Agenda 06/25/2013 Item #10H110'1
6/25/2013 10.H.
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 15 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 I O(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
AlarmSystem Monitorin
$1,680
Included
Comcast Internet & Phone
$3,600
$3,600
Total:
$50,400.00
$25,366.32
Difference:
$25,033.68
While 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.
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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:
1. Lease Agreement
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^ COLLIER COUNTY
Board of County Commissioners
Item Number: 10.10.H.
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). (Commissioner Henning) This item was
approved for reconsideration at the June 11, 2013 BCC meeting.
Meeting Date: 6/25/2013
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
6/19/2013 9:06:50 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
6/19/2013 9:06:52 AM
Approved By
Name: OchsLeo
Title: County Manager
Date: 6/19/2013 9:20:20 AM
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Board of Collier County Commissioners
Donna Fiala Georgia A. Hiller, Esq. Tom Henning Fred W. Coyle Jim Colette
District 1 District 2 District 3 District 4 District 5
MEMORANDUM
Date: May 31, 2013
To: County Manager
From: Commissioner Tom Henning, District 3
Re: Reconsideration for June 11, 2013 BCC Meeting
I would like to bring back May 28, 2013 agenda item 14B 1
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).
Commissioner Tom Henning, District 3
3299 Tamiami Trail East, Suite 303 • Naples, Florida 34112 - 5746.239- 252 -8097 • FAX 239 - 252 -3602
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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 Immokatee
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 5`h Street, Immokalee, Florida 34142
at the rate of S 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 SNIA per month, which shall
represent Lessee's share of the collocated costs for the rental period.
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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
La. 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 REPAUtS
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
That the Lessor will promptly pay all gas, water, sewer, solid waste, power and electric
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 inhaling telephone and internet service.
Article 7. ACCESSIBILITY STANDARDS AND ALTERATIONS
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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 fast having obtained the written consent thereto of
the Lessor. The Lessor shall not capriciously withhold the consent to any such alterations.
Article S. 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 ttion 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.
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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 �� in this lease, if the Lessee
These presents are upon this condition, that, except as pro
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 the
reasonable control of the Lessee, and such default shall continue for a period of thirty (30) days
after receipt of written notice thereof from the Lessor to the Lessee, then the Lessor lawfully
may, mately, or at any time thereafter, and without further notice or demand, enter into and
upon sed premises, or any Part thereof, and repossess the same as of their former estate
and 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 lb. TAXES, INSURANCE AND COMD'IISSIONS
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 real estate
Lessor as the result of Lessor's having utilize forL�� dealings or dealings involving the
broker, salesman, agent or firm in any aspect
leasing of the demised premises to Lessee.
Article 17. USE OF PRENIISES 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.
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Article 18. RENEWAL
The Lessee is hereby granted the option to renew this lease, at the discretion of the Lessor, for
years() po
s upon the some terms and conditions or as specified on attached
an additional tern of one
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 that a
The Lessee shall have the right to terminate, without penalty, this lease provided
ninety day (90) advance written notice of intent to terminate is given, prior to termination, to the
Lessor by Certified Mail, Retu m Receipt Requested. If the Federal Government or the State of
Florida does not contract with or provide fiords to continues the services
Lease he Ini okaleill One
Stop, to the Lessee and the Lessee must cease to operate, this
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 Registered or Certified
All notices required to be served upon the Lessor shall be served by R egi
Mail, Return Receipt Requested, at:
Southwest Florida Workforce Development Board, Inc.,
Attention: Mr. Mike Egan
104, Fort Myers, Florida 33912
9530 Marketplace Road, Unit
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
c/o Real Property Mgmt. Dept.
3301 T ami Trail East. Administration Bldg- Nayles. 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
hold Lessor, its agents, employees, and invitees harmless of, from, and against H*s 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.
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(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.
AL SIGNA
ATTEST:
DWIGHT E. BROCK, CLERK
By:
, Deputy Clerk
AS TO THE LESSOR:
Witness (signature)
ON ALL COPIES
LESSEE:
Board of County Commissioners Collier County, Florida in its
Capacity as the Collier County Community Redevelopment Agency
By:
Commissioner Tim Nance, CRA Chairman
Name of Corporation, Partnership, Trust, etc.:
Southwest Florida Workforce Development Board, Inc.
By:
(SEAL) Joe
Paterno, Its Executive Director
(print name)
Witness (signature) ATTEST:
(print name)
Approved as to form and
legal sufficiency:
Scott R Teach
Deputy County Attorney
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Its Secretary
T
First Term
07/01/13 - 06/30/14
Renewal Term
07/01/114 - 06/30/15
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ADDENDUM "A"
MONTHLY RENTAL RATE SCHEDULE
760 St.
Effective 7/01/2013
AMOUNT PER SO.FT. MONTHLY RENTAL
$27.81 $ 1761.30
Seventeen Hundred Sixty
One dollars and Thirty cents
$28.64 $ 1813.86
Eighteen Hundred Thirteen
dollars and Eighty Six cents
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