Big Corkscrew Island Fire Control & Rescue Agmt.
AGREEMENT
THIS AGREEMENT made this j5 ~ay of Jlt~ L, 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 BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE
DISTRICT, whose mailing address is 13250 Immokalee Road, Naples, FL 34120 (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, (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 District is requesting funds from the GAC Land Trust to purchase the BullEx
n~e Extinguisher Training System (hereinafter referred to as "System") to be used for the purpose
of training the residents of Golden Gate Estates on the proper use of fire extinguishers; and
WHEREAS, Trustee has determined that the District's request is in accordance with the
intent of the 1983 Agreement and accomplishes the purpo~es of said 1983 Agreement by providing
funds for the System to assist the District in their service to the residents of Golden Gate Estates.
The System will allow the District to train the residents of Golden Gate Estates on the proper use of
fire extinguishers.
WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated i2!8/()9 ,
approving the use of Land Trust Funds for the purchase of the System for use by the District; and
WHEREAS, the District intends to initially utilize the System during the Collier County Fair,
which is held from February 4,2010 through February 14, 2010.
NOW THEREFORE, in consideration of the above premises which are incorporated within
al1d 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 Ten Thousand and
riO/100 dollars ($10,000) to be expended by the District for the purpose of purchasing the System.
2. The District agrees and warrants that the Funds will be used solely for the purchase
of said System. Said System is to be in place for the Collier County Fair which is scheduled to
begin on February 4,2010 and run through February 14, 2010.
3. The District hereby agrees that the purchase of the System 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 purchases under this Agreement.
4. Payment of the Funds to the District for the purchase of the System shall be in
a~;cordance with the following:
A. The Trustee shall make available funds in an amount not to exceed Ten Thousand
an(j no/100 dollars ($10,000) to reimburse the District for the purchase. of the System. Said
rf:;mbursement payment shall be made within thirty (30) days of receipt of appropriate verification as
st:1ted below by the Trustee, with copy to the Real Property Management Manager, of said
ve>rification.
B. The District or its designee shall: (a) provide Real Property Management Manager,
cr"fJies of all invoices, purchase orders or other documentation which shall clearly state the purposes
c-~ said expenditure. Only those invoices which clearly state expenditures associated with the
purchase of the System shall be approved. Payment(s) shall be approved upon satisfactory review
cJ the Real Property Management Manager and shall be reimbursed to the District. (b) A letter from
the District, signed by the Chairperson, stating that the purchase has been received and accepted in
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gCjod order and directing the County to reimburse the District. In no way shall the amount to be
reimbursed exceed $10,000.
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 District by
the County.
D. Upon completion of the purchase of the System, the District or its designee shall: (1)
Promptly forward a letter to the Trustee stating that the money from the GAC Land Trust has been
used for the purpose of purchasing the System 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 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 System.
F. All funds requested, in accordance with this paragraph shall be disbursed within
twelve (12) months of the execution of this Agreement by both parties. In the event that the System
is not purchased by the District within twelve (12) months from the execution of this Agreement, it is
understood and agreed upon 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 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 System by the District, its agents, employees, or in any way related to the
System by the District, its 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 being provided solely
hr 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 District agrees that the following purchase of the System shall be used primarily
for training the residents of Golden Gate Estates on the proper use of fire extinguishers.
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 BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT:
Big Corkscrew Island Fire Control and Rescue District
13250 Immokalee Road
Naples, FL 34120
IF TO THE TRUSTEE:
Collier County
c/o Real Property Management
Building W
3301 Tamiami Trail East
Naples, FL 34112
10. In the event that the. System 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 System as of the date that the System 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
the System or upon mutual agreement of the County and 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.
IN WITNESS WHEREOF, District and Trustee have caused this Agreement to be duly executed on
tl"IEi day and year first above written.
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AS TO BIG ~ORKSCREW ISLAND FIRE
CONTROL AND RESCUE DISTRICT
DATED:
ATTEST:
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BIG CORKSCREW ISLAND FIRE CONTROL
AND R~TRIC
By: I
Paul M. Plamondon, Chairman
:)et= a-H~h.ed GXh,b, -t- A"
Approved as to form and
legal sufficiency:
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,I,::nnifer B. ite
A:~sistant County Attorney
Big Corkscrew Island Fire Control and Rescue District
Resolution 09-03
NOW THEREFORE BE IT RESOLVED, that the District hereby empowers,
authorizes, and directs the District's Chairman, Vice Chairman and/or
Secretary/Treasurer to execute and deliver for and on the District's behalf, all legal or
necessary documents, and with such further and additional terms and conditions as shall
be approved by such Chairman and Secretary, such approval to be evidenced by the
Chairman's and Secretary's execution and delivery of such instrument incorporating such
terms and conditions. A copy of this Resolution shall be attached as Exhibit "A" to any
document signed by other than the Chairman of the Board.
an, Chrisopher L. Crossan
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Secretary/Treasurer, Ramon Eliseo Chao
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CERTIFICATE AS TO ADOPTION OF RESOLUTION
I, THE UNDERSIGNED, hereby certify that I am the duly acting and
appointed District Chairman of the BIG CORKSCREW ISLAND FIRE CONTROL
AND RESCUE DISTRICT (the "District") and am authorized to give this certificate on
the District's behalf.
I further certify that a public meeting of the Board of Commissioners of
the District was held on JULY 14. 2009, at which a quorum of the commissioners was
present and in attendance and for which proper notice was given.
I further certify that at said meeting Resolution 09-03, true, correct and a
complete copy of which is attached hereto as Annex "A," was adopted by unanimous
vote of the commissioners of the District on the District's behalf; and that such resolution
is now and continues to be in full force and effect.
I further certify that the District's seal is as affixed hereto.
~ .~SS WHEREOF, I have hereunto set my hand, as of the I!fdaY of
- y ,20dL.
rPcw1 MjJ~~
District Chairman
STATE OF FLORIDA
COUNTY OF COLLIER
~ BEFORE ME, the undersigned authority, perst..!llY appeared -
Q.,.J 7hm~h^, , the duly appointed and elected OmfYJ/;';~'bn.e(~I(MQ~
of the BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT,
who, first being duly sworn by me, deposes and says the statements contained in the
CERTIFICATE AS TO ADOPTION OF RESOLUTION to which this is attached are
true, correct, and complete in every respect.
SWORN TO and subscribed before me, this fi day of ~, 2~.
(4Uu~:M, /Ld~
NOTARY PUBLIC
My Commission Expires:
Please print, type, or stamp notary's name and commission number
beI9"1: . I I Iii I - / I
-H,(lJ,v~Jle N., t1UaJe-.s~ DDSgqgS{)
NOTARY PUBIJC-STATE OF FLORIDA
""'''''''''' 'M1CHEllE N. HUDDLESTUN
{~ } Co~mission # DD589850
"'I "..- ExpireS: AUG. 28, 2010
BO~T>Eo THRU ATlANTIC BO~'DING CO., lNe.
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