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Backup Documents 02/09/2016 Item #16D3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 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 through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Michelle Rubbo CHS m R aoi IUb 2. Jennifer A. Belpedio, ACA County Attorney Office iCIA 2IC I' 3. BCC Office Board of County -12 Commissioners %/ 49\\h 4. Minutes and Records Clerk of Court's Office Il-tCl^�' 41111 36476111 z. �1i T PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Phone Number Contact/ Department Lisa Oien 252-6141 Pleas call for pick up Agenda Date Item was 2/9/2016 / Agenda Item Number Approved by the BCC I6rH5"— 16 a 3 Type of Document One agreement in triplicate Number of Original 3 Agreements Attached (Assignment,Assumption and Amendment) Documents Attached PO number or account number if document is to be recorded (;,; t INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? Skviraw 21 K, y LO-N/A 2. Does the document need to be sent to another agency for additional signature ? If yes, 7 no provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be yes signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the Needs to document or the final negotiated contract date whichever is applicable. be entered& in 1st paragraph as well 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's yes signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. 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! 8. The document was approved by the BCC on 2/9/2016 and all changes made yes during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. � r 9. Initials of attorney verifying that the attached document is the version approved by the BCC all changes directed bythe BCC have been made,and the document is readyfor the Chairman's signature. l:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1603 MEMORANDUM Date: February 10, 2016 To: Lisa Oien, Grants Coordinator Community & Human Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Assignment, Assumption and an Amendment of Subrecipient Agreement transferring responsibilities for 3 NSP properties from the Foundation for the Developmentally Disabled, Inc. to CASL, Inc. d/b/a/Renaissance Manor Attached for you are duplicate original copies of the document referenced above, (Item #16D3) approved by the Board of County Commissioners on February 9, 2016. The third original agreement will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions please call me at 252-8406. Thank you Attachments (2) 1603 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, April 05, 2016 4:34 PM To: Oien, Lisa Subject: FDD Assignment, Assumption and Subrecipient Agreement Amendment (2-9-16 Item # 16D3) Attachments: Item #16D3.pdf Hi Lisa, A copy of the agreevvtevtt you warted recorded frovvt the Board's February 9th Meetivtg (Itevvt #1603) is attached for you. The last page is a receipt For the recordivtg charges. Have a great Plight APIA Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustwtevtt Board Collier Couvtty board Mivtutes & Records Dept. 239-252-8406 Fax 239-252-8408 1 INSTR 5245830 OR 5256 PG 1543 RECORDED 3/30/2016 4:05 PM PAGES 5 16 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $44.00 ASSIGNMENT,ASSUMPTION,AND AMENDMENT OF SUBRECIPIENT AGREEMENT THIS ASSIGNMENT, ASSUMPTION, AND AMENDMENT OF SUBRECIPIENT AGREEMENT (this "Assignment") is made as of the 1' Day of Ftbk4 f 2016, by and between Foundation for the Developmentally Disabled, Inc. (FDD), a private not-for- fit corporation ("Assignor"), and Community . Assisted and Supported Living, Inc. d/b/a Renaissance Manor(CASL), a private not-for-profit corporation ("Assignee") and acknowledged and agreed to by Collier County, a political subdivision of the State of Florida ("Grantor"). RECITALS A. Assignor is the Subrecipient under the Neighborhood Stabilization Program, CFDA No. 14.218 Subrecipient Agreement, dated July 24, 2012 (the "Subrecipient Agreement") between Collier County,as Grantor,and FDD, as Grantee,a copy of which is attached hereto as Exhibit"A". B. Concurrently with this Assignment, Assignor is transferring to Assignee and Assignee is receiving from Assignor that real property and related improvements,fixtures,and personal property commonly known as: 1. 1924 46th Terrace, S.W. Naples, Florida 34116; Lot 25, Block 23, Golden Gate Unit 2, according to the Plat thereof as recorded in Plat Book 5, Pages 65 to 77, inclusive,of the Public Records of Collier County, Florida. Folio No.35747680004 2. 5283 24th Avenue SW, Naples, Florida 34116, The West 26.66 feet of Lot 20 and All of Lot 21, Block 192, Golden Gate, Unit 6, according to the Plat thereof recorded in Plat Book 5, Pages 124 through 134, inclusive of the Public Records of Collier County, Florida. Folio No. 36309320002 3. 5271 24th Avenue SW, Naples, Florida 34116; The West 53.34 of Lot 19, and the East 53.32 Feet of Lot 20, Block 192, Golden Gate, Unit 6, according to the plat thereof, of record in Plat Book 5, Pages 124 through 134, of Public Records of Collier County, Florida. Folio No.36309240001 (Three properties collectively referred to as the"NSP Properties") C. In connection with the transfer of the NSP Properties, Assignor desires to assign and transfer to Assignee, and Assignee desires to assume, all of Assignor's right, title, interest, duties and Assignment,Assumption and Amendment NSP- FDD/CASL Page 1 of 5 1603 obligations under the Subrecipient Agreement (to the extent such rights, duties and obligations first arise or accrue on or after the date hereof). D. Whereas the Subrecipient Agreement is amended to clarify required affordable rent limits. TERMS A. Recitals. The foregoing Recitals are true and correct and are hereby incorporated by reference and made a part of the Assignment,Assumption and Amendment of Subrecipient Agreement. B. Assignment. Assignor hereby assigns to Assignee all of the Assignor's right,title, interest, duties and obligations under the Subrecipient Agreement. C. Assumption. From and after the date hereof, Assignee hereby assumes all of Assignor's right, title, interest, duties and obligations under the Subrecipient Agreement, and agrees that Assignee shall perform and observe all of the terms, covenants, and conditions of the Subrecipient Agreement to be performed by the Grantor thereunder, all with full force and effect as if Assignee was the original Grantee under the Subrecipient Agreement. D. Consent of Grantor. Grantor hereby consents to this Assignment, Assumption and Amendment of Subrecipient Agreement, provided that this consent shall not constitute a waiver of the obligation of the Grantee (i.e. Assignee) under the Subrecipient Agreement to obtain the Grantee's consent to a subsequent assignment, sub-agreement or other transfer under the Subrecipient Agreement which requires Grantor's consent pursuant to the terms of the Subrecipient Agreement. As of the date hereof, Grantor, Assignor and Assignee each certifies to the other that it is not aware of any existing defaults under the Subrecipient Agreement. As of the date hereof, Grantor, Assignor, and Assignee each certifies to the other that it is not aware of any existing debt, liens, or other encumbrances against the NSP Properties other than the deed restriction, covenant,or lien stipulated by FDD Agreement#NSP-001 (Exhibit A). E. Execution. This Assignment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. F. Miscellaneous. This Assignment shall be binding upon and inure to the benefit of the parties hereto,their heirs, executors, administrators,successors and assigns. G. Governing Law. This Assignment shall be construed and enforced in accordance with the laws of the State of Florida. Assignment,Assumption and Amendment NSP- FDD/CASL Page 2 of 5 0 160.3 AMENDMENT Section IX"SPECIAL CONDITIONS"of the Subrecipient Agreement is hereby amended to read as follows: "IX. SPECIAL CONDITIONS A. Allowed Amounts of Rents for NSP Rental Units All NSP Properties must be rented to Eligible Persons with incomes less than or equal to 50% to 120% of the Area Median Income. The Subrecipient shall make every effort to rent at Ic■ st 25% of the property to persons at or below 50% of the Area Median Income. - - - - -- - -- -- - - - - . - - _ _ . -• - • . . - _ .. • • . . • • - .0 • ., • .1-Reeffle, The Subrecipient will select the Eligible Person that will lease the NSP Units using its written criteria provided it is consistent with the NSP regulations. The goal for all NSP rental properties will be as follows : 1. Up to 25% 100% of all NSP Units will be leased to persons with incomes at or below 50%of the Area Median Income. i. The maximum monthly rent for units leased to persons with incomes below 50%of the Area Median Income will be the-higher of: (a) The Fair Market Rent as published by the United States Department of Housing and Urban Development -- _ • - • •••• -- - Authority. Assignment,Assumption and Amendment NSP- FDD/CASL Page 3 of 5 0 1603•.• •1• .- .i _ _ c. •. „.. . . „. . . . . . •: . Ho sing-Autherity. • -- A Excepting the amendment of the Section IX "SPECIAL CONDITIONS" set forth herein, all terms and conditions of the Subrecipient Agreement remain in full force and effect. This ASSIGNMENT, ASSUMPTION, AND AMENDMENT OF SUBRECIPIENT AGREEMENT merges any prior written and oral understanding and agreements, if any, between the parties with respect to matter set forth herein. Reminder of page intentionally left blank. Signatures appear on following page. Assignment,Assumption and Amendment NSP- FDD/CASL Page 4 of 5 1603 IN WITNESS WHEREOF, the parties have executed this ASSIGNMENT, ASSUMPTION, AND AMENDMENT OF SUBRECIPIENT AGREEMENT as of the date set forth above. WITNESS: ASSIGNOR: FOUNDATION FOR THE DEVELOPMENTALLY DISABLED, INC. BY: / BY:4 1 �'�" Edward Smith 2. BOARD PRESIDENT WITNESS: ASSIGNEE: COMMUNITY ASSISTED AND SUPPORTED LIVING, INC. d/b/a/ RENAISSANCE MANOR BY: P BY 1. ;. , J.h‘ +tt E /er (i ,2A; i 2. .„ ,,, CEO/PRESIDENT ACKNOWLEDGED AND AGREED TO BY: ATTEST: GRANTOR: BOARD OF COUNTY DWIGHT E. BROCK,CLERK CO ISSIONERS COLLIER COUNTY, FL• pA BY: OjLL • 4 'J'C. BY: 1.6,__ Attest as'N ha 'anus, Deputy Clerk signature only. Chairman Donna Fiala, District 1 Commissioner Approved as to form and legality: Jennife . Belpedio1(`�tY Assistant County Attorney 9 Assignment,Assumption and Amendment NSP- FDD/CASL Page 5 of 5 �O