Backup Documents 03/14/2023 Item #10A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 A
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.
** 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. (Enter your Dept here)
3. County Attorney Office County Attorney Office
CM&. 2\412:7:2
4. BCC Office Board of County
Commissioners (Ift6 Aj jlj�/22�
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 Madison Bird Phone Number 2939
Contact/Department
Agenda Date Item was 3/14/23 Agenda Item Number 10.A
Approved by the BCC
Type of Document(s) MOU and Escrow Agreement Number of Original 1
Attached Documents Attached
PO number or account
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 signature?(stamped unless otherwise stated) MB
2. Does the document need to be sent to another agency for additional signatures? If yes, MB
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legality. (All documents to be signed by MB
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 MB
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 MB
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 MB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is uploaded to the
agenda. 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_3/14/23_and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County an option for
Attorney 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
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. /5 F.
PIGaS a 6.411 ! Ad4son 41� 26131 for u ph ys1`Cti ( /�1' h- c p once. S1' 'te-d . Tr .
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I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05;11/30/12;4/22/16;9/10/21
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FLORIDA DEPARTMENT OF VETERANS' AFFAIRS
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT ("MOA"), made and entered into this NM
day of 2023, by and between the State of Florida, Department of Veterans'
Affairs 'FDVA"), and the Collier County Board of County Commissioners ("Collier County"),
and shall become effective upon the full execution by the Parties.
WITNESSETH
WHEREAS, FDVA is planning to construct a Florida Department of Veterans' Affairs
State Veterans' Nursing Home ("Project") on property that is presently owned by Collier County,
if approved by the Florida Legislature through an appropriation in 2023 that enables the Project to
proceed; and
WHEREAS,the acreage to be developed will be a designated portion of land found within
the parcel or parcels owned in fee simple absolute, legally described in the Warranty Deed (the
"Golf Course Property"), Exhibit A, attached hereto and made a part hereof, and includes165.08
acres. The GradyMinor Property Description and Sketch, Exhibit B (consisting of two pages),
provides a tentative legal description and sketch for the Project in order to memorialize the intent
of the parties, acknowledging that this MOA does not determine the final amount of acreage to be
conveyed from Collier County to the State of Florida for this Project. The Exhibit B legal
description for the Project remains to be calculated and surveyed during the design and engineering
phase that may occur during 2023,2024, and 2025; and
WHEREAS, the Collier County Board of County Commissioners ("Collier County") has
pledged $30 million (thirty million dollars) in County funds to be used as matching funds for
construction and development costs ("Project Costs") of the County-owned real estate proposed
for donation to the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida(`BOTIITF"),if BOTIITF accepts such donation,with the intention that such real property
is designated to become the next site for a State Veterans' Nursing Home in Collier County; and
WHEREAS, given the timing of the Project and the deadlines to request State and Federal
authorizations to go forward with the Project, the County is required to transfer the $30 million
(thirty million dollars) to the State no later than May 1, 2023, and in accordance with the Three
Party Escrow Agreement,Exhibit C,between the State of Florida,Department of Veterans' Affairs
("FDVA"),the Collier County Board of County Commissioners ("Collier BCC"), and State of
Florida, Department of Financial Services, Division of Treasury ("DFS or Escrow Agent"), for
purposes of demonstrating that FDVA has the required matching funds to qualify and be eligible
for various State, Federal, and local government authorizations, approvals, and funding for the
Project, including but not limited to the United States Department of Veterans Affairs; the State
of Florida, Department of Environmental Protection, staff for the BOTIITF; the State of Florida,
Agency for Health Care Administration; and local governmental entities including but not limited
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to Collier County,the City of Naples, and any other permitting authorities approving consistency
with land use plans and other relevant matters, to preserve and protect the Project funds; and
WHEREAS, FDVA and Collier County agree that unless and until there is a reasonable
degree of certainty that the Project will proceed as planned,no conveyance of title to real property
will occur and no construction funds will be requested or released. If the Project does not proceed
for any reason due to inability to meet the conditions precedent and/or contingencies that may
arise, FDVA and Collier County agree to approve the release of funds from the Escrow Account,
minus any fees due,and plus any accrued interest,returning such funds to Collier County promptly
and without delay, subject to the State of Florida Department of Financial Services Escrow Terms
and Conditions; and
NOW THEREFORE, in consideration of the premises and the covenants contained herein,
the parties agree to the following:
1. Cooperation between the parties. FDVA and Collier County agree that a high level of
cooperation between FDVA and Collier County is required as an essential term of this MOA,that
it will demand such as a multi-year Project; that matters of governmental succession are of
paramount importance; and that "time is of the essence" since the subject matter of the MOA is
development of a new State Veterans' Nursing Home that will serve Collier County by providing
health care services for eligible Veterans in need of skilled nursing care, and will create new
permanent jobs. Therefore, FDVA and Collier County agree to maintain a sense of urgency with
each other and all members of the Project team as it develops over time, in order to accommodate
the needs of the various parties working toward the successful accomplishment of the Project to
develop a ninth State Veterans' Nursing Home, anticipated to open in 2028.
2. Establishment of Escrow Account and Deposit. Collier County shall deposit $30 million
(thirty million dollars) into an interest-bearing Escrow Account established hereunder for the
purposes of the Project, on or before May 1, 2023. The Escrow Account will be opened pursuant
to the Three Party Escrow Agreement,Exhibit C,that is referenced,incorporated and made a part
of this agreement,to be executed by FDVA, Collier County, and DFS. Deposits will be delivered
in accordance with instructions provided by the Escrow Agent. A wire transfer or ACH deposit is
Collier County's preferred method of payment and should be used whenever possible.
Such account will be an asset of FDVA to be used exclusively for the Project. FDVA and
Collier County agree that this asset must remain undisturbed in the Escrow Account because it
serves as the consideration required to qualify as matching funds in order to receive a grant from
the Federal government. In addition, such Federal grant requires that funds be available to be
appropriated to procure goods and services in furtherance of the construction because FDVA must
first pay for the Project expenses, and later, apply for reimbursement of these expenditures after
the work is completed.
3. Property Deed. Collier County has provided a copy of its currently recorded County
Property Deed for the Golf Course Property,Exhibit A,together with the tentative legal description
and sketch depicting the estimated acreage for the Project area, Exhibit B, referenced,
incorporated, and attached hereto, as part of this MOA. Other deposits to the Escrow Account
may be made by Collier County during the life of this Agreement; however, no additional Collier
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County funds beyond the $30 million (thirty million dollars) have been committed by the Board
of County Commissioners as of the effective date of this Agreement.
4. Escrow Account Funds and Restrictions. Notwithstanding any prior written arrangement
by the parties, FDVA's Director of Administration or designee, Collier County's Chairman of the
Board of County Commissioners, and the DFS State Treasury Escrow Agent or designee, shall be
the signatories on this Three Party Escrow Agreement. If, after the Florida Legislature
appropriates funding for the Project, and all conditions precedent shall have been met so that the
site suitability has been determined and other key authorizations have been received, FDVA will
request funds from the Escrow Agent,in writing and using the correct Flair code, as verified with
the Escrow Agent, to be transferred through a Journal Transfer to the appropriate FDVA Trust
Fund, to be used as needed and in appropriate amounts to authorize work as directed by DMS
through its Client Agency Agreement with FDVA, in order to have funds available in advance for
payment of vendors/contractors for construction, development, and other various Project Costs.
5. Appropriations from the Florida Legislature. FDVA and Collier County acknowledge that
this multi-year Project will require Fixed Capital Outlay appropriations (the full amount of the
appropriations is provided during the initial year) to complete all phases of the design and
construction, to become a fully-operational State Veterans' Home. The State of Florida's
performance and obligation to pay is contingent upon an annual appropriation by the Legislature.
The appropriations will be requested as FIXED CAPITAL OUTLAY, STATE NURSING HOME
FOR VETERANS—DMS MGD,construction is to be managed by the State of Florida Department
of Managements Services ("DMS") under a separate agreement with FDVA. Appropriations are
typically designated from Federal Grants Trust Fund and from Operations and Maintenance Trust
Fund,statingfor example: "From the funds in Specific Appropriation Line XXX,the nonrecurring
sum of $XXX from the Operations and Maintenance Trust Fund, and$XXX from the Federal
Grants Trust Fund,are provided for the completion of the construction of the ninth State Veterans'
Nursing Home in Collier County."
6. Disbursement. FDVA shall submit a written request to the Escrow Agent for disbursement
of funds following Legislative approval of the appropriation(s) for the construction funds
(expected in March 2025), which appropriations will be made to and managed by the State of
Florida, Department of Management Services ("DMS") for all design, engineering, and
construction purposes during all phases of the Project. The written request shall include a written
notice to Collier County of disbursement of the funds.
7. Escrow Agent Responsibilities. The duties of the Escrow Agent are found in the Three-
Party Agreement, Exhibit C.
8. Termination. If the Project moves forward as planned,termination of this MOA will occur
after the opening of the State Veterans' Nursing Home in Collier County and completion of the
post-closeout phase for Project # DVA22237500. Either party may terminate this MOA if the
Project does not proceed for any reason, including the failure of the Florida Legislature or the
United States Department of Veterans Affairs to approve the Project, or other suitability factors
impacting the Donation acceptability, site design and/or engineering issues, or other issues, the
timing of which cannot yet be determined, anticipated to be on or around November 2025 or
possibly at a later date. If the Project does not proceed for any reason due to inability to meet the
003 CAC
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conditions precedent and/or contingencies that may arise, FDVA and Collier County agree to
approve the release of funds from the Escrow Account,minus any fees due, and plus any accrued
interest,returning such funds to Collier County promptly and without delay, subject to the State
of Florida Department of Financial Services Escrow Terms and Conditions. FDVA and Collier
County will confer frequently so that there are continuing conversations in accordance with
paragraph 1.above.
9. Legal Matters. This Agreement shall be governed by and interpreted in accordance with
the laws of the State of Florida. This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original,but all of which together shall constitute one and the
same instrument.
10. Severability. If any provision of this Escrow Agreement is declared void or
unenforceable, the provisions shall be severed from this Agreement, the remainder of the
Agreement shall otherwise remain in full force and effect,provided that the overall intent of the
parties is not materially vitiated by such Severability.
IN WITNESS WHEREOF,the parties have duly executed the Agreement on the date(s)
below.
STATE OF FLORIDA,DEPARTMENT BOARD OF COUNTY COMMISSIONERS
OF VETERANS' AFFAIRS OF COLLIER COUNTY,FLORIDA
Digitally signed l
b Ca er,Alfred
Alfred �ai't�rt}P,r hie':1 'pa€t Rick LoCastro,Chairman
Alfred (Al Date:2023.03.21
Date: 10:56:55 04'00' Date: A,,ch t y 702 3
FDVA LEGAL REVIEW: A1`1'EST: CRYSTAL K.KINZEL,CLERK
Approved as to form and legality:
' Attest as to Chairman s
By kt„_ signature only
• geitaiue De u 0lrlc..
Andrew Benar eneral Counsel i•
- .,
iv1tri
PrirtdName �.'
Approved as"to form and'Iegality:
1,Crystal K.Srnzel,Clerlcof:Cou In'antl tqr Collier County (/ �(�/}
dohesrby rtitytile(i :aodve'InS atNaa,r;carcect l IIiV )Aiu9-
copyol '•'net"` In CO•. ty;Frotida oIleen M.Greene
6y Deputy Clerk Managing Assistant County Attorney
004
CAC'
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EXHIBIT A
Warranty Deed
005 (Cite.
1 0 A
INSTR 5746913 OR 5657 PG 3552 RECORDED 7/31/2019 5:30 PM PAGES 9
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
Doc@.70 $203,350.00 REC $78.00 INDX 51.00
CONS $29,050,000.00
Prepared without opinion of title by:
David N.Morrison
Attorney a;Law
Quarles&Brady LLP
1395 Panther Lane,Suite 300
Naples,FL 34109
239-434-4911
File Number:930538.00006
Parcel Identification++Nos:
Consideration: 29,000,10 0
jSpacc Above This Line For Recording Dotal
Warranty Deed
(STATUTORY FORM-SECTION 689 02,F S.)
This Indenture made as of this 31st day of July,2019 between Robert Vocisano and Mario Vocisano,a Florida general
partnership known as Golden Gate Inn,whose address is 4100 Golden Gate Parkway,Naples,FL 34116, Grantors*,and The
Board of County Commissioners of Collier County,Florida,as the governing body of Collier County,whose address is 3335
Tamiami Trail East,Naples,FL 341 12,Grantee*,
Witnesseth that Grantor, for and in consideration of the sum of TEN AND NO/l00 DOLLARS($10.00)and other good
and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged,has granted,
bargained,and sold to Grantee,and Grantee's heirs and assigns forever,the following described land,situate,lying and being
in Collier County,Florida,to-wit:
See attached Exhibit"A"
Subject to the following exceptions:
1)ad valorem and non ad valorem real property taxes for the year 2019 and subsequent years;
2)zoning,building code and other use restrictions imposed by governmental authority;
3)outstanding oil,gas and mineral interests of record,if any;and
4)restrictions,reservations and easements common to the subdivision.
Together with all tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have And To Hold the same in fee simple forever.
And Grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons
•whomsoever.
•"Grantor"and"Grantee"are used for singular or plural,as context requires
THIS CONVEYANCE ACCEPTED OT
NOM) Of COUNTY CO MI%sl<0 3::
COLLIER cowry, FLORIOA,
QAT�Q O t�A.
I1'Eq .
No
DoubleTIme®
006
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OR 5657 PG 3553
In Witness Whereof,Grantor has hereunto set Grantor's hand and seal the day and year first above written.
Signed,sealed and delivered in our presence:
�.. _ (Seal)
Witness#t Signature R ert ocisano,a General Partner of Robert Vocisano and
Mario Vocisano,a Florida general partnership known as
Golden Gate Inn
Witness#1 Printed Name `J
Witness#2 Signature
ecrC r‘- �dcCS�N�
Witness#2 Printed Name
COUNTRY of Canada
PROVINCE of ON
The foregoing instrument was acknowledged before me this 36 day of July, 2019 by Robert Vocisano, a General Partner
of Robert Vocisano and Mario Vocisano, a Florida general partnership known as Golden Gate Inn, who [A is personally
known or[ ]has produced as identification.
[Notary Seal] ft draMartin.aCenmissloner.etc., Notary Public
Province of Onurto
kw Bons Building 6 YuwDwnart Company Limited /�
Expires ,y. p esNov.,, ,ig pm Printed Name: PA-.DRY R(Z.TI►'1.�
My Commission Expires: I q —NOV - �a-o
Warranty Deed(Statutory Form)-Page 2 DoubleTlmem
007 ¢.+1'�°
10A
OR 5657 PG 3554
In Witness Whereof,Grantor has hereunto set Grantor's hand and seal the day and year first above written.
Signed,sealed and delivered in our presence:
ago Uc ,�
(Seal)
Witness#1 Signature Mario Vocisano,a General Partner of Robert Vocisano and
Mario Vocisano,a Florida general partnership known as
Golden Gate Inn
e—A./G U04fS/44/D
Witness#1 Printed Name
L2Signasure
s#
Pinola- etelavrr _
Witness#2 Printed Name
COUNTRY of Canada
PROVINCE of DN
The foregoing instrument was acknowledged before me this 30 day of July,2019 by Mario Vocisano,a General Partner of
Robert Vocisano and Mario Vocisano, a Florida general partnership known as Golden Gate Inn, who [1--r"is personally
known or[ ]has produced as identification.
[Notary Seal] Andre Martin,a Commissioner,etc., Notary Public
1Oa0,onta,io `for Bona Building d Management Cowan),ttmited (�1/(A R n,Expires November 10,2020 Printed Name: A y°
My Commission Expires: j 9 Nov- (9,02-0
Warranty Deed(Statutory Form)-Page 3 Double-imem
008 CAC
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oR 5657 PG 3555
pp
COASTAL CECI Group Service;
ENGINEERING Coastal and Marine Engineering
Environmental and Geological Services
CONSULTANTS Land and Marine Survey and Mapping
INC. Webs,te:YAW.,coastalanglnearing.com
A CECI GROUP COMPANY
GOLDEN GATE GOLF COURSE
CONVEYANCE TO COLUER COUNTY PARCEL
LEGAL DESCRIPTION
TRACTS A AND B,GOLDEN GATE-UNIT 1,ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN
PLAT BOOK 5,PAGES 60 TO 64,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA.
AND
TRACT A,GOLDEN GATE-UNITS PART 1,ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN
PLAT BOOK 5,PAGES 147 TO 151,AND TRACT A,GOLDEN GATE-UNIT 8 PART 2,ACCORDING TO THE MAP
OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9,PAGES 108 TO 112,ALL OF THE PUBLIC RECORDS OF
COLLIER COUNTY,FLORIDA.
LESS AND EXCEPT PARCEL(1):
BEGIN AT A POINT,CORNER NUMBER 1,354.50 FEET SOUTH AND 370.13 FEET EAST OF THE NORTHWEST
CORNER OF TRACT"A"OF GOLDEN GATE SUBDIVISION,UNIT 8,PART 2,AS SHOWN ON A PLAT THEREOF
RECORDED IN PLAT BOOK 9,PAGES 107-112,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;
THENCE RUN N.0 DEGREES 15'04"W.16.91 FEET TO CORNER NUMBER 2 ON THE EAST LINE OF AN ACCESS
EASEMENT;THENCE RUN N.12 DEGREES 51'43"E.31,94 FEET ALONG SAID EASEMENT TO A POINT OF
CURVATURE,THENCE RUN NORTHERLY ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 577.88
FEET AND WHOSE CENTRAL ANGLE IS 7 DEGREES 47'03",FOR AN ARC DISTANCE OF 78.51 FEET TO CORNER
NUMBER 3;THENCE N.89 DEGREES 44'56"E.89.59 FEET TO CORNER NUMBER 4;THENCE 5.0 DEGREES
15'04"E.116.40 FEET TO CORNER NUMBER S;THENCE S.89 DEGREES 44'56"W.98.46 FEET TO CORNER
NUMBER 6;
THENCE S.50 DEGREES 09'46"W.14.20 FEET TO CORNER NUMBER 1 AND THE POINT OF BEGINNING.
AND ALSO LESS AND EXCEPT PARCEL(2):
A PARCEL OF LAND IN COLLIER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS AND
BEING A PART OF THE PLAT OF TRACT A OF GOLDEN GATE UNITE,PART 2,AS RECORDED IN PLAT BOOK 9,
PAGE 107-A,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF TRACT A;THENCE RUNNING SOUTH A DISTANCE OF
649.27 FEET ALONG THE WEST BOUNDARY OF SAID TRACT A;THENCE RUNNING EAST 336.31 FEET TO A
POINT,SAID POINT BEING ALSO DESCRIBED AS THE POINT OF BEGINNING;THENCE RUN NORTH 89'54'21"
EAST,A DISTANCE OF 331.15 FEET TO A POINT;THENCE RUN NORTH 0'09'03"EASTA DISTANCE OF 75.04
FEET TO A POINT;THENCE RUN NORTH 23'43'43"EASTA DISTANCE Of 104.18 FEET TO A POINT;THENCE
RUN NORTH
3106 S.Horseshoe Drive,Naples,Florida 34104"Phone(239)643-2324'Pax(239)643-I 143'E-mail;jaToCylcecITl.com
.tiK.Rl./.\.0 COAST:IL.C0.I1.11UNIT/E_S.V.V'CE 1977
41"g
ExwsiT
♦�
009 -4-
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OR 5657 PG 3556
Golden Gate Golf Course COASTAL ENGINEERING CONSULTANTS,INC.
CEC File No.19.059
July 8,2019
Page 2
47°07'42"WEST A DISTANCE OF 196.55 FEET TO A POINT;THENCE RUN SOUTH 89'44'56"WEST A
DISTANCE OF 184.50 FEET TO A POINT;THENCE RUN SOUTH 50'09'45"WEST A DISTANCE OF 14.20 FEET
TO A POINT;THENCE RUN SOUTH 110 04'09"WEST A DISTANCE OF 113.36 FEET TO A POINT;THENCE
RUN SOUTH 3'45'30"WEST A DISTANCE OF 183.92 FEET TO THE POINTOF BEGINNING.
AND ALSO LESS AND EXCEPT PARCEL(3)
COMMENCING AT THE NORTHWEST CORNER OF TRACT I OF SAID GOLDEN GATE UNfT 1,RUN S00'31'32"E
ALONG THE WEST LINE OF SAID TRACT I FOR A DISTANCE OF 460.24 FEET TO A POINT OF CURVATURE;
THENCE 78.16 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET,A
CENTRAL ANGLE OF 89'33'45",A CHORD DISTANCE OF 70.44 FEET,BEARING
S 45'24'29"E TO A POINT OF TANGENCY AND AN INTERSECTION WITH THE SOUTH LINE OF SAID TRACT I;
THENCE ALONG SAID LINE N 89'30'20"E FOR A DISTANCE OF 149.52 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE N 89'30'20"E FOR A DISTANCE OF 143.25 FEET;
THENCE LEAVING SAID LINES 00'29'40"E FOR A DISTANCE OF 116.67 FEET;
THENCE S 89'53'11"W FOR A DISTANCE OF 72.43 FEET;
THENCE N 86'58'47"W FOR A DISTANCE OF 69.02 FEET;
THENCE N 02'03'40"E FOR A DISTANCE OF 48.97 FEET;
THENCE N 14'13'43"W FOR A DISTANCE OF 17.31 FEET;
THENCE N 00'29'40'W FOR A DISTANCE OF 46.23 FEET TO THE POINT OF BEGINNING;
THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 7,190,871 SQUARE FEET OR 165.08 ACRES OF LAND.
COASTAL ENGINEERING CONSULTANTS,INC.
FLORIDA BUSINESS AUT 1 ION NO.L8 2464
RICHARDJ.EWING, . .
PROFESSIONAL SURVEYO AND MAPPER
FLORIDA CERTIFICATE N .5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO.19.059
DATE OF SIGNATURE: 7' 9-/
3106 S.Horseshoe Drive,Naples,Florida 34104 Phone(259)643.2324'Fax(239)643-J143*E-mail:jnfoYacif.cQes
SERVING COASTAL COMMUNITIES SINCE 1977
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EXHIBIT B
Grady Minor Property Description and Sketch of Proposed Area for Home
015
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EXHIBIT C
Three Party Escrow Agreement
018
IOA
Exhibit C
(Referenced, incorporated, and attached to FDVA-Collier BCC Memorandum of Agreement)
THREE PARTY ESCROW AGREEMENT
THIS AGREEMENT is made and entered into by and between the State of Florida,
Department of Veterans' Affairs ("FDVA"), the Collier County Board of County Commissioners
("Participant"), and the State of Florida, Department of Financial Services, Division of Treasury
("Escrow Agent"), and shall become effective upon the Agreement's execution by Escrow Agent.
WHEREAS, FDVA and Participant are engaged in the following project ("Project"):
Project Name: FDVA's State Veterans Nursing Home in Collier County
Project# : DVA22237500
County: Collier County
WHEREAS, FDVA and Participant desire to establish an escrow account for the project.
NOW THEREFORE, in consideration of the premises and the covenants contained herein,
the parties agree to the following:
1. An initial deposit will be made into an interest-bearing escrow account established
hereunder for the purposes of the Project. The escrow account will be opened
with the Escrow Agent on behalf of FDVA upon Escrow Agent's receipt and
execution of this Agreement.
2. Other deposits to the escrow account may be made during the life of this
agreement.
3. Deposits will be delivered in accordance with instructions provided by the Escrow
Agent to the FDVA for deposit into the escrow account. A wire transfer or ACH
deposit is the preferred method of payment and should be used whenever
possible.
4. FDVA's Comptroller or designee shall be the sole signatory on the escrow account
with the Escrow Agent and shall have sole authority to authorize withdrawals from
the account. Withdrawals will only be made to FDVA or the Participant in
accordance with the instructions provided to the Escrow Agent by FDVA's
Comptroller or designee.
019
1 0 A
5. Moneys in the escrow account will be invested in accordance with section 17.61,
Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income
is only earned on the moneys while invested. There is no guaranteed rate of
return. Investments in the escrow account will be assessed a fee in accordance
with Section 17.61(4)(b), Florida Statutes. All income of the investments shall
accrue to the escrow account.
6. Unless instructed otherwise by FDVA, all interest accumulated in the escrow
account shall remain in the account for the purposes of the Project.
7. The Escrow Agent agrees to provide written confirmation of receipt of funds to
FDVA. FDVA agrees to provide a copy of such written confirmation to Participant
upon request.
8. The Escrow Agent further agrees to provide quarterly reports to FDVA concerning
the escrow account. FDVA agrees to provide a copy of such quarterly reports to
Participant upon request.
9. The Escrow Agent shall not be liable for any error of judgment or for any act done
or omitted by it in good faith, or for anything which it may in good faith do or refrain
from doing in connection herewith.
10. Escrow Agent shall have no liability for any claim, cost, expense, damage or loss
due to the acts or omissions of FDVA and Participant, nor from any separate
agreements between FDVA and Participant, and shall have no responsibility to
monitor or enforce any responsibilities herein or in any separate agreements
associated with this Agreement between FDVA and Participant.
11. This Agreement shall be governed by and interpreted in accordance with the laws
of the State of Florida.
12. This Agreement may be executed in two or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same
instrument.
13. This Agreement shall terminate upon disbursement by the Escrow Agent of all
money held by it in the escrow account in accordance with the instructions given
by FDVA's Director of Administration or designee and notification from FDVA to
Escrow Agent that the account is to be closed.
The remainder of this page is blank.
020
1 0 A
IN WITNESS WHEREOF,the parties have duly executed the Agreement on the date(s)
below.
Carter Digitally signed
by Carter,
_Alfred (Al
Affred-dUIT te: For PARTICIPANT (signature)
CAI 2023.03.21
14:40:03-04'00'
Alfred D. carter, Chief of Staff Rick LoCastro, Chairman
State of Florida, Department of Board of County Commissioners of
Veterans'Affairs Collier County, Florida
59-3462886
Federal Employer I.D. Number Federal Employer I.D. Number
Date ArGil 1 it4 2023
Date
I,Crystal K.IGnzel,Cterir of Courts in and i uylferc unty
do hearhy certify Piet the ebQld Instrument Is OW aaJ correct
copy of i on irrel filed o lier Cau F dds-
D By. • eputy Clerk
r, • ••d.4r.• ,
For Escrow Agent(signature) .•.•• , �.w•
- r ec/ • - Attest as to Chair
Printed Name and Title �..... signature on:
ATTEST - .
33 VZ 3 CRYSTAL K KINZEL,CLERK
Da( BY; •
•
Apmyed ad t s Io form legality n
Oukoi r
Assistant County Homey
021