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Backup Documents 04/23/2019 Item #16C1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 C 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 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. County Attorney Office County Attorney „ Q y'at-t Vi 2. BCC Office Board of County Commissioners VCS /V/ 14,74(:\ 3. Minutes and Records Clerk of Court's Office C —p 417f 1_9 3:Qt vw PRIMARY CONTACT INFORMATION --4—C- 7 l._ 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. Phone Number 8743 Name of Primary Staff Michael Dowling Contact/ Department ' Agenda Date Item was April 23,2019 V7 Agenda Item Number 16 C 1 / Approved by the BCC Number of Original 1 Type of Document Agreement Documents Attached Attached PO number or account number if document is r' to be recorded V. `�-` . INSTRUCTIONS & CHECKLIST (Not N/A ess (N Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A t appropriate. (IN/A V 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, N/A 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 by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the dateof BCC approval of the document or the final negotiated contract date whichever is applicable. - 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A 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 time frame or the BCC's actions are nullified. Be aware of our deadlines! :,1 8. The document was approved by the BCC on 4-23-2019,and all changes made during MD ;� t the meeting have been incorporated in the attached document. The County �,- Attorne 's Office has reviewed the chan fes,if a s s licable. 9. Initials of attorney verifying that the attached document is the version approved by the -,_� /` citpn for BCC,all changes directed by the BCC have been made,and the document is ready for t V` G y lea Chairman's si_nature. fil I: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 16C1 dy. Memorandum t -0(IfIOR1OPNS4 To: Minutes and Records Clerk to the Board From: Michael Dowlir�g� ' Senior Property Management Specialist Real Property Management Date: April 24, 2019 Subject: Golden Gate Estates Area Civic Association — Welcome Signs BCC Date: April 23, 2019 BCC Item: 16 C 1 Please retain the original for your records and kindly provide me with an electronic copy. Please contact me at extension 8743 with any questions. Thank you and best regards, Michael 16 Cl MEMORANDUM Date: April 25, 2019 To: Michael Dowling, Property Acquisition Specialist Facilities Management Department From: Teresa Cannon, Sr. Deputy Clerk Boards Minutes & Records Department Re: Agreement w/Golden Gate Estates Area Civic Association — Welcome Signs Attached is a scanned copy of the document referenced above (Item #16C1), approved by the Board of County Commissioners on Tuesday, April 23, 2019. The original is being held in the Board's Minutes & Records Department for the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment 16 C1 AGREEMENT THIS AGREEMENT made this 23rd day of April, 2019, between GOLDEN GATE ESTATES AREA CIVIC ASSOCIATION, INC., a Florida not for profit corporation (hereinafter referred to as the "Association"), whose mailing address is PO Box 990596, Naples, Florida 34116, and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose mailing address is c/o Real Property Management 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 (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 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 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 of the provisions of the 1983 Agreement and accomplishes the 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 Golden 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 of the above recitals, which are incorporated herein 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 County hereby agrees to reimburse a maximum of Twelve Thousand Dollars and No Cents ($12,000.00) to be expended to the Association for purposes hereinafter stated, (hereinafter referred to as the "Funds"), in accordance with the terms and conditions of this Agreement, provided said Funds are to be used solely for the purpose of purchasing two(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 of the Signs shall be based on a good-faith effort by the Association to obtain at least three (3) documented, competitive quotes with the resulting contract given to the responsible and responsive contactor submitting the lowest or best overall quote which meets all specifications. 16C1 4. Payment of the 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 of the execution of the 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 of this 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 of the Signs. 5. The Association covenants and agrees that this Agreement 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 behalf of the Association,the County shall have no direct or indirect liability to any vendors of the Signs or any other third party resulting from this Agreement. 6. The Association agrees to protect. defend, indemnify and hold 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 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 Pte. 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 and/or 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 he committed by the Collier County Board of County Commissioners for the purposes set forth in this Agreement. 8. In 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 determined by a third 1 6 C 1 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 technology, the Association will be allowed to trade-in, or use the parts of the 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 governed and construed in accordance with the laws of the State of Florida. 10. Any notice required by this Agreement shall be addressed to the parties at the address set forth below: IF TO THE COUNTY: Collier County c/o Real Property Management 3335 Tamiami Trail East Naples, Florida 34112 IF TO THE ASSOCIATION: Golden Gate Estates Area Civic Association, Inc. PO Box 990596 Naples, Florida 34116 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. 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: ' Z. -J I ATTEST: n BOARD OFC• IP . - : •,MISSIONERS Crystal K. Kinzel. -dec*Courts COL IE , LORI• li,.:40 ;,,, ' f. ‘ 1 By: • / v_• gest ns to,Chaifrnintleputy Clerk W�•ram L.McDaniel,Jr.,Chai an sn,t..r_t",n, y. AS TO' S X3t 1ATfON: DATED: ,Y i ATTEST: GATE ESTATE,,F'E • •OCIATION, Inc., a Florida not .•�/� •f co •R atio By: / Z. _` r14,47,./ Sec/etary ignature) -"t � la c/i1 rGIIQ I/7414e � A . e Ii 11_ (prat name) (Print name) 1 /c1e,, 1.-- (Print title of Corporate Member) Approved as to form and legality: A At Jennifer . Belpedio. 1: t County Attorney ,� j \�