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Agenda 03/25/2014 Item #16E2 3/25/2014 16.E.2. EXECUTIVE SUMMARY Recommendation to accept the donation of four and one half (4.5) acres of land by Avatar Properties, Inc. (formally known as GAC Properties, Inc.) to Collier County for the Sheriff's Office use as a gun range, pursuant to the 1983 Agreement with Collier County for government facilities within Golden Gate Estates. OBJECTIVE: To acknowledge use of property as a gun range by the Sheriff's office. CONSIDERATIONS: On November 15, 1983, Avatar Properties Inc., and Collier 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 Board 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. Since 1990, the Sheriffs Office has utilized 4.5 acres of vacant land held in the GAC Land Trust as a gun range. This property is along Oil Well Grade Road and 70th Avenue NE (Land). With GAC Land Trust funding, the Board of County Commissioners ('Board') purchased the adjacent 2.27 acres to the west of the gun range in 1991, and in 1992, also purchased an additional 2.73 acres to the west of the aforementioned parcel in order to add to the original acreage. The gun range is not only used by the Sheriff's Office, but also used by the public on scheduled days for gun practice. At the July 29, 2013 GAC Land Trust Advisory Board ('Committee') meeting, the Committee voted unanimously to recommend the transfer of the Land (Tract 80, Unit 43) to Collier County. The attached location map shows the Land and the adjacent County-owned properties. The Committee has requested that the Land continue to be used by the Sheriff's Office and if the gun range should become obsolete in the future, that the Land continue to be used by the Sheriffs Office for another use in order to maintain a law enforcement presence in that area of Golden Gate Estates. If the Land should not be needed by the Sheriff's Office in the future, the County may offer the Land to another County agency whose use of the Land will be beneficial to the residents of Golden Gate Estates. Pursuant to the 1983 Agreement, Avatar has provided a notice of no objection for this transfer, which is attached. FISCAL IMPACT: There are no costs associated with this transaction. GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The November 15, 1983 Agreement allows the property to be used as a police facility. A transfer of property is not required for the property to be used by the Sheriff Office. Section 122-202 (b)(7)(a) of the Code of Laws and Ordinances refers to Fund 605 as the "GAC Trust Fund- Land Sales." This fund is not a legal trust fund but is simply a dedicated revenue fund. This item has beer approved for form and legality and requires a majority vote for Board approval. - JAB RECOMMENDATION: That the Board of County Commissioners acknowledges the use of the property. PREPARED BY: Michael H. Dowling, Senior Property Management Specialist, Real Property Management/Facilities Management Department Packet Page -1254- 3/25/2014 16.E.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.E.2 Item Summary: Recommendation to acknowledge the Sheriffs use as a gun range four and one half acres donated to Collier County by Avatar Properties,Inc. (formally known as GAC Properties, Inc.) under a 1983 Agreement with Collier County for government facilities within Golden Gate Estates. Meeting Date: 3/25/2014 Prepared By Name: dowling_m Title: Property Management Specialist, Senior,Facilities Management Approved By Name: MottToni Title:Manager-Property Acquisition& Const M,Facilities Management Date: 2/27/2014 4:27:38 PM Name: CampSkip Title: Director-Facilities Management,Facilities Management Date:2/27/2014 5:16:49 PM Name: pochopinpat Title:Administrative Assistant, Administrative Services Division Date: 3/4/2014 9:07:10 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior. Grants Management Office Date: 3/6/2014 1:55:40 PM Name: DowlingMichae Title:Property Management Specialist. Senior,Facilities Management Date: 3/11/2014 12:52:17 PM Name: PriceLen Title: Administrator-Administrative Services,Administrative Services Division Date: 3/12/2014 3:31:02 PM Packet Page -1255- 3/25/2014 16.E.2. Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 3/12/2014 4:27:55 PM Name: PryorCheryl Title:Management/Budget Analyst, Senior, Office of Manag Date: 3/13/2014 10:40:53 AM Name: KlatzkowJeff Title: County Attorney, Date: 3/13/2014 3:57:30 PM Name: ochs_l Title: County Manager, County Managers Office Date: 3/14/2014 3:17:35 PM Packet Page -1256- S Sy: "'•, _-• ._y•,.- " ��.•' r. '.`.���=a s"'_`• _-+."t",a•�'_..-,��r_.' .�__-, _•:. -'• _ ...- 3/25/2014 16 .E A4'.2. , :. a. ''•_y ~ t- �?• ^- �, `e:-_ _ - ' ;rte";pr ;y: 3/25/2014 16.E.2. AN From: Dave Gomez [D.Gomez @avhomesinc.com] Sent: Tuesday, February 04, 2014 1 :39 PM To: DowlingMichael Subject: RE: Collier County Government Avatar has no objection to the transfer of the land for the Sheriff' s use. Dave Gomez 1 Executive VP & General Counsel 8601 N. Scottsdale Rd. Ste.225 1 Scottsdale AZ 85253 0. 480-214-7388 0.602-410-8559 www.avhomesinc.com Original Message From: DowlingMichael [mailto:MichaelDowling @colliergov.net] Sent: Tuesday, February 04, 2014 10:51 AM To: Dave Gomez Subject: RE: Collier County Government Hi David, Thank you for getting back to me so quickly. Attached is the letter and the agreement. This is land that the Sheriff's Office has used for over 20 years and the County also purchased the two 5 acres adjacent to this lot for a 'buffer' for the gun range. The GAO Land Trust Committee would like to donate it to the County for the Sheriff's use. Thank you, Michael NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone 863-427-7081 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to the prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. 0 Packet Page -1258-