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GGELTC Agenda 02/26/2018AGENDA Golden Gate Estates Land Trust Committee Monday, February 26, 2018 5:30 p.m. Greater Naples Fire Rescue District Station 73 100 13th Street SW Committcc Nlembers Chairman: Mark Fillmore Vice-Chairman: Annette Kniola Member: Pat Humphries Member: Jeff Curl Member: Carol Pratt Countv Staff Michael Dowling: Collier County Real Property Management l. Call to order 2. Approval of current agenda 3. Approval of the Minutes for the meeting of December 18,2017 4. Treasurer's Report 5. Bus shelter 6. Randall Curve Property RLS and County Attorney's Opinion 7. Use of GAC / County Property for Transportation Project 8. Other business 9. Public Comment 10. Next meeting - April 201 8 GAC Fund 605 - Treasurer's Report FY -2016 tZ0l7 Cash Activity Updated: February 26,2018 CASH Be ginning Cash Balance as ofOctober l, 2017 $ 874,310.10 Cash Transactions lnterest postings First Quarter S r,395.80 Interest postings Second Quarter S 2,777.46 Interest postin gs third Quarter Interest ostings First Quarter S 4,173.26 Miscellaneous Charges CASH EXPENDITURES $ 878,483.36 TOTAL CASH AVAILABLE $878,483.36 ASSETS GAC Inventory (Reserved) ESTIMATE Undetermined GAC Inventory (Available) ESTIMATE Undetermined ASSETS S TOTAL AVAILABLE CASH & ASSETS $ 878,483.36 TOTAL INTEREST FOR FISCAL YEAR: ITEM NO.: FILE NO.: ROUTED TO: DATE RECEIVED: REAUEST FOR TEGAL.SERVICES Dole:JDne 19, 2Ol7 To Jennifer A. Belpedio, Assislonl Counly Atlorney Otfice of lhe Counly Atlorney From:Sue Zimmermon, Plonner Solid & Hozordous Wosle Monogement; Exi.2622 Re:GAC - Rondoll Curve Properly - Revision to RtS l7-RPR-02954 Bockground: We hove been osked 1o review the documents reloiing lo the Counly- owned porcel commonly referred to os the Rondoll Curve Property ond to evoluote lhe property in developing o move forword plon with options for potenliol uses for this property. We believe thot our first steps include the review of oll of the title documenls reloting to this porcel, os well os locol codes ond ordinonces ond stote stotutes thol could impoct thot title. We noie thot there wos o prior RLS submilted by Reol Properly (RLS l7-RPR- 02954) which you recently responded to stoting thoi the property moy be sold ond the proceeds used to fund Big Corkscrew lslond Regionol Pork. Bosed on my review of the otloched documents, I believe thot is portiolly occurote, but we would like to hold thot response to be confirmed ond possibly exponded on upon your completion of this revised RLS submiitol. Once we determine who owns the properly, who con benefit from the properly, who hos rights to the property, whot restriclions remoin on the property, etc.. then we believe we con move 1o the nexl step to evoluote the zoning, environmentol conditions, volue, etc. of the lond to develop options for potentiol uses. Documenls for review: l. 1983 Agreement between County ond Avotor Properties, lnc. f/k/o GAC Properties lnc. (1he "Compony") with exhibils; 2. 1989 Amendment to obove Agreemenl; 3. 1990 Amendmenl to obove Agreemenl; 4. Chopter 122 - Speciol Districts of County Code of Ordinonces with copies of underlying Ordinonces; 5. Worronly Deed from the Compony 1o the Counly doted August 8, 1984 ond recorded .June 30, 1988 for the subject porcels ond others pursuont 1o the 1983 ogreement ond sub.iect to the reverter provisions, reservotion of OGMR ond other provisions of thot Agreement; 6. Executive Summory from June 2002; Z. Reverter Dischorge & Releose from lhe Compony os to ihe porlion of Troci A being sold 1o the County for Tronsporlotion recorded 7126/2002: 8. Stotutory Deed from the County (os Trustee of the GAC Lond Trust) to the County {for lhe benefit of Tronsporlotion) for o portion of Troct A recorded 7 /26/2002: 9. Executive Summory from September 2005; lO. The Compony's Reverler Dischorge & Releose for oll of lhe Rondoll Curve porcel doted Augusl 22,2OOS ond recorded 11/16/2005; I ). Stotutory Deed from the County {os Truslee of the GAC Lond Trusl) io the County for lhe benefit of Porks ond Rec - for zero considerolion, with lhe recitolion lhol il should be used solely by the Gronlee for lhe primorv purpose of providinq o "neiqhborhood oork in GGE."Pleose review oddiiionol longuoge in thol porogroph os well. 12. Correciive Slotutory Deed from the County to lhe County correcling the legol description to less oul the portion sold 'lo lhe County for Tronsportotion; 13. Correclive Stotutory Deed from the Couniy to the Counly correcting the legol of whot wos tronsferred for benefit of Tronsporlolion; 14. Proposed Mutuol Terminolion Agreemenl between the Compony ond the County which hos been senl 1o ihe Compony but not yet signed; ]5. Copy of Morch 10,2017 RLS from Reol Property ond your emoil of Moy 26,2017: ond I 5. Copy of F.S. 689.I 8 re Reverter or forfellure provisions, limiiotions, exceptions. ACTION REQUESTED: Pleose review the otloched documents, stotutes, etc. provided ond provide o legol opinion oddressing the following: A. Pleose reseorch F.S. 689.18 (onnototed, cose low, etc.) ond confirm whether bosed on stotule ond prior documenls signed by the Compony, ore there ony reverter, forfeiture provisions, limitolions or exceptions in effeci over ony of the propertles conveyed io the Counly by the I 988 Worronly Deed from ihe Compony, but specificolly os to ihe Rondoll Curve Property? B. Bosed on lhe documents of record, including, but nol limited to, the 1983 Agreement ihot terminoted os of December 31, l986 except for the provisions of Porogroph 10, the two subsequent omendments, the Compony's two Reverter Dischorge & Releose documents reloting 1o the Rondoll Curve Property, whot, if ony, reslrictions remoin on lhe Rondoll Curve porcel? C. ls this property subject io ony control by ihe Compony? ls this properly subject to ony control by ihe GAC Lond Trust Advisory Committee? D. Who is the legol entity thot owns this properly? lf this is something thot connol be onswered by your office bosed on these documents, should we order o title opinion or O&E from o title compony currently under controct with the Couniy? E. Bosed on oll of the documenls provided ond prior Boord opprovol, whot uses could we pursue on this site? (All those listed in the Agreement, Deed, or Executive Summory?) Could we move forword with negotioting with the School Disirict for o swop ond if so, is ihere ony limitotions on thot? F. Bosed on oll of the documents provided, ond possibly ony known lond use codes, con we develop this siie for ony County governmentol use? lf not, whot would not be permilted? G. lf Porks does not wont ony porlion of this property, whot rights do lhey hove lo the property or its benefits? H. Bosed on the documents provided, could lhe County utilize ony portion of thls property for offordoble housing? L lf the property were to be sold, ore there ony limilotions on whot the property could be sold for or who the property could be sold to? J. Where would the proceeds of o sole go? Should you hove ony questions, pleose coll me ot exl. 2622 or my cell 821-3686, or if you would like o meeiing to discuss. pleose let me know. Thonk you. DowlingMichael From: Sent: To: Cc: Subject: Attachments: BelpedioJennifer Tuesday, August 29, 2017 11:24 AM MottToni DowlingMichael FW: Randall Curve Property RLS Randall Curve Parcel.doc FYI. From: KlatzkowJeff Sent: Tuesday, August 29,2077 10:47 AM To: ZimmermanSue <SueZim m e rma n @collie rgov. net> Cc: Belpedio.,ennifer <JenniferBelpedio@colliergov.net>; AlthouseTammy <TammyAlthouse@collierSov.net> Subiect: Randa ll Curve Property Sue: In answer to your RLS, a copy of which is attached, it is our opinion that Collier County owns the Randall Curve property. As the owner, the County can do whatever it wishes with the property, constrained only by its cuffent zoning. Feel free to call me or Jennifer with any further questions. Jeffrey A. Klatzkow Collier County Attomey (239) 2s2-2614 Under Florida Law, e-mail addresses are public records. lf you do not want your e-mail address released in .esponse to a public records requesl, do not send eleclronic mail to this entity. lnstead. contact this office by teiephone or in writing 1