Agenda 09/23/2014 Item #16F 29/23/2014 16. F.2.
EXECUTIVE SUMMARY
Recommendation to approve an Amendment to the Temporary Use Agreement with Kraft Office
Center LLC, for the no cost use of furnished office space for the pilot launch of the Soft Landing
Business Accelerator Proiect.
OBJECTIVE: That the Board of County Commissioners ( "Board ") approve the enclosed Amendment of the
no -cost Temporary Use Agreement, for additional space required by unanticipated participant demand for the
initial pilot launch of the Soft Landing Business Accelerator Project. The amended square footage would total
approximately 800 square feet.
CONSIDERATIONS: On May 13, 2014, the County Commission approved the County Innovation
Accelerator Business Plan and directed staff to proceed with plan implementation. Since that time staff has
been working steadily to finalize agreements with the State Department of Economic Opportunity for $2.5
Million in committed funding assistance and the Southwest Florida Workforce Development Board for
administrative services related to Accelerator operations.
In order to address the needs of potential clients prior to the opening of permanent facilities, a Temporary Use
Agreement for no -cost use of approximately 300 square feet of Class A Office space to host a pilot business
technology accelerator operation was approved in absentia on August 12, 2014 and ratified by the Board on
September 9, 2014. The pilot has attracted participants in excess of expectations and additional space is
required to accommodate these pending participants until a permanent location is opened.
FISCAL IMPACT: There is no cost to the County for the temporary use of the additional office space.
GROWTH MANAGEMENT IMPACT: This request is consistent with Objective 3 of the Economic
Element of the Collier County Growth Management Plan which states: "Collier County will support programs
which are designed to promote and encourage the recruitment of new industry as well as the expansion and
retention of existing industries in order to diversify the County's economic base."
LEGAL CONSIDERATIONS: The County Attorney has reviewed this item and approved it as to form and
legality. Majority support is required for approval. -JAK
RECOMMENDATION: Recommendation to approve an Amendment to the Temporary Use Agreement
with Kraft Office Center LLC, for the no cost use of additional furnished Class A office space for the pilot
launch of the Soft Landing Business Accelerator Project.
Prepared bv•
Bruce Register, Director, Office of Business and Economic Development
Attachments: Amendment to the Temporary Use Agreement.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 161.3.
9/23/2014 16.F.2.
Item Summary: Recommendation to approve an Amendment to the Temporary Use Agreement
with Kraft Office Center LLC, for the no cost use of furnished office space for the pilot launch of the Soft
Landing Business Accelerator Project.
Meeting Date: 9/23/2014
Prepared By
Name: JenniferLeslie
Title: Administrative Assistant, Office of Business & Economic Development
Approved By
Name: EdFinn
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 09/15/2014 02:29:01 PM
Name: klatzkowjeff
Title: Countv Attorney,
Date: 09/17/2014 01:09:11 PM
Name: ochs_l
Title: County Manager, County Managers Office
Date: 09/17/2014 03:13:57 PM
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9/23/2014 16.F.2.
AMENDMENT TO TEMPORARY USE AGREEMENT
This Amendment to the Temporary Use Agreement ( "Agreement ") is entered as of this
23rd day of September, 2014; by and between the Kraft Office Center LLC, a Florida Limited
Liability Company ( "KOC ") and Collier County, a political subdivision of the State of Florida,
whose mailing address is 3299 East Tamiami Trail, Naples, Florida 34112.
WITNESSETH:
WHEREAS, on August 12, 2014 the parties entered into a Temporary Use Agreement for
the use of approximately 300 Square feet of office space located at the Kraft Office Center
( "Property"), within Suite 204, 3530 Kraft Road, Naples, FL 34105, (approximately 300 square feet)
for the interim location for the Soft Landing Accelerator; and
WI•IEREAS, due to participant demand additional space is required for the success and
unprecedented growth of the Soft Landing Accelerator; and
WHEREAS, KOC is willing to offer the use of additional space at no
cost to the County; and
WHEREAS, the parties are desirous of amending that Temporary Use Agreement; and
WHEREAS, the parties wish to memorialize their understanding as set forth on the terms
and conditions below.
NOW, THEREFORE, in consideration of the covenants and agreements provided within
the said Temporary Use Agreement and Ten Dollars ($10.00) and other valuable consideration,
the Temporary Use Agreement is hereby amended as follows:
The foregoing Recitals are true and correct and are incorporated by reference herein.
2. In keeping with Article 3, of this Temporary Use Agreement, the parties to the
anrendement and the Agreement will continue in full force and effect.
3. Accordingly, Article 3, titled " Office Space Use" is modified to read:
"Office Space Use. OBED & CCN employees, guests and invitees shall be permitted
use of the office space and services at such times and in the fashion described in the
specifications provided as Attachment A, whose terms and conditions are
incorporated into this Agreement as if fully set forth. This Agreement shall also
include use of Suite 203, 3530 Kraft Road, Naples, FL 34105, (approximately 500
square feet, now total space under the Agreement will be approximately 800 square
feet), including use of the conunon area and amenities."
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9/23/2014 16.F.2.
4. Excepting the ;amendment of the Office Space Use set Forth herein,. all terms and
conditions of the Agreement remain in full force and effect. The Amendment inerges any
prior written and oral understanding and agreements, if any, between the panties with
respect to matter set forth herein:
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
ATTEST:
DWIGHT E.'BROCK, CLERK
, DEPUTY CLERIC.
Approved as to form and legality
JENNIF$R A. BELPE)IO
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN'
KRAFT OFFICE
Managing Member
':-�\ ot �
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9/23/2014 16.F.2.
Temporary Use Agreement
Office Space Use for Pilot Launch -of Collier Catalyst Network
This Temporary Use Agreement ( "Agreement")• is entered as of this adtay of
August, 2014, by and between the Kmft'Office Center LLC, a Florida Limited Liability
Company ( "KOC ") and Collier County, a political subdivision of the State of Florida,
whose mailing address is 3294 East Tamiami Trail, Naples, Florida 34112.
WHEREAS, Collier County, through its Office of Business & Economic
Development ( "OBED "), is seeking to establish an Interim location to operate the Soft
Landing Accelerator in a private facility before formally executing agreements with the
State and its intended operator Career Source Workforce Board; and
WHEREAS, KOC Is willing to offer at no cost to the County certain space
located at the Kraft Office Center( "Property "), 3530 Kraft Road, Naples, FL 34105; and
WHEREAS, the parties wish to memorialize their understanding asset forth on
the terms and conditions below.
WIT N.ESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good
and valuable consideration exchanged amongst the Panics, and in consideration of the
covenants contained herein, the Parties hereby enter into this Agreement on the following
terms and conditions for the purpose of facilitating the pilot launch of the Collier Catalyst
Network ( "CCN"), a technology accelerator.
1. Owner of the ProueM KOC represents that it is the fee owner of the Kraft
Office Center ( "Property") located at 3530 Kraft Road, Naples, FL 34105.
2. effective Period. This Agreement shall be of octive upon execution by
both parties and shall cover the period of time from August 18, 2014 until midnight on
November 7, 2014, unless extended by mutual written agreement of the panics. Either
party may terminate this Agreement by providing thirty (30) days' advance written notice
to the other party.
3. Qfflce Space Use. OBED & CCN employees, guests and invitees shall be
permitted use of the office space and services at such times and in the fashion described
in the specifications provided as Attachment A, whose terms and conditions are
incorporated into this Agreement as if hilly set forth.
4. No Changes to PmgejU by OBED & CCN. OBED & CCN shall make no
alterations, additions and improvements to the Property except to the extent, If any,
authorized by KOC in writing, which consent may be fieely withheld.
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9/23/2014 16.F.2.
S. L�er�s. OBED & CCN shall not cause or allow any Lis Pendens or any
liens to be filed against the Property, and if filed arising out of any act or omission by
OBED & CCN at the Property, OBED & CCN shall woure the lien's release.
6. Security IQ Prop, KOC is under no obligation to provide security to the
Property. OBED & CCN may, at Its sole expense, employ security personnel,
7. 3ins. OBED & CCN will not post any sign, card or placard on the
Property except as first approved in writing by KOC.
8. Waste to the ProDeirty. OBED & CCN shall not commit waste, nor suffer
any waste to the Property,
9. Reylsions_ to this Agwmea This Agreement may only be revised by
mutual written consent duly executed by both parties.
10. No Brokers, The parties warrant that them are no brokers with whom they
dealt on this Amendment. The party who breaches this warranty shall defend, hold
harmless, and Indemnify the non - breaching party from any claims or liability arising
from the breach.
11. CgunteMid, Ws: Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, and all of which together shall
constitute one and the same instrument. Signatures provided by facsimile transmission or
in Adobe Portable Document Format (PDF) sent by electronic mail shall be deemed to be
original signatures,
12. Dispute Resolution. This Agreement shall be construed by and controlled
under the laws of the State of Florida, In the event of a dispute under this Agreemenrt, the
parties will first engage in non - binding mediation. Following the conolusion of this
procedure, either party may 'file an action In the Circuit Court of Collier County to .
enforce the terms of this Agreement, which Court the Parties agree to have the sole and
exclusive jurisdiction, In the event of a legal dispute between the parties concerning this
Agreement the losing party agrees to pay the reasonable attorneys' fees and related costs,
Incurred by the prevailing party including fees and costs that may be Incurred through all
levels of appeals and/or remands.
13. Termination and Surrender. Upon termination of this Agreement, the
County shall redeliver possession of the Property to KOC in good condition and repair,
normal wear and tear excepted.
14. Entire Agreement. This Agreement contains the entire agreement of the
Parties with respect to the matters covered herein and no other agreement, statement or
promise made any party, or to any employee, officer or agent of any party, which Is not
contained in this Agreement shall be binding or valid.
2
9/23/2014 16.F.2.
Attachment A
July21, 2014
Copier Cauniy
Re:• Kraft Office Center, LLC Response to Coif[er County Request for Quotation rkFQ!).
Dear Ladles $ Oenttemen, :
kraft office Center, LLC, a Florida limited flabfllty company ('KM Is - plpaaed to respond to the -
Request for Quotation far a gross lease for full sertivWe Ciao A office space for the pilot openaflon of a",
bualness technology accelerator that could Include, but not ffmlted.to, Accelerator staff and Accelerator
companies fora period between August 18 —November 7, 2014 (12-weeks or. 3 'months). KOC Is
willing to Mks the following points A-J, as stated below, available to Collier County for a three (3)
month period of time (August 18 -. November 7, 2014) at no cost to Collier. County within Suite 204
.loomed at 3530 Kraft Road Naples, Florida 34105.
The speolftosiions Include: :
-A. Two har i-walled offices, one cubical space (appro)imate 300 sq. ft In total)
B. Access to a conference room equipped with standard audiovisual equipment.
C. Access to central work area equipped with copier. :
b. Ofliaes shall come furnished with desks., chairs, and at least one looking
file cabinet-
E. Internet and wireless aocaas
- F: Aooees to1he faculty 2417 :
G. Paddng for at least 7 vshicies
H. Most all applicable ADA requirements
1, Shared receptloniat, able to greet and direct guests during business hours -- -
provided.
J. - Insurance liability coverage: commercial Iiability X1,000,000
This proposal Is valid for thirty (30) days, from the date of submlaston, KOC'states that pricing was
arrived at.wtthout any oaliuslon or contilct of interest
I am the- Preeldent of KOC and-wlll be.the point- of:oontact for matters oonceming the.Rl'Q. I hereby
VIex n, provided In response to this RFQ Is true and accurate.
.
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9/23/2014 16.F.2.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year lust above written,.
AS TO THE OWNER:
Witness (signature)
t
(print name)
witniess (signau= j
�„O r
(O Ant name) '
AS TO COLLIER COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk
0
, Deputy Clerk
Approved as to form and legality
Jefroy A. Kletzkow, County Attorney
Kraft Office Cc txrL2
By:
AlixwfdeA. Pezeshkan,
Managing Member
Board of County Commissioners,
Collier County, Florida
al
3
9/23/2014 16.F.2.
AMENDMENT'TO TEMPORARY USE AGREEMENT
This Amendment to the Temporary Use Agreement ( "Agreement ") is entered as of this
23,d day of September, 2014, by and between the Kraft Office Center LLC, a Florida Limited
Liability Company ( "KOC ") and Collier County, a political subdivision of the State of Florida,
whose mailing address is 3299 East Tamiami Trail, Naples, Florida 34112.
WITNESSETH:
WHEREAS, on August 12, 2014 the parties entered into a 'Temporary Use Agreement for
the use of approximately 300 Square feet of office space located at the Kraft Office Center
('Property "), within Suite 204, 3530 Kraft Road, Naples, FL 34105, (approximately 300 square feet)
for the interim location for the Soft Landing Accelerator; and
WHEREAS, due to participant demand additional space is required for the success and
unprecedented growth of the Soft Landing Accelerator; and
WHEREAS, KOC is willing to offer t h e use of additional space at no
cost to the County; and
WHEREAS, the parties are desirous of amending that Temporary Use Agreement; and
WHEREAS, the parties wish to memorialize their understanding as set forth on the terms
and conditions below.
NOW, THEREFORE, in consideration of the covenants and agreements provided within
the said Temporary Use Agreement and Ten Dollars ($10.00) and other valuable consideration,
the Temporary Use Agreement is hereby amended as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference herein.
2. In keeping with Article 3, of this Temporary Use Agreement, the parties to the
anrendement and the Agreement will continue in full force and effect.
3. Accordingly, Article 3, titled " Office Space Use" is modified to read:
"Office Space Use. OBED & CCN employees, guests and invitees shall be permitted
use of the office space and services at such times and in the fashion described in the
specifications provided as Attaclmient A, whose terms and conditions are
incorporated into this Agreement as if fully set forth. This Agreement shall also
include use of Suite 203, 3530 Kraft Road, Naples, FL 34105, (approximately 500
square feet, now total space under the Agreement will be approximately 800 square
feet), including use of the common area and amenities."
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9/23/2014 16. F.2.
4. Excepting the amendment of the Office Space Use set forth herein, all terms and
conditions of the Agreement remain in full force and effect. The Amendment merges any
prior written and oral understanding and agreements, if any, between the parties with
respect to matter set forth Herein.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
, DEPUTY CLERK
ATTEST:
LION
Approved as to form and legality
Jeffrey A. Klatzkow, County Attorney
By:
TOM HENNING, CHAIRMAN
KRAFT OFFICE CENTER LLC
By: 1 - , := , 1.
Alex eer A. Pezeshkan,
Managing Member
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