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Backup Documents 11/09/2010 Item #16E4ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 E �f 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 0liice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines fl through through H4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce Lion of the Chairman's signature, draw a line throu h routin Ig ines � 1 through H4, complete the checklist, and forward to Sue Filson (line k5). Route o essee(s) Office Initials Date (List in routing order) - -� - 2. 3 am L5. Ian Mitchell, BCC Office I Board of County Commissioners I � I I Supervisor tkvo to Records I 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 event 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 "— �"-? Phone Number �^ �" Contact J� >�Ri 61, RE��_ -> 2'5 � -- �1 Agenda Date Item was ,� Agenda Item Number Approved by the BCC 0,JEr',16ER L_O�U y I Type of Document Number of Original Attached %�Se.cnr�l. Documents Attached I INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N /A" in the Not Applicable colwna, whichever is I Yes 1. 1 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 County Attorney. This includes signature pages from ordinances, resolutions, et e. 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'Attomey's� Office and all other parties exce t 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.�.y� 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mithchell in the 13CC office within 24 hours of BCC approval. - -y -� Some documents arc time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 1 i r 1 t Ci (ante r tl tte) in( all changes _ _ _ made during the meeting have been nicmpm ated in the attached document The tr. )� pp' a i'-. - _._ County Attorney s Office has reviewed the churl t s, it ipphcablo .- jj�n t i. I onus/ County Fonns/ BCC Forms/ Original Documents Routing Slip W WS Original 991 04, Revised 1 26 W, Kcvlssd 2 ?4 0S. Rcviscd 9.16.09 16E4 MEMORANDUM Date: November 16, 2010 To: Jason Bires, Property Acquisition Specialist Facilities Management Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: An agreement providing GAC Land Trust funds to expand the Max Hasse Community Center Attached please find a copy of the document referenced above (Item #16E4), approved by the Board of County Commissioners on November 9, 2010. The original document will be held in the Minutes and Records Department in the Board's Official Records. If you have any questions, please contact me at 252 -8406. Thank you. Attachment 16E4 THIS AGRFFMFNT made this day of 9n1n hetween CAI IIFR 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 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 16E4 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. 8. 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 c/o 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. AS TO TRUSTEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk �1ten Mai • AS TO COUNTY DATED: wa., <<Pt7,135 ATTEST: DWIGHT E. BROCK, Clerk n -d),t. Ittest a' Y miry Approved as to form and legal sufficiency: 16E4 COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISIONERS. ACTING IN THEIR CAPACITY AS TRUSTEE OF THE G]AC LAND TRUST BY: <- FRED W. COYLE, CHAIRMAN COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA FOR AND ON BEHALF OF THE PARKS AND RECREATION _QEPARTMENT OF COLLIER COUNTY Jennife? . White, -�`� Assistant County Attorneys FRED W. COYLE, CHAIRMAN This Conveyyance Approved By The Board Of County Commissioners Collier Coun Florida, Pursuant To Aden is Date: i 1-it crn No: I tcy Item# Agenda Date Data -lZ'tp Recd De