Agenda 11/10/2009 Item #16E 6
Agenda Item No. 16E6
November 10, 2009
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting in their capacity as Trustee
of the GAC Land Trust Committee (Board), approve and execute an Agreement to provide the
Collier County Parks and Recreation Department an amount not to exceed $7,200.00 for the
purchase of a sound system and associated equipment for use at the Max Hasse Community
Park which is located at 3390 Golden Gate Boulevard West in Golden Gate Estates.
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 Collier County Parks and Recreation Department (County) which provides for an
expenditure of an amount not to exceed $7,200 for the purchase of a sound system and associated equipment for
use at the Max Hasse Community Park in Golden Gate Estates. The sound system will be housed at Max Hasse
Park and will be made available to any and all existing or future parks within the geographical boundaries 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
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.
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On October 29, 2009, a special meeting of the GAC Land Trust Committee was held to hear a presentation from
Parks and Recreation staff requesting funding for the purchase of a sound system and associated equipment for
use at the Max Hasse Community Park. The sound system will be utilized for many Golden Gate Estates
Community events such as the Christmas Tree Lighting, Halloween event and several other events held at the
park throughout the year. The existing system is inadequate to serve the needs of the park and the community
due to the increase in community participation at the park events.
The Agreement has been reviewed and approved by the County Attorney's Office. The Agreement will be
submitted to the Chairman for execution upon staff receiving a "Letter of No Objection" to the transaction from
Avatar Properties, Inc.
FISCAL IMPACT: A total allocation of an amount not to exceed $7,200 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 a maximum expenditure of an amount not to exceed $7,200 to reimburse the Collier
County Parks and Recreation Department for the purchase of a sound system and associated equipment;
authorizes the Chairman to execute the attached Agreement once the "Letter of No Objection" is received and
authorize the necessary Budget Amendment.
PREPARED BY: Jason Bires, Property Acquisition Specialist, Real Property Management, Facilities
Management Department.
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Agenda Item No. 16E6
November 10, 2009
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16E6
Recommendation that the Board of County Commissioners, acting in their capacity as
Trustee of the GAC Land Trust Committee (Board), approve and execute an Agreement to
provide the Collier County Parks and Recreation Department an amount not to exceed
$7,200.00 for the purchase of a sound system and associated equipment for use at the Max
Hasse Community Park.
Meeting Date:
11/10/20099:00:00 AM
Prepared By
Jason Bires
Property Acquisition Specialist
Date
Administrative Services
Facilities Management
11/2/200912:05:02 PM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
11/2/200912:18 PM
Approved By
ToniA.Mott
Real Property Supervisor
Date
Administrative Services
Facilities Management
11/2/200912:31 PM
Approved By
Jennifer White
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/2120091 :59 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
11/2/20093:26 PM
Approved By
Barry Williams
Director
Date
Public Services
Parks and Recreation
11/3/20099:13 AM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
11/3/20099:41 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
1113120093:33 PM
Approved By
Laura Davisson
Management & Budget Analyst
Date
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Agenda Item No. 16E6
November 10, 2009
Page 3 of 6
County Manager's Office
Office of Management & Budget
11/3/20094:06 PM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
11/3/20094:08 PM
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AGREEMENT
Agenda Item NO.1 E6
November 10, 2 09
Page 4 f 6
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 COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE
OF FLORIDA FOR AND ON BEHALF OF THE PARKS AND RECREATION DEPARTMENTOF
COLLIER COUNTY, (hereinafter referred to as "County"), whose mailing address is 15000
Livingston Road, Naples, FL 34119.
WHEREAS, Trustee has acquired 1,061.5 acres located in Collier County, Florida
\hereinafter referred to as "Property"), from Avatar Property Inc. flk/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 County is requesting funds from the GAC Land Trust to purchase a sound
system and associated equipment for use at the Max Hasse Community Park located in Golden
Gate Estates; and
WHEREAS, Trustee has determined that the County'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 sound system and associated equipment for
use at the Max Hasse Community Pari< which serves the Golden Gate Estates Community; and
WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated ,
approving the use of funds derived from the sale of property to purchase the sound system and
associated equipment; 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 Seven Thousand Two
Hundred and no/100 dollars ($7,200.00) to be reimbursed to the County for the purchase of a sound
system and associated equipment for use at the Max Hasse Community Park, (hereinafter referred
to as "Funds") in accordance with the terms and conditions of this Agreement, provided said Funds
are to be used solely for the purpose of purchasing the sound system and the associated equipment
(hereinafter collectively referred to as "Sound System").
2. The County agrees and warrants that the Funds will be used solely for said purchase
of the Sound System for use at Max Hasse Community Park. The sound system will be housed at
Max Hasse Park and will be made available to any and all existing or future parks within the
geographical boundaries of Golden Gate Estates.
3. The County hereby agrees that the purchase of the Sound System 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 Depanment prior to the ordering or receiving of
any goods or services purchased under this Agreement.
" 4. Payment of the Funds to the County for the purchase of the Sound System shall be
in accordance with the following:
A. The Trustee shall make available the Funds to reimburse the County for the
purchase of the Sound System following approval by the Board of County Commissioners, Collier
County, of this Agreement. Said payment shall be made 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 County or its designee shall: (a) provide Real Property Management Manager,
copies of all invoices, purchase orders of other documentation which shall clearly state the purposes
of said expenditure. Only those invoices which clearly stated expenditures associated with the
,A,genda Item r\Jo. 1 iE6
November 10. 2 09
pwrchase of the Sound System shall be approved Payment(s) shall be approved upon satisfactory Page 5 f 6
review by the Real Property Management, Manager and shall be made payable directly to the
County. (b) A letter from the County, signed by the Parks and Recreation Supervisor, stating that
the purchase has been received and accepted in good order and directing the Trustee to reimburse
the County. In no way shall the amount to be reimbursed exceed Seven Thousand Two Hundred
and no/100 dollars ($7,200.00).
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 County.
D. Upon completion of the purchase of the Sound System, the County 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 purchasing the Sound System 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 shall be deposited directly into the GAC Land Trust Fund 605.
E. The County 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 County to pay any remaining balance required for the purchase of the Sound
System.
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 Sound
System is not purchased and installed by the County within twelve (12) months from the execution
of this Agreement, it is understood and agreed to by the parties that the County shall refund or
repay to Trustee, within thirty (30) days, any and all Funds which have been provided to the County
pursuant to the provisions of the 1983 Agreement.
5. The County 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 Sound System by the County, its agents, employees, or in any way related
to the County, Its agents, employees or any third party.
6. The County understands and agrees that the funds to be proVided to the Collier
County 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 County agrees that the following purchase of the Sound System 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 COUNTY:
Max Hasse Community Park
3390 Golden Gate Boulevard W
Naples, FL 34120
Attn: Shannon Peters
IF TO THE TRUSTEE:
Collier County
cIa Real Property Management
Building W
3301 Tamiami Trail East
Naples, FL 34112
10. In the event that the Sound System ceases to be utilized by the County as described
in Paragraph 2, the County agrees that the County shall either pay to the Trustee, within thirty (30)
days. an amount equal to the fair market value of the Sound System as of the date the Sound
System ceases to be used by the County as described in Paragraph 2 or request from the Trustee
to waive the requirement for the County to reimburse the Trustee the amount of the fair market
value of the Sound System The fair market value shall be determined by a third party, selected by
the Trustee, who is determined to be qualified to establish the valuation of said equipment. Should
tt";e County elect to pursue a waiver and the waiver is not granted by the Trustee, the County shall
make payment to the Trustee no later than thirty (30) days from the date of the Trustee's decision.
Agenda Item No. 16E6
November 10, 2009
Page 6 of 6
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, Trustee and County 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
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
BY:
DONNA FIALA, CHAIRMAN
AS TO COUNTY:
DA TED:
ATTEST:
DWIGHT E. BROCK, CLERK
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA, FOR AND ON BEHALF OF THE
PARKS AND RECREATION DEPARTMENT OF COLLIER
COUNTY
BY:
DONNA FIALA, CHAIRMAN
,A,pproved as to form and
legal sufficiency:
Je~Sir~~~
Assistant County Attorney