 Unit 1, of Creekside Flex I, A Commercial Land Condominium, according to the terms and conditions of the Declaration of Condominium thereof recorded in O.R. Book 4103, Pages 2598 et seq., as amended, of the Public Records of Collier County, Florida. Folio #29331193104 Legal Description: Creekside Commerce Park West, Unit Two, Lot 7 Folio 429331190741 Legal Description: Creekside Commerce Park West, Unit One, Lot 4 Folio #29331193120 Legal Description: Creekside Commerce Park West, Unit Two, Lot 8 Folio #29331193081 Legal Description: Creekside Commerce Park West, Unit Two, Lot 6 Folio #: 00168049000 Legal Description: 27 48 25 COMM NW CNR SEC 27, S 125.02FT, N 44DEG E 34.99FT, S 89DEG E 573.45FT, S 89DEG E 500.61FT, S 89DEG E 768.26FT, S 02DEG E 1017.96FT, CONT S 02 DEG E 64.06FT to POB; SWLY 631.99FT, S 62.01FT, S73DEG E 658.13FT, N 02DEG W 392.22 TO POB. Page 7 Prepared by: INSTR 4652657 OR 4760 PG 471 Jeffrey A. Klatzkow RECORDED 1/31/2012 2:26 PM PAGES 8 County Attorney DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT 3299 Tamiami Trail East, Suite 800 COLLIER COUNTY FLORIDA Naples, FL 34112 REC $69.50 ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM AGREEMENT This Advanced Broadband Infrastructure Investment Program Agreement ( "Agreement ") is entered into this Z,4+HA day of v,vc� , 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 Arthrex, Inc. and Arthrex Manufacturing, Inc., hereinafter \ collectively referred to as " Arthrex." All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Advanced Broadband Infrastructure Investment Program Ordinance, Ordinance No. 2005 -56, as amended. RECITALS: WHEREAS, on November 1, 2005, The Board of County Commissioners ( "Board ") enacted Collier County Ordinance No. 2005 -56, commonly referred to as the Collier County Advanced Broadband Infrastructure Investment Program Ordinance, codified as Article V of Chapter 49 of the Code of Laws and Ordinances of Collier County Florida, hereinafter referred to as the "Ordinance;" and WHEREAS, the Ordinance provides that its purposes are to: "(1) Establish an advanced broadband infrastructure investment program for the purpose of enhancing Collier County's economic diversification efforts; (2) Provide for the economic well being of Collier County residents by providing better opportunities for high -wage employment 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, to be considered eligible for approval under this Program, a business or project must meet certain stated criteria, including that (1) the business or project is located within Eastern Collier County; is within the targeted industry list of the Economic Development Council of Collier County; and creates a minimum of 10 new full -time jobs paying an average Page 1 10 A wage of at least 115 percent of the County's current private- sector average wage; or (2) the business or project is a high impact project, located outside the enterprise community and Eastern Collier County; is within the targeted industry list of the Economic Development Council of Collier County; and creates a minimum of 20 full -time jobs paying an average wage equal to or greater than 150 percent of the County's current private- sector average wage; and WHEREAS, Arthrex submitted an application to be considered for the Program for two Projects. The first Project involves the construction in Eastern Collier of a manufacturing facility of approximately 200,000 square feet, to be located on a parcel whose legal description is attached as Exhibit A and is incorporated by reference herein. The second project involves the expansion of its existing Creekside campus by approximately 100,000 square feet of new /renovated facilities, to be located on a parcel(s) whose legal description is attached as Exhibit B and is incorporated by reference herein. A copy of this application is on file in the Growth Management Division, Impact Fee Administration Office. Arthrex is proposing to create 600 new qualifying jobs, phased over a three -year period, commencing June 30, 2014, at an average wage of $59,580 between both Projects; and 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 Advanced Broadband Infrastructure Investment Program as outlined and set forth in the Ordinance; and WHEREAS, at its June 28, 2011 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 Arthrex 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 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 Collier County Advanced Broadband Infrastructure Investment Program under the terms and conditions set forth below to assist Arthrex in expanding its existing Collier County business through the construction of a new 200,000 square foot (approximate) manufacturing facility to be located in Eastern Collier County Page 2 I0A and approximately 100,000 square foot renovation /expansion at its Creekside campus. Arthrex may utilize the award in either facility or may apportion the award between the two facilities. Prior to the issuance of the award Arthrex will notify the County in writing how it wishes to utilize the award. 3. In consideration for such assistance, Arthrex hereby accepts the benefits and burdens set forth below and in Ordinance 2005 -56, as amended. Should this Agreement conflict with Ordinance No. 2005 -56, the parties agree that the terms of the Ordinance shall prevail. 4. This Agreement will commence upon its execution by the County, and will terminate with the final Program payment to Arthrex. Arthrex must be fully compliant with its initial Program eligibility throughout the term of this Agreement. 5. The total value of payments to be approved under this Agreement will be the cost of the approved business project's system installation or upgrade, up to a maximum of $25,000. The funds will be paid in equal installments over a three -year time period, at the beginning of each fiscal year, beginning in the fiscal year after the infrastructure improvements have been verified as complete by the County Manager or his designee. This award is subject to funding availability for each fiscal year. 6. Arthrex will notify the County Manager or his designee, in writing, once the broadband infrastructure installation is complete. The County Manager or his designee will verify project completeness and obtain a copy of all invoices detailing costs related to such project. Arthrex will pay, or have already paid, its tax bill in full to the Collier County Tax Collector's office annually on or before the date it is finally due. Under this program, applicants are not eligible to pay their taxes on an installment basis. Arthrex will then submit a copy of their ad valorem tax payment receipt to the County Manager or his designee, verifying all taxes have been paid in full and on time for each year the company is eligible for payment under this program. Upon receipt, and verification of compliance with the terms of the Ordinance and this Agreement, payment to the applicant will be authorized within 60 days. 7. If the property which is subject to this Agreement is delinquent in the payment of its annual taxes or special assessments at any time within the payment period, then any outstanding balance to be paid will not be made unless and until all outstanding ad valorem property taxes and special assessments are paid in full. Page 3 Ioa 8. An annual review and audit of performance under this Agreement shall be performed by the County Manager or his designee to determine whether there has been good faith compliance with the terms of this Agreement. Arthrex shall give the County auditor full access to its business records and business premises as required to certify the created jobs. Arthrex understands that it must maintain the minimum number of qualifying jobs set forth in the Ordinance over the entire term of this Agreement. 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 terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. Arthrex shall be given 10 business days prior written notice of any review and audit. In addition to an annual audit, within 10 business days from the County's written request, Arthrex will provide the County with all requested documentation required to verify compliance with the terms of the Ordinance or this Agreement. 9. Neither the payment of funds, nor this Agreement, may be transferred, assigned, credited or otherwise conveyed without prior written approval from the County, which approval may be freely withheld. This Agreement will run with the land. 10. In the event Arthrex is in default under this Agreement, and the default is not cured within 30 days after written notice is provided to Arthrex, the Board may bring a civil action to enforce this Agreement or declare that the grant funds are thence immediately due and payable. The Board is entitled to recover all fees 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. 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 project such that it no longer meets the required Program criteria, including maintaining the minimum number of qualifying jobs; (2) failure to fully comply with all reasonable requests during any County audit conducted pursuant to this Agreement; and (3) upon the County Manager or his designee being informed of a material misrepresentation in the Application. 11. The County shall record this Agreement in the Public Records of the County, with all costs of recording being paid by Arthrex. After all obligations have been met, a satisfaction of agreement will also be recorded at Arthrex's sole expense. Page 4 10 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWI01-IT . BROCK, Clerk B s `'►tt� .h &tXClerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Y: FRED W. COYLE, Chairma Appr ved to form and Re end Approval: legal 1 ' cy_ Jeffrey,,, la kow Ni asalangui a Coun A rney Deputy Administrator Growth Management Division Page 5 AS TO ARTHREX, INC. AND ARTHREX MANUFACTURING, INC. Signed,, led and Deli er in the pr Bence of: Signature Printed Name 7 Si ature Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing ' �-,) , 2012, Manufacturing, Inc. By: R. S tt Price, Vice President Arthrex, Inc. and Arthrex Manufacturing Inc. Agreement was acknowledged before me this by R. Scott __ Price" ice President Arthrex, Inc. and who is ersonall known to me or has as proo o i en i [NOTARIAL SEAL] il a Notary Public State o/ Florida �y . Donna J Brown My Commission EE100419 Expires 08/27/2015 Kj Signature of Person T Page 6 day of Arthrex produced Acknowledgment 10 A { Exhibit A RHODES &RffODD6' I.c "8U.RYE WG INC .PBIOO BONPPA GRANDE DR =107 BOMMA 6PRINOQ FLORIDA 34 185 -PHONE(M) A5-8188 FA%(XV) 4068164 LEGAL DESCRIPTION BEING A PORTION OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 88 055'34° WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 17, A DISTANCE OF 939.19 FEET; THENCE NORTH 01 004'26" WEST, A DISTANCE OF 350.o1 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, THE SAME BEING A POINT ON THE BOUNDARY OF THOSE CERTAIN LANDS DESCRIBED AS 'EXHIBIT "A" - D.R.I. LANDS' AND RECORDED IN OFFICIAL RECORDS BOOK 4040, PAGE 1711 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE RUN THE FOLLOWING THREE (3) COURSES ALONG THE BOUNDARY OF LAST SAID LANDS; COURSE NO. 1: SOUTH 88 °55'37" WEST, 188.88 FEET; COURSE NO, 2: SOUTR- 0 2: 6" WEST, 1,286.63 FEET; COURSE NO. 3: NORTH 00 027'04" WEST, 715.99 FE T;' RTING FROM SAID LANDS, NORTH 89 032'56" EAST, A DISTANCE OF 1 "A ON A NON - TANGENTIAL CURVE; THENCE SOUTHEASTERLY, 443. {,F ALONG THE A` CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A -OE -1044 oo FEET, HR UGH A CENTRAL ANGLE OF 24 021'36" AND BEING SUBTEN ED Y ORD�"C�V`Hf BF tS OUTH 22031'o6" EAST, 440.53 FEET; THENCE SOUTH 34° 1'5 TT D 25 ,15 FEET TO A POINT OF CURVATURE; THENCE SO H 1 o`.$ E G IHE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHW ST R Y, t�N F ' 56.00 FEET, THROUGH A CENTRAL ANGLE OF 13054'02'. DE RD WHICH BEARS SOUTH 27'44'53" EAST, 110.36 FEET T POINT OF BEGI ING. , CONTAINING 909,765 SQUARE =, @R 20.89 ACRES, Mn E OI r2ESS. SUBJECT TO EASEMENT, RESERVA *S- IONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LIR OF THE SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, AS BEING SOUTH 88 °55'34" WEST. EXHIBIT `B" Legal Description Folio #: 29334000045 AND 29334000029 Legal Description: LOTS 9 AND 10 UNIT 1, CREEKSIDE COMMERCE PARK WEST # 29334000045 Unit 2. Creekside Flex I, according to the Declaration of Condominium thereof as recorded in Official Records Book 4103, page 2598 of the Public Records of Collier County, Florida. #29334000029 Unit 1, of Creekside Flex I, A Commercial Land Condominium, according to the terms and conditions of the Declaration of Condominium thereof recorded in O.R. Book 4103, Pages 2598 et seq., as amended, of the Public Records of Collier County, Florida. Folio #29331193104 Legal Description: Creekside Commerce Park West, Unit Two, Lot 7 Folio #29331190741 Legal Description: Creekside Commerce Park West, Unit One, Lot 4 Folio #29331193120 Legal Description: Creekside Commerce Park West, Unit Two, Lot 8 Folio #29331193081 Legal Description: Creekside Commerce Park West, Unit Two, Lot 6 Folio #: 00168049000 Legal Description: 27 48 25 COMM NW CNR SEC 27, S 125.02FT, N 44DEG E 34.99FT, S 89DEG E 573.45FT, S 89DEG E 500.61FT, S 89DEG E 768.26FT, S 02DEG E 1017.96FT, CONT S 02 DEG E 64.06FT to POB; SWLY 631.99FT, S 62.01FT, S73DEG E 658.13FT, N 02DEG W 392.22 TO POB Page 8 Q C) %--4 (PLEASE PRINT CLEARLY) MEETING DATE i / // "--7- - AGENDA ITEM TITL C94704"r/ �1'11104 Agenda Item # /o A (Circle Meetin Type) Regular Special Workshop Budget / AA 7' #o P l NAME _ f_ i��A �T�Of?� ADDRESS Representing/ Petitioner: vv Other: ;: G ®K 1 '/j/c - 2e COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD a Memorandum 10A I � M,--, To: Martha Vergara, Deputy Clerk, Minutes and Records From: Amy Patterson, Impact Fee and Economic Development Manager Date: April 3, 2012 Subject: Recording of Lien — Arthrex In accordance with the terms of the attached Fee Payment Assistance Agreement (O.R. 4760 PG 456), between Collier County and Arthrex, Inc., Arthrex Manufacturing, Inc. and RES Collier Land Holdings, LLC, requiring the recording of a lien upon payment of impact fees for the Project, please re- record the Agreement as a Lien. The account information for the recording costs is 107 - 138920 - 649030. If you have any questions or need any additional information, please feel free to contact me at 252 -5721. Thank you. 10 p 1 " "I A � J1. Memorandum To: Martha Ver ara, Deputy Clerk, Minutes and Records g P tY From: Amy Patterson, Impact Fee and Economic Development Manager Date: April 3, 2012 Subject: Recording of Lien — Arthrex In accordance with the terms of the attached Fee Payment Assistance Agreement (O.R. 4760 PG 456), between Collier County and Arthrex, Inc., Arthrex Manufacturing, Inc. and RES Collier Land Holdings, LLC, requiring the recording of a lien upon payment of impact fees for the Project, please re- record the Agreement as a Lien. The account information for the recording costs is 107- 138920 - 649030. If you have any questions or need any additional information, please feel free to contact me at 252 -5721. Thank you. INSTR 4652655 OR 4760 PG 456 RECORDED 1/31/2012 2:26 PM PAGES 8 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $69.50 INDX $1.00 Prepared by: Jeffrey A. Matzkow County Attorney 3299 Tamiaml Trail East, Suite 800 Naples, FL 34112 This space for recording AGREEMENT FOR FEE PAYMENT ASSISTANCE PROGRAM 0 This Agreement for Fee Payment Assistance for the payment of Impact Fees is entered into this Zqk4N day ofZ6.yua.r , 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 Arthrex, Inc. and Ayt 1 4p ylong, Inc., hereinafter referred to as "Arthrex," and, RES Collier Holdyrfcollecti WHEREAS, Collie Co O dial cc - , Assistance Ordinance, as it e her 1 en om the Code of Laws and Ordi � s of Collier Co For}+ to as the "Parties." ier County Fee Payment codified in Chapter 49 of referred to as the "Ordinance," provides for a pro Fee Payment As t, "for payment of impact fees to qualifying businesses (hereinafter re e�� j�, -_h{ io" '); and $ y WHEREAS, the Ordinance provides that its purposes "are to: (1) provide a performance - based program offering financial relief for eligible targeted industry development or expansion projects in Collier County to mitigate the effects of rising fees; (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 that the business or project is located within Eastern Collier County; is within the targeted industry list of the Economic Development Council of Collier County; and creates a minimum of 10 new full -time jobs paying an average wage of at least 115 percent of the County's current private- sector average wage; and Page 1 OR 4760 PG 457 l0A'R WHEREAS, Arthrex submitted an application to be considered for the Program for a Project involving the construction of a manufacturing facility of approximately 200,000 square feet, to be located on a parcel whose legal description is attached as Exhibit A and is incorporated by reference herein (which parcel is hereinafter referred to as the "Property"). A copy of this application is on file in the Growth Management Division, Impact Fee Administration Office; and 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 Fee Payment Assistance Program as outlined and set forth in the Ordinance; and WHEREAS, at its June 28, 1 11#1I�� application as well as the fin ' the County comment on this matter (1) o d Ar�hrex the outlined and set forth in the Or i review. the Board, having reviewed the pd staff, and following public 2 s for the Program as this Agreement for its NOW, THEREFO consideration of o g / ecitals, and other good and valuable consideration, the rece' sufficiency of w ereby mutually acknowledged, the Parties agree as follows: lu 1. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. The Board hereby agrees to enroll Arthrex into the Fee Payment Assistance Program under the terms and conditions set forth below to assist Arthrex in expanding its existing Collier County business through the construction of a new 200,000 square foot (approximate) manufacturing facility to be located in Eastern Collier County. 3. In consideration for such assistance, Arthrex hereby accepts the benefits and burdens set forth below and in Ordinance 2003 -61, as amended. Should this Agreement conflict with Ordinance No. 2003 -61, the parties agree that the terms of the Ordinance shall prevail. 4. As set forth in Exhibit B, Arthrex is entitled to a maximum incentive award in the sum of $1,070,150. This incentive award is a grant by Collier County to pay Arthrex's impact fees as they become due for the Project. Impact fees are generally due on the fling of a site development plan and upon the issuance of building permits. Arthrex understands and agrees Page 2 OR 4760 PG 458 that there is no defined funding source for this Project, and as such these grants are subject to annual appropriation. 5. Upon payment by the County of Arthrex's impact fees for the Project, such payment of impact fees will constitute a lien on the Property, which lien shall run with the land and may be foreclosed upon in the event of non - compliance with the requirements of this Agreement, or should any of the representations set forth in the Application be untrue or unfulfilled. Neither the payment of impact fees nor this Agreement may be transferred, assigned, credited or otherwise conveyed without the prior written approval from the County, which approval may be freely withheld. 6. The amount of the impact fees paid by the Program will in all events become due and payable and shall be immediatel y #1 -,c�- 0 f ty by Arthrex and/or the then current property owner if the Property ' r6 transferre prior written approval from the �4 County at any time after the f st cat of Occu ancy b en issued for the development and prior to the 10 -year obli atiopenod arm im a t fees ust be paid in full to the County. Any outstanding (i.e., as ye no a aidj will become due and payabl sale or transfer prior to expira i� f the 7. On Arthrex's re be subordinated to all first mortgagoi will automatically be subordinate to !' p ct e t r vio sly paid under this program i that o the County in the event of program obl 'o p 3 at the County's d.o� tion, the County's interest may p j(se�c ty interests. The County's interest E 0 t'li -p .06 s recorded first mortgage and/or any government funded affordable business loan such as the U.S. Small Business Administration (SBA) or the U.S. Department of Agriculture (USDA) loan. 8. This Agreement will expire 10 years after the first Certificate of Occupancy has been issued for the Project. Following this expiration, and upon satisfactory completion of all requirements of this Agreement, at the then property owner's request and sole expense, the County will 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. 9. Under this Agreement an annual review shall be performed by the County to determine whether there has been good faith compliance with the terms of this Agreement. Arthrex shall give the County reviewer full access to its business records and business premises as required to certify the created jobs. If the County Manager or his designee finds, on the basis Page 3 OR 4760 PG 459 10 A t of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. Arthrex 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, Arthrex will provide the County with all requested documentation required to verify compliance with the terms of the Ordinance or this Agreement. In the event Arthrex is in default under this Agreement, and the default is not cured within 30 days after written notice is provided to Arthrex, 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 and costs, including attorney's fees and costs, incurred by the County in enforcing t4wi� �t , interest at the then maximum statutory rate for final judgments, calculat�- ( ndar day'. of the County are in addition hts and: Arthrex be in default or othe s 1_l"s of 1 0. By way of e l Moa I breach upon the following e nt it no longer meets the requi rogram criteria, Agreement; (2) failure to fully with all re conducted pursuant to this Agree eai ; n- I paid. These rights and remedies h�t the County may have should or this Agreement. cement will be in substantial business or project such that either the Ordinance or this Vests during any County review Manager or his designee being informed of a material misrepresentation �irrte ' ation; (4) 10 new jobs are not in place by June 30, 2014, at an average wage of not less than $44,527 or a time extension has not been granted by the Board of County Commissioners related to the timing for the creation of the jobs, or (5) failure by Arthrex to pay its tax bill in full to the Tax Collector's Office annually, on or before the date it is due. 11. This Agreement will be recorded in the Official Records of Collier County at Arthrex's sole expense. When all obligations have been meet under this Agreement, the County will record a satisfaction of lien in the public records of Collier County, at the company's expense. Page 4 OR 4760 PG 460 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. ro�f1WIG1E,BROCK, Clerk Deputy Clerk to chairtaft BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: w. FRED W. COYLE, Chairm C 0(/ App ve to form and Re legal su c i ncy: Jeffre3 s Clatzkow Coun A orney Df T L ow Page 5 E--+ Division OR 4760 PG 461 AS TO ARTHREX, INC., ARTHREX MANUFACTURING, INC., and RES COLLIER HOLDINGS, LLC: Signed, sealed and Delivered in the presence of: V, ttka bhp Printed Name Printed Name Print Name STATE OF FLORIDA COUNTY OF COLLIER By: Y� R.- -Stott- Price. Vice President C Manufacturing, Inc. and RES Collier chin s, LLC CO) p� Go GF rIlE CTRC�� ^^��;; The foregoing Agreement was acknowledged before me this day of JNIJ , 2012, by R. Scott Price, Vice President, Arthrex, Inc., Arthrex Manufacturing, Inc. and RES Collier Holdings, LLC, who is ersonally known to me r has produced as proof of identity. [NOTARIAL SEAL �.OP P Notary Public State of Florida Donna J Brown My Commission EE100419 oih° Expires 08127 /2015 Signature of Person Page 6 Acknowledgment OR 4760 PG 462 10A gip- , Exhibit A DIODES &R ffOPM LA" 8 URVEY Mt "G mm -uomrA awmEDR S=107 BON1Td snu lM4 FLORIDA U135 ,PBOAT (FX) AMIM PAX (00) 4048109 LEGAL DESCRIPTION BEING A PORTION OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 88 055'34° WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST 114 OF SAID SECTION 17, A DISTANCE OF 939.19 FEET; THENCE NORTH 01 °0426" WEST, A DISTANCE OF 350.o1 FEET TO THE EOINT OF BEGINNING OF THE PARCEL gyJAND HEREIN DESCRIBED, THE SAME BEING A POINT ON THE BOUNDARY OF THOS lit DESCRIBED AS 'EXHIBIT "A" - D.R.I. LANDS' AND RECORDED IN OFFI 4o, PAGE 1711 OF THE PUBLIC RECORDS OF SAID COLLIER CO RIDA; THE THE FOLLOWING THREE (3) COURSES ALONG THE BOUND LAST SAID LAND SE NO. 1: SOUTH 88 055'37" WEST, 188.88 FEET; 6" WE S 1,2 6.63 FEET; COURSE N0. 3: NORTH oo °z7'o4" WEST, 71 .99 E , TIN FR M SAID LANDS, NORTH 89 °32'56" EAST, A DISTA' OF A ON- TANGENTIAL CURVE; THENCE SOUTHEASTERLY, 43. A CIR ULAR CURVE, CONCAVE NORTHEASTERLY, HAVING 4 o UG A CENTRAL ANGLE OF 24 021'36" AND BEING SUBTE B S 22031'o6" EAST, 440.53 FEET; THENCE SOUTH 34 T 2 FEET TO A POINT OF CURVATURE; THENCE SO 10. E ARC OF A CIRCULAR CURVE, CONCAVE SOUTHW Y, N 56.0o FEET, THROUGH A CENTRAL ANGLE OF 13 054'02' DE ORD WHICH BEARS SOUTH 27 044'53° EAST, 110.36 FEET T F BE I 1 CONTAINING 909,765 SQUARE SUBJECTTO EASEMENT, RESERVAIIW _ ,IONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH L- IME OF THE SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, AS BEING SOUTH 88 055'34" WEST. * ** OR 4760 PG 463 * ** 10A 00a11.31 a I.% Impact Fee Amount Maximum Incentive Award: Capital Investment x millage rate x years in program $25, 000, 000 x. 0042806 x 10 = $1,0 70,150 Impact Fee Amount to on Behalf of Arthrex: co U -0 IE c Page 8