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Backup Documents 03/09/2010 Item #14A AGENDA TRANSMITTAL SLIP I ~ 14A Agenda Item #14A Date Submitted: 03109/10 Requested Agenda Date: 03/09/10 APPROPRIATE HEADING CIRCLE ONE 1 Invocation and Pled e of Aile iance D 4 Proclamations 7 Board of Zonin A eals 10 Coun Mana er's Re ort D (13) Other Constitutional Officers D 2 A enda and Minutes D 5 Presentations 8 Advertised Public Hearin s D 11 Public Comments on General To ~(14) Airport Authority D 16 Consent A enda D 17 Summa A enda Requested by: Date: 03/11/10 Reviewed by: Date: Penny Phillippi, Immokalee CRA Executive Director Division Head: Date: County Manager: Date: Item Title: Recommendation to the Board of County Commissioners acting as the Community Redevelopment Agency (CRA) approve the creation of a business development center at the Airport in Immokalee as a collaboration between the CRA-Immokalee and the Collier County Airport Authority; approve the Intertocal Agreement; and authorize the expenditure of $100,000 from Fund 186 to provide seed money for the project. List of Documents Attached: 1. Executive Summary (required) 3. Interlocal Agreement 5. 2. Resolution 10-21 4. ~~~ '?\\\ \ 0 14A MEMORANDUM Date: March 11, 2010 To: Bradley Muckel, Project Manager Immokalee CRA From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Interlocal Agreement for the Immokalee Business Development Center between Collier County Airport Authority and the Collier County Community Redevelopment Agency Attached, please find 2 (two) original documents of the agreement referenced above, (Item #14A) approved by the Board of County Commissioners on Tuesday, March 11, 2010. The Minutes and Record's Department has held an original document for the Official Record of the Board of County Commissioners. If you have any questions, please call me at 252-7240. Thank you. Attachment (2) INSTR 4406828 OR 4547 PG 32 RECORDED 3/18/2010 9:15 AM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 14A INTERLOCAL AGREEMENT FOR THE IMMOKALEE BUSINESS DEVELOPMENT CENTER BETWEEN COLLIER COUNTY AIRPORT AUTHORITY AND THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY This Agreement is made and entered into this to il day of _1.1"..J- , 2009 between the Collier County Community Redevelopment Agency (hereinafter "CRA") and the Collier County Airport Authority (hereinafter "AIRPORT AUTHORITY"). RECITALS: WHEREAS: in accordance with Section 163.D1, F.S., the CRA and the AIRPORT AUTHORITY desire to enter into ajoint enterprise for the creation and operation of the Immokalee Business Development Center (IBDC) at the Immokalee Airport; and WHEREAS, AIRPORT AUTHORITY leases the Immokalee Airport from the Board of County Commissioners pursuant to the lease agreement dated May 24, 1994, as amended on May 2, 1995, which is set to expire May 23, 2025 (the "Airport Lease"); and WHEREAS, CRA desires to use property located at the Immokalee Regional AirportlFlorida Tradeport, Immokalee, Florida ("the Property") to establish a business incubator to assist start-up enterprises; and WHEREAS, AIRPORT AUTHORITY desires to sublease the Property to the CRA to establish a business incubator; and WHEREAS, CRA will sublease the Property to qualifYing start-up businesses and provide lower cost rental facilities and technical assistance. NOW, THEREFORE, the parties agree as follows: 1. JOINT ENTERPRISE: CRA and AIRPORT AUTHORITY agree to create and operate the Immokalee Business Development Center at the Property as provided herein. The CRA shall be responsible for the day to day operations of the Immokalee Business Development Center in accordance with the IBDC Policies and Procedures ("Policies and Procedures"). A copy of which is attached hereto and incorporated herein. OR 4547 PG 33 14A j 2. SUBLEASE: In accordance with the Policies and Procedures, AIRPORT AUTHORITY will sublease the Property to the CRA. The sublease to the CRA is subject to the terms and conditions of the Airport Lease. All sub-leases are subject to the terms and conditions of the Airport Lease exeept they are exempt from the Airport Leasing Policy of the Airport Authority. 3. FUNDING: The CRA shall budget for the operation of the Immokalee Business Development Center. AffiPORT AUTHORITY shall provide receptionist services and general insurance for the Immokalee Business Development Center. The respective contributions of the CRA and the AIRPORT AUTHORITY are contained in the Polcies and Prcedures as it may be amended from time to time. 4. NOTICES: All notices from CRA to AIRPORT AUTHORITY shall be in writing and deemed duly served if mailed by registered or certified mail to AIRPORT AUTHORITY at the following address: Executive Director Collier County Airport Authority 2005 Mainsail Drive Naples, FL 34114 All notices from AIRPORT AUTHORITY to CRA shall be in writing and deemed duly served ifmailed by registered or eertified mail to CRA to: Executive Director Collier County CRA - Immokalee 310 Alachua Street Immokalee, FL 34142 5. TERM: The initial term of this Agreement is four (4) years with automatic renewals of the Agreement for periods of four (4) years unless terminated earlier pursuant to Section 6. Notwithstanding the foregoing, this Agreement shall terminate May 23, 2025. 2 *** OR 4547 PG 34 *** 14A The parties, at their option, may enter into a new Interlocal Agreement upon termination of this Agreement. 6. TERMINATION: CRA or AIRPORT AUTHORITY may cancel this Agreement with or without cause by giving 30 days notice of such termination pursuant to Section 4 and specifYing the effective date of termination. If CRA terminates this Agreement, CRA will pay AIRPORT AUTHORITY for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by CRA up to the effective date of the tennination so long as such expenses are eligible. 7. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties. This Agreement is not assignable without the consent of both parties. 8. This Agreement shall be recorded in the public records of Collier County. IN WITNESS WHEREOF, CRA and AIRPORT AUTHORITY have each respectively, by authorized person or agent, hereunder set their hands and seals on the date and year first above written. -:\"\ . ~tl.C "\.,'\ ,'.. ~ . ~ (...., ~,. , "" '. . . . .;,\TTEST: . ,. . "'-OWICI-IT. E: llROf;K, CLERK ..' ''I.' .r.. '. - . _: COMMUNITY REDEVELOPMENT AGENCY BY: Approved as to form & legal Sufficiency \j f')~~ Assistant County Attornoy COLLIER COUNTY AIRPORT AUTHORITY BY: -fJ'- ~ae/~ Byron Meade, Chairman , 1/512010 PSP 3 14A i The parties, at their option, may enter into a new Interlocal Agreement upon termination of th is Agreement. 6. TERMINATION: CRA or AIRPORT AUTHORITY may cancel this Agreement with or without cause by giving 30 days notice of such termination pursuant to Section 4 and specifying the effective date of termination. If CRA terminates this Agreement, CRA will pay AIRPORT AUTHORITY for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by CRA up to the effective date of the termination so long as such expenses are eligible. 7. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties. This Agreement is not assignable without the consent of both parties. 8. This Agreement shall be recorded in the public records of Collier County. IN WITNESS WHEREOF, CRA and AIRPORT AUTHORITY have each respectively, by authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: .DWIGHT E. BROCK, CLERK COMMUNITY REDEVELOPMENT AGENCY II .. "" .........,4' .,j,.. \ BY ~ James et a, . Approveo a", ,0 IOtm ,~, ',eq.,,," .~y~~ COLLIER COUNTY AIRPORT AUTHORITY A;.;s~ BY: L-~l~_//do-. ciJ Byron Meade, Chairman , 11712010 PSP 3 14A ~ INTERLOCAL AGREEMENT FOR THE IMMOKALEE BUSINESS DEVELOPMENT CENTER BETWEEN COLLIER COUNTY AIRPORT AUTHORITY AND THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY This Agreement is made and entered into this 10 't, day of _ /)4^",,1 ,2009 between the Collier County Community Redevelopment Agency (hereinafter "CRA") and the Collier County Airport Authority (hereinafter "AIRPORT AUTHORITY"). RECITALS: WHEREAS: in accordance with Section 163.01, F.S., the CRA and the AIRPORT AUTHORITY desire to enter into a joint enterprise for the creation and operation of the Immokalee Business Development Center (IBDC) at the Immokalee Airport; and WHEREAS, AIRPORT AUTHORITY leases the Immokalee Airport from the Board of County Commissioners pursuant to the lease agreement dated May 24, 1994, as amended on May 2, 1995, which is set to expire May 23, 2025 (the "Airport Lease"); and WHEREAS, CRA desires to use property located at the Immokalee Regional Airport/Florida Tradeport, Immokalee, Florida ("the Property") to establish a business incubator to assist start-up enterprises; and WHEREAS, AIRPORT AUTHORITY desires to sublease the Property to the CRA to establisb a business incubator; and WHEREAS, CRA will sublease the Property to qualifying start-up businesses and provide lower cost rental facilities and technical assistancc. NOW, THEREFORE, the parties agree as follows: I. JOINT ENTERPRISE: CRA and AIRPORT AUTHORITY agree to create and operate the Immokalee Business Development Center at the Property as provided herein. The CRA shall be responsible for the day to day operations of the Imll10kalee Business Development Center in accordance with the IBDC Policies and Procedures ("Policies and Procedures"). A copy of which is attached hereto and incorporated herein. 14A 2. SUBLEASE: In accordance with the Policies and Procedures, AIRPORT AUTHORITY will sublease the Property to the CRA. Thc sublease to the CRA is subject to the terll1S and conditions of the Airport Lease. All sub-leases are subject to the tenns and conditions of the Airport Lease except they are exempt froll1 the Airport Leasing Policy ofthc Airport Authority. 3. FUNDING: The CRA shall budget for the operation of the 11l11l10kalee Business Development Center. AIRPORT AUTHORITY shall provide receptionist services and general insurance for the Immokalee Business Development Center. The respective contributions of the CRA and the AIRPORT AUTHORITY are contained in the Polcies and Prcedures as it may bc amended froll1 time to time. 4. NOTICES: All notices from CRA to AIRPORT AUTHORITY shall be in writing and deell1ed duly served ifmailed by registered or certified mail to AIRPORT AUTHORITY at the following address: Executive Director Collier County Airport Authority 2005 Mainsail Drive Naples, FL 34114 All notices from AIRPORT AUTHORITY to CRA shall be in writing and deemed duly served if mailed by registered or certified mail to CRA to: Executive Director Collier County CRA - Imll10kalee 3 10 Alachua Street 11l11l10kalee, FL 34142 5. TERM: The initial term of this Agreement is four (4) years with automatic renewals of the Agreell1ent for periods of four (4) years unless tenninated earlier pursuant to Section 6. Notwithstanding the foregoing, this Agreement shall terminate May 23, 2025. 2 14A I The parties, at their option, ll1ay enter into a new Interlocal Agreement upon termination of this Agreement. 6. TERMINATION: CRA or AIRPORT AUTHORITY may cancel this Agreell1ent with or without cause by giving 30 days notice of such tennination pursuant to Section 4 and specifying the effective date of termination. If CRA terll1inates this Agreement, CRA will pay AIRPORT AUTHORITY for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by CRA up to the effective date of the termination so long as such expenses are eligible. 7. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties. This Agreement is not assignable without the consent of both parties. 8. This Agreement shall be recorded in the public records of Collier County. IN WITNESS WHEREOF, CRA and AIRPORT AUTHORITY have each respectively, by authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: .DWIGHT E. BROCK, CLERK COMMUNITY REDEVELOPMENT AGENCY BY~ James e a, . Approveo a" H; 10m, ., ,.c'(j." .., ,.,',., ~D~~ ., ,', COLLIER COUNTY AIRPORT AUTHORITY );5';:( BY: ~~i~I/~/ a-- ~ Byron Meade, Chairman ; 1/7/2010 PSP 3 14A Ag(JrlrJa Item No 14A March 9. 2010 Page 1 of 55 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners (BCC) acting as the Community Redevelopment Agency (CRA) approve the creation of a business development center at the Airport in Immokalee as a collaboration between the Immokalee CRA and the Collier County Airport Authority; approve the Inter-local Agreement; authorize the expenditure of $100,000 in FY 2010 from CRA Trust Fund 186 as seed money; and authorize all necessary budget amendments. Objective: To create a business development center at the Airport in Immokalee as a collaboration between the CRA - Immokalee and the Collier County Airport Authority; approve the Inter-local Agreement; authorize the expenditure of $100,000 in FY 2010 from CRA Trust Fund 186 as seed money; and authorize all necessary budget amendments. Considerations: The Collier County Airport Authority leases the Immokalee Airport from the Board of County Commissioners pursuant to the lease agreement dated May 24, 1994, as amended on May 2, 1995, which is set to expire May 23, 2025 (the "Airport Lease"). The Immokalee CRA desires to use property located at the Immokalee Regional AirporUFlorida Tradeport, Immokalee, Florida to establish a business incubator to assist start-up enterprises. At a regular meeting on January 20,2010, the Airport Authority voted to sublease the Property to the CRA to establish a business incubator. The CRA will sublease the Property to qualifying start-up businesses and provide lower cost rental facilities and technical assistance; and in accordance with Section 163.01, F.S., the CRA and the Airport Authority desire to enter into a joint enterprise for the creation and operation of the Immokalee Business Development Center at the Immokalee Airport. The CRA and the Airport Authority agree to create and operate the Immokalee Business Development Center at the Property as provided herein. The CRA shall be responsible for the day to day operations of the Immokalee Business Development Center in accordance with the pOlicies and procedures as contained in the documents attached as "IMM Today, Immokalee Business Development Center." In accordance with the policies and procedures, the Airport Authority will sublease the Property to the CRA and will comply with the Airport Authority's leasing policies. The sublease to the CRA is subject to the terms and conditions of the Airport Lease. All sub-leases are subject to the terms and conditions of Page 1 of 3 14A AgEnda ite,-, No 14A Mar,h 9, 2010 Faqe 2 of 55 the Airport Lease except they are exempt from the Airport Leasing Policy of the Airport Authority. The CRA shall budget for the operation of the Immokalee Business Development Center. The Airport Authority shall provide receptionist services and general insurance for the Immokalee Business Development Center. The respective contributions of the CRA and the Airport Authority are contained in the Inter-local Agreement as it may be amended from time to time. A copy of the Inter-Local Agreement is attached. The initial term of this Agreement is four (4) years with automatic renewals of the Agreement for periods of four (4) years unless terminated earlier. Notwithstanding, this Agreement shall terminate May 23, 2025. The parties, at their option, may enter into a new Inter-local Agreement upon termination of this Agreement. Advisory Committee Recommendation: On October 21, 2009, at a regular meeting of the Immokalee CRA Advisory Committee and the Immokalee Master Plan and Visioning Committee, the committees voted unanimously to support the creation of a business development center in a collaborative partnership between the Collier County Airport Authority and the Immokalee CRA and to recommend to the CRA approval of $100,000 toward the development of the IBDC. Fiscal ImDact: It is the intent of the CRA to apply for grant funds to offset expenses connected with starting this venture. Regardless, the CRA is committed to funding this venture as part of regular re-curing operating expenses. Accordingly, it would be appropriate to establish via a FY 2010 budget amendment a new cost center within the Immokalee CRA Trust Fund (186) intended to track and account for business development center revenues and expenses. For FY 2011, appropriations would be budgeted within the cost center and not comingled with other CRA budgeted activities. Growth Manaaement: The Immokalee Business Development Center furthers the programs and projects within the budgetary and policy guidance and directives of the Community Redevelopment Agency and the Board of County Commissioners 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." Page 2 of 3 Ag~aLfeAo 14A MArch 9, 2010 PagE: 3 of 55 Leaal Considerations: This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action (JBW). Recommendation: Recommendation that the Board of County Commissioners (BCC) acting as the Community Redevelopment Agency (CRA) approve the creation of a business development center at the Airport in Immokalee as a collaboration between the Immokalee CRA and the Collier County Airport Authority; approve the Inter-local Agreement; authorize the expenditure of $100,000 in FY 2010 from CRA Trust Fund 186 as seed money; and authorize all necessary budget amendments. PreDared By: Penny Phillippi, Executive Director, Collier County CRA- Immokalee Attachment: 1) Inter-local Agreement 2) CCM Resolution 3) IBDC Documents Page 3 of 3 14A RESOLUTION NO. 10-21 RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY APPROVING AND AUTHORIZING ITS CHAIRMAN TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA) TO CREATE AND OPERATE THE IMMOKALEE BUSINESS DEVELOPMENT CENTER AT THE IMMOKALEE REGIONAL ARIPORT. WHEREAS, the Collier County Community Redevelopment Agency (CRA) proposed partnering with the Collier County Airport Authority (Authority) to create and operate a Business Development (BDC) at the Immokalee Regional Airport for small entrepreneurial businesses; and WHEREAS, the Authority voted unanimously to support this project, and to provide space at the Immokalee Regional Airport, landscaping maintenance, insurance for the facilities and receptionist services for small entrepreneurial businesses located in the BDC. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY AIRPORT AUTHORITY, that the Authority hereby approves and authorizes its Chairman to execute an Interlocal Agreement with the Community Redevelopment Agency to create and operate the Immokalee Business Development Center at the Immokalee Regional Airport. PASSED AND DULY ADOPTED by affirmative majority vote of the Collier County Airport Authority this I ith day of Januarv 2010. ATTEST: COLLIER COUNTY AIRPORT AUTHORITY COLLIER COUNTY, FLORIDA ~bie Br~eggem ~ erim Director ~ L/~~ 'f"Byron Meade, Chairman Approved as to form and legal sufficiency ~ n-l:) t~ Jennifer B. Ite, AssIstant County Attorney Y:1.AdministrationIAA BoardlResolutions\Res 10-2/ IMM CRA-CCAA Inter/oeal Agreementfor BDC /-1 /-JO.docx f- ' ci <{--' a:: ou.. <{ a:: U) --...,. w (I)<{w :x: WOO: <:l _m<{ Z !::wz ex: iii 2I <c a:: I- I- -In W OJ 00<( :x: OJ I- <{f-a: (J ::;; U ,,~f-- w ;:) w za:- 1= Z ..., S;::w~ OJ m-1<{ ::;; ;:) mU~ >- w en Ow<{ -1 Z .!:: w -1:x:f-- 0 :x: >f-f- <l: I- Z:X:(I) en 0 0 <{f-<{ en z f- z-w W w _$ a:: <:l a:: "a:~ 0 <I: 0 zwO 0 a:: -f-'" <I: a. 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