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Agenda 10/14/2025 Item #16F 4 (5th Amendment and Extension to the Interlocal Agreement between the City of Naples governing the use of beach parking facilities and park and recreation programs through Spetermber 30, 2027)10/14/2025 Item # 16.F.4 ID# 2025-3722 Executive Summary Recommendation to approve an Extension and Fifth Amendment to the Interlocal Agreement between Collier County and the City of Naples, governing the use of City of Naples beach parking facilities and park and recreation programs, to September 30, 2027. OBJECTIVE: To continue the Beach Parking and Recreation arrangement enjoyed by the City of Naples and the County. CONSIDERATIONS: On November 18, 2008, Collier County (County) and the City of Naples (City) entered an Interlocal Agreement ("Interlocal") allowing residents from the unincorporated Collier County to use and enjoy the City's parks, recreational facilities, and recreational programs on the same basis as those afforded to City residents in exchange for an annual base payment of $1,000,000 (adjusted each fiscal year by an adjustment factor). On December 12, 2017, the County and the City entered an Extension and Amendment to the Interlocal extending the term to September 30, 2022, and increasing the payment to $1,500,000 for the fiscal years within the extended term. On September 13, 2022, the County and the City entered a Second Extension and Amendment to the lnterlocal further extending the term to June 30, 2022. This amendment maintained the total annual payment of $1,500,000 but modified the payment schedule to a monthly basis. On June 27, 2023, Collier County and the City of Naples entered a Third Amendment and Extension to further extend the term to September 30, 2023, and on September 30, 2023, the County and the City entered a Fourth Amendment to the lnterlocal Agreement extending the term to September 30, 2024. In addition, on June 11, 2024, Collier County approved an extension to the Fourth Amendment, as previously agreed by Collier County and the City, until September 30, 2024. On September 24, 2024, Collier County approved an extension to the Fourth Amendment to further extend the term to September 30,2025. City and County staff will continue to work together to review current beach operations and capital expenditures specific to beach access from the City of Naples to facilitate future coordinated TDC funding, and to review how reimbursements for beach permit allocation may be improved and better accounted for including city and county residential use. This item proposes an Extension and Fifth Amendment to the Interlocal Agreement to September 30, 2027, retroactive to October 1, 2025. Additionally, it is includes an additional optional 1-year renewal in September 2027 with a 5% increase. This supports the Quality of Place in the Strategic Plan by providing quality public amenities and recreational opportunities. FISCAL IMPACT: Approval of the Extension will result in 12 monthly payments of $125,000 to the City of Naples for a total annual payment of $1,500,000. Funding for this agreement is included in the FY 2026 budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board action. - CMG RECOMMENDATIONS: To approve an Extension and Fifth Amendment to the Interlocal Agreement between Collier County and the City of Naples governing use of City beach parking facilities and park and recreation programs to Page 5088 of 6526 10/14/2025 Item # 16.F.4 ID# 2025-3722 September 30, 2027. PREPARED BY: Jennifer Reynolds, Assistant Director of Corporate Financial & Management Services. ATTACHMENTS: 1. 2025-15725 Collier County - Stamped 2. RecordedInterlocalandAmendment 3. Backup Documents 09_24_2024 Item #16F 4 Page 5089 of 6526 Page 5090 of 6526 Page 5091 of 6526 INSTR 5484571 OR 5459 PG 277 I RECORDED 12/18/2017 10:16 AM PAGES 5 DWIGHT E. BROCK. CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$44.00 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING PARKS AND RECREATION DATED THE 1ST DAY OF NOVEMBER, 2008 WHEREAS, Collier County and the City of Naples, Florida entered into an Interlocal Agreement on November 1st, 2008, and WHEREAS, residents of Collier County and the City of Naples have benefited from the use of City parks, recreation, and beach parking facilities, and WHEREAS, the parties desire to amend certain provisions of the Interlocal Agreement. WITNESSTH: NOW, THEREFORE, the Parties agree to amend the Interlocal Agreement as follows: 1. Section 2 is amended as follows: This Agreement shall become effective as of October 1, 2008 December 1, 2017, and, unless otherwise modified by written agreement, will end September 30, 2022. After the t. t. - Section 5 is amended as follows: The payments (FY 2009 and FY 2010) to the City for FY 2018-19, through F Y20-22 shall be $1,500,000 (one million, five-hundred thousand dollars) for each fiscal year. _ _ --• - • _ _ e _ _ _-I, - -e -_ _ -- -- •- -_ - •.- e.9,99f. _ September 30, 2008. No beach stickers shall be sold or otherwise provided to non-Collier County residents by Collier County or the City of Naples. IN WITNESS HER4pFttlealarties hereto have set their hands and seals the day and year first above w . .. Q; Attest: 0til -- t ri 5 Teles r' I/167 `/ ricia L. Rambosk,Ci . - ""r ett M- or ItYY Page 5092 of 6526 Approv d as to form and legality: Robert D. Pritt, City Attorney Atst7- Board of Commissioners Collier Cou Florida D ig t • . Brock, ClAttest as to Chairman's Penny Taylor, Cha' (-4 signature only Approvedf s to form and legair y: Jeffrey a latzkow Count Attorney Page 5093 of 6526 INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING PARKS AND RECREATION THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of this i'%•V\,,,, day of 2008, by and between Collier County, Florida("County") and the City of Naples,Florida("City"), RECITALS: WHEREAS, residents from the unincorporated areas of'Collier County currently enjoy recreating within facilities owned and operated by the City of Naples, including but not limited to, Fleischman Park and beach areas and related parking areas within the City of Naples;and a WHEREAS, the parties have over the years entered into separate interlocal agreements concerning the City's Parks and Recreational areas, including but not limited to an Interlocal tt Agreement for City-County Beach Parking, recorded at OR Book 3563, Pg 1889, whichaOa Pg p agreement expired September 8, 2008; and cx, 2 UZI WHEREAS, Collier County and the City wish to enter into a long term agreement which r r would allow residents from unincorporated Collier County to use and enjoy all of the City's c) Parks, Recreational facilities and Recreational Programs, on the same basis as those afforded to Le-) Q City residents; and 441 N G D WHEREAS, the City is willing to allow the use of all of its Parks,Recreational Facilities and Recreational Programs to residents of unincorporated Collier County on the same terms and conditions as those afforded to residents of the City in exchange for an annual payment by the a County in the sum of S1,000,000, as adjusted in the manner set forth below, PC WITNESSETH: IM V N a NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good andG. lad E I" valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 1 Page 5094 of 6526 OR: 4409 PG: 3952 2. This Agreement shall become effective as of October 1, 2008, and, unless otherwise modified by written agreement, will end September 30, 2018. After the third year, either party may terminate this Agreement by written notice to the other, at least 180 days prior to the end of each fiscal year. 3. County residents shall be afforded the same rights and privileges as those granted to City residents to utilize all City Parks, Recreational facilities, and Recreational Programs, and shall pay the same fees and have access to the same parking as City residents. 4. With respect to beach access; A. The City and the County hereby continue their established reciprocal beach parking program whereby all residents of Collier County may obtain a beach parking sticker valid for free parking at any County or City beach parking location. B. The City will operate a beach patrol and maintenance program within the City to provide for beach and beach parking regulation enforcement, beach and beach parking cleanup, and beach and beach parking maintenance. C. For the term of this Agreement the City agrees to provide at Ieast 1048 parking spaces located at street beach ends or City Beach Parks that will be available for vehicles of County residents with valid beach parking stickers. These spaces may be metered, restricted for permit parking, or handicapped parking spaces as determined by the City. All spaces regardless of designation will be made equally available at no cost to City and County residents. 5. The first and second year payments (FY 2009 and FY 2010) to the City shall be 1,000,000 (one million dollars) for each fiscal year. Commencing October 1, 2010, and each fiscal year thereafter, this payment will be adjusted, upward or downward, by multiplying the 1,000,000 base payment by an adjustment factor. The adjustment factor will be the ratio of ad valorem taxes paid to the County's General Fund by property owners located within the City in the fiscal year just ended, divided by the ratio of ad valorem taxes paid to the County's General Fund by property owners located within the City during the fiscal year ending September 30, 2008. 6. A $500,000 payment due shall be paid to the City not later than March 31 of each fiscal year. The remainder of the annual payment shall be paid not later than September 30 of 2 Page 5095 of 6526 OR: 4409 PG: 3953 *** each fiscal year; this remainder payment shall be computed using the ratio identified in Section 5 above. 7. All notices required under this Agreement shall be directed to the following offices; For the County:Office of the County Manager 3301 East Tamiami Trail Naples,Florida 34112 For the City: Office of the City Manager 735 Eighth Street South Naples, Florida 34102 8. With respect to the subject natter herein, this Agreement is the entire agreement between the parties, superseding all previous oral and written representations, understandings, and agreements between the parties. This Agreement can only be changed by a writing signed by both parties. The County shall record this Agreement at its sole cost in the Public Records of Collier County. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: CITY OF NAPL ar Norman,City Cler .)( a) By: 411101'. BILL BARNETT, MAYOR ATTEST: BOARD OF COMMISSIONERS DWINQR' 2::BT QCK, Clerk COLLIER COUNT FLORIDA Aunt t3,,to !!'of Clerk TOM H NNING, CH: ' AN sigisturit 004.! Date Appr=:: e =• to form Approved as to form and and l=i a . +;ci-' • legal sufficiency: Jeffrey t . I atzkow Robert D. t,City ttorney County Att, ey Date i t 3 Page 5096 of 6526 16F4 EXTENSION OF THE FOURTH AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING PARKS AND RECREATION This Extension of the Fourth Amendment to the Interlocal Agreement is made and entered into this 30th day of September 2024,by and between Collier County, a political subdivision of the State of Florida ("COUNTY") and the City of Naples, Florida, a Florida municipal corporation CITY"). The CITY and COUNTY collectively, shall be referred to as "parties." RECITALS: WHEREAS, on November 18, 2008, COUNTY and CITY entered into an Interlocal Agreement (hereinafter referred to as the "Interlocal Agreement") allowing residents from the unincorporated Collier County to use and enjoy all of the CITY's parks, recreational facilities, and recreational programs on the same basis as those afforded to City residents in exchange for an annual payment; and WHEREAS, on December 12,2017, COUNTY and the CITY entered into an Amendment to the Interlocal Agreement extending the term to September 30, 2022, and increasing the annual payment; and WHEREAS, on September 13, 2022, COUNTY and the CITY entered into a Second Amendment to the Interlocal Agreement extending the term to June 30, 2023, and changing the semi-annual payment requirement of$750,000 in March and September to a prorated $125,000 to be paid monthly; and WHEREAS, on June 27, 2023, COUNTY and the CITY entered into a Third Amendment to the Interlocal Agreement extending the term to September 30, 2023; and WHEREAS, on September 30, 2023, COUNTY and the CITY entered into a Fourth Amendment to the Interlocal Agreement extending the term to September 30, 2024; and WHEREAS, the residents of Collier County and the City of Naples have benefitted from the use of City parks, recreation, and beach parking facilities; and WHEREAS, on June 11, 2024, Collier County approved an extension to the Fourth Amendment, as previously agreed by Collier County and the City; and WHEREAS, the parties wish to extend the Interlocal Agreement as set forth below. WITNESSETH: NOW, THEREFORE, the COUNTY and CITY agree to amend the Interlocal as follows: 1.The recitals above are true, correct, and incorporated herein. 2.The Interlocal Agreement,as previously amended,is hereby extended to September 30, 2025, with no renewal period. 1 Page 5097 of 6526 16F4 3.Except as modified by this Extension, the Interlocal Agreement as previously amended shall remain in full force and effect. IN WITNESS HEREOF, the parties hereto have set their hands and seals the day and year first written above. CITY: ATTEST: CITY OF NAPLES Patricia L. Rambosk, City Clerk Teresa Lee Heitmann, Mayor Approved as to form and legality: Matthew McConnell, City Attorney COUNTY: ,;' i-`/ o ATTEST: `' ', 'BOARD OF COUNTY COMMISSIONERS OF CRYSTAL K. KI EL, Clerk COLLIER COUNTY, FLORIDA 119j(411& Deputy Clerk Christoph all, Chairman Attest as to Chairman's J signatuie only Approved s,to:for!lri and legality: Jeffrey latzl ow, County Attorney 1 2 Page 5098 of 6526 16F4 3. Except as modified by this Extension, the Interlocal Agreement as previously amended shall remain in full force and effect. IN WITNESS HEREOF,the parties hereto have set their hands and seals the day and year first written above. CITY: 3 Lesy»aOAsii.,_ ATTE5 '::' CITY OF NAPLES s =..=:,.: . •tip-' Patraikt.Ratfttd+sk,r fy Ca erk Teresa Lee Heitmann,May( rr Z 0 s4,t,. Approved as t 'fdtn and legality: Matthew McConnell, City Attorney COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS OF CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA Deputy Clerk Christopher Hall, Chairman Approved as to form and legality: Jeffrey A.Klatzkow, County Attorney 2 Page 5099 of 6526