Backup Documents 05/27/2025 Item #16B 3 Y1\516
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ORIGINAL DOCUMENTS CHECKLIST&ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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#I through#2,complete the checklist,and forward to
the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
I.County Attorney Office CAO
T/,411 SA
2.Board of County Commissioners Office BOCC
gAgi,J/ tc/27
3. Minutes and Records Clerk of Court's Office
4. Send to f
4-t e . c.. -I-;I I0 e,c011;e-C.O.A.,k,Pi90 V
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 Tara Castillo Phone Number 252-7265
Contact/Department
Agenda Date Item was May 27,2025 Agenda Item Number I6.B.3
Approved by the BCC
Type of Document Attached Fourth Amendment to Lease Agreement Number of Original
Documents Attached
PO number or account 101-163609
number if document is to be
recorded
INSTRUCTIONS&CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is appropriate. Yes N/A(Not
(Initial) Applicable)
I. Does the document require the chairman's original signature STAMP OK TC
2. Does the document need to be sent to another agency for additional signatures? If yes,provide the N/A
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 TC
Chairman,with the exception of most letters,must be reviewed and signed by the Office of the
County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and N/A
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 document or TC
the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and TC
initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip should be TC
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!
8. The document was approved by the BCC on 5/27/2025 and all changes made during TC
the meeting have been incorporated in the attached document. The County Attorney's Office
has reviewed the changes,if applicable.
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 54(!.
is ready for the Chairman's signature.
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FOURTH AMENDMENT TO LEASE AGREEMENT Qr,;m
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THIS FOURTH AMENDMENT TO LEASE AGREEMENT (the "Fourth Amendment") o
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is entered into this 2"f day of / 2025, by and between the COLLIER - o
METROPOLITAN PLANNING ORGANIZATION (the "Collier MPO") created pursuant to o c ;
Florida Statutes, § 339.175, whose mailing address is 2885 South Horseshoe Drive, Naples, 11 N
Florida 34104, hereinafter referred to as the "Lessee," and COLLIER COUNTY, a political D o -0 c
subdivision of the State of Florida, hereinafter referred to as the "Lessor" (collectively referred to 7
as the "Parties"). D D
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RECITALS: o
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, the Lease Agreement was automatically renewed pursuant to the provisions
set forth in Paragraph 6; and
WHEREAS, on June 28, 2016, the Parties entered into a First Amendment to the Lease
Agreement further extending the termination date of the Lease Agreement through June 30, 2019,
a copy of which is attached hereto;and
WHEREAS,on May 28, 2019, the Parties entered into a Second Amendment to the
Lease Agreement increasing the rental rate by $1.00 per square foot,to a total of$21.00 per square
foot, and further extending the termination date of the Lease Agreement through June 30, 2022, a
copy of which is attached hereto;and
WHEREAS, on May 24, 2022 the Parties entered into a Third Amendment to the Lease
Agreement increasing the rental rate by $2.00 per square foot,to a total of $23.00 per square foot
(for 663 square feet of office space), which amounted to an annual rental amount of$15,249, and
further extended the termination date of the Lease Agreement through June 30, 2025, a copy of
which is attached hereto; and
WHEREAS, the Parties wish to further amend the Lease Agreement by extending the
termination date of the Lease for an additional three-year period through and including June 30,
2028, and by increasing the rental rate from $23.00 per square foot to $25.00 per square foot
(covering a smaller rental area consisting of 555 square feet of office space), which amounts to
annual rental amount of$13,875.
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 CAO
1. The termination date set forth in Paragraph 6 of the Lease Agreement is hereby eex ended"
to June 30,2028.
2. Numbered Paragraph 7 of the Lease Agreement is amended, as follows:
7. Rent. Lessee hereby covenants and agrees to pay as rent for the
Premises the sum of$3,812.25 $3,468.75 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
3. This Fourth Amendment shall become effective on the date it is fully executed by
the Parties, with the new rental rate to commence on July 1, 2025.
4. 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 Fourth Amendment and the Lease Agreement
dated October 23, 2012, as amended, the terms of this Fourth Amendment shall
prevail.
IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Fourth
Amendment to Lease Agreement 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
Attest: COLLIER METROPOLITAN PLANNING
ORGANIZATION
By: By/
Anne McLaughli a
MPO Executive Director Panilier MPO Chairman
2
CAO
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ATTEST: BOARD OF COUNTY COMMISIONERS
Crystal K. Kiel, Clerk of Courts COLLIER COUNTY, FLORIDA
And Comptroller
By:
Cle 44%......,C1-40.4a-
urtL. Saunders, Chairman
`A) 'b 'as to chairman's
• + d! {±tt}� � ' signature only
Approved as to form and legality:
Scott R. Teach
Deputy County Attorney
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LEASE AGREEMENT
This Lease Agre en hereinafter referred to as "Lease") is entered into this
C9 3 day of ( .,-WhQ (`'_ , 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 arty 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."
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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 1 S`,January I",April I"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.
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41. 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, AU 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 he 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. Ouiet 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.
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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:
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
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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 Iaws 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.
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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.
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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 days written notice to the other party, wifi 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
r
Witness(signature)'
By:
tA, r..S COLETTA,County Commissioner
O1' `a 1 "1 ( acting on behalf of his capacity as Chairman of
(print uune) /7 the MPO
dj ,. .tom
3 t. 'ss(signature)
Lc,L1f AY
(print name)
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AS TO THE LESSOR:
. .
A II FST: . ' . •--•,.‘•-',, • BOARD OF COUNTY COMMISSIONERS,
DWIGHT it. BROCK,CIA COLLIER COUNTY,FLORIDA
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Devutv Clerk FRED W. COYLE, CHAIRMA
Attevt 11,A0 Cliittes44 .,
lignnturt on-4
Al d as to fo d egal sufficiency:
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S7cot R. Teach
Deputy County Attorney
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1683
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment") entered into
this 7_.` -t-r day of 1 rc.i , 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.
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1 6 8 3
AS TO THE LESSEE: COLLIER METROPOLITAN PLANNING
ORGANIZATION,a regional transportation
planning agency created pursuant to F.S. 339.175
4
Witness(signature)
By: 4e
Penny Taylor. Collier County Commissioner.
acting in her capacity as Chairman of
(print name) the Collier MPO
"11
Witness (Signature)
(print name)
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA
\\,
By itt4)./..t dA,•( ().( 13y:
Attest
uty Clerk DONNA FIALA, CHAIRMAN
as to CO
signature only.
Approved as to form and legality:
Scott R. Teach
Deputy County Attorney
Page 2 of 2
1 6 B 3
SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT ("Amendment") is entered
into this c day of ,1‘ 4: , 2019, 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, the Lease Agreement was automatically renewed pursuant to the provisions
set forth in Paragraph 6; and
WHEREAS, on June 28, 2016, the Parties entered into a First Amendment to Lease
Agreement further extending the termination date of the Lease Agreement through June 30,
2019, a copy of which is attached hereto; and
WHEREAS, the Parties wish to further amend the Lease by extending the termination
date of the Lease Agreement for an additional three (3) year period through and including June
30, 2022, and by increasing the rental rate from $20.00 per square foot to $21.00 per square foot
(for 663 square feet of office space), which amounts to annual rental amount of$13,923.
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:
The termination date set forth in Paragraph 6 of the Lease Agreement is hereby extended
to June 30, 2022.
2. Numbered Paragraph 7 of the Lease Agreement is amended, as follows:
7. Rent. Lessee hereby covenants and agrees to pay as rent for the Premises the sum
of S3-,-3-15:00 $3,480.75 quarterly, which sum shall be due and payable on or before the
following dates of each year of the lease: October 1 , January 1st, April 1st and July 1 st.
3. The effective date of the new rental rate shall commence on July 1, 2019.
Page 1 of 3
1 6 B 3
4. 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 Second 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 Second
Amendment to Lease Agreement 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
Witnes (signature)
By:
Councilman Reg Buxton, City of Naples,
acting in his capacity as Chairman of
(print name) the Collier MP()
W!mess(signature)
1.2.44.1 \••
(print name))
Page 2 of 3
1653
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of Courts COLLIER C .ORIDA
And Comptroller
Denim
° Clerk i iam L. McDaniel, Jr., Chairman
Attest as tok-t4aRTaxi
signature only
Approved as to fort an legality:
Scott R. "l `ach
Deputy County Attorney
t ;w.
Page 3 of 3
I 6 8 3
THIRD AMENDMENT TO LEASE AGREEMENT
THIS THIRD AMENDMENT TO LEASE AGREEMENT ("Amendment") is entered
into this /*IN day of , 2022, 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, 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, the Lease Agreement was automatically renewed pursuant to the provisions
set forth in Paragraph 6; and
WHEREAS, on June 28, 2016, the Parties entered into a First Amendment to the Lease
Agreement further extending the termination date of the Lease Agreement through June 30,
2019, a copy of which is attached hereto; and
WHEREAS, on May 28, 2019, the Parties entered into a Second Amendment to the
Lease Agreement increasing the rental rate by $1.00 per sq. foot, to a total of$21.00 per sq. foot,
and further extending the termination date of the Lease Agreement through June 30, 2022, a
copy of which is attached hereto; and
WHEREAS, the Parties wish to further amend the Lease by extending the termination
date of the Lease Agreement for an additional three-year period through and including June 30,
2025, and by increasing the rental rate from $21.00 per square foot to $23.00 per square foot (for
663 square feet of office space), which amounts to annual rental amount of$15,249.
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, 2025.
2. Numbered Paragraph 7 of the Lease Agreement is amended, as follows:
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Cakit
1 6 B 3
7. Rent. Lessee hereby covenants and agrees to pay as rent for the Premises the sum
of $3,480.75 $3,812.25 quarterly, which sum shall be due and payable on or before the
following dates of each year of the lease: October 1", January 1st, April l', and July 1 .
3. The effective date of the new rental rate shall commence on July 1, 2022.
4. 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 Third 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 Third
Amendment to Lease Agreement 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
By:
Collier MPO Chair
W. TNESSES
Fi St Wi ness (signature)
13{codc). Dkv
(print name?)
Secon s (signature)
447( • 411
(print name)
Page 2 of 3
I 6 B 3
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kiwel,Cletk,of Courts COLLIER COU DA
And Comptroller'
. .
BY7104:11L4-1 12 Attestto Chinon%
By:
Willi L. McDaniel, Jr., Chairman
ae— Dep
signature onY.
Approved as to form and legality:
Sco t R. each
Deputy County Attorney
Page 3 of 3 • 1
tC,N 16 Bi 3
ORIGINAL DOCUMENTS CHECKLIST&ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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.County Attorney Office CAO 5/27
2.Board of County Commissioners Office BOCC
851p j 427
3. Minutes and Records Clerk of Court's OfficeCt 51e0 IPS
t, v b o,yyl
4. Send to 'ft,. 3:E,u.-tere:
I• r oi • Cct 1 Q COI ls-&--c-tb.el 4�P.I q o
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 Tara Castillo Phone Number 252-7265
Contact/Department
Agenda Date Item was May 27,2025 Agenda Item Number 16.B.3
Approved by the BCC
Type of Document Attached Amended&Restated NIPO Staff Service Agreement Number of Original
Documents Attached
PO number or account 101-163609
number if document is to be
recorded
INSTRUCTIONS&CHECKLIST
initial the Yes column or mark"N/A"in the Not Applicable column,whichever is appropriate. Yes N/A(Not
(Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK TC
2. Does the document need to he sent to another agency for additional signatures? If yes,provide the N/A
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 TC
Chairman,with the exception of most letters,must be reviewed and signed by the Office of the
County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and N/A
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 document or TC
the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and TC
initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip should be TC
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!
8. The document was approved by the BCC on 5/27/2025 and all changes made during TC
the meeting have been incorporated in the attached document. The County Attorney's Office
has reviewed the changes,if applicable.
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 �/gj
is ready for the Chairman's signature. t!
16B3
AMENDED AND RESTATED MPO STAFF SERVICES AGREEMENT
THIS AMENDED AND RESTATED MPO STAFF SERVICES AGREEMENT is
made by and between the Collier Metropolitan Planning Organization (the "MPO") and Collier
County, Florida, a political subdivision of the State of Florida, effective this 27+4 day of
Thwy ,2025.
WITNESSETH:
WHEREAS, the MPO, pursuant to the power conferred upon it by Section 339.175,
Florida Statutes, and Article 5 of the Amended And Restated Interlocal Agreement for Creation
of the Collier Metropolitan Planning Organization (the "Interlocal Agreement") between the
Florida Department of Transportation ("FDOT"); Collier County (the "County"); the City of
Marco Island; the City of Naples; and Everglades City, dated February 26, 2015, which was
subsequently Amended and Restated effective on May 28, 2019 and thereafter again on May 24,
2022, the MPO may employ personnel and/or enter into agreements, with local and/or State
agencies to utilize the staff resources of such agencies or for the performance of certain services
by such agencies as necessary to fulfill its responsibilities and obligations as required by law;
and
WHEREAS, pursuant to the aforesaid Interlocal Agreement executed between the
County, the City of Marco Island, the City of Naples, Everglades City and the FDOT, it is
contemplated that County personnel will perform the substantial portion of each task provided
for in 23 Code of Federal Regulations (CFR) Part 450 and Chapter 339.175 Florida Statutes as
necessary to carry out the continuing, cooperative and comprehensive transportation planning
process mandated by federal regulations as a condition precedent to the receipt of federal capital
or operating assistance in the urbanized area; and
WHEREAS, Section 339.175, Florida Statutes provides, in part, that a Metropolitan
Planning Organizations' Executive Director reports directly to his or her Governing Board, and
that the Executive Director and staff are employed by the Metropolitan Planning Organization or
through a staff services agreement between the Metropolitan Planning Organization and another
governmental entity; and
WHEREAS, it is deemed by the parties to be appropriate and necessary that the duties
and obligation of the County, in relation to its role providing staff and services to the MPO, be
defined and fixed by formal agreement.
NOW, THEREFORE, in consideration of the mutual covenants, premises, and
representations herein, the parties agree as follows:
1.00 Purpose
For the reasons recited in the preamble, which are hereby adopted as part hereof, this Agreement
is to provide for professional services to carry out the terms of the Interlocal Agreement and any
INSTR 6687893 OR 6473 PG 2274 1
RECORDED 5/29/2025 3:36 PM PAGES 7
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$61.00 CAO
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other agreement to which the MPO is a party, and to provide staff services and support for the
administration of the MPO.
2.00 Scope of Services
It is agreed by the County that it shall furnish the MPO with the staff necessary for professional,
technical, administrative, and clerical services, equipment, office and other space, and other
incidental items as may be required and necessary to manage the business and affairs of the MPO
and to carry on the transportation planning and programming process specified by the Interlocal
Agreement and any other agreement to which the MPO is a party; provided, it is understood and
agreed that, unless otherwise provided for, the performance of such service and functions shall
be limited to those specified and allocated to the County in the annual Unified Planning Work
Program (UPWP) budget and all approved budgets and management reports under federal or
State grant contracts with the MPO. The County's annual charge for furnishing office space to
the MPO, including all common area maintenance and utility costs is specifically provided for in
a separate lease agreement executed by the parties.
To minimize disruption, the County shall furnish the MPO with the aforementioned office and
other space so as to be continuously co-located with the Collier County Transportation
Management Services Department and shall make reasonable efforts to avoid frequent relocation
of said office and other space.
The MPO is responsible for the selection of, and execution of an employment agreement with,
the Executive Director of the MPO. Each year, the MPO shall review and evaluate the
performance of the MPO Executive Director in accordance with the performance-based merit
plan as provided in the Collier Metropolitan Planning Organization/Executive Director
Employment Agreement.
The MPO authorizes the MPO Executive Director to secure FDOT approval for amendment of
the UPWP consistent with FDOT's MPO Program Management Handbook. UPWP amendments
require the approval of the MPO Board.
The UPWP shall be prepared by the MPO Staff in cooperation with all related State and federal
agencies and MPO committees in accordance with the rules and regulations governing the MPO
and shall be subject to the approval of the MPO Board before submittal to State or federal
agencies.
2.01 MPO Executive Director
The MPO Executive Director shall be responsible to the MPO for the conduct of the
transportation planning process as detailed in the UPWP as well as the appointment, assignment,
direction, and control of all personnel necessary thereto; the development of an appropriate
organizational structure to carry out the responsibilities set forth in the Agreement; and the
development of procedures to monitor and coordinate the planning process, as well as the overall
administration of MPO programs. Changes to the number of MPO staff positions shall be
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subject to the approval of the MPO Board.
2.02 Commitment of Personnel
The MPO Executive Director shall annually prepare a detailed listing of all tasks necessary and
incidental to carrying out the planning process. The MPO staff shall, at a minimum, have the
following duties and functions:
a. Carrying out the tasks as defined in the UPWP to ensure the continued
certification of the MPO;
b. Coordinating the activities of the various structures established by the Interlocal
Agreement heretofore mentioned;
c. Preparing the agendas and public notification for meetings of the MPO Technical
Advisory and Citizens Advisory Committees, Bicycle and Pedestrian Advisory
Committee, Congestion Management Committee, the Local Coordinating Board
for the Transportation Disadvantaged, and any other committees under the MPO's
purview;
d. Preparing resolutions and other appropriate documents;
e. Scheduling meetings, giving notices, and keeping minutes;
f. Coordinating and monitoring the activities of the various supporting offices;
g. Preparing an annual report as may be required;
h. Developing and implementing operational procedures as are necessary and proper
to affect the most efficient implementation of said program;
i. Directing the implementation of policies established by the MPO; and
j. Performing other duties as may be assigned by the MPO.
2.03 Legal Representation for the MPO
The Collier County Attorney has been designated to represent the MPO Board on legal matters.
The MPO may employ special legal counsel for specific needs when it is deemed necessary.
2.04 Budget
The UPWP shall serve as the budget for the MPO. The UPWP shall identify funding sources,
participating agencies and the level of participation by the various agencies.
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2.05 Financial Administration
a. The financial records and accounts of the MPO, including revenue receipts and
expenditures, shall be administered by the County in accordance with its ordinary
procedures.
b. Contracts and bids for the purchase of MPO materials and services shall be in
accordance with County procedures for the same purposes and the MPO adopts
by reference the County's Purchasing Ordinance, Policy and any administrative
regulations governing procurement matters. The MPO shall review and approve
all Requests for Proposals (RFP), Requests for Professional Services (RPS), and
subsequent contracts. Contracts and bids for the purchase of materials and
services using federal or State grants funds (currently FHWA PL/SU, FTA and
TD) allocated to the MPO and identified in the UPWP will be in accordance with
County procedures but any actions taken within the authority of the MPO relating
to such matters shall be independent of the Board of County Commissioners'
approval.
c. Through the adoption of this Agreement, the MPO adopts the United States
Department of Transportation's goals regarding the procurement of services from
firms registered as Disadvantaged Business Enterprises (DBE). In addition, the
MPO adopted a DBE Policy in accordance with FDOT's DBE Plan.
2.06 Information Technology and Office Equipment
a. The MPO may need to purchase, maintain and upgrade office equipment, office /
computer hardware, software, and other resources. This may include, but is not
limited to, the purchase of office equipment such as printers, facsimile machine,
copier, computers and hardware upgrades, reference documents, software and
supporting maintenance. Grant funds allocated to the MPO and identified in the
UPWP for such requirements will be used. All resources purchased by the MPO shall
be the property of the MPO. Collier County's Information Technology department is
responsible for all maintenance of MPO computers and may be paid for services
through annual interdepartmental allocations. The Executive Director and MPO staff
shall comply with all County rules governing the use of the County's computer
network.
b. All proposed equipment purchased by the MPO with grant funds must comply with 2
C.F.R. Part 200 and all other applicable rules, regulations and laws (both State and
federal), as appropriate.
2.07 County Staff Assistance
a. The MPO may on occasion request additional administrative or public relations
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16B3
assistance due to MPO staff turnover or attrition. Such temporary assistance may be
provided upon the MPO Executive Director and the County Manager or his/her
designated representative reaching agreement on the appropriate re-allocation of
County personnel on a case-by-case basis.
b. The MPO may on occasion request GIS assistance to update various MPO maps and
GIS data files. Such assistance may be provided upon agreement reached in the
same manner set forth in the above subsection(a).
c. If the MPO utilizes such temporary assistance from the County, the County will be
reimbursed through an interdepartmental transfer at the actual cost of the utilized
employee's salary, plus any other actual documented additional cost. County staff
time spent supporting MPO activities shall be documented on the MPO timesheet,
approved by the MPO Executive Director.
2.08 Use of County Fleet Vehicle
The MPO has access to a Collier County motor pool automobile for travel to MPO-related
functions outside of Collier County. The MPO shall follow County regulations and protocols
governing the reservation and use of a motor pool vehicle and shall reimburse the County in
accordance with the County's adopted budget provisions.
3.00 Reimbursement to the County
The MPO hereby agrees that it shall reimburse the County for all services rendered under this
Agreement as specified in the UPWP budget and all approved budgets under federal or State
grant contracts with the MPO. The determination of eligible costs shall be in accordance with 2
CFR § 200 and all other applicable rules, regulations and laws (both State and federal), as
appropriate. Administration over grants will also follow the policies and procedures set forth in
the County's Grant Administration Handbook and CMA 5330, which is compliant with 2 CFR
Part 200.
3.01 Local Share
The MPO will provide cash or in-kind services for the required match for federal funds from the
Federal Highway Administration (FHWA), the Federal Transit Association (FTA), FDOT and
the Florida Commission for Transportation Disadvantaged (CTD), where appropriate. These
funds may also be derived from financial contributions made by the MPO's member local
governments, including Collier County and the Cities of Naples, Marco Island and Everglades
City.
3.02 Invoices and Progress Reports
The MPO shall provide to the FDOT or appropriate federal agencies quarterly (unless grantor
conditions determine otherwise) progress reports and invoices for reimbursement for all federal
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grants with FHWA, FTA and State grants received through the CTD. The progress reports and
invoices shall be in sufficient detail for audit purposes.
3.03 Payment
Payment to the County of all monies by the MPO is contingent upon the MPO first receiving the
funds for the work tasks from the FDOT, FHWA, FTA or CTD. Requests for County services
may not be made unless sufficient funding is available to reimburse the County for related
expenditures.
3.04 Travel Expenses
Reimbursement from federal and State funds for per diem and mileage expenses incurred by
MPO staff and Board members for MPO business shall be consistent with the federal
government rates.
4.00 Information and Reports
The County will provide all required information and reports and will permit access to its books,
records, accounts, and other sources of information, and its facilities as may be determined by
FDOT, FHWA, or FTA to be pertinent to ascertain compliance with such regulations, orders, and
instructions. Where any information required of the County is in the exclusive possession of
another who fails or refuses to furnish this information, the County shall certify to FDOT,
FHWA, or FTA as appropriate, and shall set forth what efforts it has made to obtain the
information.
5.00 Continuity of Operations Plan(COOP)
The MPO shall adhere to Collier MPO's Continuity of Operations Plan (COOP). The COOP is
consistent with Collier County's Comprehensive Emergency Management Plan(CEMP). Collier
County shall provide the MPO with an alternate facility for a reasonable period if one is
required.
6.00 Amendment of Agreement
The County and the MPO may, upon initiation of either party, amend this Agreement to cure any
ambiguity, defect, omission or to grant any additional powers, or to confer additional duties
which are consistent with the intent and purpose of this Agreement.
This Agreement shall become effective upon approval by the MPO and the County and remain in
effect for a period of three years. At that time, the MPO shall review this Agreement to
determine if any changes are warranted.
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IN WITNESS WHEREOF, the undersigned parties have caused this Amended and
Restated MPO Staff Services Agreement to be duly executed on their behalf as of the effective
date set forth above.
COLLIER COUNTY COLLIER
BOARD OF COUNTY COMMISSIONERS METROPOLITAN PLANNING
ORGANIZATION
By: •
,.4-.
,���
ommissioner Burt L. Saunders, Commission an
Chairman, Collier MPO Chairman
Collier County Board of Commissioners
ATTEST:
Crystal K.Iinzel, Clerk of the Circuit ATTEST:
Court and Comptroller
BY: ����/ BY:
DePizty C rk Attest as to Ct}airm� Ann McLau lin
frfr signature only
a • �;r ; Collie PO xecutive Director
Approved as to form and legality:
cott R. Teach
Deputy County Attorney
•7