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Backup Documents 05/27/2014 Item #16E3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPI 6E 3 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office In'ti is Date 1. Scott Stone, ACA County Attorney County Attorney Office ( /a /119 2. BCC Office Board of County "CND b�\ Commissioners \, �VV, (.44\A 3. Minutes and Records Clerk of Court's Office \A/ te 4 f 4 if ebn PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff Toni A.Mott Phone Number 239-252-8780 Contact/ Department Agenda Date Item was May 27,2014 Agenda Item Number 16E3 Ni Approved by the BCC YYY Type of Document Resolution 2014- 103 Number of Original 1 —Resolution Attached Interlocal Agreements Documents Attached 2-Interlocal Agmts. Statutory Deed 1 —Statutory Deed PO number or account N/A N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? TAM 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be TAM signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TAM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on May 27,2014,and all changes made TAM during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16E 3 Memorandum TO: Minutes : Records Management FROM: 1. • A . Mott, Real Property Management DATE: II May 30, 2014 RE: 3 Acre Swap The Board of County Commissioners approved the recording of this document on May 27, 2014, Agenda Item 16E3. Attached, are the following documents for attestation: --Resolution 2014-103 --Two (2) original Interlocal Agreements --Statutory Deed from Collier County to The District School Board Please attest to Commissioner Henning's signature as Chairman on the documents. We will need one (1) original Interlocal Agreement returned to us and a copy of the Resolution. Also, please DO NOT RECORD THE STATUTORY DEED. We need to coordinate closing with the School Board and once a date has been set we will notify you. Please contact me if you have any questions or comments at Extension 8780. Thank you! 16E 3 4 MEMORANDUM Date: June 4, 2014 To: Toni Mott, Property Acquisition Manager Facilities Management From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Resolution 2014-103, Interlocal Agreement and Statutory Deed — District School Board of Collier County 3 Acre Swamp — Golden Gate/Palmetto Ridge 661'a+" Attached are a copy of the resolution and an original of the Interlocal agreement referenced above (Item #16E3), approved by the Board of County Commissioners Tuesday, May 27, 2014. The Statutory Deed is being held as requested for the closing date from the School Board. The original resolution and interlocal agreement were kept by the Minutes and Records Department as a part of the Board's Official Records. If you should have any questions, please contact me at 252-7240. Thank you. 16E 3 RESOLUTION 2014 - l0 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 16E 3 , 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 a"-IL day of I'r1 AY , 2014 after motion, second and majority vote. ATTEST..z......^y i` ;` DWIGI, ;.E .,BROCK,tLERK BOARD OF COUNT COMMISSIONERS COLLIER/UNT y LORIDA BY: li ` .4..,' . .,��r � BY z,;, . ...r 0 Deputy t1etk �'" TOM HENNING, toy airman Attes p c ayr signature on y. Appr ed as to o and legality: . t titz_iiii Scott tone Assistant County Attorney Attachments: Exhibit A—Legal Description, County Property Exhibit B—Legal Description, School Property CP\14-RPR-02567\9 2 of 2 16E 3 INTERLOCAL AGREEMENT (3 Acre Swap-Golden Gate/Palmetto Ridge) THIS INTERLOCAL AGREEMENT (this "Agreement") is made and entered into this ar -- 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 CA-) 16E 3 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. Permittinci & 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. C 16E 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. ATTEE$,TL r A 1 D -FT'E:-BRt CK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER C• NTY FLORIDA ', AI d , �' By: _ 8t, Cii r'Ci'-' Tom Henning, el-irman Attu • stgnatUri only. Appr ed as to form and legality: Scott Stone Assistant County Attorney DISTRICT SCHOOL BOARD OF COLLIER OUNT,Y, FLORIDA By: � -e.; �it; Pat Carroll, Chair ATT,So. T: a Ka ela Patton, Superintendent Ap roved as , form and legal sufficiency: n Jon ishbane, School oard Attorney a • 1 6 E 3 EXHIBIT A Nii E 1 g RNa7i s o' iliA $kk; 5 W P8� C m g `s ;10g c� as 7" $ it ut.srn,LUUms 0 $ F o? BF €_ 75 8'g W I }o�i ia.smc sws< Ca ° a v = Aa "J1 4 aa� 2 so r1' Vg la 20 Al > 6,t,, 8g k..�j�� 7L� 8 i aR i9:, AEA `°93b147 . 8 1 i a n 11 g N a 0a 3 0 § ° ,.. \ ._ i 4 a I 12- ----T: 1! sl „.,q,3 I �xa�, is G � 1J IN 6 ogP€ ^ gam 6 i t4 " 1 ; it Z 8 g g= .> = = §= z w i t ,, .` =� g o ce q F € W a W° i '1 N ° J i h o N ;gii 1:g1 e 1! 1! . • Z L7 _I w o gR b b Wi C . g Ipl ° e !TVA , "1 N- A P ] g ti 'MI yX Y ,XI N0 ggee it 0 E 3 r x W PPIXO g5 � �E3 ° l ' � 0 i Kilg w a na a � o i spa o s a € $ ra 51- Q A n 0 ° $ x Z o n 5 n , N ka4 iii!; t.)..010t w.aim A • wa-[,os•,,a-(n-flu)&e,00-ruai iozUoo-f,nsioevs ■ • 16E . .3 - . EXHIBIT B hi °o:c P. 3a ooh 0 I ' ,- •y m w , WATERWAYSOFNAPLES UNIT FIVE AX 0 PLAT 33.PAGE 1 ` FF _ ....... AE D u. - 01:1 mS AO -- _ rte_ N ,i?A �$m Ii g w .. 1 I i. CB Ng o I ow PI h 1 1 -mss- m f im m o f'© . _. 0 - o . 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A A n c m Z " 0 C r�-- o m A m 0 5'y, 0 .4, age s -. 0 € NN I A- m ii $ 2 7 S s IR ° mN 2� r a y n R o� p� .- P 7 m T N 9 '4 c (�T, g IOi 9. rQ7 ni ..AA i ¢¢" gym` m = : = EF „y , Fo=, $ a A 0 ig r 5.\PRO,.EG(S-SURKY-201\@15 50RK5015W ISL.wO RE00 45 PARK SOLMAFY SURVEY(04)\M057T37 PUN\SURYEY\11-0.-001.00'5 16E3 INSTR 5007815 OR 5058 PG 931 RECORDED 7/16/2014 10:15 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT PROJECT: 3 acre swap COLLIER COUNTY FLORIDA DOC @.70$0.70 REC$18.50 STATUTORY DEED THIS STATUTORY DEED, made this aq day of ���91 , 2014, by COLLIER COUNTY, a political subdivision of the State of Florida, hose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, (hereinafter called the Grantor), to THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, a statutory unit of the State of Florida, whose post office address is 5775 Osceola Trail, Naples, FL 34109, (hereinafter called the Grantee). (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors or assigns.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, does hereby grant, bargain and sell unto the Grantee, the following described land lying and being in Collier County, Florida: See Attached Exhibit "A", which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed by its Board of County Commissioners acting through its Chairman, the day and year aforesaid. ATTEST,. DWIGHT.E'; OE,K, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, LORIDA £ ura - . _ .0 estastoCha+rmaa'8'' Rep► ' Clerk om Henning, Ch% an signature only. Appro1ed as to form and legality: L/Y;1 j sat fill '� Scott tone Assistant County Attorney TFU6 CONVEYANCE APPROVED EY THE BOARD OF COUNTY COMIMOSIONIRS. MUIR COUN %A,+Oti PTO ,a� OF R�OLunON NO. 1(4,�3 • EXHIBITA Page_i_v of._. _. 6 E 3 s\20111722-001\]Un4724-001 E.9(IVLLa[)Yn Yux 24 2012-1 38g.., z d o o f Y0016.xv.9 020(q !Ilia T--iii D5 . 3101�f s a ;r,e'§ 5 a s(y o 4 --_p 1 9 1! o" 1-1 a Y C m 9 s x v r E gi r o n, s I PEI C' ? 1901228Y 004( y Pp I Yp —,,,165 w'IY) L/� ga v = o e m " -z 1 ��W mozmin? it X TX1R22/43-I 111 011 r i ; ;N7au 4g oA goiTRAw; x 444 4 i °Q e n Al T; Allir Oi 8 N a "g'° 4 I' p � agA �N;A ti o a 'sg eA °isoi y RX I o I y I m �--� o g;i a4:R E 44 A 1 R A Niel Z a a iS II 1 Z I n a s AG 1 I I I � a II o: :_ :_ o=F o a A gi 17 o Z o� 8 l'''' g o m ! R ' g 6a ad I mmN , !, Tv RA 2%; I m y z na z eo z i a R O P3 Ao o o , om I p g - - - R : z Z P F-1 i m y l kn ,x n A cG B B ,i A ? P,' n n* - m Na j s n Ii- „ 8°Ap = v � p1m5 = g -i° l'-'q o mo q I, v °v $ q $ q 8F9 14 I- pi- - 1. gilt gi i f\al i , v a EA I Y 1 Y I g v 1 I. I i co F R - ^' , s i 1 11 I //�1 b Y ^° c oy< t eA o a s xS Es 4 11 o .0 _'- is 1. (T$A°gFH a N. _ o �R �� mAr =� V' € 8 sp C oz. g��n5 I ' °oo° mcx m > 8 0 ?� 1s smrs(q 1 6 C"1 " - T 4 NO]rx]T ias.ax N' Z n C ";m Z O p 1 I Is a 50022'2 I 55.15(Y) 1 $d C till s A 1 • INSTR 5007816 OR 5058 PG 933 PAGES 2 E RECORDED 7/16/2014 10:15 AM DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA PROJECT: 3 acre swap DOC @.70$0.70 REC$18.50 STATUTORY DEED THIS STATUTORY DEED, made this 8 day of aPr' , 2014, by THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, a statutory unit of the State of Florida, whose post office address is 5775 Osceola Trail, Naples, FL 34109, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida, 34112 (hereinafter referred to as "Grantee"). (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors or assigns.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, does hereby grant, bargain and sell unto the Grantee, the following described land lying and being in Collier County, Florida: See Attached Exhibit "A", which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed by its Board of County Commissioners acting through its Chairman , the day and year aforesaid. DISTRICT SCHOOL BOARD OF COLLIER 90fAITYFLORIDA .;By: 2, Pat Carroll, Chair FIRST WITNESS (Signature) (Prjnt Nam SECOND WITN SS (Signature) (Print Name) STATE OF \c—\or.kti • COUNTY OF C im\\■4.J The, foregoing Statutory Deed was acknowledged before me this day of \ , 2014, by Pat Carr. , , • b-•alf of the District School Board of Collier County, Florida. She is pers• - - known to m- • ho has produced as identification. % ' MARTA MASSEY (Affix notarial seal) ?�' ,r MYCOMMISSIONIEE023724 • ‘• :. € EXPIRES:October 13,2014 (Signature Nota ) �Rf .: Bonded ThrvNotaiYR!WkUndawncers (Print Name of Notary) Commission# My Commission Expires: A4roved as o •cm and legal sufficiency: S J THIS QONVEYANCE ACCEFTEO COMMISSIONERS, THE Jo ' ishbane, School Board Attorney BOALIER F COUNTYPLO MMI ERS, PURSUANT TO THE PKV!SiONS OF RESOLUTION NU ( -:__ 3 5-ri-14 10E3 16E3 - •O r m €: r� AM. ii. — j I - ` u 1 1 M 1 ` 4 _ GRANORAPIDSBOL'74VARD - ; � EXH161T _ r—' Ia A P 1 - WA WAYS OFNA LE,,GNIT 4 E A " o f o . v o age___of 1 PAT BOOK 33,PAGE ix w I ro II I 4 Fh zt qA 1 - �' n f a m �a © _ , I.,„o i ” ; O °u, v; m x 2 A ^ C�Ny}, 4 y Pg �8 mmy5 G y c` J Iy Ki ' I, ,. k' =$O g Q a „ b - ti 7 Q °g gwo-'g F 2,o 1 o _ w I o qIE- ~-go _ �I� ll o ll m 90'_ � ssa egg Ji c " a °35 fo ,-AARp �I .,,,,< 51'4 E-4- 2Aq5 Al • a a L� w 'A ,; N 0011'43'W 2321.74' N 0011'43"W 4k N OnV4.3' N *n im4 2,4a,=`�i. a N ti 's"E .INE Of SECncw 14 6 `�-?5B.1e'(G) � - - xw.r3(cj( - ------- ----- 'o d NI:0 8§gm§ l i N. 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