Resolution 2014-103 RESOLUTION 2014 - 3
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AUTHORIZING ITS CHAIRMAN TO
EXECUTE AN INTERLOCAL AGREEMENT WITH THE DISTRICT
SCHOOL BOARD OF COLLIER COUNTY, FLORIDA AND
APPROVING THE STATUTORY EXCHANGE OF COUNTY-OWNED
AND DISTRICT-OWNED PROPERTIES THAT ENABLED THE
DISTRICT TO SATISFY THE GOPHER TORTOISE PRESERVE
REQUIREMENTS UNDER SECTION 3.04.02 OF THE LAND
DEVELOPMENT CODE, IN ORDER TO FACILITATE THE
CONSTRUCTION OF THE GOLDEN GATE HIGH SCHOOL.
WHEREAS, the staff of Collier County (County) and representatives of The District
School Board of Collier County, Florida (District), have prepared and agreed upon the terms of
an Interlocal Agreement pertaining to the exchange of County-owned and District-owned
properties that enabled the District to satisfy the gopher tortoise preserve requirements under
LDC Section 3.04.02 which facilitated the construction of the Golden Gate High School; and
WHEREAS, County is the owner of that certain parcel of real property legally described
on Exhibit "A" of the Interlocal Agreement attached hereto and made a part hereof (County
Property); and
WHEREAS, the District has been utilizing the County Property to satisfy the gopher
tortoise preserve requirement under LDC Section 3.04.02, which was a prerequisite for
construction of the Golden Gate High School; and
WHEREAS, the District is the owner of that certain parcel of real property legally
described on Exhibit "B" of the Interlocal Agreement attached hereto and made a part hereof
(School Property); and
WHEREAS, the County will utilize the School Property for a future Parks and Recreation
project to be determined by County staff; and
WHEREAS, the Board of County Commissioners, in accordance with Section 125.38,
Florida Statutes, is satisfied that the County Property is required for use by the District and is not
needed for County purposes.
NOW THEREFORE, BE IT RESOLVED that:
1. The Board of County Commissioners hereby approves the attached Interlocal
Agreement between Collier County and the District School Board of Collier County.
2. The Board of County Commissioners hereby directs and authorizes its Chairman, on
behalf of this Board, to execute the Interlocal Agreement attached hereto, and hereby approves
1 of 2
the exchange of properties described therein and any acts needed to fulfill the terms and
conditions of the attached Interlocal Agreement.
This Resolution adopted this '1"% day of 1'n A Y , 2014 after motion, second
and majority vote.
ATTES`> , n.. .^:G/'''
DWIGF ':.E;BROCK,.eLERK BOARD OF COUNT COMMISSIONERS
COLLIER•UNT •/ LORIDA
� C .
BY: �iL� :..:" ' BY: a„ 1r_
& De ut`lt1er TOM HENNING, to airman
Attest t-nalr
signature On Y.
Appr ed as to o and legality:
Scott tone
Assistant County Attorney
Attachments: Exhibit A—Legal Description, County Property
Exhibit B — Legal Description, School Property
C P\14-RPR-02567\9
2 oft
INTERLOCAL AGREEMENT
(3 Acre Swap- Golden Gate/Palmetto Ridge)
THIS INTERLOCAL AGREEMENT (this "Agreement") is made and entered into this
_ate--- of , 2014 by and between COLLIER COUNTY, FLORIDA,
a political subdivisio of the State of Florida (the "County"), and the DISTRICT
SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, a statutory unit of the State of
Florida (the "District").
WHEREAS, the County is the owner of that certain land located along the north
boundary of the Golden Gate High School property and more particularly
described on Exhibit "A" attached hereto and made a part hereof (the "GGHS
Property");
WHEREAS, the District is the owner of that certain land located along the
northwest boundary of the Palmetto Ridge High School property and more
particularly described on Exhibit "B" attached hereto and made a part hereof
(the "PRHS Property");
WHEREAS, the purpose of this Agreement is to consummate a land exchange
transaction between the parties whereby the County would convey to the
District fee simple title to the GGHS Property that has been used as a temporary
gopher tortoise preserve during the construction of Golden Gate High School
and, in exchange for the GGHS Property, the District would convey to the
County fee simple title to the PRHS Property to be used as part of the public park
to be constructed north of Palmetto Ridge High School and currently known as
the Big Corkscrew Island Regional Park;
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of
the mutual promises, commitments and covenants contained herein, the parties
agree as follows:
1 . Recitals. The parties agree and acknowledge that the recitals above are true
and correct.
2. Land Exchange & Appraisals. The parties agree that the GGHS Property and
the PRHS Property will be exchanged in "As Is" condition, including the current
zoning, permitting and/or use. The parties have appraised the GGHS Property
and the PRHS Property (the "Appraisals"); which Appraisals are mutually
accepted by the parties hereto. After averaging the Appraisals, the GGHS
Property was valued at approximately $118,500 and the PRHS Property was
valued at approximately $118,500 constituting no difference in value. The
County shall convey fee simple title to the GGHS Property to the District by a
Statutory Deed and the District shall convey fee simple title to the PRHS Property
to the County by a Statutory Deed and the amount of land conveyed between
the parties shall be considered an acre for acre exchange (the "Closing"). Each
party shall be responsible for its own costs and fees, including, but not limited to,
closing costs, real estate appraisals, title insurance, surveys, permits, rezones,
impact mitigations, environmental, soil and/or traffic studies. It is acknowledged
and agreed to by the parties that prior to the Closing, the District may grant
easements on portions of the PRHS Property in favor of the County's Water-Sewer
District and that the granting of such easements shall not result in any diminution
on value of the land exchanged for purposes of this Agreement.
3. Termination. Either party may terminate this Agreement, at any time and for
any reason (including, but not limited to, finding soil contaminants), prior to
Closing if that party deems it to be in that party's interests to do so, by delivering
to the other party written notice of such intent to terminate. Any notice of
termination shall be delivered to the County Manager or the Superintendent, as
applicable, and this Agreement shall become null and void. Upon receipt of
such termination notice, both parties, to the greatest extent possible, shall as
soon as possible thereafter cease all activity with regard to the terminating
party's participation, including, to the extent allowed under the then existing
contract terms, shall "stop work" insofar at the respective contract applies to the
terminating party.
4. Permitting & Title Insurance. The District (and its staff) and the County (and its
staff) shall fully cooperate and use good faith efforts with regard to any future
permitting concerns that arise in connection with the referenced three (3) acre
swap. The parties shall also fully cooperate and use good faith efforts to allow
the other parties to obtain title insurance by executing any standard or
customary title insurance documents.
5. Miscellaneous. The rights and duties of performance under this Agreement
shall be binding upon, and inure to the benefit of all successors in interest to the
parties to this Agreement, but may not be assigned or otherwise transferred
without the written consent of the other party. The terms and conditions of this
Agreement shall only be revised or amended by the mutual written consent of
the parties hereto or by their successors in interest in accordance with this
Agreement. In the event of a dispute under this Agreement, the County
Manager and the District Superintendent shall first try to negotiate a resolution
acceptable to both parties. Following the conclusion of this procedure, either
party may terminate this Agreement or submit the issue to be resolved by non-
binding arbitration in accordance with the rules and procedures of the
American Arbitration Association. This Agreement is the entire agreement
between the parties, and supersedes all previous oral and written
representations, agreements and understandings between the parties with
respect to this transaction.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first above written.
ATTEST1:.,,
DV 16:t1T-E:-B,RL'2CK, Clerk BOARD OF COUNTY COMMISSIONERS
. COLLIER CP NTY FLORIDA
;' : -} .-' -, -. - i /
`---Tft, '-.: j.1M - . ' 1.■;:c By. , _ r■ __ .
C, Tom Henning, 01-irman
OAtteSt'
as C4
si 9 nstureonty.
Appr.1 ed as to form and legality:
Scott Stone
Assistant County Attorney
DISTRICT SCHOOL BOARD OF
COLLIER,c OUNTY, FLORIDA
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By: /SAC :.2�> ,l'/
Pat Carroll, Chair
ATT ST: 11)
1. Gli\-/L'
Kaitla Patton, Superintendent
Approved as form and legal sufficiency:
i') UV
Jon ishbane, School oard Attorney
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