Agenda 01/29/2008 Item #16E 6
Agenda Item No. 16E6
January 29, 2008
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves an Agreement to
provide a maximum expenditure of Fifty-Four Thousand Dollars ($54,OOO) from the GAC
Land Trust to the Golden Gate Fire Control and Rescue District to purchase six weather
stations.
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 (Board), and the Golden Gate Fire Control and Rescue District (GGFD) which allows for GAC
Land Trust Funds in the amount of Fifty,Four Thousand Dollars ($54,000) to be used for the purchase of
six weather stations.
CONSIDERATIONS: On l\JovemberI5. 1983, Avalar 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 residences 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 Cate Estates.
At the December 5. 2007 GAC Land Trust Meeting, Victor Hill, Public Information Officer. Golden Gate
Fire Control and Rescue District, made a presentation to the GAC Land Trust Committee to request
funding from the Board to purchase six weather stations to be shared between the Golden Gate Fire
Control and Rescue District and the Big Corkscrew Island Fire Control and Rescue District (Districts).
Mr. Hill stated that these weather stations will be beneficial to the Districts in performing their duties and
serving the residents of Golden Gate Estates. The Districts would like to have these weather stations
operational for the upcoming fire season.
During the meeting, the Golden Gate Estates Land Trust Committee recommended by a vote of three
members to none (the fourth member abstaining and the fifth member position is vacant) that the Board
approve the GGFD request for a maximum allocation of $54,000 for the purchase of the six weather
stations. The GGFD will have twelve months from execution of the Agreement to expend all of the funds,
As required in the 1983 Agreement, a "Letter of No Objection" (copy attached), has been secured from
Avatar Properties, Inc. The attached Agreement has been reviewed and approved by the County
Attorney's Office.
FISCAL IMPACT: A total allocation of $54,000 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.
RECOMMENDATION: That the Board of County Commissioners, Acting as Trustee, approves the
attached Agreement providing for a maximum expenditure of $54,000 for the purchase of six weather
stations; authorizes the Chairman to execute the attached Agreement: and approves the attached Budget
Amendment.
~
PREPARED BY: Jason Bires, Property Acquisition Specialist, Real Estate Services, Facilities
Management Department.
Page 1 of 1
Agenda Item No. 16E6
January 29. 2008
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16E6
Item Summary:
Recommendation that the Baud of County Commissioners approves an Agreement to
provide a rnaximum expenditure of Fifty-Four Thousand Dollars !$54,OOO} from the GAC
Land Trust to the Golden Gate Fire Control and Rescue District to purchase six weather
stations
Meeting Date:
1/29/20C18 Ci 0000 AM
Prepared By
J",50n Brrs-s
F~!"op~:';tv l',cquisibon Specialist
Date
.Administrative Services
Facilities Management
1!16i20(Hj 2:10:58 PM
Approved By
-;:,kip Carnn, G.;: ,1\11.
::aciiities rifianage!T\f>n' Din,n:or
iJa1C,
l\dministrativ>:; ':jervic;;]~';
:;;;{;i'.iTies r'h;:H\i:!~-Jenw;w
.~ i,i20nG ;\: 'i: fJrvl
Approved By
','oni.l\, Matt
Reai Pmperty Supervt5-or
Uate
t"cdmin!stratrve Services
O:adHtir:>s !V!aml;]emeni
;.r'tG110()8 2:29 PM
Approved By
Len GoldEtn Prjce
Administ.rative Services Administrator
Date
Administrative Services
Administrative Services Admin.
1/16/20083:09 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
1/17/20089:50 AM
Approved By
Laura Davisson
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/17/20082:13 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/20/200811 :52 AM
file ://C :\Agenda T est\Export\99-January%2029, %202008\ 16. %20CONSENT%20AGENDA \... 1/23/2008
AVATAR PROPERTIES INC.
Agenda Item No. 16E6.'.
.January 29, 2008
Page 3 of 8
P"tricia K. r-1~lcht:r
Florida, 1983
Direct Diul: {30S)4.:l2-7000 :-:2219
Fncsimile: (305) .:14]-7876
E-Mail: pk_f1ctchcr@t1V:iI:!rholdings_com
January 14,2008
VIA EMAIL AND
VIA FACSIMILE (239) 252-8876
Mr. Jason Bires
Property Acquisition Specialist
Collier County Government
Real Estate Services
330 I E. Taminmi Trail
Naples, FL 341 ] 2
Re: 1983 i-\greement bClwcen i\ vaWr Propenies (nc. 3nd CoJlier COllnty
Proposed Expenditure for the Purchase of Si,\ \Veather Stations: Golden elale Fire Control and
Rescue Districl and the Big Corkscrew Island Fire Control & Rescue District
Dear Mr. Bires:
On behalf of A valar Properties Inc., I would hereby acknowledge receipt of your letter dated
JanuaJY II, 2008 which references the above captioned matter. I have reviewed your letter and hereby
advise you that A valar Properties Inc. has no objection to the contemplated transaction setfOlih therein,
Specifically, the expenditure of not more than $54,000 from the GAC Land Trust under the 1983
Agreement for the purchase of six weather stations is approved.
If I can be offilliher assistance, please feel free to contact me at your convenience.
Very Truly Yours,
AVATAR PROPERTIES INC.
~~A- fMt;;kv
Patricia Kimball Fletcher
Executive Vice President
General Counsel
Signed in Ms. Fletcher's
absence to Ilvoid delay
PKF/nes
cc: Mr. Michael Levy
Mr. Randy Kotler
Mr. Michael Rama
201 Alhambra Circle, 12th Ji'Joor, Coral Gables, FL 33134 . 305442 7000
G:\A \'Dlar Propenj(,'5 IncIColTespandcncc\Lellcrs\Scl1l\Bjrcs. 1.14.08 vcr 2.dcc
AGREEMENT
Agenda Item No. idE6
January 29. 2Q08
Page 4 qf 8
THIS AGREEMENT made this _day of . 2006 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 GOLDEN GATE FIRE DISTRICT. whose mailing address is 14575
Collier Boulevard, Naples, Florida 34119, 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 I (hereinafter referred to as the "1983 Agreement"); and
WHEREAS, pursuant to the 1963 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 six
weather stations to be placed at SIX of the fire stations In the Golden Gate Fire Control and Rescue
DIstrict as welt as the Big Corkscrew Island Fire Control and Rescue District: and
WHEREAS, Trustee has determined that 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 weather stations to assist the Districts In their service to the residents of Golden
Gate Estates: and
WHEREAS, Avatar Properties Inc has provided a ..Letter of No Objection.', dated Ilt4/0'l. ,
approving the use of Land Trust Funds fund the purchase of the weather stations for use by the
District; and
WHEREAS, the District intends to utilize the weather stations in the upcoming fire season.
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 fifty-four thousand and no/100
dollars ($54,000) to be expended by the District for the purpose of purchasing six weather stations.
2. The District agrees and warrants that the Funds will be used solely for said purchase
to provide accurate and up to date weather information to provide service to the residents of Golden
Gate Estates
3. The District hereby agrees that the purchase of the weatherstalions 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 weather stations shall be in
accordance with the following:
A. The Trustee shall make available the Funds ($54.000) for the purchase of the six
weather stations 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 Estate Services Department Director, of said
verification.
B. The District or its designee, shall: (a) provide Real Estate Services Department
Director, 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 weather stations shall be approved. Payment(s) shall be approved upon
satisfactory review by the Real Estate Services Department Director and shall be made payable
directly to the appropriate vendor. (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 pay
directly to the vendor, on behalf of the District, each invoice for purposes specified in paragraph 1.
In no way shall the amount to be paid exceed $54,000.
Agenda Item No.1 E6
January 29, 2 08
C Within thirty (30) days after receipt and approval of the above described Page 5 f 8
documentation, a County warrant for payment shall be prepared and made payable to the vendor
and shall be forwarded directly to the vendor by the County.
D Upon completion of the purchase of the six weather stations. the District or its
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 six weather stations 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 utiHzed 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 six weather
stations.
F. All funds requested, in accordance wit this paragraph shall be disbursed within twelve
(12) months of the execution of this Agreement by both parties In the event that the six weather
stations are not purchased and installed by the District within twelve (12) months from the execution
of this Agreement. it is understood and agree 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 10 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 six weather stations by the Distnct, its agents, employees, or In any way
related to the weather statIons by the District. ilS 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 berng 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 GAG 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 six weather stations shall be used
primarily for servicing the geographical area commonly known as "Golden Gate Estates".
6.
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 GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT:
Golden Gate Fire Control and Rescue District
14575 Collier Boulevard
Naples, FL 34119
IF TO THE TRUSTEE:
Collier County
c/o Real Estate Services Department
Administration Building
3301 Tamiami Trail East
Naples. FL 34112
1 Q. 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.
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.
Agenda Item No.1 E6
January 29, 2 08
IN WITNESS WHEREOF. District and Trustee have ceused this Agreement to be duly executed on Page 6 f 8
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 "Q.M;"'3. Chc;l(l't\o.....
AS TO ~ EN GATE FIRE CONTROL
AND RE UE DISTRICT
DATED: ,~-67
ATTEST /
- :/,- ..----,----=-
// /.,~--->-~ -..--'---'--
DffiJl~STEDMAN, Secretary
GOLDEN GATE FIRE CONTROL AND
RESCUE DISTRICT
By 2J 't.I/d~///
Approved as to form and
legal sufficiency:
ilL Ire 1(0
Heidi F. Ashton - Cicko
Assistant County Attorney
Agenda Item No. 16E6
January 29. 2008
Page 7 of 8
BUDGET AMENDMENT REQUEST
For Budget/Finance Use Only
BA#,.
JE#
8AR#.. .
A,P.II Date.
Fund Number: 605
Fund Description: GAC Land Trust
Date Prepared: 1/16/08
Approved by BCC on:
Attach Executive Summary
Item No.:
Fund Center Title:
WBS Element Title:
Expense Budget Detail
GAC Land Trust
I'd Ctr No.: J 22390
WBS No.:
Fund WBS Commit
Center Element Item
122390 881400
--_._._._~ --
iProvidc Lhe Fund Center or \VBS dement inJi.mnation: it is not n: uired to rovide both,)
Commitment Item Increase
Descri tion (Decrease)
Remit. To other Go\,'rs 54,000
Current
Bud et
o
Revised
Bndoet
54.000
~
-=t=~=t=~ I
\' et Change to Budget 54.000
_.'--~~--=J==-- ===J- --~::~~
-----..---'..-------:- -.-.--
--_.._----,-
Expense Budget Detail
Fund Center Title: Reserves
WBS Element Title:
(P "d I F de WBS I . f
I'd Ctr No.: 919010
WBS No.:
rovl e t 1C 'un enter or e cment III ormation; It 15 not reuulre to omVl e at 1.
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budl!et Budl!et
919010 994500 Reserve for Future Canst. (54,000) 1,773,500 1,719,500
d
d b I I
Net Change to Budget (54,000)
Expense Budget Detail
Fund Center Title:
WBS Element Title:
Fd Ctr No.:
WBS No.:
(Provide the Fund Center or WBS element infonnation; it is not required to provide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budl!et Budl!et
Net Change to Budget
Agenda Item No. 16E6
January 29. 2008
Page 8 of 8
Revenue Budget Detail
Fund Center Title:
WBS Element Title:
Fd Ctr No.:
WBS No.:
(Provide the Fund Center or WBS element infonnation; it is not reauired to nrovide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budl!et Budget
Net Change to Budget
EXPLANA nON
Why are funds needed'! To assist the Golden Gate Fire Control and Rescue District in purchasing
six weatherstations pursuant to the recommendation of the Golden Gate Estates Land Trust
Committee to increase the service to the residents of Golden Gate Estates.
Where arc funds available'! Funds are available in the GAC Land Trust Reserves.
DATE I
Cost Center Director:
Division Administrator:
Budl!et DeDartment:
Al!encv Manal!er:
Finance DeDartment:
Clerk of Board Admin.:
Input by:
B.A. No.:
REVIEW PROCESS