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HomeMy WebLinkAboutIMPACT FEE AGREEMENTSCANNED BY IFMA- iri- C)OL— St. Lucie County ST. LUCIE COUNTY IMPACT FEE MITIGATION AGREEMENT THIS AGREEMENT is made as of the It) day of -c— , 2017, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, herein after referred to as the COUNTY, and MAVERICK BOAT GROUP, INC., a corporation authorized to do business in the State of Florida, herein after referred to as the COMPANY, whose Federal I.D. number is 592481128. WITNESSETH: WHEREAS, it is the policy of the COUNTY to stimulate economic growth in St. Lucie County, by either attracting new businesses to St. Lucie County or by encouraging the expansion of existing businesses within St. Lucie County; and, WHEREAS, the creation of new employment opportunities for residents of St. Lucie County and the increased tax revenues resulting from such business expansion or relocation within St. Lucie County is beneficial to the local economy; and, WHEREAS, pursuant to Section 24-1, St. Lucie County Code of Ordinances and Compiled Laws, a copy of which is attached hereto and incorporated herein as Exhibit "A", the COUNTY has established an Economic Development Impact Fee Mitigation Program, for certain qualified target industry businesses to mitigate any real or perceived disadvantage occurring from the imposition of impact fees in order to create permanent employment expansion opportunities for County citizens; and, WHEREAS, the COMPANY intends to expand its existing business in St. Lucie County by constructing a new industrial facility in excess of 106,000 square feet (the "Project") and thereby create certain new employment opportunities having a specific wage level or higher in St. Lucie County in accordance with the Economic Development Impact Fee Mitigation Program criteria if the COUNTY provides to the COMPANY an Economic Development Impact Fee Waiver; and, WHEREAS, the COMPANY has been determined to be eligible to receive an Economic Development Impact Fee Waiver pursuant to Section 24-1(e)(1) by the COUNTY'S County Administrator; and, WHEREAS, the COMPANY acknowledges that this Agreement shall be based upon the COMPANY'S obtainment of the performance requirements as outlined in this Agreement; and, WHEREAS, the COUNTY finds and declares that it is in the public interest to award an Economic Development Impact Fee Waiver to COMPANY pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows: Section 1. Incorporation by Reference. The above recites are true and correct and are made a part of this Agreement by reference. Section 2. Impact Fee Waiver. Pursuant to St. Lucie County Economic Development Impact Fee Mitigation Program and Florida Statutes, the COMPANY is entitled to a waiver of St. Lucie County road impact fees for the Project, as such fees are set forth in Chapter 24, Article Vill, Road Impact Fees, St. Lucie County Code or Ordinances and Compiled Laws, rn .eT n o _ g1K000F0"_`Raad=linpac Fees"), based upon twenty-six (26) new employees meeting the threshold requirements set forth in Section 24-1(a) (1) multiplied by $3,500.00 per such employee. Section 3. Performance Standards. The COMPANY shall comply with the following performance standards during the term of this Agreement: A. Construct the Project with a final inspection on or before December 31, 2018. B. Provide the COUNTY with the following documentation for each quarter following the final inspection of the Project to demonstrate that job creation and salary level commitments have been achieved as set forth in Subsection 24-1(h)(1), St. Lucie County Code of Ordinances and Complied Laws: (1) COMPANY'S quarterly report (UCT-6); (2) Total gross hours worked and total gross wages for all employees; and, (3) Total gross hours worked and total gross wages for top two wage earners. Section 4. Term. This Agreement shall take effect on the date first above written and shall continue for a period of ten (10) years from the date of issue of the final inspection for the Project subject to the COMPANY'S compliance with the provisions of Section 24-1(h)(1), St. Lucie County Code of Ordinances and Compiled Laws. In the event the COMPANY fails to meet the required performance standards for any year during the ten (10) year period, it shall be required to pay the waived Road Impact Fees on a pro rate basis for each year it is out of compliance. Section 5. Assignability of Waiver. The COMPANY may assign all or part of the waiver provided herein described in Section 2 above to successors in the title and interest. Such assignments shall be by recordable written instrument. Before the assignment is effective, a copy of the assignment shall be provided by the COMPANY to the COUNTY, at the address set forth below and the original assignment shall be recorded in the public records of St. Lucie County: Section 6. Limitation of Waiver. The Waiver established by this Agreement is applicable only to the Project as legally described in Exhibit "B". The Waiver is not transferable to any other property owned by the COMPANY in St. Lucie County and shall not be transferable as a waiver against other impact fees imposed for purposes other than roads. Section 7. Recordability of Agreement This Agreement shall be recorded by the COUNTY in the public records of St. Lucie County, and shall be binding upon the COMPANY and any successors in interest and title to the properties described in Exhibit "B". Section 8. Annual Reporting. The COMPANY shall submit a report on an annual basis to the COUNTY, summarizing the Credits utilized during the reporting period and cumulatively following the effective date of this Agreement. The report shall indicate the building permit numbers, the dates of issuance of those permits and description of the permitted activity which relied on the Credits. Section 9. Effective Date. This Agreement shall be deemed effective upon approval by the COUNTY. Section 10. Notices. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, addressed to: As to COUNTY: St. Lucie County Administrator Administration Annex Building 2300 Virginia Avenue Fort Pierce, Florida 34982 As to COMPANY: Maverick Boat Group, Inc. 3207 Industrial 29'" Street Fort Pierce, Florida 34946 With a copy to: St. Lucie County Attorney Administration Annex Building 2300 Virginia Avenue Fort Pierce, Florida 34982 or to such other address as any party may designate by notice complying with the terms of this Section. _Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date telecommunicated if by telegraph, (c) on the date of transmission with confirmed answer back if by telegraphic communication, and (d) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. Whenever any party hereto is required to give the approval or disapproval to any matter contained herein, such approval or disapproval shall be given within twenty (20) days from receipt of written requests for approval or approval shall be deemed to be granted. Section 11. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. Section 12. Pronouns. In this Agreement, the use of any gender shall be deemed to include all genders, and the use of the singular shall include the plural, wherever it appears appropriate from the context. Section 13. Survival. All covenants, agreements, representations and warranties made herein or otherwise made in writing by any party pursuant hereto shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. Section 14. Waivers. The failure or delay of any party prior to a period which would constitute laches at any time to require performance by another party of any provision of this Agreement, even if known, shall not affect the right of such party to require performance of that provision or to exercise any right, power or remedy hereunder, and any waiver by any party of any breach of any provision of this Agreement should not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in any case shall, of itself, entitle such party to any other or further notice or demand in similar or other circumstances. Section 15. Mediation. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. Section 16. Governing Law: Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of laws. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of: ATTEST: &Zaa1 eputy Clerk ATTEST: Secretary BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUN R BY: Chair n APPROVED AS TO FORM AND CORRECTNESS: BY: �:� ��. County Attorney MAVERICK BOAT GROUP, INC. BY:)( . President EXHIBIT "A" Section 24A, St. Lucie County Code of Ordinances Sec. 24-1. - Economic development impact fee mitigation program. (a) For the purpose of this section, the term "qualified target industry business" shall mean a new or expanding business in the county that has a positive economic and fiscal impact on the county and meets the requirements of F.S. § 288.106, or its statutory successor in function, as a qualified target industry business. For the purpose of this section, the term "applicant" shall include any person, company, research institute or business park developer that will house qualified target industry businesses. (b) For the purposes of this section, the term "locally owned and operated small business" shall mean a target industry continually operated in St. Lucie County for at least three years which is owned and operated by a St. Lucie, Martin, Indian River or Okeechobee County resident whose homestead is located in St. Lucie, Martin, Indian River, Okeechobee County, and which employs 50 or fewer employees. (c) Because the imposition of the impact fees herein may place the county in a non-competitive position with other local governments that have chosen not to require growth to pay its fair share of needed capital facilities, thus hindering efforts by the county and the community to encourage economic development opportunities within the county and to create permanent employment expansion opportunities for the county's citizens, there is hereby created an economic development impact fee mitigation program for certain qualified target industry businesses to mitigate any real or perceived disadvantage occurring from the imposition of the impact fees. (d) This program is not intended as an entitlement program. The program is intended to provide the board of county commissioners the opportunity, in its sole discretion, to grant impact fee mitigation to qualified target industry businesses. (e) To be eligible for an economic development impact fee waiver, an applicant must meet the following requirements: (1) Qualify as a qualified target industry business and create a minimum of ten new jobs or a ten percent increase in existing employment (whichever is greater) with an average private sector wage (excluding benefits) of at least 107 percent of the county's average private sector wage (excluding the top two executive salaries) and provide a benefit package that includes health insurance and remain in the county for a minimum of ten years; or (2) Qualify as a qualified target industry business and create a minimum of ten new jobs or a ten percent increase in existing employment (whichever is greater) with an average private sector wage (excluding benefits) of 100 percent of the county's average private sector wage (excluding the top two executive salaries) and make a capital investment in the county of $10,000,000.00 or greater in construction, renovations, equipment purchases, or other major capital investment items and remain in the county for a minimum of ten years; or (3) Qualify as a locally owned and operated small business and create a minimum of ten new jobs with an average private sector wage (excluding benefits) of 100 percent of the county's average private sector wage (excluding the top two executive salaries) and provide a benefit package that includes health insurance and remain in the county for a minimum of ten years; and (4) Enter into an agreement with the county wherein the applicant agrees to locate or expand its business operations totwithin the county for a period of at least ten years. The agreement will also require the applicant to provide the county with the applicant's quarterly report (UCT-6) and all other documentation to demonstrate that the job creation and salary level commitments were achieved. (f) Any applicant seeking an economic development impact fee waiver shall file an application for waiver with the county administrator prior to the issuance of the building permit for the subject capital facilities impact construction. The application shall contain: (1) A designation of the capital facilities impact construction for which the application is being submitted, including a current and complete legal description of the property upon which the qualified target industry business is proposed to be located; (2) The name and address of the owner of the property upon which the qualified target industry business is proposed to be located; (3) Proof that the capital facilities impact construction will be a qualified target industry business; (4) A notarized affidavit and all necessary supporting evidence affirming that the applicable requirements of subsection (e) of this section will be met within one year of the date the certificate of occupancy is issued which term may be extended by the board of county commissioners upon good cause shown; and (5) Other necessary information as determined by the county administrator. (g) Any applicant who submits an application for economic development impact fee mitigation pursuant to this section and desires the immediate issuance of a building permit prior to approval of the application shall pay the impact fees imposed herein. Should the board of county commissioners approve and accept the mitigation application, the mitigation amount shall be refunded to the applicant or owner. (h) If the applicant meets the requirements provided above for mitigation, the applicant shall be eligible for the following: (1) If the applicant qualifies under subsection (e)(1) of this section, it shall be eligible to receive an economic development impact fee mitigation in the following amounts; provided, however, that the board may increase these waiver amounts in the event the applicant exceeds these requirements: Number of Jobs Created Percent of Average Private Sector Wage Waiver Amount Minimum of 10 107% plus benefits $3-,50"T—perjob created" Minimum of 10 150% plus benefits $5,000.00 per job created Minimum of 10 200% plus benefits $7,500.00 per job created (2) If the applicant qualifies under subsection (e)(2) of this section, it shall be eligible to receive an economic development impact fee mitigation in the following amounts; provided, however, that the board may increase these mitigation amounts in the event the applicant exceeds these requirements: Number of Jobs Created Total Capital Investment Waiver Amount Minimum of 10 $10,000,000.00 to $14,999,999.99 40% of total county impact fees Minimum of 10 $15,000,000.00 to $19,999,999.99 50% of total county impact fees Minimum of 10 $20,000,000.00 or more 60% of total county impact fees (3) If the applicant qualifies under subsection (e)(3) of this section, it shall be eligible to receive an economic development impact fee mitigation in the following amounts; provided, however, that the board may increase these waiver amounts in the event the applicant exceeds these requirements: Number of Jobs Created Percent of Average Private Sector Wage Waiver Amount Minimum of 10 100% plus benefits $3,500.00 per job created Minimum of 10 140% plus benefits $5,000.00 per job created Minimum of 10 185% plus benefits $7,500.00 per job created (4) Each applicant shall only be eligible for mitigation under either subsection (e)(1), (e)(2) or (e)(3), but not in combination. (i) If the county administrator finds that the applicant meets the requirements provided herein for mitigation, the county administrator shall agenda an impact fee mitigation agreement before the board of county commissioners, which shall contain, but not be limited to, the county impact fee mitigation application for qualified target industries and any other documents as requested by the county administrator. Because this program is not an entitlement program, the board may reject the request for mitigation without cause. 0) Any incentive approved pursuant to the economic development impact fee mitigation program shall be paid from other legally available funds (other than impact fees). (k) Any request for economic development impact fee mitigation must be submitted to the county by the applicant prior to the applicant deciding whether or not they will expand or locate in the county. (Code 1982, § 1-7.55-1; Ord. No. 08-007, pt. A, 1-15-2008; Ord. No. 15-009, pt. A, 7-21-2015) EXHIBIT "B" Legal Description The Northwest''%, of the Northeast'/ of Section 31, Township 34 South, Range 40 East, less the North 98 feet lying in St. Lucie County, Florida..