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Backup Documents 01/26/2010 Item #16D5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING sLIP16 05 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink papee Attach to original document. Original ducurnc1HS should be hand de1ivcn:d to the Board Office The completed routing slip and original documents are to be forwarded to the Board Olike ollly'!f!IT the Board has taken action on th.: item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate lor additional signatures, dates, and/or information needed. Ifthe document is already complete with the exception of the Chairman's sillnature, draw a line throUl!h rotltinL! lines # 1 throm!.h #4, comnlete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routing: order) I.Frank Ramsey Housing and Human Services ~ 01/27/2010 2. Chairman Fred W. Coyle Board of County Commissioners 3. 4. 5. Ian Mitchell, Executive Manager Board of County Commissioners ,~ 'hrlo 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original documcnt pending lIce approval. Nmmally the primary contact is thc person who createdJprepared the executive summary. Primary contact information is needed in the event (me of the addressees ahove, including Sue Filson, need to contact stalJfor additional or missing information. All original documents needing the Bee Chairman '~; signnture are to he delivered to the Bee office only after the BeC has acted 10 approve the item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 01/26/2010 Agenda Item Number 16D5 Aooroved bv the BCC Type of Document Modification Number of Original I Attached Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not aopropriate. (Initial) Aoolicable) 1. Original document has been signed/initialed for Icgal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed '--:::ff- by the Office of the County Attorney, This includes signaturc 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 oossiblv State Officials,) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's ~ Office and all other parties except the BCe Chairman and the Clerk to the Board 3. The Chairman's signature line date has been cntered as the date of BCC approval of the ~ document or the final negotiated contract date whichevcr is aoolicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ~ signature and initials are reauired. 5, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of Bee approval. -:rL Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bec's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 01126/2010 and all changes made during 71- the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chanpes, if annlicable. INSTRUCTIONS & CHECKLIST I: Formsl County Forms! Bee Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised [,26.05, Revised 2.24.05 16D5 Prepared by: Frank Ramsey Collier County Housing and Human Services 330 I E. Tamami Trail Naples, FL 34] ] 2 TH]S SPACE FOR RECORD]NG MODIFICA nON AGREEMENT This Modiiication Agreement is entered into this 26th day of January, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and Habitat for Humanity of Collier County, Inc. (DEVELOPER) collectively stated as the "Parties" NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. LIEN AGREEMENT. DEVELOPER has given to COUNTY a lien agreement dated December 1, 2009 as recorded at OR Book 4514 Page 2970, of the Public Records of Collier County, Florida. DEVELOPER warrants that it is still the owner of the property. COUNTY warrants that it is still owner and holder of said lien agreement. Parties warrant they have good right and authority to enter into the Modiiication Agrecment. 2. MODIFICA nON. In consideration of the mutual covenants herein and other good and valuable considerations, the Parties agree that said lien agreement is modified as follows: . Page One, Section Four: "As set forth in Exhibit "B", the amount of the deferred impact fees is Fourteen TkousaRd Fi'/e HURdred NiRety ORe aRd 26/1 00 Dollars ($11,591.26) Thirteen Thousand Nine Hundred Eighty One and 67/100 Dollars ($13,981.67)." . Page Four, Exhibit "B": "E. Regional Parks Impact Fee $1,907.85 $1.298.26 3. OTHER TERMS. Notwithstanding anything to the contrary herein or in the lien agreement, the lien and operation of the lien agreement shall continue in full force and efIect except as modiiied by this agreement. All other terms of said note and mortgage remain unchanged. 4. COMPLIANCE. The DEVELOPER covenants and agrees to perform, comply with, and abide by each and everyone of the provisions of the lien agreement, as modified hereby. 5. AGREEMENT BINDING. This agreement shall be binding upon and inure to the benefit of the heirs, legal representatives, and assigns of the DEVELOPER and to the successors and assigns of the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Modification Agreement to be exccuted as of the date first above written. -1- 16D " Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, -<\ -, ~ By: ~, Autst n to Chll~ U~ I t9llatlrt OIl. · . By: ')''l..t l,,) FRED W. COYLE (.,-,-" ~~ 10 , CHxifrX.'N DEVELOPf, :~: l:;jitat for Humanity of Collier County, Inc. / ",,' , BY: u-,- c."" "'-Sam 1. Durso. M.D. President w~~ Print Name: fJ"l (j,(\,L",":1 . .. I...-/;;J-'i' ,(;f .~- Prmt Name: A.i I/}.t,;-- (elo';"- "~ T/'-h' , STATE OF FLORIDA . COUNTY OF COLLIER /'J '1 j)c (L The forgoing instrument was acknowledged before me this _7 day of ;J.{;C , 2~, by Samuel J. Durso, MD. as President for Habitat for Humanity of Collier County, Inc., who is "~Ii~IilIl.il!ly known to me or has produced ~e:;~"'1i '1;;X ' ~..:.v~\~'SJ;;~' .-2....~ ? )..... 7\ ! :. Myr;l~AM1:Xl-'ml;~ ~ S ( :: : "'JI'I'V/O'O : 'S \ \. '~'" ;li)~!n~-ri': ./. ff .".r'>. l' ,\..-" ,~.:: ~ u> -'..' .,." ,Q :$ .... (f '"" _',- 'J'.$ 10'10;' ?~. ", , ,-' d<'"' !'o.",~ :I", . ,/",' ~'_ \.,' \,,, 'II", j~' \\\,'i: "I""IIUI1\1"\\ Approved as to form and legal sufficiency: Q~~ Colleen Greene Assistant County Attorney as identification. ~ =;~~;~p;r~, -P Director - Housing and Human Services -2- 16D :5 Prepared by: Frank Ramsey Collier County Housing and Human Services 3301 E. Tamami Trail Nap]es, rL 34] ]2 INSTR 4389015 OR 4532 PG 2163 RECORDED 1/28/2010420 PM PAGES 2 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18 50 OBLD $0,00 OBLI $0 00 THIS SPACE FOR RECORDING MODIFICATION AGREEMENT This Modification Agreement is entered into this 26th day of January, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and Habitat for Humanity of Collier County, Inc. (DEVELOPER) collectivcly stated as the "Parties" NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. LIEN AGREEMENT. DEVELOPER has given to COUNTY a lien agreement dated December 1,2009 as recorded at OR Book 4514 Page 2970, of the Public Records of Collier County, Florida, DEVELOPER warrants that it is still the owner of the property. COUNTY warrants that it is still owner and holder of said lien agreement Parties warrant they have good right and authority to enter into the Modification Agreement 2. MODIFICATION. In consideration of the mutual covenants herein and other good and valuable considerations, the Parties agree that said lien agreement is modified as follows: . Page One, Section Four: "As set forth in Exhibit "B", the amount of the deferred impact fees is FourteeR TkoHsaRd f'ive IIHRdred NiRet)' ORe aRd 26/100 Dollars ($14,591.26) Thirteen Thousand Nine Hundred Eighty One and 67/100 Dollars ($13,981.67)," . Page Four, Exhibit "8": "E. Regional Parks Impact Fee $1,907.85 $1.298.26 3. OTHER TERMS. Notwithstanding anything to the contrary herein or in the lien agreement, the lien and operation of the lien agreement shall continue in tull force and effect except as modified by this agreement All other terms of said note and mortgage remain unchanged. 4. COMPLIANCE. The DEVELOPER covenants and agrees to perform, comply with, and abide by each and everyone of the provisions of the lien agreement, as modified hereby. 5. AGREEMENT BINDING. This agreement shall be binding upon and inure to the benefit of the heirs, legal representatives, and assigns of the DEVELOPER and to the successors and assigns of the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Modification Agreement to be executed as of the date first above written. -1- , Attest: f',,^ .' . ""'/' DWIGHT E. BROej(, Clerk ~",~/t ".. ..., tv~~~ By: , , , Atti.., ..' to~.!~ u* lt9lllt!qOl!' ~,.' "-L.'.:, J ..' 160 5 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, .~...! w, C <>-Ln ~~" I 0 , C~g::N By: FRED W. COYLE : H itat for Humanity of Collier County, Inc. BY: STATE OF FLORIDA COUNTY OF COLLIER 7 '1 ~c...L The forgoing instrument was acknowledged before me this ::; J day of ;J~ _,' 2~, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who i~\.L\ldilili\ll,\\L'Y known to me or has produced as identification. 1J&~~ H I.(€,~ ~..' f"'s ~/tft ~J'''''7\ ! :- MV C.OMM. EXPIRES ~ ! a : JULY7}.201l1 : :: ! ~. lIIo0051S8fl'l i ~ '" .... p, <,;:.-'./.~i ~<J\,., ,'n,,". ~I ~ Q, ~f'", ' "_",...", ,...,,,:, ~ ~ T?,~, "",-.,.." 'O'~~ ~ fit.... <: ') .._\,; ~,~ """,' l, f- r \\\\\'" '1"'''''11I11'''''''\\ Approved as to form and legal sufficiency: Q~ Colleen Greene Assistant County Attorney R~,"doJ App'"'' ?~ .~ ''Marcy Krumbine Director - Housing and Human Services -2-