Agenda 07/09/2013 Item #16E8 7/9/2013 16.E.8.
EXECUTIVE SUMMARY
Recommendation to approve and execute an Agreement to donate equipment from Big
Corkscrew Island Fire Control and Rescue District to Golden Gate Fire Control and Rescue
District under the Golden Gate Estates Land Trust 1983 Agreement.
OBJECTIVE: For 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 Committee (Board), to approve the
donation of equipment from Big Corkscrew Island Fire Control and Rescue District to Golden Gate Estates
Fire Control and Rescue District which was originally purchased with Golden Gate Estates Land Trust
Funds.
CONSIDERATIONS: 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,
i.e., 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.
At a special meeting of the Golden Gate Estates Land Trust Committee (Committee) held on March 20,
2013, Big Corkscrew Island Fire Control and Rescue District (Corkscrew) petitioned the Committee for
approval to donate used equipment to Golden Gate Fire Control and Rescue District (Golden Gate). The
equipment, which consists of a truck cab and chassis, was originally purchased with funds from the Golden
Gate Estate Land Trust under an Agreement dated June 20, 2006 (Equipment).
The Committee voted 3 to 0 (the fourth and fifth positions are vacant) to approve the donation request. With
this vote, the Committee is making a recommendation to the Board of County Commissioners to approve the
donation request made by Corkscrew.
The original price of the equipment purchased in 2006 was $60,200, and its current value is $15,000. Under
the conditions of the 1983 Agreement, which require that funds expended from the Trust be used within the
geographical boundary of Golden Gate Estates, this equipment must remain within the aforementioned
boundary and continue to assist all Fire Districts within Golden Gate Estates.
The Agreement has been reviewed and approved by the County Attorney's Office and a Letter of No
Objection has been obtained from Avatar Properties, Inc.
FISCAL IMPACT: There is no fiscal impact to this request.
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority
vote for Board approval. - ERP
RECOMMENDATION: That the Board of County Commissioners, acting as Trustee, approves the attached
Agreement providing for the donation of Equipment from Big Corkscrew Island Fire Control and Rescue
District to Golden Gate Fire Control and Rescue District and authorize the Chairman to execute the attached
Agreement.
PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Property Management,
Facilities Management Department
Packet Page-1238-
7/9/2013 16.E.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.8.
Item Summary: Recommendation to approve and execute an Agreement to approve the
donation of equipment from Big Corkscrew Island Fire Control and Rescue District to Golden
Gate Fire Control and Rescue District under the Golden Gate Estates Land Trust 1983
Agreement.
Meeting Date: 7/9/2013
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities
6/27/2013 10:09:51 AM
Approved By
Name: Mott Toni
Title: Manager-Property Acquisition&Const M,Facilitie
Date: 6/27/2013 2:39:11 PM
Name: CampSkip
Title: Director-Facilities Management,Facilities Manage
Date: 6/28/2013 8:52:33 AM
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 6/28/2013 10:23:53 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 6/28/2013 11:38:10 AM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 6/28/2013 1:44:33 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Packet Page-1239-
7/9/2013 16.E.8.
Date: 6/28/2013 3:03:07 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/28/2013 3:48:36 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 7/1/2013 9:24:10 AM
Name: OchsLeo
Title: County Manager
Date: 7/1/2013 10:04:07 AM
Packet Page-1240-
7/9/2013 16.E.8.
AGREEMENT
THIS AGREEMENT made this day of , 2013. between
the BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT. a Special District
created by Laws of Florida, Chapter 77-535. as amended. (hereinafter referred to as the 'Bin
Corkscrew Island') whose mailing address is 13240 Immokalee Road, Naples, Florida 34120, and
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, an Independent Special District of
the State of Florida, a body corporate and politic (Special Acts 87-498), (hereinafter referred to as
'Golden Gate), whose mailing address is 14575 Collier Blvd
Naples. Florida 34119, and 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 'County ),
whose mailing address is 3335 Tamiami Trail East, Suite 101.Naples. Florida 34112
WHEREAS. County 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 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 Big Corkscrew Island and County entered into an Agreement dated June 20,
2006 ("Original Agreement') wherein the Big Corkscrew Island was authorized to use GAC funds to
purchase a new cab and chassis, hereinafter collectively referred to as Equipment. A stipulation of the
Agreement provided if the Equipment ceased to be used primarily for fire protection within Golden
Gate Estates, the Big Corkscrew Island agreed to pay the County an amount equal to the fair market
value of the Equipment: and
WHEREAS, the Big Corkscrew Island would like to donate the Equipment to the Golden Gate
Fire Control and Rescue District (hereinafter referred to as 'Golden Gate'). which also provides fire
protection to the residents of Golden Gate Estates;and
WHEREAS, Golden Gate is willing to accept the donation from Big Corkscrew Island: and
WHEREAS, Avatar Properties Inc,has provided a "Letter of No Objection", dated - / 3 .
approving Big Corkscrew Island's donation of the Equipment and the Golden Gate's acceptance of the
Equipment: and
WHEREAS, the County has determined that authorizing the Big Corkscrew Island to donate the
Equipment to Golden Gate is in accordance with the intent of the provisions of the 1983 Agreement
and accomplishes the purposes of said 1983 Agreement by providing fire and rescue protection to the
residents of the Golden Gate Estates Area.
NOW THEREFORE. in consideration of the above premises which are incorporated herein and
made part of this Agreement, and in further consideration of the mutual covenants set forth below, and
1
Packet Page -1241-
7/9/2013 16.E.8.
other good and valuable consideration, acknowledged by the parties to be sufficient,just and adequate,
the parties hereto do agree as follows:
di.Oadk
1. The County hereby authorizes Big Corkscrew Island to donate the Equipment to Golden
Gate:
2. Golden Gate agrees that following the donation, and at all times thereafter. the Equipment
shall be used to provide for fire and rescue protection within the geographical area commonly known
as "Golden Gate Estates". This Agreement is not intended, however to preclude the use of the
Equipment within non-estates areas of the District so long as the primary use is for efficient fire and
rescue protection services within Golden Gate Estates.
3. In the event that the Equipment ceases to be utilized by Golden Gate. or if the Equipment
ceases to be used in accordance with the terms of this Agreement, or if the Equipment ceases to be
used due to the life of the Equipment. Golden Gate agrees to contact the County notifying of the non-
use and agrees to pay the County an amount equal to the fair market value of the Equipment, as of the
date the Equipment ceases to be used by the Golden Gate. The fair market value shall be provided by a
third party which shall he selected by the County and which is determined to be qualified to establish
the valuation of the Equipment. The County shall then provide Golden Gate with the valuation and
Golden Gate shall provide payment in that amount thirty days from that notification by the County. If
the Equipment is deemed obsolete and of no value by the third party, the County shall inform Golden
Gate of that determination and shall provide direction as to the method of the Equipment's disposal.
4. Golden Gate agrees to protect., defend, indemnify and hold Big Corkscrew Island and the
County harmless from any and all claims, actions. causes of action or liabilities including attomey's
fees and costs arising from or in any way connected with the donation of the Equipment by Big
Corkscrew Island, its agents, employees, or in any way related to the use of the Equipment by Golden
Gate,its agents. employees or any third party.
5. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
6. Any notice required by this Agreement shall be addressed to the parties at the address set
forth below:
IF TO COUNTY:
Collier County
c/o Real Property Management
3335 Tamiami Trail East. Suite 101
Naples, Florida 34112
IF TO BIG CORKSCREW ISLAND:
Big Corkscrew Island Fire Control and Rescue District
13240 Immokalee Road
Naples, Florida 34120
Packet Page -1242-
7/9/2013 16.E.8.
IF TO GOLDEN GATE:
Golden Gate Fire Control and Rescue District
14575 Collier Boulevard
Naples. Florida 34119
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 all parties.
8. This Agreement is not assignable.
9. The Original Agreement is hereby terminated.
IN WITNESS WHEREOF. Big Corkscrew Island, Golden Gate and the County have caused
this Agreement to be duly executed on the day and year first above written.
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK. Clerk COLLIER COUNTY. FLORIDA
By:
GEORGIA A. HILLER. ESQ.. Chairwoman
AS TO BIG CORKSCREW ISLAND:
DATED: 2013
ATTEST: BIG CORKSCREW ISLAND FIRE CONTROL
AND RESCUE BIG CORKSCREW ISLAND
av: id r ,.(1'4,
Ramon Eliseo Chao, Secretary/Treasurer PAUL M. PLAMONDON. Chairman
AS TO GOLDEN GA'IE:
DATED: OS'- *c3- •ito GOLt w-, 'IRE CONTROL AND
(2/ 11 RES DI '"ICI
By: AM,
K yin Gerrity. Secretary reasurer DAV * STEADMAN. Chairman
E-1)Tr\
Approved as to form and legal sufficiency:
I
AMA 14-#1
mily R. P-tin. ssi-ft: t County Attorney
Packet Page-1243-
'ram: Dave Gomez[D.Gomez @avhomesinc.comj
;ent: Monday,June 03, 2013 5:54 PM 7/9/2013 16.E.8.
ro: DowlingMichael
;object: RE: Michael Dowling from Collier County Government
Michael,
kV Homes, Inc. (parent company of Avatar Properties, inc.) has no objections to the transfer of a cab and chassis from the fire truck-as
mentioned in your letter of April 11, 2013. If you should need anything further, please feel free to email or call at your convenience.
"hank you,
)ave
)ave Gomez [ Executive VP&General Counsel
601 N.Scottsdale Rd.Ste 225 I Scottsdale AZ 85253
),480-214-7 388 c.602-410-8259
vww.avhomesinc.com
a_
'rom: DowlingMichael [mailto:MichaelDowlinq(acolliergov.net] __ _.._-~_
>ent: Monday,June 03, 2013 2:44 PM
ro: Dave Gomez
;object: Michael Dowling from Collier County Government
iii Mr. Gomez,
Amok
Thank you for taking my call earlier.
Jere is my email for your use.
'hank you again!
✓lichael
!nder Florida Law.e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this
ntity. Instead,contact this office by telephone or in writing.
1OTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be
agally privileged. If you are not the intended recipient, you must not review,retransmit, convert to hard copy, copy, use or
lisseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by
eturn e-mail or by telephone 863-427-7081 and delete this message. Please note that if this e-mail message contains a
orwarded message or is a reply to the prior message, some or all of the contents of this message or any attachments may not
lave been produced by the sender.
Packet Page -1244-
7/9/2013 16.E.8.
COLLIER COUNTY GOVERNMENT
ADMINISTRATIVE SERVICES DIVISION 3335 EAST TAMIAMI TRAIL
REAL PROPERTY MANAGEMENT NAPLES,FL 34112
PHONE(239)252-8743
FAX(239)252-8876
April 11, 2013
Mr.David Gomez
Executive Vice President&General Counsel
Avatar Holdings Inc.
201 Alhambra Circle
Coral Gables,Florida 33134
SUBJECT: Request approval for Big Corkscrew Island Fire Control and Rescue District to donate a cab and
chassis, which was paid for by funding from the Golden Gate Estates Land Trust Fund, to the
Golden Gate Fire and Rescue District,which is located and serves Golden Gate Estates subdivision
of Collier County,Florida.
Dear Mr.Gomez:
As required in the1983 Agreement between Avatar Properties, Inc. and Collier County, Collier County is
required to make your company aware of certain matters governed in the Agreement.
At a Special Meeting of the Golden Gate Estates Land Trust Committee held on March 20, 2013, a request was
made by Big Corkscrew Island Fire Control and Rescue District to donate a cab and chassis from one of the Fire
District's trucks to the Golden Gate Fire Control and Rescue District. Both of the Districts are located within the
boundaries of the Golden Gate Estates Subdivision of Collier County, Florida.
After hearing the request and having a brief discussion among the Committee members, the Committee voted
unanimously(3-0)to approve the donation request.
For your reference, a copy of the Agreement, which has been approved by the Office of the County Attorney, is
attached for your review.
If the request is acceptable to you and there is no objection to the request, kindly provide a Letter of No
Objection with respect to this request.
Once your letter is received, I shall provide that response within the Executive Summary that will be submitted
to the Board of County Commissioners along with the Agreement for the donation.
Please contact me at 239-252-8743 or by email at michaeldowling(a,colliergov.net if you have any questions
relating to this request.
Sincerely,
•
4.666;
Michael H.Dowling
Senior Property Management Specialist
Golden Gate Estates Land Trust Committee Liaison
Collier County Real Property Management •
Packet Page-1245-