Agenda 03/22/2011 Item #16E3
3/22/2011 Item 16.E.3.
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for an amount not to exceed $25,000.00
between the GAC Land Trust and the Big Corkscrew Island Fire Control and Rescue
District (District) for the purchase or Equipment to be used by the District.
OBJECTIVE: To approve and execute the required documenls to allow for GAC Land Trust funds in an
amount not to exceed Twenty-Five Thousand and no/100 Dollars ($25,000.00) 10 be used for the
purchase of Personal Protective Equipment (PPE) for use by the Big Corkscrew Island Fire Control and
Rescue District (Districl).
CONSIDERATIONS: On November 15, 1983, Avatar Properties Inc. and Collier County entered into
an Agreement (1983 Agreement) thai dedicated 1,061.5 acres of property in Golden Gate Estates 10 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 residenls of Golden Gate Estates,
i.e., fire and police prolection facililies and services, public schools, libraries and recreational facilities.
The 1983 Agreemenl also provided that all capital improvements musl be physically located wllhin the
geographical boundaries of Golden Gate Estates.
At the January 24, 2011 Golden Gate Estates Land Trusl Committee meeting, the District made a
presentation to the Committee in which they requested funds in an amount nolto exceed $25,000.00 for
the purchase of lhe Equipment as outlined in lhe Agreement.
The Equipment includes personal protective equipment for use by the District's firefighters, a supply hose
to be installed on one of the District's fire engines to bring it into compliance wllh the National Fire
Protection Association standards and 5 gas monilors which are used to determine carbon monoxide
levels.
After hearing the District's presentation, the Land Trust Committee voted unanimously (4-0) to
recommend that the Board approve lhe District's request for an amount not to exceed $25,000.00 for the
purchase of the Equipment. The District will have twelve months from lhe execution of the Agreement in
which to expend the funds.
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, I nc. as required by the 1983 Agreement.
FISCAL IMPACT: A total allocation of $25,000.00 shall be withdrawn from Fund 605 Reserves and
deposited into lhe appropriate Fund 605 operating account.
GROWTH MANAGEMENT IMPACT: There Is no impact to 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.-JBW
RECOMMENDATION: That lhe Board of County Commissioners, acling as Trustee, approve the
attached Agreement providing for funding in an amount not to exceed $25,000.00; authorize the
Chairman to execute the attached Agreement and authorize the necessary Budget Amendment
PREPARED BY: Jason Bires, Property Acquisition Specialist, Real Property Management, Facilities
Management Department.
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3/22/2011 Item 16.E.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.3,
Item Summary: Recommendation to approve an Agreement for an amount not to exceed
$25,000 between the GAC Land Trust and the Big Corkscrew Island Fire Control and Rescue
District (District) for the purchase of Equipment to be used by the District.
Meeting Date: 3/22/2011
Prepared By
Name: BiresJason
Tit]e: Property Acquisition Specialist,Facilities Managem
3/3/2011 3 :39:4] PM
Submitted by
Title: Property Acquisition Specialist,Facilities Managem
Name: BiresJason
3/3/20]] 3:39:43 PM
Approved By
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 3/3/201] 4:28:19 PM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 3/3/20] 14:56:]9 PM
Name: MottToni
Title: Manager - Property Acquisition & Const M,Faci litie
Date: 317/2011 ]2:58:07 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 317/2011 1 :45:36 PM
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Name: PriceLen
Title: Administrator - Administrative Services,
Date: 3/9/2011 9:29:35 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/9/20114:01:19 PM
Name: StanleyTherese
Title: ManagementlBudget Analyst, Senior, Office of Management & Budget
Date: 3/11/2011 9:34:59 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 3/14/2011 ] :24:32 PM
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3/22/2011 Item 16.E.3.
V\JU" I I ,,",,\,.IIVII.II"o;)IVPU::~"', Jo\\.. III"'U 11'1 I nt:lf\ \...fU'''''''''11 1 "'~ I n.U~ I t:t: Vt' I nt: uAv I-ANU
TRUST, (hereinafter referred to as "Trustee"), whose mailing address is 3299 Tamiami Trail East,
Suite 303, Naples, Florida 34112, and the BIG CORKSCREW ISLAND FIRE CONTROL AND
RESCUE DISTRICT, whose mailing address is 13250 Immokaiee Road, Naples, Fl 34120
(hereinafter referred to as "District").
WHEREAS, Trustee has acquired 1,061,5 acres located in Collier County, Florida
(hereinafter referred to as "Property"), from Avatar Properties Inc. flk/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 District is requesting funds from the GAC land Trust to purchase personal
protective equipment to include 8 sets of bunker coats, bunker pants with suspenders, bunker
boots, structural gloves, helmets and self contained breathing apparatus face pieces; a supply hose
which is needed to bring the fire engine into compliance with the National Fire Protection
Association standards; and 5 gas monitors which are used to determine carbon monoxide levels
(hereinafter referred to as "Equipment"); and
WHEREAS, Trustee has determined that the District's request is in accordance with the
intent of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by providing
funds for the Equipment in which the District will use in their service to the residents of Golden Gate
Estates; and
. J
WHEREAS, Avatar Properties Inc. has provided a "letter of No Objection", dated 2/1-5/1 \ ,
approving the use of land Trust Funds for the purchase of the Equipment for use by the District.
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 contribute an amount not to exceed Twenty-Five Thousand
and no/l00 dollars ($25,000.00) to be expended by the District for purposes hereinafter stated,
(hereinafter referred to as "Funds") in accordance with the terms and conditions of this Agreement,
provided said Funds are to be used solely for the purchase of the Equipment.
2. The District agrees and warrants that the Funds will be used solely for the purChase
of said Equipment.
3. The District hereby agrees that the purchase of the Equipment 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 the ordering or receiving of any
goods or services purchased under this Agreement.
4. Payment of the Funds to the District for the purchase of the EquipmentshaU be in
accordance with the following:
A. The Trustee shall make available funds in an amount not to exceed Twenty-Five
'"Thousand and no/l00 dollars ($25,000.00) to reimburse the District for the purchase of the
:quipment. Said reimbursement 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 District or its designee shall: (a) provide Real Property Management Manager,
copies of all invoices, purchase orders or other documentation which shall clearly state the purposes
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the Trustee,
D. The District 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 District to pay any remaining balance required for the purchase of the Equipment.
E. 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
Equipment is not purchased by the District within twelve (12) months from the execution of this
Agreement, it is understood and agreed upon by the parties that the District shall refund or repay to
Trustee, within thirty (30) days, any and all funds which have been provided to the District pursuant
to the provisions of the 1963 Agreement.
5. The District agrees to protect, defend, indemnify and hold the Trustee harmless from
any and all claims, actions, causes of action or liabilities including attorney's fees and costs arising
from or in any way connected with the use of the funds or the selection, purchase, delivery or
installation or use of the Equipment by the District, its agents, employees, or in any way related to
the Equipment by the District, its agents, employees or any third party.
6, The District understands and agrees that the funds to be provided to Collier 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).
7, The District agrees that the following purchase of the Equipment shall be used
primarily for providing fire protection service to the residents of Golden Gate Estates.
8.
of Florida,
This Agreement is governed and construed in accordance with the laws of the State
9. Any notice required by this Agreement shall be addressed to the parties at the
address set forth below:
IF TO THE BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT:
Big Corkscrew Island Fire Control and Rescue District
13250 Immokalee Road
Naples, FL 34120
IF TO THE TRUSTEE:
Collier County
c/o Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, FL 34112
10, In the event that the Equipment ceases to be utilized by the District as described in
Paragraph 2, the District agrees that the District shall pay to the Trustee, within thirty (30) days, an
amount equal to the fair market value of the Equipment as of the date that the Equipment ceases to
be used by the District as described in Paragraph 2. The fair market value shall be determined by a
third party, selected by the County, who is determined to be qualified to establish the valuation of
the Equipment or upon mutual agreement of the Trustee and District.
11. 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.
AS TO TRUSTEE:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
AS TO BIG CORKSCREW ISLAND FIRE
CONTROL AND RESCUE DISTRICT
DATED: --YlJ#O
ATTEST:
BY: ~~~
R. Eliseo Chao, Secretary
Approved as to form and
legal sufficiency:
~ --0.: ~.\ -t-.
'\'. \.J U 'vvJV- .~
,\ 1(-
Jennifer::BfWhite C'\ ./
Assistant County Attorney 'Ct
-',
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Fred W. Coyle, Chainnan
BIG CORKSCREW ISLAND FIRE CONTROL
AND RESCUE DISTRICT /~
/...) IJ /../ ~ 17
BY: (Q:aX M I /' .. m~"-(
Paul M. Plamondon, Chairman
3/22/2011 Item 16.E.3.
AVATAR PROPERTIES INC.
Patricia K. Fletcher
Florida, 19R3
Direct Dial: (305) 442.7000 x2219
Facsjml1c~ (305) 441-7876
E.~'lail: pk _ fletchcr@avatarholdings.com
February 1 5,2011
VIA EMAIL AND
VIA FACSIMILE (239) 252-8876
Mr. Jason Bires
Property Acquisition Specialist
Collier County Government
Real Estate Services
330] E. Tamiami Trail
Naples, FL 34112
Re: ] 983 Agreement between Avatar Properties lnc. and Collier County
Funding in an Amount not to exceed $25.000.00 for the Purchase of
EqUIpment to be utilized by The Firefighters of BJg Corkscrew
Island Fire Control & Rescue DJstric!
Dear Mr. Bnes:
On behalf of Avatar Properties lnc., I would hereby acknowledge receipt of your letter dated
February 4. 2011 whIch references the above captioned matter. I have reviewed your letter and hereby
advise you that Avatar Properties Inc. has no objection to the contemplated transaction set forth therem,
Specifically, the expenditure of not 1110re than $25,000.00 from the GAC Land Trust under the 1983
Agreement for the purchase of the equIpment is approved.
If I can be of fUJiher assIstance, please feel free to contact me at your convenience.
Very Tru]y Yours,
AVATAR PROPERTIES me.
Pre 1U?1tlJ...-...
Patricia Kimball Fletcher
ExeculIve Vice President
General Counsel
PKF/md
cc: Mr. Jon Donnell
Mr. Michael Rama
201 .4lhambra Circle, 12th Floor, Coral Gables, FL 33134 . 3054427000
G:' \V.11ZlT Properties lnc\CorrespomJcnceILctters\Scllt\Bires. Big Corkscrew Island 2-14-11 doc
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