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Fire and Rescue ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5). oute to Addressee(s) Initials Date (List utin order) 1. 2. (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information 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 BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached ---- 3. 4. 5. Board of County Commissioners 6. Clerk of Court's Office PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed 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 signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chainpan's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC 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 our deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The ~~ Coun Attorne's Office has reviewed the chan es, if a licable. \.J~" Yes N/A (Not (Initial) A licable) ~ ,,\~ ",\\>- ~ ... ,r...\'<< .., I: Fonnsl County Fonnsl BCC Fonnsl Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05 MEMORANDUM Date: June 22, 2006 To: Toni Mott, Manager of Property Acquisition Real Estate Department From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Agreement Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #16E5), which was approved by the Board of County Commissioners on Tuesday, June 20, 2006. If you should have any questions, please contact me at 774-8411 Thank you. AGREEMENT ,~ - THIS AGREEMENT made thiS;}) day of ~ ~ , 2006 between the BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT, a Special District created by Laws of Florida, Chapter 77-535, as amended, (hereinafter referred to as the "District") whose mailing address is 13240 Immokalee Road, Naples, Florida 34120, and 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 "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 WHEREAS, County 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 the County 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, the District and County entered into an Agreement dated March 7,1995 ("Original Agreement") wherein the District was authorized to use GAC funds in the amount of $20,000 for the purchase of miscellaneous fire protection equipment, which included 5 complete self contained breathing apparatus systems and 5 spare bottles (hereinafter collective referred to as Equipment). A stipulation of the Agreement provided that if the Equipment ceased to be based at the fire station or if the Equipment ceased to be used primarily for fire protection within Golden Gate Estates, the District agreed to pay the County an amount equal to the fair market value of the Equipment; and WHEREAS, Draeger Safety, Inc. (Draeger), the original vendor for this Equipment, has determined that this Equipment has no trade-in value as the Equipment is no longer manufactured or capable of being serviced and is totally obsolete. Draeger is agreeable to disposing of this Equipment for the District in accordance with approved EPA guidelines to ensure that the Equipment is taken out of service; and WHEREAS, the County has determined that authorizing Draeger to dispose of the Equipment for the District in accordance with approved EPA guidelines is in accordance with the intent of the provisions of the 1983 Agreement; and WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated (o-S Ctp approving the District's method of disposal; and WHEREAS, the District and the County desire to terminate the Original Agreement and enter into this Agreement. NOW THEREFORE, in consideration of the above premises which are incorporated herein 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 County hereby agrees to authorize Draeger to dispose of the Equipment for the District in accordance with approved EPA guidelines as the Equipment has no trade-in value to the District. 2. The District covenants and agrees that this Agreement is solely between the County and the District and the County shall have no direct or indirect liability to the vendor for the disposal of the Equipment or any other third party resulting from this Agreement. 3. District agrees to protect, defend, indemnify and hold the County 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 disposal of the Equipment by the District, its agents, employees, or in any way related to the use of the Equipment by the District, its agents, employees or any third party. 4. Florida. This Agreement is governed and construed in accordance with the laws of the State of 5. Any notice required by this Agreement shall be addressed to the parties at the address set forth below: IF TO THE COUNTY: Collier County c/o Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 IF TO THE DISTRICT: Big Corkscrew Island Fire Control and Rescue District 13240 Immokalee Road Naples, Florida 34120 4. 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. 5. This Agreement is not assignable. 6. The Original Agreement is hereby terminated. IN WITNESS WHEREOF, District and County have caused this Agreement to be duly executed on the day and year first above written. AS,"fO '~UNTY: BATED:'" (p:-:~-O(P AtT€ST: .... \; . ~~~~ . <,~ At . s.t.'c\...~ti> Ch11....... s , ,..:t9JatW.'onll! BOARD OF COUNTY COMMISSIONERS COLLIER COUN~A ~~::. ~ By: -~./' FRANK HALAS, Chairman AS TO DISTRICT: DATED: ATTC-.__- ~ .~c=J Donna M. Lihach, Secretary BIG CORKSCREW ISLAND FIRE CONTJ?9j- AND RES~~ DISTRICT By: fJadM fr~~ PAUL M. PLAMONDON, Chairman Approved as to form and ~I sufficiency: Air/'- eidi~. ~shton Assistant County Attorney .......... ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOl\tIPANY ALL ORIGINAL DOCUlVIENTS SENT TO THE BOARD OF COUNTY COl\1lVUSSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through -#4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4. com lete the checklist, and forward to Sue Filson (line #5). Initials Date 1. 2. 3. 4. 5. 6. Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information 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 Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved by the BCC Type of Document Attached .., Phone Number Agenda Item Number Number of Original Documents Attached Yes (Initial) NI A (Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed 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 signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainpan's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC 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 our deadlines! The document was approved by the BCe on (; w-o& (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne 's Office has reviewed the chan es, if a licable. ~\~ "'-\ ~ .....,. .., ,,\~ .., 2. 3. 4. 5. 6. I: Fonnsl County Fonnsl Bee Fonnsl Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: June 21, 2006 To: Toni Mott, Manager of Property Acquisition Real Estate Department From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Agreement Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #16E6), which was approved by the Board of County Commissioners on Tuesday, June 20, 2006. If you should have any questions, please contact me at 774-8411 Thank you. AGREEMENT THIS AGREEMENT made this 7{) ctL day of ~\ t~. ~ , 2006 between the BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT, a Special District created by Laws of Florida, Chapter 77-535, as amended, (hereinafter referred to as the "District") whose mailing address is 13240 Immokalee Road, Naples, Florida 34120, and 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 "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 WHEREAS, County has acquired 1,061.5 acres, located in Collier County, Florida (hereinafter referred to as "Property"), from Avatar Properties Inc. f/k1a/ 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 the County 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, the District and County entered into an Agreement dated October 7,1997 ("Original Agreement") wherein the District was authorized to use GAC funds in the amount of $28,448.89 for the purchase of miscellaneous fire protection equipment, which included 10 complete self contained breathing apparatus systems (SCBA) and 10 spare bottles. A stipulation of the Agreement provided that if the Equipment ceased to be based at the fire station or if the Equipment ceased to be used primarily for fire protection within Golden Gate Estates, the District agreed to pay the County an amount equal to the fair market value of the Equipment; and WHEREAS, the District would like to request permission from the County to release 5 of the SCBA's and 5 of the spare bottles (hereinafter referred to as Equipment), that were purchased under the Original Agreement, for purposes of utilizing for a trade-in to update SCBA units to comply with NFPA Standards; and WHEREAS, Draeger Safety, Inc. has established a fair market value of $4,000 for the Equipment; and WHEREAS, the County has determined that authorizing the District to utilize the fair market value of $4,000 as a trade-in towards the purchase of new SCBA units is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by providing fire and rescue protection to the residents of the Golden Gate Estates area; and WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated (rS-U; approving the District's use of the trade-in value towards the purchase of a new SCBA units; and WHEREAS, the District and the County desire to terminate the Original Agreement and enter into this Agreement. NOW THEREFORE, in consideration of the above premises which are incorporated herein 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 County hereby agrees to authorize the District to utilize the fair market value of $4,000 as a trade-in towards the purchase of new SCBA units by the District to be utilized by the District for purposes hereinafter stated, (hereinafter referred to as "New Equipment"). 2. The Original Agreement is terminated. 3. The District hereby agrees that the purchase of the New Equipment has been or shall be in accordance with all applicable bidding or other requirements for the procurement of property and services as set forth in Chapter 287, Florida Statutes, and such other statutory provisions as may apply. The District hereby agrees that the purchase of the New 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. Purchase of the New Equipment shall be in accordance with the following procedure: (1) The New Equipment shall be purchased by the District within twelve (12) months of the execution of the Agreement by both parties. In the event that the New Equipment is not purchased by the District within twelve (12) months from the execution of this Agreement, it is understood and agreed by the parties that the District shall refund and repay to County, within thirty (30) days, the sum of $4,000. (2) The District covenants and agrees that upon the utilization of the New Equipment in accordance with the obligation contained in this Agreement, it shall be the further obligation of the District to pay any remaining balance required to complete the purchase of the New Equipment. 5. The District agrees to obtain and maintain insurance coverage in an amount sufficient to provide for full repair and/or replacement of New Equipment in the event the New Equipment is damaged or destroyed. 6. The District covenants and agrees that this Agreement is solely between the County and the District and the County shall have no direct or indirect liability to the vendor of the New Equipment or any other third party resulting from this Agreement. 7. District agrees to protect, defend, indemnify and hold the County 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 Trade-In or the selection, purchase, delivery or use of the New Equipment by the District, its agents, employees, or in any way related to the use of the New Equipment by the District, its agents, employees or any third party. 8. The District understands and agrees that the proceeds of the New Equipment have been derived from and are being provided solely for the sale and/or use of a portion of the Property conveyed to the County pursuant to the 1983 Agreement administered and managed by the County for the GAC Land Trust. The District further understands and agrees that no ad valorem taxes, revenues or moneys form other sources have been committed or will be committed by the Collier County Board of County Commissioners for the purposes set forth in this Agreement. 9. The District agrees that following purchase, and at all times thereafter, the New Equipment shall be used to provide for fire and rescue protection within the geographical area commonly known as "Golden Gate Estates". This Agreement is not intended, however, to preclude the use of the New Equipment within non-estates areas of the District so long as the primary use is for efficient fire and rescue protection services within Golden Gate Estates. 10. In the event that the New Equipment ceases to be utilized by the District as described in Paragraph 2, or if the New Equipment ceases to be used in accordance with the terms of this Agreement, 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 New Equipment at that time, such amount not to exceed the amount of $4,000. Such amount to be paid to the County may be used by the District for other fire protection related uses within Golden Gate Estates if the Board of County Commissioners approves, in writing, such uses. 11. Florida. This Agreement is governed and construed in accordance with the laws of the State of 12. Any notice required by this Agreement shall be addressed to the parties at the address set forth below: IF TO THE COUNTY: Collier County c/o Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 IF TO THE DISTRICT: Big Corkscrew Island Fire Control and Rescue District 13240 Immokalee Road Naples, Florida 34120 13. 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. ~ 14. This Agreement is not assignable. IN WITNESS WHEREOF, District and County have caused this Agreement to be duly executed on the day and year first above written. AS TO COUNTY: . DATED: . Cf~ ir;.;:-o~ ATTEST: ".' <:- DWIG.~.T BRO....~. ..... '..:.. rkJ <:&,. ... ~ ,q: S. cvJ)'Rsc Atttn .",to ~h"''' , 119(iaturt :9'!J~ . ,I ",'.' ;.., BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL IDA By: F AS TO DISTRICT: DATED: ATTEST: ~=--~- ~.. " I ~, Donna M. Lihach, Secretary Approved as to form and leg!ff~ J j~ Heidi F~ Asfi on Assistant County Attorney --- ~ ORIGINAL DOCUl\1ENTS CHECKLIST & ROUTING SLIP TO ACCOl\1PANY ALL ORIGINAL DOCUlVIENTS SENT TO THE BOARD OF COUNTY COM:MISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the exc tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5). Office Initials 2. 3. 4. 5. Board of County Commissioners (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information 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 Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 6. Clerk of Court's Office ~'(.\'J_ '- Yes (Ini tial) N/A (Not A licable) PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached ~ 't\. \ ~ '{\ \~ ~ " ~\\\ ~ 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed 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 incJ.udes signature pages Q-om ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully 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 the BCC Chairman and the Clerk to the Board The Chainpan's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC 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 our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable. I: Formsl County Formsl Bce Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. MEMORANDUM Date: June 21,2006 To: Toni Mott, Manager of Property Acquisition Real Estate Department From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Agreement Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #16E8), which was approved by the Board of County Commissioners on Tuesday, June 20, 2006. If you should have any questions, please contact me at 774-8411 Thank you. AGREEMENT THIS AGREEMENT made this '4> 1L- day of ~ \JJ.J-- , 2006 between the BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT, a Special District created by Laws of Florida, Chapter 77-535, as amended, (hereinafter referred to as the "District") whose mailing address is 13240 Immokalee Road, Naples, Florida 34120, and 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 "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 WHEREAS, County 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 the County 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, the County currently has funds derived from the use and/or sale of a portion of the above-described Property; and WHEREAS, the District and County entered into an Agreement dated June 22, 1999 ("Original Agreement") wherein the District was authorized to use GAC funds in the amount of $51,413 for the purchase of a lightweight brush patrol/rescue vehicle (hereinafter referred to as Vehicle). The Vehicle consists of a cab and chassis with a foam system, water tank, pump, hose and auxiliary equipment. A stipulation of the Agreement provided that if the Vehicle ceased to be used primarily for fire protection within Golden Gate Estates, the District agreed to pay the County an amount equal to the fair market value of the Vehicle; and WHEREAS, the District desires to purchase a new cab and chassis for the Vehicle hereinafter referred to as "Vehicle Upgrade", and WHEREAS, the District would like to request permission from the County to release the cab and chassis portion of the Vehicle, that was purchased under the Original Agreement, to enable it to use the trade in value towards the Vehicle Upgrade; and WHEREAS, Elite Fire & Safety, Inc. has established a fair market value of $7,500 for the existing cab and chassis; and WHEREAS, the County has determined that authorizing the District to utilize the fair market value of $7,500 as a trade-in towards the Vehicle Upgrade is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by providing fire and rescue protection to the residents of the Golden Gate Estates area; and WHEREAS, the District and the County desire to terminate the Original Agreement and enter into this Agreement; and WHEREAS, the District has requested funds to pay for the remaining cost of the Vehicle Upgrade; and WHEREAS, the County has determined that a disbursement of a portion of said funds to the District is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement which will provide fire and rescue protection to the residents of the Golden Gate Estates area; and WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated LF ~).{j f ' approving the District's use of the trade-in value of the existing cab and chassis towards the purchase of the Vehicle Upgrade and utilization of funds derived from the sale of Property for the Vehicle Upgrade for the District's use. NOW THEREFORE, in consideration of the above premises which are incorporated herein 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 County hereby agrees to authorize the District to utilize the fair market value of $7,500 as a trade-in towards the purchase of the Vehicle Upgrade by the District to be utilized by the District for purposes hereinafter stated. 2. The County hereby agrees to contribute a maximum of Twenty One Thousand One Hundred Eighteen ($21,118.00) of the total funds to be expended by the District for purposes hereinafter stated, (hereinafter referred to as the "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 Vehicle Upgrade. 3. The District hereby agrees that the purchase of the Vehicle Upgrade has been or shall be in accordance with all applicable bidding or other requirements for the procurement of property and services as set forth in Chapter 287, Florida Statutes, and such other statutory provisions as may apply. The District hereby agrees that the purchase of the Vehicle Upgrade 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 for the Vehicle Upgrade shall be in accordance with the following procedure: (1) After delivery of said Vehicle Upgrade to the District, the District shall deliver to the Real Estate Services for approval prior to any payment made to the District: (a) Copies of any and all invoices for said Vehicle Upgrade, clearly stating the purpose of said invoices and indicating that the invoices have been paid in full. (b) A letter from the District, signed by the Chairperson, stating that the Vehicle Upgrade has been received and accepted in good order and directing the County to reimburse the District upon payment of the invoices. (2) Within thirty (30) days after receipt and approval of the above-described documents and verification that all invoices have been paid in full by the District, if not already provided, a County warrant for payment shall be prepared and made payable to the District and shall be forwarded directly to the District by the County. In no way, shall the total amount to be paid exceed $21,118. (3) The Vehicle Upgrade shall be purchased by the District within eighteen (18) months of the execution of the Agreement by both parties. In the event that the Vehicle Upgrade is not purchased by the District within eighteen (18) months from the execution of this Agreement, it is understood and agreed by the parties that the District shall refund and repay to County, within thirty (30) days, any and all Funds which have been provided to the District pursuant to the provisions of this Agreement including the trade-in value of the existing cab and chassis. (4) If the District obtains any monies as a gift, contribution or reimbursement, through any grant program, pertaining to the purchase of said Vehicle Upgrade, such gift, contribution or reimbursement shall be, within ten (10) days of receipt by District, forwarded to the Board of County Commissioners for deposit into the GAC Land Trust Account as reimbursement of Funds provided for by this Agreement. District agrees to prepare and submit the appropriate grant applications whereby verification of such application, and its approval or denial, shall be provided to the County within thirty (30) days of submittal and/or receipt. (5) 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 to complete the purchase of the Vehicle Upgrade. 5. The District agrees to obtain and maintain insurance coverage in an amount sufficient to provide for full repair and/or replacement of the Vehicle and Vehicle Upgrade in the event the Vehicle or the Vehicle Upgrade is damaged or destroyed. 6. The District covenants and agrees that this Agreement is solely between the County and the District and, although the County shall reimburse the District for all or only a portion of the Funds on behalf of the District, the County shall have no direct or indirect liability to the vendor of the Vehicle Upgrade or any other third party resulting from this Agreement. 7. District agrees to protect, defend, indemnify and hold the County 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 use of the Vehicle and Vehicle Upgrade by the District, its agents, employees, or in any way related to the use of the Vehicle and Vehicle Upgrade by the District, its agents, employees or any third party. 8. 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 the County pursuant to the 1983 Agreement administered and managed by the County for the GAC Land Trust and that such Funds are currently in County Fund 605-122390 (The GAC Trust Land Sales Fund). The District further understands and agrees that no ad valorem taxes, revenues or moneys form other sources have been committed or will be committed by the Collier County Board of County Commissioners for the purposes set forth in this Agreement. 9. The District agrees that following purchase, and at all times thereafter, the Vehicle and Vehicle Upgrade shall be used to provide for fire and rescue protection within the geographical area commonly known as "Golden Gate Estates", This Agreement is not intended, however, to preclude the use of the Vehicle and Vehicle Upgrade within non-estates areas of the District so long as the primary use is for efficient fire and rescue protection services within Golden Gate Estates. 10. In the event that the Vehicle and Vehicle Upgrade ceases to be utilized by the District as described in Paragraph 2, or if the Vehicle and Vehicle Upgrade ceases to be used in accordance with the terms of this Agreement, 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 Vehicle and Vehicle Upgrade as of the date the Vehicle and Vehicle Upgrade ceases to be used by the District as described in Paragraph 2 or the date the New Vehicle ceases to be used in accordance with this Agreement. 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 Vehicle or Vehicle Upgrade. 11. Florida. This Agreement is governed and construed in accordance with the laws of the State of 12. Any notice required by this Agreement shall be addressed to the parties at the address set forth below: IF TO THE COUNTY: Collier County c/o Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 IF TO THE DISTRICT: Big Corkscrew Island Fire Control and Rescue District 13240 Immokalee Road Naples, Florida 34120 13. 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. 14. This Agreement may not be assigned. IN WITNESS WHEREOF, District and County have caused this Agreement to be duly executed on the day anJ:l year first above written. 4, "'.. ;', l<"'.'-. AS'TO COUNT'!;, DATED:. (r-ZOr-Or., =ATTEST: DWIGHT. E., B.. R. OQ~rk ~'@iJok?\ LOo-J f6C BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, F IDA By: FRANK HALAS, Chalrm AS TO DISTRICT: DATED: ~ST~_~J Donna M. Lihach, Secretary BIG CORKSCREW ISLAND FIRE CON~L AND RESCUE DISTRICT By: 0u.11v1 rf!~ PAUL M. PLAMONDON, Chairman Approved as to form and j;fffiCie7 d A eidi F. Ashton Assistant County Attorney AMENDMENT TO AGREEMENT ~ TIiIS AMENDMENT TO AGREEMENT entered into this 25 day of $Q. ~'ott ,2007, by and between BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT, a Special District created by Laws of Florida, Chapter 77-535, as amended, (hereinafter referred to as the "District") whose mailing address is 13240 Immokalee Road, Naples, Florida 34120, and 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. WITNESSETH WHEREAS, the Trustee and District have previously entered into an Agreement dated June 20, 2006 (the "Agreement"); and WHEREAS, Elite Fire & Safety, Inc. has determined that the fair market value of the existing cab and chassis is $5,500 instead of $7,500; and WHEREAS, the Trustee and the District are desirous of amending said Agreement to add more funding, to extend the timeline and to decrease the trade in value of the existing cab and chassis; and WHEREAS, Avatar Properties Inc. has provided a Letter of No Objection dated August3,2007;and NOW THEREFORE, in consideration of the covenants and agreements provided within the said Agreement dated June 20, 2006 and Ten Dollars ($10.00) and other valuable consideration, the said Agreement is hereby amended as follows: 1. Paragraph "1" of said agreement is hereby deleted in its entirety and the following provision is substituted in its place: The County hereby agrees to authroize the District to utilize the fair market value of $5,500 as a trade-in towards the purchase of the Vehicle Upgrade by the district to be utilized by the District for purposes hereinafter stated. 2. Paragraph "2" of said Agreement is hereby deleted in its entirety and the following provision is substituted in its place: The County hereby agrees to contribute a maximum of thirty-two thousand twenty- three dollars ($32,023) of the total funds to be expended by the District for purposes hereinafter stated, (hereinafter referred to as the "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 Vehicle Upgrade; and 3. Paragraph "4 (2)" is hereby deleted in its entirety and the following provision is substituted in its place: Within thirty (30) days after receipt and approval of the above-described documents and verification that all invoices have been paid in full by the District, if not already provided, a County warrant for payment shall be prepared and made paable to the District and shall be forwarded directly to the District by the County. In no way shall the total amount to be paid exceed $32,023. 4. Paragraph "4 (3)" is hereby deleted in its entirety and the following provision is substituted in its place: The Vehicle Upgrade shall be purchased by the District by October 2008. In the event that the Vehicle Upgrade is not purchased by the District, it is understood and agreed by the parties that the District shall refund and repay to County, within thirty (30) days, any and all Funds which have been provided to the District pursuant to the provisions of this Amendment including the trade-in value of the existing cab and chassis, 5. Except as expressly provided herein, the said Agreement between the Trustee and District remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. 6. The parties agree that the agreement dated June 22, 1999 between County and District has terminated. IN WITNESS WHEREOF, the District and Trustee have hereto executed this Amendment to Agreement the day and year first above written. ~;;~D:;la~:O'1 ..~:l.:_... ......(~;,..... 'A nEST: ~ . ~ ' DWIG T ,E. BF\99-,~,perk ,'" ..',. ~)'ti.asu-< k By: ,,_tt~t u.to, CllII....... . Ja sIQnat~'OnI. AS TO DISTRICT: DATED: "'1- In -C)l ATTEST: BIG CORKSCREW ISLAND FIRE CONT OL AND RESC E DISTRICT ~ By: PAUL PLAMONDON, Chairman ~c :? DONNA LI HACH, Secretary ------- Approved as to form and legal sufficiency: JJL^ It ~ ~/~ Heidi F. Ashton Assistant County Attorney ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP , TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1'lim0l1 piDkpap.... AlIadItoarisiaal........... Orip"-"_be bud doll_to tlIa BcardOlllce. ThltCOlllp/olOdlOlllillrsllp wlori(iDal ............_tobeb:wmlod.totllaBoald.OlII=aoIymtllaBcardhulllk=.""""'"-OI1tl1ailem.) . . . ., .. . . ,ROUTING SLIP ":,' . OlmpldolllllliDg_Il............. ~fi:Jr..'...__1 <llP'"- -.lIJlIiIoriPn...._"" ~lftlla"-....aln:IdyCOlllplolo willl tlIa aftlla...............s . elmn... '1lDos'! #4, _tlIa~mdfi:nardtoSlldj]_(lIno!lS). Route to Addres.see(s) . Office Initials Date (Lisrin ' order) ..... 1. \,': 2. 3. 4. 5. 6. Minutes and Board of County Commissioners Clerk of Court's Office PRIMARY CONTACT'INFORMATION ('Ibe primary _ is tlIa bolder at r1Ie origiDal dcc1lml:D' pomdiDi BCC approvul. Ncmmliy tho primary am.... is lbe pcmlI1 who ~ued r1Ie executive SUJIIDJIl'y. Primary coaract iDtormaIiOll is tlC:Cdm ill tbc even[ oae of the ~c:s :above. .inc1wilil& Sue FUsca.. need to cpnt\Ctnaflfcr ~rioa.al or missing iDfor=tica. All ori(iDaJ d~-" accdiq tho BCC Olaizmm's sipmre ore to be deHvered to r1Ie BCC 0_ oaly _ tho BCC bas:ll:lO<llo approve tbc ilelD.) Name of Primary Staff ConlaCl Agenda Date Item was ved b me BCC Type of Documenl Attllched 3'A~ ~IRfS SE:.PTE(r\I!E.R 5 2001 Phone Number 114 -~-7\q Ib E:. '3 \ Yes N/A (Noe (Illitial) 1icable) JB jB ::SB -:S~ ,3B 3B Agenda Ilcm Number ~T' Number of Original Documents A=hcd ~ Forms! County _ Bce Forms! OrigiDal Dcc:aml:als Routiar SUp wws Ori(iDaJ 9.03.04, Revised 1.26.1l'. Revi3cd 2.24.Q5 1. INSTRUCTIONS & CHECKLIST Inilial ~ Yes column or mark "Nt A" in the NOl Applicable column. whichever Is Original oiocnm"'llt bas becI1 sip:cll'mitialed for legal sUfficiency. (All documcnlS to be signed. by the Chairman, with the exception of most leucrs; must be reviewed and signed liy the Office of the Coumy Ar1DrtJey. ThiJ mcJudcs signacurc pages from ordinallccs, resolutions. etc. signed. by the Coll1lly AIlCrncy's Office and signacurc pages from conlr3Cl3. agrccmenlS, elC. !bat bave becI1 tiIIIy ev>".....l by all parties excepl the BCC 0Iairman am! C1crk to the Board and I Stale Officials. All handwrittcn.strikc-lbroagb and revisions bave bCCl1 inilialed by the County ~y.' s Office and aU other arties 1 the BCC Chairman and the Clerk to the Board The Cllainpan' s sign.alllrc line dale bas bcen CIlrcred as the dale of BCe approval of the docu:ment or the lina.l ne li.arcd COI1!r2Ct dale whichever Is licable. "Sign here" tabs are placed on the approprialc pages indicating where the Chairman's si' and inilials arc In most cases (some conlrllClS arc an exception), the original documenl and this routing slip should be provided to Sue Filson in the BeC office within 24 houn of Bee approval. Some documents are time SCIISilive and requircYorwarding to T.n.h.'see within a certain time frame or the BCC's act:iollS arc nullified. Be aware of our d~.,.n;nes! The d......"'_nt was approTed by the Bee on (enter date) and aU changes made during !he meeting have been incorporated in !he attached dOCUJDel1t. The Conn Attorn s Offtce bas reviewed the es, If a licable. 2. 3. 4. 5. 6.