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Agenda 10/09/2012 Item #16K1 Proposed Agenda Changes Board of County Commissioners Meeting October 9, 2012 Continue Item #16K1 Indefinitely: Recommendation to approve Termination of Interlocal Agreement between the Collier County Community Redevelopment Agency and the Collier County Airport Authority for the Immokalee Business Development Center. (Requested by the Immokalee CRA Executive Director) Continue Item #13A to the October 23,2012 BCC Meeting: This item continued from the September 25,2012 BCC Meeting. Recommendation to discuss Item #11E from the Board's September 11, 2012 agenda regarding"Wastewater Basin Program" contracts. (Requested by Clerk of Courts) Withdraw Item #16D9: Recommendation to approve Amendment 2 to Contract#11-5753, Electronic Fareboxes for the Collier Area Transit (CAT) Intelligent Transportation Systems (ITS) Program, and approve the Software License Agreement between Fare Logistics Corporation and Collier County. (Staffs request) 10/9/2012 9:29 AM 10/9/2012 Item 16.x.1. EXECUTIVE SUMMARY Recommendation to approve the Termination of Interlocal Agreement between the Collier County Community Redevelopment Agency and the Collier County Airport Authority for the Immokalee Business Development Center. OBJECTIVE: That the Board of County Commissioners, in its capacity as the Collier County Airport Authority and the Collier County Community Redevelopment Agency (CRA), approves the Termination of Interlocal Agreement. CONSIDERATION: On March 10, 2009, the Airport Authority entered into an Interlocal Agreement with the Collier County Community Redevelopment Agency for the creation and operation of the Immokalee Business Development Center at the Immokalee Regional Airport. The Director of the Collier County Airport Authority and the Director of the Immokalee CRA have agreed that the Interlocal Agreement is no longer necessary since the CRA located the Immokalee Business Development Center outside of the airport property. The proposed Termination of Interlocal Agreement is intended to cease all obligations and duties between the parties pursuant to the Interlocal Agreement and, after its approval, will be recorded in the Public Records. FISCAL IMPACT: The Fiscal Impact is limited to the recording fees for the Termination of Interlocal Agreement. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This Termination Agreement was drafted by the County Attorney's Office and is legally sufficient for Board action. A majority vote is required for approval. — ERP RECOMMENDATION: That the Board of County Commissioners, in its capacity as the Collier County Airport Authority and the CRA, approves and authorizes its Chairman to sign, the attached Termination of Interlocal Agreement between the Collier County Community Redevelopment Agency and the Collier County Airport Authority for the Immokalee Business Development Center. PREPARED BY: Emily R. Pepin, Assistant County Attorney, County Attorney's Office Attachments: 1. Proposed Termination of Interlocal Agreement 2. March 10, 2009 Interlocal Agreement for the Immokalee Business Development Center Packet Page -1612- COLLIER COUNTY Board of County Commissioners Item Number: 16.K.1. 10/9/2012 Item 16.K.1. Item Summary: Recommendation to approve the Termination of Interlocal Agreement between the Collier County Community Redevelopment Agency and the Collier County Airport Authority for the Immokalee Business Development Center. Meeting Date: 10/9/2012 Prepared By Name: AllenDebbie Title: Legal Office Administrator, County Attorney 9/28/2012 4:31:32 PM Submitted by Title: Assistant County Attorney, CAO Litigation Name: PepinEmily 9/28/2012 4:31:34 PM Approved By Name: CurryChris Title: Executive Director - Airport Authority,Airport Authority Date: 10/2/2012 2:52:21 PM Name: PhillippiPenny Title: Executive Director, Immokalee CRA, Date: 10/2/2012 3:06:01 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 10/2/2012 3:17:09 PM Name: KlatzkowJeff Title: County Attorney Date: 10/2/2012 3:40:57 PM Packet Page -1613- Name: FinnEd Title: Senior Budget Analyst, OMB Date: 10/2/2012 3:59:47 PM 10/9/2012 Item 16.K.1. Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 10/2/2012 5:01:35 PM Packet Page -1614- 10/9/2012 Item 16.K.1. TERMINATION OF INTERLOCAL AGREEMENT FOR THE IMMOKALEE BUSINESS DEVELOPMENT CENTER BETWEEN THE COLLIER COUNTY AIRPORT AUTHORITY AND THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY This Termination of Interlocal Agreement is made and entered into this day of , 2012, between the Collier County Community Redevelopment Agency (hereinafter "CRA ") and the Collier County Airport Authority (hereinafter "Airport Authority ") RECITALS: WHEREAS, on March 10, 2009, the CRA and the Airport Authority entered into an Interlocal Agreement for the creation and operation of the Immokalee Business Development Center at the Immokalee Regional Airport, recorded at Official Records Book 4547, Page 32 of the Public Records of Collier County, Florida (hereinafter "Interlocal Agreement "); and WHEREAS, the Interlocal Agreement is no longer required since the CRA located the Immokalee Business Development Center outside of the Immokalee Regional Airport; and WHEREAS, the Airport Authority and the CRA wish to terminate the Interlocal Agreement. WITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. The Interlocal Agreement is hereby terminated effective the date of this Termination of Interlocal Agreement. Except as set forth herein, the parties shall have no further obligations or duties to one another as set forth in the Interlocal Agreement. 3. This Termination of Interlocal Agreement shall be recorded in the public records of Collier County. Page 1 of 2 Packet Page -1615- 10/9/2012 Item 16.K.1. IN WITNESS WHEREOF, the parties hereto have caused this Termination of Interlocal Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGHT E. BROCK, Clerk ME , Deputy Clerk Attest: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: Emily R. P in Assistant County Attorney COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA, C DONNA FIALA, CHAIRMAN BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, serving as the COLLIER COUNTY AIRPORT AUTHORITY FRED W. COYLE, CHAIRMAN Page 2 of 2 Packet Page -1616- INSTR 4406828 OR 4547 PG 32 RECORDED 3/18/2010 9:15 AM PAGES 3 10/9/2012 Item 16.K.1. DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 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 /y 41 day of _�'/la , 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 (11 )'Ap ort; and WHEREAS, AIRPV THORITY leases th im kalee Airport from the Board of County Commissioners pyrsu4l t to t��s,,eemen dated fay 124, 1994, as amended on May 2, 1995, which is set to expire Moy g3, WHEREAS, C rd`e fires tto use propei�Fy7T*Pated tit �jj� okalee Regional Airport/Florida Tradeport, Immokalee, Flo he Property") to s i siness incubator to assist start-up enterprises; and GF �, ' CIRCA WHEREAS, AIRPORT RUTH esires 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. Packet Page -1617- OR 4547 PG 33 10/9/2012 Item 16.K.1. 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 except 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. AIRPORT AUTHORITY shall provide receptionist services and general insurance for the Immokalee Business Development Center. The respective contributions of the C 'i RT AUTHORITY are contained in the Poicies I' and Prcedures i i1e amended ro ita time. 4. NOTICES: All o es s From- CRA1g -AIRP0 T UTHORITY shall be in writing and deemed d ly s a r ifi mail to AIRPORT AUTHORITY at the foll v Executive o r'0, Ilier County Airpo t1i rity 4 All notices from AIRPORT AUTHORITY to CPA shall be in writing and deemed duly served if mailed by registered or certified 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 Packet Page -1618- * ** OR 4547 PG 34 * ** C 7 8. 10/9/2012 Item 16. K.1. The parties, at their option, may enter into a new Interlocal Agreement upon termination of this Agreement. 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, CPA 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. AMENDMENTS:, ly be amended by mutual agreement of the parties. This A t is not assignable tiy�ut he consent of both parties. This Agree � t a cod ublic cor s of Collier County. ty IN WITNESS authorized person o"" It, hereunder set thes r f_" V above written. fr v, .ATTEST• eDNYIGHT,E:-BRO�K, CLERK { Approved as to form & legal Sufficiency Assistant County Attornov ' 1/5/2010 PSP have each respectively, by on the date and year first COMMUNITY REDEVELOPMENT AGENCY BY: Jame oletta, nairman COLLIER COUNTY AIRPORT AUTHORITY BY: �z� —•-mac • Byron Meade, Chairman Packet Page -1619-