Agenda 05/27/2014 Item #16E3 5/27/2014 16.E.3.
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution and approve an Interlocal Agreement with the
District School Board of Collier County, Florida (District) and the Board of County
Commissioners (County) relating to an exchange of properties that enabled the
construction of the Golden Gate High School (GGHS),Project 80039.
OBJECTIVE: Exchange of properties between the District and County to memorialize a verbal
agreement.
CONSIDERATIONS: CONSIDERATIONS: The Interlocal Agreement provides for a land
swap exchange between the County and the District, whereby the County will receive from the
District a 3 acre strip of land located to the north of Palmetto Ridge High School to be developed
in connection with a public park, in exchange for the County conveying to the District a 3 acre
strip of land located to the north of GGHS that was used as a gopher tortoise preserve during the
construction of the GGHS to enable District to satisfy preserve requirements under the LDC.
The properties will be exchanged via Statutory Deeds. The sites are identified on Exhibits "A"
& "B" of the Interlocal Agreement. The subject properties have been appraised and have an
equal value of approximately $118,500. The District approved the exchange at their Regular
Meeting held on April 8, 2014.
FISCAL IMPACT: The cost of recording the Statutory Deed will not exceed $20 and funds are
available in the Big Corkscrew Island Park project 80039, in the Unincorporated Community and
Regional Park Impact Fee Fund (346).
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires a majority vote for Board approval. SAS
GROWTH MANAGEMENT IMPACT: The conveyance of these facilities is consistent with
the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners adopts the attached
Resolution, approves the attached Interlocal Agreement and Statutory Deed, authorizes the
Chairman to sign all documents on behalf of the County. approves the exchange of Statutory
Deeds and authorizes the County Manager or his designee to proceed to follow all appropriate
closing procedures and to record the Statutory Deed in the Public Records of Collier County,
Florida.
Prepared By: Toni A. Mott, Manager, Real Property Management, Facilities Management
Department
Attachments: l) Resolution
2) Interlocal Agreement
3) Statutory Deed
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5/27/2014 16.E.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.3.
Item Summary: Recommendation to adopt a Resolution and approve an Interlocal
Agreement with the District School Board of Collier County, Florida (District) and the Board of
County Commissioners (County) relating to an exchange of properties that enabled the
construction of the Golden Gate High School (GGHS), Project 80039.
Meeting Date: 5/27/2014
Prepared By
Name: MottToni
Title: Manager-Property Acquisition R.Const M, Facilities Management
5/2/2014 8:19:24 AM
Submitted by
Title: Manager-Property Acquisition R.Const M,Facilities Management
Name: MottToni
5/2/2014 8:19:25 AM
Approved By
Name: WilliamsBarry
Title: Director-Parks& Recreation. Parks &Recreation
Date: 5/2/2014 10:04:36 AM
Name: CampSkip
Title: Director- Facilities Management,Facilities Management
Date: 5/2/2014 10:18:49 AM
Name: CarnellSteve
Title: Administrator-Public Services,Public Services Division
Date: 5/2/2014 10:44:53 AM
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Division
Date: 5/2/2014 10:45:01 AM
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5/27/2014 16.E.3.
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 5/5/2014 8:30:15 AM
Name: PriceLen
Title: Administrator-Administrative Services, Administrative Services Division
Date: 5/12/2014 4:29:12 PM
Name: UsherSusan
Title: Management/Budget Analyst. Senior, Office of Management&Budget
Date: 5/12/2014 6:08:41 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/14/2014 3:45:17 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 5/18/2014 12:45:16 PM
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5/27/2014 16.E.3.
RESOLUTION 2014 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF I
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 satisC the `topher tortoise preserve requirements under
LDC Section 3.04.02 which facilitated the construction of the Golden Gate I iitth School: and
WHEREAS. County is the owner of that certain parcel of real property legally described
on Exhibit "A" of the intcrlrrea1 Agreement attached hereto and made _a part hereof (County
Property); and
WHFRIiiiS, the District has ben utilizing the County Property to satisfi the ygopher"
tortoise preserve requirement under IJ)C Section 3.' 4.02, 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 rty ideally
described on Exhibit "3" of the Interlocal Agreement attached hereto and Brad. a part hereof
(School Property); and
WHEREAS, the County will utilize the School Property for it future Parks and Recreat
?n
iarolect to be determined by County stair_ and
WHEREAS, the. Board at County Commissihners, in accordance with Section 12a.8
I lolida Statutes; is satisfied that the Count,? Property is required for use by the District and is not
needed for County purposes
NOW 1 III:REEORL. DE I I R SOI TID then:
1. The Board of COt,n s Commissioners hereby approves the _..'_shed I'lte,ir?cal
Actreement between Collier County and the Distict School Board of Collier ( aunt;'.
i
2. The Board of Cecrnt'v Commissioners hereby directs and authorittes its Chairman, on
behalf of this Board, to execute the I nterlocal Attreernent attached hereto, and hereby pproves
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5/27/2014 16.E.3.
the exchange of properties described therein and any acts needed to Fulfill the terms and
conditions of the attached Inter local Agreement.
This Resolution adopted this day of 7014 after motion, second
and majority vote.
1
ATTEST:
DWIGHT E. KROCK. CLERK BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: BY:
Deputy Clerk TOM HENNING, Chairman
Approved as to form and legality:
Scot: Stone
Assistant County Attorney
Anuchments: Exhibit A — Legal Description, County Property
Exhibit B — Legal Descriptici:. School Property
cl'I1-stnp.-ozEt.67.9
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5/27/2014 16.E.3.
INTERLOCAL AGREEMENT
(3 Acre Swap- Golden Gate/Paln-letto Ridge)
THIS INTERLOCAL AGREEMENT (this "Agreement") is made and entered into this
of , 2014 by and between COLLIER COUNTY, FLORIDA,
a political subdivision 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 abo e re tr!
and correct.
2. Land Exchange & Appraisals. The parties aaree 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
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5/27/2014 16.E.3.
io the County by a Statutory Deed and the amount of land conveyed between
the parties snail 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, aria 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 n,eaatiate 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 careen-lent
between the parties, and supersedes all previ ous oral and
written
representations, agreements and understandings between the parties with
respect to this transaction.
Packet Page -1721-
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5/27/2014 16.E.3.
IN WITNESS WHEREOF, the parties hereto have caused this Aareement to be
executed by their appropriate officials, as of the date first above written.
ATTEST:
DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk Tom Henning, Chairman
Approved as to form and legality:
Scott Stone
Assistant County Attorney
DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA
By
Pat Carroll, Chair
ATTST:1\ar
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V\cti cx`6—H
Karkiela Patton, Superintendent
Approved asito form and legal sufficiency:
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Jon r\ishbane, School\Board Attorney
Packet Page -1722-
5/27/2014 16.E.3.
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Packet Page -1724-
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5/27/2014 16.E.3.
INTERLOCAL AGREEMENT
(3 Acre Swap-Golden Gate/Palmetto Ridge)
THIS INTERLOCAL AGREEMENT (this "Agreement") is made and entered into this
of , 2014 by and between COLLIER COUNTY, FLORIDA,
a political subdivision 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
Packet Page -1725-
5/27/2014 16.E.3.
to the County by a Statutory Dped and the amount of and conveyed between
the parties shall be considered an acre for acre exchange (the "Closing"). Each
party shall be responsible for its own costs arid 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.
Packet Page -1726-
5/27/2014 16.E.3.
11‘,I YAVITNESS WHEREOF, fn,e parties hyereto have caused this Agreement to be
executed by their appropriate officials, as of the date first above written.
ATTEST:
DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk Tom Henning, Chairman
Approved as to form and legality:
Scott Stone
Assistant County Attorney
DISTRICT SCHOOL BOARD OF
COLLIER„cOUNTY, FLORIDA
(
By !%-.7..7(: _1,7/
Pat Carroll, Chair
ATTEST: r,
V4IA.1*-66,.A CA,
Karinela Patton, Superintendent
Approved ast,to form and legal sufficiency:
Jon iFishbane, School Board Attorney
Packet Page 4727-
5/27/2014 16.E.3.
EXHIBIT A
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EXHIBIT B
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Packet Page -1729-
___
5/27/2014 16.E.3.
PROJECT: 3 acre swap
• STATUTORY DEED
THIS STATUTORY DEED, made this day of , 2014, by COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is
3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, (hereinafter called the
Grantor), to THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, a
statutory unit of the State of Florida, whose post office address is 5775 Osceola
Trail, Naples, FL 34109, (hereinafter called the Grantee).
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, successors or assigns.)
WITNESSETH that the Grantor, for and in consideration of the sum of Ten
Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby
acknowledged, does hereby grant, bargain and sell unto the Grantee, the following
described land lying and being in Collier County, Florida:
See Attached Exhibit"A", which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
IN WITNESS WHEREOF the said Grantor has caused these presents to be
executed by its Board of County Commissioners acting through its Chairman, the day
and year aforesaid.
ATTEST:
DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk Tom Henning, Chairman
Approved as to form and legality:
Yn
Scott Stone
Assistant County Attorney
Packet Page -1730-
5/27/2014 16.E.3.
EXHIBIT' A
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,Q i Packet Page -1731-
5/27/2014 16.E.3.
PROJECT: 3 acre swap
STATUTORY DEED
THIS STATUTORY DEED, made this day of , 2014, by THE DISTRICT
SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, a statutory unit of the State of
Florida, whose post office address is 5775 Osceola Trail, Naples, FL 34109, (hereinafter
referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of
Florida, its successors and assigns, whose post office address is 3335 Tamiami Trail East,
Suite 101, Naples, Florida, 34112 (hereinafter referred to as"Grantee").
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, successors or assigns.)
WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars,
($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, does
hereby grant, bargain and sell unto the Grantee, the following described land lying and being in
Collier County, Florida:
See Attached Exhibit"A",which is incorporated herein by reference.
• Subject to easements, restrictions, and reservations of record.
IN WITNESS WHEREOF the said Grantor has caused these presents to be executed by
its Board of County Commissioners acting through its Chairman , the day and year aforesaid.
DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA.
By.
Pat Carroll, Chair
FIRST WITNESS (Signature)
(Print Name)
SECOND WITNESS (Signature)
(Print Name)
STATE OF
COUNTY OF
The foregoing Statutory Deed was acknowledged before me this day of
2014, by Pat Carroll, Chair, on behalf of the District School Board of Collier
County, Florida. She is personally known to me or who has produced
as identification.
(Affix notarial seal) _
(Signature of Notary)
(Print Name of Notary)
Commission#
My Commission Expires:
Approved as to form and legal sufficiency:
Jon Fishbane, School Board Attorney
i
ICAO;
Packet Page -1732- 7
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