Backup Documents 06/28/2016 Item #16A 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA11A b
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office "
,)t-1L (rJ7-/to
4. BCC Office Board of County t) 'W .\
Commissioners l 4.11.\,16
5. Minutes and Records Clerk of Court's Office
1m 6(2 (U 3:O$ph
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Brandy Otero/Collier MPO Phone Number 252-5859
Contact/ Department
Agenda Date Item was 6/28/16 ,e- Agenda Item Number 16A6
Approved by the BCC
Type of Document Agreement ✓ Number of Original 1 ,,/.
Attached Documents Attached
PO number or account �I�
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? ,Aro9 Q BO
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed BO
by the Office of the County Attorney. _
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the BO
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's BO
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
0
8. The document was approved by the BCC on 6/28(enter date)and all changes made gRV bt its tt t
during the meeting have been incorporated in the attached document. The County , s ptiont
Attorney's Office has reviewed the changes,if applicable. I"
9. Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made,and the document is ready for the 4 +p 4;
Chairman's signature. this line
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 6 A6
MEMORANDUM
Date: June 30, 2016
To: Brandy Otero, Senior Planner
Collier County MPO
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Amendment #1 to the Lease Agreement between the Collier
Metropolitan Planning Organization and Collier County
Board of County Commissioners
Attached for your records is a copy of the document referenced above (Item #16A6)
approved by the Board of County Commissioners on Tuesday, June 28, 2016.
If you have any questions, please feel free to call me at 252-8406.
Thank you.
Attachment
1 6 A 6
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment") entered into
this ?' - h day of 1 a rc1 , 2016, by and between COLLIER METROPOLITAN
PLANNING ORGANIZATION (COLLIER MPO) transportation planning agency created
pursuant to F.S. 339.175, whose mailing address is 2885 South Horseshoe Drive,Naples, Florida
34104, hereinafter referred to as "Lessee," and Collier County, a political subdivision of the
State of Florida, whose mailing address is 3335 East Tamiami Trail, Suite 101, Naples, Florida
34112, hereinafter referred to as "Lessor,"collectively stated as the "Parties."
RECITALS:
WHEREAS, Lessee and Lessor entered into a Lease Agreement dated October 23, 2012 a
copy of which is attached hereto; and
WHEREAS, the "Agreement Term," pursuant to Paragraph 6 of the Lease Agreement
was October 23, 2012 through June 26, 2014, subject to renewals provided therein; and
WHEREAS, since, June 26, 2014, the Lease Agreement was automatically renewed
pursuant to the provisions set forth in Paragraph 6; and
WHEREAS, the parties wish to further extend the termination date of the Lease
Agreement to June 30, 2019.
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
1. The termination date set forth in Paragraph 6 of the Lease Agreement is hereby extended
to June 30, 2019.
2. Except as expressly provided herein, the Lease Agreement remains in full force and
effect according to the terms and conditions contained therein. If there is a conflict
between the terms of this Amendment and the Lease Agreement dated October 23, 2012,
the terms of this Amendment shall prevail.
IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this First
Amendment to Lease Agreement the day and year first above written.
CC)
Page l of 2
1 6 A 6
AS TO THE LESSEE: COLLIER METROPOLITAN PLANNING
ORGANIZATION, a regional transportation
planning agency created pursuant to F.S. 339.175
Ti —
W 'cif gnature)
By: 91"/P �
Penny Taylor, Collier County Commissioner,
TYDf) 1(13 acting in her capacity as Chairman of
(print name)\ the Collier MPO
i
Witness ( _n. ure)
(print name)
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
B�: `\ ' D_C •• By: 4•411/1149'+ uty Clerk DONNA FIALA, CHAIRMAN
Attest as to
signature only:;
Approved as to form and legality:
PALL
Scott R. Teach
Deputy County Attorney
Item# 1112649
Agenda ---t .r
Date
Date /,��a��t ,.
Rec'd l(�
! , ..ak•is - _
Deputy :s e
Page 2 of 2
16A6
LEASE AGREEMENT
6
�} is Lease Agreren (hereinafter referred to as "Lease") is entered into this
Cx 3 day of V "- , 2012, by and between COLLIER
METROPOLITAN PLANNING ORGANIZATION (COLLIER MPO), a transportation
planning agency created pursuant to F.S. 339.175, whose mailing address is 2885 South
Horseshoe Drive, Naples, Florida 34104, hereinafter referred to as "Lessee", and Collier County,
a political subdivision of the State of Florida, whose mailing address is c/o Real Property
Management, 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter referred to
as "Lessor,"collectively stated as the"Parties."
RECITALS:
WHEREAS, Florida Statutes Section 125.38 provides that if a government agency,
corporation or other organization which may be organized for the purposes of promoting
community interest and welfare, should desire any real or personal property that may be owned
by any county of this state or by its board of county commissioners, for public or community
interest and welfare, then such government agency, corporation or organization may apply to the
board of county commissioners for a conveyance or lease of such property, and that such board,
if satisfied that such property is required for such use and is not needed for county purposes, may
thereupon convey or lease the same at private sale to the applicant for such price, whether
nominal or otherwise, as such board may fix,regardless of the actual value of such property; and
WHEREAS, Lessee has applied to the Board of County Commissioners for a Lease of
certain property which the Board has determined is not presently needed for County purposes;
and
WHEREAS, it is the Board's finding that it is in the public interest to lease this property
to Lessee on the terms and conditions set forth below.
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the Parties, and in consideration of the covenants
contained herein, the Parties hereby enter into this Lease on the following terms and conditions:
1. Conveyance. On the terms and conditions set forth in this Lease, and in
consideration of Lessee's performance under this Lease, the Lessor conveys to the Lessee the
present possessory interest in the Leased Premises described below.
2. Description of Leased Premises. The Leased Premises, which is the subject of
this Lease, is a 663 square foot office within the building located at 2885 South Horseshoe Drive,
Naples, Florida, and further described on Exhibit 'A,' which is attached hereto and made a part
hereof this Lease, hereinafter referred to as the"Premises."
Page 1 of 8
1 6 A 6
16 a 2
3. Conditions to Conveyance. Lessee warrants and represents to Lessor that it has
examined the title and boundaries of the Premises. Accordingly, this conveyance is subject to all
of the following:
a. Any and all conditions, restrictions, encumbrances and limitations now recorded
against the Premises;
b. Any and all existing or future zoning laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. Lessee's satisfactory performance of all terms and conditions of this Lease.
4. Use of Premises. The purpose of this Lease is for Lessee to transact MPO
business, which use the Board of County Commissioners has found to be in the public's interest.
Lessor shall have the right to terminate this Lease should Lessee utilize the Premises in any
manner inconsistent with the approved use.
5. Permissible Alternations and Additions to Premises. Lessee may not make any
alterations or additions to the Leased Premises without obtaining Lessor's prior written consent, • .
which consent may be withheld in Lessor's sole discretion. Lessee shall submit to Lessor plans
and specifications for all alterations and additions at the time Lessor's consent is sought.
6. Term of Lease. The term of this Lease shall commence on the date first above
written, and unless terminated earlier by the Parties, shall terminate on June 26, 2014. If
Lessee's Staff Services Contract (`Contract') is extended between the Collier Metropolitan
Planning Organization and Collier County, upon review and concurrence by both the Department
(FDOT) and Federal Highway Administration (FHWA), the Lease term shall automatically
renew to reflect that Contract's service dates, as well as all subsequent renewal Contract dates
between the Collier Metropolitan Planning Organization and Collier County, unless terminate
earlier by either of the Parties.
7. Rent. Lessee hereby covenants and agrees to pay as rent for the Premises the sum
of$3,315.00 quarterly, which sum shall be due and payable on or before the following dates of
each year of the lease: October 1St, January 1st, April 1St and July 1st.
8. Lessor shall be responsible for all costs, fees and charges concerning the
Premises. Accordingly, Lessor shall promptly pay when due and prior to any delinquency all
costs, fees, taxes, trash removal services, assessments, utility charges and obligations of any kind
that relate to the Premises. Subject to the limitation set forth in Section 768.28, Fla. Stat.,
Lessee will indemnify and hold Lessor harmless from any and all claims, costs and obligations
arising wholly or in part by the negligence of Lessee in connection with its use of the Premises in
connection with any activity associated with this agreement. In case any action or proceeding is
brought against Lessor by reason of Lessee's use of the Premises, Lessee shall pay all costs,
attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or
proceeding if Lessor shall so request, at Lessee's expense, by counsel reasonably satisfactory to
Lessor. It is specifically agreed however, that Lessor may at its own cost and expense participate
in the legal defense of such claim, with legal counsel of its choosing.
Page 2 of 8
1 6 A6
16 ,42 2
9. Lessee's Liens and Mortgages. Lessee shall not in any way encumber the
Premises, and shall promptly remove any and all liens placed against the Premises. All persons
to whom these presents may come are put upon notice of the fact that the interest of the Lessor in
the Premises shall not be subject to liens for improvements made by the Lessee and liens for
improvements made by the Lessee are specifically prohibited from attaching to or becoming a
lien on the interest of the Lessor in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes.
10. Lessor's Obligation to Maintain. Lessor shall keep and maintain the Premises in
good, sanitary and neat order, condition and repair, and shall abide with all lawful requirements.
Such maintenance and repair shall include, but not be limited to, painting,janitorial, fixtures and
appurtenances (lighting, heating,plumbing,and air conditioning).
11. Quiet Enjoyment. Lessee shall be entitled to quiet enjoyment so long as Lessee
has not defaulted on any of the terms of this Lease. Accordingly, Lessee shall have the exclusive
right to use the Premises during the term of this Lease. During the term of this Lease, Lessee
may erect appropriate signage on the Leased Premises and the improvements constructed by
Lessee thereon. Any such signage shall be in compliance with all applicable codes and
ordinances.
12. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by Lessor, Lessor shall use its best
efforts to find alternative, comparable office space for Lessee within a reasonable period of time.
13. Access to Premises. Lessor, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to Lessee, to enter
into and upon the Premises during normal business hours, or such other times with the consent of
Lessee, to inspect the Premises, verify compliance with the terms of this Lease, or make any
required repairs.
14. Termination and Surrender. Unless otherwise mutually agreed by the Parties,
within thirty (30) days after termination of the lease term, Lessee shall redeliver possession of
the Premises to Lessor in good condition and repair. Lessee shall have the right at any time
during Lessee's occupancy of the Premises to remove any of its personal property and
equipment.
15. Assignment. Lessee may not assign this Lease or sublet any portion of the
building constructed on the Premises by Lessee without the express prior written consent of the
Lessor, which consent may be withheld in Lessor's sole discretion. Any purported assignment or
sublet without the express written consent of Lessor shall be considered void from its inception,
and shall be grounds for the immediate termination of this Lease. Lessor may freely assign this
Lease upon written notice to Lessee.
16. Defaults and Remedies.
Page 3 of 8
16
16 A 2
a. Defaults by Lessee. The occurrence of any of the following events and the
expiration of the applicable cure period set forth below without such event being cured or
remedied will constitute a "Default by Lessee" to the greatest extent then allowed by law:
i. Abandonment of Premises or discontinuation of Lessee's operation.
ii. Failure of Lessee to perform or comply with any material covenant or
condition made under this Lease, which failure is not cured within ninety
(90) days from receipt of Lessor's written notice stating the non-
compliance shall constitute a default(other than those covenants for which
a different cure period is provided), whereby Lessor may, at its option,
terminate this Lease by giving Lessee thirty (30) days written notice
unless the default is fully cured within that thirty (30) day notice period
(or such additional time as is agreed to in writing by Lessor as being
reasonably required to correct such default). However, the occurrence of
any of the events set forth above shall constitute a material breach and
default by Lessee, and this Lease may be immediately terminated by
Lessor except to the extent then prohibited by law.
b. Remedies of Lessor.
i. In the event of the occurrence of any of the foregoing defaults, Lessor, in
addition to any other rights and remedies it may have, shall have the
immediate right to re-enter and remove all individuals, entities and/or
property from the Premises. Such property may be removed and stored in
a public warehouse or elsewhere at the cost of and for the account of
Lessee, all without service of notice or resort to legal process and without
being deemed guilty of trespass, or being liable for any loss or damage
which may be occasioned thereby. If Lessee does not cure the defaults in
the time frames as set forth above, and Lessor has removed and stored
property, Lessor shall not be required to store for more than thirty (30)
days. After such time, such property shall be deemed abandoned and
Lessor shall dispose of such property in any lawful manner it so chooses
and shall not be liable to Lessee for such disposal.
c. Default by Lessor. Lessor shall in no event be charged with default in the
performance of any of its obligations hereunder unless and until Lessor shall have failed
to perform such obligations within thirty (30) days (or such additional time as is
reasonably required to correct such default) after written notice to Lessor by Lessee
properly and in meaningful detail specifying wherein, in Lessee's judgment or opinion,
Lessor has failed to perform any such obligation(s).
d. Remedies of Lessee. In partial consideration for the nominal rent charged to
Lessee, Lessee hereby waives any claim it may have to direct or indirect monetary
damages it incurs as a result of Lessor's breach of this Lease, and also waives any claim
Page 4 of 8
1 6 A 6
1642
it might have to attorneys' fees and costs arising out of Lessor's breach of this Lease.
Lessee's remedies for Lessor's default under this Lease shall be limited to the following:
i. For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Lessor under this Lease.
ii. Lessee may cure any default of Lessor and pay all sums or do all
reasonably necessary work and incur all reasonable costs on behalf of and
at the expense of Lessor. Lessor will pay Lessee on demand all reasonable
costs incurred and any amounts so paid by Lessee on behalf of Lessor,
with no interest.
e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either
party is intended to be exclusive of any other available remedy or remedies, but each and
every such remedy will be cumulative and in addition to every other remedy given under
this Lease or hereafter existing under law or in equity. No delay or omission to exercise
any right or power accruing upon any event of default will impair any such right or power
nor be construed to be waived, but any such right and power maybe exercised from time
to time and as often as may be deemed expedient.
f. Non-Waiver. Every provision hereof imposing an obligation upon Lessee is a
material inducement and consideration for the execution of this Lease by Lessee and
Lessor. No waiver by Lessee or Lessor of any breach of any provision of this Lease will
be deemed for any purpose to be a waiver of any breach of any other provision hereof or
of any continuing or subsequent breach of the same provision, irrespective of the length
of time that the respective breach may have continued.
Miscellaneous Legal Matters
17. This Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Lease, the Parties shall first use the County's then-
current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure,
either party may file an action in the Circuit Court of Collier County to enforce the terms of this
Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
18. This Lease contains the entire agreement of the Parties with respect to the matters
covered by this Lease and no other agreement, statement or promise made any party, or to any
employee, officer or agent of any party, which is not contained in this Lease shall be binding or
valid. Time is of the essence in the doing, performance and observation of each and every term,
covenant and condition of this Lease by the Parties.
19. In the event state or federal laws are enacted after the execution of this Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms
of this Lease, then in such event this Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Lease.
Page 5 of 8
1 6 A 6
16 4 2
20. Except as otherwise provided herein, this Lease shall only be amended by mutual
written consent of the Parties hereto or by their successors in interest. Notices hereunder shall be
given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight
delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been
given within a required time if deposited in the U.S. Mail, postage prepaid, within the time limit.
For the purpose of calculating time limits which run from the giving of a particular notice the
time shall be calculated from actual receipt of the notice. Time shall run only on business days
which, for purposes of this Lease shall be any day other than a Saturday, Sunday or legal public
holiday. Notices shall be addressed as follows:
If to Lessor: County Manager
Collier County Manager's Office
3299 East Tamiami Trail, Suite 202
Naples, Florida 34112
CC: Real Property Management
3335 Tamiami Trail, Suite 101
Building W
Naples, Florida 34112
If to Lessee: Executive Director
Collier Metropolitan Planning Organization
2885 South Horseshoe Drive
Naples, Florida 34104
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
21. Neither party will have the right or authority to bind the other party without
express written authorization of such other party to any obligation to any third party. No third
party is intended by the Parties to be a beneficiary of this Lease or to have any rights to enforce
this Lease against either party hereto or otherwise. Nothing contained in this Lease will
constitute the Parties as partners or joint ventures for any purpose, it being the express intention
of the Parties that no such partnership or joint venture exists or will exist.
22. Neither party to this Lease will be liable for any delay in the performance of any
obligation under this Lease or of any inability to perform an obligation under this Lease if and to
the extent that such delay in performance or inability to perform is caused by an event or
circumstance beyond the reasonable control of and without the fault or negligence of the party
claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or
undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action,
economic sanction or embargo, civil strike, work stoppage, slow-down or lock-out, explosion,
fire, earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the
binding order of any governmental authority.
Page 6 of 8
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16 A2
23. Lessee will not transport, use, store, maintain, generate, manufacture, handle,
dispose, release or discharge any Hazardous Materials upon or about the Leased Premises, nor
permit employees, representatives, agents, contractors, sub-contractors, sub-sub-contractors,
material men and/or suppliers to engage in such activities upon or about the Leased Premises.
24. In compliance with Section 404.056, Florida Statutes, all Parties are hereby made
aware of the following: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may 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 your County Public Health Department.
25. Lessee shall execute this Lease prior to it being submitted for approval by the
Board of County Commissioners. This Lease may be recorded by the County in the Official
Records of Collier County, Florida, within fourteen (14) days after the County enters into this
Lease, at Lessee's sole cost and expense.
26. Notwithstanding anything to the contrary, either party may freely terminate this
Lease on 30 day's written notice to the other party, with or without cause, which notice is to be
in accordance with paragraph 20 above. Upon termination, all past due rent and other charges
will be promptly paid to Lessor, with the parties adhering to all of their respective termination
and surrender obligations set forth above.
IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Lease the
day and year first above written.
AS TO THE LESSEE: COLLIER METROPOLITAN PLANNING
ORGANIZATION, a regional transportation
planning agency created pursuant to F.S. 339.175
t
6
Witness(signature)",vU 4"/ ..
By:
^r � J• 1 S COLETTA, County Commissioner
2O E, acting on behalf of his capacity as Chairman of
(print it I e) the MPO
//L i i_
"!l-ss(signature)
/
(print name)
Page 7 of 8
16 A6
16 A2
AS TO THE LESSOR:
(r e
ATTEST: - )n I BOARD OF COUNTY COMMISSIONERS,
DWIGHT i .BROC _de k COLLIER COUNTY, FLORIDA
gin' .�: _.�.�.
D.
ill T Y 4 By `.iJ ♦ allDe CuW lerk FRED W. COYLE, CHAIRMA T4
Attest, `3s: hai
Iionatura ,4
Ad as to fo "legal sufficiency:
Sco R. Teach d'4"1 L-----
7
Deputy County Attorney
Page 8 of 8
1 6 A 6
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