Backup Documents 03/12/2024 Item #16A10 ORIGINAL 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 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.
2.
3 County Attorney Office County Attorney Office
DOP 31,3)2y
4. BCC Office Board of County
Commissioners (if i2y ' ( 3/137a
5. Minutes and Records Clerk of Court's Office
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 Cormac Giblin/Housing Policy& Phone Number 252-2460
Contact/ Department Economic Development
Agenda Date Item was 03/12/2024 Agenda Item Number 16 A 10
Approved by the BCC
Type of Document First Amendment to that Agreement Number of Original 1
Attached Authorizing Affordable Housing Density... Documents Attached
PO number or account 0001-137860-649030
number if document is
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. (Initial) Applicable)
1. Does the document require the chairman's original signature? CG
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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 CG
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 CG
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CG
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip CG
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_3/12/24_and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County 0 o P an option fur
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the Y✓1 an option for
Chairman's signature. �/ 1 this line.
I: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
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INSTR 6520460 OR 6339 PG 3236
RECORDED 3118/2024 4.19 PM PAGES 5
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$44.00
FIRST AMENDMENT TO THAT AGREEMENT AUTHORIZING
AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING
COVENANTS AND RESTRICTIONS ON REAL PROPERTY
THIS FIRST AMENDMENT is made as of this 12 day of March 2024 by and
between Habitat for Humanity of Collier County, Inc. (the "Developer") and the Collier County
Board of County Commissioners (the "Commission"), collectively, the "Parties".
RECITALS
WHEREAS, on June 27, 2023, Agenda Item No. 9.A, the Parties entered into an
Agreement Authorizing Affordable Housing Density Bonus and Imposing Covenants and
Restrictions on Real Property (the "Agreement"), recorded on July 6, 2023, in Official Records
Book 6265, Page 2504, in the Public Records of Collier County, Florida; and
WHEREAS, the Agreement was agreed upon by the Parties as part of the public hearing
to amend the Tree Farm Mixed-Use Planned Unit Development (MPUD), Ordinance No. 07-54,
as amended (the "Hearing"), which was approved by the Commission as Ordinance No. 23-34;
and
WHEREAS, since the Hearing, more detailed site planning and development work
undertaken by the Developer revealed a de minimis discrepancy between land it seeks to develop
and encumber with the Agreement; and
WHEREAS, the Parties seek to amend the Agreement to resolve this discrepancy in the
property encumbered by the Agreement; and
WHEREAS,resolving this discrepancy does not materially change or otherwise affect the
intent of the Hearing,Agreement. or Tree Farm Mixed-Use Planned Unit Development (MPUD),
and this First Amendment otherwise remains consistent with the Hearing and Exhibit "C" of
Ordinance No. 23-34.
NOW, THEREFORE, in consideration of $10.00 and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and
the Commission here by covenant and agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference.
2. Exhibits A and A-1 of the Agreement are hereby amended, restated, superseded and
replaced by Exhibits A and A-1 of this First Amendment. attached hereto and incorporated
herein by reference. For the avoidance of doubt, all real property originally encumbered by
the Agreement but which is no longer included and described in said Exhibits A and A-1 is
hereby released and shall no longer be encumbered by the Agreement.
[22-CPS-02265/1839813/I] Page 1 of 2 PO
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3. Except as amended herein, all other terms and conditions of the Agreement, which is
incorporated herein by reference, shall remain unchanged.
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be
executed as of the day and year first written above.
AS TO COMMISSION:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: 04 By:
Deputy Clerk Chris 1, hairman
Attest as to Chairman's
signet e only
///n
AS TO DEVELOPER:
Wi ness '1 igture
Habitat for Humanity of Collier County, Inc.,
a Florid t-for-profit corporation
Witness #1 Printed Name
B
H i *" Aro,ANAt Rev. Lisa . e c , CEO
• •1 Postal Address 'FL 3,416
d4 .fitness#2 Sgnature
411.1/4.1
Witness#2 Printed Name
qu( 'c1 T- r ohOuUS
Witness#2 Postal Address / N/ 3
Approved as to form and legality: -
aa/4 /
Derek D. Perry \"3
Assistant County Attorney
Attachments:
Exhibit A -Legal Description
Exhibit A-1 -Depiction of the Property
[22-CPS-02265/1839813/1] Page 2 of 2 PO
16All)
EXHIBIT A iv*
PENINSULA
LNL3INL-L RINV I
LEGAL DESCRIPTION
OF PART OF TRACT "A", TREE FARM,
PLAT BOOK 68, PAGES 90-94
COLLIER COUNTY, FLORIDA.
(REVISED TRACT "A" TREE FARM
AFFORDABLE HOUSING BOUNDARY)
BEGINNING AT THE NORTHWEST CORNER OF TRACT "A" OF THE PLAT OF TREE
FARM, AS RECORDED IN PLAT BOOK 68, PAGES 90 THROUGH 94 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE NORTH LINE OF SAID TRACT "A" NORTH 89°55'18" EAST 603.04
FEET TO THE NORTHEAST CORNER OF SAID TRACT "A";
THENCE ALONG THE EAST LINE OF SAID TRACT "A" SOUTH 00°51'41" EAST 148.57
FEET;
THENCE LEAVING SAID EAST LINE SOUTH 89°54'59" WEST 153.18 FEET;
THENCE SOUTH 00°05'01" EAST 23.00 FEET;
THENCE SOUTH 89°54'59" WEST 183.05 FEET;
THENCE SOUTH 45°28'21" WEST 18.36 FEET;
THENCE SOUTH 44°31'39" EAST 5.83 FEET;
THENCE SOUTH 00°05'01" EAST 76.12 FEET;
THENCE 24.26 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE
CONCAVE SOUTH HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE
OF 27°48'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 76°10'55"
WEST 24.03 FEET;
THENCE SOUTH 89°54'59" WEST 34.16 FEET;
THENCE 79.07 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE
SOUTHEAST HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF
90°36'25" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 44°36'46"
WEST 71.08 FEET;
THENCE SOUTH 00°41'26" EAST 459.34 FEET;
THENCE 15.70 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE
NORTHWEST HAVING A RADIUS OF 10.00 FEET THROUGH A CENTRAL ANGLE OF
89°55'47" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 44°16'27"
WEST 14.13 FEET;
THENCE SOUTH 89°14'20" WEST 21.08 FEET;
THENCE 78.54 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE
SOUTHEAST HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF
90°00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 44°14'20"
WEST 70.71 FEET;
2600 Golden Gate Parkway,Naples,Florida,34105 Office 239.403.6/00 Fax 239.261.1/9/
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
Page l l O
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PENINSULAS
ti` L.)INLL.hilJG 4
THENCE SOUTH 00°45'40" EAST 89.47 FEET;
THENCE SOUTH 89°14'23" WEST 67.01 FEET TO A POINT ON THE WEST LINE OF SAID
TRACT "A";
THENCE ALONG SAID WEST LINE NORTH 00°45'37" WEST 920.09 FEET TO THE POINT
OF BEGINNING.
CONTAINING 4.83 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE NORTH LINE OF SAID TRACT "A" BEING NORTH
89°55'18" EAST.
JANUARY 23RD, 2024
LANCE T MILLER, P.S.M.#LS5627 DATE OF SURVEY
CERTIFICATE OF AUTHORIZATION#LB-8479
REFERENCE:S:\TreeFarm-TFRM\TRACT-A\SKETCH\AFB-HSE-REV-PARCELS-TFRM-A-AFB-HSE-REV-SK-01.dwg
2600 Golden Gate Parkway,Naples,Florida,34105 Office 239 403 6700 Fax 239.261.1797
Ha Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
Page 12 O
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EXHIBIT A- 1
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