Agenda 07/24/2012 Item #16E17/24/2012 Item 16.E.1.
EXECUTIVE SUMMARY
Recommendation to approve and execute an Agreement to provide the Collier County
Library Department funding for an exterior sign at the Golden Gate Estates Library which
is located at 1266 Golden Gate Boulevard West in Golden Gate Estates, in an amount not
to exceed $20,000.
OBJECTIVE: For the Board to approve an Agreement 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 Committee (Board), and the Collier County Library Department (County) for the funding of an
external sign.
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 the January 23, 2012 regular meeting of the Golden Gate Estates Land Trust Committee (Committee),
the County made a presentation to the Committee in which they were requesting funding for an external
sign to be placed at the 1266 Golden Gate Boulevard West location. The sign will be used to advertise
scheduled events to be held at the library. At that meeting, the Committee requested revisions to the
proposed sign and the County returned to the March 26, 2012 meeting, at which time the Committee
approved the request to fund the sign at a cost not to exceed $20,000. This cost would include the
design, permit, sign, installation, required landscaping and electricity.
The Committee voted unanimously (4 -0) to approve the funding request for an amount not to exceed
$20,000. With this vote, the Committee recommends that the Board of County Commissioners approves
the funding request made by the County.
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. as required by the 1983 Agreement.
FISCAL IMPACT: A total allocation of an amount not to exceed $20,000 shall be withdrawn from Fund
605 Reserves and deposited into the appropriate Fund 605 operating account.
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board action. -
JBW
RECOMMENDATION: That the Board of County Commissioners, acting as Trustee, approves the
attached Agreement providing for funding in an amount not to exceed $20,000; authorize the Chairman to
execute the attached Agreement and authorize the necessary Budget Amendment,
PREPARED BY: Michael H. Dowling, Senior Property Management Specialist, Real Property
Management, Facilities Management Department.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.1.
7/24/2012 Item 16.E.1.
Item Summary: Recommendation to approve and execute an Agreement to provide the
Collier County Library Department funding for an exterior sign at the Golden Gate Estates
Library which is located at 1266 Golden Gate Boulevard West in Golden Gate Estates, in an
amount not to exceed $20,000.
Meeting Date: 7/24/2012
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities
6/25/2012 3:31:19 PM
Submitted by
Title: Property Management Specialist, Senior,Facilities
Name: DowlingMichael
6/25/2012 3:31:21 PM
Approved By
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 7/9/2012 12:20:36 PM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 7/9/2012 12:57:27 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 7/9/2012 2:59:54 PM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 7/11/2012 3:54:53 PM
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Name: KlatzkowJeff
Title: County Attorney
Date: 7/12/2012 9:45:54 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 7/13/2012 4:40:33 PM
Name: OchsLeo
Title: County Manager
Date: 7/13/2012 10:31:48 PM
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7/24/2012 Item 16.E.1.
7/24/2012 Item 16.E.1.
AGREEMENT
T FUS 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. 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
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 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 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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7/24/2012 Item 16.E.1.
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
c/o 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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7/24/2012 Item 16.E.1.
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: COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA, BY ITS BOARD OF COUNTY
DATED: COMMISIONERS, ACTING IN THEIR CAPACITY AS
ATTEST: TRUSTEE OF THE GAC LAND TRUST
DWIGHT E. BROCK, Clerk
BY:
FRED W. COYLE, CHAIRMAN
AS TO COUNTY: 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, CHAIRMAN
DWIGHT E. BROCK, Clerk
Approved as to form and legal sufficiency:
Jennifer . White, Assistant County Attorney
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7/24/2012 Item 16.E.1.
AVATAR PROPER TIES INC
valeffel Giiain
-Mojida,4'993
Direst h44.' 00Y427-704.5
Facsimile: (M6) 427.7192
E-Maib v gfttdit@avb6ibesint.com
July 3,201-1
W Michadt"Dowring
ni ]��Mp
or
C olHer Coun1*rR-cW Pr6p&ty ManAgem,6nt',
3335EadTanflarniTrail
Napiesi.Vlorida 34.112'
Re 1983, Agreement between Avatar Propefties :Inc: and Collier County - � F 4& -
�. -114y, in an
Amount: not to exceed 320-.000.00 for lhd-: Purebase of s - 6 :for the. Golden. Gate
Estates Library`
Dcar,,Mr. Dowling.:
On behalf. ofAvatar Properties = :Inc., I ---heTeby aqkqipwJ;#V rqmpt.,,of yq4r. Igo- er -dated,
June, *., 2VII which references 'the ,above captioned .matter.:, lhavar=-'ewedyour letter, and
hereby advise, you that Avatar Pro I pottles Inc, has no, 'obj- ei etioii to the cbfiteinpfated transaction
set forth th 8 the -expenditure of mot.-more than$20,00GAO from. the � GAt.,Land
erein, peci
Trust under the - Agreement, the for 9-purchase -pf the sign .14,' approved,
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If canbe o ff ziherassistance,-please feel ,free to zo1ntactme at your
convenience,_
,=Tzl4e.Drive, Kissbnn;oe,,Fioridq.3 -B68-4217000
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