Backup Documents 03/25/2014 Item #16G1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 G
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office KN 4/11/14
4. BCC Office Board of County 'r b
Commissioners v'.f / `4\z \Y--\\
5. Minutes and Records Clerk of Court's Office caml�►„` I 1�r� (� p.��,0t
PRIMARY CONTACT INFORMATION �
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Ge ue,Operations Director,Growth Phone Number 252-5169
Contact/ Department anage t Division
Agenda Date Item w s 3/25/14 ' Agenda Item Number 16-G-1 v
Approved by the BC
Type of Document Agreement to Pay Past Due Rent Number of Original 1
Attached Documents Attached
PO number or account
number if document is N/A
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? KN
2. Does the document need to be sent to another agency for additional signatures? If yes, KN
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be KN
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's KN
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the KN
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KN
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip KN
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 4/8/14 and all changes made during the KN
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the K
BCC, all changes directed by the BCC have been made, and the document is ready for he
Chairman's signature.
AUTHORIZED BY BOARD—COPY OF EXECUTIVE SUMMARY ATT
I.Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
166 .
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, in its capacity as the Collier
County Airport Authority, authorize staff to accept a payment plan that was proposed during
discussions with Gulf Coast Design Products,Inc.
OBJECTIVE: To obtain the Board of County Commissioners approval for staff to accept the
payment plan offered by Gulf Coast Design Products, Inc. This plan requests a waiver of the interest
charges associated with past due rent.
CONSIDERATIONS: On February 25, 2014 under item 11B the Board directed staff to work
with the tenants of the Airport Authority to achieve compliance with all lease requirements.
During staff's review of Airport leases it was noted that Gulf Coast Design Products, Inc. was
$22,864.60 (eleven months total) behind in payments on its sub-lease with the Immokalee
Regional Airport. Based on an analysis of account activity, staff determined that $3,003.43 in
interest charges (15% per year on the past due rent) were owed as well. It was also determined
that only$421.09 of interest charges had been recorded in the financial records.
In mid-February 2014 staff began communications with the tenant with the goal of bringing them
current on their rent payments as soon as possible. The tenant immediately paid two of the back
rent payments, and entered into a dialogue aimed at resolving the remaining nine months due. As
a result of these discussions, staff agreed to support and bring to the Board a payment plan that
would provide for waiver of the interest charges if all the remaining back rent was paid by the
end of 2014 in strict accordance with the agreed upon payment schedule (Exhibit A). Staff
believes that an interest charge waiver is reasonable in light of the fact that the Airport had not
computed and included these charges on the tenant's invoices. Failure to invoice the tenant does
not obligate the Airport to waive the interest charges, but is being requested in order to
incentivize prompt payment.
If the Board authorizes this payment plan, the County Attorney's Office will draft the formal
agreement for execution. Once the tenant fulfills its obligations under this agreement (current on
rent payment by the end of calendar year 2014) the Airport will write off the interest. Between
now and that point however the interest will continue to accrue. If the conditions of the
agreement are not fulfilled, the accumulated interest amount will also be due upon demand at the
end of 2014.
Note that the sub-lease agreement with Gulf Coast Design Products, Inc. expired in January
2007. As a result, the tenant has effectively been on a month to month tenancy for the past 7
years. Furthermore, rent reductions that were granted in February 2009, but not formalized in an
executed sublease, reduced the rental rate to $2.04 per square foot. Staff's intent is to give the
tenant an opportunity to get current, within a reasonable period of time, while simultaneously
working to negotiate and execute a fair market based sublease to take effect January 1St 2015,
when the payment plan period expires.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
16G .
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LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and
approved it as to form and legality. Majority support is required for approval. -KN
RECOMMENDATION: That the Board of County Commissioners, in its capacity as the Collier
County Airport Authority, authorize staff to the accept Gulf Coast Design Products, Inc.
proposed payment plan and write-off the interest charges once the tenant fulfills their obligations
under the proposed payment plan and authorize the Chairman to execute updated lease &
payment plan.
Prepared by: Gene Shue, Operations Director, Growth Management Division
Attachment: 1)Exhibit A, Gulf Coast Design Products Payment Plan
16G 1 •
AGREEMENT TO PAY PAST DUE RENT
THIS AGREEMEMNT is made this `L day of Arm 1— , 2014, by
and between the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA,
in its capacity as the COLLIER COUNTY AIRPORT AUTHORITY (hereinafter "COUNTY"),
and GULF COAST DESIGN PRODUCTS, INC. a Florida Corporation(hereinafter "GCD").
WITNESSETH:
WHEREAS, GCD is and has been a sublessor of a certain premises located at the
Immokalee Regional Airport located in Collier County, Florida; and
WHEREAS, GCD is in arrears for rental payments due from June 2012 through October
2012, inclusive, in the amount of$2,078.60 for each month, and, in addition, for rental payments
due for November and December of 2013 and for January and February of 2014, in the amount
of$2,078.60 for each said month; and
WHEREAS, GCD wishes to pay all amounts of rent due in arrears and the County wishes
to be paid the rental due; and
WHEREAS, the parties hereto have come to an understanding for the payment of the
rental arrearage to be memorialized in this Agreement; and
WHEREAS, GCD wishes to remain on the premises and continue to timely pay monthly
rental payments as due on the first of each month.
NOW THEREFORE, in consideration of the preambles set forth hereinabove, the mutual
promises set forth herein below, and other good and valuable consideration, receipt of which is
hereby acknowledged, the parties hereto agree as follows:
1. The preambles set forth hereinabove are incorporated herein as though set forth
verbatim and are expressly made part of this Agreement.
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, . 16G 1
2. The County agrees that should GCD pay all arrearages of rent set forth herein
prior to January 1, 2015, the County will forego and waive all interest due on the unpaid rental
payments of fifteen(15%) percent per annum.
3. GCD agrees to pay the rental arrearage according to the following schedule:
a) $2,078.60 before April 30, 2014.
b) $2,078.60 on or before May 1, 2014.
c) $2,078.60 on or before September 1, 2014.
d) $4,157.20 on or before October 1, 2014.
e) $4,157.20 on or before November 1, 2014.
f) $4,157.20 on or before December 1, 2014.
4. GCD further agrees to maintain current rental payments of$2,078.60 per month
from April 2014 through December 2014 pursuant to the rental due date currently in place.
5. Should GCD not strictly comply with the payment schedules set forth in
paragraphs 3 and 4 hereinabove, the County, at its sole discretion, may accelerate all payments
due hereunder, including interest of fifteen (15%) percent per annum on any amounts not paid,
upon Notice given to GCD by posting same on the entry way of the premises, and pursue all its
legal remedies; should the County deem it necessary to pursue its legal remedies because of a
breach of this Agreement by GCD, then GCD agrees to pay all attorneys' fees and costs of
collection, including litigation costs and attorneys' fees, incurred by the County.
6. This Agreement may be signed in counterparts.
7. This Agreement shall be governed by the laws of the State of Florida.
8. The parties hereto agree that this Agreement shall be deemed to be performed in
Collier County, Florida, and that should litigation become necessary to enforce this Agreement,
the venue for such litigation shall be in Collier County, Florida.
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16G
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9. The parties agree that this Agreement represents the full terms of the Agreement
between the parties. No modifications to this Agreement shall be binding on any party unless the
modification is in writing and executed by both parties.
WHEREFORE WE have placed our hands and seals on the date first above-written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
In its capacity as the
COLLIER COUNTY AIRPORT AUTHORITY
By fi
TOM HENNING
A CHAIRMAN
ti-.� .zt& \,._\ - A-2-s\ L\ATTEST:
DWIGHT E.'. (?.6I rJ"
CLERK . ,
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DEIP 1a • i.,-' an s
Approved a§i99 i legality:
Kevin L. Noell, Esq.
Assistant County Attorney
GULF COAST DESIGN PRODUCTS, INC.
By Oatti 9 71t4( si"r7o
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Print Name and Title
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