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Backup Documents 02/13/2018 Item #16D14 jo Ret , 3Iu4IS ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU 1 1i Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the Co r f 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 I it' is Date 1. Susan Golden Community and Human 3/8/18 Services 2. Jennifer Belpedio County Attorney Office 3 i l S `g 3. BCC Office Board of County q.S 1 Commissioners JWis 1 3-15"i D 4. Minutes and Records Clerk of Court's Office 3 -it -Ig Arti 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 Susan Golden/CHS Phone Number 252-2336 Contact/ Department Agenda Date Item was 2/13/2018 Agenda Item Number 16.D.14 Approved by the BCC Type of Document Termination of Agreement Authorizing Number of Original Attached AHDB,Covenants&Restrictions- Documents Attached 1 Whistler's Cove PO number or account document is k i i ���i• � i 0 s�,n number if is1 1 ( �J to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. vial) Applicable) 1. Does the document require the chairman's original signature? S d _� ��`. 2. Does the document need to be sent to another agency for additional signatures? If yes, NA 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 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 NA 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 SG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's1314 signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA 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 02/13/2018 and all changes made during the SG meeting have been incorporated in the attached document. The County Attorney's $ + Office has reviewed the changes,if applicable. 9. Initialwf attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the cc` Chairman's signature. " ;-u-v‘ ` civ‘ eC '�- -tom. 13 CC- Q a-A.oko c I c I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revi 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 0 1 4 INSTR 5526273 OR 5488 PG 1573 RECORDED 3/20/2018 8:36 AM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $44.00 When recorded return to: Attention: Ms.Penny Taylor,Chairman Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples,Florida 34112 TERMINATION OF AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY This TERMINATION OF AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENA S AND RESTRICTIONS ON REAL PROPERTY (this "Termination") is entered into as of the I day of , 2018 (the "Effective Date"), by and between AFFORDABLE/WHISTLER'S COVE, LTD., a Florida limited partnership (the "Owner"), and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida(the"Board"). RECITALS A. The Owner is the owner of that certain multi-family affordable housing development known as the Whistler's Cove Apartments (the "Improvements"), which is located on the land legally described in Exhibit "A" attached to and made a part of this Termination (the "Land"). The Owner holds fee title to the Land and the Improvements. The Land and the Improvements constructed thereon are collectively referred to in this Termination as the"Project". B. The Board and G&G Development Corporation(a developer of the Project)previously.entered into that certain Agreement Authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property which is not dated (the "Covenant Agreement") and recorded in the Official Public Records of the Collier County,Florida on January 10, 1997, which Covenant Agreement encumbers the Land and the Improvements. C. The Covenant Agreement has terminated by its terms, but it requires a written agreement of termination by the Board. Page 1 of 5 16fl1 24 AGREEMENT NOW,THEREFORE,for and in consideration of the foregoing Recitals and other good and valuable consideration,the receipt of which is hereby acknowledged,the parties agree as follows: 1. Termination. Effective as of the Effective Date, the Covenant Agreement is terminated and of no further force and effect. 2. Counterparts. This Termination may be executed in multiple counterparts,each of which when so executed and delivered shall be an original,but all of which together shall constitute one and the same instrument. [SIGNATURES APPEAR ON THE SUBSEQUENT PAGES] Page 2 of 5 1 6 014 [SIGNATURE PAGE TO THE TERMINATION OF AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY] IN WITNESS WHEREOF, the Owner and the Board have hereunto set their hands and seals as of the Effective Date. OWNER: AFFORDABLE/WHISTLER'S COVE,LTD.,a Florida limited partnership By: Bull Dolphin Whistler's Cove,LLC,a Florida limited liability company,its general p ner By: Name: _ OU s /Pr Title: S( d4 STATE OF FLORIDA ) )ss ,L COUNTY ) / On this the J day of February, 2018, before me, as a notary public, personally appeared t, VO I , known to me or satisfactorily proven to be the person whose name is subscribed to this ins a .ment and acknowledged that he/she executed the same. If this person's name is subscribed in a representative capacity, it is for the principal named and in the capacity indicated. Notary Expiration Date Si: • of the Notary Public for Owner [STAMP/SEAL] TANYA OLIVO _;h; Notary Public-State of Florida .; Commission#GG 152539 Ai My Comm. pires Dec 12, Bcrdadt rougi M tiCra NotaryAssnt• Page 3 of 5 1 6 D14 [SIGNATURE PAGE TO THE TERMINATION OF AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY] IN WITNESS WHEREOF,the Owner and the Board have hereunto set their hands and seals as of the Effective Date. BOARD: COLLIER COUNTY BOARD OF COUNTY COMMISSIONE ,a political subdi ' • of the State of Florid ATTEST: DWIGHT E.BROCK,CLERK By: Name: Andy Sok �� • Title: Chairman ttes o ai a signature only. STATE OF FLORIDA L' • , ss COLLIER COUNTY ) -4?- - V—A9Y 6-5 On this the day of ,20 ,before me,as a notary public,personally 3 appeared , kno to me or satisfactorily proven to be the person whose name is subscribed to this instrument and .cknowledged that he/she executed the same. If this person's name is subscribed in a representative '.pacity,it is for the principal named and in the capacity indicated. Notary Expiratiosate Signature of the Notary Public for Board [STAMP/ `AL] Page 4 of 5 1 601 4 EXHIBIT A Legal Description of the Land All that part of Section 32,Township 50 South, Range 26 East, lying North and East of the Tamiami Trail (U.S. Highway 41), Collier County,Florida, LESS AND EXCEPT a parcel described as follows: Beginning at the intersection of the North line of said Section 32 with the Northeasterly right-of-way line of the Tamiami Trail (U.S. Highway 41), run North 89 degrees, 57 minutes,30 seconds East, 188.80 feet along the said North line of Section 32;thence South 58 degrees, 18 minutes,30 seconds West 147.09 feet to the said right-of-way line;thence North 39 degrees, 31 minutes,30 seconds West 100.00 feet along said right-of-way line to the point of beginning. Page 5 of 5