Agenda 10/28/2008 Item #16E23
Agenda Item No. 16E23
October 28, 2008
Page 1 of 9
EXECUTIVE 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 $150,000 from the GAC Land
Trust for the purchase of equipment and materials to facilitate the construction of a
Boundless Playground to be located at Big Corkscrew Elementary School and available
for use by all residents of 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 the All Kids Play Foundation of Corkscrew Community Inc.,
(Foundation) which provides for a maximum expenditure of GAC Land Trust Funds in the amount of
$150,000 to be used for the purchase of equipment and materials to facilitate the construction of a
Boundless Playground to be located at Big Corkscrew Elementary School and be available for use by all
residents 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,
Le., 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 May 21, 2007, at the GAC Land Trust Committee meeting, the Foundation made its initial
presentation to the GAC Land Trust Committee on the benefits of a Boundless Playground and made the
initial request for funding assistance. The Boundless Playground promotes inclusionary play
opportunities for children with sensory, developmental or physical disabilities through the development of
accessible play spaces. The Boundless Playground allows children with and without disabilities to play
together without boundaries.
The Foundation attended several GAC Land Trust Committee meetings to provide the Committee
members with additional information regarding the status of their fund raisers, the cost of equipment, the
cost of play surfaces, the construction of the play surface, and the costs associated with installation. The
cost of the play equipment is approximately $150,000. The cost of the play surface, the construction of
the play surface, and the associated installations is approximately $160,000.
At their meeting of May 27, 2008, the GAC Land Trust Committee recommended by a unanimous vote of
4-0 (fifth member seat is currently vacant) that the Board approve a request from the Foundation for a
maximum expenditure of $150,000 for the purchase of equipment and materials required for the
construction of a Boundless Playground. The expenditure is contingent upon the Foundation securing
matching funds. The Committee is recommending that the Board approve this expenditure even though
the Big Corkscrew Elementary School is outside the geographical boundaries of Golden Gate Estates as
defined in the 1983 Agreement, as the residents of Golden Gate Estates will benefit from the Boundless
Playground as all children can utilize the play equipment and play area. In addition, a letter from the
School Board has been attached in which the School Board gives their approval for the Boundless
Playground to be located on school property. Also. the Foundation will be responsible for the
maintenance of the Boundless Playground.
-
As required in the 1983 Agreement, a "Letter of No Objection" (copy attached) has been secured from
Avatar Properties Inc. approving the expenditure of funds and waiving the 1983 requirement that facilities
be located within the geographical boundaries of Golden Gate Estates as all the residents of Golden Gate
Agenda Item No. 16E23
October 28, 2008
Page 2 of 9
Estates will benefit from the Boundless Playground. The Agreement has been reviewed and approved by
the County Attorney's Office.
FISCAL IMPACT: A total allocation of $150,000.00 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 a maximum expenditure of $150,000.00 for the purchase of equipment
and materials to facilitate the construction of a 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.
Page 1 of 1
Agenda Item No. 16E23
October 28, 2008
Page 3 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16E23
Recommendation that the Board of County Commissioners approves an Agreement to
provide a maximum expenditure of One Hundred Fifty Thousand and no/1 00 dollars
($150,00000) from the GAC Land Trust to the All Kids Play Foundation of Corkscrew
Community for the purchase of equipment and materials to facilitate the construction of a
Boundless Playground to be located at Big Corkscrew Elementary School and to serve the
residents of Golden Gate Estates.
Meeting Date:
10/28/2008 900:00 AM
Approved By
Toni A. Mott
Real Property Supervisor
Date
Administrative Services
Facilities Management
10/14/2008 4:30 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
10/15/200812:14 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/16f2008 9:11 AM
Approved By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
10/16f2008 11 :06 AM
Approved By
Randy Greenwald
ManagemenUBudget Analyst
Date
County Manager's Office
Office of Management & Budget
10/16/2008 12:03 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/21/200812:20 PM
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AGREEMENT
Agenda Item No. 16E23
October 28, 2008
Page 4 of 9
THIS AGREEMENT made this _day of , 2008 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. f1kla 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 purchase
equipment and materials to facilitate the construction of a Boundless Playground to be located at
the Big Corkscrew Elementary School: 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 equipment and materials 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 91221 O~
approving the use of funds derived from the sale of property to purchase equipment and materials
for the construction of a Boundless Playground; 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 a maximum of One Hundred Fifty Thousand Dollars
($150,000) of the total funds to be expended by the Foundation for purposes hereinafter stated,
(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 equipment and materials to
facilitate the construction of a Boundless Playground to be located at Big Corkscrew Elementary
School and to service the residents of Golden Gate Estates (hereinafter referred to as "Equipment").
2. The Foundation agrees and warrants that the Funds will be used solely for said
purchase of Equipment for the construction of a Boundless Playground to be used by all of the
residents of Golden Gate Estates.
3. The Foundation 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 Dr receiving of
any goods or services purchased under this Agreement.
4. Payment of the Funds to the Foundation for the purchase of the Equipment shall be
in accordance with the following:
A. The Trustee shall make available the Funds for the purchase of Equipment 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 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
the purposes of said expenditure. Only those invoices which clearly stated 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 Foundation. (b) A letter from the Foundation, signed by the Chairperson. stating that the
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purchase has been received and accepted in good order and directing the County to reimburse the
Foundation. In no way shall the amount to be paid exceed One Hundred Fifty Thousand Dollars
($150,000).
Agenda Item No. 16E23
October 28, 2008
Page 5 of 9
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 purchase of the Equipment, 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 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 Foundation 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 Foundation 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
twenty-four (24) months of the execution of this Agreement by both parties. In the event that the
Equipment is not purchased and installed 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 Equipment 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 Collier
County in accordance with the terms of tnis 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 Foundation agrees that the following purchase of the 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 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 rv1anagement
Building W
3301 Tamiami Trail East
Naples, FL 34112
10. In the event that the EqUipment ceases to be utilized by the Foundation as described
i.n Paragraph 2, the Foundation agrees that the Foundation shall either pay to the County, within
(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 Foundation as described in Paragraph 2 or request from the Trustee to
waive the requirement for the Foundation to reimburse the County the amount of the fair market
value of the Equipment. 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 Should the
Foundation elect to pursue a waiver and the waiver is not granted by the Trustee, the Foundation
shall make payment to the County no later than (30) days from the date of the Trustee's decision.
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Agenda Item No. 16E23
October 28, 2008
Page 6 of 9
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. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
WITNESS:
~ , ~::;:;z:
(s;g"a~
'JEI2.~y 'Mq4U8U/JAf,
(Printed Name)
:/j;~ ~
(SiLture)
~ ';:'/Z./f ~'t',4V'(..~
(Printed Name)
ALL KIDS PLAY FOUNDATION OF
CORKSCREW COMMUNITY, INC.
BV;;}
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WITNESS:
~
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(Signature) .~.
v~t~[/~64i:'/:-d-i./}ry
(Printed Na(ne)
~~
(Sikature)
_t i rUT ~ r{f} 1/ tll1 ~
(Printed Name)
BY:
~ Ib~ I~ /t)!;
, Treasurer
Approved as to form and
legal sufficiency:
c;o,A(!f~
Jennifer~elPedio
Assistant County Attorney
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AVATAR PROPERTIES INC.
Agenda Item No. 16E23
October 28, 2008
Page 7 of 9
~
Patrie ia K _ Fletcher
Florida, 1983
Direct Dial: (305) 442-7000 x2219
Facsimile: (305) 441-iX76
E-Mail: pk_tlctchcr:g:avatarhoJdings_eol1l
September 22, 2008
RECEIVED
VIA EMAIL AN 0
VIA FACSIMILE (239) 252-8876
c: t: p ') ,~ 'm(JS
...,..J~, "- n ",-Uo.)
Mr. Jason Bires
Property Acquisition Specialist
Collier County Government
Real Estate Services
3301 E. Tamiami Trail
Naples, FL 34112
REAL ESTATE SERVICES
Re: 1983 Agreement belwl.:l:n Avatar Properties Inc. and Collier County
Proposed Expenditure for the Purchase of Equipment and Materials Required for the Boundless
Playground to be located at Corkscrew Elementary School
Dear Mr. Bires:
On behalf of A valar Properties Inc., I would hereby acknowledge receipt of your letter dated
September 18,2008 \-vhich references the above captioned matter. [have reviev.-ed 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 \1,'il1 be located at Corkscrew Elementary
School. Accordingly, \\-e waive the requirement in the 1983 Agreement that the facilities be physically
located in Golden Gate Estates, Specifically, the expenditure of not more than $150,000 [rom the GAC
Land Trust under the 1983 Agreement for the purchase equipment and materials for the Boundless
Playground is approved.
] f I can be of further assistance, please feel free to contact me at your convenience.
Vel)' Truly Yours,
A VATAR PROPERTIES INC'.
RG~ v~ ~ Ie t-Gz..rr l~~
Patricia Kimball Fletcher
Executive Vice President
General Counsel
PKF ines
ec: Mr. Michael Levy
Mr. Randy Kotler
Mr. Michael Rama
201 Alhillnhra Circle, 12th Floor, Coral Gables. FL 33134 . 80[j 4427000
G :'.A va:a: P:"ort':..ti~s In;:'.Col"':\:,sponde;lce'J.Ntcfs\Scnt\Bires. CI<:~-O~ .~k\:
Agenda Item No. 16E23
October 28, 2008
Page 8 of 9
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OFFICE OF THE SUPERINTENDENT
577 5 Osceola Trail
Naples, Florida 34109-0919
(239) 377-0212. FAX (239) 377-0206
May 6, 2008
All Kids Play FOWldation of
Corkscrew Community, Inc.
c/o Mrs. Barbara Southwick
780 Grand Rapids Blvd.
Naples, FL 34120
Dear Mr~ Southwick:
Please be advised that Boundless PlaygroWld for the Corkscrew Community has been
approved. A site map is attached for the location of the playground at Corkscrew
Elementary School.
Thank you for y~ur interest in working with the students in the Collier County Public
Schools.
Please feel free to contact me if I can be of further assistance.
Sincerely,
t!L2.~
Dr. Dennis L. ThoI1lPson
Superintendent
DL T:dn
Enclosure
cc: Michele LaBute
COU/ER COUNTY CHARACTER EDUCATION TRAITS
Citizenship Cooperatior! Honesty Kindness Patriotism Perseverance
Respect Responsibility Seff.ContrClI TolerOlnee
THE COLLIER COUNTY PUBlIC SCHOOL SYSl EM IS AN EOUAl. ACCESS I EQUAl. O?PORl1JNITY INSTIruTION FOR EDUCATION AND EMPLOYMENT,
Print Map
Corkscrew ES
AgenBaQrelrctJd 16E23
October 28 2008
Page 9 of 9
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