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Backup Documents 01/24/2012 Item #16A 6ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J 6 A t THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original 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 excention of the Chairman's signature . draw a line through routine lines # 1 through 44, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. ttYg & S (Initial) Applicable) 2. January 24, 2012 Agenda Item Number 16A6 3. 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, 4. Job Creation Agreement Number of Original 1 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Documents Attached aDl 6. Minutes and Records Clerk of Court's Office _TM C (2� r�Z 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 Amy Patterson Phone Number 252 -5721 Contact appropriate. (Initial) Applicable) Agenda Date Item was January 24, 2012 Agenda Item Number 16A6 Approved by the BCC 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, Type of Document Job Creation Agreement Number of Original 1 Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached INSTRUCTIONS & CHECKLIST Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Rf Cordin q : us-e 4cc+ -W 10 - / 3M,)o - (YU30 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. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Rf Cordin q : us-e 4cc+ -W 10 - / 3M,)o - (YU30 Prepared by: Jeffrey A. Matzkow County Attorney 3299 Tamia►ni Trail East, Suite 800 Naples, FL 34112 INSTR 4651753 OR 4759 PG 597 RECORDED 1/27/2012 2:30 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $44.00 INDX $2.00 This space for recording I 6 A 6 JOB CREATION INVESTMENT PROGRAM AGREEMENT This Job Creation Investment Program Agreement ( "Agreement ") is entered into this a`li4' day of jgwa1" , 2012, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "County," and Animal Specialty Center of Florida, LLC, (a/k/a Animal Specialty Hospital of Florida, LLC) hereinafter referred to as "Employer." 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 creating 10 new jobs at 115% (or greater) of the then - current Collier County average wage ($44,527.00); in Eastern Collier County; and WHEREAS, Employer submitted an application to be considered for the Program for a new 24 -hour specialty referral & emergency animal hospital project, located at 10130 Market Street, Naples, Florida, on a parcel whose legal description is attached as Exhibit A and is incorporated by reference herein. A copy of this application is on file in the Growth Management Division, Impact Fee Administration Office. Employer is proposing to create 28 new, qualifying jobs at 115% or greater average wage; and Page I E 0 — 0 WHEREAS, the County Manager and staff have reviewed the application and, based on the representations therein, found that it complied with the requirements for the Job Creation Investment Program as set forth in the Ordinance; and WHEREAS, at its October 26, 2010 regular public meeting the Board, having reviewed the application as well as the findings of the County Manager and staff, and following public comment on this matter (1) found that Employer meets the requirements for the Program as outlined and set forth in the Ordinance, and (2) directed staff to prepare this Agreement for its review. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and 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 Employer into the Collier County Job Creation Investment Program under the terms and conditions set forth below to assist Employer in creating a 24 -hour specialty animal hospital. 3. In consideration for such assistance, Employer 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. Employer intends to create 28 new, qualifying jobs; 22 new jobs in FY 2011 (as verified by staff), 3 new jobs in FY 2012, and 3 new jobs in FY 2013, at 115% (or greater) of the then - current Collier County average wage ($44,527.00); in Eastern Collier County. 5. Employer is hereby awarded a grant in the sum of $56,000.00, representing $2,000.00 per new full -time job created, to be paid in phased amounts over a three -year time period as follows: a. FY 2012 $14,666.00 First payment Phase 1 — 22 jobs FY 2013 $16,667.00 Second payment Phase 1 — 22 jobs First payment Phase 2 — 3 jobs FY 2014 $18,667.00 Third payment Phase 1 — 22 jobs Second payment Phase 2 — 3 jobs First payment Phase 3 — 3 jobs Page 2 FY 2015 $4,000.00 FY 2016 $2,000.00 Third payment Phase 2 — 3 jobs Second payment Phase 3 — 3 jobs Third payment Phase 3 — 3 jobs 16A 6 6. Should at any time over the term of this Agreement the number of qualifying jobs is less then set forth in the payment schedule set forth above, for such payment period the County Manager or his designee will authorize a lesser sum be paid based on the actual number, provided that the actual number meets or exceeds the minimum number of qualifying jobs set forth in the Ordinance. This diminution of grant funds shall be the County's sole remedy should Employer not meet the scheduled job creation. Employer understands and agrees that there is no defined funding source for this Project, and as such these grants are subject to annual appropriation. 7. As a precondition to payment, Employer shall give the County reviewer full access to its business records and business premises as required to certify the created jobs. Employer 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 Employer. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first above written. Attest: ,� 2 DWIG4T E'.,BROQK�, Qk rk p4ty Clerk BOARD OF COUNTY COMMISSIONERS COLLIER-�MUNTY, FLORIDA By. �. FRED W. COYLE , Chairman Approv as orm and Re end approval: legal su ac Jeffrey A. 1 Nick Casalanguida, Dep dministrator County A r y Growth Management Division — Planning and Regulation Page 3 16A6 AS TO EMPLOYER Signed, sealed and / Delivered in the presence of: By, Signature Eric Carnes, Hospita ministrator, and Managing Member of FVNIC, LLC, the Managing Member of Animal Specialty Printej N e T Center of Florida, LLC, (a/k/a Animal "Az'Specialty Hospital of Florida, LLC) Signature Pr e Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me this 1 day of '� �Managin , 2012, by Eric Carnes, individually and as Managing Member of FVNIC, LLC, 4t emb er of Animal Specialty Center of Florida, LLC, (a/k/a Animal Specialty Hospital of Florida, LLC) who is pers lly known to me or has produced \ as proof of iden ity A [NOTARIAL SEAL] Page 4 SHARON SUE FRAZIER MY COMMISSION N EE 035411 + EXPIRES: October 28,2014 °rFOF FioFV Bonded Thru Budget Notary Services 16A 6 EXHIBIT "A" Legal Description Market Center Lot 3, Less that portion for Right -of -Way as described in O.R. 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