School District Deed
Memorandum
TO:
Minutes & Records Management
FROM:
Jason Bires
Property Acquisition Specialist
Real Estate Services
DATE:
January 28, 2008
RE:
GAC - School Board Land Conveyance - Statutory Deed
Please find attached one (1) original recorded Statutory Deed and one (1) original
Agreement for the above referenced project.
The Board of County Commissioners of Collier County, Florida approved the Statutory
Deed at their January 15,2008 meeting, item number 16E4.
Please contact me if you have any questions or comments at Extension 8719.
Thank you.
*** 4118733 OR: 4322 PG: 0022 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
01/17/2008 at 03:01PM DijIGHT B. BROCK, CLBRK
RBC FEE 10.00
DOC-.70 .70
COPIES 1.00
Retn:
RBAL BSTATE SVCS
EXT E 719 JASON
STATUTORY DEED INTBR OFFICE
THIS DEED, made this J~ day of ~, 200~ by COLLIER COUNTY, A
POLITICAL SUBDIVISION OF THE STATE OF FLORI ,BY ITS BOARD OF COUNTY
COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST,
having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the
Grantor, to SCHOOL DISTRICT OF COLLIER COUNTY, FLORIDA, having a mailing address of
5775 Osceola Trail, Naples, Florida 34109-0919, hereinafter called the Grantee.
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the successors and
assigns of corporations.)
WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in
hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to
the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County,
Florida, hereinafter referred to as the Lands:
Tract 136, Golden Gate Estates, Unit 78, according to the plat thereof as recorded in Plat Book 5
Page 16, of the Public Records of Collier County, Florida.
Tract 137, Golden Gate Estates, Unit 78, according to the plat thereof as recorded in Plat Book 5
Page 16, of the Public Records of Collier County, Florida.
Subject to easements, restrictions, and reservations of record.
WITNESSETH that the Grantee agrees and warrants that the lands shall be utilized solely for
school purposes including educational, auxiliary and ancillary plants and facilities such as bus
facilities and maintenance facilities. These lands shall not be used for affordable housing. If the lands
cease to be used for the operation of a public school purpose, the lands will automatically revert back
to the grantor.
IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its
name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board,
the day and year aforesaid.
".( . (L '
ATTES'f~.' '"
DWIQHT EO., BRO<;:k,'Blerk
~~~~'~
Attt$~.,to,Oulr111l1 ,
s 1 QIIat"". 1)1\ \ ·
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLQRIDA
. >~~~
By. {. <;
:J11?1. 0 Jeifo,~ CHAIRMAN
This Conveyance Approved Dy
The Board Of County
Commissioners
Collier County Florida,
Pu..suant To ~enda lL ~ I.
Date:l-IS-O temNo: 0 "1
4pp.\oyeo as tc for~ai SUfllClenc. y.
'_ \,:..M ~ 1(Q_
County I\ttornev -
AGREEMENT
'\-L: -
THIS AGREEMENT made this \ S~ day of \, 2000 between the SCHOOL
DISTRICT OF COLLIER COUNTY ~A, (hereinafter ref ed to as the "School") whose
mailing address is 5775 Osceola Trail, Naples, Florida 34109, 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,
whose mailing address is 3301 Tamiami Trail East, Administration Building, Naples, Florida 34112
(hereinafter referred to as the "County").
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 lands set aside on a Reserved List in anticipation of greater
future marketability potential or for future government needs; and
WHEREAS, the County has determined that the removal and conveyance of two (2) parcels from
the Reserved List to the School is in accordance with the intent of the provisions of the 1983
Agreement and accomplishes the purposes of said 1983 Agreement by assisting with the land
assemblage required for the construction of an elementary sC;hool and/or auxiliary and ancillary
educational facilities in Golden Gate Estates, which will provide added educational services to the
residents of the Golden Gate Estates area; and
WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated October 29,
2007, approving the conveyance of two (2) parcels from the Reserved List to the School.
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 convey to the School, via Statutory Deed and for no
monetary compensation, all of Tracts 136 and 137, Golden Gate Estates, Unit 78 to be utilized by the
School for the purposes hereinafter stated, (hereinafter referred to as the "Lands"), in accordance with
the terms and conditions of this Agreement, provided said Lands shall be utilized solely for School
purposes including educational, auxiliary and ancillary plants and facilities such as bus facilities and
maintenance facilities. These Lands shall not be used for affordable housing.
2. The School agrees and warrants that the Lands shall be utilized solely by the School for
School purposes including educational, auxiliary and ancillary plants and facilities such as bus
facilities and maintenance facilities. These Lands shall not include affordable housing. The School
also agrees that if the Lands cease to be used for the aforementioned purposes, the Lands will
automatically revert back to the Grantor.
3 The School 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 Lands by the District, its agents, employees, or in any way
related to the use of the Lands by the District, its agents, employees or any third party.
4. In the event that the Lands cease to be utilized by the School as described in Paragraph 2,
or if the Lands cease to be used in accordance with the aforementioned restrictions and limitations,
said Lands shall automatically revert back to the County.
5
Florida.
This Agreement is governed and construed in accordance with the laws of the State of
.
6. 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 Property Management Department
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
IF TO THE SCHOOL:
The District School Board
c/o Alvah Hardy, II, Executive Director Facilities Management
5775 Osceola Trail
Naples, Florida 34109
7. 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 WI.TJ)jj;.~S WHEREOF, School and County have caused this Agreement to be duly executed on
. \., ~.., ..., ,
t~(l\ ciayand:y~~; first above written.
:... . .".,'
'AS TQCOUNTY<'
~DAtED~
I ~~~;~~~CK
~'~hc
Attest &s to ~1naan s
51Qrlrrtu;~~ fJf'l '
AS TO SCHOOL:
DATED_\ \.~ V'l
BOARD OF OOUNTY rl) MISSIONERS
COLLlE~tz7~;#~I~-- {.
By. ~ '~ __~~_
:ltt?'> C/,; tfn.. . , Chairman
WITNESSES:
~ fIl.~
First Wit.o.ess (Signam) ~
Name: DIANe- . tJsr/t~
(Print or Type)
Second Witness (Si nature) ,..,
Name ~Ov' AY\ i'lf\I'deNntl
(Print or type)
ATT~
u-...2~__
Superintendent of School nd
Ex-Officio Secretary
DeNJljis L.ThtJmc&DN
(Print Name) .
This Conveyance Approved Dy
The Board Of County
Commissioners
Collier County Florida,
Pu..suant To ~enda
Date: \-15.0rltem No: I~ELj
Approved as to form and
legal sufficiency: ~
He~/\Ad1on /"- -@
Assistant County Attorney
By /Z(241 ~
Richard Withers
School Board Attorney
Date M V, 31/ '}.o/) 7