Backup Documents 09/14/2021 Item #16F 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F g
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP l a-I 7l
Complete routing lines#1 through#2 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#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney Office inn 'a ,OdI„I
2. BCC Office Board of County CM
1 / l� �
Commissioners IQ)c /; iZfr j
3. Minutes and Records Clerk of Courts Office
\OI7J1Ii i 1%31 pry
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff Phone Number
Contact/ Department 3-4 WN\ E__ 'F 6 C O
Agenda Date Item was Agenda Item Number
Approved by the BCC -t � '� � I(O Fg
Type of Document \l`NO ' FO 0 08. 4 n Number of Original
Attached f\.1 Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? STAMP OK) )(. N/A
2. Does the document need to be sent to another agency for additional signa res? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. 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 1.30
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's 1,) N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. 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.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. �w
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
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!
8. The document was approved by the BCC on above date and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the ae an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Tuesday, December 21, 2021 9:20 AM
To: JenniferLeslie
Subject: Item #16F8 (9-14-21 BCC Meeting)
Attachments: Backup Documents 09_14_2021 Item #16F 8.pdf
Good Morning Jennifer,
Please find the attached for your records.
Thank you!
Ann Jennejohn
13MR Senior Deputy Clerk II
` vAT�Ya.k Clerk to the Value Adjustment Board
,�.7" r Office: 239-252-8406
x Fax: 239-252-8408 (if applicable)
Ann.Jennejohn@Coll iernerk.com
rffr. Office of the Clerk of the Circuit Court
ry'�``K„`'' Cow►ptroller of Collier County
32q Tavniavni Trail, Suite #4O1
Naples, FL 34112-5324
www.CollierClerk.covvt
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16.F.8
09/14/2021
EXECUTIVE SUMMARY
Recommendation to execute a Board-directed agreement with The Immokalee Foundation, to
offset development costs on a housing subdivision for the Career Pathways Learning Lab, in the
amount$500,000.
OBJECTIVE: To approve the agreement directed by the Board to offset development costs from an
eighteen (18) home subdivision underway in Immokalee to support The Immokalee Foundation's Career
Pathways Learning Lab.
CONSIDERATIONS: At the July 13, 2021 Regular Meeting,the Board approved Item 16.F.10 directing
the County Manager to develop an economic development agreement to offset$500,000 of development
fees for the Foundation Way subdivision in Immokalee as part of the Career Pathways program for the
Immokalee Foundation.
Staff has worked with Immokalee Foundation staff to construct the attached agreement.
FISCAL IMPACT: A grant totaling in the amount of$27,778 on each of the eighteen(18) homes in the
Foundation Way subdivision will be paid upon issuance of a Certificate of Occupancy to offset
development costs. Following Board approval in July, a budget amendment was directed from Economic
Development Fund(007)to establish a project fund for the Foundation Way project.
GROWTH MANAGEMENT IMPACT: This request is consistent with Objective 3 of the Economic
Element of the Collier County Growth Management Plan which states: "Collier County will support
programs which are designed to promote and encourage the recruitment of new industry as well as the
expansion and retention of existing industries in order to diversify the County's economic base."
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as
to form and legality, and requires a majority vote for approval. -JAK
RECOMMENDATION: To execute a Board-directed agreement with The Immokalee Foundation, to
offset development costs on a housing subdivision for the Career Pathways Learning Lab, in the amount
$500,000.
Prepared by: Sean Callahan,Deputy County Manager
ATTACHMENT(S)
1. Economic Development Agreement-Immokalee Foundation- Signed (PDF)
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16F �
16.F.8
09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.8
Doe ID: 19999
Item Summary: Recommendation to execute a Board-directed agreement with The Immokalee
Foundation, to offset development costs on a housing subdivision for the Career Pathways Learning Lab,
in the amount$500,000.
Meeting Date: 09/14/2021
Prepared by:
Title: —County Manager's Office
Name: Sean Callahan
09/07/2021 11:38 AM
Submitted by:
Title:—County Manager's Office
Name: Sean Callahan
09/07/2021 11:38 AM
Approved By:
Review:
Corporate Business Operations Jennifer Reynolds Additional Reviewer Completed 09/07/2021 12:02 PM
County Manager's Office Sean Callahan Additional Reviewer Completed 09/07/2021 4:28 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 09/08/2021 8:32 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/08/2021 8:35 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/08/2021 4:48 PM
County Managers Office Sean Callahan Level 4 County Manager Review Completed 09/08/2021 5:11 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
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16.F.8.a
16F8
ECONOMIC DEVELOPMENT AGREEMENT
This Economic Development Agreement (hereinafter referred to as "Agreement") is
entered into this 1 •:day of 2021, by and between Collier County, a political
subdivision of the State of Florida, through its Board of County Commissioners (hereinafter
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referred to as the"County"),and The Immokalee Foundation,a Florida not-for-profit organization u_
(hereinafter referred to as"The Foundation"),whose address is 2375 Tamiami Trail N., Suite 308,
Naples,FL 34103.
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RECITALS: rn
WHEREAS,Collier County enjoys broad Home Rule Powers,which include the authority03
to enter into agreements to enhance economic development within the County; and
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WHEREAS,Florida Statute Sec. 125.045 expressly provides that"The governing body of d
a county may expend public funds to attract and retain business enterprises,and the use of public
funds toward the achievement of such economic development goals constitutes a public purpose.
The provisions of this chapter which confer powers and duties on the governing body of a county,
including any powers not specifically prohibited by law which can be exercised by the governing
body of a county,must be liberally construed in order to effectively carry out the purposes of this Q
section;" and further that "it constitutes a public purpose to expend public funds for economic
development activities,including,but not limited to,developing or improving local infrastructure, o
issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing o
plants, leasing or conveying real property, and making grants to private enterprises for the
expansion of businesses existing in the community or the attraction of new businesses to the c
community;"and °
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WHEREAS,the Learning Lab is a program of The Foundation's Career Pathways, which
provides the youth of Immokalee with robust after-school and summer programming that prepares
them for well-paying, in-demand professional careers in engineering and construction
management;and
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16.F.8.a
WHEREAS, the Foundation is in the process of building eighteen (18) homes in a
subdivision in Immokalee,Florida,which constriction is utilized as part of the hands-on training
program by the Foundation; and
WHEREAS,the Board expressly finds that this project will result in substantial economic
benefits to the County,including solidifying the workforce in critical industries that have ongoing c
shortages of skilled workforce; and
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WHEREAS, on July 13, 2021, the Board approved an executive summary directing the •
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development of a workforce development grant agreement with The Foundation, to offset
development costs on a housing subdivision for the Career Pathways Learning Lab,in the amount
of$500,000.
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NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and o
valuable consideration,the receipt and sufficiency of which is hereby mutually acknowledged,the 0
Parties agree as follows: u_
1. The foregoing Recitals are true and correct and are incorporated by reference o
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herein. E
2. The Board hereby agrees to assist The Foundation with this project with a grant
totaling up to$500,000. The grant shall be paid in installments, each in the amount of$27,778,
payable within 30 days upon issuance of a Certificate of Occupancy on up to eighteen(18)homes
in the Foundation Way subdivision. As a condition to receiving payment,The Foundation must
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provide the County with a letter stating that the home was utilized as part of the hands-on training
program by the Foundation.
3. This Agreement is personal to The Foundation, shall constitute a lien on the
property(provided such lien shall be subordinate to any and all other security interests placed on °
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the property), and cannot be assigned or transferred by The Foundation without the prior written w
consent from the County other than as provided in this Section.
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16.F.8.a
Legal Matters
4. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest. All notices and other
communications required or permitted hereunder shall be in writing and shall be sent by Certified
Mail,return receipt requested,or by a nationally recognized overnight delivery service,and addressed
as follows: co
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To Count+: To The Foundation:
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Collier County The Immokalee Foundation
Attn: County Manager Attn: Operations Director N
3299 Tamiami Trail E, Suite 200 2375 Tamiami Trail N., Suite 308
Naples,Florida 34112 Naples,FL 34103
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Phone: (239)252-8383 Phone: (239)430-9122 d
Facsimile: (239)252-4010
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Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
5. This Agreement constitutes the entire agreement between the parties with respect
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to the activities noted herein and supersedes and takes the place of any and all previous agreements
entered into between the parties hereto relating to the transactions contemplated herein. All prior
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representations,undertakings,and agreements by or between the parties hereto with respect to the
subject matter of this Agreement are merged into, and expressed in,this Agreement,and any and o
all prior representations, undertakings,and agreements by and between such parties with respect w
thereto hereby are canceled.
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6. Nothing contained herein shall be deemed or construed to create between or among
any of the parties any joint venture or partnership nor otherwise grant to one another the right,
authority or power to bind any other party hereto to any agreement whatsoever.
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16.F.8.a
7, This Agreement shall be governed by the laws of Florida. In the event state or
federal laws are enacted after the execution of this Agreement, which are applicable to and
preclude in whole or in part the parties'compliance with the terms of this Agreement,then in such
event this Agreement shall be modified or revoked as is necessary to comply with such laws,in a
manner which best reflects the intent of this Agreement.
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8. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this Agreement. The
County shall pay all costs of recording this Agreement. The County shall provide a copy of the
recorded document to The Foundation upon request.
9. In the event of a dispute under this Agreement, either party may file an action for
relief in the Circuit Court of Collier County as the sole and exclusive venue for any dispute arising
under this Agreement to enforce the terms of this Agreement, said remedy being cumulative with 773
any and all other remedies available to the parties for the enforcement of this Agreement,with the
prevailing party entitled to all costs and expenses associated with such suit, including reasonable a
attorney's fees. 73
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Remainder of Page Intentionally Left Blank
Signature Page to Follow
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16.F.8.a
W WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Attest:
-: Kry l K. Kinzel, Clerk BO' ' i O •�.LINTY COMMISSIONERS
, • COLL: ••LINTY,FLO'41 • c
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;41e, ty Clerk Penny lor,Chair o
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stcinelt0e only. cn
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Approved as tto,/Form and Legality:
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poi:Jeffrey A.Klatzkow,County Attorney Coin in
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AS TO I" IL IMMOKALEE FOUNDATION: 0
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By. ...." m
Signature o
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t`40 ‘ . Perez E
Printed Name _
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?rtsicke "' c CEO I
Title °1
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STATE OF FL A c
COUNTY OF C Ant. - 15
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The foregoing Agreement was cknowled•'ed before me by means of 'physical presence o
or _ online notarization, this day of �,; 2021, by Noeriti 4. P.are2 as o
'y.ed,vit 4 CEO for The Immokalee Foundation. (name) w
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(ttile) c
Personally known to me OR 0
Has produced as identification
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;= MY COMMISSION#HH 113910 .t
AL ` EXPIRES:August 4,2025 Notary name: L i Y 4. t'tu G,tOS
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