Agenda 11/08/2011 Item #16E411/8/2011 Item 16.E.4.
EXECUTIVE SUMMARY
Recommendation to approve and execute an Amendment to Agreement providing a time
extension to allow for the completion of construction of the Community Center
expansion at the Max Hasse Community Park, to re- allocate funds previously approved
In Fiscal Year 2011, and to authorize required Budget Amendments.
OBJECTIVE: To obtain approval and execution of an Amendment to Agreement between Collier
County, a political subdivision of the State of Florida, by its Board of County Commissioners
(Board), acting in their capacity as Trustee of the GAC Land Trust (Trustee), and Collier County,
a political subdivision of the State of Florida for and on behalf of the Parks and Recreation
Department of Collier County (County), approving an additional twenty -four (24) months to allow
for the completion of construction of the Community Center expansion at the Max Hasse
Community Park. Funds previously approved in Fiscal Year 2011 will have to be re- allocated as
the funds were not expended in Fiscal Year 2011.
CONSIDERATIONS; On November 15, 1983, Avatar Properties, Inc. (Avatar), 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.
On November 9, 2010, agenda item 16E4, the Trustee approved an Agreement to provide
funding in an amount not to exceed $300,000 for the expansion of the Community Center at the
Max Hasse Park. A copy is attached for reference. The Agreement provided that all funds be
disbursed within twelve (12) months of the execution of the Agreement, which is November 9,
2011.
At the October 10, 2011 GAC Land Trust Committee meeting, the Parks & Recreation
Department requested a time extension to allow I for the completion of the expansion. The
Golden Gate Estates Land Trust Committee recommended by a vote of 4-0 (fifth member is
vacant) that the Board approve the Parks & Recreation request for a twenty -four month (24)
time extension.
As required in the 1983 Agreement, a "Letter of No Objection' (copy attached), has been
secured from Avatar Properties, Inc.
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11/8/2011 Item 16.E.4.
As a result of the project not being completed within the anticipated twelve (12) months, no
funds were expended and the appropriation lapsed. Therefore, it is necessary to re- appropriate
these funds for the current fiscal year.
FISCAL IMPACT: The original Agreement approved by the Board on November 9, 2010,
approved a total allocation from GAC Trust Fund (605) of an amount equal to 60% of the total
cost of the expansion, not to exceed $300,000. Funds were budgeted to be remitted on a
reimbursement basis to Parks Capital Improvement Fund (306) where the project is budgeted.
No remittances were made in FY 11 thus the amount available to be re- budgeted in FY 12 is the
full $300,000. Due to a $15,000 negative revenue variance in FY 11 the available additional
carry forward is only $285,000 requiring $15,000 from reserves in GAC Trust Fund (605) to
provide the full $300,000 remittance budget. In Parks Capital Fund (306), where the project is
budgeted, the remittance and carry forward budgets will be adjusted as required to balance the
project fund.
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth
Management Plan.
LEGAL CONSIDERATION: This item is legally sufficient for Board consideration. This item
requires a majority vote. - JBW
RECOMMENDATION: That the Board of County Commissioners, Acting as Trustee, approves
the attached Amendment to Agreement providing for a twenty -four month extension, authorizes
the Chairman to execute the attached Amendment to Agreement, and authorizes required
Budget Amendments for the re- allocation of funds.
PREPARED BY: Michael Dowling, Senior Property Management Specialist, Real Property
Management, Facilities Management Department
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n
11/8/2011 Item 16.E.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.4.
Item Summary: Recommendation to approve and execute an Amendment to Agreement
providing a time extension to allow for the completion of construction of the Community
Center expansion at the Max Hasse Community Park and to re- allocate funds previously
approved in Fiscal Year 2011.
Meeting Date: 11/8/2011
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities
10/20/20114:54:58 PM
Submitted by
Title: Property Management Specialist, Senior,Facilities
Name: DowlingMichael
10/20/20114:55:00 PM
Approved By
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 10/25/2011 8:38:45 AM
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 10/25/20118:58:38 AM
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 10/25/2011 11:32:20 AM
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11/8/2011 Item 16.E.4.
Name: WhiteJennifer ^
Title: Assistant County Attomey,County Attorney
Date: 10/25/20114:47:47 PM
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 10/26/2011 10:43:22 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/26/2011 3:20:40 PM
Name: FinnEd
Date: 10/28/2011 5:02:51 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 11/1/20119:50:33 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1 1/1/2011 11:45:03 AM
n
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/1/2011 12:56:43 PM
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11/8/2011 Item 16.E.4.
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT, made this day of 2011
between COLLIER CONTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY
ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE
OF THE GAC LAND TRUST, ( hereiinafter referred to as "Trustee "), whose mailing address is
3301 Tamiami Trail East, Naples, FL 34112, and COLLIER COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA FOR AND ON BEHALF OF THE PARKS AND
RECREATION DEPARTMENT OF COLLIER COUNTY, (hereinafter referred to as "County "),
whose mailing address is 15000 Livingston Road, Naples, FI 34119.
WITNESSETH
WHEREAS, the Trustee and the County have previously entered into an Agreement
dated November 9, 2010; and
WHEREAS, the Trustee and County are desirous of amending said Agreement; and
NOW THEREFORE, in consideration of the covenants and agreements provided within
the said Agreement dated November 9, 2010 and Ten Dollars ($10.00) and Other Valuable
Consideration, the said Agreement is hereby amended as follows:
1. Paragraph "4F" of the Agreement is hereby deleted in its entirety and the following
provision is substituted in its place:
All Funds requested, in accordance with this paragraph shall be disbursed within
twenty -four (24) months of the execution of this Amendment to Agreement by both
parties. In the event that the Expansion is not completed by the County within
twenty -four (24) months from the execution of this Amendment to Agreement, it is
understood and agreed by the parties that the County shall refund or repay to the
Trustee, within thirty (30) days, any and all Funds which have been provided to
the County pursuant to the provisions of the 1983 Agreement.
IN WITNESS WHEREOF, the Trustee and County have hereto executed this Amendment
to Agreement the day and year first above written.
AS TO TRUSTEE:
Collier County, a Political Subdivision of the State of
Florida, by its Board of County Commissioners, acting
DATED:
in their capacity as Trustee of the GAC Land Trust
ATTEST:
DWIGHT E. BROCK, Clerk
BY:
FRED W. COYLE, CHAIRMAN
AS TO COUNTY:
Collier County, a Political Subdivision of the State of
Florida, by its Board of County Commissioners, acting
DATED:
for and on behalf of the Parks & Recreation Department
of Collier County
ATTEST:
DWIGHT E. BROCK, Clerk
BY:
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
Jenni7R B. White,
Assistant County Attorney
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4_11/8/2011 Item 16.E.4.
AGREEMENT
THIS AGREEMENT made this 9 day of 2010 between COLLIER
COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF
COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND
TRUST, (hereinafter referred to as "Trustee "), whose mailing address is 3301 Tamiami Trail East,
Naples, Florida 34112, and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF
FLORIDA FOR AND ON BEHALF OF THE PARKS AND RECREATION DEPARTMENT OF
COLLIER COUNTY, (hereinafter referred to as "County "), whose mailing address is 15000
Livingston Road, Naples, FL 34119.
WHEREAS, Trustee 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 Trustee 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, Trustee currently has funds derived from the use and /or sale of a portion of the
above described Property; and
WHEREAS, the County is requesting' funds from the GAC Land Trust to construct an
expansion to the existing Community Center at the Max Hasse Community Park located in Golden
Gate Estates; and
WHEREAS, Trustee has determined that County's request 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 the expansion of the Community Center at the Max Hasse Community Park
located in Golden Gate Estates (hereinafter referred to as "Expansion "); and
WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection ", dated ll' i liii
approving the use of funds derived from the sale of Property to fund the Expansion within "Golden
Gate Estates "; and
NOW THEREFORE, in consideration of the above premises which are incorporated within
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 Trustee agrees to reimburse the County 60% of the total cost of the Expansion,
for a maximum amount not to exceed Three Hundred Thousand and no /100 dollars ($300,000.00),
in accordance with the terms and conditions of this Agreement, provided said funds are to be used
solely for the purpose of providing funding for the Expansion.
2. The County agrees and warrants that the funds will be used solely for said
Expansion.
3. The County hereby agrees that the funding of the Expansion 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 ordering or receiving any goods or
services purchased under this Agreement.
4. Payment of the funds to the County for the Expansion shall be in accordance with the
following:
A. The Trustee shall make available the funds for the Expansion following approval by
the Board of County Commissioners, Collier County, of this Agreement. Said payment shall be
made within thirty (30) days of receipt of appropriate verification as stated below by the Trustee,
with a copy to the Real Property Management Manager, of said verification.
B. The County, or its designee, shall: (a) provide the Real Property Management
Section Manager, copies of all invoices, purchase orders or other documentation which shall clearly
state the purposes of said expenditure. Only those invoices which clearly state expenditures
associated with Expansion shall be approved. Payments(s) shall be approved upon satisfactory
review by the Real Property Management Manager and shall be made payable directly to the
County. (b) A letter from the County, signed by the Parks and Recreation Director or his designee,
stating that the Expansion has been completed in good order and directing the Trustee to reimburse
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1/8/2011 Item 16. EA
the County. In no way shall the amount to be reimbursed exceed Three Hundred Thousand and
no /100 dollars ($300,000.00).
C. Within thirty (30) days after receipt and approval of the above described
documentation, a County warrant for payment shall be prepared and made payable to the County.
D. Upon completion of the Expansion, the County designee shall promptly forward a
letter to the Trustee stating that all money from the GAC Land Trust has been used exclusively for
the Expansion.
E. The County 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 County to pay any remaining balance required for the Expansion.
F. All funds requested, in accordance with this paragraph shall be disbursed within twelve
(12) months of the execution of this Agreement by both parties. In the event that the Expansion is
not completed by the County within twelve (12) months from the execution of this Agreement, it is
understood and agreed by the parties that the County shall refund or repay to Trustee, within thirty
(30) days, any and all funds which have been provided to the County pursuant to the provisions of
the 1983 Agreement.
5. The County understands and agrees that the funds to be provided to County 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 Collier County pursuant to the 1983
Agreement administered and managed by the County for the GAC Land Trust and that such funds
are currently in Fund 605 - 122390 (The GAC Land Trust Sales Fund).
6. The County agrees that following construction of the Expansion, the site shall be used
primarily for servicing the geographical area commonly known as "Golden Gate Estates ".
7. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
B. Any notice required by this Agreement shall be addressed to the parties at the
address set forth below:
IF TO THE COUNTY:
Collier County Parks and Recreation Department
15000 Livingston Road
Naples, FL 34119
IF TO THE TRUSTEE:
Collier County
Go Real Property Management Department
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
9. 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.
IN WITNESS WHEREOF, County and Trustee have caused this Agreement to be duly
executed on the day and year first above written.
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11/8/2011 Item 16. EA
AS TO TRUSTEE: COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA, BY ITS BOARD OF COUNTY
DATED: new., �� I t0 COMMISIONERS, ACTING IN THEIR CAPACITY AS
ATTEST: TRUSTEE OF THE GAC LAND TRUST
DWIGHT E..BRQCK{ ,Clerk � �¢ � • � .�
L� BY:
FRED W. COYLE, CHAIRMAN
AS TO CQUN!;;�`� COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA FOR AND ON BEHALF OF THE PARKS
AND RECREATION;, DEPARTMENT OF COQ LLIER COUNTY
DATED: IJI)V'.I (PI Ulf) BY: 7` "1
ATTEST; ' °' •.'`: FRED W. COYLE, CHAIRMAN
DWIGHT.E. BROOK, Clerk
Approved as to form and
legal sufficiency:
Jennife . White,
Assistant County Attomey,�q
This Conveyyaanee Approved By
The Eioard 9County
Commissioners
Collier County ettem Florida,
Pu�uant To A e , Ja
Date I -°t-ia No. IbEl{
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0
AVATA R
Patricia K Fletcher
Florida, 1983
Direct Dial: (863) 427 -7098
Facsimile: (863) 427 -7192
E -Mail: pk_lletcherCavatarholdings.com
October 26 2011
SENT VIA EMAIL
Mr. Michael Dowling
Collier County
Real Property Management
3335 East Tamiami Trail, Suite 101
Naples, Florida 34112
11/8/2011 Item 16.E.4.
Subject: 1983 Agreement between Avatar Properties Inc. and Collier County
Proposed Expenditure for the Expansion of the Community Center at the
Max Hasse Community Park Located in the Golden Gate Estates
Regarding: Request to authorize an extension to the Letter of Approval dated November 1, 2010
Dear Mr. Dowling:
On behalf of Avatar Properties Inc., I would hereby acknowledge receipt of your letter dated October 18,
2011 which references the above captioned matter. Further to my email to you of October 20, 2011
(attached), I have reviewed your letter and hereby advise you that Avatar Properties Inc. has no objection
to the extension set forth therein. Specifically, a 24 -month extension to our letter of approval regarding
the funding of not more than $300,000 from the GAC Land Trust under the 1983 Agreement for the
expansion of the Community Center at the Max Hasse Community Park in the Golden Gate Estates
Subdivision of Collier County, Florida is hereby granted.
If I can be of further assistance, please feel free to contact me at your convenience.
Very truly yours,
AVATAR PROPERTIES INC.
Patricia Kimball Fletcher
Executive Vice President and
General Counsel
PKF /cb
cc: Mr. Allen J. Andersen
Ms. Tina Johnston
395 Village Drive, Poinciana, Florida 34759 • (863) 427 -7098
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11/8/2011 Item 16.E.4.
Caren Bulger
From: PK Fletcher
Sent: Thursday, October 20, 2011 1:24 PM
To: 'DowlingMichael'
Cc: Caren Bulger
Subject: RE: Collier County Government Request for Extension Approval
Michael, I may not be able to get a letter out in the time you have requested because of my schedule.
suggest that you include this email in your package or a note in your package that avatar has agreed to
the extension and a letter will be sent out next week confirming this email.
PK. Fletcher, Esq. j Executive Vice, Corporc
AVATAR HOLDINGS INC
?` 5 Village Dfive I Poinclanc , F! 3475,9
'C;Ci. j 01fiCe I j�, , --71-'- ..:54"/
E. nca is pk fletcher @avotarholdinas.com
ste Secretary and General Counsel
From: DowlingMichael [ mailto :MichaelDowling@colliergov.net]
Sent: Tuesday, October 18, 2011 12:07 PM
To: PK Fletcher
Subject: Collier County Government Request for Extenstion Approval
Dear Ms. Fletcher,
Attached please find a pdf file for your review and consideration.
Thank you,
Michael Dowling
Collier County
Real Property Management
3335 East Tamiami Trail, Suite 101
Naples, Florida 34112
ur1(7E t h,� ii}t . atr. E; ..i.i�t �,�:7 „S...s 3`e'JyA'A,.. ,�f;u,ds. , yam .:J iTt wa.-' �'.)_d FL.d,i
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