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Backup Documents 03/22/2011 Item #16E3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 E 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines NI through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the __.:__ .,1_:_.......•....:..........o n....., r,.,.. .6. ..k . .6� lm. al tl or a,.h 44 cmmalem the checklist- and forward to Sue Filson (line p5). o Addressee(s) Office Initials Date (I ist in routing or �, �, `c)`. JI(t ".',- — Applicable) Agenda Date Item was ` ') C6 � Agenda Item Number - !! 2.;_ (,T ` � -�' I _ 3. - 1 Number of Original Attached �'� C(Q� t ��'' `' Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC 4. Chairman and Clerk to the Board and possibly State Officials.) _ - _. All handwritten strike- through and revisions have been initialed by the County Attorney's 5. Ian Mitchell, BCC Office Board of County Commissioners 3( Z Supervisor The Chairman's signature line date has been entered as the date of BCC approval of the 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval_ Normally the primary contact is the person who created/prepared the executive summary . Primary contact information is needed in the even one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the Name of Primary Staff �y ,T _ Phone Number N/A (Not Contact �, �, `c)`. JI(t ".',- (Initial) Applicable) Agenda Date Item was ` ') C6 � Agenda Item Number - !! Approved b the BCC (,T ` � -�' I _ Type of Document - 1 Number of Original Attached �'� C(Q� t ��'' `' Documents Attached INSTRUCTIONS & CHECKLIST' I'. Forms/ Cowtly FoorW BCC; For m/ Original Documcnis Routing Slip "WS Original 9,03 04, Revised 1 26 .05, Revised 2.24.05, Revised 9.18.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) _ I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed _ by the Office of the County Attorney. This includes signature pages from ordinances, t resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) _ - _. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board —� 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. �' "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to tan Mithchell in the BCC office within 24 hours of BCC approval .1 Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame of the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on J 4 (ent(,r date) and all changes 6. 1 made during the meeting have been incorporated in the attached document. The - County Attorney's Office has -review ed the ehangLs, if al)L icable._ I'. Forms/ Cowtly FoorW BCC; For m/ Original Documcnis Routing Slip "WS Original 9,03 04, Revised 1 26 .05, Revised 2.24.05, Revised 9.18.09 16E3 MEMORANDUM Date: March 23, 2011 To: Jason Bires, Property Acquisition Specialist Real Estate Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Agreement w /Big Corkscrew Island Fire Control and Rescue District Attached, you will find an original of the agreement, (Agenda Item #16E3), approved by the Board of County Commissioners on Tuesday, March 22, 2011. Please return an original back to the Minutes and Records Department to be kept with the Board's Official Records. If you should have any questions, please contact me at 252 -8411. Thank you. Attachment (1) 16E3 AGREEMENT THIS AGREEMENT made this '!!` day of �CV.f (� 2011 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 3299 Tamiami Trail East, Suite 303, Naples, Florida 34112, and the BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT, whose mailing address is 13250 Immokalee Road, Naples, FL 34120 (hereinafter referred to as "District "). 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 District is requesting funds from the GAC Land Trust to purchase personal protective equipment to include 8 sets of bunker coats, bunker pants with suspenders, bunker boots, structural gloves, helmets and self contained breathing apparatus face pieces; a supply hose which is needed to bring the fire engine into compliance with the National Fire Protection Association standards, and 5 gas monitors which are used to determine carbon monoxide levels (hereinafter referred to as "Equipment "); and WHEREAS, Trustee has determined that the District's request is in accordance with the intent of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by providing funds for the Equipment in which the District will use in their service to the residents of Golden Gate Estates; and WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection ", dated 21, -4 1 , approving the use of Land Trust Funds for the purchase of the Equipment for use by the District. 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 contribute an amount not to exceed Twenty -Five Thousand and no /100 dollars ($25,000.00) to be expended by the District for purposes hereinafter stated, (hereinafter referred to as "Funds ") in accordance with the terms and conditions of this Agreement, provided said Funds are to be used solely for the purchase of the Equipment. 2. The District agrees and warrants that the Funds will be used solely for the purchase of said Equipment. 3. 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. 4. Payment of the Funds to the District for the purchase of the Equipment shall be in accordance with the following: A. The Trustee shall make available funds in an amount not to exceed Twenty -Five Thousand and no /100 dollars ($25,000.00) to reimburse the District for the purchase of the Equipment. Said reimbursement 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 District or its designee shall: (a) provide Real Property Management 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 the purchase of the Equipment shall be approved. Payment(s) shall be approved upon satisfactory review by the Real Property Management Manager and shall be reimbursed to the District. (b) A letter from the District, signed by the Chairperson, stating that the Equipment has been received 16E3 and accepted in good order and directing the Trustee to reimburse the District. In no way shall the amount to be reimbursed exceed Twenty -Five Thousand and no /100 dollars ($25,000.00). 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 District by the Trustee. D. 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 for the purchase of the Equipment. E. 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 Equipment is not purchased by the District within twelve (12) months from the execution of this Agreement, it is understood and agreed upon by the parties that the District shall refund or repay to Trustee, within thirty (30) days, any and all funds which have been provided to the District pursuant to the provisions of the 1983 Agreement. 5. The District agrees to protect, defend, indemnify and hold the Trustee 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 installation or use of the Equipment by the District, its agents, employees, or in any way related to the Equipment by the District, its agents, employees or any third party. 6. The District understands and agrees that the funds to be provided to Collier 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). 7. The District agrees that the following purchase of the Equipment shall be used primarily for providing fire protection service to the residents of Golden Gate Estates. 8. This Agreement is governed and construed in accordance with the laws of the State of Florida. 9. Any notice required by this Agreement shall be addressed to the parties at the address set forth below: IF TO THE BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT: Big Corkscrew Island Fire Control and Rescue District 13250 Immokalee Road Naples, FL 34120 IF TO THE TRUSTEE Collier County c/o Real Property Management 3335 Tamiami Trail East, Suite 101 Naples, FL 34112 10. In the event that the Equipment ceases to be utilized by the District as described in Paragraph 2, the District agrees that the District shall pay to the Trustee, within thirty (30) days, an amount equal to the fair market value of the Equipment as of the date that the Equipment ceases to be used by the District as described in Paragraph 2. The fair market value shall be determined by a third party, selected by the County, who is determined to be qualified to establish the valuation of the Equipment or upon mutual agreement of the Trustee and District. 11. 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. 16E3 IN WITNESS WHEREOF, District and Trustee have caused this Agreement to be duly executed on the day and year first above written. AS TO TRU TEE: DATED: 3 a21 ATTE$V.:.71 DV)Hi�ki? E., BF�OC�Iei -AUOst 44:L4'ChaIr :n BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA _ BY: Fred W. Coyle, Chairman AS TO BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT DATED: _�0 ATTEST: BY: 'C.� R. Eliseo Chao, Secretary Approved as to form and legal sufficiency: JennifeflVWhite (1 Assistant County Attorney } BIG CORKSCREW ISLAND FIRE CONTROL AND RE,�UE DISTRICT BY: Paul M. Plamondon, Chairman 7 NConrn�fiibd BY Puma County FIoeja Punwet To wwn4 Date:3 -2z -\� �b No: ��� '