Agenda 05/24/2016 Item #16E 2 5/24/2016 16.E.2.
EXECUTIVE SUMMARY
Recommendation to approve and execute a Second Amendment to Agreement providing a 6 month time
extension to allow for the receipt and installation of equipment for the Greater Naples Fire District with
respect to funding by the GAC Land Trust.
OBJECTIVE: To obtain approval and execution of a Second Amendment to Agreement with the Greater Naples
Fire District approving an additional six(6)months to allow for the receipt and installation of equipment needed
for retrofitting firefighting vehicles.
CONSIDERATIONS: On November 15, 1983, Avatar Properties, Inc. (Avatar), and Collier County (County)
entered into an Agreement(1983 Agreement)that dedicated 1,061.5 acres of property in Golden Gate Estates to
the County. The dedication came with the stipulation that the land itself or money derived from the sale of the
land would be used by the County for purposes directly beneficial to the residents of Golden Gate Estates, i.e.,
fire and police protection facilities and services, public schools, libraries, and recreational facilities. The 1983
Agreement also provided that all capital improvements must be physically located within the geographical
boundaries of Golden Gate Estates.
On May 27, 2014, agenda item 16E4,the County approved an Agreement to provide funding in an amount not
to exceed $150,000 for the purchase and installation of equipment in order to retrofit fire fighting vehicles for
the Greater Naples Fire District, formerly known as Golden Gate Fire Control and Rescue District (District). A
copy of the Executive Summary and Agreement are attached for reference. The Agreement provided that all
funds be disbursed within twelve(12)months of the execution of the Agreement,which is July 14,2015.
At the March 30, 2015 GAC Land Trust Committee meeting, staff advised that the District requested an
extension to the Agreement in order to complete the retrofitting of the trucks. At that meeting, the Committee
voted 4-0 to recommend staff to submit an Amendment to the Agreement to the Board of County
Commissioners to extend the completion date for the receipt and installation of the equipment to July 31, 2016.
The Board approved that request on June 9,2015, item 16 E 1.
The District attended the March 21, 2016 GAC Land Trust Committee and requested a six-month extension in
order to complete the retrofitting of the trucks. There has been difficulty obtaining some of the equipment and
some requires custom fabrication. The Committee voted 5-0 to recommend a six-month extension to the Board
for approval.The new expiration date will be January 31,2017.
FISCAL IMPACT: The original Agreement approved by the Board on May 27, 2014, approved a total
allocation from GAC Trust Fund(605) of an amount not to exceed$150,000. A portion of the funding request
has been reimbursed,and the remainder of the funds remains in the referenced account.
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan.
LEGAL CONSIDERATION: This item is approved for form and legality and requires a majority vote for
Board approval. -JAB
RECOMMENDATION: That the Board of County Commissioners approves and authorizes its Chairman to
execute the attached Second Amendment to Agreement providing for a six-month extension.
PREPARED BY: Michael Dowling, Senior Property Management Specialist,Real Property Management,
Facilities Management Division
Attachments: 1) Second Amendment to Agreement
2)Amendment to the Agreement
3)Agreement
Packet Page-1079-
5/24/2016 16.E.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.2.
Item Summary: Recommendation to approve and execute a Second Amendment to
Agreement providing a time extension to allow for the receipt and installation of equipment for
the Greater Naples Fire District with respect to funding by the GAC Land Trust.
Meeting Date: 5/24/2016
Prepared By
Name: DowlingMichael
Title:Property Management Specialist, Senior,Facilities Management
4/20/2016 1:10:09 PM
Submitted by
Title:Property Management Specialist, Senior,Facilities Management
Name: DowlingMichael
4/20/2016 1:10:11 PM
Approved By
Name: LinguidiDennis
Title:Division Director-Facilities Mgmt,Facilities Management
Date: 4/28/2016 1:40:06 PM
Name: MottToni
Title: Manager-Property Acquisition&Const M,Facilities Management
Date: 4/29/2016 8:02:01 AM
Name: BelpedioJennifer
Title:Assistant County Attorney,CAO General Services
Date: 5/3/2016 11:30:00 AM
Name: PriceLen
Title: Department Head-Administrative Svc,Administrative Services Department
Date: 5/11/2016 8:52:48 AM
Packet Page -1080-
5/24/2016 16.E.2.
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/11/2016 1:20:48 PM
Name: WellsLaura
Title:Management/Budget Analyst, Senior,Office of Management&Budget
Date: 5/13/2016 4:15:24 PM
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 5/15/2016 10:24:25 PM
Packet Page-1081-
5/24/2016 16.E.2.
SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (Amendment) entered into this day
of , 2016, by and between GREATER NAPLES FIRE AND RESCUE
DISTRICT, formerly known as GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT, a
Special District created by Laws of Florida , Chapter 77-535, as amended (hereinafter
referred to as the "District"), whose mailing address is 14575 Collier Boulevard,Naples, Florida
34119, and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF
FLORIDA (hereinafter referred to as "County"), whose mailing address is do Real Property
Management, 3335 Tamiami Trail East, Suite 101,Naples,Florida 34112.
WITNESSETH
WHEREAS, the County and District have previously entered into an Agreement
dated May 27, 2014, and an Amendment to Agreement dated June 9, 2015, collectively herein
referred to as "Agreement," for the District to use funding derived from a 1983 Agreement
between Avatar Properties Inc., f/k/a GAC Properties for the purchase of firefighting apparatus
to retrofit existing trucks;and
WHEREAS, due to delays in the availability of the apparatus, the County and the
District are desirous of amending said Agreement to extend the District's expenditure deadline;
and
NOW THEREFORE, in consideration of the covenants and agreements provided
within the said Agreement, and Ten Dollars ($10.00) and other valuable consideration, the
Parties agree as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference herein,
2. Section 4 (c) of the Agreement, which is attached hereto and made a part hereof this
Amendment,is hereby amended as follows:
The Equipment shall be purchased by the District by July 31, 2016 January 31.,
2017. In the event that the Equipment is not purchased by the District by the
aforementioned date, it is understood and agreed by the parties that the District
shall refund and pay to County,within thirty (30) days of written notice to District,
any and all Funds which have been provided to the District pursuant to the
provisions of this Agreement.
3. Except as expressly provided herein, the said Agreement between the County and District
remains in full force and effect according to the terms and conditions contained therein, and said
terms and conditions are applicable hereto except as expressly provided otherwise herein.
Packet Page -1082-
5/24/2016 16.E.2.
IN WITNESS WHEREOF, the District and County have hereto executed this Second
Amendment to Agreement the day and year first above written.
AS TO DISTRICT:
DATED: GREATER NAPLES FIRE AND RESCUE
DISTRICT
ATTEST:
By:
Secretary Chairman
Print name Print name
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
DONNA FIALA,Chairman
Approved as to form and legality:
Jennifer A. Belpedio,Assistant County Attorney.y. c)) ^—0
Packet Page-1083-
I
5/24/2016 16.E.2.r
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT (Amendment) is entered into this 7 day of
* - e. , 2015, by and between GREATER NAPLES FIRE DISTRICT, formerly
known as GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT, a Special District created
by Laws of Florida , Chapter 77-535, as amended (hereinafter referred to as the "District"), whose
mailing address is 14575 Collier Boulevard, Naples, Florida 34119, and COLLIER COUNTY, A
POLITICAL SUBDIVISION OF THE STATE OF FLORIDA(hereinafter referred to as "County"),
whose mailing address is do Real Property Management, 3335 Tamiami Trail East, Suite 101, Naples,
Florida 34112.
RECITALS:
WHEREAS, the County and District have entered into an Agreement, dated May 27, 2014, for the
District to use funding derived from a 1983 agreement between Avatar Properties Inc., f/k/a/ GAC
Properties for the purchase of firefighting apparatus to retrofit existing trucks;and
WHEREAS, due to delays in the availability of the apparatus, the County and the District are
desirous of amending said Agreement to extend the District's expenditure deadline;and
NOW THEREFORE, in consideration of the covenants and agreements provided within the said
Agreement dated May 27, 2014 and Ten Dollars ($10.00) and other valuable consideration, the Parties
agree as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference herein.
2. Section 4(c)of the Agreement, which is attached hereto and made a part hereof this Amendment,is
amended as follows:
The Equipment shall be purchased by the District .. -
• •- - - - • • by July 31, 2016. In the event that the
Equipment is not purchased bythe District by the aforementioned date, it is
understood and agreed by the parties that the District shall refund and pay to
County, within thirty (30) days of written notice to District, any and all Funds
which have been provided to the District pursuant to the provisions of this
Agreement.
2. Except as expressly provided herein, the said Agreement between the County and District remains
in full force and effect according to the terms and conditions contained therein, and said terms and
conditions are applicable hereto except as expressly provided otherwise herein.
IN WITNESS WHEREOF, the District and County have hereto executed this Amendment to
Agreement the day and year first above written.
Signature Page to Follow
Packet Page-1084-
AS TO DISTRICT:
DATED: / la Di GREATER NAPLES FIRE DISTRICT
ATTE:
1,1r,7111111101111..m.• By:
Secretary Chai1156
P)A6 r
Print name Print name
AS TO COUNTY:
DATED: 6 - 9 - /
olr.ft b 1*'
BOARD OF COUNTY COMMISSIONERS
Clerk
WikAT$ BgOei,
„ . COLLIER COUNTY,FLORIDA
114
By: <00/0/a0tGe.,..,
4. MAIO \;*-*A—At,MAkabs:46
•'' itt#efokiiit's ,De utyk, -r Tim Nance,Chairman
•
signature only.
Approved as to form and legality:
5
Jenm er A. Belp-1; Assistant County Attorney
Packet Page-1085-
i
4
. .
- ,
04
AGREEMENT
THIS AGREEMENT made this 2 7 day of ,2014 between the GOLDEN
GATE FIRE CONTROL&RESCUE DISTRICT,a Special trict created
I� by Laws of Florida,
r Chapter 77-535, as amended, (hereinafter referred to as the "District") whose mailing address is
4741 Golden Gate Parkway,Naples,Florida 34116-6901 and COLLIER COUNTY,A POLITICAL
. SUBDIVISION OF THE STATE OF FLORIDA, whose mailing address is do Real Property
", Management 3335 Tamiami Trial East, Administration Building, Naples, Florida 34112 (hereinafter
° referred to as the"County").
ex:
_. WHEREAS, County has acquired 1,061.5 acres, located in Collier County, Florida (hereinafter
referred to as "Property"), from Avatar Properties Inc. f/k/a/GAC Properties Inc. in accordance with
the November 15, 1983 Agreement between Avatar Properties Inc. and Collier County, (hereinafter
referred to ens the"1983 Agreement");and
WHEREAS, pursuant to the 1983 Agreement, the Property deeded to the County and/or the
monetary proceeds acquired from the subsequent sale of said Property are to be used to provide
governmental facilities within and for the geographical area known as"Golden Gate Estates";and
WHEREAS, the County currently has funds derived from the use and/or sale of a portion of the
4 above-described Property;and
`j WHEREAS, the County has determined that a disbursement of a portion of said funds to the
District is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the
purposes of said 1983 Agreement by providing funds for purchasing equipment(`Equipment')to outfit
already acquired trucks by the District in order to have them operate as fire fighting apparatus;and
4
* WHEREAS,Avatar Properties Inc.has provided its consent on April 15,2014 to the County for
the use of funds derived from the sale of Property to acquire the Equipment.
1'..4
NOW THEREFORE, in consideration of the above recitals, which are incorporated herein and
made part of this Agreement,and in further consideration of the mutual covenants set forth below,and
other good and valuable consideration,acknowledged by the parties to be sufficient,just and adequate,
the parties hereto do agree as follows:
}- 1. The County hereby agrees to reimburse a maximum of One Hundred Fifty Thousand
Dollars $150,000 00 of the total funds to be ex ed b the District for
( ) P Y Purposes hereinafter stated,
a (hereinafter referred to as the"Funds"),in accordance with the terms and conditions of this Agreement,
k provided said Funds are to be used solely for the purpose of purchasing the necessary Equipment.
2. The District agrees and warrants that the Equipment purchased with the Funds shall be
- utilized solely by the District for the primary purposes of combating fires that may threaten the
residents and the area of Golden Gate Estates and said Equipment shall be based and stationed at
Station 71,located on 13th Street SW,Naples,Florida,or Station 72,located on 3820 Beck Boulevard,
1 Naples, Florida, or located at another station deemed necessary by the District in order to respond
o- quickly to emergencies within its boundaries. In addition, District agrees said Equipment shall be
made available to any and all fire districts located within the Golden Gate Estates area,so long as the
primary use is for fire control within those boundaries.
x
1
Yt
(I)
ak 1 Ct & ``r
Packet Page -1086-
5/24/2016 16.E.2.
R
c.
3. The District hereby agrees that the purchase of the Equipment has been or shall be in
accordance with all applicable bidding or other requirements for the procurement of property and
services as set forth in Chapter 287,Florida Statutes,and such other statutory provisions as may apply.
The District hereby agrees that the purchase of the Equipment shall be conducted in a manner
i consistent with the Board of County Commissioner's purchasing policy and in proper coordination
,, with the County's Purchasing Department prior to the ordering or receiving of any goods or services
r purchased under this Agreement. In the event of a conflict,the most strict provision shall apply.
4. Payment of the Funds for the Equipment shall be in accordance with the following
procedure:
i
a) After purchasing the Equipment by the District, the District shall deliver to Real Property
Management any and all invoices for said Equipment, clearly stating the purpose of said
invoices and indicating that the invoices have been paid in full.
t b) Within thirty (30)days after receipt and approval of the above-described documents and
s: verification that all invoices have been paid in full by the District, if not already provided, a
, check issued by the County for payment shall be prepared and made payable to the District and
shall be forwarded directly to the District by the County.In no way,shall the total amount to be
paid exceed$150,000.
2 c) The Equipment shall be purchased by the District within twelve (12) months of the
execution of the Agreement by both parties. In the event that the Equipment is not purchased
by the District within twelve (12) months from the execution of this Agreement, it is
understood and agreed by the parties that the District shall refund and repay to County,within
thirty (30) days, any and all Funds which have been provided to the District pursuant to the
provisions of this Agreement.
1 d) If the District obtains any monies as a gift, contribution or reimbursement, through any
grant program, pertaining to theurchase of said
p Equipment, such gift, contribution or
F reimbursement shall be, within ten (10)days of receipt by District, forwarded to the Board of .
County Commissioners for deposit into the GAC Land Trust Account as reimbursement of
`s Funds provided for by this Agreement. District agrees to prepare and submit the appropriate
grant applications whereby verification of such application,and its approval or denial,shall be
provided to the County within thirty(30)days of submittal and/or receipt.
e) The District covenants and agrees that upon the payment of all or any portion from the
Funds in accordance with the obligation contained in this Agreement it shall be the further
;? obligation of the District to pay any remaining balance required to complete the purchase of the
4 Equipment.
5. The District covenants and agrees that this Agreement is solely between the County and
P-' the District and,although the County shall reimburse the District for all or only a portion of the Funds
§' on behalf of the District, the County shall have no direct or indirect liability to any vendors of the
Equipment or any other third party resulting from this Agreement.
j
,it
y
'
(21)
- -Packet Page -1087--
f. 6. District agrees to protect,defend, indemnify and hold the County harmless from any and
all claims,actions, causes of action or liabilities including attorney's fees and costs arising from or in
. any way connected with the use of the Funds or the selection, purchase, delivery or use of the
Equipment,its agents,employees,or in any way related to the use of the Equipment by the District, its
agents,employees or any third party.
k
7. The District understands and agrees that the Funds to be provided to the District in
accordance with the terms of this Agreement have been derived from and are being
' the sale and/or use of aportion of the Property providedtsolely for
` conveyed to the County pursuant to the 1983
Agreement administered and managed by the County for the GAC Land Trust and that such Funds are
0 currently in County Fund 605-122390 (The GAC Trust Land Sales Fund). The District further
understands and agrees that no ad valorem taxes, revenues or moneys form other sources have been
committed or will be committed by the Collier County Board of County Commissioners for the
' purposes set forth in this Agreement.
,,
8. In the event that the Equipment ceases to be utilized by the District as described in
Paragraph 2,or if the Equipment ceases to be used in accordance with the terms of this Agreement,the
District agrees that the District shall
8pay to the County, within thirty(30)days,an amount equal to the
fair market value of the Equipment as of the date the Equipment ceases to be used by the District as
r described in Paragraph 2 or the date the Equipment cannot to be used in accordance with this
Agreement. The fair market value shall be determined by a third party,selected by the County,who is
determined to be qualified to establish the valuation of the Equipment, If the District renders the
Fg
Equipment as obsolete or non-functional as a result of use and/or age or newer technology,the District
will be allowed to trade-in or sell theui ment and use any p proceeds towards any future equipment or
supplies that would benefit the residents of Golden Gate Estates.
9. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
1
1 10. Any notice required by this Agreement shall be addressed to the parties at the address set
Gt forth below:
F
sIF TO THE COUNTY:
3 Collier County
c/o Real Property Management
3335 Tamiami Trail East
4 Naples,Florida 34112
IF TO THE DISTRICT:
Golden Gate Fire&Rescue District
: 14575 Collier Boulevard
Naples,Florida 34119
k'
12. This Agreement represents the entire Agreement between the parties, and no promise,
representation, warranty or covenant not included in this Agreement or any such referenced
agreements has been or is being relied upon by either party. No modification or amendment of this
Agreement shall be of any force or effect unless made in writing and executed and dated by both
Yah parties.
•
(a)44
Packet Page -1088- -__
,�T.�_r- --- n 5/24/2016 16.E.2..
0
a
t
%
4 IN WITNESS WHEREOF,District and County have caused this A
day and year first above written. Agreement to be duly executed on the
COUNTY:.,.,
DAA "yam
ATTEST:/,';.•� _'`"' °�,
f." DWIOI 'E
BOARD OF COUNTY COMMISSIONERS
c �.�cP � �; COLLIER COUNTY,FLORIDA
4 ‘ii - r
a 'conly.s�3t+ Tom Henning,C an
/
in
AS TO ' : 'ICT:
DA . r: / j
A ST: GOLDEN GATE FIRE
CONTRO AND •it V E STRICT
4 S- tary By:
C an
Davcfl 611014 6. 6 iiii
(print name) eiVikt;
int name)
4
1
0
Approved as to form and legality:
g ty:
Jenni A. Belpedi ¢
Assistant County Att ey �,}4\\
4
i
i4
i
ii1
i
1
}
1f,
It
Packet Page-1089-
5/24/2016 16.E.2.
d1
•
AGREEMENT
THIS AGREEMENT made this .21 day of , 2014 between the GOLDEN
GATE FIRE CONTROL & RESCUE DISTRICT, a Special strict created by Laws of Florida,
Chapter 77-535, as amended, (hereinafter referred to as the "District") whose mailing address is
4741 Golden Gate Parkway, Naples, Florida 34116-6901 and COLLIER COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA, whose mailing address is c/o Real Property
Management 3335 Tamiami Trial East, Administration Building, Naples, Florida 34112 (hereinafter
referred to as the "County").
WHEREAS, County has acquired 1,061.5 acres, located in Collier County, Florida (hereinafter
referred to as "Property"), from Avatar Properties Inc. f/k/a/ GAC Properties Inc. in accordance with
the November 15, 1983 Agreement between Avatar Properties Inc. and Collier County, (hereinafter
referred to as the "1983 Agreement"); and
WHEREAS, pursuant to the 1983 Agreement, the Property deeded to the County and/or the
monetary proceeds acquired from the subsequent sale of said Property are to be used to provide
governmental facilities within and for the geographical area known as "Golden Gate Estates"; and
WHEREAS, the County currently has funds derived from the use and/or sale of a portion of the
above-described Property; and
WHEREAS, the County has determined that a disbursement of a portion of said funds to the
District is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the
purposes of said 1983 Agreement by providing funds for purchasing equipment( Equipment') to outfit
already acquired trucks by the District in order to have them operate as fire fighting apparatus; and
WHEREAS, Avatar Properties Inc. has provided its consent on April 15, 2014 to the County for
the use of funds derived from the sale of Property to acquire the Equipment.
NOW THEREFORE, in consideration of the above recitals, which are incorporated herein and
made part of this Agreement, and in further consideration of the mutual covenants set forth below, and
other good and valuable consideration, acknowledged by the parties to be sufficient,just and adequate,
the parties hereto do agree as follows:
1. The County hereby agrees to reimburse a maximum of One Hundred Fifty Thousand
Dollars ($150,000.00) of the total funds to be expended by the District for purposes hereinafter stated,
(hereinafter referred to as the "Funds"), in accordance with the terms and conditions of this Agreement,
provided said Funds are to be used solely for the purpose of purchasing the necessary Equipment.
2. The District agrees and warrants that the Equipment purchased with the Funds shall be
utilized solely by the District for the primary purposes of combating fires that may threaten the
residents and the area of Golden Gate Estates and said Equipment shall be based and stationed at
Station 71, located on 13th Street SW, Naples, Florida, or Station 72, located on 3820 Beck Boulevard,
Naples, Florida, or located at another station deemed necessary by the District in order to respond
quickly to emergencies within its boundaries. In addition, District agrees said Equipment shall be
made available to any and all fire districts located within the Golden Gate Estates area, so long as the
primary use is for fire control within those boundaries.
Packet Page-1090-
I
5/24/2016 16.E.2.
3. The District hereby agrees that the purchase of the Equipment has been or shall be in
accordance with all applicable bidding or other requirements for the procurement of property and
services as set forth in Chapter 287, Florida Statutes, and such other statutory provisions as may apply.
The District hereby agrees that the purchase of the Equipment shall be conducted in a manner
consistent with the Board of County Commissioner's purchasing policy and in proper coordination
with the County's Purchasing Department prior to the ordering or receiving of any goods or services
purchased under this Agreement. In the event of a conflict,the most strict provision shall apply.
4. Payment of the Funds for the Equipment shall be in accordance with the following
procedure:
a) After purchasing the Equipment by the District, the District shall deliver to Real Property
Management any and all invoices for said Equipment, clearly stating the purpose of said
invoices and indicating that the invoices have been paid in full.
b) Within thirty (30) days after receipt and approval of the above-described documents and
verification that all invoices have been paid in full by the District, if not already provided, a
check issued by the County for payment shall be prepared and made payable to the District and
shall be forwarded directly to the District by the County.In no way, shall the total amount to be
paid exceed $150,000.
c) The Equipment shall be purchased by the District within twelve (12) months of the
execution of the Agreement by both parties. In the event that the Equipment is not purchased
by the District within twelve (12) months from the execution of this Agreement, it is
understood and agreed by the parties that the District shall refund and repay to County, within
thirty (30) days, any and all Funds which have been provided to the District pursuant to the
provisions of this Agreement.
d) If the District obtains any monies as a gift, contribution or reimbursement, through any
grant program, pertaining to the purchase of said Equipment, such gift, contribution or
reimbursement shall be, within ten (10) days of receipt by District, forwarded to the Board of
County Commissioners for deposit into the GAC Land Trust Account as reimbursement of
Funds provided for by this Agreement. District agrees to prepare and submit the appropriate
grant applications whereby verification of such application, and its approval or denial, shall be
provided to the County within thirty(30)days of submittal and/or receipt.
e) The District covenants and agrees that upon the payment of all or any portion from the
Funds in accordance with the obligation contained in this Agreement it shall be the further
obligation of the District to pay any remaining balance required to complete the purchase of the
Equipment.
5. The District covenants and agrees that this Agreement is solely between the County and
the District and, although the County shall reimburse the District for all or only a portion of the Funds
on behalf of the District, the County shall have no direct or indirect liability to any vendors of the
Equipment or any other third party resulting from this Agreement.
Packet Page -1091-
5/24/2016 16.E.2.
6. District agrees to protect, defend, indemnify and hold the County harmless from any and
all claims, actions, causes of action or liabilities including attorney's fees and costs arising from or in
any way connected with the use of the Funds or the selection, purchase, delivery or use of the
Equipment, its agents, employees, or in any way related to the use of the Equipment by the District, its
agents, employees or any third party.
7. The District understands and agrees that the Funds to be provided to the District in
accordance with the terms of this Agreement have been derived from and are being provided solely for
the sale and/or use of a portion of the Property conveyed to the County pursuant to the 1983
Agreement administered and managed by the County for the GAC Land Trust and that such Funds are
currently in County Fund 605-122390 (The GAC Trust Land Sales Fund). The District further
understands and agrees that no ad valorem taxes, revenues or moneys form other sources have been
committed or will be committed by the Collier County Board of County Commissioners for the
purposes set forth in this Agreement.
8. In the event that the Equipment ceases to be utilized by the District as described in
Paragraph 2, or if the Equipment ceases to be used in accordance with the terms of this Agreement,the
District agrees that the District shall pay to the County, within thirty(30) days, an amount equal to the
fair market value of the Equipment as of the date the Equipment ceases to be used by the District as
described in Paragraph 2 or the date the Equipment cannot to be used in accordance with this
Agreement. The fair market value shall be determined by a third party, selected by the County, who is
determined to be qualified to establish the valuation of the Equipment. If the District renders the
Equipment as obsolete or non-functional as a result of use and/or age or newer technology, the District
will be allowed to trade-in or sell the equipment and use any proceeds towards any future equipment or
supplies that would benefit the residents of Golden Gate Estates.
9. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
10. Any notice required by this Agreement shall be addressed to the parties at the address set
forth below:
IF TO THE COUNTY:
Collier County
c/o Real Property Management
3335 Tamiarni Trail East
Naples,Florida 34112
IF TO THE DISTRICT:
Golden Gate Fire & Rescue District
14575 Collier Boulevard
Naples, Florida 34119
12. This Agreement represents the entire Agreement between the parties, and no promise,
representation, warranty or covenant not included in this Agreement or any such referenced
agreements has been or is being relied upon by either party. No modification or amendment of this
Agreement shall be of any force or effect unless made in writing and executed and dated by both
parties.
Packet Page-1092- '�.0
k
. 5/24/2016 16.E.2.
IN WITNESS WHEREOF, District and County have caused this Agreement to be duly executed on the
day and year first above written.
AS TO COUNTY:
DATED: , =2- / V
ATTEST. '': "-�` BOARD OF COUNTY COMMISSIONERS
DWIGHT E ,BROC14, Click COLLIER COUNTY, FLORIDA
r."--). Y �'. -.; r
B
i3 !�4-11,11" :`4A14.114<<r
4 Sii,„„' ir �
Tom Henning, C man
signature`oniy, 1 /
AS TO II : TCT:
DAT 0: =7
A ST:/ GOLDEN GATE FIRE
1 CONTRO AND ' gr UE •,STRICT
it V
War By: ._ .�. I
S-cretary Ch. 'man
DaVtd advna
(print name) print name)
Approved as to form and legality:
Jenni A. Belpedi q_
Assistant County Atto ey tk\��-``
0
Packet Page-1093-
®