All Kids Play Site Development Agmt.
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AGREEMENT
THIS AGREEMENT made this a1 day of QiobUl_' 2009 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. flk/a GAC Properties Inc. in
accordance with the November 15, 1983 Agreement between Avatar Properties Inc. and Collier
County, (hereinafter referred to as the "1983 Agreement"); and
WHEREAS, pursuant to the 1983 Agreement, the Property deeded to Trustee and/or the
monetary proceeds acquired from the subsequent sale of said Property are to be used to provide
governmental facilities within and for the geographical area 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 cover
unforeseen construction costs associated with the construction of the Boundless Playground.
These construction costs include unforeseen site adjustments, drainage problems due to different
le'Iels of surfacing, adult sized accessible swing seat, additional form posts, additional drawings and
additional dumpster service (hereinafter referred to as "Site Development"); 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 Site Development 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 iO/610q ,
approving the use of funds derived from the sale of property to cover the Site Development; 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 an amount not to exceed Five Thousand and
ne! 1 00 dollars ($5,000.00) to be expended by the Foundation for the purposes hereinafter stated,
(h~:einafter referred to as "Funds") in accordance with the terms and conditions of this Agreement,
provided said Funds are to be used for Site Development.
2. The Foundation agrees and warrants that the Funds will be used solely for Site
Development.
3. The Foundation hereby agrees that the funding for Site Development shall be
conducted in a manner consistent with the Board of County Commissioner's purchasing policy and
in proper coordination with the County's Purchasing Department prior to the ordering or receiving of
any goods or services purchased under this Agreement.
4. Payment of the Funds to the Foundation for Site Development shall be in accordance
with the following:
A. The Trustee shall reimburse the Foundation the Funds for Site Development within
thirty (30) days of receipt of appropriate verification as stated below by the Trustee, with a copy to
the Real Property Management Manager, of said verification.
B. The Foundation or its designee shall: (a) Provide Real Property Management
M~nager, copies of all invoices, purchase orders or other documentation which shall clearly state
thf7 purposes of said expenditure. Only those invoices which clearly state expenditures associated
with Site development shall be approved for reimbursement. Payment(s) shall be approved upon
satisfactory review by the Real Property Management Manager and shall be made payable directly
to the Foundation. (b) Provide a letter from the Foundation, signed by the Chairperson, stating that
the Site Development has been completed in good order and directing the County to reimburse the
F.)undation. In no way shall the amount to be paid exceed Five Thousand and no/100 dollars
($:>,000.00).
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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 additional work for which the additional funds are being
requested, 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 covering Site Development 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. Said funds shall be
deposited directly into the GAC Land Trust Fund 605.
E. The Foundation covenants and agrees that upon 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 over $5,000.00.
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. If the additional work
that is required is not completed 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 Boundless Playground 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 the
Foundation in accordance with the terms of this Agreement have been derived from and are being
provided solely for the sale and/or use of a portion of the Property conveyed to Collier County
pursuant to the 1983 Agreement administered and managed by the County for the GAC Land Trust
an,':" that such funds are currently available in Fund 605-112390 (The GAC Land Trust Sales Fund).
7. The Foundation agrees that the following request for Site Development 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 Management
Building W
3301 Tamiami Trail East
Naples, FL 34112
10. 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, Foundation and Trustee have caused this Agreement to be duly
executed on the day and year first above written.
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DATED: 10--
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(Signature)
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(Pr;nted Name)
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(Signature)
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(Printed Name)
WITNESS: '!Juuif
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(Signature)
Mar/fA- L I [)rc.u-ff
(Printed Name)
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(Signature)
UlJerlM DI ff.a ~~u
(Pf"inted Name)
Approved as to form and
legal sufficiency:
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Jenn White
Assistant County Attorney
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BOARD OF CO TY COMM::ZSSI NERS
COLLIER CO ,FLORIDA _
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By: v'rr- ~
Donna Fiala, Chairman
ALL KIDS PLAY FOUNDATION OF
CORKSCREW COMMUNITY, INC,
BY:
BY: