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Backup Documents 07/09/2013 Item #16E 8 ORIGINAL DOCUMENTS CHECKLIST& ROUTING SLIP E pit TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW**ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office n ) �'q 1 4. BCC Office Board of County V Commissioners -117 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff � Phone Number ? Y 3 Contact/ Department i.116 to 14(o / Agenda Date Item was ' Agenda Item Number . � l IC.eV Approved by the.BCC 1 • 4 W Type of Document • , Number of Original Attached t� J"4.-e."'`" Documents Attached l PO number or account number if document is to be recorded INSTRUCTIONS &CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been.signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed M " by the Office of the County Attorney. 4. All handwritten strike-through-and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the (',, n document or the final negotiated contract date whichever is applicable. _(_A' 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's (p signature and initials are required. ZJC 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. .� Some documents are time sensitive and require forwarding to Tallahassee within a certain r` time frame or the BCC's actions are nullified. Be pwpre of your deadlines! 8. The document was approved by the BCC on 7/9/'kenter date)and all changes made during the meeting have been incorporated in the attached document. The County )' Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. •; 1:.Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16E8 MEMORANDUM Date: July 15, 2013 To: Michael Dowling, Property Management Specialist Facilities Management Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Agreement w/Big Corkscrew Island Fire Control and Rescue District Attached for your records is a copy of the agreement referenced above, (Item #16E8) approved by the Board of County Commissioners on July 9, 2013. If you have any questions, please contact me at 252-8411. Thank you. Attachments AGREEMENT 16 E 8 THIS AGREEMENT made this 61411 day of 34.1 y , 2013, between the BIG CORKSCREW ISLAND FIRE CONTROL AND RESCI4E DISTRICT, a Special District created by Laws of Florida, Chapter 77-535, as amended, (hereinafter referred to as the `Big 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 CA 8 other good and valuable consideration, acknowledged by the parties to be sufficient,just and a 16E quate, the parties hereto do agree as follows: 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 be 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 attorney'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 2 0 IF TO GOLDEN GATE: 1 6 E 8 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: —act 11 2) ATTEST: BOARD C•UNT COMMISSIONERS DWIGHT E,BROCK, Clerk COLLI R 0 TY, FLORIDA • ,e B y: .Attest=as to h.t' ' GEORGIA A. HILLER, ESQ., Chairwoman Sianatuie opl AS TO BIG CORKSCREW ISLAND: •DATED: �': N.,20/3 ATTEST: BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE BIG CORKSCREW ISLAND r By �'eoL. i�1 / �v Lv2,G�'�C" tv Ramon Eliseo Chao, Secretary/Treasurer PAUL M. PLAMONDON, Chairman AS TO GOLDEN GATE: DATED: Os'-O - - .At GOLD' ■ A ,FIRE CONTROL AND RES r E DI "ICT By: AMP K,vin Gerrity, Secretary/ reasurer DAVE STEADMAN, Chairman 31.elir-OVN Approved as to form and 19 al j Item# L • Agenda c3 Ali A .i. is/ Date mily R. Pe!in, A ssi•rant County Attorney Date 03 3 Redd c52- oeauty Imo— cP