Backup Documents 04/28/2009 Item #16E 6
26E6
ORIGINAL DOCUL\.1ENTS CHECKLIST & ROUTING SLIP . '
TO ACCOl\tfPANY ALL ORIGINAL DOCUM:ENTS SENT TO
. TEE BOARD OF COUNTY COMMlSSIONERS OffiCE FOR SIGNATURE
Print 011 pink papa". Aa:1dt lO original c1ocmnent. Origin.a.l delrn"1"l1 CI 3b.ouId be hand dcli vered. to !be: Board Offi~ 'The- completed routi:ag sJj P iLlld original
d.oc::nments are to be. furwml.t:d.lO tbe Board. Offict: only a.t'ler the Boan:t has l:1l::=. aaion. on tbe i tan.) , , " , .,
'. :", ' . , , ROUTING SLIP ' ',~.. '
"Comp/cte routing lin.= 11 tl!rough fJ.4 a.s a:ppropriaa: fur 2lfrliriooal sig:o.a.r;mes. dJues, mdlor infoxmation needc:l... If tI1c dtrrrm'""(lt'i.:s a1re:u:1y complete with the
non oftfu: ~'s . draw a line tbron l'OtlJ:in linC1l#l throu ~ It:te tfu: d1ec.l:Ii.st; Zlld tbrward to Sw:- FiJsoI1 (lim: IIS).
to .A.ddressee(s) . Office Initials Date
(List DUDlltm .,: :'". ., .:
L
PR.JlV.(ARY CONT ACT'lNFORMA nON
('Ibe priml1ry COlUlIl:l: i.:s the bo.ldcr of llu: original doc:uma1c pCllding Bce approYJ1/. Nan:Dal1y d:1c primary contact i.:s the pCZOl1 who =.a:d/pI:1:pmd the cxecutive
SlIDIDW:y. Primary COI1C1Ct in:farmari0l1 is !I.I::l:dl:d in !be cvent 0Ile: of !be lIddrc:ssCC$ J1bove, including Suc Filson. needlO cpnt:lct Sl%f! for addiliaua.l or missing
inftxmadca. All ariginal dcc:umcucs needing the Bee 0I.a.irmau'! sigmtturl: = to bc dcUve:red to d:1c Bce office only :Un:r llu: ace hu J1dl:d to approve llu:
ill:m.) , .
Name of Primary SbJif Phone Number
Contact
Agenda Date Item w~
ved b the BeC
Type ot Document
Attached
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2.
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Board of' County Commissioners
6. Minutes and Records
Oerk of Count s Office
Number of Original
Documents Attached
Agenda. Item Number
INSTRUCTIONS & CHECKLIST
IDitia.1 the Yes column or mark '"N/A" in the Not Applicable column.. whichever is
1., Original O()t"Y1T'l?l"!nt bas been signedf'mitWed for legal sUfficiency. (All documents to be
signed by tf1c, Chairman, with rhe exc:ption of most lett.ersy must be reviewed and signCd
fjy the Office of the County At:1Dmcy. This includes signature pages from orcfina.nc:es.
te$Olutions, etc. signed by the ~ty At:tomey's Office and signature pagc:s from
contracts, agreetIJCDJ:ll, etc. that have been fully executed by all parties except the BCC
Otairman aDd CIedc: to the Board and ssibl State Officials.)
2. All handwritten.strikc-throagb and revisioos have been initialed by the County 4ttorney: s
Office and all other arties t the BCC Chairman and the Clerk to the Board
3. The Chair.rpan's signatlJ:re .Iinc date bas been entered as the date ofBCC approval of the
cfocmnem or the fi:oal ne t:iat.ed contract date whichever i3 lic.ablc.
4. ' '"Sign here" tabs are placed on the appropriate pa.ge3 indicating where the Ch.airman' s
si' and initials are r
S. In ri:1ost Cases (some contracts are an exception), the original document and. this routing slip
should be provided to Sue Ftlson in the BCC office within 24 hours ofBCC approvaL
Some rlnM-tmeots are time sensitive and require forwarding to Ta.I.l.ab.assee within a certain
time frame or the BCe's actions are nullified. Be aware of our dcadI.ine:s!
6. The docnment was approved by the Bee on I..j-<.i-O'\ (enter date) and all changes
made dlll'iD.g the meeting have been incorporated in the attached document. The
Coon Attorn 's Office has reviewed the es. if a liable..
l: Foc:nsI Coun.cy ForrmJ Bce FomuI Origiaal ~ Rooring Slip WWS Origim.19.03.04. R.l:vU~ 1.26.05. Re~ 2.24,05
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It, f:.. 10
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Yes MIA (Not
(Initial) Iicable)
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3'Q ,
MEMORANDUM
Date:
April 29, 2009
To:
Jason Bires, Property Acquisition Specialist
Real Estate Services
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Agreement with Big Corkscrew Fire Control and Rescue
District
Attached, you will find an original easement agreement, (Agenda Item
#16E6), approved by the Board of County Commissioners on Tuesday, April
28, 2009.
After Recording, please return the original document to the Minutes and
Records Department for the Board's permanent record.
If you should have any questions, please contact me at 252-8411.
Thank you.
Attachment (1)
16E6
16E6
AGREEMENT
THIS AGREEMENT made this 4~day of Ap(\\ , 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 BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE
DISTRICT, whose mailing address is 13250 Immokalee Road, Naples, FL 34120 (hereinafter
referred to as "District"),
WHEREAS, Trustee has acquired 1,061.5 acres located in Collier County, Florida
(hereinafter referred to as "Property"), from Avatar Properties 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 District is requesting funds from the GAC Land Trust to purchase 6 Mobile
Data Terminals (hereinafter referred to as "Equipment") to be used by the firefighters in the Big
Corkscrew Island Fire Control and Rescue District; 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 Equipment to assist the District in their service to the residents
of Golden Gate Estates, The Equipment will improve firefighter safety as well as improve the
District's response time to emergency situations, The software used by the Equipment is the same
software used by Collier County dispatchers, which will provide interoperable communications with
dispatchers during an emergency situation, This communication will assist the District in getting to
an emergency situation more quickly and safely, The Equipment will also provide the District with
an online database which is useful at hazardous materials incidents by allowing the District to more
quickly determine the composition of material that may be potentially harmful; and
WHEREAS, Avatar Properties Inc, has provided a "Letter of No Objection", dated w/~IOq ,
approving the use of Land Trust Funds for the purchase of the Equipment for use by the District;
and
WHEREAS, the District intends to utilize the Equipment during the current and subsequent
fire seasons.
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 fifty thousand three
hundred seventy and no/100 dollars ($50,370) to be expended by the District for the purpose of
purchasing the Equipment.
2. The District agrees and warrants that the Funds will be used solely for the purchase
of said Equipment. Said Equipment to be installed on 3 engines, 2 attack trucks and 1 command
staff vehicle.
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 Purchasing Department prior to the ordering or receiving of any
goods or services purchased under this Agreement.
4. Payment of the Funds to the District for purchase of the Equipment shall be in accordance
with the following:
A. The Trustee shall make available funds in an amount not to exceed fifty thousand
three hundred seventy and no/100 dollars ($50,370) to reimburse the District for the purchase of
Equipment. Said reimbursement payment shall be 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.
16 E t
B, The District or its designee, shall: (a) provide 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 reimbursed to the District. (b) A
letter from the District, signed by the Chairperson, stating that the purchase has been received and
accepted in good order and directing the County to reimburse the District. In no way shall the
amount to be reimbursed exceed $50,370,
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 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 the 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 for 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 and installed by the District within twelve (12) months from the
execution of this Agreement, it is understood and agreed upon by the parties that the District 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 third party.
6. The District understands and agrees that the funds to be provided to 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 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 Immokalee Road
Naples, FL 34120
IF TO THE TRUSTEE:
Collier County
c/o Real Property Management
Administration Building
3301 Tamiami Trail East
Naples, FL 34112
10. In the event that the Equipment ceases to be utilized by the District as described in
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 or upon mutual agreement of County and the District.
16E6
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,
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BOARD 0 ,..~UNTY CO:iMI SIONERS
COLLlER,t NTY, FLORID _
I kl
~ ..ct..
By: '! ~ '.;l
Donna Fiala, Chairman
AS TO BIG CORKSCREW ISLAND FIRE
CONTROL AND R~~ DISTRICT
DATED: ~
ATTEST:
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R. Eliseo Chao, Secretary
BIG CORKSCREW ISLAND FIRE CONTROL
AND~SCUE DISTRICT
By: IJ 01 "-.Q M -P !lcur'{~V
Paul M. Plamondon~ Chairman
Approved as to form and
legal sufficiency:
\/ ]i ( I
I ",.... t, I
Heidi F, Ashton-Cicko
Assistant County Attorney
This Convey~nce Approved Dy
The Board Of County
Commissioners
Collier County l=lorida,
Pursuant To Aa.enrJa I
Date: ~.2~-Oq -.tem No: I b f 0