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Backup Documents 02/08/2011 Item #16K4ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16K4 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 #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throu routing lines #I through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) List in routing order) Office Initials Date 1. a ro riate. (Initial) Applicable) 2. 2/8/2011 Agenda Item Number 16K4 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 2/8/2011 5. Ian Mitchell, Executive Manager BCC Board of County Commissioners J� 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prcpared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell needs to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Phone Number 252 -8400 Contact a ro riate. (Initial) Applicable) Agenda Date Item was 2/8/2011 Agenda Item Number 16K4 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Amendment to Tri -Party DCA Number of Original Three Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132/33 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be JAK 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 possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip JAK should be provided to Ian Mitchell 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 your deadlines! 6. The document was approved by the BCC on 2/8/2011 and all changes made during JAK the meeting have been incorporated in the attached document. The County Attorney's IP Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132/33 16K4 MEMORANDUM Date: February 9, 2011 To: Jeff Klatzkow County Attorney From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Amendment to Tri-Party DCA Enclosed please find two (2) originals as referenced above (Item #16K4) adopted by the Board of County Commissioners on Tuesday, February 8, 2011. Please forward a Certified Copy once the original is recorded by the School Board. If you have any questions, please call me at 252 -8411. Thank you. Enclosed (1) 16K4 OMCE OF THE COUNTY ATTOMEY INTEROFFICE MEMORANDUM TO: Trish Morgan, Minutes and Records Manager FROM: Jeffrey A. Klatzkow, County Attorney DATE: February 8, 2011 RE: Amendment to Town of Ave Maria Tri -Party Developer Contribution Agreement Agenda Item 16K4 - approved February 8, 2011 I have attached three (3) original documents as referenced above. Rather than relay the School Board's instructions regarding recording, etc., I have attached a copy of the letter from Mr. Eastman. According to this letter, the School Board will be recording the document. Please return the remaining two fully- executed documents to this office and we will forward them onto the School Board. Please call if you have any questions. Thanks. 07- MGR - 00124/11 16K4 Strict Schoo/ OFFICE OF DIRECTOR wINTERAGENCY, REAL PROPERTY & REGULATORY COORDINATION THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY 5775 Osceola Trail, Naples, Florida 34109 -0919 (239) 377 -0267 Phone (239) 377 -0271 FAX January 21, 2011 Jeffrey Klatzkow, Esq. Collier County Attorney Collier County Government Center 3301 Tamiami Trail, East Harmon Turner Building, 8"` Floor Naples, Florida 34112 RE: Amendment to Town of Ave Maria Tri-Party Developer Contribution Agreement Dear Jeff, Enclosed please find three originals of the Amendment that have been executed by Ave Maria Development, LLLP (the "Developer ") and the District School Board of Collier County, Florida. Please process these original documents for consideration by the Board of Collier County Commissioners at the next available regular meeting. In the event that the Amendment is approved and executed by the Board of Collier County Commissioners, please keep one original Amendment for the County's records and return the other two original Amendments to, my office. The School District will return one original Amendment to the Developer, record the Amendment and provide a certified recorded copy to all parties. If you have any questions or comments, please call me directly at 377 -0245. Thanks, Thomas G. Eastman COLLIER COUNTY CHARACTER EDUCATION TRAITS Citizenship Cooperation Honesty Kindness Patriotism Perseverance Respect Responsibility Self - Control Tolerance 16K4 AMENDMENT TO TOWN OF AVE MARIA TRI -PARTY DEVELOPER CONTRIBUTION AGREEMENT THIS AMENDMENT TO TRI -PARTY DEVELOPER CONTRIBUTION AGREEMENT entered into this Um day of ,brvavu , 2011, by and between AVE MARIA DEVELOPMENT, LLLP, a Florida Limited Liability Limitecr Partnership ( "Ave Maria" or "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY (the "County "), and THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (the "District'). WITNESSETH WHEREAS, Developer, the County and the District have previously entered into that certain Town of Ave Maria Tri -Party Developer Contribution Agreement, dated October 23, 2007 and recorded in the Official Records of Collier County, Florida: 4090363 OR: 4298 PG: 0419 (the "Agreement'); WHEREAS, in accordance with the terms and conditions of the Agreement, the Developer has contributed and conveyed to the District, by a Special Warranty Deed recorded in the Official Records of Collier County, Florida: 4195690 OR: 4383 PG: 0114, the Dedicated Land to be used by the District as a future elementary and middle school site; WHEREAS, in accordance with the terms and conditions of the Agreement, the County and the District granted and issued to Developer an Impact Fee Credit in exchange for the conveyance of the Dedicated Land; WHEREAS, Section 7 of the Agreement provides that the duration and availability of the Impact Fee Credit shall not exceed a period of five (5) years from the date of the Agreement and is, therefore, set to expire on October 22, 2012; WHEREAS, by Ordinance No. 2010 -22, the County has amended Article II, Section 74 -205, subsection (f)(4) of the County Code of Laws and Ordinances to allow impact fee credits to run with the land in perpetuity until used or assigned; WHEREAS, the Developer now desires that that Section 7 of the Agreement be amended so that the Impact Fee Credit will run with the land in perpetuity until used or assigned; and WHEREAS, the County and the District are also desirous of amending Section 7 of the Agreement so that the Impact Fee Credit will run with the land in perpetuity until used or assigned. 16K4 NOW THEREFORE, in consideration of the covenants and agreements provided within the Agreement and Ten Dollars ($10.00) and other good and valuable consideration (the receipt of which is hereby acknowledged), the Agreement is hereby renewed and amended as follows: Recitals — The above recitals are true and correct and are incorporated herein by reference. Duration and Availability of Impact Fee Credit - Section 7 of the Agreement is deleted in its entirety and replaced with the following sentence: "The duration of, and availability of the Impact Fee Credit established pursuant to this Agreement shall run with the Development in perpetuity until used or assigned." Except as expressly modified in this Amendment, all defined terms and the terms and conditions contained in the Agreement shall remain in full force and effect the Developer, District and County hereby confirm and accept the terms of the Agreement (as modified herein) as of the execution of this Amendment. The terms and conditions of this Amendment shall govern in the event of a conflict between the terms and conditions of the Agreement and this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWI GHT.•E:BFC3Ff Clerk COLLIER COUNTY FLORIDA e y f By. �ItteiutTQlq Fred Coyle, Chairman Appr v�d AM and legal sufficiency: Jei Co THE SCHOOL DISTRICT OF COLLIER COUNTY, FLORIDA By: Julie rague, Cf#ir Attest: ��� Dr. Dennis Thompson, Supeghtendent proved/as.,to form and al suff' ienav: I Fishbane -ict General Counsel AVE MARIA DEVELOPMENT, LLLP a Florida limited liability limit@ artnerslh By: BARRON O ICIER CORPORATION, Ge r artner DOUG AS E. BAIRD By: ice si t E Asonal;C' Printed Name ignature THOMAS L. TREADVkU T , m Printed Name STATE OF FLORIDA COUNTY OF COLLIER 16K4 The foregoing instrument was acknowledged before me this day of C 201, by b �}C,�L —, as its President of Ave Maria Development, LLLP, a Florida limited liablti y limited partnership. He is personally known to me, or he has produced driver's license no. , as identification ��,Y:y•. TIFFANYMATTEAU NOTARY BLIC w COMMISSION N DD 98T116 EXPIRES: August 31, 2014 .m .�z SEAL Tiffany Matteau Printed Name My Commission Expires: