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Agenda 11/18/2014 Item # 16F411/18/2014 16.F.4. EXECUTIVE SUMMARY Recommendation to approve Second Amendment to Temporary Use Agreement with Kraft Office Center, LLC, extending the lease term to December 15, 2014, for the continued no cost use of furnished office space for the initial implementation of the Soft Landing Business Accelerator Project. OBJECTIVE: To extend the lease term for the Kraft Office Center building to December 15, 2014 to facilitate the pilot launch of Soft Landing Business Accelerator. CONSIDERATIONS: On May 13, 2014, the County Commission approved the County Innovation Accelerator Business Plan and authorized 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. These agreements are schedule for Board review and action on November 18, 2014. In order to address the needs of potential clients prior to the opening of permanent facilities, staff secured a no cost temporary use agreement for office space to host a pilot business technology accelerator operation through the County's request for quotations process. The Board ratified this action on September 9, 2014, Agenda Item l 6F -1 G. A first amendment to the lease agreement providing additional square footage to accommodate client demand was approved by the Board on September 24, 2014, Agenda Item 16L. The proposed Second Amendment modifies Article 2 of the Temporary Use Agreement as follows: "Effective Period. This Agreement shall be effective upon execution by both parties and shall cover the period of time from August 18, 2014 until midnight on November- 7, 2014 December 15, 2014, unless extended by mutual written agreement of the parties. Either party may terminate this Agreement by providing thirty (30) days' advance written notice to the other party." All tenns and conditions of the Agreement and the First Amendment remain in full force and effect. The Second Amendment is effective November 1, 2014. FISCAL IMPACT: There is no cost for the temporary use of the 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 . ONSIDERATIONS: This item is approved as to form and legality and requires for approval. —JAB RECOMMENDATION: Recommendation to approve Second Amendment to Temporary Use Agreement with Kraft Office Center, LLC, extending the lease term to December 15, 2014 for the continued no cost use of furnished office space for the initial implementation of the Soft Landing Business Accelerator Project. Prepared by: Bruce Register, Director, Office of Business and Economic Development Attachments: Temporary Use Agreement. Packet Page -1911- 11 /18/2014 16. F.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16. F. 16. F. 4. Item Summary: Recommendation to approve Second Amendment to Temporary Use Agreement with Kraft Office Center, LLC, extending the lease term to December 31, 2014, for the continued no cost use of furnished office space for the initial implementation of the Soft Landing Business Accelerator Project. Meeting Date: 11/18/2014 Prepared By Name: JenniferLeslie Title: Administrative Assistant, Office of Business & Economic Development 11/7/2014 11:49:01 AM Submitted by Title: Director - Business & Econ Development, Office of Business & Economic Development Name: RegisterBruce 11 /7/2014 11:49:02 AM Approved By Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 1 l /7/2014 3:44:42 PM Name: lsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 1 1/] 0/2014 8:13:38 AM Name: KlatzkowJeff Title: County Attorney, Date: l 1/] 0/2014 9:21:19 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 11/10/2014 12:27:40 PM Packet Page -1912- 11 /18/2014 16. F.4. Packet Page -1913- 11 /18/2014 16. F.4. SECOND AMENDMENT TO TEMPORARY USE AGREEMENT This Second Amendment to the Temporary Use Agreement (`Second Agreement') is entered as of this 18th day of November, 2014, by and between Kraft Office Center LLC, a Florida Limited Liability Company and Collier County, a political subdivision of the State of Florida. WITNESSETH: WHEREAS, on August 12, 2014 the parties entered into a Temporary Use Agreement (`Agreement') for the use of approximately 300 Square feet of office space located at the Kraft Office Center, within Suite 204, 3530 Kraft Road, Naples, FL 34105, (approximately 300 square feet) for the interim location for the Western Collier County Soft Landing Accelerator; and WHEREAS, the Agreement was amended by way of a First Amendment to Temporary Use Agreement (`First Amendment') dated September 23, 2014 that added use of Suite 203, located at 3530 Kraft Road, Naples, Florida 34105, (approximately 500 square feet, now resulting in use of approximately 800 square feet), as well as the use of common area and amenities. WHEREAS, the parties desire to extend the term of the Agreement from November 7, 2014 to December 15, 2014. WHEREAS, the parties wish to memorialize their understanding as set forth below. NOW, THEREFORE, in consideration of the covenants and agreements provided within the said Agreement and Ten Dollars ($10.00) and other valuable consideration, the Agreement, as amended, is hereby further amended as follows: 1. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. Article 2, titled "Effective Period" is modified to read: "Effective Period. This Agreement shall be effective upon execution by both parties and shall cover the period of time from August 18, 2014 until midnight on member 74 December 15. 2014, unless extended by mutual written agreement of the parties. Either party may terminate this Agreement by providing thirty (30) days' advance written notice to the other party. Excepting the amendment of Article 2 as stated above, all terms and conditions of the Agreement and the First Amendment remain in full force and effect. This Second Amendment merges any prior written and oral understanding and agreements, if any, between the parties with respect to matter set forth herein. 4. This Second Amendment to Temporary Use Agreement shall become effective as of November 1, 2014. CP Packet Page -1914- 11/18/2014 16. F.4. IN WITNESS WHEREOF, the parties have executed this Second Amendment the day and year first written above. ATTEST: DWIGHT E. BROCK, CLERK M- , Deputy Clerk WITNESSES: Signature of first witness Print name Signature of second witness Print name Approved as to form and legality: Jennifer A. Belpedio, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN KRAFT OFFICE CENTER, LLC a Florida limited liability company By: ALEXANDER A. PEZESHKAN, Managing Member Packet Page -1915- 2 Cp,,o