Agenda 06/11/2013 Item #16B3i
611111-0 13' 163.3.
EXECUTIVE SUM "ARY
R dation that the Board of County Commissioners, acting as the Community
ecommen b
Redevelopment Agency, approve a lease agreement with Hodges University, Inc., to house the
Immokalee Business Development Center at a not -to- exceed rent expenditure of $600 through its
term.
OBJECTIVE: To obtain the Community Redevelopment Agency's ( "CRA ") approval of a lease
agreement with Hodges University, Inc. ( "Hodges "), for office space located at 1170 Harvest Drive in
Immokalee, to house the Immokalee Business Development Center ( "IBDC ") for the six month period
prior to the IBDC becoming a separate non - profit entity apart from the Immokalee CRA.
CONSIDERATIONS: On May 28, 2013 (Agenda Item 414.B.2), the Board of County Commissioner,
acting as the Community Redevelopment Agency (CRA) approved the Immokalee CRA's exit strategy
for the IBDC. Item three (3) of the exit strategy included a recommendation that the IBDC be relocated
to the Hodges facility located at 1170 Harvest Drive, Immokalee, Florida. The Hodges' lease presents the
best option for the IBDC because Hodges has agreed to continue to lease its facility to the IBDC when it
becomes a non -profit entity and separates from the Immokalee CRA after December 3, 2013.
The proposed lease provides for a rent amount of $100.00 per month (100 sq ft). That rate includes water
and sewer, trash removal and exterior maintenance (to include landscaping). Collier County Budget
Guideline suggests per square foot per year lease rates at $6 - $12 for Immokalee office /medical space.
The proposed lease would commence on July 1, 2013.
FISCAL IMPACT: Sufficient funds exist in the FY2013 Budget. Fiscal impact associated with this
recommendation in the amount of $100.00 per month for a period of six (6) months with the cost to be
paid by the Collier County CRA - Immokalee Fund 186 - 138324.
CONSISTENCY WITH GROWTH MANAGEMENT PLAN: This action will have no impact on the
Collier County Growth Management Plan.
ADVISORY BOARD RECOMMENDATION: By unanimous vote, during the regular meeting of the
Immokalee Local Redevelopment Advisory Board on May 15., 2013, the Advisory Board voted to
approve a recommendation to the CRA, to relocate the IBDC to Hodges University located at 1170
Harvest Drive in Immokalee.
LEGAL CONSIDERATIONS: This item has been reviewed as to form and legality, and requires
majority vote for Board approval. —SRT
RECOMMENDATION: That the CRA approve the attached lease agreement with Hodges University,
Inc. and authorize its Chair to execute the agreement with a rental term expenditure not -to- exceed
$600.00.
PREPARED BY:
Marie Capita, Center Manager of the IBDC
Attached Document:
1. Lease
2. Approved Exit Strategy
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-6111/2013 16.13.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.13.16.6.3.
Item Summary: Recommendation that the Board of County Commissioners, acting as the
Community Redevelopment Agency, approve a lease agreement with Hodges University, Inc., to
house the Immokalee Business Development Center at a not -to- exceed rent expenditure of
$600 through its term.
Meeting Date: 6/11/2013
Prepared By
Name: CapitaMarie
Title: VALUE MISSING
5/31/2013 4:02:41 PM
Submitted by
Title: VALUE MISSING
Name: CapitaMarie
5/31/2013 4:02:44 PM
Approved By
Name: MuckelBradley
Title: Project Manager,
Date: 6/3/2013 10:58:27 AM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 6/3/2013 11:39:43 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/3/2013 2:16:33 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/4/2013 4:30:42 PM
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All 1/2013 16.8.3.
Name: OchsLeo "f
Title: County Manager
Date: 6/4/2013 5:15:55 PM
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LEASE AGREEMENT
6/11/2013 16.B.3.
THIS LEASE AGREEMENT, entered into this "' day of July, 2013 between
Hodges University, Inc., (the "Lessor "), having an address of 2655 Northbrooke Drive, Naples,
Florida 34119 and whose Federal Identification Number (F.E.I.D. or S.S.) is ,
and the Collier County Board of County Commissioners, acting as the Community
Redevelopment Agency (the "CRA "), on behalf of the Immokalee Business Development Center
( "IBDC "), (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, a part of those certain premises designated as:
Hodges Immokalee Learning Site
Single Office Designated as Office #2
1170 Harvest Drive
Immokalee, Florida 34142
[NEW
To have and to hold the above described premises for a term commencing on the lst day
of July, 2013 through and including the 31 st day of December, 2013.
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 of $100.00 per month for the period specified in Article I of this lease. The rent for any
fractional part of the first month, if any, shall be prorated. The rentals shall be paid to the Lessor
on the first day of the month at:
Hodges University
2.655 Northbrooke Drive
Naples, Florida 34119
Att: Dave Rice, VP of Facilities and IT
Lessor reserves the right to impose a 5% penalty upon each rent installment not received by the
Lessor by the tenth of each month.
}
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LEASE AGREEMENT
6/11/2013 16.B.3.
THIS LEASE AGREEMENT, entered into this "' day of July, 2013 between
Hodges University, Inc., (the "Lessor "), having an address of 2655 Northbrooke Drive, Naples,
Florida 34119 and whose Federal Identification Number (F.E.I.D. or S.S.) is ,
and the Collier County Board of County Commissioners, acting as the Community
Redevelopment Agency (the "CRA "), on behalf of the Immokalee Business Development Center
( "IBDC "), (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, a part of those certain premises designated as:
Hodges Immokalee Learning Site
Single Office Designated as Office #2
1170 Harvest Drive
Immokalee, Florida 34142
[NEW
To have and to hold the above described premises for a term commencing on the lst day
of July, 2013 through and including the 31 st day of December, 2013.
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 of $100.00 per month for the period specified in Article I of this lease. The rent for any
fractional part of the first month, if any, shall be prorated. The rentals shall be paid to the Lessor
on the first day of the month at:
Hodges University
2.655 Northbrooke Drive
Naples, Florida 34119
Att: Dave Rice, VP of Facilities and IT
Lessor reserves the right to impose a 5% penalty upon each rent installment not received by the
Lessor by the tenth of each month.
}
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3. HEATING, AIR CONDITIONING AND JANITORIAL SERVICES
6/11/2013 16.B.3.
1. Services for Office 42 shall be provided in the same manner as those provided for the
rest of the building. Such services include heating and air conditioning, janitorial services, pest
control and trash disposal.
2. All services required above shall be provided during the Lessee's normal working
hours, which shall coincide with the operating hours of Hodges University. These hours are
currently 8 AM to 8 PM, Monday through Thursday, and Fridays from 8 AM to 5 PM. These
hours are truncated during term breaks and the premises are closed during the week between
Christmas and New Years.
4. UTILITIES
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 any separately metered utilities including gas, water, sewer, solid waste, electricity
and telephone. Lessee shall have limited use of Lessor's phone service (local calls). Lessee shall
be responsible for any long distance calls. Lessee shall have limited use of Lessor's copier (100
copies a month). A copier code shall be issued to the Lessee which code shall be used when
making any copies on Lessor's copy machine. Lessee is responsible for reimbursing Lessor at the
per copy rate of 10 cents per page when she exceeds her monthly maximum allowance of 100
copies. Lessee shall keep track of copies and calls and Lessor has the option of discontinuing
this accommodation at any time for any reason.
5. ALTERATIONS
The Lessee shall have the right to make minor alterations in and to the demised premises
during the term of this lease upon first having obtained the written consent thereto of the Lessor
and at the Lessor's sole discretion. .
6. 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.
7. FIRE AND OTHER HAZARDS
In the event of a major fire to premises not the fault of the Lessee or its agents, or guests,
the Lessee shall have the option of vacating the premises and terminating its obligations under
this lease.
1. 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.
2. The Lessor certifies that it is without knowledge of whether asbestos was used in the
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construction of the demised premises.
3. Radon Gas is a naturally occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it over
time. Levels of radon that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be obtained from your
county public health unit. The Lessor certifies that it is without knowledge regarding radon
levels within the demised premises.
8. 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.
9. 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.
10. 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.
11. 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 they are required
to make under the terms of this lease.
12. 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, and such default shall continue fora period of twenty-one (21) 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 Lesser for arrears of rent or for
any breach of the Lessee's covenants herein contained.
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13. TAXES, INSURANCE AND COMMISSIONS
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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.
1.4. USE OF PREMISES
The Lessee will not make or suffer any unlawful, improper or offensive use of the
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. Use of the premises shall be limited to that
of teaching /classroom use and related administrative support.
15. RENEWAL
This lease is not subject to renewal. The parties anticipate that at the end of this lease
term the IBDC, which no later than lease end will be an independent non - profit entity separate
from the CRA, may be offered a new lease agreement for the leasing of a +- 2,000 s.f. out
building adjacent to the main building where this Office 42 is located. The rental of the out
building will be subject to terms and conditions to be proposed and agreed upon by the proper
leasing entities at that time.
16. TERMINATION AND AVAILABILITY OF FUNDS
The Parties 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
other party by Certified Mail, Return Receipt Requested,
17. NOTICES AND INVOICES
All notices required to be served upon the Lessor shall be served by Registered or Certified
Mail, Return Receipt Requested, at:
Hodges University, Inc.
Attn: David Rice, VP
2655 Northbrooke Drive
Naples, Florida 34119
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, acting as the Community Redevelopment Agency,
c/o Real Property Mgmt. Dept.
3301 Tamiami Trail East, Administration Bldg
Naples, Florida 34112
18. 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
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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.
19. 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.
(c) The singular shall include the plural and the plural shall include the singular whenever
the context so requires or permits.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the
purpose herein expressed, the day and year above written.
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ORIGINAL SIGNATURES REQUIRED ON ALL COPIES
LESSOR:
First Witness:
Hodges University, Inc.
By:
Print
Name:
David Rice, Its vice President
Second
Witness:
Print Name:
LESSEE:
ATTEST:
Board of County Commissioners Collier County, Florida in its
DWIGHT E. BROCK, CLERK
Capacity as the Collier County Community Redevelopment Agency
By.
By:
Tim Nance, Chairman
Deputy Clerk
Approved as to form and
legality:
Scott R. Teachr'�
Deputy County Attorney
Ij
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6/11/2013 163.3.
Immokalee CRA Proposed Exit Strategy for the
Immokalee Business Development Center {IBDC)
On March 9, 2010 the Board of County Commissioners (BCC) approved a recommendation for
the creation of the Immokalee Business Development Center (IBDC). The Immokalee CRA
created the IBDC to address the general problem of a weak economic and business climate in
Immokalee, and to address some of the barriers to entry for new business. On January 22, 2013,
the BCC, acting as the Community Redevelopment Agency (CRA) directed that actions be taken
to allow the IBDC to become an independent not - for - profit entity. This new status will enable
the IBDC to apply for an increased range of grant funding thereby, allowing the agency to
increase its positive impact on the Immokalee business community.
As the IBDC transitions from a County to an independent not - for - profit entity, the CRA
proposes the following exit strategy to insure that it is efficient and economical from an
operational standpoint as well as complies with all legal requirements. Outside legal counsel is
responsible for creating the not - for - profit entity. The County Attorney's Office will assist with
transition documents.
Issue: IBDC Program:
1. Operation of the IBDC will no longer be conducted by CRA. To that end, a Resolution
to dissolve the IBDC on or before December 31, 2013 needs to be approved by the CRA.
2. Continue the operation of the IBDC under the auspice of the CRA during the transition
period. This relationship shall cease as of December 31, 2013.
3. Presently CRA staff occupies a building located at 1320 North 15"' Street in Immokalee
under a lease that expires on July 15, 2013. Because the IBDC plans to separate from the
CRA no later than January 2013, it is no longer necessary for the CRA to lease a facility
large enough to house the IBDC and its clients. Subject to CRA approval, CRA staff will
be relocating to a smaller space within the Southwest Florida Works building located at
750 South Fifth Street, Immokalee, Florida as of July 1, 2013,
Hodges University has agreed to lease office space to the IBDC at 1170 Harvest Drive in
Immokalee for the nominal fee of $100.00 per month; which includes water and sewer,
trash removal and exterior maintenance (including landscaping). Leasing from Hodges
presents the best option for the IBDC because Hodges also agreed to lease its facility to
the soon to be created not for profit entity after December 31, 2013. The Hodges' lease
would commence on July 1, 2013. If the CRA Board approves this recommendation, the
CRA staff will bring this lease for approval at the CRA's next meeting. The Lease would
be drafted such that it may be assigned to the not- for - profit entity without further liability
to the BCC and CRA.
4. The IBDC is a grant funded program. As such, until it is an independent not -for- profit
entity, applying for grants remains to be the life line of the program. The CRA as an
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entity oT the County recommends that it be allowed to continue applying for grants to
cover the IBDC's operational costs until such time as the IBDC is a legal entity separate
and apart from the County. The Subrecipient Agreement will be drafted to allow
assignment of the Subrecipient Agreement to the not - for - profit entity under certain
circumstances such as Board approval of a Substantial Amendment to the relevant action
plan and qualification of the not -for profit for the project and grant funding. This will
create a seamless transition of the funding stream for the IBDC as it transitions from a
Collier County CRA program to a not - for - profit entity.
Issue: IBDC Staff.-
5. As of December 31, 2013, the Center Manager, Marie Capita, acting as the sole IBDC
employee, will no longer be considered a County employee. As per the County's Human
Resource Department, since the position is grant funded, it will be phased out as being
"no longer funded." This will not be considered as a resignation or termination. Board
action is not necessary for employee transition.
Issue: Equipment, furniture, supplies purchased by the IBDC with CDBG funds:
6. The CRA has no current use for the supplies, equipments, and firrniture purchased with
the Community Development Block Grant (CDBG) funds for the IBDC program. CRA
recommends that the items listed on the attached list be donated to the IBDC once it is a
legal entity separate and apart from the County. Staff has contacted HHVS, OMB, and
Purchasing Department to ascertain the proper process for requesting supplies,
equipment, and furniture to move with the not - for - profit. This transfer of supplies,
equipments, and furniture will be in accordance with all governing laws and processes.
(i.e. County's Purchasing Policy, Section 274.05, Florida Statutes, and 24 CFR 85).
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