Agenda 05/27/2014 Item #16E4 5/27/2014 16.E.4.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves and executes an
Agreement to provide funding to the Golden Gate Fire Control and Rescue District, a
Special District created by Laws of Florida, Chapter 77-535, as amended, for additional
firefighting equipment from revenue derived from the GAC Land Sales, in an amount not
to exceed $150,000, and approve a Budget Amendment to transfer the funds.
OBJECTIVE: For the Board to approve an Agreement between Collier County, a political
subdivision of the State of Florida (County), for funding from the GAC Land Sales (formerly
referred to as the GAC Land Trust) to the Golden Gate Fire Control and Rescue District, a
Special District created by Laws of Florida, Chapter 77-535, as amended ('District'), in order to
equip previously acquired vehicles with firefighting equipment.
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 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.
At the March 31, 2014 regular meeting of the GAC Land Sales Committee (Committee), the
District made a presentation to the Committee in which they requested funding in order to
furnish three previously acquired vehicles with firefighting equipment. At that meeting, the
Committee voted unanimously, 5 — 0, to provide the District with an amount not to exceed
$150,000 for the equipment.
Due to a lack of space to house the District's equipment at the existing fire stations, the newly
acquired apparatus may have to be located at the Beck Boulevard fire station. Though this
location is outside of the boundaries of Golden Gate Estates, it is imperative for the equipment
to be under shelter and there is room at this location. The benefit of this location is that the
apparatus will service that part of Golden Gate Estates in a quicker response time.
The Agreement has been reviewed and approved by the County Attorney's Office and a notice
of no objection has been obtained from Avatar Properties, Inc. as required by the 1983
Agreement.
FISCAL IMPACT: A total allocation of an amount not to exceed $150,000 shall be withdrawn
from Fund 605 Reserves and deposited into the appropriate Fund 605 operating account.
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth
Management Plan.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board action. — JAB
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5/27/2014 16.E.4.
RECOMMENDATION: That the Board of County Commissioners approves the attached
Agreement providing for funding in an amount not to exceed $150,000; authorize the Chairman
to execute the attached Agreement and authorize the necessary Budget Amendment.
PREPARED BY: Michael H. Dowling, Senior Property Management Specialist, Real Property
Management, Facilities Management Department.
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5/27/2014 16.E.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.4.
Item Summary: Recommendation that the Board of County Commissioners approves and
executes an Agreement to provide funding for additional firefighting equipment to the Golden
Gate Fire Control and Rescue District, a Special District created by Laws of Florida, Chapter 77-
535, as amended, from revenue derived from the GAC Land Sales, in an amount not to exceed
$150,000, and approve a Budget Amendment to transfer the funds.
Meeting Date: 5/27/2014
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities Management
5/1/2014 4:57:11 PM
Approved By
Name: CampSkip
Title: Director-Facilities Management, Facilities Management
Date: 5/2/2014 8:09:04 AM
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Division
Date: 5/8/2014 1:44:35 PM
Name: MottToni
Title: Manager-Property Acquisition & Const M. Facilities Management
Date: 5/12/2014 1:39:32 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 5/13/2014 9:48:45 AM
Name: PriceLen
Title: Administrator-Administrative Services,Administrative Services Division
Date: 5/13/2014 10:13:43 AM
Name: KimbleSherry
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5/27/2014 16.E.4.
Title: Management/Budget Analyst, Senior, Office of Manag
Date: 5/13/2014 2:18:06 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/14/2014 4:20:05 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 5/18/2014 1:20:25 PM
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5/27/2014 16.E.4.
AGREEMENT
THIS AGREEMENT made this day of , 2014 between the 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
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 (5150,000.00) 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.
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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.
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5/27/2014 16.E.4.
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 deteintined 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 Tamiami 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 reeme shall be of any force or effect unless made in writing and executed and dated by both
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parties.
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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:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
Torn Henning, Chairman
AS TO DISTRICT:
DATED:
ATTEST: GOLDEN GATE FIRE
CONTROL AND RESCUE DISTRICT
By:
Secretary Chairman
(print name) (print name)
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
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DowlingMichael
From: Dave Gomez[D.Gomez @avhomesinc.com]
Sent: Monday, April 14, 2014 12:31 PM
To: DowlingMichael
Subject: Re: GAO Land Trust
We are. Thank you.
[AV-Homes-AZ]
Dave Gomez ; Executive Vice President & General Counsel
8601 N. Scottsdale Rd.<x-apple-data-detectors://0> Ste.225 J Scottsdale AZ 85253<x-apple-data-
detectors://1/0>
o.480-214-7388<te1:480-214-7388> c.602-410-8259<te1:602-410-8259>
www.avhomesinc.com<http://www.vitaliahomes.coml>
On Apr 14, 2014, at 9:24 AM, "DowlingMichael"
<MichaelDowling0?colliergov.net<mailto:MichaelDowling( colliergov.net>> wrote:
Hi Dave,
The Golden Gate Fire Control and Rescue District has petitioned the GAO Land Trust for an amount not to
exceed 8150,000 from the trust to purchase equipment to retrofit some fire fighting trucks.
Is Avatar agreeable to that donation?
Thank you.
Michael
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