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Agenda 05/28/2013 Item #14B1 5/28/2013 14.B.1. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners (BCC), acting in its capacity as the Community Redevelopment Agency (CRA), approve the relocation of the Immokalee CRA Office, authorize giving notice to the CRA's current landlord of its intent not to renew the existing lease agreement, approve entering into a lease agreement for office space with the Southwest Florida Workforce Development Board, Inc., and authorize the CRA Chair to sign the attached lease agreement with an annual CRA rent expenditure of not-to-exceed $21,766.32. (750 South Fifth Street, Immokalee). OBJECTIVE: To obtain BCC approval to relocate the Immokalee CRA office and to approve entering into a lease agreement for office space with the Southwest Florida Workforce Development Board, Inc.,a Florida not-for-profit corporation. CONSIDERATIONS: The Immokalee CRA currently occupies 3938 square feet of office space at 1320 North 15th Street in Immokalee under a lease Agreement with Barron Collier Partnership, LLLP, which terminates on July 14, 2013. That space is used to operate the CRA, Immokalee Municipal Services Taxing Unit(MSTU)and Immokalee Business Development Center(IBDC)totaling four staff members. On January 22, 2013, agenda item 10(F),the BCC voted unanimously to allow the IBDC to work towards separating from the CRA and becoming a not-for-profit entity. Once that occurs, the CRA's staff will total three persons; greatly reducing the CRA's space requirements. After careful review of available office rental space in Immokalee, staff identified a rental location that would meet the CRA and MSTU's future needs. The Southwest Florida Workforce Development ("SFWD") Board is offering the CRA 760 square feet of office space at its facility located at 750 South Fifth Street in Immokalee. That location offers an adequate amount of space in a professional setting and is located in a building that offers a reception area and two on-site conference rooms. The office will cost the CRA far less than its current location and will save the CRA approximately $25,033.68 in annual overhead expenses. Illustrated below is a side-by-side cost comparison of the existing and proposed facility's annual cost. Annual Expenditure Current Office Space Proposed Office Space Base Rent $36,000 $21,766.32 Janitorial Services $4,920 Included Water Included Included Sewer Included Included Solid Waste Included Included Electric $4,200 Included Alarm System Monitoring $1,680 Included Comcast Internet&Phone $3,600 $3,600 Total: $50,400.00 $25,366.32 Difference: $25,033.68 ' 1While the current Landlord offered to cut the annual rent at the present location by half to $18,000.00, the CRA will still save$7,033.68 by relocating to the SFWD location. Packet Page -145- 5/28/2013 14.B.1. If the BCC approves the CRA's relocation to the SFWD office space, the move will be handled by the County's Facilities Management Department. FISCAL IMPACT: Sufficient funds exist in the FY2013 CRA Budget. Fiscal impact associated with this recommendation is in the amount of$24,166.32 per year will be paid by CRA Fund 186-138324. CONSISTENCY WITH GROWTH MANAGEMENT PLAN: This move will allow CRA staff to continue furthering the programs and projects within the budgetary and policy guidance and directives of the BCC acting as the CRA Board in furtherance of Policy 4.2 of the Future Land Use Element of the Growth Management Plan which reads as follows: "The Immokalee Area Master Plan addresses conservation, future land use, population, recreation, transportation, housing, and the local economy. Major purposes of the Master Plan are coordination of land uses and transportation planning, redevelopment or renewal of blighted areas, and the promotion of economic development." ADVISORY BOARD RECOMMENDATION: By unanimous vote, during the regular meeting of the Immokalee Local Redevelopment Advisory Board on March 20, 2013, the Advisory Board voted to approve a recommendation to the BCC, acting as the CRA, to relocate the Immokalee CRA to 750 South Fifth Street, Immokalee,FL. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is approved as to form and legality, and requires a majority vote for approval. -SRT RECOMMENDATION: Recommendation that the Board of County Commissioners (BCC), acting in its capacity as the Community Redevelopment Agency (CRA), approve the relocation of the Immokalee CRA Office, authorize giving notice to the CRA's current landlord of its intent not to renew the existing lease agreement, approve entering into a lease agreement for office space with the Southwest Florida Workforce Development Board,Inc., and authorize the Chairwoman to sign the attached lease agreement with an annual CRA rent expenditure of not-to-exceed$21,766.32. Prepared By: Bradley Muckel,Interim Director,Immokalee CRA Attachments: I. Lease Agreement Packet Page-146- 5/28/2013 14.B.1. COLLIER COUNTY Board of County Commissioners Item Number: 14.14.B.14.B.1. Item Summary: Recommendation that the Board of County Commissioners (BCC), acting in its capacity as the Community Redevelopment Agency (CRA), approve the relocation of the Immokalee CRA Office, authorize giving notice to the CRA's current landlord of its intent not to renew the existing lease agreement, approve entering into a lease agreement for office space with the Southwest Florida Workforce Development Board, Inc., and authorize the CRA Chair to sign the attached lease agreement with an annual CRA rent expenditure of not-to-exceed $21,766.32. (750 South Fifth Street, Immokalee). Meeting Date: 5/28/2013 Prepared By Name: MuckelBradley Title:Project Manager, 5/13/2013 1:16:42 PM Submitted by Title: Project Manager, Name: MuckelBradley 5/13/2013 1:16:44 PM Approved By Name: TeachScott Title:Deputy County Attorney,County Attorney Date: 5/13/2013 3:13:32 PM Name: KlatzkowJeff Title: County Attorney Date: 5/16/2013 3:37:09 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 5/17/2013 9:41:00 AM Packet Page-147- 5/28/2013 14.B.1 . Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 5/20/2013 5:52:20 PM Packet Page -148- 5/28/2013 14.B.1. REGION 24 SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD LEASE AGREEMENT LEASE NO.: THIS LEASE AGREEMENT,entered into this day of June,2013 A.D.between Southwest Florida Workforce Development Board,Inc., a Florida not-for-profit corporation (hereinafter called the "Lessor"), having an address of 9530 Marketplace Road, Unit 104, Fort Myers, FL. 33912 and whose Federal Identification Number (F.E.I.D. or S.S.) is 65-0778245 , and the The Collier County Board of County Commissioners, Acting as the Community Redevelopment Agency, party of the second part, hereinafter called the "Lessee," and whose address is 3299 Tamiami Trail,Naples,Florida 34112. WITNESSETH : That the Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to be kept and performed by the Lessee,has demised and leased to the Lessee, for the term and under the conditions hereinafter set out,those certain premises located in the Immokalee One Stop building described as follows: 760 square feet of the building, to include rooms 602, 603, 604, 510 and 200 sq.ft of open area adjacent to 603 and access to the data room for Lessee's equipment, located at 750 South 5th Street,Immokalee,Florida 34142 at the rate of$see Rent Addendum"A" per square foot per year,which is incorporated herein by reference. Article 1. TERM TO HAVE AND TO HOLD the above described premises for a term commencing on the 1st day of July, 2013 to and including the 30th day of June, 2014, subject to the right to renew as provided in Article 18. Article 2. RENTALS The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the above described premises for the term set out in this lease and the Lessee agrees to pay the Lessor the sum stated in Rent Addendum "A" per month for the first period and as specified in Addendum "A" for subsequent periods as provided in Article 1 of this lease. The rent for any fractional part of the first month shall be prorated. The rentals shall be paid to the Lessor on the first day of the month at: Southwest Florida Workforce Development Board,Inc. Attention: Mr. Michael Egan 9530 Marketplace Road,Unit 104 Fort Myers,Florida 33912 Lessor reserves the right to impose a 5%penalty upon each rent installment not received by the Lessor by the tenth of each month. In addition to the rental payment, Lessee shall pay the sum of $N/A per month, which shall represent Lessee's share of the collocated costs for the rental period. Page 1 of 7 Packet Page -149- 5/28/2013 14.B.1 . Article 3. HEATING,AIR CONDITIONING AND JANITORIAL SERVICES l.a. The Lessor agrees to furnish to the Lessee heating and air conditioning equipment and maintain same in satisfactory operating condition at all times for the leased premises during the term of the lease at the expense of the Lessor. b. The Lessor agrees to maintain thermostats in the demised premises to achieve an average zone temperature of 78 degrees Fahrenheit during the heating and cooling seasons and certifies that boilers herein have been calibrated to permit the most efficient operation. 2. The Lessor agrees to furnish janitorial services and all necessary janitorial supplies including the provision of recycling trash disposal for the leased premises during the term of the lease at the expense of the Lessor. 3. All services required above shall be provided during the Lessee's normal working hours, which are normally from 7:30 a.m. to 5:30 p.m., Monday through Friday excluding State holidays. Article 4. LIGHT FIXTURES l.a. The Lessor agrees to install in the demised premises light fixtures for the use of the Lessee. b. The Lessor shall be responsible for replacement of all bulbs,lamps,tubes and starters used in such fixtures for the purpose of furnishing light. 2. The Lessor certifies that the lighting levels within the demised premises are maintained at and do not exceed the following levels: 10 footcandles in halls and corridors; 30 footcandles in other public areas; a minimum of 50 footcandles in office, conference rooms, and other levels as set forth in the State Energy Management Plan,Volume II, Section F. Article 5. MAINTENANCE AND REPAIRS 1. The Lessor shall provide for interior maintenance and repairs in accordance with generally accepted good practices, including repainting, the replacement of worn or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the term of this lease, keep the interior of the demised premises in as good a state of repair as it is at the time of the commencement of this lease, reasonable wear and tear and unavoidable casualties excepted. 2. The Lessor shall maintain and keep in repair the exterior of the demised premises during the term of this lease and shall be responsible for the replacement of all windows broken or damaged in the demised premises, except such breakage or damage caused to the exterior of the demised premises by the Lessee,its officers, agents or employees. 3. The Lessor shall maintain the interior and exterior of the demised premises including grounds and parking area so as to conform to all applicable health and safety laws, ordinances and codes which are presently in effect and which may subsequently be enacted during the term of this lease and any renewal periods. 4. The Lessor agrees to furnish pest control services for the leased premises during the term of the lease at the expense of the Lessor. 5. The Lessee agrees to pay for the repairs for any damage to the Leased Premises caused by the Lessee. Article 6. UTILITIES power and electric That the Lessor will promptly pay all gas, water, sewer, solid waste, light rates or charges which may become payable during the term of this lease for the gas, water, sewer and electricity used and disposal of solid waste generated by the Lessee on the premises. Lessee shall pay for all other separately metered utilities including telephone and internet service. Article 7. ACCESSIBILITY STANDARDS AND ALTERATIONS Page 2 of 7 Packet Page -150- 5/28/2013 14.B.1. a. The Lessor agrees that the demised premises now conform, or that, prior to Lessee's occupancy, said premises shall, at Lessor's expense, be brought into conformance with the requirements of the Florida Americans With Disabilities Accessibility Implementation Act, Section 553.501 - 553.513, Florida Statutes, and the current Florida Disability Code for Building Construction, providing requirements for persons with disabilities and with the requirement of Public Law 101-336. Enacted July 26, 1990,effective January 26, 1992, Section 28 CRF Part 35 and Appendix to Section 36 CRF Part 1191, Known as the "Americans with Disabilities Act of 1990." b. That the Lessee shall have the right to make any alterations in and to the demised premises during the term of this lease upon first having obtained the written consent thereto of the Lessor. The Lessor shall not capriciously withhold the consent to any such alterations. Article 8. INJURY OR DAMAGE TO PROPERTY ON PREMISES All property of any kind that may be on the premises during the continuance of this lease shall be at the sole risk of the Lessee, and except for any negligence of the Lessor, the Lessor shall not be liable to the Lessee for loss or damage to the property. Article 9. FIRE AND OTHER HAZARDS 1. In the event that the demised premises, or the major part thereof,are destroyed by fire, lightning, storm or other casualty, the Lessor at its option may forthwith repair the damage to such demised premises at its own cost and expense. The rental thereon shall cease until the completion of such repairs and the Lessor will immediately refund the pro rata part of any rentals paid in advance by the Lessee prior to such destruction; should the premises be only partly destroyed, so that the major part thereof is usable by the Lessee, then the rental shall abate to the extent that the injured or damaged part bears to the whole of such premises and such injury or damage shall be restored by the Lessor as speedily as is practicable and upon the completion of such repairs, the full rental shall commence and the lease shall then continue the balance of the term. 2. The Lessor shall provide for fire protection during the term of this lease in accordance with the fire safety standards of the State Fire Marshal. The Lessor shall be responsible for maintenance and repair of all fire protection equipment necessary to conform to the requirements of the State Fire Marshal. The Lessor agrees that the demised premises shall be available for inspection by the State Fire Marshal, prior to occupancy by the Lessee, and at any reasonable time thereafter. 3. The Lessor certifies that no asbestos was used in the construction of the demised premises or that if asbestos was used, actions have been completed to correct the hazards caused by the use of asbestos. 4. The Lessor certifies that if any radon is present, it is at a measurement level less than 4 PCl/L. Article 10. EXPIRATION OF TERM At the expiration of the term,the Lessee will peaceably yield up to the Lessor the demised premises in good and tenantable repair. It is understood and agreed between the parties that the Lessee shall have the right to remove from the premises all personal property of the Lessee and all fixtures, machinery, equipment, appurtenances and appliances placed or installed on the premises by it,provided the Lessee restores the premises to as good a state of repair as they were prior to the removal. Page 3 of 7 UQ Packet Page-151- 5/28/2013 14.B.1. Article 11. SUBLETTING AND ASSIGNMENT The Lessee shall have no right to sublet all or any part of the demised premises or to assign all or any part of the demised premises without obtaining prior written consent of the Lessor. Article 12. WAIVER OF DEFAULTS The waiver by the Lessee of any breach of this lease by the Lessor shall not be construed as a waiver of any subsequent breach of any duty or covenant imposed by this lease. Article 13. RIGHT OF LESSOR TO INSPECT The Lessor, at all reasonable times,may enter into and upon the demised premises for the purpose of viewing the same and for the purpose of making any such repairs as it is required to make under the terms of this lease. Article 14. BREACH OF COVENANT These presents are upon this condition,that, except as provided in this lease, if the Lessee shall neglect or fail to perform or observe any covenant herein contained, which on the Lessee's part is to be performed, the non-performance of which is not due to circumstances beyond reasonable control of the Lessee, and such default shall continue for a period of thirty ( ) days after receipt of written notice thereof from the Lessor to the Lessee, then the Lessor lawfully may, immediately, or at any time thereafter, and without further notice or demand, enter into and upon the demised premises, or any part thereof, and repossess the same as of their former estate and expel the Lessee and remove its effects forcefully, if necessary, without being taken or deemed to be guilty of any manner of trespass and thereupon this demise shall terminate but without prejudice to any remedy which might otherwise be used by the Lessor for arrears of rent or for any breach of the Lessee's covenants herein contained. Article 15. ACKNOWLEDGMENT OF ASSIGNMENT That the Lessee upon the request of the Lessor shall execute such acknowledgment or acknowledgments, or any assignment, or assignments, of rentals and profits made by the Lessor to any third person, firm or corporation, provided that the Lessor will not make such request unless required to do so under a mortgage,or mortgages executed by the Lessor. Article 16. TAXES,INSURANCE AND COMMISSIONS a. Lessor shall pay all real estate taxes and fire insurance premiums on the demised premises. Lessor shall not be liable to carry fire insurance on the person or property of the Lessee or any other person or property which may now or hereafter be placed in the demised premises. Lessee shall maintain liability insurance naming Lessor as additional insureds with coverages no less than $1,000,000.00. Lessee shall deliver proof of such insurance no later than thiry (30) days after the commencement date of the lease and on each annual anniversary date thereafter. Lessee shall pay personal property taxes applicable to its equipment and furnishings and shall maintain their own insurance on property of the Lessee. b. Lessor agrees, covenants, certifies and warrants to Lessee that no portion of the rent payable pursuant to Article 2 of this Lease Agreement is at an increased rate,above the going rate of the building, based on or attributable to any commission or fee which is paid or is payable by estate Lessor as the result of Lessor's having utilized or contracted for or any ices ofss in real a the broker, salesman, agent or firm in any aspect leasing of the demised premises to Lessee. Article 17. USE OF PREMISES ro or offensive use of the The Lessee will not make or suffer any unlawful, improper premises or any use or occupancy thereof contrary to the laws of the State of Florida or to such Ordinances of the City and/or County in which the demised premises are located, now or hereinafter made,as may be applicable to the Lessee. Page 4 of 7 Packet Page -152- 5/28/2013 14.B.1 . Article 18. RENEWAL The Lessee is hereby granted the option to renew this lease,at the discretion of the Lessor,for an additional term of one years(s)upon the same terms and conditions or as specified on attached addendum. If the Lessee desires to renew this lease under the provisions of this Article, it shall give the Lessor written notice not less than three months prior to the expiration of the term provided in Article 1 of this Lease or any applicable renewal period. Article 19. TERMINATION AND AVAILABILITY OF FUNDS The Lessee shall have the right to terminate, without penalty, this lease provided that a ninety day(90) advance written notice of intent to terminate is given,prior to termination, to the Lessor by Certified Mail, Return Receipt Requested. If the Federal Government or the State of Florida does not contract with or provide funds to continues the services at the Immokalee One Stop, to the Lessee and the Lessee must cease to operate, this Lease Agreement will be terminated and the Lessee must vacate the Premises as of the date of expiration of the contract or discontinuance of funding. The Lessee must provide the Lessor with written substantiation as to the discontinuance of funding or loss, expiration of contract. Article 20.NOTICES AND INVOICES All notices required to be served upon the Lessor shall be served by Registered or Certified Mail,Return Receipt Requested,at: Southwest Florida Workforce Development Board,Inc., Attention: Mr. Mike Egan 9530 Marketplace Road,Unit 104,Fort Myers,Florida 33912 and all notices required to be served upon the Lessee shall be served by Registered or Certified Mail,Return Receipt Requested,at the address of the Lessee at: Board of County Commissioners do Real Property Mgmt. Dept. 3301 Tamiami Trail East,Administration Bldg,Naples,Florida 34112 Article 21. LIMITATION OF LIABILITY AND INDEMNITY To the extent permitted by law, and subject to Section 768.28, Florida Statutes, Lessee, with respect to itself and its agents, employees, servants, and invitees, agrees to indemnify and hold Lessor, its agents, employees, and invitees harmless of, from, and against all risks and damages to persons and Property by reason of the present or future condition of the Leased Premises. Additionally, to the extent permitted by law, and subject to Section 768.28, Florida Statutes, Lessee agrees to indemnify and hold Lessor, its agents, employees, and invitees harmless of, from and against all claims, actions, damages, liabilities, and expenses asserted against the Lessor and/or Landlord on account of injuries to person or damage to property when and to the extent that any such damage or injury may be caused wholly or in part, by any act or omission, whether negligent or not, of Lessee or any of its agents, servants, employees, contractors, patrons, or invitees(while such invitees are on the Leased Premises) or of any other person entering on the Leased Premises under or with the expressed or implied invitation of Lessee, or if any such injury or damage may in any other way arise from or out of the occupancy or use by Lessee, its agents, employees, and invitees, of the Leased Premises. Nothing in this paragraph is considered a waiver of sovereign immunity by the Lessee. Article 22. DEFINITION OF TERMS (a) The terms "lease," "lease agreement," or"agreement" shall be inclusive of each other and shall also include any renewals,extensions or modifications of this lease. (b) The terms "Lessor" and "Lessee" shall include the successors and assigns for the parties hereto. Page 5 of 7 Packet Page-153- v 5/28/2013 14.B.1. (c) The singular shall include the plural and the plural shall include the singular whenever the context so requires or permits. XXIII ADDITIONAL TERMS (Check One) XX All additional covenants or conditions appear on attached Addendum(s) "A, which is incorporated as part of this lease agreement." No additional covenants or conditions form a part of this lease. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed,the day and year above written. ANY LEASE SHALL NOT BECOME LEGALLY EFFECTIVE UNTIL APPROVED/ACCEPTED BY THE SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD. ORIGINAL SIGNATURES REQUIRED ON ALL COPIES ATTEST: LESSEE: DWIGHT E.BROCK,CLERK Board of County Commissioners Collier County, Florida in its Capacity as the Collier County Community Redevelopment Agency By: By: ,Deputy Clerk Commissioner Tim Nance,CRA Chairman AS TO THE LESSOR: Name of Corporation,Partnership,Trust,etc.: Southwest Florida Workforce Development Board,Inc. By: Witness(signature) (SEAL) Joe Patemo,Its Executive Director (print name) Witness(signature) ATTEST: Its Secretary (print name) Approved as to form and legal sufficiency: Scott R Teach Deputy County Attorney Page6of7 �,r Packet Page-154- 5/28/2013 14.B.1 . ADDENDUM "A" MONTHLY RENTAL RATE SCHEDULE 760 Sci.Ft. Effective 07/01/2013 TERM AMOUNT PER SO.FT., MONTHLY RENTAL First Term $27.81 $ 1761.30 07/01/13 -06/30/14 Seventeen Hundred Sixty One dollars and Thirty cents Renewal Term $28.64 $ 1813.86 07/01/114-06/30/15 Eighteen Hundred Thirteen dollars and Eighty Six cents Page 7 of 7 Packet Page-155-