Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
10/28/2020 (2)
13 COUNTY COMMISSIONERS Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA -FINAL WEDNESDAY, OCTOBER 28, 2020 - 2:00 PM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Special Call Meeting This meeting can be attended virtually via Zoom. Instructions can be found with this agenda and also online at www.ircgov.com. 1. CALL TO ORDER 2.A. 'A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Commissioner Joseph E. Flescher, Vice Chairman 3. PLEDGE OF ALLEGIANCE Commissioner Tim Zorc 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PUBLIC ITEMS A. PUBLIC HEARINGS October 28, 2020 Page 1 of 2 5.A.1. Consideration of PCP Tactical LLC's Request For an Economic Development Ad Valorem Tax Exemption (Tax Abatement) [Legislative] Staff and the Economic Development Council recommend that recommend that the Board of County Commissioners approve the tax abatement application and: 1. Find that the PCP Tactical, LLC facility qualifies as a "Expansion of an Existing Business" under the tax abatement ordinance; and 2. Find that the application scores in the highest tax abatement award category under the adopted scoring guidelines; and 3. Grant a tax abatement using the schedule for up to the highest award category, with up to the 10 year abatement period to begin in 2023 (a lower award category may be applied if company's performance results in it meeting lower average wage and/or lower # of provided jobs); and 4. Approve the attached ordinance granting an economic development ad valorem tax exemption to PCP Tactical, LLC; and 5. Authorize the chairman to execute the Economic Development Tax Exemption Agreement For PCP Tactical, LLC Facility. 6. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.irc og v.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. October 28, 2020 Page 2 of 2 INDIAN RIVER COUNTY Board of County Commissioners Special Call Meeting October 28, 2020 2:00 PM COUNTY COMMISSIONERS District 1—Susan Adams, Chairman District 2 — Joseph E. Flescher, Vice Chairman District 3 — Tim Zorc District 4 — Peter D. O'Bryan District 5 — Bob Solari 1. Call To Order 2.a. A Moment of Silent Reflection for First Responders 2.b. Invocation by Commissioner Joseph E. Flescher 3. Pledge of Allegiance led by Commissioner Tim Zorc 4. Additions or Deletions to the Agenda S. PUBLIC HEARING 5.A. Consideration of PCP Tactical LLC's Request for an Economic Development Ad Valorem Tax Exemption,(Tax Abatement) [Legislative] 6. Adjournment INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Bill Schutt, AICP; Chief, Long Range Planning DATE: October 20, 2020 RE: Consideration of PCP Tactical LLC's Request For an Economic Development Ad Valorem Tax Exemption (Tax Abatement) [Legislative] It is requested that the following information be given -formal consideration by the Board of County Commissioners (BCC) at its Special Call meeting of October 28, 2020. DESCRIPTION AND CONDITIONS On November 2, 2010, the voters of Indian River County approved a tax abatement referendum, and the tax abatement ordinance (Chapter 1100 of the Indian River County Code) then went into effect. That ordinance, along with state statutes, establishes tax abatement requirements, sets tax abatement limitations, and governs the County's tax abatement process (see attachment #1). Per statutory requirements, the ability to grant tax abatements automatically expires after ten years unless renewed through a voter referendum. For Indian River County, the authority to issue tax abatement under the current ordinance expires on November 2, 2020. Because of this, the BCC approved a ballot measure earlier this year to consider renewing the tax abatement program. That ballot measure will be considered by voters on November 3, 2020. Recently, PCP Tactical, LLC, a local manufacturer applied for a County tax abatement to relocate and expand its operations within the County (see attachment #2). That request is being expedited because it is understood that with any ballot measure that goes to the voters, it is not certain how voters will vote and in this instance the Company would like to secure the incentive to relocate and expand its operations in the county prior to the ability to issue the incentive expires. As indicated in its tax abatement application, PCP Tactical, LLC proposes to locate an approximate 30,000 square foot manufacturing facility at 4155, 4185, and 4225 49th Avenue, Vero Beach. Those addresses are lots 2, 3, and 4 of the Indian River Industrial Center Subdivision located north of 41 st Street and approximately %2 mile west of 43rd Avenue. While PCP Tactical, LLC has submitted for a pre -application conference to obtain input on developing at the location, site plan approval will be needed prior to obtaining permits to construct a new manufacturing facility on the- subject site. Applicant estimates that all construction for the entire facility will be completed during calendar years 2021-2022. FXommunity Development\Users\EDplannr\INCENTIVES & FUNDING\Tax AbatementsWpplications\Confidential - C\BCC Agenda 1 Item\BCC Item - PCP Tactical ad valorem report v2.doc Tax Abatement Application Review In accordance with the provisions of the tax abatement ordinance, planning staff coordinated with the County Attorney's office, the Property Appraisers Office (PAO), and the Indian River County Chamber of Commerce to process/review the PCP .Tactical, LLC tax abatement application. Specifically, the County Attorney's office completed an expedited due diligence review of the company and in conjunction with planning staffprepared a proposed ordinance and tax abatement agreement; the Chamber of Commerce completed an Economic Impact Analysis report (see attachment 6); and the PAO prepared an estimate of revenue that would be lost to the County for the current fiscal year if the tax abatement were granted (see attachment 7). The County's Economic Development Council (EDC) also held a Special Call Meeting on October 13, 2020, and unanimously recommended that the BCC approve the requested tax abatement. The BCC is now to review and make a decision on the PCP Tactical, LLC tax abatement application and proposed ordinance and agreement; taking into consideration the Chamber of Commerce and PAO reports, the EDC recommendation, staff s analysis contained in this agenda item, and other factors the BCC may consider. ANALYSIS As structured, the County's tax abatement ordinance authorizes the BCC, at its sole discretion, to grant qualifying_ businesses an exemption from certain ad valorem taxes (property taxes) for a period of up to 10 years. Under the ordinance, the BCC may exempt (abate) up to 100% of the assessed value of new real property improvements and newly installed tangible personal property for purposes of assessing "County taxes". Consistent with the tax abatement ordinance, the "County taxes" that will be abated for the PCP Tactical, LLC project are those taxes associated with the General Fund, the Municipal Services Taxing Unit (MSTU), and the Emergency Services District Fund. No other taxes, such as School District taxes or taxes levied for the payment of bonds, are affected by tax abatement.. For the 2020/2021 budget year, the combined amount of the 3 "County taxes" referenced above comprises approximately 46% of the property tax bill for the subject properties within unincorporated county. Qualifying for Tax Abatement Consistent with state statutes, the County's tax abatement program is an economic development incentive available for business expansion projects and new business projects that qualify under the terms of the tax abatement ordinance. In this case, the proposed PCP Tactical, LLC is an existing manufacturer in the County that produces lightweight small -arms ammunition primarily sold to the U.S. military. The company currently employs twenty (20) people and proposes to expand to employ an additional twenty-two (22) people. Per the tax abatement ordinance, a business expansion of a manufacturer that employees at least ten (10) or more new (in addition to pre-existing) full-time employees is eligible to apply to the program. Since PCP Tactical, LLC proposes to hire an additional twenty-two (22) employees, its facility qualifies for tax abatement consideration under the terms of the tax abatement ordinance (see page 2 of attachment #1). F:\Community Development\Users\EDplannr\INCENTIVES & FUNDING\Tax Abatements\Applications\Confidential - C\BCC Agenda 2 Item\BCC Item - PCP Tactical ad valorem report v2.doc Scoring the PCP Tactical, LLC Tax Abatement Application According to the tax abatement application submitted by PCP Tactical, LLC and recently completed PAO report, the proposed facility will: • Generate an additional 22 permanent, full -time -jobs by the middle or end of f 2022 — Estimated annual payroll of new full-time jobs: $1,205,000. — Estimated average annual wage of $50,208 (excluding benefits such as health insurance, 401k, and vacation and -sick.time). • Include capital investment in the site consisting of an estimated $810,000* in tangible personal property (e.g. industrial equipment) and $3,000,000* in real property improvements (e.g. site work and buildings). — Estimated total capital investment: $3,810,000*. *Estimates provided by PCP Tactical, LLC. Actual assessment values when completed may- be more or less depending upon market conditions and any potential changes that may be made to the preliminary design. • Meet adopted economic development policies: — As a "Manufacturing" use, the facility qualifies as a Target Industry under Policy 2.5 (see attachment #3). — Proposed locating is within the Indian River County Enterprise Area The positive economic development impacts and benefits of the PCP Tactical, LLC facility are described in a report provided by the Chamber of Commerce (see attachment #6). Those characteristics provide the basis to evaluate and score the tax abatement application in accordance with the scoring guidelines adopted by the BCC (see attachment #4). Under the scoring guidelines, a project scores more points for a higher number of jobs, higher average wages, higher local capital investment, and for having special economic development attributes. For projects that score higher point totals, the guidelines establish higher tax abatement levels and longer tax abatement timeframes (tax years). In this case, staff has scored the PCP Tactical, LLC application as follows` 1. Number of new full-time jobs created (22 manufacturing jobs).. 2. Level of average annual wages ($50,208/year or 119% of county average).................25 points 3. Level of local capital investment ($3,810,000) .................. 4. S ecial economic development attributes (meeting Polic 2.5).. ................................................. 20 points Total Application Score 20 points 83 points Based upon a total score of 83 points, the PCP Tactical, LLC application qualifies for the highest tax abatement scoring category (out of 3 categories). The qualification points for that category are 81 or more points. That category provides for a 10 year tax abatement with the following schedule: FXommunity Development\Users\EDplannrUNCENTNES & FUNDING\Taz AbatementslApplications\Confidential - C\ BCC Item - PCP Tactical ad valorem report v2.d6c BCC Agenda 3 Yeal 1........:...100% Year 7 .............60% . Year 2....... , ...100% Year 3........:..100% Year 4............90% Year 5.........:..80% Ye ar: : 6 ............. 7.013-1/o. Year 7 .............60% . - - Year 8 .............50!m Year 9 .............44:0% -Year 10............3:1) A tabes abated scenario for the PCP Tactical, LLC facility, based on applicant's estimates and based on certain assumptions stated below, is as follows.: Assumptions: (a) No additional real property or tangible personal property improvements are made during the abatement period. (b) The 2020/2021 millage rates for the General Fund (3.5475 mills), MSTU (1.1506 mills), and Emergency Services District (2.3531 mills) tax funds are applied each year during the tax abatement period for a total of 7.0512 mills and the rate for other property taxes remains at 8.1642 mills (rate for 2020/2021) each year during the tax abatementperiod. (c) The initial assessed value ofcompleted improvements in Year I ofthe-abatementperiod is $3,810,000. (d) Depreciation of the initial assessed value of tangible personal property ($810, 000) is applied at a rate of 10%per year with a floor at 35% of initial assessed value for years 8, 9, and 10. (e) No change in the assessed value of the real property improvements ($3. OM) during the abatement period. 69 The highest category of tax abatement award is applied during the tax abatement period. F:\Community Development\Users\EDplannr\INCENTIVES & FUNDING\Tax Abatements\Applications\Confidential - C\BCC Agenda 4 Item\BCC Item - PCP Tactical ad valorem report v2.doc 'Es L � L �•�:� -Y-,- -+. a L•s r�v'r a�.� 4W�.v'fY'�'n t 3+Jfi' � t q n `.. g�°.'I 'G Fri " p +s � a-% ,� 'ri_i i`t ,�'£i? � 1 INC • � ' ' , ' iiiiii� Assumptions: (a) No additional real property or tangible personal property improvements are made during the abatement period. (b) The 2020/2021 millage rates for the General Fund (3.5475 mills), MSTU (1.1506 mills), and Emergency Services District (2.3531 mills) tax funds are applied each year during the tax abatement period for a total of 7.0512 mills and the rate for other property taxes remains at 8.1642 mills (rate for 2020/2021) each year during the tax abatementperiod. (c) The initial assessed value ofcompleted improvements in Year I ofthe-abatementperiod is $3,810,000. (d) Depreciation of the initial assessed value of tangible personal property ($810, 000) is applied at a rate of 10%per year with a floor at 35% of initial assessed value for years 8, 9, and 10. (e) No change in the assessed value of the real property improvements ($3. OM) during the abatement period. 69 The highest category of tax abatement award is applied during the tax abatement period. F:\Community Development\Users\EDplannr\INCENTIVES & FUNDING\Tax Abatements\Applications\Confidential - C\BCC Agenda 4 Item\BCC Item - PCP Tactical ad valorem report v2.doc Property taxes abated scenario expressed in current dollars: — Initial Assessed value (Year]): $3,810, 000 — Millage rate (3 affected tax funds) totals: 7.0512 mills — Depreciation applied to tangible personal property as described above — Highest abatement award category 10 year schedule applied , This scenario provides a rough estimate of the maximum potential tax abatement amount. The actual assessed value for any given year during the abatement period will be determined by the PAO on or around January 1St of the given year. Timing According to the PCP Tactical, LLC tax abatement application and recent correspondence with company representatives, the facility will be completed in the 2021— 2022 time frame. Based on that time frame for completion, the facility will first be assessed for tax purposes on or about January 1, 2023 for the 2023 tax year. Therefore, the application proposes that the tax abatement (Year 1) begin in 2023. Limitations & Safeguards As previously described in this report, the tax abatement- ordinance limits the tax abatement to new real property improvements and added tangible personal property associated with certain types of qualified businesses. Also, the tax abatement applies to a limited number of tax funds for a maximum of 10 years. In addition, the tax abatement ordinance requires tax abatement grantees to enter into a tax exemption (abatement) agreement with the county, meet all exemption (abatement) requirements on a continuing basis, file an annual compliance report with the county, and immediately advise the county of any failure of the business to meet exemption (abatement) requirements. Under the tax abatement ordinance, the BCC is authorized to revoke or revise the exemption if the BCC determines that the business no longer meets the exemption requirements or that the application or any annual report contains a materially false statement that would have affected granting or continuing the exemption (see page 6 of attachment #1). Those limitations and safeguards apply to the PCP Tactical, LLC application. 0 Ordinance & Agreement In order to approve the subject tax abatement application, the County must adopt an ordinance specifically for the PCP Tactical, LLC abatement and approve an agreement with PCP Tactical, LLC. The County Attorneys Office has prepared an ordinance and an agreement (see attachments8 and 9). As proposed, the ordinance provides findings and establishes up to a 10 year abatement beginning in 2023. Consistent with the County's tax abatement ordinance, the proposed agreement requires PCP Tactical, LLC to provide an annual status report to confirm compliance with tax abatement requirements and commitments as referenced in the "Limitations & Safeguards" section above. IfPCP Tactical, LLC's performance would cause it to fall out of the highest tier tax abatement scoring category, the agreement allows the company to request the BCC consider a tax abatement reduction through an ordinance amendment. FXommunity Development\Users\EDplannr\INCENTIVES & FUNDING\Tax Abateriments\Applications\Confidential - C\BCC Agenda Jr Item\BCC Item - PCP Tactical ad valorem report v2.doc CONCLUSION Based on the analysis conducted, staff and the EDC have determined that the proposed PCP Tactical, LLC facility qualifies for the County's tax abatement program. In addition, staff s analysis indicates that the PCP Tactical, LLC tax abatement application scores in the highest award category under the county's tax abatement scoring guidelines. Based on those guidelines, the proposed PCP Tactical, LLC facility qualifies for a 10 year tax abatement beginning in 2023. If a 10 year properly tax abatement is granted as recommended, the maximum potential total property tax abatement over the 10 year period in current dollars is roughly estimated to be $181,110. For the same 10 year period, the maximum potential total property taxes paid in current dollars is roughly estimated to be $287, 291 for schools, bonds, and other districts and $66,220 for the general fund, MSTU, and emergency services fund. RECOMMENDATION Staff and the Economic Development Council recommend that recommend that the Board of County Commissioners approve the tax abatement application and: 1. Find that the PCP Tactical, LLC facility qualifies as a "Expansion of an Existing Business" under the tax abatement ordinance; and 2. Find that the application scores in the highest tax abatement award category under the adopted scoring guidelines; and 3. Grant a tax abatement using the schedule for up to the highest award category, with up to the 10 �. year abatement period to begin in 2023 (a lower award category may be applied if company's. performance results in it meeting lower average wage and/or lower # of provided jobs); and 4. Approve the attached ordinance granting an economic development ad valorem tax exemption to PCP Tactical, LLC; and 5. Authorize the chairman to execute the Economic Development Tax Exemption Agreement For PCP Tactical, LLC Facility. ATTACHMENTS 1. Indian River County Tax Abatement Ordinance (2010-014) 2. PCP Tactical, LLC Tax Abatement Application (Confidential Information Withheld) 3. Economic Development Policy 2.5 4. Tax Abatement Scoring Guidelines 5. Preliminary Tax Abatement Scoring and Estimated Tax Abatement Amounts 6. Chamber of Commerce Report 7. Property Appraisers Office Report 8. Ordinance for PCP Tactical, LLC Exemption (Abatement) 9. Agreement with PCP Tactical, LLC F:\Community Development\Users\EDplannr\INCENTIVES & FUNDING\Tax Abatements\Applications\Confidential - C\BCC Agenda 6 Item\BCC Item - PCP Tactical ad valorem report v2.doc Title XI. - ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION Ich. Economic Development Ad Valore]Tax j 1100. Exemption, §§ 1100.01-1100.14 CHAPTER 1100. - ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONM Footnotes: --- (1) --- Editor's note— In order to preserve the style of this Code, and at the editor's discretion, ch. 1100 has been added. Section 1100.01. - Short title. Title XI shall be known as the Indian River County Economic Development Ad Valorem Tax Exemption Ordinance. (Ord. No. 2010-014, §§ 1, 2,6-22-10) Section 1100.02. - Enactment authority Article VII, Section 3, of the Constitution of the State of Florida and F.S. § 196.1995, authorize the county to grant economic development ad valorem tax exemptions to new businesses and expansions of existing businesses after the electors of the county, voting on the question in a referendum, authorize such exemptions. (Ord. No. 2010-014, § § 1, 2, 6-22-10) Section 1100.03. - Findings of fact. (a) An important function of local government is the promotion of a strong local economy by providing financial incentives that will encourage new businesses to locate and existing businesses to expand within its jurisdiction, thereby creating new jobs, improvements to real property, and additions to tangible personal property. (b) The health, welfare and general well-being of the citizens of Indian River County willbe enhanced by the location of new businesses and the expansion of existing businesses within Indian River County. (c) The board of county commissioners determines that the granting of economic development ad valorem tax exemptions to new businesses locating in Indian River County and to existing businesses expanding in Indian River County will promote and strengthen the local economy and thereby enhance the health, welfare and general well-being of the citizens of Indian River County. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.04. - Definitions of terms. Attachment 1 ,� The following words, phrases, and terms shall have the meanings set forth below. To the extent that such meanings incorporate provisions of Florida Statutes, such meanings are intended to incorporate the provisions of Florida Statutes, as amended from time to time: (a) Applicant. Any person or entity who files an application requesting an economic development ad valorem tax exemption pursuant to this title. (b) Application. A written application on the form prescribed by the department, together with any supplemental form prescribed by the county and any additional information requested by the county. (c) Board. The Board of County Commissioners of Indian River County. (d) Brownfield area. An area designated as a brownfield area pursuant to F.S. § 376.80. (e) Business. Any activity engaged in by any person or entity, with the object of private or public gain, benefit or advantage, either direct or indirect. (f) County. Indian River County, Florida. (g) Department. The Florida Department of Revenue. (h) Director. The Indian River County Community Development Director, or his/her designee. (i) Reserved. Q) Exemption or economic development ad valorem tax exemption. An ad valorem tax exemption granted by the board in its discretion to a qualifying new business or expansion of an existing business pursuant to this ordinance, and as authorized by Article VII, Section 3 of the Constitution of the State of Florida and F.S. § 196.1995. (k) Expansion of an existing business. (1) A business establishing ten (10) 'or more jobs to employ ten (10) or more full-time employees in this county, which manufactures, .processes, compounds, fabricates, or produces .forsale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or (2) A business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this county, the sales factor of which, as defined in F.S. § 220.15(5), for the facility with respect to which it requests an exemption is less than 0.50 for each year the exemption is claimed; provided that such business increases operations on a site colocated with a commercial or industrial operation owned by the same Business, resulting in a net increase in employment of not less than ten (10) percent or an increase in productive output of not less than ten (10) percent; or (3) Any business located in a brownfield area that increases operations on a site colocated with a commercial or industrial operation owned by the same business. (1) Exemption agreement. A written agreement entered into between the county and an applicant receiving an exemption pursuant to this title, as described more fully in Section 1100.09. below. (m) Exemption ordinance. An ordinance granting an exemption, as described more fully in Section 1100.08 below. (n) Exemption requirements. All requirements and conditions which must be satisfied for the granting and continuation of an exemption, including those set forth in general law, this title, the exemption ordinance and the exemption agreement. (o) Improvements. Physical changes made to real property consisting of structures or other improvements placed on or under the land surfaces. (p) New business. Attachment 1 9 (1) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this county, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or (2) A business establishing twenty-five. (25) or more jobs to employ twenty-five (25) or more full-time employees in this county, the sales factor of which, as defined in F.S. ,§ 220.15(5), for the facility with respect to which it requests an exemption is less than 0.50 for each year the exemption is claimed; or (3) An office space in this county owned and used by a corporation newly. domiciled in this state; provided such office space houses fifty (50) or more full-time employees of such corporation; provided that such Business or office first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business; or (4) Any business located in a brownfield area that first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. (q) Real property shall have the meaning set forth in F.S. § 192.001(12). (r) Sales factor. The sales factor is a fraction the numerator of which is the total sales of the applicant in this state during the taxable year or period and the denominator of which is the total sales of the Applicant everywhere during the taxable year or period, as defined in F. S. § 220.15(5). (s) Tangible personal property shall have the meaning set forth in F. S. § 192.001(11)(d). (t) Violation of law. A violation of any federal, state or local law which, in the sole discretion of the board, is sufficiently serious that it would not be in the best interests of the citizens of the county j J that the violator be granted or continue to receive the benefits of an exemption. (Ord. No. 2010-014, §§ 1, 2, 6-22-10; Ord. No. 2016-002, § 3, 3-2-16) Section 1100.05. - Establishment of economic development ad valorem tax exemption. (a) Subject to the remaining provisions of this title, there is hereby established. an economic development ad valorem tax exemption for certain ad valorem taxes levied by the county. The exemption is a local option tax incentive for a qualifying, new business or expansion of an existing business which may be granted or refused at the sole discretion of the board. (b) At the sole discretion of the board, the exemption may be granted for (i) up to one hundred (100) percent of the assessed value of all improvements to real property made by or for the use of a new business and of all tangible personal property of such new business, and (ii) up to one hundred (100) percent of the assessed value of all added improvements to real property made to facilitate the expansion of an existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of an, existing business, provided that the improvements to real property are made, or the tangible personal property is added or increased, on or after the day the exemption ordinance is adopted. (c) The term of the exemption shall be up to ten (10) years, as set forth in the exemption ordinance; provided, however, that the continuation of the exemption from year to year shall be contingent upon the applicant's continued compliance with the exemption requirements. (d) The exemption shall not apply to improvements to real property or to tangible personal property which were included on the tax rolls prior to the effective date of the exemption ordinance. (e) Property acquired to replace existing property shall not be considered to facilitate an expansion. of an existing business. 3 Attachment 1 (f) No exemption shall be granted for the land upon which a new business or expansion of an existing business is to be located. (g) Any exemption granted for a new business or expansion of an existing business is transferable between businesses, provided, the transferee business (i) continues to comply with all exemption requirements; and (ii) assumes in writing all of the obligations of the transferor business under the exemption agreement. (h) The exemption shall apply only to taxes levied by the county, except that the exemption shall not apply to taxes levied for the payment of bonds, or to taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12 of Article VII of the Constitution of the State of Florida. (i) The exemption shall not be available to any business which, at anytime within two (2) years prior to filing of the application, or at any time subsequent to filing. of the application but prior to adoption of the exemption ordinance, was found guilty of a violation of law. Q) The decision of the board to grant or deny an exemption shall be a legislative decision. No precedent shall exist by reason of any decision to grant or deny an exemption. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.06. - Application for exemption. (a) Any business requesting an exemption shall file an application with the Indian River County Community Development Department. (b) The application must be filed no later than March 1 of the year in which the exemption is desired to take effect. (c) There shall be no fee for filing the application. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.07. - Consideration of application. (a) Within ten (10) days of receipt of a completed application, the director shall review the application and determine whether it facially meets all requirements to qualify for an exemption. If the director determines that the application facially does not meet all requirements to qualify for an exemption, the director shall so notify the applicant in writing and the applicant will have thirty (30) days -from the date of such notice to appeal the director's determination directly to the board. (b) If the. director determines that the application facially does meet aft requirements to qualify for an exemption, the director shall promptly deliver a copy of the application to (1) the property appraiser who, within thirty (30) days of receipt, shall provide a report es set forth in subsection (c) below, (2) the Indian River CountyDevelopment Council which, within thirty (30) days of receipt, id written comments if an 3 the Indian Rivet County Chamber of Commerce which, shall provide w y, ( ) within thirty (30) days'of receipt; shall.provide''a' report Of the positive economic impacts ofthe proposed new business or expansion of an existing business; and (4) if applicable, any incorporated municipality, Community Development Agency, Brownfield Area Advisory Committee, or other such agency or committee having jurisdiction with respect to the subject real property. Within thirty (30) days of receipt, such municipality, agency or committee shall provide written comments, if any. All written comments shall be provided to the director. Within sixty (60) days of receipt of the completed application, the director, consulting with other departments of the county as necessary, shall conduct an analysis of the application and prep are a written recommendation to the board. (c) The property appraiser's report shall include the following: 4 Attachment 1 �� (1) The total revenue available to the county for the current fiscal year from ad valorem tax sources, or an estimate of such revenue if the actual total revenue available cannot be determined; (2) Any revenue lost to the county for the current fiscal year by virtue of exemptions previously granted under this section, or an estimate of such revenue if the actual revenue lost cannot be determined; (3) An estimate of the revenue which would be lost to the county during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise been subject to taxation; and (4) A determination as to whether the property for which an exemption is. requested is to be incorporated into a new business or the expansion of an existing business, as defined in F.S. § 196.012(15) or (16) or into neither, which determination the property appraiser shall also affix to the face of the application. Upon the request of the. property appraiser, -the department shall provide to him/her such information as it may have available to assist in making such determination. (d) Within -thirty (30) days of completion of the reports or comments set forth in subsections (b) and (c) above, the director shall present the application to the board together with the property appraiser's report, the director's. analysis and recommendation, and any written comments received. Based upon the materials received, and applying the guidelines set forth in subsection (e) below, the board shall decide in its sole discretion either to proceed forward toward the adoption of an ordinance granting the exemption, or to deny the application. (e) Any recommendation of the director or decision of the board shall take into consideration the following factors: (1) The number of new jobs projected to be established in the county; (2) The average wage paid with respect to the new jobs; (3) The estimated amount of capital investment to be made by the business in the county; (4) The extent to which the business may qualify as (i) an innovation business, as defined in F.S. § 288.1089(2)Q), (ii) a business in a targeted industry as identified from time to time by the board, or (iii) a business which may otherwise encourage the location or expansion of other businesses in the county; (5) The extent to which the business is likely to procure materials or supplies from local businesses; (6) The net positive contribution to the local economy. In addition to the above factors, the board may consider any other activity or factor that relates to economic development within the county. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.08. - Ordinance granting exemption. An exemption ordinance shall be adopted in the same manner as any other ordinance of the county, and shall include the following: (a) The name and address of the new business or expansion of an existing business to which the exemption is granted; (b) The total amount of revenue available to the county from ad valorem tax sources for the current fiscal year, the total amount of revenue lost to the county for the current fiscal year by virtue of exemptions currently in effect, and the estimated revenue loss to the county for the current fiscal year attributable to the exemption of the business named in the ordinance; 5 Attachment 1 11 (c) The amount of the exemption, stated as a percentage of the assessed value of all improvements or tangible personal property subject to the exemption; (d) The period of time for which the exemption will remain in effect and the expiration date of the exemption; and - (e) A finding that the business named in the exemption ordinance meets the requirements of F.S. § 196.012(15) or (16). (Ord. No. 2010-014, § § 1, 2, 6-22-10) Section 1100.09. - Exemption agreement. No Exemption granted hereunder shall be effective until the business enters into an exemption agreement with the county. The exemption agreement shall contain (1) a clear acknowledgment by the business that the exemption shall continue to exist only for so long as the business continues to meet all exemption requirements, and (2) such other matters required by the county. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.10. - Continuing performance. (a) The business shall continue to meet all exemption requirements during the term of the exemption; (b) No later than March 1 of each year during the term of the exemption, the business shall provide an annual report to the director which shall certify and, if requested by the director, contain satisfactory proof, that the business continues to meet all exemption requirements; (c) The business shall timely comply with all requirements of F.S. § 196.011, during the term of the exemption; and (d) The business shall immediately advise the county of any failure by the business to meet all exemption requirements. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.11.: Revocation of exemption. (a) The board may revoke or revise the exemption at any time if the board determines in its sole discretion that (1) the business no longer meets all of the. ,exem tion re. uirements, 2 the application P q O,.. or any annual report contains a material false statement, such that the exemption likely would not have been granted or continued if the true facts had been known, or (3) the business is found guilty of a violation of law; and (b) If it is determined that the business was not in fact entitled to an exemption in any year for which the business received an exemption, the county, property appraiser or, tax collector shall be entitled to recover all taxes not paid as a result of the exemption; plus interest at the makimum rate allowed by law, plus all costs of collection, including, without limitation, reasonable attomey's fees. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.12. -Applicability. This title shall be applicable throughout the incorporated and unincorporated areas of Indian River County. 6 Attachment 1 19 (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.13. - Sunset date. Pursuant to F.S. § 196.1995, this title shall expire on November 2, 2020, ten (10) years after the date such authority to grant exemptions was submitted to the electors of the county voting in a referendum. The expiration of the title shall not affect the continued existence of any exemption granted prior to November 2, 2020. (Ord. No. 2010-014, §§ 1, 2, 6-22-10) Section 1100.14 - Economic development ad valorem tax exemption granted to Ineos New Planet Bioenergy, LLC ("business"). (1) An economic development ad valorem tax exemption is hereby granted to business whose address is 925 74 m Avenue SW, Vero Beach, Florida. The exemption shall apply to its new improvements to real property and its new tangible personal property related to its new business located at 925 74 th Avenue SW, Vero Beach, Florida. This exemption shall apply only to the improvements to real property and the tangible personal property described in business' application for such exemption, on file in the county community development department. (2) The exemption shall be for a term of ten (10) years commencing in 201.3, the first year the new improvements and new tangible personal property will be added to the assessment roll. The amount. of the exemption shall be a specified percentage of county ad valorem taxes for the general fund. Municipal services taxing units, and emergency services district which would otherwise be due with respect to the new improvements and new tangible personal property in the absence of the exemption: The approved exemption percentages are, as follows: Year I (January 1, 2013 tax roll) ..... 100% Year 2 (January 1, 2014 tax roll) ..... 100% Year 3 (January 1, 2015 tax roll) ..... 100% Year 4 (January 1, 2016 tax roll) ..... 90% Year 5 (January 1, 2017 tax roll) ..... 80% Year 6 (January 1, 2018 tax roll) ..... 70% Year 7 (January 1, 2019 tax roll) ..... 60% Year 8 (January 1, 2020 tax roll) ..... 50% Year 9 (January 1, 2021 tax roll) ..... 40% Year 10 (January 1, 2020 tax roll) ..... 30% (3) The total amount of revenue available to the county from ad valorem tax sources for the current fiscal year is seventy-two million, eight hundred forty-five thousand, six hundred sixty dollars ($72,845,660.00); the total amount of revenue lost to the county for the current fiscal year by virtue of economic development ad valorem tax exemptions currently in effect is $0.00; and the estimated revenue loss to the county for the current fiscal year if the exemption's first year had been in effect is one hundred ninety-three thousand, nine hundred fifty-one dollars ($193,951.00). Attachment 1 I.3 (4) The exemption shall be subject to all provisions set forth in sections 1100.01 through 1100.13. Without limitation, the continuation of the exemption shall be contingent upon business' compliance with section 1100.10 relating to "continuing performance." (5) The board specifically finds that business meets the requirements of F.S. § 196.012(15). (Ord. No. 2011-011, § 3, 12-20-11) 8 Attachment 1 I'j (` INDIAN RIVER COUNTY ECONOMIC DEVELOPMENT AD VALOREM TAX ABATEMENT APPLICATION To he filed in the Community Development Department no later than March 1 of the year the exemption is desired to take effect. I. APPLICANT INFORMATION: Business Name Business Owners Name --/A ei ,. �m3G Address City State Zip Code S A S e-zO r 2-qc O Phone Number Email Website Contact Person Title • Letter of authorization from corporate officer if applicant is other than corporate officer (if applicable, attach to completed application) Business Unit's Federal Employer Identification Number: Z `; ) Q ? ~; 5:23(e Business Unit's Unemployment Compensation Number: Which.of the following best describes this business: ® New business to Indian River County AQ Cxisting business in Indian River County creating new jobs If an expansion, how many jobs are currently in the business? � It. PROJECT SITE LOCATION: Address City State Zip Code Property Parcel Number(s) 3 2'-1 9 Z;7o®o 12 OLD 0.0"OC3 Current Location (if different): 3895 39th Square, Vero Beach, Florida 3 Ll r r 32)60 Address City State Zip Code Property Parcel Number(s) (lease) • Legal description and survey sketch of real property (attach to completed application) • Verified statement (separate letter) naming every individual or entity having legal or equitable ownership interest in the real property (attach to completedapplication Attachment -2 . 1� List the NAILS Code(s) for the business: Note: NA1CS Codes for business types can be found at the following website: wvvw.census.gov/cpcd/naics/ •3-32 111 Z Will the site be a dedicated headquarters office (regional, national, or international)? Has the State of Florida ad valorem tax exemption lbrm been filed? (see Appendix B) 0Yes b+to If yes please attach completed state form. If noplease attach DRAFT of completed state form. IV. TOB CREATION INFORMATION: Anticipated number of new full-time jobs that will be created by the business in Indian River County: -2-C Salary range of new full-time jobs identified in the previous question: __�' ZK — i 3p, 14 - (PLEASE LIST ALL NEVA POSITIONS AND SALARIES ON APPENDIX A OF APPLK 1801271' Street, Vero Reach FL 32960 2 ( F:%C ontnlunity lKrdopt»enpUserst6[)planntU»crnlvcs & FundiniAl'ax Abaletnents12410Tax AbatemrnMpplka60nWtw Application • 2D151Tar \4 Abatement Application - Revised 261'Woc Attachment 2 ) & Phase Number of net new full-time equivalent Date by which jobs Avera Annual "obs created in. the bushgess will be eremted w5tews: re► III Total 1801 27'' Street, Vero Beach FI. 32960 3 F:tContmunity FundingITM Abalemcnts12014DTwx AbatemcntiAppIkationWex Application - 241617az Abatement Applichtion - Revised 2015_duc Attachment 2 . 11 ut—ri Under Florida Statues 298.075 (see Appendix C), is the applicant nesting that any information provided as part of this application be treated as confidential? ®Y No If yes, indicate the specific information to be treated as confidential. VIfi.GR MINAL/CIVIL FINES OR PENALTIES: List and explainn any criminal or civil fines or penalties or ongoing investigations that have been imposed upon the company, its executives, or at'liHates and any recent bankruptcy proceedings of the applicant or its parent company: PLEASE FIND ATTACHED THC APPLICATION SCORING GUIDELINES USED BY THE COUNTY To the best of my knowledge, the information included in this application is accurate. Signature of Corporate Officer or Authorized Representative Tate AL Printed Name m Indian Rives- Count), Contact for Assistance Bill Schutt, Senior Planner 772-226-1243 bschntt(a)iregov.cem 1801 27`s Street, Vero Beach FL 32960 4 HCommunily UevelopntenNUscrs%Ellplannfdncentives & FurrdinglT&x Abateneents12Ui0 Tax AbatetnenitiApplicntit n%lcw Appiieafson - 2t►l tilTax Abatement Application - Rot iwd 2415.dnc Attachment 2 ) � INDIAN RIVER COUNTY AD VALOREM TAX ABATEMENT APPLIrC'ATION SCORING GUIDELINES Scoring Matrix NUMBER OF NEW FU:—LT—M�'OBSC REATED Maximum Nuber of Points: 30 1. 10 –19 jobs (manufacturing) or 25 – 49 jobs (sales factor) or 50 – 99 jobs (corporate office) or 2. 20 -- 29 jobs (manufacturing) or -50 – 74 jobs (sales factor) 100 –149 jobs (corporate office) or 3. 30 – 49 jobs (manufacturing) or 75 – 99 jobs (sales factor) 150 – 199 jobs (corporate office) or 4. 50 or more jobs (manufacturing) or 100 or more jobs (sales factor) 200 or more jobs (corporate office) or LEVEL OF AVERAGE WAGES L - -- Maximum Number of Points: 30 1. More than 75% but less than 100% count} average mage 2. 100% or more but less than 115% county average xvage 3, 115% or more but less than 150% county average Usage 4. 150% or more LEVEL OF LOCAL CAPITAL INVESTMENT Maximum Number of Points: 20 1. More than $1.00,000 but less than $500,000 2. $500,000 or more but less than $1,000,000 3. $1,000,000 or more but less than $5,000,000 4. $5,000,000 or more POINTS 10 18 25 30 POINTS 10 1$ 25 30 POINTS 20 20 20 20 F-.1community L)cvelopmenttl lscrsl DplanneJutentives k Fundingiiax AbalenbentM2010 Tar AbaiementlAppiimtionINeW Application - 2016Uexabatcmm appsconsitwi - Revised 2015.doc Attachment 2 1 Iq PROJECT EXCELLENCE Maximum Number of Points: 20 POINTS Special project attributes that advance county economic development 0-20 goals, objectives, and uolicies Award Categories Abatement Percentage by Year Total .Points Yr. 1 Yr. 2, Yr. 3 Yr. 4 Yr. 5 Yr. 6 Yr. 7 Yr. 8 Yr. 9 Yr. 10 L 40-60 100'% 100% 80"/0 60% 40% 206/6 I0% 0'16 0% 01% 2. 61-80 100% 100% 901% 80% 60% 40% 20% 10% 0% 0°10 3. 81 or more 100%6 100°/n 100'10 90% 80% 70% 601/16 50% 40% 30% F IConimunity DevolapmattusemT.t7plsnnrinccntives & FundinSVIm Abaternents12010 Tax AbatcmenMppHcmionWtw Application - 2 20164axabatementappxoresbcct- Revised 2013_dnc Attachment 2 AD APPENDIX A Please list all net new full time job positions that will be created by the project. Please make additional copies of this form as needed. JOD Title # of Anticipated Positions Date of Hire Example 1: 12115/10 Widget Operator 10 Example 2_ Engineer 5 12/1.5110 of Year for All Jobs 2 Annual Salary Per Job Annualized Average Value of Benefits Per Job Benefits Included $40,000 $53,000 $ 15,000 $20,000 Health insurance, 401(k) contributions,. vacation, and sick leave Health insurance, 401(k) contributions, vacation, and sick. leave /3ai 1.8012711 Street, Vero Beach 1;1.32960 FACanlmunity DevClc►patlenitU.cctsl�pplannellnecltli�tia xk pundingWax Ahatcawntsl:olo Tat AbulcmenNApplicudontNcw Appikmiton • 20161:1'11--t AhAwtacnl :\pplienlion - lice ixwl:OlS.doC 6 CN E Ca Base Data Parcel: 32392800012000000004.0 Owner: INDIAN RIVER INDUSTRIAL CENTER INC Site Address: 4225 49TH AV VERO BEACH, FL 32967 +] Map this property. !!Railing Address Address: 2327 SEVILLE AVE Address nine 2: City, State Zip: VERO BEACH FL 32960 Property Information Prop ID: 51938 Tax Code: 7G (Unimvp Indian River County) Property Use: 4000 (VACANT . INDUSTRIAL) Neighborhood: 990050.00 (GIFFORD AREA/WEST OF USL) Appraisal pate: 07/14/2019 Short Legal Description t Additional Owners INDIAN RIVER INDUSTRIAL CENTER LOT 4 PBI No additional owners found. 23-9 Ctick here for mpre t Note: Legal de.S.Smptions 4n WIS weitsztte are intended for genera! inforrnatannal purposes ami should not tK used to convey property. Photos No photos ;acre found far this parcel. Notes Notes; Gdcs: here to viaw oblique imagery through Bing Maps. Repan Discrepancy GIS parcel sbapeBle last updated 10/1/2020 7:52:10 AN, The CAMEO data presented on this website is current as of 1011/202011:06:08 PM. Attachment.2 Data For Parcel 3239280001200000000300 Base Data Parml: 32392SM12000000003.0 Owner: INDIAN RIVER INRUSIRIAI. CENTER INC Site Address: 4185 49TH AV VERO BEACH, FL 32967 Mailing Address Address: 2327 SEVILLE AVE Address Line 2: City, State Zip: VERO BEACH FL 32960 Short Legal Description f INDIAN RIVER INDU5TiUAL CENTER LOT 3 PBI 23-9 f"kftrg for more t Note: Legal d-cr+ptons un this wet -.4e are intended for yeneral mformat:onal purposes V -f d Should riot be used to convey p-,.gxrty, [+] t4ap this property. Property Information 'Prop YD:. 51937 Tax Code: 7G (Unincorp Indian River County) Property Use: 4000 (VACANT INDUSTRIAL) Neighborhood: 990050.00 (GIFFORD AREA/WEST OF USL) Appraisal Date: 07/16/2019 Additional Owners No additional owners found. Photos No phoros v,ere fcund for this parcel. Notes Notes: Click here to view oblique imagery through Bing Maps. Report Discrepancy GIS parcel shapefile last updated 101112020 7:52.10 AN. The LAMA data presented on this website is current as of.10111202!111:06:08 p14. Attachment 2 A3 Base Date Marcel: 32392800012000000002.0 Ozer: INDIAN RIVER INDUSTRIAL CENTER INC Site Address: 4155 49TH AV VERO BEACH, FL 32967 j+) Map this property. Mailing address Address: 2327 SEVILLE AVE Address Line 2: City, State Zip: VERO BEACH FL 32960 Short Legal Description t INDIAN RIVER INDUSTRIAL CENTER LOT 2 PBI 23-9 Click here for more t Note: Legal desr_npGons on this wetrite Are rnte%idMi far general irlorpiational purposes and should not be !,.Siad to (onvey property. Property Intormation Prop ID: 51936 Tax Code; 76 (Unincorp Indian River county) Property Use: 4000 (VACANT INDUSTRIAL) Neighborhood; 990050.00 (GIFFORD AREgWEST OF LISL) Appraisal Date: 07/16/2019 Additional Owners No additional owners found. Photos No photcs :vere found for this parcel. Notes Notes: Click here to view oblique imagery through Bing Maps, Report Discrepancy GIS parcel shapefi`le last updated 101112020 7.•52:10 AM. The LANA data presented on this website is current as of 10111202011; 06.08 PM. Attachment 2 �q Map Pawd LjM w Tpiggr LIAM FIBOWLotth" easo Lines GCM LO Lobos -%td- TRS DOMBiafta GaAs Aaw Nxm WWO-r 6 T, .I Parr.4 101CIC to view Ff*wy WO) "Itle V;C ZW all Dana P,6pedy Addm z NulipMR r 'L22W . M Attachment 2 Map Parw LAS T"Wf UrIft PFsReO !c! un" GM Ld L*ws SLAxiwisw* TFS &We% DWMXI;O" I DOMISM2 BOW,$ v PO!ku floo Nwrft Ctitil vmer -- r,M-s -- C. 'I selmloo Tv Pam,olp"O. to vIvw POMIV 1,4.3 3 a Owne.r PFVpDaVAdd=Z ',G IN RWER INN r P L& '-C Alai -11, - Il yZK; Attachment 2 m GO -4 Lot Labots TRS WeX D-w.skv.* I DM=StDft 2 DvWsbm 3 Mocks Roads Road NeffPS C-c— G T. ..fares-. pa,w IcInk to vi( Nowly it *) %K; Owme PmpeAy A66r 3 It'A ";F --CV4'LF. W Air, A, .?FO FL Attachment 2 A � Comprehensive Plan Economic Development Element OBJECTIVE 2: Diversified Economic Growth Between 2010 and 2020, Indian River County will increase the number of jobs in the county's new high wage target industries by' 1,000. Polio 2.1: The County shall focus its industrial/business/technology/research expansion efforts on attracting and expanding clean, small-scale light manufacturing and assembly industries and those industries identified in County target industry studies, as applicable. Policy 2.2: The county shall encourage the expansion of existing industries and attraction of new, industries that are within the target industries list (Policy 2.5) by offering the following county adopted economic development incentives and assistance: ➢ Local Jobs Grant Program; ➢ Trak, Water, and Sewer Impact Fee Financing; ➢ Utility Deposit Waivers; ➢ Expedited permitting; Maintenance of sufficient infrastructure capacity (roads, water, sewer); ➢ Provision of Industrial Revenue Bonds; ➢ Provision of job training through Indian River State College; ➢ Provision of workforce training incentives from CareerSource Research Coast; ➢ Assistance with federal or state grant applications (such as Community Development Block Grants); State Qualified Target Industry Tax Refund Program; and Policy 2.3: The county planning division shall track the number of jobs in target industries annually and provide a report to the EDC. The report shall include, but not be limited to, the total number of jobs by NAICS target industry category, the average wage by each NAICS target industry category, the percent and numeric change from the prior year for both the total jobs and their average annual wages. Annual data shall be provided for multiple years. Policy 24: The Indian River County Chamber of Commerce and other economic development groups designated by the Board of County Commissioners shall provide assistance, as needed, to companies during the relocation process and report any actions taken to the Economic Development Council at their regular meetings. Polia 2_5: The county, in coordination with the Indian River County Chamber of Commerce, shall establish a list of target industries and evaluate this list periodically in order to reflect the current economic needs of the county as well as the actual marketing results. Below, is the list of the county's target industry clusters. For marketing purposes, the County, Indian River County Chamber of Commerce, and other economic development agencies representing the County may use their Community Development Department Indian River County 44 Attachment 3 Cowgrehensive Plan Economic Development Element resources to market to a much smaller list based on the results of target industry studies, market research, and expert advice. Clean Energy industry including but not limited to: • Solar Energy • Biomass Energy/Biofuels • Fuel Cells and Hydrogen • Ocean Energy Life Sciences industry including but not limited to: • Biotechnology • Medical Device Manufacturing • Pharmaceuticals • Health Care Information Technology industry including but not limited to: • IT Products/Services • Software Development • Modeling/Simulation/Training • Photonics/Lasers/Optics • Microelectronics • Telecommunications Aviation/Aerospace industry including but not limited to: • Aviation • Avionics • Flight Schools Financial / Professional Services including but not limited to: • Corporate/Regional Headquarters • Research and Development Manufacturing/Warehouse/Distribution Emerging Technologies including but not limited to: • - Materials Science • Nanotechnology • Marine Science Arts, Entertainment, Recreation including but not limited to: C Sports Facilities tt Community Development Department Indian River County 45 l- - Attachment 3 02 Comprehensive Plan Economic Development Element Film Locations Post Secondary Public and Private Educational Institutions Other clean light industries that have average annual wages that support an innovation economy. To be eligible for local economic incentives, an industry must meet the target industry criteria . established by the state with a focus on those industries that export the majority of products and services outside of Indian River County (as opposed to strictly areas outside of Florida). Currently, the target industry criteria are listed in Section 288.106(1)(0), Florida Statutes. Policy 2.6: The County shall provide for the issuance of Industrial Development Bonds for new industries. Policy 2.7: The Economic Development Division of the Indian River County Chamber of Commerce and other economic development groups designated by the Board of County Commissioners shall assist in providing entrepreneurial and management expertise and a well-trained, skilled, and educated workforce to industries that are within the target industries list (Policy 2.5). Policy 2.8: The County, in cooperation with the Vero Beach Regional Airport, the Sebastian Municipal Airport, the Indian River County Chamber of Commerce and its Economic Development Division, shall actively market airport industrial lots and space and coordinate its marketing plans with the airport's marketing plans. �.. Policy 2.9: The County, through the Indian River County Chamber of Commerce and its Economic Development Division, shall identify and increase investments needed to enhance a competitive advantage. Polia 2.10: The County, through the Indian River County Chamber of Commerce and its Economic Development Division, shall facilitate interactions between venture capitalists, lawyers, scientists, entrepreneurs, and financiers for new product development and new target industries within the county. Policy 2.11: The County shall request Federal and State agencies to expedite permit processing for target industries and to eliminate duplication and streamline permit processing. This shall include submission of letters and e-mails and phone calls to appropriate Federal and State agencies requesting expedited permitting and follow-up communications with these agencies. Policy 2.12: The County building division shall provide weekend inspection services at cost, based on employee availability and the *commercial/industrial tenant's need. Policy 2.13: The County shall periodically re-evaluate its economic development incentives by Community Development Department Indian River County, 46 Attachment 3 30 INDIAN RIVER COUNTY AD VALOREM TAX ABATEMENT APPLICATION SCORING GUIDELINES Scoring Matrix NUMBER OF NEW FULL TIME JOBS CREATED Maximum Number of Points: 30 POINTS 1. 10 —19 jobs (manufacturing) or 10 25 — 49 jobs (sales factor) or 50 — 99 jobs (corporate office) or 2. 20 — 29 jobs (manufacturing) or 18 50 — 74 jobs (sales factor) 100 — 149 jobs (corporate office) or 3. 30 — 49 jobs (manufacturing) or 25 75 — 99 jobs (sales factor) 150 — 199 jobs (corporate office) or 4. 50 or more jobs (manufacturing) or 30 100 or more jobs (sales factor) 200 or more jobs (corporate office) or LEVEL OF AVERAGE WAGES Maximum Number of Points: 30 POINTS 1. More than 75% but less than 100% county average wage 10 2. 100% or more but less than 115% county average wage 18 3. 115% or more but less than 150% county average wage 25 4. 150% or more 30 LEVEL OF LOCAL CAPITAL INVESTMENT Maximum Number of Points: 20 POINTS 1. More than $100,000 but less than $500,000 20 2. $500,000 or more but less than $1,000,000 20 3. $1,000,000 or more but less than $5,000,000 20 4. $5,000,000 or more 20 F:\Community Development\Users\EDplam r\lncentives & Funding\Taz Abateriments\2010 Tax Abatement\Applicatio \Ne Appphatiioonn 1 2016\taxabatementappscoresheet -Revised 2015.doc PROJECT EXCELLENCE Maximum Number of Points: 20 POINTS ® Special project attributes that advance county economic development 0-20 goals, objectives, and policies Award Categories &I,-+ ParrPntaaP by YPar Total Points Yr. 1 Yr. 2 AURLVlllvu.. Yr. 3 a v Yr. 4 Yr. 5 1 Yr. 6 Yr. 7 Yr. 8 Yr. 9 Yr. 10 1. 40-60 100% 100% 800/0 60% 40% 20% 10% 0% 0% 0% 2. 61-80 100% 100% 90% 80% 60% 40% 20% 10% 0% 0% 3. 81 or more 100% 100% 100% 90% 80% 70% 60% 50% 40% 30% F:\Community Development\UsersTDplannrUncentives & Funding\Tax Abatements\2010 Tax Abatement\Applicatio \Ne Appl'cation - 2 2016\taxabatementappscoresheet - Revised 2015.doe Atha c h m e n t 4� t t 71 7.0512 mills . NIR-ftODOODO Real Property Capital Invesment Eligible for e $3,00D.000 $3,000,000 $3,000,000 $3,000,000 $3,01)(1,000 $3,000,000 53,000.0DO $3-000 000 $3,000,000 t Abatement (Assumed to Remain Constant) To. a Pro im Personal Property e $810,00'0 $729,000 $656,100 S590,490, S531,441 $478,297 5430,467 $283,500 $283,500 $283,500 Projected County General Fund, MSTU, and Cc County Services District Tares Abated @ 7,0512 Emergency Seryc. District $26,865.07 $26,293.92 $25,779.89 $22785.54 $19,920.72 $17,168.32 $14,513.35 $11,576.31 $9,261.05 $6,945.78 $181,110 Mills PigectedCounlyGeneralFonddn'd, MSTUX Wiij "I" V At - rM 20S V 'A IiO Footnotes 1. Average Annual Wage -Manufacturing category average used: Florida Agency for Workforce Innovallon, Labor Market Statistics Center, Quarterly Census of Employment and Wages Program (QCEW). $42,876 for 2018 2. Uninconated County Tax Rate - From the proposed 2020121 County Budget and Includes the follovdng categories and rates: General Fund 3.5475, Municipal Service Taxing Unit Fund 1.1508. and Emergency Services _Irt.12 31 DIS Attachment 5 33 ECONOMIC DEVELOPMENT AD VALOREM PROPERTY TAX EXEMPTION DR 416 196.105; FBS W SWUtM fa. 92o iro be ow sorw of G a1. � of � , abaht. nu:HAw . Mitch i of ft Yw #t9 .MWOW Is !diad E9 "As 4ftd- AWICalttiirr to"Ned nW ffaler ft" WTO i Attachment 7 �q FCP TA►CTIM LLC W04 atm J =n z;;wy pays r me snd � afo; yr yx is sf Ct O BEACH, FL 2 Nam WM PADGM nuflher 772$�4�OiT7 g Locsfto %,@0 D WW StrW AO*ew);f pm"ft dar tie Mum is ftd to tliha#�>�f ZoZ�y 1554MAVE 5 �� � � ist, n�1 erlY �r tit tti� � � 61 .. .: �f .� �ds►�. TRi1CTJA3b,Odl3$I"idANUOM.WT ORGF1CCil" kiel ysf 6�e �NbtitSpl ti9t8 a R'n arttl d MA 1 S:O�b, id bf+. APPPAWM M owY . ;� � T i IC�It>bafls ry4 Of tt4 Psi f coo, Gorsd' FaiP f►�liel F€�att' $ee Attt3{ ineftt Average Vafw aaf kwonun on haat;' 'CwAltion: good, an lowago), or poor Any a ai Pxsot+el PtOPW%Y rat sated a br an WWAPtW '% atm "WW be attar wd an to" DR40S 4T4n Peres W Papeft Tax Rrrhms) and a Wy Ombod ID Oft foefrt- 7 t yoia s as a ne7w t� or e' o[att .tatty S 7iad�'181r1at8 Fcfisc� as artafty as trp�f) 8 ppscribe too or naaWm of yme t mines R*W Q 1� � OP Wsbnal AL At1i�t1T1�t S rotEARU CESIG t A i o y {K°,TUFW4G; NAtCS 333992 , © a)wm- . •p-*- 10 wM&r of U -lima empfoye4s to be eroplc�td in FWWR )fan axw>;iristt of an esdsling Fa ai 100 'f5msut*V.fmm ttsv+anse in poduuh a aW via wparaim i 1 Saffsa fa Or for dta faCw;;gLl4slft exemptk TOW sates in Fhsrida trona this r}� iota3 altos vwtry>"�st►e hexa dtsi6 s °� ri pyo,, a„�r ilvai6tytma {7) tcsatam awy 12 For 0 s alta Md prom rued bV a IDale 0f.ir►cowsoc n Of h dome lompipytes al this ktafsan 225221li0n Wfy da Waed in Fbrids fin Fforfda I Eby tit arse adopum of on aminswA Wo"tem lacy pg= from ad vefcrom tom0w an tt:p above PvPsftY PMAK b Scuola 14SAW So idR Siedtt�9. I'ame to fsrnsat+ surh ether rife jr4of mt;4f1 as ftte SWrd of Coit 4 CWW"kar.n�sers, lhg 90" 9 �Y 61 th*F "WWPOP 3Y, Or Ih4 Propedy App"St tt�ay l0gnss its M"to to Ute cxerr�pwn rimes herds°. I lase *W Y Ihal fttg tl�erai►5Wn smd voivaiian 94efDd ala9+r2 by rrse is uses. btr t etrtao,�e �lhe► itt�+ Uae Isurpalfer, Itis danly:tetkxt is b & d cn 431 irftorma6ora of as , arsd. eonlAtato t0 d W best trd Lary iryto4t4Gdpt 8rx3lzet+et (If pregSred which he hu arty Wrtedge.) _ ftlwvts. pMp&w '� t � Pnapet+e/9 erldra¢s Si pok", taYPayef Tot ^- •ice Al f '8 tNQ}tiseit6 Prohfrldi 1ly -- 1 lofe! lysvesanrs ®vt t>!y to rho ervem�ty as m cnttlp tity roc �o csssvaerti �cai IruX 1 1 r14hx i 5 �� . it iwtoo* causes Wf#eCWomfocal yetvbytAUSod*vowftm PFWADU4 gsnw WNW 44$aura Currm 4=0 JAW amw $ `� G, e4p 9. 07 . Iltqes► s�trty, #se �.ynptaan rs r q 8 t+ d a� Nva E>w Yo iV of the taaoeble vmtues jeer W ih® wsu+0' ray ly Niter vssamy s eppFied dei ural9i rsvertar.s to rysat 3 at asY 3 L9 wM d i have r3ef6rd tts� ibk+ !•RY fished ebave rra�ifa Um dam+. t5 by Sas�rrt 't96.ffi72{15) ar {9f3), ftxida Shal�as, � e AWICalttiirr to"Ned nW ffaler ft" WTO i Attachment 7 �q Tangible Personal `fax Pial'' Toaical LLC Office Furniture- 51510 Office Equipment- $15,DW Forklift/Heavy Equip- S30; Production Equipment- $750,0000 1 Attachment 7 39 112020 PCP Tactical LLC - ECONOMIC DEVELOPMENT APPLICATION IRC PROPERTY APP RAISER'S ATTACHMENT TO DR -418 M'i ORDINANCE NO. 2020® AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER ' COUNTY, FLORIDA, CREATING A NEW SECTION 1100.15 (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION GRANTED TO PCP TACTICAL, LLC ("BUSINESS")) OF CHAPTER 1100 (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION) OF TITLE XI (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION) OF THE CODE OF INDIAN RIVER COUNTY GRANTING AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO PCP TACTICAL, LLC; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Title XI of the Code of Indian River County, entitled "Economic Development Ad Valorem Tax Exemption Ordinance," authorizes the Board of -County Commissioners to grant economic . development ad valorem tax exemptions ("Exemption") to certain new or expanding businesses; and WHEREAS, Section 196.1995(l 1), Florida Statutes, requires that any action of the Board granting an Exemption to a new or expanding business be set forth in an ordinance; and WHEREAS, the Board has determined that all prerequisites to the granting of an Exemption to PCP Tactical, LLC have been met, and the granting of such Exemption will promote and strengthen the local economy and thereby enhance the health, welfare and general well-being of the citizens of Indian River County, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Enactment Authoritv. Section 3, Article VII of the Florida Constitution and Section 196.1995, Florida Statutes, authorize the Board of County Commissioners to grant economic development ad valorem tax exemptions to certain new and expanding businesses, upon majority vote in favor of such authority in a referendum called for such purpose. In a referendum held on November 2, 2010, a majority of voters in Indian River County voted in favor of such authority, and Title XI of the Code of Indian River County, entitled "Economic Development Ad Valorem Tax Exemption Ordinance" became effective. ORDINANCE NO. 2020-, Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Additionally, the Board specifically finds that PCP Tactical, LLC meets the requirements of Section 196.012(15), Florida Statutes. Section 3 Creation of Section 1100.15 of Chapter 1100 (Economic Development Ad Valorem Tax Exemption). Section 1100.15 of Chapter 1100 (Economic Development Ad Valorem Tax Exemption) of the Code of Indian River County, Florida, is hereby created to read as follows: CHAPTER 1100. v ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION Section 1100 15 -Economic Development Ad Valorem Tax Exemption Granted to PCP Tactical, LLC ("Business"). (1) An economic development ad valorem tax exemption is hereby granted to Business whose address is 3895 39th Square, Vero Beach., FL, 32960. The exemption shall apply to its new improvements to real property and its new tangible - personal property related to its planned expansion of its existing business to be t_ located at 4155 49th Avenue Vero Beach, Florida, 32967 described as lots 2, 3, and 4 Indian River Industrial Center, according to the plat thereof recorded in Plat Book 23 Page 9 of the Public Records of Indian River -County, Florida. This exemption shall apply only to the improvements to real property and the tangible personal property described in Business' Application for such exemption. (2) The exemption shall be for a term of 10 years commencing with the first year the new improvements or new tangible personal property are added to the assessment roll The amount of the exemption shall be a specified percentage of county ad valorem taxes for the General Fund, Municipal Services Taxing Units, and Emergency Services District which would otherwise be due with respect to the new improvements or new tangible personal property in the absence of the exemption The approved exemption percentages are, as follows: Year 1 (January 1 2023 tax roll) .......100% Year 2 (January 1 2024 tax roll) .......100% Year 3 (January 1 2025 tax roll) .......100% Year 4 (January 1 2026 tax roll) .......90% Year 5 (January 1 2027 taxroll) .......80% Year 6 (January 1 2028 tax roll) .......70% Attachment 8 39 ORDINANCE NO. 2020= Year 7 (January 1, 2029 tax roll) .......60% Year 8 (January 1, 2030 tax roll) .......50% Year 9 (January 1, 2031 tax roll) .. ...40% Year 10 (January 1, 2032 tax roll) ......30% (3) On. or before January 15th of each year, beginning in 2023, PCP Tactical, LLC shall submit to the County Community Development Department an annual report providing evidence of continued compliance with the definition of an expanding business and the Indian River County Ad Valorem Tax Abatement Application Scoring Guidelines used to set the exemption percentages set forth above for each of the ten years during which PCP Tactical, LLC is eligible to receive ad valorem tax exemption. If the annual report is not received, or if the annual report indicates PCP Tactical LLC no longer meets the criteria of F.S. � 196.012, or no longer meets the Indian River County Ad Valorem Tax Abatement Application Scoring Guidelines used to set the exemption percentages set forth above, the County Community Development Director shall make a report to the Board of County Commissioners for consideration of revocation or reduction of the tax exemption awarded under this section. (4) The total amount of revenue available to the County from ad valorem tax sources for the current fiscal year is $119,796,352; the total amount of revenue lost to the County for the current fiscal year by virtue of economic development ad valorem tax exemptions currently in effect is $0; and the estimated revenue loss to the County for the current fiscal year attributable to the exemption granted in this section is $0. The estimated revenue loss to the County for fiscal year 2023 is 26,865.07 (5) The exemption shall be subject to all provisions set forth in sections 1100.01 through 1100.13. Without limitation, the continuation of the exemption shall be contingent upon Business' compliance with section 1100.10 relating to "Continuing Performance." (6) The Board specifically finds that Business meets the requirements of section 196.012(15), Florida Statutes. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Effective Date. This ordinance shall become effective upon enactment by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 18th day of October, 2020, for a public hearing to be held on the 28th day of October, 2020, at which ,3q ORDINANCE NO. 2020 - time it was moved for adoption by Commissioner seconded by t Commissioner , and adopted by the following vote: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the ordinance duly passed and adopted this 28th day of October, 2020. BOARD OF . COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 0 ATTEST: Jeffrey R. Smith, Clerk and Comptroller By: Deputy Clerk Susan Adams, Chairman EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of October, 2020. Attachment 8 fjD ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION AGREEMENT THIS AGREEMENT is entered into as of the day of October, by and between Indian River County, a political subdivision of the State of Florida ("County") and PCP Tactical, LLC, a limited liability company, organized and existing under the laws of the State of Delaware ("Business"). WHEREAS, County has adopted the Indian River County Economic Development Ad Valorem Tax Exemption Ordinance ('Ordinance'), set forth in Title XI of the Indian River County Code ("Code"); and WHEREAS, County has adopted Ordinance No. 2020- ("Exemption Ordinance") granting an economic development ad valorem tax exemption ("Exemption") to Business; and WHEREAS, the Ordinance and the Exemption Ordinance both provide that the Exemption shall not be effective until County and Business enter into this Economic Development Ad Valorem Tax Exemption Agreement ("Agreement"). NOW, THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Definitions. Unless otherwise stated, all capitalized terms herein shall have the meaning set forth in the Ordinance. 3. Business' Representations, Covenants and Warranties. At all times during the term of the Exemption, Business represents, covenants and warrants to County'that: (a) all information submitted by Business in the Application is, and was at the time of submittal, true and correct, (b) all information submitted by Business in any annual report submitted pursuant to section 1100.10(b) of the Code will be, at the time of submittal, true and correct, (c) each representation previously made by Business to County's Board of County Commissioners in a public meeting was, and each representation made by Business to County's Board of County Commissioners in the future will be, at the time of such representation, true RAC.—I.yDevJop.-11U-1EDp1—LWCENI7VM&pVND/NGW=AbaiemmuWpplic tiomiConfidential- CIBCCAgendnitemlBCCAttoch.,nt L4rtochmenl9-E-D-Ad Vn1T E—p-AgtmtpCp7- ticd/o-I6-20d page 1 of 5 Attachment 9 4/ and correct, (d) Business will fully perform ' and remain in full compliance with all. Exemption �. Requirements and all requirements of this Agreement, (e) without limitation, Business will establish'and continue to provide all jobs required for Business to qualify as an Expansion of an Existing Business ("Jobs'), (f) without limitation, the average wage paid by Business with respect to the Jobs during each calendar quarter will be equal to or greater than the average wage represented by Business in the Application, and (g) Business has not committed and will not commit any Violation of Law (each of subparagraphs (a) through (f), "Commitment"). 4. Annual Status Reports. On or before January 15th of each year, beginning in 2021 and ending in 2030, the Business shall submit a status report to the County Community Development Department. At a minimum, the status report shall include the name, address, and contact information of the current owner and the current operator of the facility to be located at 4155 49d' Avenue, Vero Beach, Florida, 32967 described as lots 2, 3, and 4, Indian River Industrial Center, according to the plat thereof recorded in Plat Book 23, Page 9, of the Public Records of Iridian River County, Florida., a description of current facility operations, the current total number of facility employees, the current total and average wages of employees, and a description of any improvements made to the facility during the previous year, f and additional information that County may need to evaluate the company's performance. The status report shall be signed by the facility owner (or authorized representative) and by the facility operator, and each signature must be notarized. S. Violation by Business of Commitment. In the event of a violation by Business of any Commitment, County may, in its sole discretion, (a) revoke the Exemption, effective immediately, (b) revoke the exemption, effective as of the date of violation of the Commitment. In such case County, the Property Appraiser or the Tax Collector shall be entitled to recover all taxes not paid as a result of the Exemption (after the effective date of such revocation), plus interest, costs of collection and attorney's fees, as set forth in section 1100.11(b) of the Code, (c) reduce the Exemption, with respect to either the amount (percentage) or term of the Exemption, or (d) pursue any other remedy available in law or in equity. Business shall immediately notify County in writing of any facts or events which constitute or may constitute a violation by Business of any Commitment. P.IConnnunity0rvelopmenrlUa..lWpl ,VNCENTIVES&FUNDINGIT A6mensnB*Plimtion 1Co fdenlid- CIBCCggendaliemiBCCAti chmmuL4ti ehm niY-Em De Ad Val T Ewmp Agrm[FCP Tmli-1 1046-70.dna page l 2 of 5 Attachment 9 1� 6. No Limitation of County's Rights. Nothing .in this Agreement shall be construed as a restriction or limitation of County's rights as set forth in general law or the Code, including the Ordinance and the Exemption Ordinance. 7. County's Right of Inspection. At any time during the term of the Exemption, County shall have the right to inspect any of Business' books and records to determine Business' compliance with all Exemption Requirements and all requirements of this Agreement; provided, however, that nothing in this paragraph shall be interpreted as relieving Business of its obligation to notify County in writing of any facts or events which constitute or may constitute a violation by Business of any Commitment, as set forth in paragraph 4 above. 8. Public Records. Business acknowledges that any records made or received by County in connection with the Exemption are subject to the Public Records Act, Chapter 119, Florida Statutes. 9. Transfer of Property Subiect to Exemption. Business shall notify County of any transfer of real or personal property subject to the Exemption, within thirty (30) days of such transfer. 10. Form of Notice. Any notice hereunder shall be in writing and delivered by (a) certified mail, return receipt requested, (b) overnight orpriority mail, in a form providing proof of receipt, or (c) hand delivery, with written acknowledgement of receipt by the recipient. 11. Interpretation. This Agreement has been submitted to the equal review and scrutiny of both parties, and both parties agree that it fairly and accurately sets forth the terms their agreement. In any dispute between the parties, the Agreement shall be given a fair and reasonable interpretation, without consideration or weight being given to the fact that it was initially prepared or drafted by,any particular party. 12. Severabilitv. Each provision of this Agreement is deemed to be separate and divisible. If any provision shall be held invalid, the remaining provisions shall remain in full force and effect. 13. Governinig Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. F.ICammuniyDrvrlapmenrlUaeralEDplmmrVNCENT/YES&FWDINGIT Ab -I— n61App0,.Y ..IConfide.1iaf-CIBCCAge.d1lemIBCCAll..h.-at4lmchmen19-E-De Ad VW T-,&,.p-AgmdPCPT Oc.110-16-20.6- page 3 of S Attachment .9 43 14. Jurisdiction and Venue. Exclusive jurisdiction for any proceedings arising out of or relating to this Agreement shall be in the circuit court of the State of Florida. Venue shall be in Indian River County, Florida. 15. Attorney's Fees, etc. In any legal proceedings arising out of or relating in any way to this Agreement, the prevailing party shall recover from the non -prevailing part all fees, costs and expenses, including, without limitation, reasonable attorney's fees at all trial, appellate and collection levels. 16. Waiver of Jury Trial. EACH PARTY- HEREBY KNOWINGLY AND INTEN- TIONALLY WAIVES TRIAL BY JURY OF ANY ISSUE ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT. ALL SUCH ISSUES SHALL BE RESOLVED BY NON -JURY 17. Amendment. This Agreement may be amended or modified only by subsequent written agreement signed by all parties and, with respect to County, approved by County's Board of County Commissioners. 18. Successors and Assigns. This Agreement shall be binding upon the parties and their successors and assigns. IN WITNESS WHEROF the parties hereto have executed this Agreement as of the date first written above. PCP Tactical, LLC, A Delaware Limited Liability Company Print Name: Its Managing Member BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA F..IC.--iyLkvdoPmea[tl,,,EDpi—,VNCENTIYPS&FUNDINGITrAbNemmvl4pplhmioa,ICaedm11a1-CIBCCAgendalle.IBCCkt-h,,mnl411.chmmr9-Ern DevAd V.1T Finap-AgnmPCP T - A-1 page 4 of S Attachment 9 By.: Susan Adams, Chairman BCC Approved: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency Dylan Reingold County Attorney Approved: Jason E. Brown County Administrator F.ICommunirylkvelopmenrlUserslEDp! rVNCENTNES&FVNDINGIT Aba1rmenUL4ppli-iio-IConfideniio!-CIBCCA91� ll,mIBCCAff—h.e I L411. hmeni 9-E—De Ad MIT F—p-Ag-IPCP Txtiea110-16-30.d_ page 5 of S Attachment .9 #5" INDIAN RIVER COUNTY ATTORNEYS OFFIC 1801 27TH ST # of Affidavits 1 4/9 NOTICE OF INTENT - PUBLIC VERO BEACH, FL 32960-3388 HEARING made at lstht need NOTICE IS HEREBY GIVEN that STATE OF WISCONSIN the Board of County Commis- sioners of Indian River County, COUNTY OF BROWN Florida, will conduct a Public tim record of the proceedings Hearing to consider adoption of a proposed ordinance enti- --- ----Before--the—undersigned -authority--personally--appeared;--said----tied:- al clerk, who on oath says that he/she is a legal clerk of the legal y g BO ORDINANCE OF THE BOARD OF COUNTY COMMIS - Indian River Press Journal, a daily newspaper published at Vero SIONERS OF INDIAN RIVER Beach in Indian River County, Florida: that the attached copy of ETIG A COUNTY NEWF SECTIOFLORIDAN CR1100.15 advertisement was published in the Indian River Press Journal (ECONOMIC DEVELOPMENT in the followingIssues below. Affiant further says that the said y TI VALOREM TAX EXEMP- TION GRANTED TO PCP TACTI- Indian River Press Journal is a newspaper published in Vero CAL, LLC ("BUSINESS-)) OF , Florida, and that said Beach in said Indian River County, CHAPTER 1100 (ECONOMIC DEVELOPMENT AD VALOREM newspaper has heretofore been continuously published in said TAX EXEMPTION) OF TITLE XI Indian River County, Florida, daily and distributed in Indian River (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMP- County, Florida, for a period of one year next preceding the first TION) OF THE CODE OF publication of the attached copy of advertisement; and affiant INDIAN RIVER E GRANTING AN ECONOMIC DE- further says that she has neither paid or promised any person, further VELOPMENT AD VALOREM firm or corporation any discount, rebate, commission or refund TAX EXEMPTION TO PCP TAC- TICAL, LLC; MAKING FIND - for the purpose of securing this advertisement for publication in INGS AND PROVIDING FOR the said newspaper. The Indian River Press Journal has been SEVERABILITY AND AN EFFEC- IVE DATE. TI entered as Periodical Matter at the Post Offices in Vero Beach, The Public Hearing will be Indian River County, Florida and has been for a period of one held on Wednesday, October 28, 2020 at 2:00 p.m., or as year next preceding the first publication of the attached copy of soon thereafter as the matter advertisement. may be heard, in the County Commission Chambers located on the first floor of Building A 10/18/2020 of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960, at which time interested parties may be heard with respect to the proposed ordinance. The proposed ordinance may -- _ be inspected by the public, by Subscribed and sworn to before on October 18, 2020: appointment, during regular business hours (8:30 a.m. to �j 5:00 Friday)p my., Monday through callingh ice of the Boar of County Commissioners at 772- 226-1916; or alternatively, the proposed ordinance may be inspected at www.ircgov.com. Notary, State of WI, County of Brown Anyone who may wish to ap- # of Affidavits 1 4/9 peal any decision which may made at lstht need -ARA MONDLOCH a�nveba- o esuree tary Public =Ir tim record of the proceedings of Wisconsin is made, which includes testi- mony and evidence upon which the appeal is based. Anyone who needs a. special accommodation for this meet- ing must contact the County's Americans With Disabilities My commission expires August 6, 2021 Act (ADA) Coordinator at 772- 226-1223 at least 48 hours in Publication Cost: $131.67 advance of the meeting. INDIAN RIVER COUNTY Ad No: 0004418044 BOARD OF COUNTY Customer No: 1310775 COMMISSIONERS SUSAN ADAMS, CHAIRMAN PO #: Publish: Oct. 18, 2020 TCN4418044 # of Affidavits 1 4/9 Indian River County Board of County Commissioners October 28, 2020 PCP Tactical, LLC Economic Development Ad Valorem Tax Exemption (Tax Abatement) Application Authority for Tax Abatement • November 2, 2010: Indian River County voters approved a tax abatement referendum, and the tax abatement ordinance (Chapter 1100 of the Indian River County Code) then went into effect. That ordinance, along with state statutes, establishes tax abatement requirements, sets tax abatement limitations, and governs the County's tax abatement process 1� Tax Abatement Review Entities EDC Review with Recommendation to BCC (October 13tH) • Chamber of Commerce Review with Recommendation to BCC (Completed) • Property Appraiser's office review with report to BCC (Completed) • BCC Public Hearing to Consider Ordinance for tax abatement &agreement with company (October 28, 2020) PCP Tactical, LLC • Existing manufacturer in the County that produces lightweight small -arms ammunition primarily sold to the U.S. military. • Company currently employs twenty (20) people • Proposes to expand to employ an additional twenty-two (22) people with an Average Annual Wage of $50,,208.53 • Proposes to locate at 4155, 4185, and 4225 49th Avenue, Vero Beach • Indian River Industrial Center Subdivision - north of 41St St. and approximately V2 mile west of 43rd Ave. PCP Tactical. LLC • Manufacturing is one of the County's Target Industries. Project is located in the County's Enterprise Area (Formerly Designated as an Enterprise Zone - economically depressed area of the County). • Submitted for apre-application conference. Site plan approval will be needed prior to obtaining permits to construct a new manufacturing facility on the subject site. • Applicant estimates that all construction for the entire facility will be completed during calendar years 2021-2022 • Any approved tax abatement could start with calendar year 2023 (tax bill issue date: November 2023). M County Tax Abatement Program • ,Exemption from certain ad valorem taxes (property taxes) for a period of up to 10 years for certain business types (e.g. Manufacturing, Corporate Office) — Manufacturing = Min. of 10 new jobs • Exempt up to 100% of the assessed value of new real property improvements and newly installed tangible personal property for purposes of assessing "County taxes". • Applies to County: General Fund, Municipal Services Taxing Unit (MSTU), and Emergency Services District Fund. • For 2020/2021 budget year: Approximately 46% of the property tax bill for the subject properties within unincorporated county • No other taxes, such as School District taxes or taxes levied for the payment of bonds, are affected by the tax abatement. i Y.,a ,�, ",x.�E'..w tiKE a 6 a 3' w a F ,n i�h i F =C`7,.e € ��•`Fi�,v on .�s`F w �.f 1-�r ,��t� %p a^°''4��xt„, n�:, t i ,. �`� fi y`�' 7 .±'y .er,�r' k: � , a..'`'f � `k ue 6 i k 1;G ., JOBS CREATED :.de r� f's;� i.• NUMBER OF NEW FTTLLTIlVIE 4; k•`f` - E ir'''E .f,. ^� `x" -'x°'? x. ; mt; .s �, ` II a,._ t .,Fit.- r'k• p f - ,- 3 `�'�N� d � tg 'yEt•. : L..� �4 "'�'r+� '� 4f'�, �' .:s;,E' F” ,'t -�`zE. M�.:.t r �. 9 d �azr,6 F3 *$is.. y. 'k. �F� tii ;dY 't i ,�. kj• I` .. t�...Et v. f %' Y � i • u �w yq � "` '8 � (+� '� e` in.. � t*i s 4 I � tµ� F � t �' fs �. ::; h ai � ^,� l0". A y g.,Stt fit}�i'�'`r 'x3 Wh �&:,3? •,,,� ��,^� 1 � �•c ' a� � bi 1 �h 1 r — � �-#"3� ,r, �`' __ *s= I�,i :�f;,y,,:S,:. �-� �Ft � S � ATw 1. 10 — 19 jobs (manufacturing) or 10 25 — 49 jobs (sales factor) or 50 — 99 jobs (corporate office) or 2.20 — 29 jobs (manufacturing) or 18 50 — 74 jobs (sales factor) 100 —149 jobs (corporate office) or 3.30 — 49 jobs (manufacturing) or 25 75 — 99 jobs (sales factor) 150 -199 jobs (corporate office) or 4.5 0 or more jobs (manufacturing) or 30 100 or more jobs (sales factor) 200 or more jobs (corporate office) or jO 2. 100% or more but less than 115% county average wage 18 3. 115% or more but less than 150% county average wage 25 4. 150% or more 30 2. $500,000 or more but less than $1,000,000 20 :3. $1,000;000- or�more -but less .than $5,000,000 20.. . . 4. $5,000,000 or more 20 Special project attributes that advance county economic development 0-20 goals, objectives, and policies Abatement j 4q d d a�5 Y i by YearY i g _Percentage Yr. I� Yr.` 2 Yr. 3 Yr..4 Yr 5 :Yr 6Yr 7 Yr8 Yr 9 Yr. �1OG� = Total Po%nts _ - 1.40-60 100% 100% 80% 60% 40% 20% 10% 0% 0% 0% 2.61-80 100% 100% 90% 80% 60% 40% 20% 10% 0% 0% 3. 81 or more 100% 100% 100% 90% 80% 70% 60% 50% 40% 30% fin `nn Tax Abatement Ordinance and Agreement Tax abatement ordinance requires tax abatement grantees to enter into a tax exemption (abatement) agreement with the county • meet all exemption (abatement) requirements on a continuing basis • file an annual compliance report with the county • immediately advise the county of any failure of the business to meet exemption (abatement) requirements • BCC is authorized to revoke or revise the exemption under certain conditions 0 Conclusion • Project qualifies for highest award category • Number of Jobs, Wages, Capital Investment, Advancement of County Goals • Average Annual Wage - $50,208.53 — Higher than County and Much Higher than surrounding area • 10 year tax abatement beginning in 2023 • Maximum potential total property tax abatement over the 10 year period in current dollars is roughly estimated to be $181,110 • Maximum potential total property taxes paid in current dollars is roughly estimated to be $287,921 for schools, bonds, and other districts and $66,220 for the general fund, MSTU, and emergency services fund. RECOMMENDATION Staff and the EDC recommend that the BCC: 1. Find that the PCP Tactical, LLC facility qualifies as a "Expansion of an Existing Business" under the tax abatement ordinance; and 2. Find that the application scores in the highest tax abatement award category under the adopted scoring guidelines; and 3. Grant a tax abatement using the schedule for up to the highest award category, with up to the 10 year abatement period to begin in 2023 (a lower award category may be applied if company's performance results in it meeting lower average wage and/or lower # of provided jobs); and 4. Approve the attached ordinance granting an economic development ad valorem tax exemption to PCP Tactical, LLC; and 5. Authorize the chairman to execute the Economic Development. Tax Exemption Agreement For PCP Tactical, LLC Facility. 0-1 PCP Tactical, LLC Tax Abatement Calculations P7 ,Ta ternent-Scoring ellmneslCat44 a e , Points Notes , Number of &m Full Time Jobs Created 22 18 20-29 category (manufacturing) Average Annual Wage' $ 50,208.53 25 115Y or more but less than 150% count q average annual wage Level of Local Capital Investment - Tangible $ 1.000,000.00 NA Level of Local Capital Investment - Building EmpansionValuel $ 3.000,000.00 NA TOTAL Capital Investment r $ 4.000,000.00 20 Between $1.000.000 and $5.000,000 Local Capital Investment Assume 20 out Manufacturing is one of the County's Target Industries. Project is located in the County's Enterprise Area Project Excellence I of 20 points 20 1 fFormed q Designated as an Enterprise Zone - economically depressed area of the County). I Total Points 83 P % Total iinfs,,`,'�' Yr_ Yi W2,1101 1.40-60 100! 100% 80Y 1 60% 1 40% 20% 1 10% 1 0/ 0/ 0% 2.61-80 100Y 100% 90/ 1 80% 1 80% 1 40% 1 20% 1 10% 0% 0% 3.81 or more IUU% IUU% IUU% VU% UUY MY t;u% buy 4uy M% Un near mated Ta's Rate' 7.05121 Mills ount' ,:'Yr 2`12` Y 01-Y r., .4 -W 'S".W.- Wl, �',Yi'-10• Oall Real Property Capital Invesment Eligible $3.000.000 $3.000.000 $3.000,000 $3.000.000 $3.000.000 $3.000.000 $3.000,000 $3.000.000 $3.000.000 $3,000,000 for Abatement (Assumed to Remain Tangible Personal Property $810.000 $729.000 $656.100 $590.490 $531,441 $478,297 $430,467 $283,500 $283,500 $283,500 Projected County General Fund. MSTU. and Emergency Services District Taxes $26,865.07 $26.293.92 $25,779.89 $22.785.54 $19.920.72 $17,168.32 $14.513.35 $11.576.31 $9.261.05 $6,945.78 $181.110 Abated LZ 7-0512 Mills Projected County General Fund. MSTU. & Emergency Services District Taxes $0 $2.532 $4,980 $7.358 $9,678 $11,578 $13,892 $16,207 i $86,220 Collected (Not Abated]LZ7.0512 Mills 01 �101 I AnIzInsup I Wa rig - manufa cturi ng ta-,2 gory avempe- tj!�td, Flatils Awncyfoe %11crkFdrre InrovaCkO, Lat, d r S42,Udfor Mla 2.,Un1UQDrpcirat9d County Tax Rate - Ftcra 1he 1:ropcuedA202L1121 Courty Budge, and includes the following caugorfut; arnd rak�!v Gan---ral FuM 3.5475, 1A imitirml Service T;Wrig Unit Fund 1.1508 and Emergency &--roicen Diziri--f :t [ q 2. _31 PCP Tactical, LLC Tax Abatement Scoring - Draft 10-12-2020 aX'Abatement, Scoring ax Abatement. Guidelines/Categories Value Points Awarded Notes Number of New Full Time Jobs Created 22 18 20-29 jobs category (manufacturing) 115% or more but less than 150% county average Average Annual Wage 0.,20&0'51, "'25, annual wage Level of Local Capital Investment - Tangible Property $810,000 NA Level of Local Capital Investment - Building Expansion Value $3,000,000 NA Between $1,000,000 and $5,000,000 Local Capital TOTAL Capital Investment�'$4000;000 20 `` ``Investment .r Manufacturing is one of the County's Target Industries. Project is located in the County's Enterprise Area (Formerly Designated as an 20 out,of 20 Enterprise Zone - economically depressed area of Project Excellence points `20 the County). otal Point"s 83