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Agenda 03/09/2010 Item #14A Agenda Item No. 14A March 9, 2010 Page 1 of 55 ,- EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners (BCC) acting as the Community Redevelopment Agency (CRA) approve the creation of a business development center at the Airport in Immokalee as a collaboration between the Immokalee CRA and the Collier County Airport Authority; approve the Inter-local Agreement; authorize the expenditure of $100,000 in FY 2010 from CRA Trust Fund 186 as seed money; and authorize all necessary budget amendments. Objective: To create a business development center at the Airport in lmmokalee as a collaboration between the CRA - Immokalee and the Collier County Airport Authority; approve the Inter-local Agreement; authorize the expenditure of $100,000 in FY 2010 from CRA Trust Fund 186 as seed money; and authorize all necessary budget amendments. Considerations: The Collier County Airport Authority leases the Immokalee Airport from the Board of County Commissioners pursuant to the lease agreement dated May 24, 1994, as amended on May 2, 1995, which is set to expire May 23, 2025 (the "Airport Lease"). - The Immokalee CRA desires to use property located at the Immokalee Regional Airport/Florida Tradeport, Immokalee, Florida to establish a business incubator to assist start-up enterprises. At a regular meeting on January 20,2010, the Airport Authority voted to sublease the Property to the CRA to establish a business incubator. The CRA will sublease the Property to qualifying start-up businesses and provide lower cost rental facilities and technical assistance; and 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 at the Immokalee Airport. The CRA and the 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 policies and procedures as contained in the documents attached as "IMM Today, Immokalee Business Development Center." - In accordance with the policies and procedures, the Airport Authority will sublease the Property to the CRA and will comply with the Airport Authority's leasing policies. 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 Page 1 of 3 ,-,...-.-.__._._.,_.._~,~-_." , ~,. - "'" ." __'_'_,_'.,_._,'."U Agenda Item No. 14A March 9, 2010 Page 2 of 55 the Airport Lease except they are exempt from the Airport Leasing Policy of the Airport Authority. The CRA shall budget for the operation of the Immokalee Business Development Center. The Airport Authority shall provide receptionist services and general insurance for the Immokalee Business Development Center. The respective contributions of the CRA and the Airport Authority are contained in the Inter-local Agreement as it may be amended from time to time. A copy of the Inter-Local Agreement is attached. 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. Notwithstanding, this Agreement shall terminate May 23, 2025. The parties, at their option, may enter into a new Inter-local Agreement upon termination of this Agreement. Advisory Committee Recommendation: On October 21, 2009, at a regular meeting of the Immokalee CRA Advisory Committee and the Immokalee Master Plan and Visioning Committee, the committees voted unanimously to support the creation of a business development center in a collaborative partnership between the Collier County Airport Authority and the lmmokalee CRA and to recommend to the CRA approval of $1 00,000 toward the development of the lBDC. Fiscal Impact: It is the intent of the CRA to apply for grant funds to offset expenses connected with starting this venture. Regardless, the CRA is committed to funding this venture as part of regular re-curing operating expenses. Accordingly, it would be appropriate to establish via a FY 2010 budget amendment a new cost center within the Immokalee CRA Trust Fund (186) intended to track and account for business development center revenues and expenses. For FY 2011, appropriations would be budgeted within the cost center and not comingled with other CRA budgeted activities. Growth Management: The Immokalee Business Development Center furthers the programs and projects within the budgetary and policy guidance and 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." "'-, . Page 2 of 3 ,..,_.. Agenda Item No. 14A March 9, 2010 Page 3 of 55 legal Considerations: This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action (JBW). Recommendation: Recommendation that the Board of County Commissioners (BCC) acting as the Community Redevelopment Agency (CRA) approve the creation of a business development center at the Airport in Immokalee as a collaboration between the Immokalee CRA and the Collier County Airport Authority; approve the Inter-local Agreement; authorize the expenditure of $100,000 in FY 2010 from CRA Trust Fund 186 as seed money; and authorize all necessary budget amendments. Prepared Bll: Penny Phillippi, Executive Director, Collier County eRA - Immokalee Attachment: 1) Inter-local Agreement 2) CCAA Resolution 3) IBDC Documents .'"'' Page 3 of 3 - --0- Agenda Item No. 14A March 9, 2010 Page 4 of 55 - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 14A This item to be heard at 1 :00 p.m. Recommendation that the Board of County Commissioners (BCC) acting as the Community Redevelopment Agency (CRA) approve the creation of a business development center at the Airport in Immokalee as a collaboration between the Immokalee CRA and the Collier County Airport Authority; approve the Inter-local Agreement; authorize the expenditure of $100,000 in FY 2010 from CRA Trust Fund 186 as seed money; and authorize all necessary budget amendments. 3/9120109:00:00 AM Meeting Date: Prepared By Penny Phillippi Executive Director, Immokalee eRA Date Immokalee County Immokalee County Redevelopment Redevelopment Agency Agency 2111/20108:58:53 AM Approved By Penny Phillippi Executive Director, Immokalee eRA Date Immokalee County Immokalee County Redevelopment Redevelopment Agency Agency 2/13/201012:14 PM Approved By - OMS Coordinator Date County Manager's Office Office of Management & Budget 2/16/201011:08 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 3/2120102:59 PM - .!':1_./If"'t.\... ____.J_"T'__...\~_____._'_\1~A ~.r_.._1. I> '"lA11>\1 A "'Tnnr'\n"T' "'TT"T'TTr'\nT"T'",T\1 A "'\1 A... ~1__... 1/'"11""0(\1 ^ ~-'--._-' -'-'~--- -"", ,-_.~.-- -- '-"'~-_.~"~'--- Agenda Item No. 14A March 9, 2010 Page 5 of 55 o a Immokalee Business Development Center A Collier County Partnership tt.'~ lIRPo.tJ' ~ .{~ .. ~ ~ ! .. ... ~ Collier Counly Community Rede'lelopmenl Agency IMMOKALEE eRA i The Place to Coif Home! Agenda Item No. 14A March 9, 2010 Page 6 of~ Immokalee Business Development Center IMM Today -- Content by Section Section I Immokalee Business Development Center (IBDC) Proposal Section II IBDC Application Section III IBDC Policies and Procedures Handbook Section IV IBDC Proposed Lease Agreement ,~. -" '----- ,..._._,. _ ,_w___~ --.---- , Agenda Item No. 14A March 9, 2010 Page 7 of~ Immoka/ee Business Development Center IMM Today o a SECTION I Immokalee Business Development Center Proposal " Agenda Item No. 14A March 9, 2010 Page 8 of~ Immokalee Business Development Center IMM Today - Table of Contents Executive Summary. ... ... ... ... '" ... ... .... ... .... ....... .... ,..... _.. .... ....... ....... .... .... ..... ............. ..... Industry Trends in Business Incubation Vision Statement.. _....... ... ... ... .......... ....... ...... ............... .... ... '" ....... .... ... ... .... ...... ....... ...... M,'ss,'on Statement. .......................................,................................................................ Promotional Plans......................................................................................................... Situational Analysis. ..,. _.. ............. ... .... ..... ....... ... ...... ....... .... ...... ... .... ... ... ........ ........ .... Historical background.. ..... ... ... ............ ..... ...... ... ...... ....... .... .......... ... ... ............ ... .... .... Consumer Analysis ...... ................ .... .... .... ...... ...... ....... ........ ..... ........... ... ... .... ........ .... Marketing Objectives. Consumer Objectives Competitive Analysis. ........ ...... .... ... .... ..... ...... ............. .... ....... ... ... .... ...... ................ .... Strategy...................................................................................................................... . Product Strategy.......... ... .............. ... .... ....... .... ............ .... ............ ........ ... ........ ..... ...... Promotional Strategy....... ...... .... .... ... ............ ... ........ .... ..... ... ...... ........................... .... .....................................................................2 ...... ... ... ... ... ........ ........ ...... ...... ........ .... ..... .... ................ ...... ...... ............................................................................................... Budget................................................................................................................. ........... 7 - Immokalee Business Development Center Organizational Chart Job Descriptions... ... ..................... .... ....... ....................... ... .................. ................... .... Immediate Action Items.......... ..................................... ... ................................... ......... Entry Criteria ............................ Tenant Application Procedure Lease Agreement....... Compulsory Services 1. Counseling and Advisory Services 2. Receptionist.............................. .... ............. 3. Common Area Facilities and Equipment. Optional Services......... 1. Clerical Services. 2. "Pooled" Advertising and Marketing. 3. Marketing Individual Business.............................................................. 4. Coordinated Shipping and Receiving, (Le., Federal Express, Airborne and ............................. ... .... .............. ...... ...... ........... .......... ....................... ..... .... .... ... ...................... ... .... .... .......... ............ ... ... .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................ ................ ................................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... ................ ....... ............ ... ....... .... ....................................................... .............................................................................................. ........... ................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................................................. ..............5 UPS)......................................................................................................................... PART III Shared Services and Common Areas ...................................................... ................................................................... ...................................................................... . Introduction............................................................................................................ . Limited Services ......... ... .................... ..... .......... ... ... .... ........................ ...... .............. Photocopier............................................................................................................... . Conference Room........... ... ...... ... .... ... ..... .... ............. ....... ...... ... .......... .......... .... ..... ..... Garbage (Solid Waste) Collection ............................................................................ Fire and Security System .......................................................................................... Mailbox... ............................ ................... .......................... .... .... ... ......... .......... .... .......... Maintenance/janitorial ............................................................................................... Signs........................................................................................................................... ,,-- First Aid Kit. ................................................................................................................ Break Room................... ...... ..... ....... ... ............ ............. ... ....... ............ ..... ..... ..... .......... III .... 1 2 2 3 3 3 3 4 4 4 5 5 6 8 ..9 10 1 1 3 4 4 4 4 5 5 5 5 6 6 6 6 6 6 6 7 7 7 8 8 8 Agenda Item No. 14A March 9, 2010 Page 9 of~ Immokalee Business Development Center IMM Today PART IV.. .._ ... ..... ... ..... ..... .... ..... ....................... ...... ... ................ .....-. .... ....... .... ..... ........ ....9 Administrative Polices........................................................................ ............... ....... 9 Staff................................................................................ ................................ ............. 9 Client's EmployeeNisitors................................................................. .......................9 Business Hours........... ............................................................ ......-............ ....... ..... .... 9 Emergencies......... .._........................................................... ................... .... ........ ......... 9 Thermostats.........................-................................................................ ........ .............9 Animal & Lodging Policy.........................................................................................10 Smoking Policy............................................... ............ ......................................... .... 10 Nuisance Abatement.......................................................................................... ..... 10 Code Compliance. ......................................................... ............................ ............... 10 Zoning................................. ............................................................................... ....... 10 Applicable Laws and Ordinances ........................................................................... 11 Restrooms ....................... ......................................................................................... 11 Parking...................................................................................................................... 11 ............. ............ ................................. ..... ..........11 Industrial Waste .............................. IBDC Staff Access...................... Complaints................................ . 1 1 12 12 Exit Criteria............................................................................................................... 12 .............................................................................. .............................................................................. Payments................................,.......................................................................... ....... IV Agenda Item No. 14A March 9, 2010 Page 10 of~ Immokalee Business Development Center IMM Today - Executive Summary The Immokalee Business Development Center (IBDC) can fulfill a valuable role in Immokalee and eastern Collier County by nurturing new and needed business enterprise. However, there must be agreement on commitment to the purpose of its existence by all parties responsible for IBDC operation. While obviously interested in providing opportunities to entrepreneurs in the Immokalee community, the IBDC also must balance the need to serve that constituency with the necessity of achieving self- sufficiency through, in part, full occupancy and a strong client mix capable of serving the community well. Ample resources are available to meet the technical assistance needs of IBDC clients. Relationships with universities, technical schools, governmental agencies and other entities currently exist and can be further developed for the benefit of IBDC clients. IBDC management can also provide on-site technical assistance to clients on an as needed basis. Costs for providing technical assistance can, in part, be funded from the current lBDC budget, but additional resources need to be pursued via grants available for such purposes in order to maximize technical assistance opportunities for clients. While occupying an excellent location, the current facilities of the lBDC are in need of review for future requirements. The leasable space can be divided into 1,000 square foot bays. Buildings to be used to house bay spaces require cosmetic repairs as well ~. extensive interior repairs that are the responsibility of the IBDC. Further, estimates for cost to meter each bay for electric and water will need to be garnered to determine usage per client. Office space is adequate, but may not be wired to meet demands of high tech enterprise that should be recruitment targets for an incubator facility. - 1 - .'_.__.~- ---"-- -. Agenda Item No. 14A March 9, 2010 Page 11 of~ Immokalee Business Development Center IMM Today Industry Trends in Business Incubation The first known business incubator was started in 1959. More followed, and in 1984 the Small Business Administration began actively promoting the development of business incubators. In 1985 the National Business Incubation Association (NBIA) was organized with 40 founding members and today has grown to a membership of more than 800. According to a recent NBIA survey there are now 550 business incubators in operation housing and assisting development of nearly 8000 business - an average of nearly 15 businesses within each incubator. In addition, approximately 4500 businesses that began in a business incubator have graduated and are now operating on their own - a total that represents 80% of businesses that were started in incubators. Business incubators are operated to, specifically, assist a start up enterprise. Assistance is generally provided n the following areas: . Flexible space and leases. Rental rates are often, initially, at below market rates, but gradually increase over the term of the lease. . Fee based support services. Copier, clerical services, and meeting facilities are made available at minimal cost. . Technical assistance is available from onsite counselors at no charge. Off site TA is made available, and partially or fully underwritten, through channels approved by incubator management. Business incubators are owned and operated by a variety of entities: 51 % by non-profit organizations, either public or private; 27% by universities; 16% as a joint effort of government, non-profit, and private groups; 8% as for profit; and 5% other. The most common types of business using incubators are: light manufacturing, technology; service and new product development (R&D). Limited numbers of construction, sales and marketing, and wholesale enterprises occupy incubator space. And. although the most numerous in terms of overall start up businesses, retailing is generally considered a poor fit for business incubators. Vision Statement The IBDC would create a beehive of activity; a center for entrepreneurial creativity; a centerpiece for the community; a center of learning; and a place for social activity. Mission Statement The IBDe is a learning laboratory for entrepreneurial enterprises. 2 Agenda Item No. 14A March 9. 2010 Page 12 offfi-;-:- Immokalee Business Development Center IMM Today - The IBOC provides reasonably priced rental real estate and services to accommodate the needs of a start up business. In addition, the IBOC provides technical assistance to the entrepreneur so that he or she may realize the full potential of their business enterprise and of themselves as business owners and managers. The IBOC would utilize available space to house incubating businesses in the light manufacturing, service, high tech, and retail sectors. The space must be functional and flexible. Hold IBOC management and staff and IBOC clients to higher standard of performance. Management must deliver on promises of assistance to entrepreneurs such as one-on- one consulting; identification of technical assistance needs and scheduling of appropriate educational opportunities; and maintenance of the facility. Clients must understand the 4-year rule. Clients must be responsive to technical assistance opportunities. Clients must continually refine the plan for their business. Involve the entire community in the effort to find and nurture new enterprises that will serve needs of the community. Promotional Plans Situational Analysis Historical background The Immokalee fund is being established in 2009 as a joint partnership between the Collier County Board of County Commissioners' Airport Authority and the Collier County Community Redevelopment Agency in Immokalee to serve as a business incubator. Consumer Analysis There are multiple consumers to be served by the IBOC. First are individual or groups wishing to start a new business in Immokalee that can utilize the many incentives available to businesses in the Immokalee community. . The 1,333 acre lmmokalee Regional Airport property sits within a State designated Rural Ente~prise Zone. Businesses locating may be eligible for Jobs tax credits, corporate, sales and use tax credits, Sales tax refunds for business machinery, equipment, building materials, and electrical energy used, Property tax credit, and Community contribution tax credit. - The IBOC is also located within a federally designated HUBzone. The Historically Underutilized Businesses Zone (HUBzone) Empowerment 3 _..".A....' ",'_"M' ----- _.,~-, . ...--_... Agenda Item No. 14A March 9, 2010 Page 13 offfi-= Immokalee Business Development Center IMM Today Contracting Program provides federal contracting opportunities for qualified small business within the zone. This program fosters the growth of federal contractors. The Immokalee Regional Airport (IMM) and Florida Tradeport is a designated Foreign Trade Zone (FTZ) offering economic advantage to companies that import and export goods. Land within the FTZ is considered outside of US Customs territory. As a result, duties and taxes are waived when goods enter the zone and/or delayed until the goods are exported out of the FTZ into the U.S. market. The Collier County Board of Commissioners established the Collier County Economic Stimulus Program in 2003 to support economic diversification and induce new, high-wage job creation in Collier County by supporting the expansion of existing businesses and offering incentives to attract new industry. Second are consumers who would benefit from the types of products and services offered by IBOC clients' businesses. Third, the taxpayers of lmmokalee and Collier County who will benefit from the establishment of new enterprise as long-term viable business, that help to empower the community, create jobs and attract private investment, pay taxes, and generally enhance the quality of life possible for all. Marketing Objectives Consumer Objectives The IBOC will provide its clients a well-run facility combined with technical assistance necessary to provide them every opportunity to succeed and grow. The IBOC will serve its target market by ensuring knowledge of its existence throughout the area; describing the opportunities it provides for new enterprises to start up in lower risk environment; coordinating support programs focused on the new business/entrepreneur; and publishing success stories of its client businesses. Competitive Analysis In a recent planning study conducted by Florida Gulf Coast University for the South Florida Regional Planning Council, in the list of recommended actions, the study recommended the following: "Flexible mixed-use incubators with a particular focus should be developed in Charlotte, Collier, Glades, and Hendry Counties. A new incubator should be added every few years to allow for 4 Agenda Item No. 14A March 9, 2010 Page 14 of~ Immokalee Business Development Center IMM Today .- manageable growth and the development of experience and the regional support network. Flexible mixed-use incubators can accommodate technology companies as well as a wide of range of business client companies that meet specific economic development criteria such as diversification, job creation, and higher average wages and incomes. Research has indicated that it is important for rural incubators to tie into an established consulting and mentoring partnership network to compensate for lack of readily available resources.1" An incubator, located at the lmmokalee Regional Airport (IMM), operated by Collier County CRA will serve incubation needs of small manufacturing and other enterprises. The IBOC has a unique opportunity, given its location on Hwy. 29 in lmmokalee, to serve multiple industries with its incubator. Facilities and location are suited to light manufacturing, service, high tech, and retailing enterprises. ^,-^ While there are multiple sources for technical assistance programs crucial to development of IBOC client businesses, none of these sources has a facility to house the business on its own campus. The IBOC will utilize these technical assistance sources to supplement its own program and will not attempt to duplicate existing programs that can be utilized through partnerships with other sources. Strategy Product Strategy The IBOC offers two products to its target audience: (1) lower cost rental facilities and (2) technical assistance. There are ample locations throughout the lmmokalee area where any new enterprise could locate. Many of these locations will cost as much (likely more) as the facilities available at the IBOC. In addition, none of the alternative locations are either prepared, or are interested in providing a comprehensive technical assistance program to the business owner. Specifically, the IBOC offers relatively low cost and flexible space rentals in a desirable location combined with on-site technical assistance. --'-', 1 Southwest Florida Regional Business Incubator Planning Study, 2009 Prepared for: Southwest Florida Regional Planning Council, 1926 Victoria Avenue, Fort Myers, FL 33901; Prepared by: Florida Gulf Coast University, Lutgert College of Business, Regional Economic Research Institute, 10501 FGCU Boulevard South Fort Myers, FL 33965-6565. 5 ~.". , -_.*,._-,,-~, Agenda Item No. 14A March 9, 2010 Page 15 offfi-=-=" Immokalee Business Development Center IMM Today Promotional Strategy The promotional goal will be to introduce, develop and execute a strategy to position the community of Immokalee and the Immokalee Regional Airport (IMM) to the world as a destination, port, playground and business/industrial center through the use of both traditional state, regional, national and international media outlets and the use of new and emerging forms of communication including but not limited to the Internet and various forms of social media. 1. Marketing, public relations and communications will center on the unique overall quality of Immokalee and the Immokalee Regional Airport (IMM) but will necessarily include and promote individual entities and/or attractions as appropriate or useful. The lmmokalee CRA will research and write news stories to highlight events, entities, attractions for use by the media and promotion through web pages and social media. 2. Internet strategies will put to full use the changing and advancing practices for creative and effective communication through the use of search engine optimization and online penetration. 3. Support the IBOC by supporting the Immokalee Regional Airport (IMM) and Immokalee CRA with work that includes the creation of individual media itineraries or interviews; creation and implementation of group destination press familiarization tours and Internet "virtual tours." 4. Create and submit articles to the press outlining activities and success stories. 5. Speak to civic groups about the opportunities available at the IBOC. 6. Make spokespeople, IBOC staff as well as current clients and graduates, available for press interviews to consistently communicate to target groups. 7. Oevelop and distribute an informational/promotional piece describing IBOC mission and entrepreneurial opportunities available through the IBOC. 8. Offer 2 open houses annually at the IBOC facility to include technical assistance partner organizations. 6 Agenda Item No. 14A March 9, 2010 Page 16 of~ Immokalee Business Development Center IMM Today ~.'_' Budget CRA Other Total Director 75,000.00 75,000.00 Rece tionist 37,125.00 A rox. Administrative Assistant 15,000.00 15.000.00 Incubator Consultant .44,000.00 44,000.00 Work Stud Students 18,000.00 18,000.00 Trainin & Technical Assistance 100,000.00 100,000.00 Microente rise Loans 200,000.00 200,000.00 MILEAGE REIMBURSEMENT TRAVEL - PROFESSIONAL CELLULAR TELEPHONE 1,200.00 1,200.00 ELECTRICITY WATER & SEWER RENT BUILDINGS 21,000.00 LEASE EQUIPMENT 2,500.00 2,500.00 Co ler INSURANCE GENERAL 2,000.00 OFFICE EQUIPMENT RM 2,750.00 2,750.00 Furniture Computer .-..,- DATA PROCESSING EQUIP. 4,500.00 4,500.00 S stem OTHER ADS 1,000.00 1,000.00 MARKETING & PROMOTIONS 5,000.00 5,000.00 Marketin OFFICE SUPPLIES GENERAL 750.00 750.00 COPYING CHARGES 1,000.00 1,000.00 COMPUTER SOFTWARE 1,500.00 1,500.00 DUES AND MEMBERSHIP 300.00 300.00 110,500.00 362,000 532,625.00 .- m.__ ...--..._.. Agenda Item No. 14A March 9, 2010 Page 17 of~ Immoka/ee Business Development Center IMM Today Immokalee Business Development Center Organizational Chart Airport Authority Director Collier County BCC/CRA Airport Authority - ,...." ,_. , - '"'';c. " ',',..'0.'. Immokalee CRA Director County Attorney Budget and Finance IBDC Director Staff Assistant (Future Grant Funded Position) '. Receptionist 8 Agenda Item No. 14A March 9, 2010 Page 18 of~ Immokalee Business Development Center IMM Today - Job Descriptions IBDC Director The IBDC Director will provide overall supervision and direction of BCD staff. Serves as property manager for BCD facility ensuring property is maintained in good condition and that client needs are met. The Director will provide consulting services to IBDC clients regarding the planning and operation of their businesses in accordance with lease requirements. Identifies and pursues outside funding opportunities in support of IBDC and its programs. Receptionist The Receptionist will answer the telephone and routes calls. This position is responsible for maintaining building entrance security, meeting and directing visitors, copying, filing and other clerical duties for lBCD staff and clients. CRA/BCC Legal .-. Provide advice on an as needed basis for IBDC related issues. CRA/BCC Budget/Financial Provide consultation on operation and capital budget preparation and monitoring. Facilities Management Collier County Facilities Management performs general maintenance of grounds and buildings; and performs custodial duties on grounds and in buildings. Identify and record information regarding major maintenance items and suggests course of action to correct. Possible Future Grant Funded Position: Staff Assistant The Staff Assistant will provide clerical assistance to IBDC Director. Duties will include word processing, developing spreadsheets, conducting basic research and data compilation. This position will cover for receptionist during breaks, lunch, and at other times. ._. 9 - - ."-~---- Agenda Item No. 14A March 9, 2010 Page 19 of~ Immokalee Business Development Center IMM Today Immediate Action Items 1. Retain experienced Incubator consultant. 2. Provide draft lease for all clients to County Attorney for review and submit to BCC/CRA Board for approval. 3. Erect marquee sign for identification of IBDC, individual clients, and useable for promotional purposes. 4. Develop recruitment target and comprehensive plan to fill existing space. Plan must have both short (6 month) and long-term forecasts of vacancies and client mix requirements. 5. Engage architectural firm to review current facilities and grounds in view of current IBDC needs as well as 3-5 year vision. A comprehensive plan as to feasibility of and costs associated with both short-term needs and 3-5 year vision should be prepared for review and action by CRA Board. 6. Develop realistic and actionable budget for IBDC given agreement on current needs and future direction of IBDC. Submit to BCC/CRA for approval. 7. Create an entrepreneurial resource library within IBDC facility suitable for development of technical skills for IBDC clients and as a reference center for individuals wishing to explore establishment of a new business within Immokalee. 8. Seek Director for the IBDC. 9. Activate regional partnerships. o a 10 Agenda item No. 14A March 9, 2010 Page 20 of~ Immokalee Business Development Center IMM Today .- o a SECTION II ....~., Immokalee Business Development Center Application ,~,. ......-.---.,- -~._--".~-'-.' '-'-' Agenda Item No. 14A March 9, 2010 Page 21 of~ Immoka/ee Business Development Center IMM Today Tenant/Affiliate Application Immokalee Business Development Center Contact Name Company Name Address City State Zip Phone Cell Fax Email What is the current status of your company? Concept only Less than 1 year old More than 1 year old Briefly describe the products and/or services you provide. For a new business: What is your year 1 sales revenue objective? $ 3 year objective: Sales $ Profit $ Profit $ How much startup capital will this business require? $ What is the source of your startup capital requirement? Are you able to confirm availability of startup capital? Yes No How many employees do you/will you have on day 1? How many employees do you anticipate within 3 years? For an existing business: What were sales revenues for the past 12 months? $ Profits $ 1 Agenda Item No. 14A March 9, 2010 Page 22 of;':i5;-;-;- Immoka/ee Business Development Center IMM Today .- Do you have a line of Credit? Yes If "yes", what is the limit available? No $ Does this business have multiple owners? Yes If "yes" how many? No What is the current level of debt carried by this business? $ Do you have a current, written business plan? Yes No Are you willing t share information, confidentially, with the Immokalee Business Development Center (IBDC) on the details of your business to include financial results, tax information, personnel data and other operating information about your business? Yes No As an agency of government the IBDC relies upon its tenants and affiliates willingness to share data regarding their businesses so that programs to assist entrepreneurs may be confirmed as providing a positive impact to the economic health and vitality of the area served. All information is held in strict confidence and is utilized only in an aggregate form. Submitted by Date -- Signature Received by Date Signature - 2 Agenda Item No. 14A March 9, 2010 Page 23 of~ Immoka/ee Business Development Center IMM Today To a IMMOKALEE BUSINESS DEVELOPMENT CENTER SECTION III Policies & Procedures Handbook Receipt of Policies & Procedures Handbook Form MISSION The Immokalee Business Development Center (IBDC) is a learning laboratory for entrepreneurial enterprises. Agenda Item No. 14A March 9, 2010 Page 24 of~ Immokalee Business Development Center IMM Today ,-",-- WELCOME TO THE IMMOKALEE BUSINESS DEVELOPMENT CENTER! PART I .......................... '............................................................................................................ 1 Entry Criteria..................................................................................................".................... ... 1 Tenant Application Procedure ................................................................................................ 1 PART II ............................................................................................."................................ ........ 3 Lease Agreement................................................................................................................... 3 Compulsory Services.............................................................................................................. 4 1. Counseling and Advisory Services.............................................................................. 4 2. Receptionist................................................................................................................ 4 3. Common Area Facilities and Equipment..................................................................... 4 Optional Services .. ... ..... ........... .... .... ... ..... ........... ... ... ... .... ..... ... ..... ..... ............. ..... ..... ... .... ...... 5 1. Clerical Services. ........................................................................................................ 5 2. "Pooled" Advertising and Marketing. ........................................................................... 5 3. Marketing Individual Business. ................................................................................... 5 4. Coordinated Shipping and Receiving, (I.e., Federal Express, Airborne and UPS)....... 5 PART III... ...... ... ...... ....... ... ...... ..... ... .... .... ........ ... ... ..... ............ ... ..... ........ .... ....... ............ .... ... ...... 6 Shared Services and Common Areas..................................................................................... 6 Introduction ........ ........................... ................................. ................................ ..................... 6 Limited Services. ........ .................. .... .................... ......... .............. ................ ........................ 6 Photocopier................................................................................................................... ......... 6 ".~- Conference Room ......... ... ........ ....... ............... ... ... ...... ... .... ..... ........ ..... ...... ..... ..... .......... ..... .... 6 Garbage (Solid Waste) Collection........................................................................................... 6 Fire and Security System.. ..... .............. .................... .............. ......... ..... .............. ........... .......... 7 Mailbox........................................................................................................................ ........... 7 Maintenance/janitorial.......................................................................................................... ... 7 Signs......................................................................................................................................8 First Aid Kit........................................................................................................................... .. 8 Break Room.......................................................................................................................... . 8 PART IV. ............. ... ........ ... ..... ... ... ... .... .......... ........ ... .... ...... ........ ..... ...... ........... ... ..... ........ .......... 9 Administrative Polices ... ........ .......... .... ........... .......... ... ... ........ ...... ........ ...... ..... ............. .......... 9 Staff.......................................................................................................................... .............. 9 Client's EmployeeNisitors ........................... .......... ................. ......... ........ .... ..... ................. ..... 9 Business Hours .......... ... ........ ... .... ... .... ... .................. ........ ..... ........ .......... ...... ...... .... .......... ..... 9 Emergencies............................... ......... ..... ......... ................. .......... ..... ........... .... ...... ....... ........ g Thermostats...........................................................:....................................................... ........ 9 Animal & Lodging Policy ..................:.....................................................................................1 0 Smoking Policy............ ................. ........ .......................................... ........... ...... ..... ............. ....1 0 Nuisance Abatement ........................ ......................:............ .............................................. ....1 0 Code Compliance.............. ..... .......... .......... ...... ...... ................ ........ ...... ..... ........... .......... .......10 Zoning ... ..... ... ........ ... ... ........ ... ....... ... .... ...... ......... ... ....... ........ ........ ....... ...... ..... ... ............. ......10 Applicable Laws and Ordinances...........................................................................................11 Restrooms..................................................................................................................... ........11 Parking....................................................................................................................... .......... .11 Industrial Waste..................................................................................................................... 11 lBDC Staff Access .................................................................................................................11 - Complaints ........... ...... ...... ...... ...... ..... ...... ....... ... ... ... ............ ..... ..... ...... ............ ..... .......... ... ....12 Payments. ............ .... ........ ...... ....... ........ ... ...... ... .... .... .... ... ..... ......... ...... ...... ...... ...... ......... ......12 Exit Criteria................. ... ..... .... ... .... .... ....... ...... .... ... .... .... ... ... ........... ... ... ...... ...... ....... ..... .........12 .._...._..w :-" .. --~_... ..- -....,. Agenda Item No. 14A March 9, 2010 Page 25 of~ Immokalee Business Development Center IMM Today PART I Entry Criteria Prospective Clients are considered for admission to the IBDC without regard to race, sex, age, or disability. All prospective clients are required to complete an application form(s) for admission and to submit a written Business Plan for review by the IBDC Director. After review, the IBDC Director presents prospective clients to the Community Redevelopment Agency (CRA) Board for final approval for admission. Prior to admission to the IBDC, applicants must apply for Certificate of Occupancy and an Occupational License at the Collier County Building Review & Permitting, 2800 North Horseshoe Drive, Naples, FL 34104. The CRA board establishes general lease terms, conditions and rate. The IBDC Director negotiates exact terms and conditions with each client(s). Any special needs of the c1ient(s) will be addressed by the IBDC Director and reviewed by the CRA Board prior to occupancy by the client(s). Following submission of the Business Plan, the IBDC Director will review and determine, in conjunction with the individual(s), an expected date of graduation from the Center. Clients can expect to remain in the Center for a maximum for four (4) years provided they continue to meet the lease terms and conditions. Under no circumstances will a tenant be permitted to move in without a business plan and pre-opening conference with the IBDC Director. Tenant Awlication Procedure All prospective IBDC clients should follow the following application procedures: Step 1 : Applicants completes an admission application to IBDC. Step 2: Applicant submits business plan for review by IBDC Director. Step 3: Applicant applies for Certificate of Occupancy and Occupational License. Step 4: Applicant submits copies of all necessary permit(s), license(s) certificate(s) of insurance, workers compensation, tax returns and other requested documentation to the IBDC Staff. Before a Certificate of Occupancy and/or Occupational License is issued by the Collier County Building Review & Permitting, the prospective "lease space" must be in compliance with county building code requirements. 1 Agenda Item No. 14A March 9, 2010 Page 26 of=-= Immokalee Business Development Center IMM Today ",.~ In order for an applicant(s) to begin the necessary work to bring the "lease space" into compliance, a deposit may be required from the clients. IBDC Director will determine the amount of the deposit used on a case-by-case basis and prior to any alteration to the "lease space". This deposit must be submitted to the Immokalee CRA. Step 5: Step 6: IBDC Director review Admission Application and Plans. Admission determination is given to the prospective applicants by the IBDC Director. Step 7: Applicants for entry who are accepted by the IBDC will need to make payment(s) of the first and last month's rental (includes space rental and state tax). A deposit equal to one month's rental (excluding state tax) is required at the same time as the first and last month's rent. If any part of these payments were prior to this step, the amount will apply to the outstanding balance as agreed upon by the client and IBDC Director. Step 8: A lease is prepared and signed between the applicant(s) and CRA Chair. Original signed lease is maintained in IBDC files. Step 9: Copies of Certificate of Occupancy and/or Business Tax Receipt are given to IBDC staff. -- Step 10: Client meets with lBDC Director for pre-opening conference then moves into "lease space" to start business venture. Step 11 : Client must file a Certificate of Insurance with the IBDC Director within thirty (30) days after lease is signed. -'-" 2 --.-,.- ,,"" " _.~,.-.. , _.-~_..._._- Agenda Item No. 14A March 9, 2010 Page 27 of~ Immokalee Business Development Center IMM Today PART II Lease Agreement All leases, regardless of terms, are reviewed within 45 days of termination date. Upon admission to the IBDC, the c1ient(s) shall conform to the conditions as set forth in the Standard Lease Agreement. The monthly rental amount will include sales tax and will be considered delinquent if not paid by the yth day of each month, and then a late fee of $25.00 dollars will be added to every outstanding invoice or as noted in the lease agreement. If payment for a specific month has not been received within thirty (30) days of due date, eviction procedures will be set in motion. On the renewal date, client's annual lease rate may be reviewed and determined based on their Profit and Loss Statement. The Profit and Loss information must be submitted to the IBDC Director quarterly - 4/1.7/1,10/1, and 1/1. Leasehold improvements are the responsibility of the c1ients(s). Any leasehold improvements made by the c1ient(s) will be taxable, and treated as the client's personal property. When the client's occupancy at the IBDC ends, any leasehold improvements made by the client may be required by the IBDC Director to be removed in which event, the client must restore the premises to the original condition. The property must be restored to its original condition within ten (10) days of end of occupancy or client must pay the cost of having property restored. Any leasehold improvements left on the site more than ten (10) days after client's occupancy ends becomes the property of the lBDC. Clients shall provide Worker's Compensation for all employees. The coverage shall be in compliance with all State and Federal regulations, which apply to the operations of the client. If the business is exempt from Workman's Compensation, client must supply and Exemption Certificate to the IBDC staff, and/or call the Florida Department of Labor and Employment Security. The policy must include Employer's Liability with a minimum limit of $1.000,000 dollars per occurrence. . Client shall provide Comprehensive General Liability Coveraqe with minimum limits of $1,000.000 dollars per occurrence and a minimum of $1,000.000 dollars aqgreqate of General Liability Insurance. Combined single limit for bodily injury liability and property damage liability including premises and operations. The Collier County Board of County Commissioners, the Collier County CRA, the Collier County Airport Authority and the IDBC shall be listed as additional insured on the comprehensive qeneral liabilitv coveraq~ Current valid policies meeting the requirements herein indentified shall be maintained during the duration of the named lease. The insurance certificate must state that Contractual Liability is included as part of your insurance. Clients in auto related businesses; liability must be listed on the certificate under the Garaqe Liabilitv section. 3 Agenda Item No. 14A March 9, 2010 Page 28 of~ Immokalee Business Development Center IMM Today .-" Certificates of Insurance shall be filed with the IBDC Director. Renewal certificates shall be forwarded to the IBDC Director at least thirty (30) days prior to any expiration date. There shall also be a thirty (30) day notification to the IBDC Director in the event of cancellation or modification of any stipulated insurance coverage. If client does not keep insurance in full force and effect, the IBDC may purchase the necessary coverage and client must repay this amount, plus interest to the IBDC. It is specifically acknowledged and agreed by the client that while enrolled in the program, the IBDC staff may make technical assistance suggestions regarding the operation of the client's business, but client will make the final decision as to whether or not to accept such suggestions. Nothing contained in the lease or in any other document between the client and the lBDC shall be construed as creating an agency or partnership between the client(s) and the IBDC. Compulsory Services 1. Counseling and Advisory Services - The client is obligated to allow the lBDC Director to enter the firm's premises to review and inspect its books and records for the purpose of monitoring performance and on-going viability of the IBDC business. A mandatory quarterly meeting to review all aspects of business performance; including books will be scheduled by the IBDC Director. Failure of client to comply will result in 5% rent increase effective the following month. 2. Receptionist Front office receptionist services will be provided for clients during regular working hours; 7:30 a.m. - 4:30 p.m. Monday thru Friday. 3. Common Area Facilities and ECI!!!pment The clients will have use or access to the following: (1) Conference Rooms (seating 6-10 persons) (2) Photo Copier (there is a charge for copies, please see IBDC staff for current rates). (3) ParkinQJ2.pace (ample space is available for clients, employee, and visitor's automobiles). (4) Common Area maintenance of utilities, lighting, security gates, and fencing is included in the client's monthly rent, however an additional charge may be added to the monthly rent if above normal maintenance is required. - 4 Agenda Item No. 14A March 9, 2010 Page 29 of~ Immokalee Business Development Center IMM Today Qptional Services The IBOC staff will assist the client(s) in retaining the following "optional services". 1. Clerical Services. Clients may select the following services; filing, photocopying, handling income mail, work processing, typing and accounting. 2. "Pooled" AdvertisinQ and Marketinq. 3. MarketinQ Individual Business. 4. Coordinated ShiQj)inQ and Receivinq, (i.e., Federal Express, Airborne and UPS). 5 Agenda Item No. 14A March 9, 2010 Page 30 of~ Immokalee Business Development Center IMM Today .- PART III Shared Services and Common Areas Introduction Shared services are offered at the IBDC. The IBDC offers these services in response to the needs of the clients. As additional needs arise, consideration will be given to adding these requested services to the overall package. Limited Services 1. Parking Space 2. "Shared" Reception Service 3. Custodial Service 4. Conference Room Facilities 5. Seminars 6. Sewer/Solid Waste Pick-up (as set forth in Lease Agreement) 7. Break Room Photocopier -- The photocopier has automatic feed, the capability to copy, enlarge, reduce and sort. The charge for copies varies (see a IBDC staff member). The IBDC staff tracks copier usage. Only IBDC staff can change the copier toner, make adjustments to the copier, or call for copier repair service. Conference Room The conference room is provided for c1ient(s) convenience as part of the basic rental. Meetings must be scheduled with the IBDC Receptionist in advance. The conference areas are provided for the use of all clients. We urge clients to be considerate in establishing meeting times and dates. Garba~(Solid Waste) Collection A large dumpster is located on the IBDC campus. This dumpster is picked-up twice weekly. The following items SHOULD NOT BE PLACED IN THE DUMPSTER: car parts, tires, cement debris, household white qoods (old .9Qpliances) horticultural debris. paint. oil, chemicals, batteries and construction debris. Clients who have special disposal requirements must make their own arranqements and absorb the cost for their solid waste disposal. - 6 Agenda Item No. 14A March 9, 2010 Page 31 of~ Immokalee Business Development Center IMM Today Fire and Security System The IBDC has a fire alarm system that is monitored by the Immokalee Fire Department. Any client requiring an individual system should contact the IBDC Director to coordinate installation of the individual system. Please notify the IBDC staff of any emergency situation. After hours: please contact one of the following @9ardless of the time or day or night. Tenants are required to provide emergency telephone contact #'s and to update as necessary. Police (911) Emergency Collier County Sheriff's Department (non-emergency) 239.657.6168 Immokalee Fire Department (non-emergency) 239.657.2111 IBDC staff should also be notified in the event of any problems in the buildinQ, (I.e., power failure, plumbinQ.problems, unsecured doors or windows, etc. Mailbox Client's mailboxes are located in the main lobby at 165 Airpark Boulevard, Immokalee, FL 34142. The mail usually arrives by mid-afternoon, Monday through Saturday. Federal Express, UPS provide daily pick-up and delivery service) see a IBDC staff member for details regarding times and procedures). It is important that clients utilize the name of the "Immokalee Business Development Center" in correspondence and stationary in the event someone is trying to locate a client, they will recognize that the business is located in the Center. Maintenance/janitorial Every effort is made to keep the Immokalee Business Development Center in a clean and pleasant condition. "PLEASE", we need your help to do this. Offices are cleaned at least twice a week. The cost of this cleaning service is included in the rent. Clients are expected to assist in keeping their own areas clean. Please help us keep the offices and bay areas clean and in good repair, Clients should report all malfunctioning equipment and hazardous conditions to IBDC staff. If you spill anything PLEASE CLEAN IT UP IMMEDIATELY, or contact the office for additional cleaning assistance. ALL AREAS ARE TO BE KEPT NEAT AND CLEAN. 7 Agenda Item No. 14A March 9, 2010 Page 32 of~ Immoka/ee Business Development Center IMM Today ,~-, Hallway and exits are to be kept clear at all times. DO NOT store equipment or materials in hallways. The IBDC in a Non-Smoking Facility. Signs No signs, exterior or interior, are to be posted without prior approval from the IBDC, Immokalee CRA and the Collier County Transportation Department. First Aid Kit A first aid kit is located in the Center's reception area for use whenever necessary. There is no charge for the use of the supplies; however, we do ask that a client inform the IBDC staff when an item is used so we can restock it. All injuries shouid be reported to the lBDC staff. Break Room .--. All eating must be contained to break room or outside break areas. A microwave oven and refrigerator are available in office area break room. Please keep the microwave and refriQerator clean. Clients are requested to label personal items to prevent "mix-up". Keys/Code~ The IBDC is constantly upgrading equipment and security. Keys are currently used for client's access to individual suite(s) and bay(s) and gates. .- 8 ... '.~."- Agenda Item No. 14A March 9, 2010 Page 33 of;5fr-;-;- Immokalee Business Development Center IMM Today PART IV Administrative Polices The Community Redevelopment Agency has the authority to establish the annual budget for the IBDC and also the lease rate for IBDC clients. The IBDC has applied to be a member of the National Business Incubation Association and the Florida Business Incubation Association. Staff Staff for the IBDC consists of a Director, Receptionist, and maintenance personnel. Client's EmploveeNisitors To ensure that the lBDC provides the best possible receptionist service, please be certain to inform IBDC staff when any new employees are hired. The IBDC periodically receives mail and telephone calls for individuals that are unknown to IBDC staff (only to discover they are newly hired employee of clients). Business Hours The normal business hours for the IBDC are 7:30 a.m. to 4:30 p.m., Monday through Friday. Clients entering and exiting the IBDC outside the normal business hours are responsible for securing the building and gates. Any damage to the facility as a result of a client's employee or client's visitor leaving the facility unsecured will be responsibility of the client. Emergencies Emergencies should be reported to the Collier County Sheriff/E.M.S., and the Immokalee Fire Department by dialing 911. Fire Extinguishers and alarms are located throughout the IBDC. Clients are encouraged to become familiar with the location and operation of extinguishers and alarms. Non-life threatening emergencies should be reported to IBDC staff. Thermostats Clients are requested to contact the IBDC staff if concerns arise regarding the temperature or air circulation within the IBDC. Clients should not attempt to regulate or change thermostats or environmental equipment without assistance form IBDC staff or Facilities Maintenance personnel. 9 Agenda Item No. 14A March 9, 2010 Page 34 of~ Immokalee Business Development Center IMM Today -, Animal & Lodqing Polic'l No animals (with re exception of a "seeing eve" doq) or birds of any kind can be brought into or kept on the leased premises or anywhere else in the Center Lodging at the Center is absolutelv prohibited. Smokinq POlic'l Clients and guests are not allowed to smoke on the IBDC property. Nuisance Abatement ,,'- No client shall make or permit to be made, any unseemly or disturbing noises that annoy or interfere with other clients or occupants of the building. Further, no client shall make or permit to be made, any unseemly or disturbing noises that annoy or interfere with neighboring buildings, or with those having business with them, whether by the use of any musical instrument, radio, stereo, whistling, singing, or any other way. No client shall cause or permit to be caused any unusual or objectionable odors to be produced upon or permeate from their leased premises, No client shall throw or allow anything to be thrown on the floors, out the windows, or down the corridors, Nothing can be placed on the outside window ledges of the leased premises. Code Compliance It is the client's responsibility to make certain that all occupancy, building and fire codes in force for Collier County are adhered to in the maintenance of the leased premises. All flammable, combustible or explosive fluid, chemical or substance used, brought to or kept on the premises shall be maintained in such facilities and used in the manner approved by the Immokalee Fire Department Any violations of County Codes and/or the failure by clients to obtain and maintain permits, licenses, etc. will be grounds for immediate eviction from the IBDC. Zoning . The IBDC zoned airport industrial. While this allows many uses, some uses may be inappropriate. Please consult with the IBDC staff if unsure about the appropriateness of a particular activity you have planned in the Center. - 10 ._~--~ Agenda Item No. 14A March 9, 2010 Page 35 of~ Immokalee Business Development Center IMM Today wlicable Laws and Ordinances All clients, their employees, agents, customers, and invitees are required to comply with all applicable laws and ordinances, with respect to their leased premises and the common areas, including, but not limited to all health and safety laws/ordinances. The client will hold Collier County, the CRA, the Airport Authority and the IBOC harmless from all fines, penalties or other loss incurred for any violation of or non-compliance with such applicable laws and ordinances. No client will permit any portion of its leased premises to be used for the storage, manufacture, sale. or distribution of liquor, narcotics, or any other controlled substance, or for any immoral or illegal purpose. Restrooms Restrooms facilities and other plumbing fixtures will be used only for the purpose for which they were constructed. Absolutely now sweeping, rubbish, rags, or other substances shall be disposed of in these facilities or fixtures. The cost of repair of any damage occurring as a result of the misuse of plumbing fixtures shall be borne by the responsible client. Parking, Adequate parking is provided for all clients, their employees and visitors. Do not park in spaces that have designated signs such as fire zones, handicaQPed .2paces. or block entrances or exits. In the event a client has "car trouble" in the parking lot, the IBOC staff is to be contacted immediately and will try to assist you or help you to obtain assistance. Unlicensed vehicles will be immediately towed at the owner's expense. Industrial Waste Waste from manufactured products or supplies used in the manufacture or modification of products will be removed from the premises and disposed of at the client's expense. The dumping of toxic or other unsuitable materials into the Immokalee sewage system is strictly prohibited. . IBOC Staff Access The IBOC will have a Master key to each suite/bay at the IBOC. No client should alter or replace any lock to the client's leased premises without the prior consent of the IBOC Director. Clients must provide the IBOC with a new key if any of their locks are altered or replaced. IBOC staff has the riQht to enter leased premises at all reasonable hours for the purpose of examininQ, makinq repairs or showinq area to prospective clients! s ). 11 Agenda Item No. 14A March 9. 2010 Page 36 of~ Immokalee Business Development Center IMM Today -. Complaints The IBDC staff strives to provide superior service to the clients and affiliates. If you do not think we are "living up to the commitment", or if you have suggestion for a better way of providing existing services or a suggestion for a new service, please let us know, We ask that clients make constructive criticisms and be as specific as possible with regards to any problems. Deposits for payment of rent are payable to the Collier County Clerk of Court. Payments Mailing Address: Collier County Clerk of Courts 3301 E, Tamiami Trail Naples, FI 34112 Checks and money orders must be payable to: "Collier County Clerk of Courts". Please do not send cash throuqh the mail. If payments are mailed, a receipt will be mailed back only of a self-addressed, stamped envelope is included when mailinq in payments, otherwise the cancelled check will be the receipt. - Exit Criteria The business graduation under normal circumstances will be after four (4) year period. However, businesses may be evaluated on a case-base-case basis. A recommendation made by the IBDC Director, with the CRA Board's approval, may allow a client to stay beyond the incubation period, with an extended lease or require client to leave the IBDC earlier than the four (4) years. .,.'"h 12 .....- . ~ -'-~"''-'-'''- Agenda Item No. 14A March 9, 2010 Page 37 offfi-::-;- Immoka/ee Business Development Center IMM Today To a I have received a copy of the Immokalee Business Development Center Policies and Procedures Handbook. (Revised 02/10) Name Date Business Name 13 Agenda Item No. 14A March 9, 2010 Page 38 of~ Immokalee Business Development Center IMM Today .-- o a SECTION IV ".~- Immokalee Business Development Center Proposed Lease Agreement New Tenant Checklist Form Authorized Signature for Office/Bay Keys Form ~~~'- Agenda Item No. 14A March 9, 2010 Page 39 of~ Immokalee Business Development Center IMM Today IMMOKALEE BUSINESS DEVELOPMENT CENTER LEASE AGREEMENT THIS LEASE AGREEMENT (the "LEASE") is made and entered into as of this _ day of. , 20_, between the Immokalee Community Redevelopment Agency, an agency of the Collier County Community Redevelopment Agency (CRA), a political subdivision of the State of Florida, (hereinafter called LESSEE). WITNESSETH WHEREAS, the CRA is the LESSEE of the premises described herein from the Collier County Airport Authority, LESSOR. WHEREAS, the CRA operates the premises described herein as the Immokalee Business Development Center (IBDC). WHEREAS, the IBDC offers subsidized rents and technical assistance to help promote and establish economic development within the Immokalee Urban Designated Area. NOW, THEREFORE, for and in consideration of the premises hereof, the sums of money to be paid hereunder, and the mutual reciprocal obligations undertaken herein, the parties do hereby covenant, stipulate and agree as follows: 1. Description of Leased Premises. LESSOR hereby does LEASE to LESSEE, the following described premises located in the lBDC: Immokalee, FL 34142 Spacers) Bay Number(s): r 1 2. Term. The term of this LEASE shall be for a period of ~ Months beginning this 1st day of . 200_, and ending the day of , 20 ,or on such earlier time and date as the LEASE may terminate as provided in this lease, except that, if an such date falls on a Sunday or a holiday, then this LEASE shall end at 12 noon on the next business day preceding the above-mentioned date. 3. Rent. The agreed rental rate is a base rate of $ per month, additional rent for utilities. if any. as required by Section 6 of the LEASE. in the amount of $ and 6% sales tax of $ , for a total monthly rental rate of $ . Rent is due no later than the 7th day of every month. Failure to make payment of rent by that time shall result in a late fee of $25.00 (twenty-five dollars). Payments are to be made directly to the Collier County Clerk of Courts, 2671 Airport Road South, Naples, Florida 34112. No Payment funds are to be given to any IBDC employee, CRA employee or Airport Authority employee. 4. Rental Deposit. The LESSEE has deposited first and last month's rent including tax, totaling $ to the LESSOR. The Rental Deposit is an advanced rental deposit reserved to apply to that portion of Rent payment owed under the LEASE. The last month's Rental Deposit shall be applied to last month's Rent due under the LEASE if LEASE is not renewed or is terminated. 1 of 11 Agenda Item No. 14A March 9, 2010 Page 40 of~ Immokalee Business Development Center IMM Today ,,"~ 5. Security Deposit. The LESSEE is further required to deposit with the LESSOR a Security Deposit in the amount of one month's rent (without tax) in the amount of $ . The LESSOR has/has not exercised the option of dividing the security deposit into four (4) equal payments of $ to be due concurrently with the rent. The Security Deposit shall be held by LESSOR, without liability for interest, as security for the faithful performances by LESSEE of all of the terms, covenants, and conditions of this LEASE by said LESSEE to be kept and performed during the term hereof, it being expressly agreed that such deposit is not an advance rental deposit or a measure of LESSOR'S damages. If, at any time during the term of this LEASE, any of the Rent herein reserved shall be overdue and unpaid, or any other sum payable by LESSEE to LESSOR hereunder shall be overdue and unpaid, then LESSOR may, at the option of LESSOR, appropriate and apply any portion of the Security Deposit to the payment of any such overdue Rent or another sum. In the event of the failure of LESSEE to keep and perform any of the terms, covenants and conditions of their LEASE to be kept and performed by LESSEE, then LESSOR at its option may appropriate and apply the entire Security Deposit, or so much thereof as may be necessary, to compensate LESSOR due to such breach on the part of for loss or damage sustained or suffered by LESSOR due to such breach on the part of LEESEE. Should LESSEE comply with all of said terms, covenants and conditions and promptly pay all of the Rent herein provided for as it falls due, and all other sums payable by LESSEE at the end of the term of this LEASE, the Security Deposit shall be returned in full to LESSEE at the end of the term of this LEASE, or upon the earlier termination of this LEASE. .-. 6. Utilities. LESSEE shall be solely responsible for and promptly pay all utility charges including but not limited to heat, water, sewer, gas, or any other utility used, or consumed in the Lease Premises. The responsibility for utility charges includes installing any appropriate meter for any such utility on each leased unit, if there are currently none existing. Should LESSOR eiect to supply the water, sewer, gas, heat, electricity or any other utility used or consumed in the Leased Premises, LESSEE agrees to pay as additional rent for the same at the pro-rata cost incurred by the LESSOR. In no event shall LESSOR be liable for an interruption or failure in the supply of any such utilities to the Leased Premises. 7. Use and Occupanc\/:. LESSEE shall use and occupy the as and for no other purpose. LESSOR represents that the premises may lawfully be used for such purpose. 8. Qption to Renew. Provided the LESSEE is not in default under the LEASE, there is one option to renew this lease for a period of two years. Exercise of renewal option shall be done at 5% increase above existing base rent. LESSEE shall notify LESSOR in writing 90 days prior to the expiration of this LEASE of LESSEE's desire to exercise the option to execute a new lease. No LESSEE who has been a tenant for more than three years prior to the expiration of this LEASE shall be permitted to execute a new LEASE without approval from the IBDC Manager and CRA Board. 9. Policies, Procedures, Rules, and Regulations. IBDC policies, procedures, rules, and regulations are hereby made a part of this LEASE. LEASE agrees to abide with and observe all policies, procedures, rules and regulations, amendments thereto and supplements thereof. LESSOR's failure to keep and observe said policies, procedures, rules, and regulations shall constitute a breach of the terms of this _. 2 of 11 Agenda Item No. 14A March 9, 2010 Page 41 of~ Immokalee Business Development Center IMM Today LEASE and subject the LEASE to termination in the manner as if the same were contained herein as covenants, or entitle LESSOR to increase the rent upon recommendation of IBDC Director and approval by CRA Board. LESSOR reserves the right from time to time to amend or supplement said policies, procedures, rules, regulations and to adopt and promulgate additional policies, procedures, rules regulation applicable to the Leased Premises and the IBOC. Notice of such additional policies, procedures, rules, regulations and amendments and supplements, if any shall be given to LESSEE. 10. Prohibited Activities. As a condition of leasing space at the IBOC, the tenant understands and agrees that the sale and distribution of any alcoholic beverage or illegal drug by him or herself and/or any of their employees is not permitted upon the leased premises this prohibition applies to any and all business entities operation as tenants of the lBOC, to any employee of an IBOC tenant, or any other individual upon the individual upon the grounds of the IBOC. Any tenant found to be selling or distributing alcoholic beverages or illegal drugs or whose employees are found to be doing so will have his/her/their lease terminated and shall be immediately evicted from the IBOC. 11. ContinuinR Education. LESSEE is required to complete 12 hours of continuing education per year. IBOC Director will establish catalog of approved courses from which LESSEE may select. LESSEE is responsible to provide proof of completion in order to receive credit. Failure to complete requirement entitles LESSOR to increase rental rates upon recommendation of IBOC Manager and approval of CRA Board or to treat the failure to complete the continuing education as an event of default under 13c of the LEASE. 12. !Jnprovements. It is mutually agreed by and between the parties hereto, and a part of the consideration of the LEASE, that any and all building or other improvements placed on properly by the LESSEE shall be taxable to the LESSEE and treated as personal properly and must be removed by the LESSEE after any termination of this LEASE, and the LESSEE shall restore said property to the condition in which it was prior to its being improved or pay the cost of such restoration. Upon failure of the LESSEE to remove said building or improvements at the time the tenant vacates the property after any termination or, in case of any abandonment, or any building or improvements left on the said land shall then become the property of the LESSOR and LESSEE shall bear the cost of demolition or removal of such improvements and of restoration of such premises to the condition in which they were prior to their being improved. It is further mutually agreed between the parties hereto that the LESSEE will hold the LESSOR harmless because of a tax legally levied or assessed against the property herein leased and/or any buildings or improvements thereon. LESSOR covenants that it has good right and title to these premises and the LESSEE shall have the peaceable enjoyment of the same. 13. Care and Repair of Premises. LESSEE shall not commit or suffer to be to be committed any waste upon the Leased Premises or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant n the IBOC. LESSEE shall take good care of the premises and the fixtures and appurtenances on it, and shall, in the use and occupancy of the premises, conform to all laws, orders, and regulations of the federal, state, and municipal governments or any of their departments. All 3 of 11 Agenda Item No. 14A March 9, 2010 Page 42 offfi-;-;;- Immokalee Business Development Center IMM Today improvements made by LESSEE to the premises which are so attached to the premises that they cannot be removed without material injury to the premises, shall become the property of the LESSOR upon installation. --*', Default. Events of Default: Each of the following events shall be an Event of Default hereunder by LESSEE and shall constitute a breach of the LEASE: 14. (a) If LESSEE shall fail to pay within three (3) days after written notice, any Rent or portion thereof, or any other sum due to the LESSOR from LESSEE hereunder. (b) If LESSEE shall be delinquent in the payment of rent more than three times in a twelve-month period. (c) ,.~. If LEESSE shall violate or fail to comply with or perform any other term, provision, covenant, agreement, or condition to be preformed or observed by LESSEE under this LEASE, and such violation or failure shall continue for a period of thirty (30) days after written notice thereof form LESSOR. However, if such default cannot be reasonably cured within such thirty (30) day period, and the LESSEE has promptly commenced to cure such default and thereafter diligently proceeds with continuity to completion, there shall not be a default. Notwithstanding the foregoing, the failure of the LESSEE to correct and breaches affecting the health, safety, or welfare of persons in or about the premises or the failure to timely procure or provide evidence to the LESSOR of the insurance coverage as required herein, immediately upon receipt of notice from the LESSOR, shall constitute a default hereunder. (d) If any assignment, transfer, sublease or encumbrance shall be made or deemed to be made that is a violation of the provisions of this LEASE. 15. Remedies on Default. IF any of the Events of Default listed above shall occur, LESSOR, at any time thereafter, shall have and may exercise any of the following rights and remedies: (a) Declare after demand the LESSEE a tenant at sufferance and recover double the amount of rent double the amount due on the leased property, or any part thereof, for which the LESSEE refuses to surrender possession; (b) Institute an action or actions to enforce this LEASE; (c) Take possession of the lease premises, together with the fixtures contained and the equipment (and use or replace the same during the term of this LEASE by sale or trade) without thereby termination this LEASE, and on behalf of the LESSEE re-Iet the same or any part thereof for a term shorter, longer or equal to the un-expired remainder of their term of this LEASE by notice sent to LESSEE and receive from LESSEE damages including, but not limited to, reasonable attorney's fees incurred by LESSOR; (d) - 4 of 11 '---~ Terminate this LEASE by notice to LESSEE, re-enter the leased premises and recover damages, including but not limited to costs of possessing, re-Ietting, attorney's fees, and brokerage commissions for services performed by LESSOR or by other; or _.._..... ',,,"" _M.._ _ ___ ,_~'...- --~-~~ Agenda Item No. 14A March 9, 2010 Page 43 of~ Immokalee Business Development Center IMM Today (e) Exercise any other remedy allowed by law or equity, including acceleration of rental payments remaining for the balance of the term of this LEASE. (f) No remedy herein conferred upon LESSOR shall be exclusive of any other remedy, but the same shall be cumulative and in addition to every other remedy provided by law or equity or provided elsewhere herein. (g) In addition to any other lien conferred on LESSOR by law, LESSEE grants to LESSOR a security interest in the personal property of LESSEE brought onto the premises, to secure payment of the rent and performance by LESSEE of all covenants of LESSEE under this LEASE. (h) On demand of LESSOR, LESSEE must execute and deliver financing statements and do all things for the creation and perfection of LESSOR's security interest as may be required under the Uniform Commercial Code. (i) This lien may be enforced in the manner provided for enforcement of security interest under the Uniform Commercial Code. 16. AssiQnment. LESSEE will not assign or mortgage its leasehold interest hereunder, or sublet the Premises without the written consent of the LESSOR. 17. Maintenance. LESSOR shall keep the foundation, exterior walls, roof, and buried conduits of the Premises in good repair. except that the LESSOR shall not be called on to make an such repairs occasioned by the negligence of the LESSEE. its agents, express or implied invitees, or employees. LESSEE shall keep the inside of said Premises and the exterior doors, its pro-rata share of the parking area. exterior and interior windows, and window frames in good order, condition, and repair, and shall also keep the Premises in clean, sanitary, and safe condition. The LESSEE shall be responsible for providing all light bulbs used on the premises. 18. RJght of Immediate Termination. Should LESSEE be adjudged bankrupt or voluntarily institute bankruptcy, debtor or receivership proceedings or corporate reorganization proceedings pursuant to the Bankruptcy Act, or make assignment for the benefit of creditors. or should a writ of execution be levied upon the interest of LESSEE hereunder and such writ not be discharged or be otherwise satisfied by bond or other guarantee within thirty (30) days thereafter, this LEASE shall at the option of the LESSOR immediately cease and terminate and shall thereafter in no way be treated as an asset of LESSEE, and LESSOR shall thereupon have the right to forthwith enter and repossess said premises and the furnishings, fixtures, and equipment therein. 19. SiQns. The LESSEE shall not place or maintain or permit to be placed or maintained any signs for advertising of any kind whatsoever, or awnings, on the exterior of the building or on any exterior window in the building or elsewhere within the Premises so as to be visible from the exterior of the building, except as may be approved and permitted in writing by the LESSOR. 20. Hold Harmless. LESSEE shall hold LESSOR harmless from and against any and all liability, action, claims and damages arising after the commencement of the term of this LEASE which may be imposed upon or incurred by or asserted against LESOR by 5 of 11 ,---, 21. - 22. -- 6 of 11 Agenda Item No. 14A March 9, 2010 Page 44 of~ Immoka/ee Business Development Center IMM Today reason of any accident, injury or death of any person or any damage to any property occurring on or about the leased premises or any part thereof. LESSEE shall have the right to contest the validity of any and all such claims and defend, settle and compromise and all such claims of any kind or character and by whomsoever claimed, as LESSEE may deem necessary, provided that the expense thereof shall be paid by LESSEE. Notwithstanding any of the above, LESSEE shall not in any way be liable to or hold harmless LESSOR for LESSOR's own negligent acts. Indemnification. The LESSEE specificaily covenants and agrees that it will indemnify the LESSOR and save it harmless from and against any and ail losses, liabilities, obligations, expenses, damages, injunctions, suits, actions, fines, penalties, claims, demands, loss and expenses of every kind or nature, including reasonable attorney's fees and court costs, incurred by the LESSOR, arising directly or indirectly from or out of: (a) any failure by LESSEE to perform any of the terms, provisions, covenant or conditions of this LEASE on LESSEE's part to be performed; (b) any accident, injury or damage which shall happen at, in or upon the leased Premises, however occurring; (c) any matter or thing growing out of the condition, occupation, maintenance, alteration, repair, use or operation by any person of the Leased Premises, or any part thereof, or the operation of the business contemplated by this LEASE to be conducted thereon; (d) any failure of LESSEE to comply with any laws, ordinances, requirements, orders, directions, rules or regulations of any governmental authority; or (e) any other act or omission of LESSEE, its employees, agents, invitees, customers, licensees or contractors. Insurance. INSURANCE REQUIREMENTS - COMMERCIAL LEASES; The LEASEE, at its sole expense, shall procure and maintain in full force and effect continuously during the term of this LEASE the following kinds of insurance and with coverage in amounts not less than stated below. Said insurance shall be placed with a qualified insurance company, licensed to engage in the insurance business in the State of Florida, and acceptable to the LESSOR. Said policies shail include the Collier County Board of County Commissioners, Collier County CRA, Collier County Airport Authority and IBOC, as additional insured and waiving subrogation rights against the LESSOR, and including as the insured parties there under the LESSOR and the LESSEE as their interests may appear. (a) Comprehensive General Liability Coverage in the amount of $1,000,000 Per Occurrence. $1,000,000 Aggregate, Combined Single Limit, or a $1,000,000 Umbrella Liability Policy for a total of $1,000,000 General Liability Coverage, Per Occurrence. (b) Fire Legal Liability Coverage of not less than $250,000. (c) Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable State and Federal Laws. Current valid policies meeting the requirements herein identified shail be maintained during the duration of the named lease. Original certifications of insurance containing ail appropriate information as hereinafter set forth shall be filed with the IBOC, as agent for the LESSOR, by the LESSEE prior to taking possession of the premises. Any delay by the LESSEE in filing such certificates of insurance shall not relieve the LESSEE's of any obligations under this LEASE. __~"_m.'. --~"--'---- ". Agenda Item No. 14A March 9, 2010 Page 45 of~ Immokalee Business Development Center IMM Today The certificate of insurance shall contain and clearly set forth the LESSEE's name and address, the location of the property herein leased, the amounts and types of insurance coverage being provided, the effective date and duration of coverage and that the LESSOR, Collier County Board of County Commissioners, Community Redevelopment Agency and IBDC are additional insured's. Renewal certificates shall be sent to the IBDC at least thirty (30) day notification to the days prior the expiration date. There shall also be a thirty (30) day notification to the lBDC in the event of cancellation or modification of any stipulated insurance coverage. The LESSEE shall be responsible for any deductible. If the LESSEE fails to procure any such insurance or keep the same in full force and effect, the LESSOR may elect to treat such failure by the LESSEE as a default of this LEASE as provided hereinafter in Paragraph 13. 23. LicensinQ. LESSEE agrees to possess and maintain as a condition of tenancy all licenses necessary for the operation of LESSEE's business, as required by Collier County, or other agency as may be required. 24. Easements. LESSEE agrees at the request of the LESSOR, when Lessee is not in default, to consent to any easement over, on or beneath the premises as may be necessary to enable the premises to be adequately served by gas, electricity, water, sewer and telephone utilities during the term of this LEASE at LESSEE's expense. 25. Liens. LESSEE shall keep the premises and the improvements thereon at all times during the term of this LEASE free of mechanic's and material men's liens and other liens of like nature, and will hold LESSOR harmless against all such liens or claims and against all attorney's fees and other costs and expenses growing out of or incurred by reasons of or on account of any such liens or claims. Should LESSEE fail fully to discharge any such lien or claim (the validity of which is not disputed by LESSEE or, in any case, if finally adjudicated against LESSEE, by any court of Law) within thirty (30) days after written demand from LESSOR to LESSEE to do so, LESSOR at LESSOR's option, may pay the same or any part thereof, and all amounts so paid by LESSOR, together with interest thereon, shall be repaid by LESSEE. However, in the event LESSEE in good faith desires to contest the validity or reasonableness of any such charge or lien before paying the same, the LESSEE shall have the right so to do and postpone payment thereof until the final determination of any such proceedings, provided LESSEE makes adequate provision in the form of a cash bond to prevent any foreclosures sale under any lien claims. 26. Agency:. It is further agreed between the parties and notice is hereby given that LESSEE is not the agent of LESSOR for the construction, alteration or repair of any buildings or improvements on the premises by LESSEE during the term of the LEASE and all contractors, material men, mechanics, and laborers are hereby charged with notice that they must look to LESSEE only for the payment of any charge for work done or materials furnished on the premises during their term of the LEASE. 27. Offset Statement. Within ten days after request therefore by LESSOR, or in the event that upon any sale, assignment or hypothecation of the Leased Premises by LESSOR an offset statement shall be required from LESSEE, LESSEE agrees to deliver in recordable form a certificate to any proposed mortgage or purchase or to LESSOR, certifying (if such be the case) that this LEASE is in full force and effect, that there are on 7 of 11 ,"-'- 28. 29. 30. 31. 32. 33. - 8 of 11 Agenda Item No. 14A March 9, 2010 Page 46 of~ Immokalee Business Development Center IMM Today claims against the LESSOR, and that there are no defenses on offsets thereto, or stating those claimed by LESSEE. Subordination. Upon request of LESSOR, LESSEE shall subordinate its rights hereunder to the lien of any mortgage or mortgages, or the lien resulting from any other method of financing or refinancing, now or hereafter in force against the land and/or building of which the Leased Premises are a part or against any buildings hereafter placed upon the land of which the land of which the Leased Premises are a part, and to all advances made or hereafter to be made upon the security thereof. Attorney-In-Fact. LESSEE, upon request of any party in interest, shall execute promptly such instruments or certificates to carry out the intent of Sections above as shall be requested by LESSOR. LESSEE hereby irrevocably appoints LESSOR as attorney-in-fact for LESSEE with full power and authority to execute and deliver n the name of LESSEE any such instruments or certificates. If fifteen (15) days after the date of a written request by LESSOR to execute by LESSOR to execute such instruments LESSEE shall not have executed the same said failure shall be a breach of this LEASE and default, LESSOR may, at its option, cancel this LEASE without incurring any liability on account thereof, and the term hereby granted is expressly limited accordingly. Corporate Ownershi!!. If at any time during the term of this LEASE, any part of all of their corporate shares of LESSEE shall be transferred by sale, assignment, bequest, inheritance, operation of law or other disposition so as to result in a change in the present effective control of LESSEE by the person or persons owning a majority of said corporate shares on the date of this LEASE, LESSEE shall promptly notify LESSOR in writing of such change, and LESSOR may terminate this LEASE at any time after such change in control by giving LESSEE ninety (90) days prior written notice of such termination. Governmental Rej:Julations. LESSEE shall, at LESSEE's sole cost and expense, comply with all of the requirements of all county, state, federal and other applicable governmental authorities, now in force, pertaining to the Leased Premises, and shall faithfully observe in the use of the Leased Premises all county ordinances and state and federal statues now in force or which may hereafter be in force. Legal Expense. In any action under this LEASE, including by not limited to any suit brought for recovery of possession of the Leased Premises, for the recovery of Rent or any other amount due under the provisions of this LEASE, or because of the breach of any other covenant herein contained on the part of LESSEE to be kept or performed, and a breach shall be established, LESSEE shall pay to LESSOR all expenses incurred therefore, including a reasonable attorney's fee, including appellate attorney's fees. Ri~ht of Entr'{. LESSOR or LESSOR's agent shall have the right to enter the Leased Premise at all times to examine the same and to show them to prospective purchasers or lessees or the building, and to make such repairs, alterations, improvements or additions as LESSOR may deem necessary or desirable, and LESSOR shall be allowed to take all material into and upon the Leased Premises that maybe required therefore without the same constituting an eviction of LESSEE in whole or in part. The Rent reserved shall in no way abate while said repairs, alterations, improvements or additions are being made by reason of loss or interruption of business or LESSEE, or other otherwise. Nothing herein contained, however, shall be deemed or construed to imposed "-.-"'-...- .-,.--..., - ~... ...-..., "...- - - Agenda Item No. 14A March 9, 2010 Page 47 of~ Immokalee Business Development Center IMM Today upon LESSOR any obligation, responsibility or liability whatsoever, for the care, maintenance or repair of the building or any part thereof, except as otherwise herein specifically provided. 34. Holding Over. If LESSEE or any other person or party shall remain in possession of the Premises or any part thereof following the expiration of the term or earlier termination of this LEASE without an agreement between LESSOR and LESSEE with respect thereto, the person or party remaining in possession shall. after demand, be deemed to be a tenant at sufferance, and during any such holdover, the Rent payable under this LEASE by such tenant as sufferance shall be double the rate or rates in effect immediately prior to the expiration of the term or earlier termination of the LEASE. In no event, however, shall holding over be deemed or construed to be or constitute a renewal or extension of this LEASE. 35. Accord and Satisfaction. No Payment by LESSEE or receipt by LESSOR of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent; nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed to be an accord and satisfaction, and LESSOR may accept such check or payment without prejudice to LESSOR's right to recover the balance of such Rent or pursue any other remedy in this LEASE provided. 36. Severabilit>{. If any term, covenant, or condition of this LEASE or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this LEASE, or the application of such term, covenant or condition to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this LEASE shall be valid and enforced to the fullest extent permitted by law. 37. Financial Information. LESSEE agrees to furnish LESSOR, simultaneously upon execution of the LEASE by LESSEE and prior to execution by LESSOR, a current statement of the financial condition of LESSEE, said statement to be signed by LESSEE, verified by a C.P.A. and notarized. LESSEE warrants that this statement of financial condition will be confidential and for LESSOR's use only. 38. Hazardous Substances. LESSEE, at is sole cost and expense, shall comply with (a) all federal, state and municipal laws, ordinances, notices, orders, rules, regulations and requirements, (b) any requirements of the National Board of Fire Underwriters or the Insurance Services Office and (c) the requirements of all Federal Regional, State and local laws, ordinances, notices, orders, rules and/or regulations concerning the treatment, production, storage, handling, transfer, processing, transporting, use, disposal and release of hazardous substances, toxic or radioactive matter, or any other material or substance which even if not regulated by law or requirements as aforesaid, may/or could pose a hazard to the health and safety of the current or future occupants of the Demised Premises, or the owners or occupants of the property adjacent to or in the vicinity of the Demised Premises (hereinafter, "Restricted Activities"). LESSEE shall be solely responsible for and shall defend, indemnify and hold LESSOR and its agents, successors and assigns harmless from and against all claims, actions, damages, liabilities and reasonable expenses (including without limitation, reasonable fees of attorneys, investigators and experts), arising out of or in connection with the (i) Restricted Activities by LESSEE, its agents. contractors, employees, licensees or 9 of 11 -~ 39. 40. ,-, 41, Agenda Item No. 14A March 9. 2010 Page 48 of~ Immokalee Business Development Center IMM Today invitees and (ii) the removal, lean-up and restoration work and materials necessary to return the Demised Premises and any other property of whatever nature (including, but not limited to, property adjacent to or in the vicinity of the Demised Premises and the Building) to their condition existing prior to the Restricted Activities. LESSEE's obligations hereunder shall survive the tennination of this LEASE. If at any time during or after the term and any extended term of this LEASE, LESSEE becomes aware of any inquiry, investigation, administrative proceeding or judicial proceeding regarding the Restricted Activities, LESSEE shall within five (5) days after its learning of such inquiry, investigation or proceeding give LESSOR written notice providing all available information regarding such inquiry, investigation or proceeding. Radon Gas. Pursuant to Florida Statutes 404.056(8) LESSOR and LESSEE are hereby notified of the following: Radon is a naturally occurring radioactive gas that when it has accumulated in a building in sufficient quantities, any 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 the Collier County Health Department. Waiver. No covenant, term or condition herein shall be deemed to be waived uniess such waiver is in writing by the LESSOR. The subsequent acceptance of Rent hereunder by landlord shall not be deemed to be a waiver of an preceding breach by the LESSEE of any covenant, tenn or condition of this LEASE, other than the failure of the LESSEE to pay the particular Rent so accepted. regardless of LESSOR's knowledge of such preceding breach at the time of acceptance of such Rent. Waiver of JUry Trail. LESSOR and LESSEE hereby knowingly, voluntarily and intentionally waive the right either of them have or their heirs, personnel representatives, successors, or assigns may have to a trial by jury in respect to any litigation arising out of, under or in connection with this LEASE or any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of any party. This provision is a material inducement to LESSOR's acceptance of this LEASE. 42. Contingencies. This LEASE shall be contingent upon the LESSEE's ability to procure financing for interior improvements, to obtain the necessary building permits and the required occupational Health Department (HRS) Iicense(s). Failure to obtain any of the preceding within sixty (60) days of signing of the agreement shall render the same null and void and of no further effect, and the LESSOR shall return all security deposit to the LESSEE. .-~ 10 of 11 -~-, . ..,..,~-" ,...... ^,. '-------""... Signed this herein. day of , 20 . to be effective as identified ATTEST: DWIGHT E. BROCK, CLERK By: , Deputy Clerk WITNESS: 11 of 11 Agenda Item No 14A March 9, 2010 Page 49 of~ Immokalee Business Development Center IMM Today LESSOR: COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: Chairman LESSEE: By: Type Name of Signatory Agenda Item No. 14A March 9, 2010 Page 50 of~ Immokalee Business Development Center IMM Today NEW TENANT CHECKLIST 1. Business Tax Receipt (Formerly Known as Occupational License) 2. Certificate of Insurance - w/Collier county BCC as "certificate Holder" agent name & phone # 3. Contact Sheet: . Owner's work #, cell #, emergency #, email address . Attorney address and contact info . CPA/bookkeeper address and contact info . Alarm company - name, contact info, alarm code 4. Policies & Procedures Handbook 5. Office/Bay Keys "'."-, 6. Gate Keys 7. Copy of business plan (dated) 8. Signed lease - copy to tenant Tenant Date IBDC Date - ..-<. --~...__._- -,..._- Agenda Item No. 14A March 9, 2010 Page 51 offfi-=- Immokalee Business Development Center IMM Today AUTHORIZED SIGNATURE FOR OFFICE/BAY & GATE KEYS Business Name: Immokalee, FL 34142 OFFICE/BAY # # OF KEYS GATE: # OF KEYS Date , Director Immokalee Business Development Center Date PLEASE SIGN AND DATE. Agenda Item No. 14A March 9, 2010 Page 52 of 55 .- INTERLOCAL AGREEMENT FOR THE IMMOKALEE BUSINESS DEVELOPMENT CENTER BETWEEN COLLIER COUNTY AffiPORT AUTHORITY AND THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY This Agreement is made and entered into this day of ,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 (IBDC) at the lmmokalee AirpOlt; and WHEREAS, AIRPORT AUTHORITY leases the Immokalee AirpOlt fi'om the Board of County Commissioners pursuant to the lease agreement dated May 24, 1994, as amended on May 2, 0_ 1995, which is set to expire May 23, 2025 (the "AirpOlt Lease"); and WHEREAS, CRA desires to use property located at the Immokalee Regional Airport/Florida Tradep0l1, Immokalee, Florida ("the Property") to establish a business incubator to assist start-up enterprises; and WHEREAS, AIRPORT AUTHORITY desires to sublease the Property to the CRA to establish a business incubator; and WHEREAS, CRA will sublease the PropeIty to qualifying stalt-up businesses and provide lower cost rental facilities and technical assistance. NOW, THEREFORE, the parties agree as follows: I. JOINT ENTERPRISE: CRA and AIRPORT AUTHORITY agree to create and opemte 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 willl the IBDC Policies and Procedures (''Policies and --" Procedures"). A copy of which is attached hereto and incorporated herein. I -_._,-~ .~. ..-- ----~---_. Agenda Item No. 14A March 9, 2010 Page 53 of 55 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 m'e subject to the terms and conditions of the Airport Lease except they are exempt fi'om the Airport Leasing Policy of the AirpOlt Authority. 3. FUNDING: The CRA shaH 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 CRA and the AIRPORT AUTHORITY are contained in the Polcies and Prcedures as it may be amended from time to time. 4. NOTICES: All notices from CRA to AIRPORT AUTHORITY shall be in writing and deemed duly served if mailed by registered 01' cettified mail to AIRPORT AU1BORITY at the following address: Executive Director Collier County Airport Authority 2005 Mainsail Drive Naples, FL 34114 All notices from AIRPORT AUTHORITY to eRA shall be in writing and deemed duly served if mailed by registered 01' certified mail to CRA to: Executive Director Collier County CRA - Immokalee 3 J 0 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 foUl' (4) years unless terminated earlier pursuant to Section 6, Notwithstanding the foregoing, this Agreement shall terminate May 23, 2025. 2 Agenda Item No. 14A March 9. 2010 Page 54 of 55 ~,,_. The palties, at their option, may enter into a new Interlocal Agreement upon termination of this Agreement. 6. TERMINATION: CRA or AIRPORT AUTHORITY may cancel this Agreement with 01' 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, eRA will pay AIRPORT AUTHORITY for aH expenditures incurred, 01' 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: This Agreement may only be amended by mutual agreement of the parties. This Agreement is not assignable without the consent of both parties, 8. This Agreement shall be recorded in the public records of Collier County. IN WITNESS WHEREOF, CRA and AIRPORT AUTHORITY have each respectively, by -, authorized person 01' agent, hereunder set their hands and seals on the date and year first above written. , ATTEST: DWIGHT E. BROCK, CLERK COMMUNITY REDEVELOPMENT AGENCY BY: James Coletta, Chairman Approved as to form & legal Sufficiency , ~.......-- _.._.\l~'P~....... Assistant County Attorney COLLIER COUNTY AIRPORT AUTHORITY BY: cP- L_ -L/# (" f' "~Vl Byron Meade, Chairman "-, . 1/7/2010 PSP 3 ..~. ,-~ __.___'m"'" Agenda Item No. 14A March 9, 2010 Page 55 of 55 RESOLUTION NO. 10-21 RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY APPROVING AND AUTHORIZING ITS CHAIRMAN TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA) TO CREATE AND OPERATE THE IMMOKALEE BUSINESS DEVELOPMENT CENTER AT THE IMMOKALEE REGIONAL ARIPORT. WHEREAS, the Collier County Community Redevelopment Agency (CRA) proposed pminering with the Collier County AirpOli Authority (Authority) to create and operate a Business Development (BDC) at the Immokalee Regional Airport for small entrepreneurial businesses; and WHEREAS, the Authority voted unanimously to support this project, and to provide space at the Immokalee Regional Airport, landscaping maintenance, insurance for the facilities and receptionist services for small entrepreneurial businesses located in the BDC. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY AIRPORT AUTHORITY, that the Authority hereby approves and authorizes its Chairman to execute an Interlocal Agreement with the Community Redevelopment Agency to create and operate. the Immokalee Business Development Center at the Immokalee Regional AirpOli. PASSED AND DULY ADOPTED by affirmative majority vote of the Collier County AirpOli Authority this 11 th day of Janumy 20 I O. ATTEST: COLLIER COUNTY AIRPORT AUTHORITY COLLIER COUNTY, FLORIDA ebbie Brueggem ~-L/~0~ , erim Director ~Byron Meade, Chairman Approved as to form and legal sufficiency Jennifer B. ~~~~~ty Attorney Y: \Administratlon\AA Board\ResolulionslRes 10.21 /MM CRA.CCAA lnler/ocal Agreement/or BOC 1-11-10.doc.T: