Backup Documents 11/10/2009 Item #16E 6
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 L t.
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO e 6
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach (0 original document Original documents should be hand delivered to the Board Oflice The completed routing slip and original
documents arc to be forwarded to the Board Office only after Ihe Board has taken action on the item.)
ROUTING SLIP
Complete routing lines /I 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exl,;c (ion of the Chainnan '5 5i nature, draw a line throll h routin tines 1/ I throu #4, com lete the checklist, and forward to Sue Filson (line #5).
e to Addressee(s) Office Initials Date
(Itst in rou order)
I.
------
~~
PRIMARY CONTACT INFORMATION
(Tht:: primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
surrmary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCe Chairman '5 signature arc to be delivered to the Bee office only after the Bee has acted to approve the
2.
~~
~
item.)
Name of Primary Staff - /. ! Phone Number ,r)r-/', '.'{ \ r
Contact jAnv \~)\r,(') / " , / Y 1'\
1..__ _._L .1
Agenda Date Item was ~\bal~j71 ID '7 'Ji)l Agenda Item Number I( ~ (,
Aooroved bv the BCC .,.c ' t
Type of Document ^ Number of Original I
Attached 1~6-\KCf-'\tJJ\ Documents Attached
-------
/~------
~
Yes
(Initial)
N/A(Not
A licable)
3.
/'
~~~/~-
",',<:
. \
I,'
,-'<'r.!
.'q)
~.,..\!
, ,
~' ./
,--;cT.
\,")
~~!
\ '.
,-.I \
',,;,17
,.J\)
4.
------ '
-~
~
Forms/ County Forms/ Bee Forms/ Original Documents ROllting Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9_18.09
5.
Su
CC Office
Board of County Commissioners
Ian Mitc
/'
Clerk of Court's Office
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signcdlinitialed 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. This includes signalure pages from ordinances,
resolutions, elc, signed by the County Attorney's Office and signature pages from
contracts, agreements, ete. that have been fu lIy executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County" Attorney's
Office and all other arties exce t Ihe BCC Chairman and the Clerk to the Board
The Chairman's signalure line date has been entered as the date ofBCe approval of the
document or the final ne otiated contract date whichever is a licablc.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are ree uircd.
In most cases (some contracts arc an exception), the original document and this routing slip
should be provided to ran Mithchell in Ihe BeC office within 24 hours of BCC approval.
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 your deadlines!
The document was approved by the BeC on' i" ..1)', -<entcr date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne '5 Office has rt.~viewed the chan es, if a licable.
o
3.
4.
5,
6,
16>E 6
MEMORANDUM
Date:
November 16, 2009
To:
Jason Bires, Property Acquisition Specialist
Real Estate Services
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Agreement (Max Hasse Community Park)
Attached please find one original document, as referenced above (Agenda
Item #16E6), approved by the Board of County Commissioners on Tuesday,
November 10, 2009.
If you should have any questions, please contact me at 252-8411.
Thank you.
Attachments
16>E6
AGREEMENT
THIS AGREEMENT made this ~day of \..L..m\'ut( ,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 f1kla GAC Properties Inc. in
[lccordance 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 andlor the
rnonetary 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 andlor 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
U'je at the Max Hasse Community Park which serves the Golden Gate Estates Community; and
WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated ,,'.. Vi
approving the use of funds derived from the sale of property to purchase the sound system and
"ssociated 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
helow, and other good and valuable consideration, acknowledged by the parties to be sufficient, just
"nd 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
sy~.tem 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
oi the Sound System for use at Max Hasse Community Park. The sound system will be housed at
I\tlax 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 purohase 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 Department prior to the ordering or receiving of
c:ny goods or servioes purchased under this Agreement.
4. Payment of the Funds to the County for the purchase of the Sound System shall be
i'l accordance with the following:
A. The Trustee shall make available the Funds to reimburse the County for the
pL!fchase of the Sound System following approval by the Board of County Commissioners, Collier
e'JUnty, 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
Ma,lagement Manager. of said verification
B. The County or its designee shall: (a) prOVide Real Property Management Manager,
cu;Jies of all invoices, purchase orders of other documentation which shall clearly state the purposes
of 3aid expenditure. Only those invoices which clearly stated expenditures associated with the
16t6
I
purchase of the Sound System 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
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 andlor 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
aqd 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
clo 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
It-,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.
16>E6
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:
DATEQot II J /,. I DJt
ATTEST
D~~t~
~ ttt41,. II ~CIltt'rMII ,
51....t... OIl I .
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA, BY ITS BOARD OF COUNTY
COMMISSIONERS, ACTING IN THEIR CAPACITY AS
TRUSTEE OF T,H'.iGAC LAND TRUST
,1 .
BY:
, ,
f :J
, ../,//r}r'~l"4,$Ii."
, . /}
J -(~'~'A:.
DONNA FIALA, CHAIRMAN
AS TO COUNTY:
DATED:~
ATTEST: ','
~,.T E. BROCK. ,', G,LEf\l<
.' "-~~
~tt~~~ u w,~YrwIl ,
, \ ........ '9ll1 .
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA, FOR AND ON BEHALF OF THE
PARKS AND RECREATION DEPARTMENT OF COLLIER
COUNTY -
BY:
;; "
r!""J'-r"r~. ,
,.1m d:..J:c.
DONNA FIALA, CHAIRMAN
Approved as to form and
legal sufficiency:
~ ~k:j~
Jf.~ni er-B. White,
Assistant County Attorney