Agenda 12/11/2012 Item #10 D12/11/2012 Item 10. D.
Board of Collier County Commissioners
Donna Fiala Georgia A. Hiller, Esq. Tom Henning Fred W. Coyle Jim Coletta
District 1 District 2 District 3 District 4 District 5
MEMORANDUM
Date: November 26"' 2012
To: County Manager Ochs
From: Commissioner _Henning, District _3
Re: Reconsideration
14B -5
Recommendation that 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 Immokaiee 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 14B6)
Please place on the December 11"' BCC agenda
3299 Tamiami Trail East, Suite 303 • Naples, Florida 34112 - 5746.239- 252 -8097 • FAX 239 -252 -3602
Packet Page -536-
12/11/2012 Item 10. D.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.D.
Item Summary: Request for reconsideration by Commissioner Henning of Item 1465 from
the November 13, 2012 BCC Meeting titled: 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.
Meeting Date: 12/11/2012
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
11/27/2012 7:57:43 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
11/27/2012 7:57:45 AM
Approved By
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 11/29/2012 9:21:31 AM
Packet Page -537-
1; 12/11/2012 Item 10.D.
0 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
Oblective: 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.
Backaround: 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 185 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 Immokaiee 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 developmentljob 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-
Packet Page -538-
1. 12/11/2012 Item 10. D.
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 Attomey, 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 CRP- immokalee, exclusive of the partnership with the
Collier County Airport Authority and Immokalee Airport.
Prepared 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
.7
Packet Page -2222-
Packet Page -539-
12/11/2012 Item 10. D.
11/1:3/2012 Item 143.5.
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, betwe= 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 datc 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 Paee -1223 -
Packet Page -540-
12/11/2012 Item 10.D.
11 /1�vLU1L Item 14.1:3.5.
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
0
, 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 Paee -1224 -
Packet Page -541-
i'
Ll
12/11/2012 Item 10.D.
1'in,5/zu-iz item 14.b.5.
INSTR 4406B28 OR 4547 PG 32 RECORDED 3/16/2010 9:15 Am PAGES 3
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC 127.00
MMRLOCAL AGREEMENT FOR THE MKOKALEE BUSINESS DEVELOPMENT
CENTER BETWEEN COLLIER COUNTY AIRPORT AUTHORITY AND THE
COLLIER COUNTY COMTUNTTY REDEVELOPMENT AGENCY
This Agreement is made and entered into this �t day of �r�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 163.0 1, F.S., the CRA and the AIRPORT
AUTHORITY desire to enter into a joint ente rise for the creation and operation of the Immokalee
Business Development Center (I t a�rt; and
WHEREAS, AMP HORITY lasses th tm lee Airport from the Board of
County Commissioners p t to the s a eme dated ay , 1994, as amended on May 2,
1995, which is set to expi P 2 (t e ' i ); d
WHEREAS, C iris to use properly [ e t W�elirolmlce Regional Airport/Florida
Tradeport, Immolalee, Flo `the Property ") to s ess incubator to assist .start -up
enterprises; and ` 0
.7p, 0.1
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 folio►vs:
1. JOINT ENTERP__1�E: CRA and AIRPORT AUTHORITY agree to create and operate
the Immokalec Business Development Center at the Property as provided herein. The
CRA shall be responsible for the day to day operations of the IntmoWce 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 Pave -1225- I
Packet Page -542-
0
OR 4547 PG 33
12/11 /2012 Item 10.D.
1 �I!
1,314U le- ILCI I I
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 Leese. 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. FLED The CRA shall budget for the operation of the Immokalec Business
Development Center. AIRPORT AUTHORITY shall provide receptionist services and
general insurance for the Immokalee Business Development Center. The respective
contributions of the n tl RT AUTHORITY are contained in the Polcies
and Prcedures �e amended fro it�4t' time.
4. NOTICES: All o e ro TRP T UTHORITY shall be in writing and
deemed d ly s a 'fi mail to AIRPORT AUTHORITY
at the foil �vip
Executive o C')
[liar County Airpo t city
4
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
3 10 Alachua street
Immokalee, FL 34142
5. : 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 shalt terminate May 23, 2025.
2
Packet Page -1226 -
Packet Page -543-
•
12/11/2012 Item 10. D.
11/13/1011 Item 14.6.5.
* ** OR 4547 PG 34 * **
The parties, at their option, may enter into a new Interlocal Agreement upon termination
of this Agreement.
b. TERMiNAT10N: 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, CRA
will pay AIRPORT AUTHORITY for all expenditures inured, 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. ANO- NDMENT5: T }i ly be amended by mutual agreement of the
parties. This �t is not assignable he consent of both parties.
8. This Agree ent Ua�ec°�t1LRtZlublic or s of Collier County.
IN WITNESS bl~;fii't7�. =RT have each respectively, by
authorized person t, hereunder set tais on the date and -year first
above written. -
jE CIC
.�CTTEST:
COMMUNITY REDEVELOPMENT AGENCY
D�YI JJT,& �BRp K, CLERK
Jame letta, chairman
'!1F•� ;pit a�f`
I>i1�til�ir � 8ei'r •
Approved as to form & legal Suificlency
-42 aA
Assistant County Attornev
215201 D PS
COLLIER COUNTY AIRPORT AUTHORITY
.lB'� Byron Meade, Chairman
3
Parkat PaRP -1777- t
Packet Page -544-