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Agenda 01/15/2008 Item #16E 4 i ,)f EXECUTIVE SUMMARY Recommendation to approve an Agreement for the conveyance of GAC Trust Reserved Lands to the District School Board of Collier County, Florida for the future construction of an elementary school and/or auxiliary and ancillary educational facilities to be located in Golden Gate Estates, OBJECTIVE: To approve and execute an Agreement 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 (Trustee), and the District School Board of Collier County, Florida (School), which provides for the conveyance of Tracts 136 and 137, Golden Gate Estates, Unit 78, consisting of 11.47 acres (Land), The Land is located on 8th Avenue NE. A location map is attached for reference, ~ CONSIDERATION: 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 Board for purposes directly beneficial to the residents of Golden Gate Estates, ie., 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. The Board of County Commissioners at their June 20, 2006 Meeting, Agenda Item lOG, authorized GAC Trust Reserved Lands be conveyed to other governmental agencies, including the School Board, for no compensation. Issue: At their February 1, 2007 meeting, the GAC Land Trust Committee voted unanimously that the Trustee approve removing the Land from the Reserved List and authorize its conveyance to the School. The Land will be assembled with other properties to be purchased by the School to enable the future construction of an elementary school and/or auxiliary and ancillary educational facilities to be located in Golden Gate Estates. The Statutory Deed will restrict the use of the Land, The Land will revert back to the Trustee should the School's use of the Land fail to be in compliance with the restrictions. As required in the 1983 Agreement, a "Letter of No Objection" (copy attached) has been secured from Avatar Properties, Inc, The attached Agreement has been reviewed and approved by the County Attorney's Office. The School Board has approved this transaction at their December 14, 2007 meeting and has executed the Agreement FISCAL IMPACT: Recording costs not to exceed Twenty-Seven Dollars ($27,00) will be paid from the appropriate 605 Operating Fund, ...- GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Plan, ; ~'., RECOMMENDATION: That the Board of County Commissioners, Acting as Trustee, approves and authorizes the Chairman to execute the attached Agreement; authorizes the Chairman to execute the Statutory Deed once it has been approved by the County Attorney's Office; and directs the County Manager or his designee to record the Statutory Deed in the Public Records of Collier County, Florida. PREPARED BY: Jason Bires, Property Acquisition Specialist, Real Estate Services, Facilities Management Department Page I of I _'e I" COLLIER COUNTY ::~Ol.....RD OF" :::ni1\7"Y CCHJd\r;:2,SI,:Jj-..::::F:S Item Number: ','04 Item Summary: ReCOmmenG2tion to 3p;)ro e ?n "c\greement br the ':::'OiWS-'/3,<:;e Of 3,L,C L~;nd Trust Feservec Lands::; nle Dist 1::\ S:;~1C)C1! Board of Cc,flle; County, Fic:ri::;a f0~ the purpose of S::ho:J: Faci!:tie~, Meeting Date: ", J1 5,'2Ci:JS S 00 COiO PJ-Ii Prepared By J2S::Jn Sires I=:TOpC"ty ,t>.c;qClis:tion Spec:i1list Jate Administrative Services F3ciii:ies r.~ana~~oITier;t 12r~1;'20Qi 3:~S:S9 F'M Appro\'ed By h\iCh2::!.f--'.. L)::;wling Pre);::! Jt}' ;!12r;29~ITIS:1t ::,pe<; aiic~t D2te ,4drr.inist:-ative Ssrvices Fac~lltlE-S l'l:anc.gement ~ :';;'':'i. 2007 3:21 ?M Approved By S~,:p::2:np, C.r.r!!. Faci!:tis:: rJ\snrtgem~:ilt Di~0;:;!()r D0.te. ;i,dr;lin~s';::t"otrv€ Sc';vlc::,s ;:2~iliLles rVlar,s;>s-r"[;nt i L,,'21/2CJV;' :~-':':;J ~>:/i i\pprovcd B)-' '01--;:.t: :/:'t~ !"J;2; ;-c,;::-:';:-;>: S,~"s~,<~<'r ~~, :,;1 ;:':"',C!' ,\Ie ~,,?~ 'i(;' '" =c.::;, (':IS U::Jr.;;;,;!':-;t^"sn: -:/2'2008 C:::c~, Apprond B)- L..S!,:?"::>I::C:I ;:-';"ie;:' ""_011:1 ,!s~:';:::ivE' ~;0r\,;:.i:'S f..:;i)~ir:~'.: ", J' : ,"to ,!'"-:.;r;;:r;~::::,,,,:~~': ::: _ "'Ie :s ;"j':1;.:";,,,-:'t-iVE: ;;.':c, i::f:S f..".,:':r:n. :""'0;'9 '; 0: Pi',', Approved l3y ::"!::2':;;:;o:'di::::;~:::..-' , .' ~ '. ~ ~,,;~ .' ;.~'; ~';"U, 'i',"< (;::"1--; ~n~'~'t,et:vc~, ':~'/i::::'s i :",Ol ::-:,~' ':',' r: ;'"'" -I ~' i :';!:' _,',: ""i,'; Approved By l.:;'_i;::) D~'\:!"SC',l lLdt!::,;e'l' ...it 8, :::",'js';:t:C\rp v;:;t ::c;;'2 Cc,urty i"L,r'<;J~ J~'L'::0 ,;r::.:: ::r: Vi' :,i:'~l,:i:'i :~, ~ ':;;:i i2: ,"_ !\;' 10:2: ,i\i{; Approved By L~;:::!-:,"8: Srn:,.-i::l'v','st:i f\.";zn,lge:-r;'::.:~t & 3'.J::;g:s'~ :"irx:tor -'--.',- "-",'.:<Ct;; C::'.;;-ilY M2;,2~J::r Qf ':;2 :;ic~,' 0: !'.'ic!;~,z.;;"n-,"',:l.s, 2>.J:iget :Ji, ~f :':57 :.If\!1 Approved By Jam':::': V. f..1u::d CO~j:.:y ;/,&"2;1C:- D:)tc S::"3rci (jj:>~:.J:':t\, c C~~i0: :;sione"s Cc::n:y r,f. ,. e'f:'8r'S Offi;,e 17/2[108 5:48 PM tile"//r.\A of~n(h.T(~<:;l\r, xnnrt\q~- hnll~~r....'O/;" 7() 1 .::; o/~ J()7()n~\ 1 (,0/;:" ,()('0N,J:NTo/r,'()ACFNOA \ I l/qnnnR AGREEMENT THIS AGREEMENT made this day of _ ' 20~ between the SCHOOL DISTRICT OF COLLIER COUNTY, FLoRIDA, (hereinafter referred to as the "School") whose mailing address is 5775 Osceola Trail, Naples, Florida 34109, and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY tTS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, whose mailing address is 3301 Tamiami Trail 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. flk/a/ GAC Properties Inc in accordance with tr,e 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 lands set aSide on a Reserved list in anticipation of greater future marketability potential or for future government needs; and WHEREAS, the County has determined that the removal and conveyance of two (2) parcels from the Reserved list 10 the School is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by assisting with the land assemblage required for the construction of an elementary school and/or auxiliary and ancillary educational facil!ties In Golden Gate Estates, which will provide added educational services to the residen;s of the Golden Gate Estates area; and WHEREAS, Avatar Properties Inc. has prOVIded a "Letter of No Objection", dated October 29, 2007, approving the conveyance of two (2) parcels from the Reserved List to the School NOW THEREFOR::, :n consideration of the above premises which are incorporated herein and made pari 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 convey to the School, via Statutory Deed and for no monetary compensation, all of Tracts 136 and 137, Golden Gate Estates, Unit 78 to be utilized by the School for the purposes herelnafte; stated (hereinafter referred to as the "Lands"), in accordance With he terms and conditions of thiS Agreement. prOVided said Lands shall be utilized solely for School purposes Includmg educational, auxiliary and ancillary plants and facilities such as bus facilities and maintenance faCilities, These Lands shall not be used for affordable housin:;). 2 The School agrees and warrants that the Lands shall be utilized solely by the School for School purposes including educational, auxiliary and anCillary plants and faCilities such as bus facilities and maintenance facilities. These Lands shall not include affordable housing, The School also agrees that if the Lands cease to be used for the aforementioned purposes, the Lands will automatically revert back to the Grantor 3 The School 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 Lands by the District. its agents, employees. or In any way related to the use of the Lands by tne District, its agents, employees or any third party. 4. In the event that the Lands cease to be ulllized by the School as described in Paragraph 2, or if the Lands cease to be useo in accordance with the aforementioned restflctions and limitations, said Lands shall automatically revert back to the County 5 FlOrida This Agreement IS governed and construed in accordance with the laws of the State of 6 Any notice required by this Agreement shall be addressed to the parties at set forth below ui:. ,. .....:.;,- :, :/ IF TO THE COUNTY, Collier County c/o Real Property Management Department Administration Building 3301 Tamiaml Trail East Naples, Flonda 34112 IF TO THE SCHOOL: The District School Board c/o Alvah Hardy, 11, Executive Director Facilities Management 5775 Osceola Trail Naples, Florida 34109 7. 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, School and County have caused this Agreement to be duly executed on the day and year first above written. AS TO COUNTY: DATED: ATIEST DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COlliER COUNTY, FLORIDA By' , Chairman AS TO SCHOOL DATED WITNESS~S: I dM-1U )/1. ~ First Witness (Signa)J1.) A Name DIA;V~ . tlsr/t'1 (Print or Type) By A~'2~ Superintendent of School nd Ex-Officio Secretary j)~~.1- Th0mCGDIL_._ (Print Name) , Approved as to form and legal sufficiency I ~l~,11 t ~ HeldlF, Ashton Assistant County Attorney By~/L Richard Withers School Board Attorney Date ;J;J tf, Jot :J..o~ 7 (;J AVATAR )j-(' j\ CWllnltm(r!!Jor EI'r'rI) '-frl':;ruk l';l1nci:! J..::, Flclcha rlmicla.II)f;:'l DirL'2l DiJI: iJO:,)4-1:Q{J(JO ,,'::::[1) F<lc:;in\il~: iJ05) 44 1-lll/6 E-Mail: pl;_J:cll"hl'r(~Ja\.<llal'lllllliJllgs.c[J!n October 29, 2007 VIA E-MAIL Mr. Jnson Bires Collier COllnty Government Administrative Services Division Real Estate Servi ccs 3301 E. Tamiami Trail Nap]es, FL 3~ 1] 2 Re: 1983 Agreement between Avatar Properties lnc, and Collier COllnty District School Board Land Conveyance: All of Tracts 136 and ]37, Golden Gale Estates, Unit 78 Dear'vlL Bires: On behnlf of Avatar Properties Inc, ] would hereby acknowledge receipt of your letter elated October 20, 2007 which references the above captioned matter. I bave reviewed the Agreement between District School Bonrd of Collier County, Florida and Collicr Counly by Its Board of County Commissioners, acting in their capacity as Trustee of the GAC land Trust, and hereby advise you that Avatar Properties inc. has no objection to the contemplated transaction 'C'" ..nh therein. Specifically, rhe proposed land conveyance between the GAC L8nd Trust and the Collier C:onll1Y School Board of al] of Tracts 136 and 137, Golden Gate E5tales. t;nit 78, jf I can be of further assistance. plc8sc feel free to contact me at your convenience. Vcry truly yours, ---;---.., . !/~ '1.'.',/ ~_!.-- r (.--,.--- . J' J "{I 'A ':' ~l-L.c..L./\!J.:v~ ~~ ,:.--'..-......... --~- I Patricia K, Fletcher Executive Vice President and General Counsel PKf!ncs 201 AUlClITlhTf1 Circle, Coral Gul;/cs, FL 331.'34. (3U5) -142-7000 C;:'AI';JI:lr l'i"l'c'r:;,; 111{'"'C(lrr~';r(l[lll,'nl"t"L~:r~r~'Sclll_8in:" IO::'llJ:,d",,'