Backup Documents 09/26/2017 Item #16D 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
`1`
10.0 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 119
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 JAB 10/18/17
4. BCC Office Board of County ——\
Commissioners �(t / lcAkc\ \
5. Minutes and Records Clerk of Court's Office �,� ' l
U Vw 1011%((1 3 �k
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 Kristi Sonntag,Community and Human Phone Number 252-2486
Contact/Department Services
Agenda Date Item was 9/26/17 Agenda Item Number 16-D-9
Approved by the BCC
Type of Document LURA—First Amendment Number of Original Two
Attached Documents Attached
PO number or account -l4
number if document is S e e aae�v�
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 signa Stamp OK ) JAB
2. Does the document need to be sent to another agency for additional signatures? If yes, JAB
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 JAB
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 JAB
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 JAB
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 JAB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAB
should be provided to the County Attorney Office at the time the item is input into
MinuteTraq. 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 9/26/17 and all changes made during the JAB 4
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by th- r e
BCC,all changes directed by the BCC have been made,and the document is ready fo the /
Chairman's signature.
[04-COA-01081/1344830/111: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
16 D9
MEMORANDUM
Date: October 24, 2017
To: Lisa Carr, Grants Coordinator
Community & Human Services
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Pt Amendment to Land Use Restriction Agreement
Attached is one (1) recorded copy of each document referenced above,
(Item #16D9) approved by the Board of County Commissioners on
Tuesday, September 26, 2017.
An original has been kept by the Minutes and Record's Department for the
Board's Official Record.
If you have any questions, please feel free to contact me at 252-8411.
Thank you
Attachment
1609
THIS INSTRUMENT PREPARED INSTR 5460855 OR 5441 PG 2612
BY AND RETURN TO: RECORDED 10/19/2017 3.41 PM PAGES 5
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$44.00
ABOVE SPACE RESERVED FOR
RECORDING PURPOSES ONLY
FIRST AMENDMENT TO
LAND USE RESTRICTION AGREEMENT
THIS FIRST AMENDMENT T04,1‘1,1.) USE RESTRICTION AGREEMENT (this
"First Amendment"), dated thisZ1 day o 017, is made and entered into by and between
BIG CYPRESS HOUSING CORPORATION, a Florida not for profit corporation (the
"Sponsor"), and COLLIER COUNTY, a political subdivision of the State of Florida (the
"County").
This First Amendment amends the Land Use Restriction Agreement dated as of June 28,
2016 and recorded August 1, 2016 in Official Records Book 5299, Page 976, of the Public
Records of Collier County, Florida(the "LURA").
WITNESSETH:
WHEREAS, the Sponsor owns and operates a multifamily rental housing development
known as Main Street Village located at 104 Anhinga Circle, Immokalee, Florida, in Collier
County, Florida (the "Development"), in accordance with the LURA and the other Loan
Documents related to the issuance by the County of a loan under the State Housing Initiatives
Partnership Program, Section 420.907-420.9079, Fla. Stat. and Rule 67-37, Fla. Admin. Code, as
they may be amended from time to time, in the principal amount of FIVE HUNDRED
THOUSAND AND NO/100 DOLLARS ($500,000); and
WHEREAS, the parties desire to amend the LURA to add the legal description for the
Development and to clarify the term and minimum required set-aside; and
WHEREAS, this First Amendment shall be effective as of the date set forth above.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set
forth in this First Amendment and Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the County and the
Sponsor do hereby contract and agree to amend the LURA as follows:
SECTION 1.The Property. Notwithstanding anything contained in the LURA
to the contrary, the legal description for the Development is attached hereto as Exhibit
1609
"A" and by reference incorporated herein, and constitutes the property encumbered by
said LURA.
SECTION 2.Amendment to Section 1.1. Section 1.1 of the LURA is hereby
amended to read as follows:
Forty (40) units of the seventy-nine (79) housing units must be set-aside for
households who upon initial occupancy of units must have annual gross incomes
equal to or below fifty percent (50%) for Collier County Statistical Areas.
SECTION 3.Amendment to Article II. Article II of the LURA is hereby
amended to read as follows:
The County has authorized and issued a deferred forgivable loan in the amount
of Five Hundred Thousand ($500,000) to the Sponsor as an inducement to the
Sponsor to operate the units in the Project for the benefit of low-income
households whose incomes are equal to or less than fifty percent (50%) of
median annual gross income for the MSA for a period of fifteen (15) years
following the issuance of a final certificate of completion for the work funded
with the loan proceeds. In consideration of the issuance of the loan by the
County for the foregoing purposes, the County and Sponsor have entered into
this Agreement.
SECTION 4.Amendment to Article IV. Article IV of the LURA is hereby
amended to read as follows:
This Agreement shall become effective upon its execution and shall remain in
full force and effect for a period of fifteen (15) years from the date of
completion of the rehabilitation of the Project as confirmed by issuance of a final
certificate of completion for the work funded with the loan proceeds.
SECTION 5.Remaining Provisions Unaffected. Except as expressly modified
and amended by this First Amendment, the covenants, terms and conditions of the
LURA shall remain unaffected and shall remain in full force and effect.
SECTION 6.Severability. If any provision of this First Amendment or the
LURA shall be invalid, illegal or unenforceable, the validity, legality and enforceability
of the remaining portions hereof or thereof shall in no way be affected or impaired, nor
shall such holding of invalidity, illegality or unenforceability affect the validity, legality
or enforceability of such provision under other dissimilar facts or circumstances.
SECTION 7.Governing Law. The LURA and all amendments shall be
governed by the laws of the State of Florida, both substantive and remedial.
SECTION 8.Multiple Counterparts. This First Amendment may be
simultaneously executed in one or more counterparts, all of which shall constitute the
same instrument and each of which shall be deemed an original.
First Amd to LURA
MIADOCS 14873673 3
16 U9
COUNTERPART SIGNATURE PAGE FOR
FIRST AMENDMENT TO LAND USE RESTRICTION AGREEMENT
IN WITNESS WHEREOF, the County and the Sponsor have caused this First
Amendment to be signed, sealed and delivered by their duly authorized representatives, all as of
the date first written above.
COUNTY:
� '� COLLIER O -:-TY, FLORIDA
WITNESSES: AW
9 By: /1
Print: Name: J/�a W
Title: s a v • A
Print: Tin o Q.-GoF o f Ca /,1•41-0 rf;�,.ie,ZS
Tina
3 -✓a: 1, &i4, -S�
Address: Dip l e S/ F-L__ 74-// a 3o 3
ATTEST: Approved as to form and legality:
DWIGHT`E. BROOK,.CLERK
/3‘C*Ljj' i-A
tist asitY6Affatit$' Clerk Jenni er A. Belpedi
Assistant County Attorney
aj �.
� g
STATE OF FLORIDA VA,R0,13
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me • day of
, 2017 by as of COLLIER
COUNTY, FLORIDA, a political subdivision organized and ex'. 'ng under the laws of the State
of Florida, on behalf of said political subdivision. Such son is personally known to me or
has produced as identificatio .
� Notary Public; State of Florida
Print Name:
My Commission Expires:
My Commission No.:
First Amd to LURA
MIADOCS 14873673 3
16 D9
COUNTERPART SIGNATURE PAGE FOR
FIRST AMENDMENT TO LAND USE RESTRICTION AGREEMENT
IN WITNESS WHEREOF, the County and the Sponsor have caused this First
Amendment to be signed, sealed and delivered by their duly authorized representatives, all as of
the date first written above.
SPONSOR:
BIG CYPRESS HOUSING CORPORATION, a
WITNESSES: Florida non-profit corporate.
1
Print: n rillfF By: �:kei
.teven C. Kirk
'resident : d Chief Executive Officer
Print: i s!--17)ecQS
Address: 19308 SW 380th Street
Florida City, Florida 33034
STATE OF FLORIDA
COUNTY OF P4 to vI
The foregoing instrument was acknowledged before me this S day of
(o-z•` , 2017, by STEVEN C. KIRK, as President of BIG CYPRESS HOUSING
CORPORATION, a Florida non-profit corporation, on behalf of the corporation. Said person is
personally known to me or has produced a valid driver's license as identification.
a
Notary Public;State of Florida
LISA TORRES Print Name: Tc.s- T n(`C Q�
#:!...,1`.."/"A
` Notary Public-State of Flonda ` a_` ' ,
.; ,.. ;• Commission#FF 179187 My Commission Expires: 3 `�
My Comm.Expires Mar 21,219, My Commission No.: F F 1 —)c, t n
Banded through National Notary Assn.
First Amd to LURA
MIADOCS 14873673 3
1609
EXHIBIT "A"
LEGAL DESCRIPTION
(Main Street Village Apartments)
Tract"B", ROBERTS RIDGE, according to the map or plat thereof recorded in Plat
Book 25, Pages 100 and 101, Public Records of Collier County, Florida.
First Mid to LURA
MIADOCS 14873673 3