Backup Documents 04/14/2009 Item #16K 4
ORlGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to uriginal document. Original documents should be halld delivered 10 the Board Office. The completed routing slip and original
documents arc to be fOlwarded to the Board Ofncc only after the Hoard has taken action on the item.)
16K4
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infommlion needed. If the document is already complete with the
excention of the Chairman's si ,'nature, draw a line through routinv tines #] thrOllR'h #4, conmlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee( s) Office Initials Date
(List in routing order)
1.
2.
3.
4. JeffKlatzkow, County Attorney County Attorney JAK 4-17-09
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pcnding Bee approval. Normally the primllry contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees ahove, including Sue Filson, need to contact statffor additional or missing
information. All original documents needing the BCe Chairman's signilture are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff JeffKlatzkow, County Attorney Phone Number 252-8400
Contact '.
Agenda Date Item was 4-14-09 Agenda Item Number 16-K-4
Aooroved bv the BCC
Type of Document Settlement Agreement Number of Original One each
Attached Release and Satisfaction Documents Attached
Release of Lis Pendens
Conveyance and Assignment of Contract
Rights
INSTRUCTIONS & CHECKLIST
Initial the Yes colunm or mark "N/A" in the Not Applicable colunm, whichever is
a ro riate.
1. Original document has been signed/initialed for legal sufficiency. (All documents 10 be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This tncludes signature pages from ordinances,
resolutions, etc. signed by Ihe County Attorney's Office and siguature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties excepl the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the dale ofBCC approval of the JAK
document or the fina.' negotiated contract date whichever is a plicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the Bce office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on 4-14-09 and all changes made during the JAK
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
N/A(Not
A licable)
JAK
JAK
I: Forms/ County Forms/ BCC Fl.'I"msl Original Dllcuments Routing Slip WWS Original 9.03.04. Revised 1.2(l.OS. Revised 2.24.05
04-COA-OI19011171
MEMORANDUM
Date:
April 28, 2009
To:
JeffKlatzkow, County Attorney
County Attorney's Office
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Settlement Agreement: BCC v, CEI/Kensington, et at.
Release and Satisfaction, Release of Lis Pendens and
a Conveyance of Contract Rights with and to
Lehman Housing Tax Credit Fund VII, L.P.
Enclosed please find one (I) copy of the recorded settlement agreement
referenced above (Agenda Item #16K4) approved by the Board of County
Commissioners on Tuesday, April 14, 2009.
The original will be kept as part of the Board's permanent record in the
Minutes and Records Department.
If you have any questions, please feel free to call me at 252-8406.
Thank you.
Enclosure (l)
16K4
16K4
OFFICE OF THE COUNTY A TrORNE):'
MEMORANDUM
TO: Trish Morgan, Manager, Minutes and Records
FROM: Jeffrey A. Klatzkow, County Attorney
DATE: April 17, 2009
RE: LEHMAN HOUSING TAX CREDIT FUND VII, loP.,
Board of County Commissioners v. CEI/Kensington, et al. 08-07625-CA
Approved by BCC - 4-14-09 - Agenda Item 16K4
With regard to the above-referenced agenda item, attached are the following original
documents ready for attesting, recording and filing by the Clerk:
1. Settlement Agreement
2. Release and Satisfaction
3. Release of Lis Pendens
4. Conveyance and Assignment of Contract Rights
Additionally, we will need certified copies of these documents after recording. Please
charge the recording fees and cost of the certified copies to the following account:
131-138902 - 649030
You may contact my assistant Dinny Neet (Virginianeet@colliergov.net) when the certified
copies are ready for pick up. Dinny can be reached at 252-8066 if there are any questions.
Thank you for your assistance.
cc: Paula Fleishman, Impact Fee Coordinator
Retn
CLBRK TO THB BOARD
INTBROFFICE 4TH FLOOR
EIT 7240
4285386 OR: 4445 PG: 1417
RECORDBD in the OFFICIAL RECORDS of COLLIER COUNTY, Fl
04/20/2009 at 11:35AN DWIGHT E. BROCK. CLBRK
REC m
COPIES
MISC
Al!reement
Between:
Board of County Commissioners of Collier County, Florida, a political subdivision of the State
of Florida ("Collier County").
Lehman Housing Tax Credit Fund VII L.P. (the "Fund").
It is agreed as I(lllows:
I. Capitalized terms are defined in Exhibit A.
2. At a Closing on or before April 14,2009, the Fund will pay Collier County in cash an amount
equal to $835,124.04 plus an additional $5,000 towards attorneys' fees and costs.
3. Effective at the Closing, Collicr County will sign and deliver to the Fund legal documents
sufficient to:
a) release all liens against the Property arising under the Impact Fee Agreement;
b) discontinue the Impact Fee Action with prcjudice;
c) convey to the Fund such rights of Collier County under the Impact Fee Agreement as
Collier County may lawfully convey.
4. Collier County makcs no rcprcscntations or warranties with respect to thc rights conveyed or
whether the rights conveyed will be of value 10 the Fund. Ilowever Collier County confirms that
elTective upon receipt of the amount in Seclion 2, Collier County will have no further claims
against CEI/Kensington under the Impacl Fcc Agreement or the Impact Fee Action.
5. The Fund recognizes that the lerms of this Agreement arc nol confidential.
6. Each Party makcs the rcprcscntations and warranties on Exhibit B.
7. The terms contained in this Agreement are binding upon the parties. This Agreement shall be
governed by thc law ofthc statc of Florida withoul reference to the principles thereof respecting
[The Next Page is thc Signature Page]
~04455()82
52.50
6.00
2.00
;~-.
A'
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l6K4
conflicts of law. This Agreement constitutes the entire understanding of the parties. Any
amendment to this Agreement must be in writing.
OR: 4445 PG: 1418
16K~
Lehman Housing Tax Credit Fund VII L.P.
By:
LHCI GP VII Inc., General Partner
GjPtd D P""ot,,"'P
Authoflzed S'gn.Hul Y
;~~.'~~
By;
Accepted:
Board OfC.O~.' ommiSSioners. r/ C ow.e. r c.ounty. Florida
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, s to form & legal sufficiency
80.1A55082
OR: 4445 PG: 1419
Exhibit A
Defined Terms
"Agreement" means this agreement between Collier County and the Fund.
"CEI/Kensington" means CEl/Kensington, Ltd., a Florida limited partnership.
"Closing" means the date ofthe payment of the amounts described in Section 2 and the
delivery ofthe documents described in Section 3.
"Collier County" means the Board of County Commissioners of Collier County,
Florida, a political subdivision ofthe State of Florida.
"Fund" means Lehman Housing Tax Credit Fund VII L.P., a Delaware limited partnership.
"Governmental Authority" means any agency, authority, body, board, commission. court,
instrumentality, legislature, otlicer or representative of any nature whatsoever of any federal,
state, county, district, municipal, city, or other governmental or quasi-governmental unit or
political subdivision, and private arbitration panels or dispute resolution bodies having
jurisdiction over or affecting a matter involving a party.
"Impact Fcc Action" means the legal action entitled Board of Count v Commissioners of
Collier Countv v. CEI/Kensington, et aI., No.: 08-7625-CA.
"Impact Fee Agreement" means the agreement executed on December 16, 1997 between
Collier County, CEI/Kensington and Colonial Equities, Inc.. which is the subject of the
Impacl Fee Action
"Law" means any statute, law, rule, regulation ordinance, command or provision enacted by
a legislature.
"Order" means any judgment, decree, order, writ. permit, license, ruling or command made
by a compelent administrative authority.
"Property" means the property referenced in the Impact Fee Agreement and the Impact Fee
Action, which is owned by CEI Kensington.
804455011,2
16K4
OR: 4445 PG: 1420
16K4
EXHIBIT B
Representations and Warranties of Parties
Capitalized terms appearing he/ow shall have the meanings ascrihed 10 them in Exhihil A
10 the Agreement.
The Fund represents and warrants to Collier County:
I. Organization. The Fund is a limited partnership duly organized, validly existing
and in good standing under the laws of its state of formation, with the full corporate power and
authority to own and operate its properties and to conduct its business, all as and in the places
where such properties are now owned or operated or such business is now being conducted. The
Fund is duly qualified, licensed or admilted to do business under the laws of the state of its
formation.
2. Powers, Absence of Conflicts, Non-Contravention. The Fund has the requisite
corporate power and authority to enter into the Agreement and to perform its obligations
thereunder. The execution, dclivcry and performance by the Fund of the Agreement, Ihe
performance by the Fund of its obligations thereunder, and the consummation of the transactions
contemplaled Iherein (a) are not in contravention of the terms of its certificate of limited
partnership, bylaws or other governing documents, as amended to date, (b) will not result in the
violation by the Fund of any Law, or Order, of any Governmental Authority applicable to the
Fund or any of its assets or properties, and (c) do not conflict with or result in any breach or
contravention (whether with the giving of notice, the passage oftime, or both) of the terms of (i)
any indebtedness or other obligation for money borrowed or owed, or (ii) any contract,
commitment or other arrangement (or series ofrelaled or similar contracts. commitments or other
arrangemenls taken as a whole) that is material to its operation.
3. Authorization. The execution and delivery of the Agreement and the transaction
documents, has been duly and validly authorized, adopted and approved by all requisite
corporate and partner action. The Fund has received (or has no reason to believe it will not
receive on or before the Closing, as applicable) all approvals, authorizations and clearances from
applicable Governmental Authorities, and such other consents, approvals or authorizations as
may be required in order to freely and lawfully consummate the transactions contemplated by the
Agreement. The Agreement has been duly and validly executed and delivered by the Fund and
assuming due aUlhorization, execution and delivery by the other party, constitutes (and. effective
upon the Closing, the balance of lhc transaction documents will constitute) legal, valid and
binding obligations of the Fund, enforceable against the Fund in accordance with their terms,
except as enforceability may be restricted, limited or delayed by applicable bankruptcy or other
laws atfecting creditors' rights generally and except as enforceability may be subject to general
principles of equity.
4. !\pprovals and Consents. No consent, approval, authorization or action of,
registration or filing with, or notice to any Governmental Authority or other public or private
third party is necessary or required under any of the terms, conditions or provisions of any Law,
or any Order of any Governmental Authority or any instrument to which the Fund is a party or
lH!445508.2
OR: 4445 PG: 1421
16K4
the Fund's assets or properties are bound in connection with the execution and delivery by the
Fund of the Agreement, the performance by the Fund of its obligations thereunder or the
consummation of the transactions contemplated thereby.
Collier County reprcsents and warrants to the Fund:
I. qrganization - Collier County. Collier County is a political subdivision of the
state of Florida and is duly organized, validly existing and in good standing under the laws of the
state of Florida. with full powcr and authority to own and operate its properties and to conduct its
business, all as and in the places where such properties are now owned or operated or such
business is now being conducted. Collier County is duly qualified, licensed or admitted to do
business under the laws ofthc state of its formation.
2. powers. Absence of Conflicts. Non-Contravention. Collier County has the
requisitc power and authority to cnter into the Agreemcnt and to perform its obligations
thereunder. The execution, delivery and performance by Collier County of the Agreement and
the transaction documents, the performance by Collier County of its obligations thereunder, and
the consummalion of thc transactions contemplated therein (a) are not in contravention of the
terms of its formation documents, bylaws or other governing documcnts, as amcndcd to date, (b)
will not result in the violation by Collier County of any Law, or Order, of any Governmental
Authority applicable to Collier County or any of its assets or properties, and (c) do not conflict
with or result in any breach or contravention (whether with the giving of notice, the passage of
time, or both) of the terms of (i) any indebtedness or other obligation for money borrowed or
owcd, or (ii) any contract, commitment or other arrangement (or series of rclated or similar
contracts, commitmcnts or other arrangements taken as a whole) that is material to its operation.
3. Authorization. The execution and delivery of the Agreement and the transaction
documents, has been duly and validly authorized, adopted and approved by all requisite
corporate and member action. Collier County has rcceived (or has no reason to believe it will
not receive on or bcfore the Closing, as applicable) all approvals, authorizations and clearances
from applicablc Governmental Authorities, and such other consents, approvals or authorizations
(including without limitation those of its board of directors) as may be required in order to frccly
and lawfully consummate the transactions contemplated by the Agreement. The Agreement has
been duly and validly cxccuted and delivered by Collier Counly and assuming due authorization,
cxccution and delivery by the othcr party, constitutes (and, effective upon the Closing, thc balance
of the transaclion documents will constitute) legal, valid and binding obligations of Collier
County, enforceable against Collicr County in accordance with their terms, except as
cnforceability may be restricted, limited or delaycd by applicable bankruptcy or other laws
affecting creditors' rights generally and except as enforceability may be subject to gcncral
principles of equity.
4. Aoorovals and Consents. No consent, approval, authorization or action of~
rcgistration or filing with, or notice to any Governmental Authority or other public or private
third party is necessary or required under any of the terms, conditions or provisions of any I.aw,
or any Ordcr of any Governmental Authority or any instrument to which Collier Count is a party
or Collier County's asscts or properties arc bound in connection with the execution and delivery
!W4455082
*** OR: 4445 PG: 1422 ***
by Collier County of the Agreement, the performance by Collier County of its obligations
thereunder or the consummation of the transactions contemplated thereby.
. . .
IW445508.2
16K4
16K4
RELEASE AND SATISFACTION
COMES NOW the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA, and does hereby waive, remise, relinquish, quit claim, and release any and all right to
claim any liens, lien rights, or claims or demands of any kind whatsoever it may posesses or
might have against the real property located in Collier County, Florida, currently owned by
CEIIKensington, Ltd., a Florida limited liability company, and known as Saddlebrook Village
Phase I, as more particularly described in Exhibit "A" attached hereto and incorporated herein,
for deferred impact fees, interest, penalties, attorneys' fees and costs, for consideration, the
receipt of which is hereby acknowledged, of the sum of $835,125.04 plus $5,000.00 for
attorneys' fees and costs, which is the subject matter of cause No. 08-07625-CA in the Circuit
Court of the Twentieth Judicial Circuit in Collier County, Florida and arising in and out of the
Agreement for the 100% Deferral of Collier County Impact Fees dated December 16, 1997,
recorded in the Official Records of Collier County, Florida in OR Book 2372, Page 2289,
Amendment to the Agreement for 100% Deferral of Collier County Impact Fees dated December
4,2002, recorded in Official Records of Collier County, Florida in OR Book 3171, Page 1425,
and the Board of County Commissioners, Collier County, Florida, Resolution No. 97-465 dated
December 16,1997.
DATED THIS \ 4+-'" DAY OF \\. ~'v- \ \
y: "Dt;puty Clerk .
Attelt 1$'''0.' .
II '"
A r ~ufficiency:
,2009.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~ J _
.~ ~. ~~4-
By: DO NA FIALA
CHAIRMAN
4285387 OR: 4445 PG: 1423
RECORDED in OFFICIAL RECORDS of COLLIER COUN'Y, FL
04120/2009 at 11:35AK DWIGHT E. BROCK. CLERK
REC FEE 44.00
COPIES 5.00
MISC 2.00
Retn'
CLERK '0 'HE BOARD
INTEROFFICE 4TH FLOOR
m 1240
l6K4
LEGAL DESCRIPTION
LYING IN
SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST.
COLLIER COUNTY FLORIDA.
A TRACT OR PARCEL OF LAND SITUATED. IN THE STATE OF FLORIDA. COUNTY OF
COLliER, LYING IN SECTIO~ 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A NAIL AND DISK MARKING THE SOUTHWEST CORNER OF THE
SOUTHEAST QUARTER (SE1/4) OF SAID SECTION 34;
THENCE ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34,
N.OO"24'26"E. FOR 50.00 FEET TO THE NORTH RIGHT OF WAY OF DAVIS BOULEVARD;
THENCE ALONG THE SAID NORTH RIGHT OF WAY. S.88"55'22"E FOR 94.33 FEET;
THENCE N.OO"49'55"E, FOR 60.92 FEET;
THENCE N.14'33'54"E, FOR 153.96 FEET;
THENCE N.00"24'26"E, FOR 606.86 FEET TO A POINT OF CURVATURE;
THENCE NORTHEASTERLY 56.90 FEET ALONG THE ARC A TANGENTIAL CIRCULAR.
CURVE TO THE RIGHT HAVING A RADIUS OF 75.00 FEET, THROUGH A CENTRAL ANGLE
OF 45"00'00" AND BEING SUBTENDED CH BEARS N.22"54'26"E FOR
~~~~~~~:45'24'26"E, FOR 113, !V,7>
THENCE S.44 '35'34"E. FOR O. TO THE POINT OF
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BEARINGS ARE BASED ON THE WEST EAST QUARTER (SE1/4) OF
SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS
BEING N.00"24'28"E.
RWA CONS\.Il TlNG, INC.
LAND SURVEYORS AND MAPPERS
6050 NORTH HORSESHOE DRIVE SUITE 270
NAPLES, FLORIDA 34104
(941) 649-1509
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA - CIVIL DIVISION
16K4
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Plaintiff,
vs.
NO.: 08-07625-CA
CEIIKENSINGTON, LTD., a Florida Limited
Partnership; COLONIAL EQUITIES, INC.; DYNEX
CAPITAL, INC.; TEXAS COMMERCE BANK N.A.;
CHASE BANK OF TEXAS N.A.; LEHMAN HOUSING
LENDING, CORP.; DYNEX COMMERCIAL, INC.; HOUSING
FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA;
LEHMAN HOUSING CAPITAL, INC.; LYNN CONSTRUCTION
OF NAPLES, INC.; ANY AND ALL UNKNOWN CLAIMANT(S)
THAT MA Y CLAIM AN INTEREST BY, THROUGH, UNDER
OR AGAINST ANY NAMED DEFENDANT(S), WHETHER SAID
CLAIMANTS ARE DEVISEES, GRANTEES, OR ASSIGNEES;
ANY NUMBER OF TENANTS, the name(s) being fictitious to
account for unknown parties in possession of the subject property,
Defendants
/
RELEASE OF LIS PENDENS
COMES NOW the Plaintiff BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA (hereinafter the "COUNTY"), and hereby release the Lis Pendens Notice
filed in connection with these proceedings and recorded in the Official Records of Collier
County, Florida on October 2,2008 in OR Book 4397, Page 3524.
DATEDTHIS Ht-n DAYOF ~'(\r~\
,2009.
A TTES1':
DWIGHT E. BROCK,
CLERK OF COUR~S
:---.-..
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
J; ,
1,1 d
,( / . -
Yfr~ ",l~~.
By: DONNA FIALA
CHAIRMAN
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16K4
CONVEYANCE AND ASSIGNMENT OF CONTRACT RIGHTS
COMES NOW the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA and hereby conveys, assigns and transfers over any and all rights it may now or in the
future legally possess in a certain agreement entitled Agreement for 100% Deferral of Collier
County Impact Fees dated on December 16, 1997, and recorded in the Official Records of
Collier County, Florida in OR Book 2372, Page 2289, to LEHMAN HOUSING TAX CREDIT
FUND VII L.P. The Board of County Commissioners, and Collier County, does not, in any
manner, make any representations or warranties with respect to these rights conveyed or whether
the rights conveyed will be of any value to the recipient.
DATEDTHIS~DAYOF \\-pn \
,
,2009.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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By:
DONNA FIALA
CHAIRMAN
ATTEST:
DWIGHT E. BROCK,
CLERK OF COURTS
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kow, Esq.
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