Backup Documents 02/24/2009 Item #16E 6J
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16E6
MEMORANDUM
Date: February 25, 2009
To: Jason Bires, Property Acquisition Specialist
Real Property Management
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Agreement with Big Corkscrew Island Fire Control
& Rescue District for the purchase fire fighting equipment
Attached, for your records, is a copy of the document referenced above
(Agenda Item #16E6), approved by the Board of County Commissioners
on Tuesday, February 24, 2009.
If you should have any questions, please contact me at 774 -8406.
Thank you.
Attachment (1)
AGREEMENT
THIS AGREEMENT made this ='_1 day of � f Ita , 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 Trail 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.
WHEREAS, Trustee has acquired 1,061.5 acres located in Collier County, Florida
(hereinafter referred to as "Property'), from Avatar Properties 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 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 "Equipment "); 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
service to the residents of Golden Gate Estates; and
WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection ", dated 2lg 109,
1,
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
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 a maximum of twenty -eight thousand seven
hundred forty -six and no /100 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 Purchasing 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 with the 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.
16E6
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 (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 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 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 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. 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 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
Building W
3301 Tamiami Trail East
Naples, FL 34112
10. In the event that the Equipment ceases to be utilized by the District as describe j6 E 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 or upon mutual 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- alkOCK, Glef'k
Attest ti t4 ?�
AS TO BIG CORKSCREW ISLAND FIRE
CONTROL AND RESCUE DISTRICT
DATED:
ATTEST:
By: ,'e
R. Eliseo Chao, Secretary
Approved as to form and
legal sufficiency:
Jenni r White
Assistant County Attorney
BOARD OF C UNTY COMMISSIONERS
COLLIER C TY, FLORID _
By:
Donna ala, Chairman
lip
Item # vocit-0
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Date
Date '�--'Y5 -cr,
Recd