Agenda 11/13/2012 Item #14B411/13/2012 Item 14.6.4.
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: Marie C. Capita, IBDC Center Manager
Community Redevelopment Agency - Immokalee
Attachments:
1. Proposed Termination of Interlocal Agreement
2. March 10, 2009 Interlocal Agreement for the Immokalee Business Development Center
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11/13/2012 Item 14.6.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 14.13.4.
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. (This is a companion to Items 14135
and 14136)
Meeting Date: 11/13/2012
Prepared By
Name: PhillippiPenny
Title: Executive Director, Immokalee CRA,
1 1/5/2012 2:32:38 PM
Submitted by
Title: Executive Director, Immokalee CRA,
Name: PhillippiPenny
11/5/2012 2:32:40 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 11/5/2012 3:58:49 PM
Name: GreenwaldRandy
Title: Management /Budget Analyst,Office of Management & B
Date: 1 1 /5/2012 4:40:03 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 11/5/2012 4:49:41 PM
Name: Klatzkowleff
Title: County Attorney
Date: 11/6/2012 8:17:11 AM
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Name: OchsLeo
Title: County Manager
Date: 11/6/2012 12:03:08 PM
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11/13/2012 Item 14.6.4.
11/13/2012 Item 14.6.4.
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
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11/13/2012 Item 14.6.4.
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
, 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,
By:
DONNA FIALA, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, serving as the
COLLIER COUNTY AIRPORT AUTHORITY
By:
FRED W. COYLE, CHAIRMAN
Page 2 of 2
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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
11/13/2012 Item 14.13.4.
INTERLOCAL AGREEMENT FOR THE IMMOKALEE BUSINESS DEVELOPMENT
CENTER BETWEEN COLLIER COUNTY AIRPORT AU'T'HORITY AND THE
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY
z
This Agreement is made and entered into this Iyf day of _�'�a . 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 (I }`pt o tr oort; and
WHEREAS, AIRP 'Na THORITY leases th im kalee Airport from the Board of
County Commissioners p rsu t to the s e� eme dated ay 4, 1994, as amended on May 2,
1995, which is set to expi y s,
WHEREAS, C cQe Tres to use property to t okalce Regional Airport/Florida
Tradeport, Immokalee,
Flo `the Property") to e s siness incubator to assist start-up
enterprises; and 0 )WE E CT's
WHEREAS, AIRPORT AUTH esrres 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.
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OR 4547 PG 33
11/13/2012 Item 14.13.4.
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 Ca RT AUTHORITY are contained in the Polcies
� G j
and Prcedures e amended fro time.
4. NOTICES; All o es ro t IRPO T UTHORITY shall be in writing and
deemed d ly s a r ifi mail to AIRPORT AUTHORITY
at the foll v!tp N
1 Executive o (0
llier County Airpo t1[ rity
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 — 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
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* ** OR 4547 PG 34 * **
11/13/2012 Item 14.6.4.
The parties, at their option, may enter into a new Interiocal Agreement upon termination
of this Agreement.
6. TERMINATION: CPA 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: yanly be amended by mutual agreement of the
parties. This A t is not assignable t he consent of both parties.
8. This Agree entiaticoi`detinl]412�-public cor s of Collier County.
IN WITNESS WH 61Z�9 � RT 41$HM TY have each respectively, by
authorized person o Z" t, hereunder set thx ads eals on the date and year first
above written.(
rz E .1
,ATTEST: V `�
e6NVI6iiT,E: -BRMK, CLERK
!1♦•� .GIr! tt4s
Approved as to form & legal Sufficiency
Assistant County Attornov
` 1/52010 PSP
COMMUNITY REDEVELOPMENT AGENCY
BY: 4-::ra�
Jame oIctta, airman
COLLIER COUNTY AIRPORT AUTHORITY
BY: L�1
Byron Meade, Chairman
3
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