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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 16A1n 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 G i6Ain 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 GP 16A1O 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 C, I6Aln EXHIBIT A- 1 TRACT"02" N $ TRACT"M"ESPLANADE 2 0 GOLF AND COUNTRY ESPLANADE 0 o I ~ V. 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