Agenda 04/23/2019 Item #16C1 (Golden Gate Estates Welcome Signs)04/23/2019
EXECUTIVE SUMMARY
Recommendation to execute an Agreement and authorizes a budget amendment in an amount not
to exceed $12,000 to provide the Golden Gate Estates Area Civic Association, Inc. funding from the
GAC Land Trust for the purchase of two signs to welcome residents and visitors to Golden Gate
Estates.
OBJECTIVE: To approve an Agreement between Collier County, a political subdivision of the State of
Florida, by its Board of County Commissioners (Board), and the Golden Gate Estates Area Civic
Association, Inc., (Association) for funding the purchase and permitting of two (2) signs to welcome
residents and visitors to Golden Gate Estates, and to authorize a Budget Amendment in an amount not to
exceed $12,000 to be withdrawn from the Fiscal Year 2019 budget.
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 28, 2019, regular meeting of the Golden Gate Estates Land Trust Advisory Committee
(Committee), the Association made a presentation to the Committee and requested funding for purchasing
and permitting two (2) signs to welcome residents and visitors to Golden Gate Estates. An example of the
sign is included in the attached quote. The Association will order the sign, apply for the required permits,
and provide installation.
The Committee voted 3-0, with one member absent and one member abstaining from voting since she is a
member of the Golden Gate Estates Civic Association, to approve the funding request for an amount not
to exceed $12,000. With this vote, the Committee recommends that the Board of County Commissioners
approves the funding request made by the Association.
The Agreement has been reviewed and approved by the County Attorney's Office and Avatar Properties,
Inc. has provided its approval for the disbursement of the funds as required by the 1983 Agreement.
FISCAL IMPACT: A total allocation of an amount not to exceed $12,000 shall be withdrawn from
Fund 605 GAC Reserves and deposited into the appropriate Fund 605 GAC 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 majority vote for Board
action. - JAB
RECOMMENDATION: That the Board of County Commissioners approves the attached Agreement
providing for funding to the Golden Gate Estates Area Civic Associations, Inc., in an amount not to
exceed $12,000, and authorizes its Chairman to execute the attached Agreement and authorizes the
necessary budget amendment for funds to be withdrawn from the Fiscal Year 2019 Budget.
Prepared By: Michael H. Dowling, Senior Property Management Specialist, Facilities Management
Division
16.C.1
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04/23/2019
ATTACHMENT(S)
1. GG Estates Area Civic Association Agreement JAB (PDF)
2. GGE Civic Association Sign Quote and Example of Sign 2019 (PDF)
16.C.1
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04/23/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.1
Doc ID: 8237
Item Summary: Recommendation to execute an Agreement and authorize a budget amendment in
an amount not to exceed $12,000 to provide the Golden Gate Estates Area Civic Association, Inc. funding
from the GAC Land Trust for the purchase of two signs to welcome residents and visitors to Golden Gate
Estates.
Meeting Date: 04/23/2019
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
03/06/2019 2:43 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
03/06/2019 2:43 PM
Approved By:
Review:
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 03/11/2019 5:27 PM
Facilities Management Damon Grant Director - Facilities Completed 03/12/2019 12:00 PM
Facilities Management Toni Mott Additional Reviewer Completed 03/29/2019 1:09 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 03/30/2019 6:37 PM
Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 03/31/2019 7:52 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 04/01/2019 11:52 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/01/2019 12:40 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/01/2019 1:21 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 04/02/2019 1:07 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/15/2019 9:15 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/23/2019 9:00 AM
16.C.1
Packet Pg. 1407
AGREEMENT
l'HIS AGREEMENT made this 23rd day of April, 2019, belween GOLDEN GATE ESTATES AREA
CMC ASSOCIATION, INC., a Florida nol for profit corporation (hereinafter referred to as the
"Association"), whose mailing address is PO Box 990596, Naples, Florida 34116, and COLLIER COUNTY'
A POLITICAL SUBDI\ISION Of'THE STATE OF FLORIDA, whose mailing address is c/o Real
Property Management 3335 Tamiami Trail East, Suite l0l, Naples, Florida 341l2 (hereinafter referred to as the
''County").
WHEREAS, County has acquired 1,061 .5 acres, located in Collier County, Florida (hereinafter referred to
as "Property"), from Avatar Properties lnc. flklal GAC Properties Inc. in accordance with the November 15,
1983, Agreement between Avatar Properties Inc. and Collier County, (hereinafter referred to as the "l983
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 GaIe Estates"; and
WHEREAS, the County currently has funds derived from the use and/or sale of a portion of the
above-described Property; and
WHEREAS, the County has determined that a disbursement of a portion of said funds to the Association is
in accordance with the intent ofthe provisions ofthe 1983 Agreemenl and accomplishes lhe purposes of said
1983 Agreement by providing funds for purchasing two (2) signs to welcome residents and visitors to Golden
Gate Estates ("Signs"); and
WHEREAS. this matter was discussed at the Colden Gate Estates Land Trust Advisory Committee at its
regular meeting on January 28,2019, and a vote was made, 3-0 with one member absent and one member
abstaining, to recommend to the Board to approve the funding for the Signs.
WHEREAS, Avatar Properties Inc. has provided its consent on March 25, 2019, to the County for the use
of funds derived from the sale of Property to acquire the Signs.
NOW THEREFORE. in consideration ofthe above recitals, which are incorporated herein and made part ofthis
Agreement, and in further consideration of the mulual covenants set forth below, and other good and valuable
consideration, acknowledged by the parties to be sulTicient, just and adequate, the parties hereto do agree as
follows:
l. The County hereby agrees to reimburse a maximum of Twelve Thousand Dollars and No Cenls
($12,000.00) to be expended to the Association for purposes hereinafter stated, (hereinafter referred to as the
iFunds',), in accordante with the terms and conditions of this Agreement, provided said Funds are to be used
solely for the purpose of purchasing rwo (2) welcome Signs.
2. The Association agrees and warrants that the Signs purchased with the Funds shall be utilized solely
by the Association for the primary purposes of benefiting the residents and visitors of Golden Gate Estates.
3. The Association hereby agrees that the purchase ofthe Signs shall be based on a good-faith effort by
the Association to obtain at leasi three (3) documented, competitive quotes with the resulting contract given to
lhe responsible and responsive contactor submitting the lowest or best overall quote which meets all
specifications.
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16.C.1.a
Packet Pg. 1408 Attachment: GG Estates Area Civic Association Agreement JAB (8237 : Golden Gate Estates Area Civic Association Welcome Sign)
4. Payment ofthe Funds for the Signs shall be in accordance with the following procedure:
a) After purchasing the Signs by the Association, the Association shall deliver to Real Property
Management all invoices for said Sign purchase, clearly stating the purpose of said invoice(s) and
indicating that the invoice(s) have been paid in full.
b) within thirty (30) days after receipt and approval of the above-described documents and
verification that all invoices have been paid in full by the Association, if not already provided, a
check issued by the County for payment shall be prepared and made payable to the Association
and shall be forwarded directly to the Association by the County. In no way, shall the total
amount to be paid exceed Twelve Thousand Dollars.
c) The Signs shall be purchased by the Association within twelve (12) months ofthe execution ofthe
Agreement by both parties. In the event that the Signs are not purchased by the Association within
twelve (12) months from the execution of this Agreement, it is understood and agreed by the
parties that the Association shall refund and repay to County, within thirty (30) days, any and all
Funds which have been provided to the Association pursuant to the provisions ofthis Agreement.
d) If the Association obtains any monies as a gift, contribution or reimbursement, through any grant
program, pertaining to the purchase of said Signs, such gift, contribution or reimbursement shall
be, within ten (10) days of receipt by Association, forwarded to the Board of County
Commissioners for deposit into the GAC Land Trust Account as reimbursement of Funds
provided for by this Agreement. The Association agrees to prepare and submit the appropriate
grant applications whereby verification of such application, and its approval or denial, shall be
provided to the County within thirty (30) days of submittal and/or receipt.
e) The Association 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 Association to pay any remaining balance required to complete the purchase ofthe Signs.
5. The Association covenants and agrees that this A$eement is solely between the County and the
Association and, although the County shall reimburse the Association for all or only a portion of the Funds on
behalfofthe Association, the County shall have no direct or indirect liability to any vendors ofthe Signs or any
other third party resulting from this Agreement.
6. The Association agrees to protect, defend, indemnif) and hold 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 use of the Funds or the selection, purchase, delivery or use of the Signs, its agents,
employees, or in any way related to the use of the Signs by the Association, its agents, employees or any third
party.
7. The Association understands and agrees that the Funds to be provided to the Association in
accordance with the terms of this Agreement have been derived from and are being provided solely for the sale
andlor use of a portion of the Property conveyed to the County pursuant to the 1983 Agreement administered
and managed by the County for the GAC Land Trust and that such Funds are currently in County Fund
605-122390 (The GAC Trust Land Sales Fund). The Association further understands and agrees that no ad
valorem taxes, revenues or moneys from other sources have been committed or will be committed by the Collier
County Board ofCounty Commissioners for the purposes set forth in this Agreement.
8. ln the event that the Signs cease to be utilized by the Association as described in Paragraph 2, or if
the Signs ceases to be used in accordance with the terms of this Agreement, the Association agrees that the
Association shall pay to the County, within thirty (30) days, an amount equal to the fair market value of the
Signs as of the date the Signs cease to be used by the Association as described in Paragraph 2 or the date the
Signs cannot to be used in accordance with this Agreement. The fair market value shall be dltermined bv a third
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16.C.1.a
Packet Pg. 1409 Attachment: GG Estates Area Civic Association Agreement JAB (8237 : Golden Gate Estates Area Civic Association Welcome Sign)
party, selected by the County, who is determined to be qualified to establish the valuation of the Signs. If the
Association renders the Signs as obsolete or non-functional as a result of use and/or age or newer teihnology,
the Association will be allowed to trade-in, or use the parts ofthe obsolete Signs on other equipment owned by
the Association or sell the Signs and use any proceeds towards any future equipment or supplies that would
benefit the residents of Golden Gate Estates.
9.This Agreement is govemed and construed in accordance with the laws ofthe State of Florida.
10.
below:
IF TO TTIE COLNTY:
Collier County
cio Real Proper[ Management
3335 Tamiami Trail East
Naples, Florida 341 l2
IF TO THE ASSOCIATION:
Golden Gate Estates Area Civic Association, Inc.
PO Box 990596
Naples, Florida 341 l6
ll. 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 shalt be of any force
or effect unless made in writing and executed and dated by both parties.
IN WITNESS WHEREOF, Association and County have caused this Agreement to be duly executed on
the day and year first above written.
AS TO COUNTY:
DATED:
Any notice required by this Agreement shall be addressed to the parties at the address set forth
ATTEST:
Crystal K. Kinzel, Clerk of Courts
BY:
, Deputy Clerk
AS TO ASSOCIATION
DATED:
ATTEST
(print name)
Approved as to form and legality:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
William L. McDaniel, Jr., Chairman
GATE ESTATES AREA CIVIC ASSOCIATION, Inc,,
a Florida not for profit corporation
By
( Signature)
(Print name)
(Print title of Corporate Member)
@
Jennifer A. Belpedio, Assistant County Attomey
q$A"
Secretary
16.C.1.a
Packet Pg. 1410 Attachment: GG Estates Area Civic Association Agreement JAB (8237 : Golden Gate Estates Area Civic Association Welcome Sign)
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