Eaton s Beach Restoration Group, LLC. P0 Box 389 Weirsdale, FL 32195

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1 Eaton s Beach Restoration Group, LLC P0 Box 389 Weirsdale, FL August 8, 2013 Mr. William Kaufman Assistant County Administrator Marion County 2710 E. Silver Springs Blvd Ocala, FL Re:?1 Agreement between Marion County Government and Eaton s Beach Restoration Group, LLC Dear Bill- Per the agreement sited above, we, Eaton s Beach Restoration Group, LLC formally request the reimbursement of $50, per the grant awarded May 7th, Enclosed you will find the documentation agreed upon to substantiate our request. Should you need additional information, please do not hesitate to contact us. We truly appreciate all the efforts and time the County has spent supporting our project. We look forward to being a great destination for Marion County and our surrounding community. Resp,tfully sub itte /[y/ L R ndy Ke ntj Gary Giberson

2 PAYMENT REQUEST FORM Make Check Payable to: Eaton s Beach Restoration Group, [[C P0 Box 389 Weirsdale, Flordia Please check one: fl Mail to Vendor (address listed above) 7x Send to Dept. Administration Date: Aug 9,2013 FEIN# (If new vendor) E Pick Up Check Contact: Nanette Contact Phone # Approvals Department Head Date: Aug 9,2013 Risk Mgr.: (If Applicable) Date: ACA Approval (Over $25,000) 1AJ Date: Procurement: Date: Budget & Project Code: Explanation: MUST BE CHECKED Cost: $50,000 F] Not in Budget fl Purchase Order Closed! Out of Money fl Emergency E I1 Risk Management Other- Explain Additional Justification: Total: $50,000 The 30CC approved an EDIG Infrastructure grant to Eaton s Beach Restoration Group, LLC on May 7, 2013 in the amount of $50,000. The project met the minimum conditions and terms of the contract and recommends a reimbursement of $50,000. Rev 8/13

3 Memorandum - Eaton s Beach Restoration Group, LLC Request for Payment To: Administration, Procurement and Finance Date: August 8, 2013/RM RE: EDIG Infrastructure Grant - Eaton s Beach Sandbar and Grill The Board of County Commissioners approved an EDIG Infrastructure grant to "Eaton s Beach Restoration Group, LLC" on May 7, 2013 in the amount of $50,000. This EDIG grant award was in response to a need for improved public water infrastructure, required storm water drainage and a waste water treatment system. On August 8, 2013, representatives of the company submitted paid invoices totaling $73,692 in related expenses for the waste water and lift station infrastructure only. These invoices did not include an additional expenditure of $24,200 paid by the company for the force main. Nor did it include invoices for other eligible related infrastructure. The work on this portion of the project has been completed and the applicant/awardee is requesting a reimbursement of $50,000 from the County in accordance with the EDIG Infrastructure Grant Agreement. A Budget Amendment Request for this project is scheduled for the August 20, 2013 Board Agenda. Staff has also requested information to verify the beginning of the hiring process for this project. In an from the applicant/awardee dated August 8, 2013, the company has hired the Chef that will be managing the new restaurant. He is in the process of assembling his core team. A full ramp up of employment for additional service personnel will be ongoing during the latter part of August through September. Training of staff and service personnel will begin in September with an anticipated opening date of the restaurant scheduled for the first part of October. Additional audit of employment performance will be scheduled annually for the three year term of the County s Agreement. Also attached to this memorandum is the following: 1. An executed copy of the performance-based Contract Agreement between Marion County and Eaton s Beach Restoration Group, LLC providing for the terms and conditions of the grant and requirements for payment. 2. Two (2) invoices from "Moring Septic Tank Company & Backhoe Service" reflecting installation of waste water related infrastructure totaling $73, Two (2) cancelled checks paid by the "Fabian Dinkins Construction, Inc." on behalf of Eaton s Beach Restoration Group, LLC" covering payment in full. 4. An Invoice #0901 from Eaton s Beach Restoration Group, LLC to Marion County requesting payment of $50,000 in accordance to the EDIG Infrastructure Grant Agreement. The Office of Economic and Small Business Development has reviewed these documents and finds the project to have met the minimum conditions and terms of the County s Agreement and recommends a reimbursement of $50,000. Payment is to made to the order of: EATON S BEACH RESTORATION GROUP, LLC Please have the check drafted from Account # Grants & AidEconomic Development Utility

4 Invoice: 0901 August 8, 2013 Eaton s Beach Restoration Group, LLC P0 Box 389 Weirsdale, FL TO: Marion County Government EDFIG Agreement, dated May 71h, E. Silver Springs Blvd Ocala, FL Quantity Description Unit Price Total 1 Expenses representing the septic system, lift station and $50, $50, other related expenses for Eaton s Beach Restoration Group, LLC project. Grant awarded May 7, ~ J 4 LI1

5 FA B IA DINKINS CONSTRUCTION. INC. Po August 8, 2013 Eaton Beach Restoration Group Attn; Gary Giberson Re; EDIG Grant Dear Gary, Attached are two invoices for the septic system installed at Eaton s Beach and copies of the checks written. These expenses totaling $73, only represent the expenses for the septic system and lift station. The force main was an additional $24, on top of this expense. If you need any further information please let me know. Thai Jef

6 MORING SEPTIC TANK COMPANY & BACKHOE SERVICE 3747 N.W. GAINESVILLE HIGHWAY OCALA, FLORIDA (352) :3 SOLD TO: DATE//33 PHONE NO ~ th PERMIT NO. TERMS UNIT QUANTITY DESCRIPTION PRICE AMOUNT MORING SEPTIC TANK COMPANY & BACKHOE SERVICE MAY ENFORCE A LIEN UPON THE ABOVE IMPROVED LAND IF THEY ARE NOT PAID FOR THEIR CONTRI- BUTIONS TO SUCH IMPROVEMENT. Note: The title of said merchandise remains with the seller until paid in full. TAX TOTAL F-1 1 _ LOCATION 3~

7 1157 FABIAN OINKINS COMMERCIAL COr,srkn,rrI M4r1c GATeWAY alle 21,31 R Saul LW-lAir aj-ic9.wl OCALA.FLOFAUA:IALIIC 4/15/2013 RDER OF Morin Eapilo Tank Cun,apr,y $ 36, TI,iity-S.. Thouand 0155/ Hunsred FoGy-SN ar,4 00/l0fl MaTing Seplic Tank Company 3747 NW Si, notla HigholAy OALIA. FL / 00k57i oI: 0105SDu #1657 Posted 4/16/13 $36,846.00

8 L)LILI rr1, M1 I MORING SEPTIC TANK COMPANY & BACKHOE SERVICE 3747 N W. GAINESVJLLE HIGHWAY OCALA, FLORIDA (352) SOLD TO: DATE PHONE NO. PEWIT TW UNIT QUAflTY -DESCRIPTION iii1i1 PFtCE AMOUNT IIII1I1 1II11IIE411 1! MOING SEPTIC TANK COMPANY &BACKHOESERV!C MAY ENFORCE A LIEN UPON THE ABOVE IMPROVED LAND F TH.Y NOT PA OR THI (7,ONTR. UTONS1C SUCHIMPROVEMENT. Note; The title of said rnorchandlsa remains with The sw!er unth pd In full. TA( TOTAL Job No, L D241, Payable: 10 Surm

9 Imaging - View Transaction 13.secureintemetbank.com/E\4G RvIGI 15 1 /1MG 1151 ash... FABIAN DINKINS COMMERCIAL CONSTRUCTION LLC 2631 SE 58TH AVENUE OCALA, FLORIDA (352) GATEWAY BANK /17/2013 PAY TO THE ORDER OF Moring Septic Tank Comapriy $ **36, Thirty-Six Thousand Eight Hundred Forty-Six and 00/1 Moring Septic Tank Company 3747 NW Gainesville Highway Ocala, FL fl*t*****t** DOL.LAI MEMO C i OQ?7ii :o,329o : Q, R ions Bank > <. C) Ii- L : Regions Bank > < 91.. tiiti R - - C lofi 8/8/ :18 AM

10 ECONOMIC DEVELOPMENT INFRASTRUCTURE GRANT (EDIG) AGREEMENT BETWEEN MARION COUNTY GOVERNMENT AND EATON S BEACH RESTORATION GROUP, LLC. FOR SPECIFIED INFRASTRUCTURE IMPROVEMENTS TO SUPPORT NEW BUSINESS RELATED INFRASTRUCTURE AND NEW TO MARION COUNTY JOBS This Agreement, made and entered into on the 7 day of May, 2013, by and between Marion County, a political subdivision of the State of Florida, (hereinafter referred to as the "COUNTY") and Eaton s Beach Restoration Group, LLC, located at SE Sunset Harbor Road, Summerfield, Florida 34491, possessing FEINI (hereinafter referred to as the "COMPANY") for the support of new water and storm water related infrastructure improvements and new to Marion county job creation, and the COUNTY and the COMPANY hereby agreeing as follows: WHEREAS, EATON S BEACH RESTORATION GROUP, LLC is a new to Marion County business that has secured funding and loan guarantees to establish a $3.8 million capital investment for the development and opening of EATON S BEACH RESTAURANT on the southern shore of Lake Weir, and WHEREAS, EATON S BEACH RESTORATION GROUP, LLC will create up to forty (40) full and part-time new to Marion County jobs as part of this new capital investment in an area of Marion County that traditionally has provided a very limited number of local jobs and employment opportunities, and WHEREAS, EATON S BEACH RESTORATION GROUP, LLC is proposing a significant capital investment in an area of Marion County that has limited public infrastructure for the treatment of waste water as well as storm water retention. The COMPANY wishes to invest in improvements that will enhance a more planned approach for adapting to the long-term sensitivity of the environment adjacent to Lake Weir by constructing targeted improvements for waste water and storm water treatment, and WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY has created an Economic Development Infrastructure Grant (EDIG) Fund designed to support small scale infrastructure needs for businesses seeking to locate or expand within Marion County, create new capital investments and facilitate opportunities for new to Marion County jobs, and NOW THEREFORE, in consideration of the matters set forth above, and in consideration of the mutual covenants and promises contained herein, the COUNTY and the COMPANY (the "PARTIES") hereto agree as follows: Section 1 - Eligibility. This body hereby acknowledges that an Economic Development Infrastructure Grant in an amount not to exceed $50,000 is awarded to EATON S BEACH RESTORATION GROUP, LLC on the 7 0 of May, 2013 to financially support the partial infrastructure needs of the EATON S BEACH RESTORATION GROUP, LLC and the creation of new to Marion County jobs. Further, COUNTY recognizes the following: I. That the COMPANY has demonstrated a need to construct more than 200 feet of new public water infrastructure to enhance fire protection and public safety at the COMPANY S proposed primary place of business, and

11 2. That the COMPANY has demonstrated a need to construct an enhanced storm water retention area to accommodate both on-site and water drainage requirements from the primary public egress to the proposed place of business, and 3. That the COMPANY has demonstrated a need to construct wastewater treatment infrastructure at a higher elevation and beyond a 2,000 lineal feet distance from the Lake Weir waterfront and that this proposed infrastructure improvement will require the installation of a lift station and additional piping to accommodate this need, and That the COMPANY has secured a licensed engineer to design the required and proposed infrastructure needs identified in Section 1.1, 1.2 and 1 3 above, and That the COUNTY S Engineering Office has reviewed the proposed estimates and engineering designs and has agreed that the proposed work is needed to facilitate the COMPANY S project and need to enhance site conditions as they relate to the development of the proposed site. Section 2 Scope of Services and Funding. The primary purpose of this Agreement is for COUNTY to provide partial financial support for the installation of proposed infrastructure improvements identified in Section 1. 1, 1.2 and 1.3 above, improve the treatment of waste water and storm water on site and to enhance the overall public safety. The COUNTY proposes to create public purpose and expend public funds to improve the public infrastructure by providing a grant to COMPANY consistent with the provisions of Florida Statute (2)(3). The use of COUNTY funding shall be subject to the following conditions: a) That a grant of $50,000 be awarded to COMPANY toward the sole purpose of constructing the required infrastructure improvements identified in Section 1.1, 1.2 and 1.3 of this Agreement. b) That the grant to the COMPANY be provided as a reimbursement following the completion of the proposed construction, installation and final inspection and review by the County Engineer. c) That the reimbursement by the COUNTY shall be made as a single payment on a dollar for dollar basis in an amount that shall not exceed $50,000. d) That the COMPANY shall provide copies of all related invoices and proof of payment related to the proposed construction of the proposed infrastructure improvements to verify overall costs. e) That the COMPANY shall provide access to COUNTY and/or its representatives for inspection or audit of the proposed work performed in order to verify the completion of the proposed infrastructure improvements identified in Section 1. 1, 1.2 and 1.3 of this Agreement. That the COMPANY shall demonstrate actions being taken to begin the hiring process for the proposed workforce required to support the opening and operation of EATON S BEACH RESTAURANT. g) That once all conditions in Section 2 of this Agreement have been accomplished, COMPANY shall submit an invoice on company s letterhead to COUNTY for full payment of grant.

12 Section 3 - Penalties for Non-Performance. The COUNTY S Economic Development Infrastructure Grant (EDTG) award of $50,000 has been calculated and based upon a public investment of $2,000 per full-time equivalent new to Marion County job. For the purpose of definition, a full-time equivalent job is equal to any one worker s minimum labor of 40 hours per week or the total of multiple part-time workers equaling a minimum of labor of 40 hours per week. COMPANY proposes the creation of up to 25 full-time equivalentjobs within 36 months from the execution of this Agreement. The COUNTY shall assess the performance of the COMPANY on the 36 month anniversary of this Agreement or on or about December 18, 2015 to assess the proposed job creation proposed by the COMPANY. If the COMPANY fails to create a minimum of 25 full-time equivalent jobs by the anniversary date, COUNTY has the right to assess COMPANY a total of $2,000 per full-time equivalent job short of the proposed 25 positions proposed by COMPANY. If the COMPANY meets or exceeds its employment obligation prior to the 36 month anniversary date, the COMPANY has the right to notify the COUNTY and request an assessment of the COMPANY S employment in order to fulfill the obligations of the terms and conditions of this Agreement. If the COMPANY fails to meet the minimum proposed employment levels by the anniversary date of this Agreement, COMPANY shall reimburse COUNTY at a rate of $2,000 per full-time equivalent position not filled short of the 25 full-time equivalent jobs estimated by COMPANY. Payment to COUNTY shall be made within 90 days of receipt of a written assessment and billing by COUNTY. The COUNTY shall have the right to conduct an audit of COMPANY S employment records to verify the number ofjobs employed by the COMPANY. COUNTY shall be given access to the COMPANY S quarterly State Unemployment Compensation Reports (Form UCT-6) to verify overall employment performance. Section 4 - Laws, Permits, and Regulations. Prior to the performance of any work hereunder, the COMPANY shall obtain and pay for all licenses and permits, as required to perform the services described in Section 2 of this Agreement. COMPANY shall at all times comply with all appropriate laws, regulations, and ordinances applicable to the services provided under this Agreement. Section 5 - Assignment of Contract. The COMPANY may not subcontract all or any part of this Agreement without prior written approval by the COUNTY. Section 6Amendments. Parties. This Agreement may only be amended by mutual written agreement of both Section 7 - Books and Records. The COMPANY shall keep records of all financial transactions related to the proposed water and storm water related infrastructure improvements as well as employment records. The COUNTY shall have a right to review and audit such records associated with the implementation of the work and employment associated with this grant at the COMPANY S office during normal business hours. One or more audits of this Agreement by COUNTY or its representative may occur during the duration of this Agreement and up to six months following the termination date. Section 8 - Indemnification. The COMPANY shall indemnify and hold harmless the COUNTY, its officers, employees and agents from all suits, claims, or actions of every name and description brought against the COUNTY based on personal injury, bodily injury (including death) or property damages received or claimed to be received or sustained by any person or persons arising from or in connection with any negligent act or omission of the COMPANY or its employees, officers, or agents in performing the services set forth herein.

13 Section 9 - Notices. Except as otherwise provided herein, all notices and other communications provided for hereunder shall be in writing and sent by certified mail return receipt requested, or by hand deliver, and shall be deemed effective if mailed, when deposited in a United States Postal Service mailbox with postage prepaid or if hand delivered, when personally handed to the Party to whom the notice or other communication is addressed, with signed proof of delivery. The COUNTY S and the COMPANY S representatives for notice purposes are: COMPANY: EATON S BEACH RESTORATION GROUP, LLC SE Sunset Harbor Road, Summerfield, Florida CONTACT PERSON: Randy Keuntjes, Manager PHONE: randy@eatonsbeach.com COUNTY: Marion County Administration 601 SE 25 Avenue, Ocala, FL CONTACT PERSON: Dr. Lee A. Niblock, County Administrator PHONE: lee.niblockmarioncountyfl.org Section 10 - Independent COMPANY. In the performance of this Agreement, the COMPANY will be acting in an "independent capacity" and not as an agent, employee, partner, joint venture, or associate of the COUNTY. The COMPANY shall be solely responsible for the means, methods, techniques, sequences, and procedures utilized by the COMPANY in the full performance of this Agreement. Section 11 - Default/Termination. In the event the COMPANY fails to comply with any of the provisions of this Agreement, the COUNTY may terminate this Agreement for cause by first notifying the COMPANY in writing, specifying the nature of the default and providing the COMPANY with a reasonable period of time in which to rectify such default. In the event the default is not cured within the time period given, the COUNTY therea -fter may terminate this Agreement upon written notice to the COMPANY without prejudice to the COUNTY in terms of any right or for cause. The COUNTY may terminate this Agreement without cause providing at least a thirty (30) days written notice to the COMPANY. Section 12 - Timely Performance. All work will commence upon authorization from the County s representative. All work will proceed in a timely manner without delays. COUNTY funding shall not be used for the reimbursement of any proposed infrastructure improvements rendered prior to the date of this Agreement or dated prior to the 18" day of December, Section 13 - Damage to Property. The COMPANY shall be responsible for all material, equipment and supplies used in the execution of the Scope of Services outlined under this Agreement. In the event any such equipment or supplies are lost, stolen, damaged or destroyed prior to the final inspection and audit of this Agreement, the COMPANY shall replace the same without additional cost to the COUNTY. Section 14 - Appropriation of Funds. Upon approval of this Agreement by the COUNTY, EDIG Funds will be appropriated and secured on behalf of the COMPANY and made available for payment upon the COMPANY S performance and compliance with the terms and conditions of this Agreement. The appropriated funds will be held by the COUNTY on behalf of the COMPANY until project completion or until such time that this Agreement terminates on 18 of December, 2015.

14 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the 7tl-iiayof May, MARION COUNTY: KATHY BRYNN~, 4CRWHMAN BOARD OF COUNT)( COMMISSIONERS ATTEST CQUNTY, FLORIDA DAVID R. ELSPERMANN, CLERK OF THE COURT 77 APPROVED AS TO FORM AND LEGAL SUFFICIENCY MATTHEW G. MINTER, COUNTY ATTORNEY EATON S BEACH RESTORATION GROUP, LLC RANDY K S, MANGER NOTARY CERTIFICATE - To be completed by Notary on behalf of the EATON S BEACH RESTORATION GROUP, LLC STATE OF: COUNTY OF: Before me this day personally appeared: T74 and respectively of the Eaton s Beach Restoration G/oIp, LLC to m(well known or produced identification -z/ /Q4<. (Type of ID) to be the persons described in and who executed the foregoing instrument, and who acknowledged that they did so as an officer of said LLC all by and with the authority of the Board of Directors of said LLC. Witness my hand and seal this day of December, Signature of Nota ry Notary Stamp: 7 1 OF po PATRICIA JEMER * MYCOMM!SS!ONtDD9IS72 EXPIRES September is, 201 Bon Thni Budgef Natty Servjc