Parks & Rec 2010 Agreement
AGREEMENT
THIS AGREEMENT made this q day of ND'~e,fl..k' , 2010 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 COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF
FLORIDA FOR AND ON BEHALF OF THE PARKS AND RECREATION DEPARTMENT OF
COLLIER COUNTY, (hereinafter referred to as "County"), whose mailing address is 15000
Livingston Road, Naples, Fl34119.
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 County is requesting funds from the GAC land Trust to construct an
expansion to the existing Community Center at the Max Hasse Community Park located in Golden
Gate Estates; and
WHEREAS, Trustee has determined that County'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 the expansion of the Community Center at the Max Hasse Community Park
located in Golden Gate Estates (hereinafter referred to as "Expansion"); and
WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated 1\/1 )10 ,
approving the use of funds derived from the sale of Property to fund the Expansion within "Golden
Gate Estates"; 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 reimburse the County 60% of the total cost of the Expansion,
for a maximum amount not to exceed Three Hundred Thousand and no/100 dollars ($300,000.00),
in accordance with the terms and conditions of this Agreement, provided said funds are to be used
solely for the purpose of providing funding for the Expansion.
2. The County agrees and warrants that the funds will be used solely for said
Expansion.
3. The County hereby agrees that the funding of the Expansion 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 ordering or receiving any goods or
services purchased under this Agreement.
4.
following:
Payment of the funds to the County for the Expansion shall be in accordance with the
A. The Trustee shall make available the funds for the Expansion 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 a copy to the Real Property Management Manager, of said verification.
B. The County, or its designee, shall: (a) provide the Real Property Management
Section Manager, copies of all invoices, purchase orders or other documentation which shall clearly
state the purposes of said expenditure. Only those invoices which clearly state expenditures
associated with Expansion shall be approved. Payments(s) shall be approved upon satisfactory
review by the Real Property Management Manager and shall be made payable directly to the
County. (b) A letter from the County, signed by the Parks and Recreation Director or his designee,
stating that the Expansion has been completed in good order and directing the Trustee to reimburse
the County. In no way shall the amount to be reimbursed exceed Three Hundred Thousand and
no/100 dollars ($300,000.00).
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 County.
D. Upon completion of the Expansion, the County designee shall promptly forward a
letter to the Trustee stating that all money from the GAC Land Trust has been used exclusively for
the Expansion.
E. The County 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 County to pay any remaining balance required for the Expansion.
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 Expansion is
not completed by the County within twelve (12) months from the execution of this Agreement, it is
understood and agreed by the parties that the County shall refund or repay to Trustee, within thirty
(30) days, any and all funds which have been provided to the County pursuant to the provisions of
the 1983 Agreement.
5. The County understands and agrees that the funds to be provided to County 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 and that such funds
are currently in Fund 605-122390 (The GAC Land Trust Sales Fund).
6. The County agrees that following construction of the Expansion, the site shall be used
primarily for servicing the geographical area commonly known as "Golden Gate Estates".
7.
Florida.
This Agreement is governed and construed in accordance with the laws of the State of
8. Any notice required by this Agreement shall be addressed to the parties at the
address set forth below:
IF TO THE COUNTY:
Collier County Parks and Recreation Department
15000 Livingston Road
Naples, FL 34119
IF TO THE TRUSTEE:
Collier County
c/o Real Property Management Department
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
9. 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, County and Trustee have caused this Agreement to be duly
executed on the day and year first above written.
AS TO TRUSTEE:
DATED: ~.\CpI1.aO
ATTEST:
DWIGHT ~i .BRPRK, perk
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COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA, BY ITS BOARD OF COUNTY
COMMISIONERS, ACTING IN THEIR CAPACITY AS
TRUSTEE OF THE GAC LAND TRUST
~W'7
FRED W. COYLE, CHAIRMAN
BY:
.
DATED: hJ~. 1 tel U::tD
ATTEST:' , '.:;~ ~
DWIGHT E. BRO-eK, Clerk
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Approved as to form and
legal sufficiency:
~N~ _~,~
Jennife . White, ~
Assistant County Attorne~
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA FOR AND ON BEHALF OF THE PARKS
AND RECREATIO~EPA~TMENT OF COLLIER COUNTY
BY /"Lt.JL w. ~
FRED W. COYLE, CHAIRMAN
This Convey..nce Approved Dr
The Board Of County
Commissioners
Collier County rlorida,
Pursuant To Agenia
Date: II C-\. I ~ bm No: I ~ELf