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Agenda 11/13/2012 Item #14B511/13/2012 Item 14.6.5. EXECUTIVE SUMMARY Recommendation to the Board of County Commissioners acting as the Community Redevelopment Agency (CRA) to authorize the continued operation of the Immokalee Business Development Center (IBDC) under the auspice of the Immokalee Community Redevelopment Agency (CRA) exclusive of the partnership with the Collier County Airport Authority and the Immokalee Airport. Obiective: To receive authorization for the continued operation of the IBDC under the auspice of the Immokalee CRA exclusive of the partnership with the Collier County Airport Authority and the Immokalee Airport. Background: On March 9, 2010, the Board of County Commissioners acting as the Community Redevelopment Agency (CRA), under Item 14A, approved the creation of a business development center at the Airport in Immokalee as a collaboration between the CRA - Immokalee and the Collier County Airport Authority; approved the Inter -Local Agreement with the Collier County Airport Authority; and authorized the expenditure of $100,000.00 from fund 186 to provide seed money for the project. Considerations: The Immokalee CRA has elected to operate the business development center off Airport property as the space was not adequate and appropriate for this project. Accordingly, as there is no further purpose to be served by the Interlocal Agreement entered into by the CRA - Immokalee and the Collier County Airport Authority, the CRA will request that the agreement be terminated and the IBDC continues operating exclusive of the Interlocal Agreement. Continuation of the IBDC absent the Interlocal Agreement will have no affect on any previous grants awarded since the purpose for these grant were for job creation. This function is still the mission and purpose of the IBDC. On October 17, 2012, at a regular meeting of the Immokalee CRA Advisory Committee, the committee voted unanimously to support terminating the Interlocal Agreement between the Collier County Airport Authority and the CRA - Immokalee, and continue operation of the IBDC under the auspice of the CRA - Immokalee. Continuation of the IBDC absent the Interlocal Agreement will have no affect on previous grants awarded to the program. The intended outcome of all previous grants awarded was economic development/job creation. These are still the goals and mission of the IBDC. Fiscal Impact: There is no fiscal impact associated with this recommendation. The IBDC is grant funded. Growth Management: The Immokalee Business Development Center furthers the programs and projects within the budgetary and policy guidance and Packet Page -1221- 11/13/2012 Item 14.8.5. directives of the Community Redevelopment Agency and the Board of County Commissioners in furtherance of Policy 4.2 of the Future Land Use Element of the Growth Management Plan which reads as follows: " * ** *The Immokalee Area Master Plan addresses conservation, future land use, population, recreation, transportation, housing, and the local economy. Major purposes of the Master Plan are coordination of land uses and transportation planning, redevelopment or renewal of blighted areas, and the promotion of economic development." Legal Considerations: This item has been reviewed by the County Attorney, is legally sufficient, and requires a majority vote for approval. — JAK. Recommendation: Recommendation for the Board of County Commissioners acting as the Community Redevelopment Agency (CRA) to authorize the continued operation of the Immokalee Business Development Center (IBDC) under the auspice of the CRA- Immokalee, exclusive of the partnership with the Collier County Airport Authority and Immokalee Airport. Preaared Bv: Marie Capita, Center Manager of the Immokalee Business Development Center Attachments: 1. Proposed Termination of Interlocal Agreement 2. March 10, 2009 Interlocal Agreement for the Immokalee Business Development Center Packet Page -1222- 11/13/2012 Item 14.6.5. 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. Pagel of 2 Packet Page -1223- 11/13/2012 Item 14.6.5. 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 Packet Page -1224- 11/13/2012 Item 14.6.5. 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 INTERLOCAL AGREEMENT FOR THE iMMOKALEE BUSINESS DEVELOPMENT CENTER BETWEEN COLLIER COUN'T'Y AIRPORT AUTHORITY AND THE COLLIER COUNTY COMMUNI'T'Y REDEVELOPMENT AGENCY This Agreement is made and entered into this 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 WHEREAS, AIRP I County Commissioners p rsu 1995, which is set to expi nlll WHEREAS, C Tradeport, Immokalee, Flo 0 leases to the scvweement dated to use property A he Property ") to and Airport from the Board of 1994, as amended on May 2, Regional Airport/Florida iness incubator to assist start-up enterprises; and () .P P C WHEREAS, AIRPORT AUTH 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. I Packet Page -1225- OR 4547 PG 33 11/13/2012 Item 14.6.5. 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 terns 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 t RT AUTHORITY are contained in the Polcies and Prcedures fro d e d amen � it4�i� time. 4. NOTICES: All o es ro t Ii. IRPO T UTHORITY shall be in writing and deemed d ly s a ifi mail to AIRPORT AUTHORITY at the foil F, Executive o a Ilier County Airpo tK 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 Packet Page -1226- 11/13/2012 Item 143.5. * ** OR 4547 PG 34 * ** The parties, at their option, may enter into a now Interlocal Agreement upon termination of this Agreement. G. 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 CPA 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: T i r1fgn i ly be amended by mutual agreement of the parties. This A �t is not assignable he consent of both parties. 8. This Agree ent a ec 0 ttEh ublic or s of Collier County. IN WITNESS RT have each respectively, by authorized person ok*` ,t, hereunder set on the date and year first above written. .ATTEST: , COMMUNITY REDEVELOPMENT AGENCY �D�YI�HTiE: -BRd4, CLERK BY:k�.,.. � ' ��-' Jame oletta, airman ii w -10 Approved as to form & legal Sufficlency Assistant County Attorney 115/2010 PSP COLLIER COUNTY AIRPORT AUTHORITY AUTHORITY -'�- Byron Meade, Chairman 3 Packet Page -1227- 11/13/2012 Item 14.8.5. COLLIER COUNTY Board of County Commissioners Item Number: 14.13.5. Item Summary: Recommendation to the Board of County Commissioners acting as the Community Redevelopment Agency (CRA) to authorize the continued operation of the Immokalee Business Development Center (IBDC) under the auspice of the Immokalee Community Redevelopment Agency (CRA) exclusive of the partnership with the Collier County Airport Authority and the Immokalee Airport. (This is a companion to Items 14134 and 14136) Meeting Date: 11/13/2012 Prepared By Name: CapitaMarie Title: VALUE MISSING 10/26/2012 3:02:23 PM Approved By Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 10/26/2012 3:35:19 PM Name: PhillippiPenny Title: Executive Director, Immokalee CRA, Date: 10/29/2012 1:45:51 PM Name: StanleyTherese Title: Management /Budget Analyst, Senior,Office of Manage Date: 10/29/2012 2:54:36 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 10/30/2012 1:02:33 PM Name: StanleyTherese Title: Management /Budget Analyst, Senior,Office of Manage Packet Page -1228- Date: 10/30/2012 2:42:28 PM Name: KlatzkowJeff Title: County Attorney Date: 10/31/2012 8:39:04 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 11/1/2012 3:46:43 PM Name: OchsLeo Title: County Manager Date: 11/4/2012 10:59:54 AM Packet Page -1229- 11/13/2012 Item 14.B.5.