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Resolution 2014-103 RESOLUTION 2014 - 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING ITS CHAIRMAN TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA AND APPROVING THE STATUTORY EXCHANGE OF COUNTY-OWNED AND DISTRICT-OWNED PROPERTIES THAT ENABLED THE DISTRICT TO SATISFY THE GOPHER TORTOISE PRESERVE REQUIREMENTS UNDER SECTION 3.04.02 OF THE LAND DEVELOPMENT CODE, IN ORDER TO FACILITATE THE CONSTRUCTION OF THE GOLDEN GATE HIGH SCHOOL. WHEREAS, the staff of Collier County (County) and representatives of The District School Board of Collier County, Florida (District), have prepared and agreed upon the terms of an Interlocal Agreement pertaining to the exchange of County-owned and District-owned properties that enabled the District to satisfy the gopher tortoise preserve requirements under LDC Section 3.04.02 which facilitated the construction of the Golden Gate High School; and WHEREAS, County is the owner of that certain parcel of real property legally described on Exhibit "A" of the Interlocal Agreement attached hereto and made a part hereof (County Property); and WHEREAS, the District has been utilizing the County Property to satisfy the gopher tortoise preserve requirement under LDC Section 3.04.02, which was a prerequisite for construction of the Golden Gate High School; and WHEREAS, the District is the owner of that certain parcel of real property legally described on Exhibit "B" of the Interlocal Agreement attached hereto and made a part hereof (School Property); and WHEREAS, the County will utilize the School Property for a future Parks and Recreation project to be determined by County staff; and WHEREAS, the Board of County Commissioners, in accordance with Section 125.38, Florida Statutes, is satisfied that the County Property is required for use by the District and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED that: 1. The Board of County Commissioners hereby approves the attached Interlocal Agreement between Collier County and the District School Board of Collier County. 2. The Board of County Commissioners hereby directs and authorizes its Chairman, on behalf of this Board, to execute the Interlocal Agreement attached hereto, and hereby approves 1 of 2 the exchange of properties described therein and any acts needed to fulfill the terms and conditions of the attached Interlocal Agreement. This Resolution adopted this '1"% day of 1'n A Y , 2014 after motion, second and majority vote. ATTES`> , n.. .^:G/''' DWIGF ':.E;BROCK,.eLERK BOARD OF COUNT COMMISSIONERS COLLIER•UNT •/ LORIDA � C . BY: �iL� :..:" ' BY: a„ 1r_ & De ut`lt1er TOM HENNING, to airman Attest t-nalr signature On Y. Appr ed as to o and legality: Scott tone Assistant County Attorney Attachments: Exhibit A—Legal Description, County Property Exhibit B — Legal Description, School Property C P\14-RPR-02567\9 2 oft INTERLOCAL AGREEMENT (3 Acre Swap- Golden Gate/Palmetto Ridge) THIS INTERLOCAL AGREEMENT (this "Agreement") is made and entered into this _ate--- of , 2014 by and between COLLIER COUNTY, FLORIDA, a political subdivisio of the State of Florida (the "County"), and the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, a statutory unit of the State of Florida (the "District"). WHEREAS, the County is the owner of that certain land located along the north boundary of the Golden Gate High School property and more particularly described on Exhibit "A" attached hereto and made a part hereof (the "GGHS Property"); WHEREAS, the District is the owner of that certain land located along the northwest boundary of the Palmetto Ridge High School property and more particularly described on Exhibit "B" attached hereto and made a part hereof (the "PRHS Property"); WHEREAS, the purpose of this Agreement is to consummate a land exchange transaction between the parties whereby the County would convey to the District fee simple title to the GGHS Property that has been used as a temporary gopher tortoise preserve during the construction of Golden Gate High School and, in exchange for the GGHS Property, the District would convey to the County fee simple title to the PRHS Property to be used as part of the public park to be constructed north of Palmetto Ridge High School and currently known as the Big Corkscrew Island Regional Park; NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the mutual promises, commitments and covenants contained herein, the parties agree as follows: 1 . Recitals. The parties agree and acknowledge that the recitals above are true and correct. 2. Land Exchange & Appraisals. The parties agree that the GGHS Property and the PRHS Property will be exchanged in "As Is" condition, including the current zoning, permitting and/or use. The parties have appraised the GGHS Property and the PRHS Property (the "Appraisals"); which Appraisals are mutually accepted by the parties hereto. After averaging the Appraisals, the GGHS Property was valued at approximately $118,500 and the PRHS Property was valued at approximately $118,500 constituting no difference in value. The County shall convey fee simple title to the GGHS Property to the District by a Statutory Deed and the District shall convey fee simple title to the PRHS Property to the County by a Statutory Deed and the amount of land conveyed between the parties shall be considered an acre for acre exchange (the "Closing"). Each party shall be responsible for its own costs and fees, including, but not limited to, closing costs, real estate appraisals, title insurance, surveys, permits, rezones, impact mitigations, environmental, soil and/or traffic studies. It is acknowledged and agreed to by the parties that prior to the Closing, the District may grant easements on portions of the PRHS Property in favor of the County's Water-Sewer District and that the granting of such easements shall not result in any diminution on value of the land exchanged for purposes of this Agreement. 3. Termination. Either party may terminate this Agreement, at any time and for any reason (including, but not limited to, finding soil contaminants), prior to Closing if that party deems it to be in that party's interests to do so, by delivering to the other party written notice of such intent to terminate. Any notice of termination shall be delivered to the County Manager or the Superintendent, as applicable, and this Agreement shall become null and void. Upon receipt of such termination notice, both parties, to the greatest extent possible, shall as soon as possible thereafter cease all activity with regard to the terminating party's participation, including, to the extent allowed under the then existing contract terms, shall "stop work" insofar at the respective contract applies to the terminating party. 4. Permitting & Title Insurance. The District (and its staff) and the County (and its staff) shall fully cooperate and use good faith efforts with regard to any future permitting concerns that arise in connection with the referenced three (3) acre swap. The parties shall also fully cooperate and use good faith efforts to allow the other parties to obtain title insurance by executing any standard or customary title insurance documents. 5. Miscellaneous. The rights and duties of performance under this Agreement shall be binding upon, and inure to the benefit of all successors in interest to the parties to this Agreement, but may not be assigned or otherwise transferred without the written consent of the other party. The terms and conditions of this Agreement shall only be revised or amended by the mutual written consent of the parties hereto or by their successors in interest in accordance with this Agreement. In the event of a dispute under this Agreement, the County Manager and the District Superintendent shall first try to negotiate a resolution acceptable to both parties. Following the conclusion of this procedure, either party may terminate this Agreement or submit the issue to be resolved by non- binding arbitration in accordance with the rules and procedures of the American Arbitration Association. This Agreement is the entire agreement between the parties, and supersedes all previous oral and written representations, agreements and understandings between the parties with respect to this transaction. Cq IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST1:.,, DV 16:t1T-E:-B,RL'2CK, Clerk BOARD OF COUNTY COMMISSIONERS . COLLIER CP NTY FLORIDA ;' : -} .-' -, -. - i / `---Tft, '-.: j.1M - . ' 1.■;:c By. , _ r■ __ . C, Tom Henning, 01-irman OAtteSt' as C4 si 9 nstureonty. Appr.1 ed as to form and legality: Scott Stone Assistant County Attorney DISTRICT SCHOOL BOARD OF COLLIER,c OUNTY, FLORIDA ff By: /SAC :.2�> ,l'/ Pat Carroll, Chair ATT ST: 11) 1. Gli\-/L' Kaitla Patton, Superintendent Approved as form and legal sufficiency: i') UV Jon ishbane, School oard Attorney C.-PA EXHIBIT A __ a $fr€� t - r— a - sA..:, 1 h a 7<ld € � iliA Ili ii m g 3 AM !I 2 oo $ ii .lavalucnm el td F 53 i=k € N b ?" W —1 �t>n g 6 4 ° $ :4 N 6v w -- 04 li 12 Dg ra ; q P. gg.pg3 "GIs ' $ ly S RI N 5 a tV -« >2o ml age A — g 4 A p---.. + — s ) 1 g 2 g a i : in a g,I uji 7 s I I F., a O G F( _ W i a . a a Il . 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