Agenda 10/27/2009 Item #16E 2Agenda Item No. 16E2
October 27, 2009
EXECUTIVE SUMMARY Page 1 of 6
Recommendation that the Board of County Commissioners approve and execute an
Agreement to provide the All Kids Play Foundation of Corkscrew Community Inc., a Florida
non - profit organization, a maximum expenditure of $5,000.00 from the GAC Land Trust for
the reimbursement of Site Development expenses that arose during the construction of the
Boundless Playground located at Big Corkscrew Elementary School and approve necessary
Budget Amendment.
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 Committee (Board), and the All Kids Play Foundation of Corkscrew Community Inc., (Foundation) which
provides for a maximum expenditure, not to exceed $5,000.00 to reimburse the Foundation for Site
Development and other unforeseen expenses that arose during the construction of the Boundless Playground
located at Big Corkscrew Elementary School.
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 their October 28, 2008 meeting, the Board of County Commissioners approved Consent Agenda Item
16E23 which allowed for the expenditure of $150,000.00 from the GAC Land Trust to the Foundation for the
purchase of equipment and materials to facilitate the construction of a Boundless Playground at Big
Corkscrew Elementary School.
On July 27, 2009, at the GAC Land Trust Committee meeting, the Foundation came before the Committee to
request additional funding for reimbursement of unforeseen expenses that arose during the construction of
the Boundless Playground. After hearing the Foundation's presentation, the Committee agreed, with a vote of
4 -0 (one member was absent), to recommend to the Board of County Commissioners the expenditure of an
amount not to exceed $5,000.00 to be expended from the GAC Land Trust to the Foundation for the
unforeseen expenses.
As required in the 1983 Agreement, a "Letter of No Objection" (copy attached) has been secured from Avatar
Properties Inc. approving the expenditure of the funds.
The Agreement has been reviewed and approved by the County Attorney's Office.
FISCAL IMPACT: A total allocation of $5,000.00 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.
LEGAL CONSIDERATIONS: The prerequisites of the 1983 Agreement have been met. The Agreement
has been signed for form and legal sufficiency. This item is legally sufficient for Board consideration. — JAB
RECOMMENDATION: That the Board of County Commissioners, acting as Trustee, approves the attached
Agreement providing for an amount not to exceed $5,000.00 from the GAC Land Trust to the Foundation for
the reimbursement of unforeseen expenses that arose during the construction of the Boundless Playground;
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.
u
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Page 1 of 1
Agenda Item No. 16E2
October 27, 2009
Page 2 of 6
Item Number: 16E2
Item Summary: Recommendation that the Board of County Commissioners approve and execute an Agreement
to provide the All Kids Play Foundation of Corkscrew Community Inc., a Florida non - profit
organization, a maximum expenditure of $5,000.00 from the GAC Land Trust for the
reimbursement of Site Development expenses that arose during the construction of the
Boundless Playground located at Big Corkscrew Elementary School and approve necessary
Budget Amendment.
Meeting Date: 10/27/2009 9:00:00 AM
Prepared By
Jason Bires
Property Acquisition Specialist
Date
Administrative Services
Facilities Management
10/812009 4:35:44 PM
Approved By
Jennifer White
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/9/2009 9:59 AM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
10/9/2009 11:20 AM
Approved By
Toni A. Mott
Real Property Supervisor
Date
Administrative Services
Facilities Management
10/9/2009 12:03 PM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
10/13/2009 12:01 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
10/15/2009 8:59 AM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
10/15/2009 10:54 AM
Approved By
Randy Greenwald
Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1011512009 3:23 PM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
10/15/2009 5:04 PM
file://C: \AgendaTest \Export\137- October 27, 2009 \l6. CONSENT AGENDA \16E. ADMI... 10/21/2009
Agenda Item No. 1 E2
October 27, 209
Page 3 f 6
AGREEMENT 1
THIS AGREEMENT made this _ day of . 2009 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, (hereinafter referred to as "Trustee "), whose mailing address is 3301 Tamiami Trail East,
Naples, Florida 34112, and the ALL KIDS PLAY FOUNDATION OF CORKSCREW COMMUNITY
INC., a Florida non - profit corporation, (hereinafter referred to as "Foundation "), whose mailing
address is 15275 Collier Boulevard, #210, PMB #568, Naples, Florida 34120.
WHEREAS, Trustee has acquired 1,061.5 acres located in Collier County, Florida
(hereinafter referred to as "Property "), from Avatar Property 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 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 Foundation is requesting funds from the GAC Land Trust to cover
unforeseen construction costs associated with the construction of the Boundless Playground.
These construction costs include unforeseen site adjustments, drainage problems due to different
levals of surfacing, adult sized accessible swing seat, additional form posts, additional drawings and
additional dumpster service (hereinafter referred to as "Site Development "); and
WHEREAS, Trustee has determined that the Foundation'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 Site Development to facilitate the construction of a Boundless
Playground to be used by the residents of Golden Gate Estates; and
WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection ", dated 101(, log
approving the use of funds derived from the sale of property to cover the Site Development; and
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 Five Thousand and
ncr100 dollars ($5,000.00) to be expended by the Foundation for the purposes hereinafter stated,
(hF- einafter referred to as "Funds ") in accordance with the terms and conditions of this Agreement,
provided said Funds are to be used for Site Development.
2. The Foundation agrees and warrants that the Funds will be used solely for Site
Development.
3. The Foundation hereby agrees that the funding for Site Development 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 Foundation for Site Development shall be in accordance
with the following:
A. The Trustee shall reimburse the Foundation the Funds for Site Development 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 Foundation or its designee shall: (a) Provide Real Property Management
Manager, copies of all invoices, purchase orders or other documentation which shall clearly state
thr; purposes of said expenditure. Only those invoices which clearly state expenditures associated
with Site development shall be approved for reimbursement. Payment(s) shall be approved upon
satisfactory review by the Real Property Management Manager and shall be made payable directly
to the Foundation. (b) Provide a letter from the Foundation, signed by the Chairperson, stating that
the Site Development has been completed in good order and directing the County to reimburse the
Foundation. In no way shall the amount to be paid exceed Five Thousand and no /100 dollars
($5,000.00).
B
O
Agenda Item No. 11 E2
October 27, 2 09
Page 4 f 6
C. Within thirty (30) days after receipt and approval of the above described
documentation, a County warrant for payment shall be prepared and made payable to the
Foundation.
D. Upon completion of the additional work for which the additional funds are being
requested, the Foundation designee shall (1) promptly forward a letter to the Trustee stating that all
money from the GAC Land Trust has been used for the purpose of covering Site Development 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 for said purchase. Said funds shall be
deposited directly into the GAC Land Trust Fund 605.
E. The Foundation covenants and agrees that upon 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 Foundation to pay any remaining balance required over $5,000.00.
F. All Funds requested, in accordance with this paragraph shall be disbursed within
twenty -four (24) months of the execution of this Agreement by both parties. If the additional work
that is required is not completed by the Foundation within twenty -four (24) months from the
execution of this Agreement, it is understood and agreed to by the parties that the Foundation shall
refund or repay to Trustee, within thirty (30) days, any and all funds which have been provided to the
Foundation pursuant to the provisions of the 1983 Agreement.
5. The Foundation 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 Boundless Playground by the Foundation, its agents, employees, or in any
way related to the Foundation, its agents, employees or any third party.
6. The Foundation understands and agrees that the Funds to be provided to the
Foundation 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
an.0 that such funds are currently available in Fund 605- 112390 (The GAC Land Trust Sales Fund).
7. The Foundation agrees that the following request for Site Development shall be used
primarily for servicing the geographical area commonly known as "Golden Gate Estates"
8. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
9. Any notice required by this Agreement shall be addressed to the parties at the
address set forth below:
IF TO THE FOUNDATION:
All Kids Play Foundation of Corkscrew Community, Inc.
15275 Collier Boulevard #210, PMB #568
Naples, FL 34120
IF TO THE TRUSTEE:
Collier County
c/o Real Property Management
Building W
3301 Tamiami Trail East
Naples, FL 34112
10. 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, Foundation 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
WITNESS:
Signature)
(Printed Name)
(Signature)
(Printed Name)
WITNESS:
1?�r�
(S�gnature)
ya,rr (�_ L , 5z a-
(Printed Name)
(Signature)
(P.linfed Name)
Approved as to form and
legal sufficiency:
Jenn White
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Donna Fiala, Chairman
ALL KIDS PLAY FOUNDATION OF
CORKSCREW COMMUNITY, INC.
BY: 2 l-12I
Cas 11 PAngariyjan, President
BY: I C/
Ba ara uthwick, urer
Agenda Item No. 1 E2
October 27, 2 09
Page 5 f 6
AVATAR PROPERTIES INC.
Patricia K. Fletcher
Florida, 1983
Direct Dial: (305) 442 -7000 x2219
Facsimile: (305)441 -7876
E -Mail: pk_fletcher@avatarholdings.com
October 6, 2009
VIA EMAIL AND
VIA FACSIMILE (239) 252 -8876
Mr. Jason Bires
Property Acquisition Specialist
Collier County Government
Real Estate Services
3301 E. Tamiami Trail
Naples, FL 34112
Re: 1983 Agreement between Avatar Properties Inc. and Collier County
Additional Funding to Reimburse the All Kids Play Foundation for
Unexpected Expenses in connection with the Construction of the Boundless
Playground Located at Corkscrew Elementary School
Dear Mr. Bires:
On behalf of Avatar Properties Inc., I would hereby acknowledge receipt of your letter dated
September 24, 2009 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 setforth therein.
While the Boundless Playground may not be located within Golden Gate Estates, we understand that the
community will benefit from the Boundless Playground that is located at Corkscrew Elementary School.
Accordingly, we waive the requirement in the 1983 Agreement that the facilities be physically located in
Golden Gate Estates. Specifically, the expenditure of not more than $5,000 from the GAC Land Trust
under the 1983 Agreement for the additional funding to reimburse the All Kids Foundation for
unexpected expenses that arose during the construction of the Boundless Playground is approved.
If I can be of further assistance, please feel free to contact me at your convenience.
Very Truly Yours,
AVATAR PROPERTIES INC.
Patricia Kimball Fletcher
Executive Vice President
General Counsel
PKFJnes
cc: Mr. Michael Levy
Mr. Randy Kotler
Mr. Michael Rama
201 Alhambra Circle, 12th Floor, Coral Gables, FL 33134 • 305 442 7000
G:1Avatar Properties lnc\ Correspondence \Letters\Sent \Sires. 10- 6- 09.doc