Backup Documents 12/14/2010 Item #16D 4ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
MI.
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
print on pink paper. Anach to original document Original documents should be hand delivered to the Board Office. The completed routing slip t6o 4
documents are to be torwarded to the Board Office only after the Board has taken action on the tern
ROUTING SLIP
Complete routing lines kl through N4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's si natwe, draw a line throng routing lines S I through k4 complete the checklist and forward to Sue Filson line H5
Route to Addressee(s)
List in routing order)_
Office
Initials
Date
1.Frank Ramsey
Mousing and Human Services
(Initial)
12/15/2010
2. Steve Williams
CAO
I
16D4
3. Chairman Fred W. Coyle
Board of County Commissioners
ners
4.
Agreement
Number of Original
1
5. Ian Mitchell, Executive Manager
Board of County Commissioners
Documents Attached
1I
t0
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 /prepared the executive
summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's siuiauue are to he delivered to the BCC oltice only after the BCC has acted to approve the
item)
Name of Primary Staff
Frank Ramsey, Housing Manager
Phone Number
252 -2336
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
12/14/20t0
Agenda Item Number
16D4
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
"Type of Document
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 Formsi Original Documents Routing Slip W W S Original 9.03.04, Revised 1 20 .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)
Applicable)
1.
Original document has been signed /initialed for legal sufficiency. (Ail 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
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
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 final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
_
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the HCC 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 12/14/2010 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 Formsi Original Documents Routing Slip W W S Original 9.03.04, Revised 1 20 .05_ Revised 2 24 .05
16D4
Prepared by and return to:
INSTR 4510320 OR 4637 PG 1286
Frank Ramsey RECORDED 12/28/2010 4.37 PM PAGES 4
Housing, Human & Veteran Services DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
3339 Tamiami Trail E., Suite 211 COLLIER COUNTY FLORIDA
REC $35.50
Naples, FL 34112 -5361 OBLD $0.00 OBLI $0.00
MORTGAGE AND NOTE MODIFICATION AGREEMENT
THIS IS a Mortgage and Note Modification Agreement, made effective as of the 14`h day of
December, 2010, by and between Creative Choice Homes XIV, Ltd., hereinafter called
"Borrower" and Collier County, hereinafter called "Lender."
WITNESSETH:
In consideration of the mutual covenants contained herein, the Borrower and the Lender agree
that:
1. Promissory Note and Mortgage. Borrower has given to Lender, a promissory note
and mortgage dated November 1, 2003, filed June 15, 2004, and recorded in O.R. Book 3587,
Page 0412, in the Public Records of Collier County, Florida, collectively referred to hereinafter
as the "Loan Documents" encumbering the following described real property (the "Property "):
8587 Harot Drive, Naples, Florida 34104, as more particularly described in Attachment "A"
(Legal Description).
Borrower warrants that it is the present owner in fee simple of the Property. Lender warrants
that it is the present owner and holder of said note and mortgage and that no judgment liens have
been recorded on the Property subsequent to the Mortgage being recorded. Both parties warrant
they have good right and authority to enter into the Mortgage and Note Modification Agreement.
2. Status of Payments. Presently no payments are required under the Loan Documents
and the mortgage and promissory note are not in default.
3. Modification. In consideration of the mutual covenants herein and other good and
valuable considerations, the parties agree that said promissory note and mortgage are modified as
follows:
(a) The principal balance of the promissory note is now $200,000.00, which shall be
at the rate of zero percent per annum.
(b) The debt evidenced by the Borrower's note and mortgage shall be due and
payable on November 1, 2018.
4. Other Terms. Notwithstanding anything to the contrary herein or in the Renewal
Note or Mortgage, the lien and operation of the Mortgage shall continue in full force and effect
Documentary Stamp Tax and Intangible Tax were paid on the original Mortgage in the amount
of $200,000.00, recorded in Official Records Book, 3587, Page 0412, Public Records of Collier
County, Florida. This Mortgage and Note modification does not increase the amount of the
mortgage.
16D4
except as modified by this Agreement. All other terms of said Loan Documents remain
unchanged.
5. Compliance. The Borrower covenants and agrees to perform, comply with, and
abide by each and every one of the provisions of the Loan Documents, as modified hereby.
6. Agreement Binding. This Agreement shall be binding upon and inure to the benefit
of the heirs, legal representatives, and assigns of the Borrower and to the successors and assigns
of the Lender.
7. The Borrower and Lender agree that this Agreement shall not constitute a novation of
the Mortgage and Note and shall in no way adversely affect the lien priority of the Note and
Mortgage nor shall be constructed to be a release in whole or in part of the Note and Mortgage,
and that except as specifically modified herein, the Mortgage and note shall remain unchanged
and will continue in full force and effect.
In Witness Whereof, the parties have caused this Agreement to be executed as of the date first
above written.
DATED this 14`" day of December, 2010.
Signed, sealed, and delivered
in the presence of.'
Homes XIV, Ltd.
Yash Pa-1AAVkar, Presitjeat -- General Partner
Witness
STATE OF FLORIDA
COUNTY OF COLLIER
v"
THE FOREGOING instrument was acknowle4ged before me this °S day
of r�Od c�44r•- , 2010, by k;W&14r4"4—Who is L-- 15ersonally known to me or who has
produced as identification. - -�
(SEAL)
Ro4ff, PtWNe • SUN of florlAa
Co""' Explrn Aug S, 2013
Commieelon N 00 914314
�80-Mee Through National Nolary Men.
Public
Documentary Stamp Tax and Intangible 'fax were paid on the original Mortgage in the amount
of $200,000.00, recorded in Official Records Book, 3587, Page 0412, Public Records of Collier
County, Florida. This Mortgage and Note modification does not increase the amount of the
mortgage.
Lender:
Collier County
HTE pkoC K, Clerk
Approved as to form
and legal sufficiency:
r
Steven Williams
Assistant County Attorney
10 -IMP- 00085/2
1604
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By: 17 .t4 -zolo
Clerk FRED W. COYLE, CHAIRMAN
Recommend Approval:
r
n
Marcy Krumbine; MPA
Director
Housing, Human & Veteran Services
Documentary Stamp Tax and Intangible "fax were paid on the original Mortgage in the amount
of $200,000.00, recorded in Official Records Book, 3587, Page 0412, Public Records of Collier
County, Florida. This Mortgage and Note modification does not increase the amount of the
mortgage.
* ** OR: 3111 PG: 1441
ATTACHMENT "A" - LEGAL DESCRIPTION S
LEGAL DESCRIPTION 6
SECTION 34, TOWNSHIPn49 SOUTH, RANGE 26 EAST,
COWER COUNTY FLORIDA.
(PROPOSED SADDLEBROOK PHASE TWO)
A TRACT OR PARCEL OF {AND SITUATED IN THE STATE OF FLORIOA COUNTY OF COLLIER, LYING IN SECTION 34,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AS PROVIDED BY OWNER.
THE WEST 1/2 OF THE SOUTHEAST 1/2 OF SECTION 34, TOWNSHIP 49 SOUTH, RANCE 26 EAST, OF COWER
COUIITY, FLORTDI LESS THE SOUTH 50' FOR DAVIS BOULVARD (STATE ROAD 94) 100.00 FOOT RIGHT- OF -wAY
AND THE EAST 725 FEET OF THE SAID WEST I/2 AND LESS AND EXCEPT E INTERSTATE 75 (1 -75) (STATE
ROAD N0. 93) RIGHT -OF -WAY REFERENCE STATE OF FLORIDA
03175 -2409 SHEET 6 OF 10: DEPARTMENT OF TRANSPORTATION SECTION
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SEI /4) OF SAID SECTION 34;
THENCE ALONG THE WEST LINE OF THE SOUTHEAST OUARTER OF SNO SECTION 34, N.0724'26'E., FOR 50.00
FEET TOE NORM RIGHT OF WAY OF DAVIS BOULEVARD ALSO BEING THE SOUTHEAST CORNER OF PALM
C MORIDAL AND E PO OFFO EBEGINNING; BOOK 6. PAGE 21 -23 OF THE OFTICAL RECORDS OF COLLIER
HENCE CONTINUE ALONG THE WEST UNE OF SAO SOUTHEAST
FEET TO THE NOATHWEST.CORNER OF E SOUTHEAST DUARTE
E SOUTHERLY RIGHT Of WAY LINE 0 Iil7ERSTA %ZS (1 -7Sj
DEPARTMENT Of TRARSPORTATION WP Dk'> (jDy. 7K
THENCE ALONG SAID RIGHT W Y✓`S. f-l!t .E„_
THENCE ALONG SAID RIGHT OF( S."E9'12'b'E., FOR I.yY[/,1,�p�q'aa'
THENCE LEAVING SAID R1GNt'D Y, S.0021'36'W., FOR Y�79�
THENCE N.0P35'34'w., FOR I ..74 FEET;
THENCE N.44']S']4'W.. FOR P4.(0'TEFI^,..._.___._._,
THENCE SAS'24'2K NFOR;113.Z T .� CORy
THENCE SOUIHWESIE Y T _I8C T
A RADIO! OF 73.00 ET
WHICH GEARS 5.77! 2f F 4 ow t r 1
THENCE S.0?24'54 f
THENCE S. 14-33'54 i
THENCE S.00'49'S3'W., (dt1$0.92 FEET TO THE RI
THENCE ALONG E M RIGHT Of WAY, 2 W.
V, _RR
CONTAINING 994,964 SDWLR�EEE7 OR 2032 ACRES, NORD�012(
FEET:
FEET:
L/7 FEET;
(SE1 /4), N.0024'267E. FOR 2,574.54
OF SAID SECTOHN 34, ALSO BEING
AD 93) PER E STATE OF FLORIDA,
6 OF 10;
CIRCULAR CURVE TO THE LEFT MANG
BEING SUBTENDED BY A CHORD
' OF DAVIS BOULEVARD;
94.33 FEET TO THE PgNI 01 YEGINNNNG.
BEARINGS ARE BASED ON THE WEST LINE OF E SOUTHEAST QUARTER (SE1 14) OF SECTION 34, TOWNSHIP 49
SOUTH, RANGE 76 EAST, COLLIER COUNTY, FLORIDA AS SUM N.0024'26'E.
RWA SURVEYING, INC.
LAND 6070 NM1TU N NpgS � MAPPERS
NAPLES, FLORIDA 34104 DINE SUITE 270
(941) 540 -1709
FLOMOA CERTIFICA OF 16952
DATE-Q2/l=
IN�
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Sow NISI =DMW am tl5
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-zo THOMAS ECKERTY
TITLE
LLUAL DESCRIPTION
01 -0191 JI z. 1