Agenda 02/12/2013 Item #16E62/12/2013 16.E.6.
n COLLIER COUNTY
Board of County Commissioners
n
Item Number: 16.16.E.16.E.6.
Item Summary: Recommendation to approve a budget amendment to facilitate the
reimbursement of funds to the Golden Gate Estates Library and the Louise Hasse Community
Center for completed work per previously approved agreements with the Golden Gate Estates
Land Trust Fund (605). Total fiscal impact $311,024.39.
Meeting Date: 2/12/2013
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities
1/23/2013 5:18:58 PM
Approved By
Name: pochopinpat
Title:. Administrative Assistant,Facilities Management
Date: 1/28/2013 8:54:28 AM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 1/28/2013 1:05:21 PM
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 1/29/2013 8:42:29 AM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 1/29/2013 10:46:28 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 1/30/2013 9 :33:14 AM
Name: KlatzkowJeff
Title: County Attorney
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Date: 1/30/2013 10:22:36 AM
2/12/2013 16.E.6.
n
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Manag
Date: 1/30/2013 11:16:29 AM
Name:lsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 2/1/2013 9:58:46 AM
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2/12/2013 16.E.6.
� EXECUTIVE SUMMARY
Recommendation to approve a budget amendment moving funds from the Golden Gate Estates
Land Trust Fund (605) reserves in the amount of $311,024.39 in order to reimburse Parks Capital
Fund (306) and the Library Trust Fund (612) in the amounts of $300,000 and $11,024.39
respectively for capital expenses associated with construction of the Louise Hasse Community
Center expansion and exterior signage at the Golden Gate Estates Library.
OBJECTIVE: Reimburse Parks Capital fund (306) and Library Trust Fund (612) for certain capital
expenses utilizing golden Gate Land Trust Fund reserves pursuant to previously approved agreements.
CONSIDERATIONS: In FY 10/11 and FY 11/12, Executive Summaries were submitted to the Board of
County Commissioners with Agreements in order to grant funds from the Golden Gate Estates Land
Trust for work to be performed on two separate projects. At this time, both projects have been
completed and require the reimbursement from Golden Gate Estates Land Trust Fund (605).
On November 9, 2010, item 16 E -4, a request for funds to be allocated for an amount of 60% of the
total cost of the construction expansion of the Louise Hasse Community Center for an amount not to
exceed $300,000. An Amendment to that Agreement was submitted to the Board on November 8,
2011, item 16 E-4, recognizing that the construction project would continue into the next fiscal year and
to re- allocate funds from FY 10/11 to FY 11/12 in anticipation of the project's completion date. At this
time, the work has been completed and the Land Trust is required to reimburse the Parks and
Recreation Department for the work completed per the Agreement approved by the Board on the
aforementioned date. The actual cost of the expansion project was $578,868.28, of which
reimbursement will be at the maximum amount of $300,000.
On July 24, 2012, item 16 E -1, a request for funds to be allocated for an amount not to exceed $20,000
for the construction and installation of an exterior sign at the Golden Gate Estates Library was
approved by the Board. The work has been completed with an actual cost of $11,024.39. The Land
Trust is ready to reimburse the Library Department for the payment of the sign per the Agreement
which was approved by the Board of the aforementioned date.
FISCAL IMPACT: Funds are available in reserves of the Golden Gate Estate Land Trust Fund (605) for
these reimbursements. Parks Capital Fund (306) and Library Trust Fund (612) will be reimbursed
$300,000 and $11,024.39 respectively for expenses already incurred.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The attached Budget Amendments are legally sufficient and requires a
majority vote for Board action. — EP
RECOMMENDATION: Approve the necessary budget amendment.
PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Property
Management, Facilities Management Department
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2112/2013 16.E.6.
AGREEMENT
THIS AGREEMENT made this q day of Q00A 2010 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, (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 1583 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 1 J
WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection ", dated (jJ +lit
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 rexceed 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
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2/12/2013 16.E.6.-,,
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).
S. 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 ".
Florida. 7. This Agreement is governed and construed in accordance with the laws of the State of
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.'
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2/12/2013 16.E.6.:
AS TO TRUSTEE:
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE
DATED: ' l'Y!V
STATE OF FLORIDA, BY ITS BOARD OF COUNTY
COMMISIONERS, ACTING IN THEIR CAPACITY AS
ATTEST:
TRUSTEE OF THE GAC LAND TRUST
DWIGHT E..13 Q „K, Clerk
C
BY: {
FRED W. COYLE, CHAIRMAN
AS TO Ct3U, i 5. I
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA FOR AND ON BEHALF OF THE PARKS
AND RECREATION OF COLLIER COUNTY
DATED: . . le, Tab '
�EPA�RTMENT
BY:
ATTESTT "”.
FRED W. COYLE, CHAIRMAN r
DWIGHT E. BROCK, Clerk
Approved-as to form and
legal sufficciiency:
This Cap ruse Approved Ely
The
Jennifer' .White,
Assistant County Attorney
T'_ Commssiawrs
miaskmers
Collier Coudly Florida,
Pursuant, o rt is
Date• �- i-is item No: I+ily
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�1
2/12/2013 16.E.6.
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT, made this 7—TL day of NnVe A. 2011
between COLLIER CONTY, 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, FL 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, FI 34119.
WITNESSETH
WHEREAS, the Trustee and the County have previously entered into an Agreement
dated November 9, 2010; and
WHEREAS, the Trustee and County are desirous of amending said Agreement: and
NOW THEREFORE, in consideration of the covenants and agreements provided within
the said Agreement dated November 9, 2010 and Ten Dollars ($10.00) and Other Valuable
Consideration, the said Agreement is hereby amended as follows:
1. Paragraph "4F" of the Agreement is hereby deleted in its entirety and the following
provision is substituted in its place:
All Funds requested, in accordance with this paragraph shall be disbursed within
twenty-four (24) months of the execution of this Amendment to Agreement by both
parties. In the event that the Expansion is not completed by the County within
twenty -four (24) months from the execution of this Amendment to Agreement, it is
understood and agreed by the parties that the County shall refund or repay to the
Trustee, within thirty (30) days, any and all Funds which have been provided to
^ the County pursuant to the provisions of the 1983 Agreement.
IN WITNESS WHEREOF, the Trustee and County have hereto executed this Amendment
to Agreement the day and year first above written.
AS TO TRUSTEE: Collier County, a Political Subdivision of the State of
Florida, by its Board of County Commissioners, acting
DATED: in their capacity as Trustee of the GAC Land Trust
C "4 ?"
ATTEST. "'• • • .......
DWI FIT �-. BRO G.brk l
�1,bC
Ltdi� 05 t16"f "ljariw i
wiw�atttrs au,.�•'�T•
AS TO CbUNTt a -''-
DATED: !'ZDJ• 0 . d t t
ATTEST: , ,
DWIGHT t.bR' ^CCK, Cleric
AiteA. as to, safi� frvtisA i
Apprt�e�. as• to;fgro- and
legal sufficierSc'
Jenn B. White,
Assistant County Attorney
1 /_ C J
BY: "—A� W. CJS,-
FRED W. COYLE, CHAIFWAN
Collier County, a Political Subdivision of the State of
Florida, by its Board of County Commissioners, acting
for and on behalf of the Parks & Recreation Department
of Collier C un ly
BY: ),`'`k W. CJ,
FRED W. COYLE, CHAIRMAN
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2/12/2013 16.E.6.
AGREEMENT
THIS AGREEMENT made this day of 2012 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, (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 LIBRARY DEPARTMENT
OF COLLIER COUNTY, (hereinafter referred to as "County "), whose mailing address is 2385
Orange Blossom Drive, Naples, FL 34109.
WHEREAS, Trustee has acquired 1,061.5 acres located in Collier County, Florida
(hereinafter referred to as "Property"), from Avatar Properties Inc. fWa 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
outdoor sign at the Golden Gate Estates Library located on Golden Gate Boulevard 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 outdoor sign at the Golden Gate Estates Library in Golden Gate Estates
(hereinafter referred to as "Sign); and
WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection ", dated July 3,
2012, approving the use of funds derived from the sale of Property to fund the Sign 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 for the total cost of the Sign for a
maximum amount not to exceed Twenty Thousand and no /100 Dollars ($20,000.00), 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 Sign.
2. The County agrees and warrants that the funds will be used solely for said Sign.
3. The County hereby agrees that the funding of the Sign shall be conducted in a manner
consistent with the Board of County Commissioner's purchasing policy and m 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 Sign shall be in accordance with the
following:
A. The Trustee shall make available the funds for the Sign 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.
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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
Sign 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 Library Director or their designee, stating that the Sign has been completed in a
satisfactory manner and directing the Trustee to reimburse the County. In no way shall the amount to
be reimbursed exceed Twenty Thousand and No /100 dollars ($20,000.00).
C. Within thirty (30) days after receipt and approval of the above described
documentation, a County warrant for reimbursement shall be prepared and made payable to the
County.
D. Upon completion of the Sign, 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 Sign.
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 Sign.
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 Sign 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 refimd 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 Sign, 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 Library Department
2385 Orange Blossom Drive
Naples, FL 34109.
IF TO THE TRUSTEE:
Collier County
cto Real Property Management Section
Facilities Management Department
3335 Tamiami Trail East, Suite 101
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.
(signatures appear on following page)
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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
AS TO COUNTY:
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA, BY ITS BOARD OF COUNTY
COMMISIONERS, ACTING IN THEIR CAPACITY AS
TRUSTEE OF THE GAC LAND TRUST
BY:
FRED W. COYLE, CHAIRMAN
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA FOR AND ON BEHALF OF THE
LIBRARY DEPARTMENT OF COLLIER COUNTY
DATED: BY:
ATTEST: FRED W. COYLE, CHAIItMAN
DWIGHT E. BROCK, Clerk
Approved as to form and legal sufficiency:
Jennifer . White, Assistant County Attorney
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