Agenda 02/24/2009 Item #16E 6
,A.genda item No. 16E6
February 24,2009
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves an Agreement to
provide a maximum expenditure of $28,746 from the GAC Land Trust Fund to the Big
Corkscrew Island Fire Control and Rescue District for the purchase of Fire Shelters and
Equipment.
OBJECTIVE: To approve and execute 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 (Board), and the Big Corkscrew Island Fire Control and Rescue District (District) which allows
for GAC Land Trust Funds in the amount of $28,746 to be used for the purchase of Fire Shelters, Safety
Vests, Radio Equipment, Wildland chainsaws, shovels and rakes (hereinafter referred to as "Equipment")
to be used by the firefighters of the District in their service to the residents of Golden Gate Estates.
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 faoilities and services, public schools, libraries, and recreational facilities.
The 1 983 Agreement also provided that all capital improvements must be physically located within the
geographical boundaries of Golden Gate Estates.
At the February 3, 2009 Special Meeting of the GAC Land Trust Committee, the District requested funds
in the amount of $28,746 to purchase the Equipment as outlined in the attached Exhibit A. The
Equipment will provide life saving benefits for the firefighters of the District in performing their duties while
serving the residents of Golden Gate Estates.
The Golden Gate Estates Land Trust Committee recommended by a vote of 3-0 (two members were
absent) that the Board approve the District's request for a maximum allocation of $28,746 for the
purchase of the Equipment. The District will have twelve months from the execution of the Agreement to
expend the funds.
As required in the 1983 Agreement, a "Letter of No Objection" (copy attached), has been secured from
Avatar Properties, Inc,
LEGAL CONSIDERATIONS: The attached Agreement has been reviewed and approved by the
County Attorney's Office. This item is not quasi-judicial and, as such ex parte disclosure is not required,
This item requires majority vote only, JBW
FISCAL IMPACT: A total allocation of $28,746 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.
RECOMMENDATION: That the Board of County Commissioners, Acting as Trustee, approves the
attached .A.greement providing for a maximum expenditure of $28.746 for the purchase of Equipment;
authorizes the Chairman to execute the attached Agreement; and approves the attached Budget
Amendment.
PREPARED BY: Jason Bires, Property Acquisition Specialist, Real Property Management, Facilities
Management Department.
Page I of I
Agenda Item No. 16E6
February 24,2009
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16E6
Recommendation that the Board of County Commissioners approves an Agreement to
provide a maximum expenditure of $28,746 from the GAC Land Trust Fund to the Big
Corkscrew Island Fire Control and Rescue District for the purchase of Fire Shelters and
Equipment.
Meeting Date:
2/24/2009 90000 AM
Prepared By
Jason Bires
Property Acquisition Specialist
Date
Administrative Services
Facilities Management
2/~ 1120098:49:51 AM
Appro\'('d By
Skip Camp, C,F,M.
Facilities Management Director
Date
Administrative Services
Facilities Management
2/11120099:48 AM
Appnl\'ed Ry
Toni A. Mott
Real Property Supervisor
Facilities Management
Date
Administrative Services
21111200911:48 AM
Appnl\.'cd By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
2/11120091:58 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
2/11/20092:19 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
2111/20093:52 PM
Appro\'cd By
Laura Davisson
Management & Budget Analyst
Office of Management & Budget
Date
County Manager's Office
2/12/200910:09 AM
Appro\'cd By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
2/12/20097:53 PM
tile:l/C :\Agenda T est\Export\ l24-F cbruarv%2024. %202009\ 16, %20CONSENT%20AG END... 2/1 8/2009
AGREEMENT
THIS AGREEMENT made this _ day of .:k..h f '.u1~ ,2009 between COLLIER
COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FL RIDA, 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 Trait East,
Naples, Florida 34112, and the BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE
DISTRICT, (hereinafter referred to as "District"), whose mailing address is 13250 Immokalee Road,
Naples, FL 34120,
l:sm1\J:J. ~ 5E6
Felyuary 24. 2JC!9
P3;j8 3 of 6
WHEREAS, Trustee has acquired 1,061.5 acres located In Collier County, Flonda
(hereinafter referred 10 as "Property"). from Avatar Properties Inc. ffl<Ja 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 usee to provide
governmental facilities within and for the geographical area know as "Golden Gate Estates": and
WHEREAS, Trustee currently has funds derived from the use and/or sale of a portion of
above described Property; and
WHEREAS, the District is requesting funds from the GAC Land Trust to purchase 40 Fire
Shelters and 6 practice shelters, 30 Class II Safety Vests, 5 VHF Portable Radios, 10 VHF Portable
Radio Batteries, 1 VHF Repeater, 1 40-1 Watt for Repeater, 1 Duplexer, 1 Conventional Software
Package, 1 Portable Radio Software Package, 4 Wildland chainsaws, 6 Wildland shovels and 6
Wildland fire rakes (hereinafter referred to as ~Equipmenn: and
WHEREAS, Trustee has determined that the District'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 purchase of the Equipment to assist the District in their
servi:e to the residents of Golden Gate Estates; and
WHEREAS, Avatar Properties Inc. has proVided a ~Letter of No Objection", dated 2/(1 loq
approving the use of GAC Land Trust Funds for the purchase of the Equipment for use by the
District; and
WHEREAS, the District intends to utilize the Equipment immediately upon receipt of the
Equipment.
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
belm...., 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 ag~ees to contribute a maximum of twenty-eight thousand seven
hundred forty-six and no/lOa dollars ($28,746) to be expended by the District for the purpose of
purchasing Equipment
2. The District agrees and warrants that the Funds will be used solely for said purchase
to provide the District with Equipment necessary for their duties in serving the reSidents of Golden
Gate Estates.
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 Purchasmg Department prior to 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 EqUipment shall be in
accordance wltn tne following'
A The Trustee shall make available the Funds ($28,746) for the purchase of the
EqUipment following approval of this Agreement by the Board of County Commissioners of
Collier County, Florida. Said reimbursement payment shall by made within thirty (30) days of
receipt of appropriate verification as stated below by the Trustee, with copy to the Real
Property Management Manager. of said verification
Agenda item I~Q. 16E6
February 24, 2009
Page 4 of 6
B. The District or its designee shall: (a) Provide the Real Property Management
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 the purchase of the Equipment shall be approved. Payment(s) shall be
approved upon satisfactory review by the Real Property Management Manager and shall be
made payable directly to the appropriate vendor. (b) A letter from the District, signed by the
Chairperson, stating that the equipment has been received and accepted in good order and
directing the County to reimburse the District, each invoice for purposes specified in
paragraph 1. In no way shall the amount to be paid exceed $28,746,
C. Within thirty (3D) days after receipt and approval of the above described
documentation, a County warrant for payment shall be prepared and made payable to the
District by the County.
D. Upon completion of the purchase of the Equipment, the District or its designee
shall: (1) Promptly forward a letter to the Trustee stating that money from the GAC Land
Trust has been used for the purpose of purchasing the Equipment and that all payments
have been disbursed in accordance With the Agreement; and (2) Refund to Trustee any and
all Funds, or any portion thereof, not utilized far said purchase shall be deposited directly into
the GAC Land Trust Fund 605.
E. 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.
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
Equipment is not purchased by the District within twelve (12) months from the execution af
this Agreement, it is understood and agreed upon by the parties that the DJstrict 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 1983 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 thtrd party.
6. The District understands and agrees that the funds to be provided to the District 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 Equipment shall be used primarily
for servicing the geographical area commonly known as "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 Immokaiee Road
Naples, FL 34120
IF TO THE TRUSTEE:
Collier County
clo Real Property Management
Building W
3301 Tamiami Trail East
Naples, FL 34112
Agenda Il"m 110. 16E6
February 24, 2009
10, In the event that the EquIpment ceases to be utilized by the District as described in Page 5 of 6
Paragraph 2, the District agrees that the District shall pay to the County, within thirty (30) days, an
amount equal to the fair market value of the Equipment as of the date 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
said Equipment Dr upon mutua! agreement of the County and the 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
IN WITNESS WHEREOF, District and Trustee have caused this Agreement to be duly executed on
the day and year first above written.
AS TO TRUSTEE
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Danna Fiala, Chairman
AS TO BIG CORKSCREW ISLAND FIRE
CONTROL AND RESCUE DISTRICT
DATED:
ATTEST:
By,g~~
R Ellseo Chao, Secretary
BY_P GMt M P ~~
Paul M. Plamondon, Chairman
Approved as to form and
legal sufficiency'
~vs~
Jenn~ White
ASSistant County Attorney
AVATAR PROPERTIES INC.
Patnol.K.Fkl:h..
Fiorid., 1983
D;,oe\D;ol (J05)442.7000,n19
Fmimile, OOSl44I-7H6
E-Mail; p!<_OeLche,@..ot.rllOlding"oom
February 9, 2009
VIA EMAIL AND
VIA FACSIMILE (239) 252-8876
Mr. Jason Bires
Property AcquisitionSpecialisl
Collier County Government
Real Estllte Services
3301 E.TamiamiTidil
Naples, FL34112
Re: 1983 Agreement between A vatar Properties Inc. and Collier County
Proposed Expenditure for the Purchase of Equipment for the Big Cork~(.:n:w islanu Fire Conn-oj
& Rescue District
DearMr,Bires:
On behalf of Avatar Properties Inc., I would hereby acknowledge receipt of your letter dated
February 6, 2009 which references the above captioned matter. 1 have reviewed your letter and hereby
advise you that Avatar Properties Inc. has no objection 10 the contemplated transaction selforth therein.
While the equipment may not be located within Golden Gate Estates, we understand that the community
will benefit from the equipment to he pun::hased for the Big Corkscrew Island Fire Control & Rescue
District. Accordingly, we waive the requirement in the 19&3 Agreemenl that the facilities he physically
located in Golden Gate Estates. Specifically, the e"penditure of no I more than ii28,746 from the GAC
Land Trust under the 1983 Agreement for the pun::hase of the equipment is approved.
If I can he of further assistance, please feel free In contact me al your cnnvenience_
Yery Truly Yours,
A Y AT AR PROPERTIES me.
~{L~
Palrit:iaKimhaIlFiett:her
ExecutiveYicePresident
GeneralCuunsel
PK.Flnes
cc: Mr. Michael Levy
Mr,RandyKotler
Mr.MichaelRama
201 Alhambra Circle, 12th Floor, Coral Gables, FL :;31.14 . 3054427000
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Aaenda item No. 16E6
~ February 24, 2009
Page 6 of 6