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Agenda 01/08/2013 Item #11C 1/8/2013 Item 11 .C. EXECUTIVE SUMMARY Recommendation to retain from active sales various properties obtained from Avatar Properties, Inc., that are part of the Gulf American Corporation (GAC) Land Trust. OBJECTIVE: For the Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust (Board), to approve the retention of certain properties obtained from Avatar Properties, Inc., for future conveyance to various County agencies for purposes of providing governmental facilities for the residents of Golden Gate Estates. CONSIDERATIONS: On November 15, 1983, Avatar Properties, Inc., and the Board entered into an Agreement whereby Avatar would convey, in phases, to the County, at no cost, 1,061.5 (+1-) acres of property (Trust Lands) in Golden Gate Estates. These conveyances of Trust Lands came with the stipulation that the land itself or money derived from the sale of the Trust Lands would be used by the Board for purposes directly beneficial to the residents of Golden Gate Estates. Pursuant to the 1983 Agreement between Avatar Properties, Inc. and Collier County, the Trust Lands deeded to the County shall be used only to provide governmental facilities for existing and future residents of Golden Gate Estates, with all capital improvements to be physically located within the geographical boundary of the area known as Golden Gate Estates and any proceeds from the sale of Trust Lands as provided in the 1983 Agreement shall be utilized for capital projects to be located within the area known as Golden Gate Estates. The governmental facilities which can be constructed upon said property or with the proceeds of the sale of the property include fire protection facilities, police facilities, public schools, libraries and recreational facilities and equipment necessary for the operation thereof. Neither the Trust Lands nor the proceeds from the sale of any Trust Lands shall be used for the purposes of acquisition, construction or maintenance of roads and bridges, or similar projects. Since November 1, 1988, agenda item 14B3, the Board has authorized setting aside certain Trust Lands for possible future use by Golden Gate Fire Control and Rescue District, Collier County School Board, Parks and Recreation Department and the Sheriffs Office (referred to collectively as "Agency"). At this time, there are 32.31 acres of land reserved by the aforementioned governmental agencies. The Board also requested the County Manager or his designee and the Golden Gate Estates Land Trust Committee (Committee) to continually review the validity of each Agency's needs and to report back to the Board. Staff has recently contacted each Agency to inquire as to its continued interest in the lands reserved for its use or in any other Trust Lands that remain available. The following list indicates the lands that each Agency requested be set aside for its purposes. Packet Page-863- - 1/8/2013 Item 11.C. GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT: Phase Unit Tract Description Acres Folio Number II 78 116 E75/W180 1.17 40749320001 II 78 116 E75/E150 1.17 40749320001 II 93 48 W105/W180 1.17 41714000009 II 93 48 E75NV180 1.14 41713880000 COLLIER COUNTY SCHOOL BOARD: Phase Unit Tract Description Acres Folio Number I 7 81 All of Tract 81 9.11 36915200008 I 20 2 All of Tract 2 8.78 37590080008 I 195 85 All of Tract 85 4.77 45967400009 COLLIER COUNTY SHERIFF'S OFFICE: Phase Unit Tract Description Acres Folio Number III 43 80 All of Tract 80 5.00 38908560009 FUTURE MARKETABILITY: Phase Unit Tract Description Acres Folio Number 14 127 All of Tract 127 5.77 37289560004 17 89 All of Tract 89 4.62 37445840005 24 97 All of Tract 97 5.00 37807880001 49 126 All of Tract 126 5.60 39271840002 18 55 All of Tract 55 4.43 37493920003 95 53 W180 3.92 41824360008 I 96 121 All of Tract 121 4.52 41887560007 II 78 158 All of Tract 158 6.66 40752400002 III 42 1 All of Tract 1 7.38 38840040001 III 67A 110 All of Tract 110 1.49 40120440005 V 62 126 All of Tract 126 5.61 39786160002 Since the inception of the GAC Land Trust, 964.80 acres of the 1,061.50 (+/-) acres conveyed to the Board have been sold. Staff is working diligently to sell the remaining 8.93 acres that are currently available for sale. As mentioned, there are 32.31 acres being held in reserve for governmental agency use, and another 55 acres, as listed in the chart above, are being held for future marketability. At the Golden Gate Estates Land Trust Committee held on September 24, 2012, the Committee recommended that the aforementioned properties be retained from active sales for future need by Agencies or future marketability. The properties will not be deeded to the respective Agencies until such time as improvements are scheduled. Any proposed Packet Page-864- 1/8/2013 Item 11.C. conveyance for Agencies or future marketability shall be presented to the Board of County Commissioners for review. Currently, the GAC Land Trust Fund 605 has approximately $1,102,143.65 in cash reserves that the Board can make available to a County Agency to assist in providing services and/or equipment that is beneficial to the residents of Golden Gate Estates. FISCAL: This item has no fiscal impact. GROWTH MANAGEMENT IMPACT: This item has no impact on the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient. This item requires a simple majority vote. ERP RECOMMENDATION: That the Board of County Commissioners, acting as Trustee, approves the division of Trust Lands as outlined above; authorizes the Golden Gate Estates Land Trust Committee and the County Manager or his designee to review the validity of each Agency's needs for designated Trust Lands and submit the reserved list, with any revisions, to the Board of County Commissioners every five (5) years. PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Property Management, Facilities Management Department Packet Page-865- 1/8/2013 Item 11 .C. COLLIER COUNTY Board of County Commissioners -- Item Number: 11.C. Item Summary: Recommendation to retain various properties from active sales obtained from Avatar Properties, Inc., that are part of the Golden Gate Estates Land Trust. Meeting Date: 12/11/2012 Prepared By Name: DowlingMichael Title: Property Management Specialist, Senior,Facilities 10/9/2012 4:42:10 PM Submitted by Title: Property Management Specialist, Senior,Facilities Name: DowlingMichael 10/9/2012 4:42:12 PM Approved By Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 10/16/2012 9:05:21 AM Name: CampSkip Title: Director-Facilities Management,Facilities Manage Date: 10/16/2012 10:27:01 AM Name: Mott Toni Title: Manager-Property Acquisition &Const M,Facilitie Date: 10/16/2012 5:11:18 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 10/19/2012 1:27:38 PM Name: StanleyTherese Packet Page-866- 1/8/2013 Item 11.C. Title: Management/Budget Analyst, Senior,Office of Manage Date: 10/25/2012 3:37:49 PM Name: PriceLen Title: Administrator, Administrative Services Date: 11/28/2012 9:19:01 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 11/28/2012 1:26:45 PM Name: PryorCheryl Title: Management/Budget Analyst, Senior,Office of Manag Date: 11/29/2012 10:32:40 AM Name: KlatzkowJeff Title: County Attorney Date: 11/29/2012 1:52:16 PM Name: OchsLeo Title: County Manager Date: 12/1/2012 2:29:06 PM Packet Page-867-