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Backup Documents 05/25/2010 Item #16A 6ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO tu THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hind delivered to the Board Office. The completed routing slip an16"A b documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines 41 through 44 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 41 through 44, complete the checklist, and forward to Ian Mitchell (line H5). Route to Addressee(s) List in routing order) Office Initials Date I appropriate. (Initial) Applic able) Agenda Date Item was 05 -25 -10 2. 16 a 6 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. Type of Document Termination Agreement Number of Original 1 4. resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached 5. Ian Mitchell, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office 2. 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/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, need 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 Nick Casalanguida Phone Number 252 -6064 Contact appropriate. (Initial) Applic able) Agenda Date Item was 05 -25 -10 Agenda Item Number 16 a 6 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Termination Agreement Number of Original 1 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 W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. 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. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from 8 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 r R 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 document or the fmal negotiated contract date whichever is applicable. Lb 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 1,,6 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain (.VD time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 05 -25 -10 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16A6 TERMINATION OF DEVELOPER CONTRIBUTION AGREEMENT This Termination of Developer Contribution Agreement is made this _I: day of 'i�," L , 2010, by and between Long Bay Partners, LLC, a Florida limited liability company, whose address is 9990 Coconut Road, Suite 200, Bonita Springs, Florida 34135 -8488 ( "LBP ") and Collier County, Florida, a political subdivision of the State of Florida, whose address is 3301 East Tamiami Trail, Naples, Florida 34112 ( "County "). WHEREAS, LBP and County entered into that certain Developer Contribution Agreement dated February 17, 1998, and recorded in Official Records Book 2400, Page 0020, as amended by (i) Amended and Restated Developer Contribution Agreement dated November, 1998 and recorded in Official Records Book 2494, Page 1704; (ii) First Amendment to the Amended and Restated Developer Contribution Agreement dated November 23, 1999, and recorded in Official Records Book 2690, Page 1969; (iii) Developer Contribution Agreement and Second Amendment to the Amended and Restated Developer Contribution Agreement dated August 1, 2000, and recorded in Official Records Book 2708, Page 1484, all of the public records of Collier County, Florida; and (iv) Third Amendment to the Amended and Restated Developer Contribution Agreement, dated December 17, 2002 (collectively the "DCA "); and WHEREAS, LBP has satisfied all of its obligations under the DCA and has requested the DCA be terminated of record and County has agreed. Now therefore, for the mutual covenants contained herein and in the DCA, LBP and County agree that the DCA is hereby terminated and the parties shall have no further rights or obligations thereunder, except that all impact fee credits arising out of the DCA shall remain in full force and effect and shall survive the termination of the DCA. LONG BAY PARTNERS, LLC, a Florida limited liability company INSTR 4436268 OR 4572 PG 5 By: Bonita Bay Properties, Inc., a Florida RECORDED 6/1/2010 3:55 PM PAGES 2 Corporation, its managing member DWIGHT E. BROCK _ COLLIER COUNTY CLERK OF THE CIRCUIT COURT By. ( _ REC $18 50 G-aWl5umas, Vice President STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this z�%A day of 1%� • r ,` % 2010, by Gary Dumas, as Vice President for Bonita Bay Properties, Inc., a Florida corporation, as manager of Long Ba Partners LLC a Florida limited liability company, on behalf of such entity. Such person is ersonally known to me r has produced as identification and did did no to ce an oats NOTARY PUBLIC (STAMP OR SEAL) '= KMEN S txtnEeR�No My COMMISSION A 0082/591 3 EXPIRES: OCM*r 14, 2012 ...... �ltY,,, Bordcdthru Ndryrybk UgMMIYn ATTEST:. DWI T E.,1 3R uty Cl�r'k.' �itrsc sx. �e Clerk ata I irim % Approved as to form and legal sufficiency: Jennifer'&.'White, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chainnan 2 16 A 6'"