Agenda 03/28/2023 Item #16A7 (Purchase property needed for construction of the Veterans Memorial Blvd. extension)03/28/2023
EXECUTIVE SUMMARY
Recommendation to approve an agreement for the purchase of Parcel 101FEE required for construction of
the Veterans Memorial Boulevard Extension (Phase 2), Project 60198. Estimated Fiscal Impact: $3,411,575.
The source of funding is impact fees and/or gas taxes.
OBJECTIVE: To purchase property needed for construction of the Veterans Memorial Boulevard
Extension (Phase 2) Project No. 60198 (the “Project”).
CONSIDERATIONS: Phase 2 of the Project consists of a new roadway connecting Veterans Memorial
Boulevard from the new High School to Tamiami Trail North. The Project is currently in the
environmental assessment and conceptual design phase, identifying impacts to existing properties,
quantifying property needed and preparing submittals of required environmental permits.
Collier County is seeking to purchase in fee simple Parcel 101FEE (Property Appraiser Parcel ID No.
00154600000), a 2.42-acre property owned by A.L. Dougherty Co., Inc. (the “Parcel”). Located on the
east side of Tamiami Trail North (U.S. 41) about a quarter mile north of where Old 41 Road intersects
with and diverges northeast from Tamiami Trail North, the Parcel is essential for the construction of the
Project. A portion of the Parcel will be used for road right of way, with the larger, remaining portion
needed for a stormwater pond.
In compliance with the requirements of Ordinance No. 2007-28 and Section 106-132 of the Code of Laws
and Ordinances of Collier County, Florida, the County obtained two appraisals prepared by licensed,
State-certified, independent real estate appraisers. Carroll & Carroll Real Estate Appraisers &
Consultants, an appraisal firm under contract with the County, estimated the fair market value of the
Parcel at $3,370,000 as of November 9, 2022. RKL Appraisal and Consulting, a second appraisal firm
under contract with the County, estimated the fair market value of the Parcel at $3,430,000 as of
November 19, 2022. The owner has agreed to convey the parcel to the County for the sum of $3,400,000,
being the average of the two appraised values. Staff accordingly recommends that the Board of County
Commissioners (“Board”) approve the Purchase and Sale Agreement.
FISCAL IMPACT: Funds in the estimated amount of $3,411,575, being the purchase price of
$3,400,000, title insurance policy cost of $11,075, and miscellaneous closing and recording costs not to
exceed $500 are required. The primary funding source for the acquisition of right-of-way is impact fees.
Should impact fees not be sufficient within a particular project, the secondary funding source will be gas
taxes.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. -DDP
GROWTH MANAGEMENT IMPACT: This Project is in accordance with the goals, objectives, and
policies of the Growth Management Plan.
RECOMMENDATION:
. Approve the attached Purchase and Sale Agreement and authorize the Chairman to execute same on
behalf of the Board;
. Accept the conveyance of Parcel 101FEE and authorize the County Manager, or her designee, to
record the conveyance instrument in the public records of Collier County, Florida;
16.A.7
Packet Pg. 690
03/28/2023
. Authorize the payment of all costs and expenses necessary to close the transaction; and
. Authorize the County Manager, or her designee, to take the necessary measures to ensure the
County’s performance in accordance with the terms and conditions of the purchase agreement.
Prepared By: Michelle Sweet, Property Acquisition Specialist II, Right of Way Acquisition,
Transportation Engineering Division.
ATTACHMENT(S)
1. Aerial - Parcel 101FEE (PDF)
2. Purchase and Sale Agreement (PDF)
3. [Linked] Appraisal 101FEE 9Nov22 - C&C
4. [Linked] Appraisal 101FEE 19Nov22 - RKL
5. Power Point Presentation (PPTX)
6. Transportation Planning Memo (PDF)
7. Technical Memo for Purchase of Parcel 101FEE (PDF)
16.A.7
Packet Pg. 691
03/28/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doc ID: 24618
Item Summary: Recommendation to approve an agreement for the purchase of Parcel 101FEE required for
construction of the Veterans Memorial Boulevard Extension (Phase 2), Project 60198. Estimated Fiscal Impact:
$3,411,575. The source of funding is impact fees and/or gas taxes.
Meeting Date: 03/28/2023
Prepared by:
Title: Property Acquisition Specialist – Transportation Engineering
Name: Michelle Sweet
02/07/2023 10:55 AM
Submitted by:
Title: Division Director - Transportation Eng – Transportation Engineering
Name: Jay Ahmad
02/07/2023 10:55 AM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 02/07/2023 2:26 PM
Growth Management Operations Support Tara Castillo Additional Reviewer Completed
02/07/2023 2:30 PM
Capital Project Planning, Impact Fees, and Program Management Lorraine Lantz Additional Reviewer Completed
02/07/2023 6:13 PM
Growth Management Department Jeanne Marcella Transportation Management Services Department Completed
02/08/2023 9:09 AM
Transportation Engineering Bee Thao Additional Reviewer Completed 02/08/2023 4:40 PM
Growth Management Department Gene Shue Additional Reviewer Completed 02/10/2023 1:35 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 02/21/2023 8:59 AM
Transportation Engineering Anthony Khawaja Additional Reviewer Completed 02/23/2023 1:15 PM
Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Additional Reviewer Completed
02/27/2023 2:47 PM
Road Maintenance Marshal Miller Additional Reviewer Completed 02/27/2023 3:35 PM
Growth Management Department Trinity Scott Transportation Completed 02/28/2023 8:11 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/07/2023 8:35 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/07/2023 9:00 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/07/2023 10:54 AM
County Manager's Office Ed Finn CMO Completed 03/13/2023 5:25 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/21/2023 2:43 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 03/22/2023 8:23 AM
16.A.7
Packet Pg. 692
03/28/2023
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 03/22/2023 11:09 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/28/2023 9:00 AM
16.A.7
Packet Pg. 693
PROJECT 60198 VETERANS MEMORIAL BOULEVARD
PARCEL 101FEE
Folio Number: 00154600000
Name: A L DOUGHERTY CO INC
Street# & Name:
Build# / Unit#: 001 /
Legal Description: 16 48 25 N 268.54FT OF NE1/4 LYING ELY OF US 41 LESS RW
16.A.7.a
Packet Pg. 694 Attachment: Aerial - Parcel 101FEE (24618 : 101FEE Purchase Agreement (Vet Mem Blvd Ph 2 60198))
16.A.7.b
Packet Pg. 695 Attachment: Purchase and Sale Agreement (24618 : 101FEE Purchase Agreement (Vet Mem Blvd Ph 2 60198))
16.A.7.b
Packet Pg. 696 Attachment: Purchase and Sale Agreement (24618 : 101FEE Purchase Agreement (Vet Mem Blvd Ph 2 60198))
16.A.7.b
Packet Pg. 697 Attachment: Purchase and Sale Agreement (24618 : 101FEE Purchase Agreement (Vet Mem Blvd Ph 2 60198))
16.A.7.b
Packet Pg. 698 Attachment: Purchase and Sale Agreement (24618 : 101FEE Purchase Agreement (Vet Mem Blvd Ph 2 60198))
16.A.7.b
Packet Pg. 699 Attachment: Purchase and Sale Agreement (24618 : 101FEE Purchase Agreement (Vet Mem Blvd Ph 2 60198))
16.A.7.b
Packet Pg. 700 Attachment: Purchase and Sale Agreement (24618 : 101FEE Purchase Agreement (Vet Mem Blvd Ph 2 60198))
Recommendation to approve an
agreement for the purchase of Parcel
101FEE required for construction of
the Veterans Memorial Boulevard
Extension (Phase 2)Project No.
60198.Estimated Fiscal Impact:
$3,411,575.
BCC MEETING MARCH 28, 2023
Veterans Memorial Blvd Extension (Phase 2)
Project No. 60198
16.A.7.e
Packet Pg. 701 Attachment: Power Point Presentation (24618 : 101FEE Purchase Agreement (Vet Mem Blvd Ph 2 60198))
Veterans Memorial Blvd Extension
Project No. 60198
BCC MEETING MARCH 28, 2023 Livingston Road
Phase 2 Phase 1
Veteran’s Memorial Boulevard NNew High
School
16.A.7.e
Packet Pg. 702 Attachment: Power Point Presentation (24618 : 101FEE Purchase Agreement (Vet Mem Blvd Ph 2 60198))
Phase 2: 4 to 6 - lane urban divided roadway
From US 41 to East Entrance of GGG High
School Site
Veterans Memorial Blvd Extension (Phase 2)
Project No. 60198
BCC MEETING MARCH 28, 2023
101 FEE
16.A.7.e
Packet Pg. 703 Attachment: Power Point Presentation (24618 : 101FEE Purchase Agreement (Vet Mem Blvd Ph 2 60198))
BCC MEETING MARCH 28, 2023
Parcel 101FEE :
Veterans Memorial Blvd Extension (Phase 2)
Project No. 60198
16.A.7.e
Packet Pg. 704 Attachment: Power Point Presentation (24618 : 101FEE Purchase Agreement (Vet Mem Blvd Ph 2 60198))
Need for Advanced Acquisition of Parcel 101FEE:
BCC MEETING MARCH 28, 2023
•Use as a pond site (rest of project area surrounded by
undisturbed lands);
•Interest for commercial development;
•Willing seller (avoid cost of condemning the property in
the future);
•$3.4M - average of two appraisals:
•Carroll & Carroll: $3,370,000
•RLK Appraisal: $3,430,000
Veterans Memorial Blvd Extension (Phase 2)
Project No. 60198
16.A.7.e
Packet Pg. 705 Attachment: Power Point Presentation (24618 : 101FEE Purchase Agreement (Vet Mem Blvd Ph 2 60198))
Recommendation to approve an
agreement for the purchase of Parcel
101FEE required for construction of
the Veterans Memorial Boulevard
Extension (Phase 2)Project No.
60198.Estimated Fiscal Impact:
$3,411,575.
BCC MEETING MARCH 28, 2023
Veterans Memorial Blvd Extension (Phase 2)
Project No. 60198
16.A.7.e
Packet Pg. 706 Attachment: Power Point Presentation (24618 : 101FEE Purchase Agreement (Vet Mem Blvd Ph 2 60198))
Page 1 of 2
MEMORANDUM
DATE: September 6, 2022
TO: File
FROM: Transportation Planning
RE: Veteran’s Memorial Blvd. – Pond Options
History
Transportation Planning started the Veteran’s Memorial Blvd. Corridor study to evaluate the need for a roadway
connection to alleviate operational conditions in the north portion of the County. The project has three (III) phases
based on the environmental, hydrological geographical and drainage challenges in the area. The stormwater treatment
for Phase I (between Livingston Road and high school main entrance) is complete and no additional land is needed,
but no additional water can be piped or be taken on. Phase II (west of high school main entrance and Seminole
railroad) does not need any additional pond sites and Phase III (west of Seminole railroad and US 41) will require
additional pond sites totaling approximately 7.1 acres. The property south of the Mercedes dealership is required for
the road right-of-way (ROW) and the excess 1.1 acres has already been accounted for in the total pond acreage.
Map overview of the corridor.
Considerations
There are two vacant parcels of land suitable for pond sites.
Parcel 1: The property behind the Mercedes dealership is owned by Meadow Brook Preserve LLC (known as Turtle
Creek) and is encumbered by a South Florida Water Management District (SFWMD) conservation easement. An
16.A.7.f
Packet Pg. 707 Attachment: Transportation Planning Memo (24618 : 101FEE Purchase Agreement (Vet Mem Blvd Ph 2 60198))
Page 2 of 2
analysis which included environmental, hydrological, and engineering evaluations indicated that 6.03 acres is suitable
for a pond site. Initial attempts to work with SFWMD have not been successful. We have been advised that it would
help if the County Manager’s Office (CMO) and the SFWMD Board discussed this approach before any official
request was submitted. The submittal process to move forward with the SFWMD easement vacation includes
submitting the Environmental Resource Permit (ERP) with the SFWMD (DEP) designating the pond in this location.
The vacation of the SFWMD will require the county to find lands suitable for a swap of the conservation easement
lands impacted.
Parcel 2: The Conservation Collier property located on the west side of the railroad has also been evaluated and
determined to be environmental, hydrological and from an engineering perspective suitable for a 2.5-acre pond site.
Preliminary analysis by the consultant indicated that the Conservation Collier easement is a viable option for a second
pond site. While this would reduce the needed area from the SFWMD conservation easement and may make
negotiations easier with them, it does not negate the need to approach SFWMD for an easement for the remaining
3.5 acres necessary for the project.
Next Steps
Coordinate CMO and SFWMD Board discussions regarding approach prior to submitting easement vacation
request. The approach is to move forward solely with the pond on the SFWMD Easement (approximately 6 acres).
If that tactic does not work, a secondary approach is to move forward with a portion of the SFWMD Easement
(approximately 3.5 acres) and a portion of the Conservation Collier Easement (approximately 2.5 acres).
16.A.7.f
Packet Pg. 708 Attachment: Transportation Planning Memo (24618 : 101FEE Purchase Agreement (Vet Mem Blvd Ph 2 60198))
K:\2019\190062.00.01 Veteran's Memorial Extension - Phase 2\001 Project Meeting Attendance\2023-02-20 Technical Memo for Purchase of Parcel 101FEE (rev 1).docx
Page 1
MEMORANDUM
DATE: February 20, 2023
TO: Lorraine Lantz, AICP, CPM
FROM: Christopher Wright, P.E, RWA Inc.
SUBJECT: Purchase of Parcel 101FEE for Roadway and Stormwater Management Improvements
The purpose of this memo is to provide supplemental information to the memo prepared by Transportation
Planning on September 6,2022,and titled “Veteran’s Memorial Blvd. –Pond Options”and to support the purchase
of Parcel 101FEE for Roadway and Stormwater Management Improvements.
The need for the subject parcel was originally identified within the Veteran’s Memorial Boulevard Improvements
Preliminary Drainage & Alternative Pond Siting Analysis (Contract No. 13-6164CE, Project No. 60198), prepared
by RWA Inc. and dated February 2020. Presently RWA is working on an update to this original report under Collier
County Contract No. 18-7432, Project No. 60198. While the amended report is not 100% finalized, we are
confident the need for the parcel is critical to complete the project as currently proposed.
As shown within the county’s September 6th memo the subject parcel is located on the east side of the US 41 right-
of-way. Directly adjacent to both the north and south property lines there is existing commercial development.
The parcel to the north owned by Mercedes Benz has a 90 foot road right-of-way reservation along the south
property line. Based upon the typical 150-foot width of the required right-of-way needed for the proposed
roadway that will ultimately connect US 41 to Old 41,extra land is necessary. Withoutat leasta partial acquisition
of this parcel, the future roadway corridor is not possible. Approximately 31% of the acquired parcel will be for
road right-of-way and the balance of the parcel will be used for a new stormwater management pond to support
the project.
Within the original pond siting report there were five potential pond sites evaluated. Parcel 2 (Conservation
Collier) identified in the county’s memo ranked as the top choice for a new pond site. Parcel 1 (Meadow Brook
Preserve LLC) identified in the county’s memo ranked as the second choice and the subject site ranked as third
best. For reasons stated within the county’s memo,Parcel 2 has been eliminated from consideration. To minimize
impacts as required by the SFWMD caused by the proposed roadway corridor to the existing conservation
easement on Parcel 1, the remaining area of the subject parcel is also required and will serve the purpose of a
second stormwater pond for this project. The need to acquire the entire subject parcel will not change as the
pond siting report is finalized.
The updated and final pond siting report for Collier County Project No. 60198 will be reflective of the information
in this memo and will provide for additional supporting documentation.
16.A.7.g
Packet Pg. 709 Attachment: Technical Memo for Purchase of Parcel 101FEE (24618 : 101FEE Purchase Agreement (Vet Mem Blvd Ph 2 60198))Christopher O.
Wright
Digitally signed by Christopher
O. Wright
Date: 2023.02.20 13:20:32
-05'00'
FAIN #
E-22-UC-120016
Federal Award Date
EST 10/2022
Federal Award Agency
HUD
CFDA Name
Emergency Solutions Grant
CFDA/CSFA#
14,231
Total Amount of Federal
Funds Awarded
$1005000000
Subrecipient Name
The Shelter for Abused
Women & Children, Inc.
UEI#
FJA 1 VKEREQFA
FEIN
59-2752895
R&D
No
Indirect Cost Rate
No
Period of Performance
October 1, 2022 —
September 30, 2023
Fiscal Year End
6/30
Monitor End:
12/2023
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC.
Shelter Operations Program
THIS AGREEMENT is made and entered into this ZOO day of 3J N
2022, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or
"Grantee") having its principal address as 3339 Tamiami Trail East, Naples FL 34112, and THE
SHELTER FOR ABUSED WOMEN & CHILDREN, INC., a private not -for -profit corporation existing
under the laws of the State of Florida, ("SUBRECIPIENT") having its principal office at PO Box 10102,
Naples, FL 34101.
WHEREAS, the COUNTY is an entitlement community of the United States Department of
Housing and Urban Development (HUD) for a grant to execute vid implement the Emergency Solutions
Grant (ESG) program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance
and Rapid Transition to Housing (HEARTH) Act (24 CFR 576) amending the McKinney-Vento Homeless
Act (42 U.S.C. 11371-11378); and
WHEREAS, pursuant to the aforesaid grant, COUNTY is undertaking certain activities to
primarily benefit homeless individuals in Collier County with the use of ESG funds to improve the quality
of life in Collier County by providing assistance for any of the following five (5) program components:
street outreach, emergency shelter, homelessness prevention, rapid re -housing assistance, and Homeless
Management Information System (HMIS); and
WHEREAS, the Board of County Commissioners of Collier County ("Board") approved the
Collier County Consolidated Plan -One-Year Action Plans for Federal Fiscal Year 2022-2023 for the ESG
Program at the June 28, 2022 Board of County Commissioners meeting, Agenda Item jGS,y 00 2Z410.
The Shelter for Abused Women & Children, Inc. (22-SOC-00905]
ES22-a3
Shelter Operations Page 1
G�,O
WHEREAS, in accordance with HUD regulations and Lite Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2022 — 2023
Annual Action Plan, on May 25, 2022, with a 30-day Citizen Comment period from May 25, 2022 to June
25, 2022 ; and
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in the undertaking the Emergency Solutions Grant Project — (ES22-03) Shelter
Operations.
NOW, THEREFORE, inconsideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
PARTI
SCOPE OF SERVICES
SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any
standards required as
a condition of providing
ESG Funds, as determined by
Collier County Community
and Human Services
Division (CHS), perform
the tasks necessary to conduct
the program as follows:
PROJECT DETAILS
Emergency Solutions Grant —Shelter Operations Program: Shelter operations expenses and
personnel salaries to benefit homeless individuals and families in Collier County,
Project Component One: Personnel salaries to support Shelter Operations
Project Component Two: Annual Shelter operations expenses which may include but are not
limited to, utilities, security maintenance and monthly monitoring, trash collection, insurance,
repairs/maintenance, food costs for the facility, pest control and lawn care.
I. Project Tasks:
a. Maintain documentation on all households served, in compliance with
24 CFR 57G.500
b. Provide quarterly reports on meeting an ESG Eligible Activity
c. Attendance by a representative of SUBRECIPIENT Executive Management
at each Partnership Meeting
2. ESG Documentation Requirements Compliance Criteria:
Activities carried out with funds provided under this Agreement will contribute
to a program designed to be the first step in a continuum of assistance to enable
homeless individuals and families to move toward independent living, as well as
prevent homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible
Activities 576.21).
The Shelter for Abused Wmnwr &Children, Ina [22-$OC-00905]
ES22-03
Shelter Operalions Puge 2
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (GO) calendar days ofthe execution of this Agreement, SUBRECIPIENT must
deliver to CHS for approval a detailed project schedule for completion of the project.
B. SUBRECIPIENT nmst submit the following resolutions and policies within sixty (GO) days
of the execution of this Agreement.
Affirmative Fair Housing Policy
Affirmative Action/Equal Opportunity Policy
Affirmative Action Plan
Conflict of Interest Policy (COI) and related COI Forms
Procurement Policy
Uniform Relocation Act Policy
Sexual Harassment Policy
Section 3 Policy
Section 504/ADA Policy
Fraud, Waste, and Abuse Policy
Violence Against Women Act (VAWA) Policy
LGBTQ Policy
Language Assistance and Planning Policy (LAP)
Limited English Proficiency Policy (LEP)
C. Environmental Review Requirement (ERR) —This Agreement does not constitute a
commitment of Funds or site approval. The commitment of Finds or site approval may
occur only upon satisfactory completion of environmental review and either (i) the
determination that the project is Exempt or (ii) the COUNTY's receipt of an approved
request for release of funds and certification from HUD, under 24 CFR Part 58. The
provision of any funds to the project is conditioned on the COUNTY's determination to
proceed with, modify, or cancel the project based on the results of the environmental
review. No program costs can be incurred until an environmental review of the project is
completed and approved by the COUNTY. Further, the SUBRECIPIENT will not
undertake any activity or commit any funds prior to CHS issuance of the Notice to Proceed
(NTP) letter. Violation of this provision may result in the termination of this subaward
and/or the denial of any reimbursement of funds under this Agreement.
D. Annual Subrecipient Training —All SUBRECIPIENT staff assigned to the administration
and implementation of the Project established by this Agreement, shall attend the CHS-
sponsored Annual Subrecipient Fair Housing training, except those who attended the
training in the previous year. In addition, at least one staff member shall attend all other
CHS-offered Subrecipient training relevant to the Project, as determined by the Grants
Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special
condition, must be submitted to the Grant Coordinator, in writing, at least 14 days, prior to
the training.
E, Limited English Proficiency —Persons who, as a result of national origin, do not speak
English as their primary language and who have limited ability to speak, read, write, or
The Shelter for Abused Women & Children, tic. (22-SOC-009051
ES22-03
Sheher operations Page 3
C�,0
understand English ("limited English proficient persons" or "LEP persons") may be
entitled to language assistance under Title VI in order to receive a particular service,
benefit, or encounter. In accordance with Title VI of the Civil Rights Act of 1964 (Title
V1) and its implementing regulations, the SUBRECIPIENT agrees to take reasonable steps
to ensure meaningful access to activities funded with HUD Funds by LEP persons. Any of
the following actions could constitute "reasonable steps", depending on the circumstances:
acquiring translators to translate vital documents; advertisements or notices; acquiring
interpreters for face to face interviews with LEP persons; placing advertisements and
notices in newspapers that serve LEP persons; partnering with other organizations that
serve LEP populations to provide interpretation, translation, or dissemination of
information regarding the project; hiring bilingual employees or volunteers for outreach
and intake activities; contracting with a telephone line interpreter service; etc.
1.2 PROJECT DETAILS
A. Project Description/Budget
The budget identified for the Shelter Operations Project shall be as follows:
Descri tion
Federal Amount
ESG Match l:l
Project Component 1: Personnel salaries to support Shelter
$32,000.00
Operations.
Project Component 2: Annual Shelter operations expenses
$68,000.00
which may include but are not limited to, utilities, security
maintenance and monthly monitoring, trash collection,
insurance, repairs/maintenance, food costs for the facility,
pest control and lawn care.
ESG Match Requirement
Documentation of
$1005000,00
ESG Eligible
Matching Funds
Total Federal Funds: 1
$100,000.00
SUBRECIPIENT will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
® Maintain and provide to the COUNTY, as requested, beneficiary documentation that
supports the benefit of homelessness
®
Provide Quarterly Reports on project progress
®
Provide Leverage Funds Report
®
Ensure attendance by a representative from executive management at quarterly partnership
meetings, as requested by CHS
❑
Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
❑
Identify Lead Project Manager
❑
Provide Site Design and Specifications
❑
Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work
❑
Comply with Davis -Bacon Labor Standards
❑
Provide certified payroll weekly throughout construction and rehabilitation
❑
Comply with Section 3 and maintain documentation
The Shcllcr for Abused \Vonwn S Children, Inc. [22-$OC-0090$]
HS22-03
Starter Opemlions Page d
C�p
❑ Comply with Uniform Relocation Act (URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
❑ Ensure the applicable affordability period is met for the project
B. Program Components/Eligible Activities
All services/activities funded with ESG Funds must meet one of the ESG program components, as
defined in 24 CFR 576:
• Street Outreach: Funds may cover costs related to essential services for unsheltered
persons (including emergency health or mental health care, engagement, case
management, and services for special populations),
• Emereencv Shelter: Funds may be used for renovation of emergency shelter facilities and
the operation of those facilities, as well as services for the residents (including case
management, childcare, education, employment assistance and job training, legal, mental
health, substance abuse treatment, transportation, and services for special populations).
• Homelessness Prevention and Ranid Re -Housing: Both components fund housing
relocation and stabilization services (including rental application fees, security deposits,
utility deposits or payments, last month's rent, and housing search and placement
activities). Housing may also be used for short- or medium -term rental assistance for those
who are at -risk of becoming homeless or transitioning to stable housing.
• HMIS: Funds may be used to pay the costs for contributing data to the HMIS designated
by the Continumn of Care for the area. Eligible activities include computer hardware,
software, or equipment, technical support, office space, salaries of operators, staff training
costs, and participation fees.
C. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Insurance
Insurance Certificate
Upon executed Agreement and
annually within thirty (30) days of
renewal
Special Grant Condition
Policies as stated in this
Within sixty (60) days of executed
Policies Section 1.1
Agreement
Agreement
Detailed project Schedule
Project Schedule
N/A
Project Plans and
Site Plans and Specifications
N/A
Specifications
Procurement Documents (Bid
Independent Cost Estimate
N/A
Packet)*
(ICE)
Method of Procurement
(MOP)
Solicitation Packet
Subcontractor Log
Subcontractor Log
N/A
Quarterly Progress Report
Exhibit C
1. Quarterly, within 10 days
following the quarter end (even if
zero
The Shelter for Abused Women & Children, Ina [22-SOC-00905]
GS22.03
Sheller Operations ['age 5
GAO
2. Final report upon submission of
the final payment request in
Nei hborl
Leverage Funds Report
Exhibit C-1
1. Quarterly, within 10 days
following the quarter end
2. Final report upon submission of
final payment request in Neighborly.
Annual Audit Monitoring
Exhibit D
Annually, within 60 days after FY
Report
end
Financial and Compliance
Audit, Management Letter and
Annually, nine (9) months for Single
Audit
Supporting Documentation
Audit OR one hundred and eighty
180 days after FY end.
Program Income Reuse Plan
Plan Approved by the
N/A
COUNTY
* SUBRECIPIENT's Notice to Proceed may be withheld if procurement deliverables are not
submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables.
SUBRECIPIENT must submit to the COUNTY, for approval, all Change Orders required during
the project. Failure to submit Change Orders in a timely manner, may result in delay or withholding
of payment, as well as, a cease work order until all change orders have been reviewed and approved,
at which time a new Notice to Proceed will be issued.
D. Payment Deliverables
Pa ment Deliverable
Pa ment Su atin Documentation
Submission Schedule
Project Component 1: Personnel
Upon invoicing using Exhibit B. will
Submission of
salaries to support Shelter
reimburse allowable expenses as
monthly payment
Operations.
evidenced by properly completed
request within 30 days
timesheets, payroll registers/summary,
of prior month
payroll cash requirement, banking
documents, canceled checks, and any
additional supporting documentation as
requested.
10% retainage will be withheld on each
payment request. Final 10% ($) released
upon documentation of all beneficiaries
served and a successful closeout
monitoring.
Project Component 2: Annual
Upon invoicing using Exhibit B, will
Submission of
Shelter operations expenses
reimburse allowable expenses with
monthly payment
which may include but are not
documentation including but not limited
request within 30 days
limited to, utilities, security
to properly completed invoices, banking,
of prior month
maintenance and monthly
canceled checks, utility documents(s), and
monitoring, trash collection,
any additional supporting documentation
insurance, repairs/maintenance,
as requested.
food costs for the facility, pest
control and lawn care.
'rhe Shelter for Abused Women & Children, hra [22-SOC-00905]
ES22-03
Shelter Opemlions Page 6
C�'M
10% retainage will be withheld on each
payment request. Final 10% ($) released
upon documentation of all beneficiaries
served and a successful closeout
monitoring.
ESG Match
Exhibit B-1, along with supporting Match
Monthly Match: a
documentation
minimum of dollar -
for -dollar, with each
submitted pay request
Final 10 percent of award amount will be paid upon completion of documentation of all beneficiaries and
final monitoring clearance. Retainage will be deducted from each invoice
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall start on October 1, 2022, and end on September 3Q, 2023 (Term
of Agreement). SUBRECIPIENT's services/activities shall be undertaken and completed
considering the purposes of this Agreement. Any Funds not obligated by the expiration date of this
Agreement shall automatically revert to the COUNTY.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to
SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY
agrees to make available
ONE HUNDRED THOUSAND
DOLLARS AND
ZERO CENTS
($100,000.00) for use by
SUBRECIPIENT during the Term
of the Agreement
(hereinafter referred to as the Funds).
Modifications to the Budget and Scope may only be made if approved in advance. Budgeted Fund
shifts between project components shall not exceed 10 percent or signify a change in scope. Fund
shifts that exceed 10 percent of a project component shall only be made with Board approval.
The COUNTY shall reimburse SUBRECIPIENT for the perfm•mance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of ESG Funds until needed for eligible costs, and
all disbursement requests must be limited to the amount needed at the time of the request. Invoices
for work performed are required every month. SUBRECIPIENT may expend Funds only for
allowable costs resulting from obligations incurred during the term of this Agreement. If no work
has been performed during a month, or if SUBRECIPIENT is not yet prepared to send the required
backup, a $0 invoice is required. Explanations will be required if two consecutive months of $0
invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work
progresses, but not more frequently than once per month. Reimbursement will not occur if
SUBRECIPIENT fails to perform the minimum level of service required by this Agreement.
COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on
information submitted by SUBRECIPIENT and consistent with any approved budget mtd
COUNTY policy concerning payments. With the exception of certain advances, payments
will be made for eligible expenses actually incurred by SUBRECIPIENT, not to exceed
The Sheller for Abused Women & Children, Inc. [22-SOC-0090$]
ES22-03
Shelter Opmvtiare Pnge 7 O
C
actual cash requirements. Payments will be adjusted by CHS in accordance with advance
Fund and program income balances available in SUBRECIPIENT accounts. In addition,
COUNTY reserves the right to liquidate Funds available under this Agreement for costs
incurred by COUNTY on behalf of SUBRECIPIENT.
Final invoices are due no later than 90 days after the end ofthe Agreement. Work performed during
the term of the Agreement but not invoiced within 90 days after the end of the Agreement may not
be processed without written authorization from the Grant Coordinator.
CHS may withhold any pay request until approved by CHS for grant compliance and adherence to
any and all applicable Local, State, or Federal requirements, including timely submission of
Performance Deliverables contained in Section 1.2.C. Late submission of deliverables or
evidence of project inactivity may cause payment suspension of any open pav requests until
the required deliverables are received or substantial m•oiect progression occurs, as
determined by CHS. Except where disputed for noncompliance, payment will be made upon
receipt of a properly completed invoice, and in compliance with sections 218.70-218.80, Florida
Statutes, otherwise known as the "Local Government Prompt Payment Act."
1.5 MATCH REQUIRED
SUBRECIPIENT must match ESG grant funds dollar -for -dollar, pursuant to 24 CFR 576.201.
Matching funds shall be provided after the date of the grant award. Funds used to match a previous
ESG grant may not be used to match a subsequent grant award. SUBRECIPIENT may comply with
its requirement by providing the matching funds from any source, including any Federal source
other than the ESG program, as well as State, Local, and private sources. SUBRECIPIENT must
ensure the laws governing any Federal funds to be used do not prohibit those funds from being used
to match ESG funds. To meet the required match, the matching contributions must meet all
requirements that apply to the ESG Funds provided by HUD, as required by 24 CFR 576.201(c).
Matching contributions may be in the form of the following:
1. Cash contributions
2. Non -cash contributions calculated per requirements in 24 CFR 576.201(e), including the value
of any real property, equipment, goods, or services contributed to SUBRECIPIENT's ESG
program, provided that, if SUBRECIPIENT had to pay for them with grant Funds, the costs
would have been allowable. Non -cash contributions may include:
a. The purchase value of any donated material or building. SUBRECIPIENT shall
determine the value of any donated material or building, or any lease, using a method
reasonably calculated to establish a fair market value.
b. Match in the form ofservices provided by individuals must be valued at rates consistent
with those ordinarily paid for similar work in SUBRECIPIENT's organization. If
SUBRECIPIENT does not have employees performing similar work, the rates must be
consistent with those ordinarily paid by other employers for similar work in the same
labor market.
3. Costs paid by program income shall count toward meeting SUBRECIPIENT's match
requirements, provided the costs are eligible ESG costs that supplement the ESG program.
The Sheller for Abused Women @ ChiWrcn, Inc. [22-$OC-00905]
ES22-03
Shelter Operations Page R
1.6 LEVERAGE FUNDS
In some instances, the award provided by COUNTY is not enough to cover the entire cost of the
project. Other funds are included and considered to be leveraged funds. Leveraged funds must
adhere to all Federal, State and COUNTY rules as it pertains to the project. Leveraged funds must
be identified, tracked, and verifiable in the SUBRECIPIENT's records at monitoring closeout.
Leveraged resources must also meet the following criteria to be allowable as leverage:
a. Expenditures of leveraged funds or resources are permitted only for eligible activities
and allowable costs under the cost principles specified by the OMB Circulars
referenced in this Agreement. Expenditures must be necessary and reasonable for
proper and efficient accomplishments of project or program objectives.
b. Leveraged resources committed on one project may not be used as leverage or match
for any other project or program.
c. Leveraged resources must represent newly created resources covering expenditures
that would not be incurred if the award were not made.
d. Leveraged resources may not be Federal funds under a different award, except where
Federal statute allows their use for cost sharing (such as the Community Development
Block Grant program).
e. Third -party cash or in -kind contributions offered as leverage require a commitment
letter on company letterhead signed by the individual who is in a position to commit
the in -kind contribution. The contribution is only allowable if not utilized towards
matching dollars.
1.7 COST PRINCIPLES
Payments to SUBRECIPIENT rare governed by Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.7-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to
the project(s) referenced above, as defined in 2 CFR 200.413. SUBRECIPIENT must provide
adequate documentation for validating costs incurred. Payments to SUBRECIPIENT's contractors
and vendors are conditioned upon compliance with the procurement requirements provided in 2
CFR 200,318-200.327. Allowable costs incurred by Subrecipients and Contractors shall comply
with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E, however
the COUNTY is, and may impose requirements upon the Developer to remain compliant with the
COUNTY's obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
controls and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this Agreement.
1,8 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, facsimile, a• other electronic means. Any notice delivered
or sent as aforesaid shall be effective on the date of delivery or sending, All notices and other
written communications under this Agreement shall be addressed to the individuals in the capacities
indicated below, unless otherwise modified by subsequent written notice,
The
Shelter for Abused Wonun & Children, hia [22-SOC-00905]
GS22-U3
Shelter Operations Page 9
��Q
COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator
Collier County Government
Community and Human Set -vices Division
3339 Tamiami Trail East, Suite 213
Naples, Florida 34112
Email: Carolyn.Noble@colliercountyfl.gov
Telephone: (239) 450-5186
SUBRECIPIENT ATTENTION; Linda Oberhaus, Chief Executive Officer
The Shelter for Abused Women & Children, Inc.
P.O. Box 10102
Naples, FL 34101
ail: loberhaus@naplesshelter.org
Telephone: (239)2804350
Remainder of Page Intentimtally Left Blanit
The Shelter for Abused Wamm� &Children, btc. [22-SOC-00905]
FS22-03
Shclicr Opcmtimts - Page 10
PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during nw•mal business hours and as often as the COUNTY (and/or its representatives)
may deem necessary, SUBRECIPIENT shall make available all records, documentation, and any
other data relating to all matters covered by the Agreement for review, inspection, or audit.
SUBRECIPIENT must fully clew• any deficiencies noted in audit reports within 30 days after
receipt. Failure to comply with the above audit requirements will constitute a violation of this
Agreement and may result in withholding of future payments. SUBRECIPIENT hereby agrees to
have an annual agency audit conducted in accordance with current COUNTY policy concerning
SUBRECIPIENT audits.
The determination of Federal award amounts expended shall be in accordance with guidelines
established by 2 CFR Pall 200, Subpart F-Audit Requirements,
2.2 RECORDS AND DOCUMENTATION
SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to
determine compliance with the requirements of this Agreement, the ESG Program, and all other
applicable laws and regulations. This documentation shall include but is not limited to the
following:
A. All records required by ESG regulations.
B. SUBRECIPIENT shall maintain public records [hat ordinarily and necessarily would be
required by COUNTY to perform the service.
C. SUBREC[P[ENT shall make available at any time upon request by the COUNTY or CHS
all reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for the
purpose of this Agreement. Materials identified in the previous sentence shall be in
accordance with generally accepted accounting principles (GAAP), procedures, and
practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this Agreement, including matching finds and Program
Income. These records shall be maintained to the extent of such detail as will properly
reflect all net costs, direct and indirect labor, materials, equipment, supplies, and services,
and other costs and expenses of whatever nature for which reimbursement is claimed under
the provisions of this Agreement.
D. Upon completion of all work contemplated under this Agreement, copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested, hi any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion and in
a readily accessible, permanent, and secured location for five (5) years after the date of
'fhc Shcllcr for Abused Women R Children, Inc. [22-$OG00905]
FS22-U3
Sherter Operations Page I I AO
r'
submission of the annual performance and evaluation report, as prescribed in 24 CFR
576.500 (y). However, if any litigation, claim, or audit is started before the expiration date
of the five (5) year period, the records will be maintained until all litigation, claim, or audit
findings involving these records are resolved. If SUBRECIPIENT ceases to exist after
closeout of this Agreement, it must notify the COUNTY in writing, of the address where
the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all
requirements for retaining public records and transfer, at no cost to the COUNTY, all
public records in SUBRECIPIENT's possession upon termination of the Agreement and
destroy any duplicate, exempt, and/or confidential public records that are released from
public records disclosure requirements. All records stored electronically must be provided
to the COUNTY in a format that is compatible with the COUNTY's information
technology systems,
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'$ DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679,
Michael.Brownleencolliercountyfl.g_ov, 3299 Tamiami Trail E, Naples FL 341120
E. SUBRECIPIENT shall establish and maintain income eligible files on clients served, and
documentation that all households are eligible under HUD Income Guidelines.
SUBRECIPIENT agrees that CHS shall be the final arbiter on SUBRECIPIENT's
compliance.
F. SUBRECIPIENT shall document how it complied with the Program Component(s), as
defined in 24 CFR 576.100, and the eligibility requirement(s) under which funding has
been received. This includes special requirements such as necessary and appropriate
determinations, as defined in 24 CFR 576,100; income certification; and written
agreements with beneficiaries, where applicable.
G. SUBRECIPIENT shall provide the public with access [o public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that exempt or confidential public records that are released
from public records disclosure requirements are not disclosed, except as authorized by 2
CFR 200.337 and 2 CFR 200.338.
2,3 MONITORING
During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual
Audit Monitoring repol•t (Exhibit D) no later than GO days after SUBRECIPIENT's fiscal year end.
it addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management
Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for
Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The
COUNTY will conduct an annual financial and programmatic review.
'fhc Shcller for Abused Women k Children[tic, [22-SOC-00905]
FS22-03
Sheaer Opemlions Page 12
C,W
SUBRECIPIENT agrees that CHS may carry out no fewer than one annual on -site monitoring visit
and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review
of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is
dependent upon satisfactory evaluations. SUBRECIPIENT shall, upon request by CHS, submit
information and status reports required by CHS or HUD to enable CHS to evaluate said progress
and allow for completion of its required reports. SUBRECIPIENT shall allow CHS or HUD to
monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as
determined by CHS or HUD.
The COUNTY will monitor the performance of SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or nonperformance based on goals and performance standards as stated with all other
applicable laws, regulations, and policies governing the Funds provided under this Agreement,
further defined by 2 CFR 200.332. Substandard performance, as determined by the COUNTY, will
constitute noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action
within a reasonable time period after being notified by the COUNTY, Agreement suspension or
termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office
of Inspector General, the General Accounting Office, COUNTY, or the COUNTY's internal
auditor(s) access to all records related to performance of activities in this Agreement.
2,4 PREVENTION OF FRAUD, WASTE, AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures
sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of
this Agreement, and provide for proper and effective management of all Program and fiscal
activities of the Agreement. SUBRECIPIENT's internal control systems, all transactions, and other
significant events are to be clearly documented, and the documentation shall be readily available
for monitoring by COUNTY.
SUBRECIPIENT shall give COUNTY complete access to all its records, employees, and agents
for the purpose of monitoring al• investigating the per%rmance ofthe Agreement. SUBRECIPIENT
shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and
abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement, or any law or regulation, to the COUNTY or any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for nouconrpliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failw•e to implement or make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant fwrds
from CHS. The escalation policy for noncompliance is as follows:
Initial noncompliance may result in CHS issuing Findings or Concerns the
SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan
to CHS within 10 business days following issuance of the report.
The Shcltcr fmAbused Wmnen fi Children, hia [22-SOC-00905]
eszz-os
Shelter Opetatians Page 13
G�O
• Any pay requests that have been submitted to CHS for payment will be held until
the corrective action plan has been submitted.
• CHS will be
available to
provide Technical Assistance
(TA)
to SUBRECIPIENT,
as needed, to
correct the
noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan in a timely manner, CHS
may require a portion of the awarded grant amount to be returned to the COUNTY.
• CHS may require SUBRECIPIENT to return upwards of 5 percent of the award
amount to the COUNTY, at the discretion of the Board.
• SUBRECIPIENT may be denied future consideration as set forth in Resolution
No.2013-228.
3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously
corrected and has been informed by CHS of their substantial noncompliance, by
certified mail, CHS may require a portion of the awarded grant amount or the amount
of the ESG investment for acquisition of the properties conveyed, to be returned to the
COUNTY.
• CHS may require SUBRECIPIENT to return upwards of I0 percent of the award
amount to the COUNTY, at the discretion of the Board.
• SUBRECIPIENT will be in violation of Resolution No. 2013-228.
4. If after repeated
notification, SUBRECIPIENT
continues
to be substantially
noncompliant, CHS
may recommend the Agreement
or award be
terminated.
• CHS will make a recommendation to the Board for immediate termination of the
Agreement. SUBRECIPIENT will be required to repay all Funds disbwsed by the
COUNTY for the terminated project. This includes the amount invested by the
COUNTY for the initial acquisition of properties or other activities.
• SUBRECIPIENT will be in violation of Resolution No. 2013-228.
If SUBRECIPIENT has multiple agreements with CHS and is found to be noncompliant,
the above sanctions may be imposed across all awards at the Board's discretion.
2.6 R);PORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of
project activity may result in withholding of payment or issuance of a Notice of
Noncommliance.
9'he Shelter for Abused Women Rc Children, Ina [22-SOC-00905]
ES22.63
Sheller Opemlions F'xge 14 AO
Cr
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the I Oth day of January, April, July, and October, respectively, for the prior quarter
period end. As part of the report submitted in October, SUBRECIPIENT also agrees to include, a
comprehensive final report covering the agreed -upon Program objectives, activities, and
expenditures including but not limited to, performance data on client feedback with respect to the
goals and objectives set forth in Exhibit C, which contains a sample reporting form to be used in
fulfillment of this requirement. Additionally, all leveraged funds utilized in support of this project
will be submitted on Exhibit C-I as part of the final report. Other reporting requirements may be
imposed by the County Manager or designee in the event of Program changes, the need for
additional information or documentation arises, and/or if legislative amendments are enacted.
Reports and/or requested documentation not received by the due date shall be considered delinquent
and may be cause for default and termination of this Agreement.
Remainder of Page Intentionally Left Blank
The shcller for Abused Wumen R Children, htc. �QQ_$QC_QQ�o$�
GS22-03
Sheller Opetnlions P:�nc I S GWO
PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement
may be
assigned or subcontracted without the written
consent of the
COUNTY, which consent,
if given
at all, shall be at the COUNTY's sole discretion
and judgment.
3.2 GENERAL COMPLIANCE
SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning the
HEARTH Act. SUBRECIPIENT also agrees to comply with all other applicable Federal, State,
and Local laws, regulations, and policies governing the Funds provided under this Agreement.
SUBRECIPIENT further agrees to utilize Funds available under this Agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating
or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall
always remain an "independent contractor" with respect to the services to be performed under this
Agreement The COUNTY shall be exempt from payment of all Unemployment Compensation,
FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as the
SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY a• SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization, and approved by the COUNTY's Board. Such
amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or
SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or
governmental guidelines, policies, available funding amow3ts, or other reasons. If such
amendments result in a change in the finding, scope of services, or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate tiom HUD ESG grant funds and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing ESG Funds pertaining to this Agreement. In the event of
curtailment or non -production of said Federal Funds, the financial sources necessary to continue to
pay SUBRECIPIENT all or any potion of the Funds will not be available. In that event, the
COUNTY may terminate this Agreement, which shall be effective as of the date that it is
The Shelter for Abused Women & Children, lire. [2MOC-00905]
ES22-03
Shelter Opemlions Page 16
G�,O
determined by the County Manager or designee, in his or her sole discretion and judgment, that the
Funds are no longer available. In the event of such termination, SUBRECIPIENT agrees that it will
not look to, nor seek to hold the COUNTY, nor any individual member of the County
Commissioners and/or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT
under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maxinmm extent permitted by Florida law, the SUBRECIPIENT shall indenmify and hold
harmless Collier County, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to reasonable attorneys' and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers,
servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting
under the direction, control, or supervision of the SUBRECIPIENT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature
whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall
pay all costs (including attorney's fees) and judgments which may issue thereon. This
Indenmification shall survive the termination and/or expiration of this Agreement. This section
does not pertain to any incident arising from the sole negligence of the COUNTY. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in
section 768.28, Florida Statutes. This Section shall survive the expiration or termination of this
Agreement.
3.7 COUNTY RECOGNITION/SPONSORSHIPS
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the Program sponsorships, research reports, and similar public notices, whether
printed or digitally prepared, and released by SUBRECIPIENT for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED IN PART BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER
COUNTY COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity to the general public. Construction signs shall comply with applicable
COUNTY codes.
3.8 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.340, this Agreement may be terminated for convenience by either
the COUNTY or SUBRECIPIENT, in whole m• in part, by setting forth the reasons for such
termination, the effective date, and in the case of partial terminations, the portion to be terminated.
However, in the case of a partial termination, if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the COUNTY may
The Sharer for Abused Women k Children, Inc. [22-$OC-0090$]
ES22-03
Shelter Operations Pxgc 17
terminate the award in its entirety. This Agreement may also be terminated by the COUNTY if the
award no longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement:
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as
may become applicable at any time
B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper
manner
C, Ineffective or improper use of Funds provided under this Agreement
D. Submission of reports to the COUNTY that are incorrect or incomplete in airy material
respect
E. Submission of any false certification
Failure to materially comply with any terms of this Agreement
G. Failure to materially comply with the terms oY'any other agreement between the COUNTY
and SUBRECIPIENT, relating to the Project
In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any
combination of one or more of the following remedies:
A. Require specific performance of the Agreement, in whole or in part
B. Require the use of or change in professional property management
C. Require SUBRECIPIENT to immediately repay to the COUNTY all ESG Funds that it
received under this Agreement
D. Apply sanctions, if determined by the COUNTY to be applicable
E. Stop all payments until identified deficiencies are corrected
F. Terminate this Agreement, by giving written notice to SUBRECIPIENT specifying the
effective date of such termination. If the Agreement is terminated by the COUNTY as
provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any
incomplete project activities undertaken under this Agreement.
The Shelter for Abused Women &Children, Inc. [22-SOC-00905]
FS22-U3
Sheller Operations page IR
3.9
3.10
3.11
3.12
3.13
SUSPENSION AND DEBARMENT
SUBRECIPIENT certifies that neither it, not its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by a Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, as outlined in Executive Orders
12549 (1986) and 12689 (1989), Suspension and Debarment and 2 CFR 200.214, as further detailed
in Section 4.18,
REVERSION OF ASSETS
In the event of a termination or upon expiration of the Agreement, in addition to any and all other
remedies available to the COUNTY (whether under this Agreement, or at law or in equity),
SUBRECIPIENT shall immediately transfer to the COUNTY any Funds on hand at the time of
termination (or expiration) and any accounts receivable attributable to the use of ESG Funds,
The COUNTY's receipt of any Funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
Funds, as the COUNTY may deem necessary. Regulations regarding real property and equipment
are subject to 2 CFR 200.311.
INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement, until
all required insurance, as outlined at Exhibit A and 2 CFR 200.310 has been obtained. Said
insurance shall be carried continuously during SUBRECIPIENT's performance under the
Agreement.
ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and
Scope of Work (Part I), the Uniform Adminish•ative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (2 CFR 200 et seq), and the Federal regulations for the
Emergency Solutions Grant. (24 CFR 576 et seq.)
PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 tluough
200.327) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds are:
Range:
Competition Required
$0 - $50 000
3 Written uotes
$5001+
I Formal Solicitation QTB, RFP, etc.
All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or be put out to competitive bidding, under a procedure acceptable to the COUNTY
and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible,
and qualified bidder. Contract administration shall be conducted by SUBRECIPIENT and
monitored by CHS, which shall have access to all records and documents related to the project.
'fhe Shcher for Abused Women @Children, Inc. [22-SOC-00905]
FS22A3
Shelter Operations Page 19
�AQ
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall
procure, acquire, or use goods, products or materials produced in the United States.
h� accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323.
3.14 PROGRAM -GENERATED INCOME
No Program Income is anticipated. However, if Program Income is derived from the use of ESG
Funds disbursed under this Agreement, such Program Income shall be used by the
SUBRECIPIENT for an eligible ESG project activity approved by the COUNTY. Any Program
Income (as such term is defined under applicable Federal regulations) gained from any
SUBRECIPIENT activity frmded by ESG shall be reported to the COUNTY through an annual
Program Income Re -use Plan, utilized by SUBRECIPIENT accordingly, and shall be compliant
with 2 CFR 200.307 and 24 CFR 576.201(f). When Program Income is generated by an activity
that is only partially funded with ESG Funds, the income shall be prorated to reflect the
percentage of ESG Funds used. If there is a Program Income balance at the end of the Program
Year, such balance shall revels to the COUNTY's ESG Program, for further reallocation.
3.15 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation [o the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but are not limited to making final
payments, disposing of program assets (including the return of all unused materials, equipment,
program income balances, and receivable accounts to the COUNTY), and determining the
custodianship of records. In addition to the records retention outlined in section 2.2 (Records and
Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021 Florida
Statutes regarding records maintenance, preservation, and retention. A conflict between State and
Federal records retention requirements will result in the more stringent law being applied, such that
the record must be held for the longer duration. Any balance of unobligated Funds which have been
advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount to
which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be
refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that
comply with section 215.97, Florida Statutes, the Florida Single Audit Act. Closeout procedures
must take place in accordance with 2 CFR 200.344 and ensure all Federal grant requirements have
been completed.
3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
SUBRECIPIENT agrees that no person shall be excluded from the benefits of or be subjected to
discrimination under any activity carried out by the performance of this Agreement based on race,
color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of
such discrimination, the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, homeless individuals have priority over other Section 3 residents,
in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urbau Development Act of
1968, as amended (12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 75 requires
that, to the greatest extent practicable, employment and economic opportunities be directed to low-
'fhe Shclrcr for Abated l4mnar fi Children, Inc. [22-SOC-00905]
FS22-a3
Shelter Operaliont Pace 2a O
C
and very low-income residents of the area, and that contracts for work in connection witli the project
be awarded to business concerns that provide economic opportunities for low- and very low-income
persons residing in the metropolitan area (as defined in 42 U.S.C. 5302(a)) in which the project is
located.
To the maximum extent practicable, SUBRECIPIENT shall involve homeless individuals and
families in constructing, renovating, maintaining, and operating facilities assisted under ESG,
providing services assisted under ESG, and providing services for occupants of facilities assisted
under ESG. This involvement may include employment or volunteer services. Section 3 is relative
to any of the SUBRECIPIENT's subcontractors, their successors and assigns, to those sanctions
specified by the Agreement through which Federal assistance is provided. SUBRECIPIENT shall
comply with Section 3 of the Housing and Community Development Act of 1968 and certifies and
agrees that no contractual or other disability exists that would prevent compliance with these
requirements.
3.17 OPPORTUNITIES FOR SMALL AND MBVORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's
business enterprises the maximum practicable opportunity to participate in the performance of this
Agreement. As used in this Agreement, the term "small business" means a business that meets the
criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and
"minority and women's business enterprise" means a business that is at least 51 percent owned and
controlled by minority group members or women. For the purpose of this definition, "minority
group members" are Black Americans, Hispanic Americans, Asian/Pacific Americans,
Native Americans, and Hasidic Jews.. SUBRECIPIENT may rely on written representations
by businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
3.18 PROGRAM BENEFICIARIES
As defined by 24 CFR 576.2, 100 percent of the beneficiaries receiving ESG Funding through this
Agreement must be homeless or at risk of homelessness. Income eligibility of beneficiaries will be
validated by reviewing supporting documentation, during any interim and/or closeout monitoring.
3.19 AFFIRMATIVE ACTION PLAN
SUBRECIPIENT agrees that it is committed to carrying out an Affirmative Action Program,
pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. Prior to the award of Funds, SUBRECIPIENT shall
submit to the COUNTY for approval, a plan for an Affirmative Action Program. If the Affirmative
Action Plan is updated during the Performance Period of this Agreement, the updated plan must be
submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT's
contracting officer will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice advising the labor
union or worker's representative of SUBRECIPIENT's commitments hereunder, and shall post
copies of the notice in conspicuous places available to all employees and applicants for
employment.
The Shelter for Abused Women fi Children, Ina [22-SOC-00905]
FS22-03
Shelter Opemtions 14ge 21
f A�
3.20 CONFLICT OF INTEREST
SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree
with the performance of this Agreement, and that no person having any conflict of interest shall be
employed or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that it will
comply with all provisions of 24 CFR 576.404 "Conflict of Interest," 2 CFR 200.318, Florida
Statute 287.057 and any additional State and County statutes, regulations, ordinances, or
resolutions governing conflicts of interest.
SUBRECIPIENT will notify the COUNTY, in writhrg, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person or an entity
owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees.
Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors
shall be disclosed, in writing to CHS provided however, that this paragraph shall be interpreted in
such a manner so as not to unreasonably impede the statutory requirement that maximum
opportunity be provided for employment of and participation of low- and moderate4ncome
residents of the project target area.
3.21 EMERGENCY SHELTERS
Any emergency shelter that receives assistance for shelter operations must also meet minimum
safety, sanitation, and privacy standads (Exhibit E), as required by 24 CFR 576.403(b).
3.22 PERMANENT HOUSING
Housing that program participants who receive ESG assistance to remain or move into must meet
the minimum habitability standards (Exhibit F) provided in 24 CFR 576,403(c) and all applicable
State and Local housing codes, licensing requirements, and any other requirements in the
jurisdiction in which the housing is located regarding the condition of the structure and the
operation of the housing.
3.23 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
SUBRECIPIENT must document its compliance with the requirements of 24 CFR 576.400(a) for
consulting with the Continuum of Care and coordinating and integrating ESG assistance with
programs targeted toward homeless people and mainstream service and assistance programs
(Exhibit G).
3.24 HOMELESS PARTICIPATION
SUBRECIPIENT must document its compliance with homeless participation requirements under
24 CFR 576.405(c),
The Sheller for Abused women fi Children, Inc. [22-SOC-00905]
ES22-G3
Shelter Operations Page 22
G�,O
3.25 BYRD ANTI -LOBBYING AMENDMENT
Each tier certifies that the tier above it will not, and has not, used Federally appropriated Funds to
pay any person or organization for influencing or attempting to influence the award of Federal
Funds, as covered by 31 USC 1352, and more fully described in Section 4.53 of this Agreement.
Contractors who apply or bid for an award of $100,000 or more shall file the required certification.
3.26 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND
PROCEDURES
SUBRECIPIENT must maintain documentation evidencing the use of and written intake
procedures for the centralized or coordinated assessment system(s) developed by the Continuum of
Care, in accordance with the requirements established by HUD and identified in 24 CFR
576.500(g).
3.27 CONDITIONS FOR RELIGIOUS ORGANIZATIONS
ESG Funds may be used by religious organizations or on property owned by religious organizations
only in accordance with requirements set in Section 24 CFR 576,406, SUBRECIPIENT shall
comply with First Amendment Church/State principles as follows:
A. [t will not discriminate against any employee or applicant for employment and will not
limit or give preference in employment to persons based on religion.
B. [t will not discl•ilninate against any person applying for public services and will not limit
such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry on its mission, including the definition, practice, and expression of its
religious beliefs, provided that it does not use direct ESG Funds to support any inherently
religious activities, such as worship, religious instruction, or proselytizing,
D. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities, ESG Funds may not
exceed the cost of those portions of the acquisition, construction, or rehabilitation that are
attributable to eligible activities in accordance with the cost accounting requirements
applicable to ESG Funds in this part. Sanctuaries, chapels, or other rooms that an ESG
Funded religious congregation uses as its principal place of worship, however, are
ineligible for ESG Funded improvements.
3.28 INCIDENT REPORTING
If
SUBRECIPIENT provides client services under this Agreement, SUBRECIPIENT and any of
its subconh•actors shall report to the COUNTY knowledge or reasonable suspicion of abuse,
neglect, or exploitation of a child, aged person, ol• disabled person.
'fhc Sheller far Abused Women R Children, Ina [22-SOC-U0905]
L:S22.03
Shelter Operalinns P,Ve 23
3.29 SEVERABILITY
Should any provision
of the Agreement
be determined
to be
unenforceable
of invalid, such
determination shall not
affect the validity or enforceability
of any
other section or
part thereof.
3.30 MISCELLANEOUS
SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives,
and assigns of such other party in respect to all covenants of this Agreement.
SUBRECIPIENT represents and warrants that the financial data, reports, and other information it
furnished to the COUNTY regarding the Project are accurate and complete, and financial
disclosures fairly represent the financial position of SUBRECIPIENT.
SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement
and its governing body has authorized the execution and acceptance of this Agreement.
SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and
bind the SUBRECIPIENT to the terms of this Agreement.
The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida, without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations, all applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and
guidelines, including but not limited to any applicable regulations issued by CHS.
Electronic Signatures, This Agreement, and related documents entered into in connection with this
Agreement, are signed when a parry's signature is delivered by facsimile, e-mail, or any other
electronic medium. These signatures must be treated in all respects as having the same force and
effect as original signatures.
3.31 WAIVER
The COUNTY'S failure to act with respect to a breach by SUBRECIPIENT does not waive its
right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
Remainder of Page Intentionally Left Blanlc
'rhe Sheller for Abased Women S Children, hie. [22-$OC-00905]
ES22-U3
Sheller Operations Page 24
f Ap
PART IV
GENERAL PROVISIONS
4.1 24 CFR Part 576 Emergency Solutions Grants Program, as amended —All regulations regarding
the ESG Program.
eCFR: 24 CFR Part 576 -- Emergency Solutions Grants Program
4.2
24 CFR 58 - The regulations prescribing the Environmental Review procedure.
litters:/hvww. ecfr.
gov/cgi-bin/text-
idx?SID=
l acdb92f3
b05c3f285dd76c26d
14f54e&mc=true&node=pt24.1.58&rgn=div5
4.3
Section 104(d) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended Section 109 of the
HCD Act of
19741
HUD.gov
/
U.S.
Department of
Housing
and Urban Development (HUD)
Section 104(d) of the Housing and Community Development Act of 1974, as amended (see 42 USC
5304(d)) - HUD Exchange
4A
Title VI of the Civil Rights Act of 1964 as amended,
littps://%vww,hud.gov/prop,ramdescription/title6
Title Vill of the Civil Rights Act of 1968, as amended
495
24 CFR 576.407 - The regulations issued pursuant to 24 CFR 5.105(a) and Executive Order 11063
which prohibits discrimination and promotes equal opportunity in housing.
eCFR:
24
CFR
576.407
-- Other
Federal
requirements.
eCFR: 24 CFR 5.105 -- Other Federal requirements,
4.6
Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations.
EO 11246:
https:/hvww.dol,gov/agencies/ofccp/executive-order-11246/as-amended
4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Oppottunity Act of
1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission
eeoc. ov
4.8 24 CFR 75 —Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, and all
applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and binding upon the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
The Sheller for Abused Women R Children, Inc, [22-$OC-00905]
eszz-os
Shelter OPerri oils Page 25
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
eCFR :: 24 CFR Part 75 -- Economic Opportunities for Low- and Very Low -Income Persons
SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the
following language in all subcontracts executed under this Agreement:
The work to be performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires
that, to the greatest extent feasible, opportunities for training and employment be given to low- and
very low-income residents of the project area, and that contracts for work in connection with the
project be awarded to business concerns that provide economic opportunities for low- and very
low-income persons residing in the metropolitan area in which the project is located."
Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers
and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If the
SUBRECIPIENT is unable to meet these benchmarks, efforts taken to meet the requirements
must be described. Examples include job fairs held, on the job training conducted, outreach
efforts to public housing residents, and connecting residents to supportive services.
SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising
in connection with a housing rehabilitation (including reduction and abatement of lead -based paint
hazards), housing construction, or other public construction project are given to low- and very low-
income persons residing within the metropolitan area in which the CDBG-funded project is located;
where feasible, priority should be given to low- and very low-income persons within the service
area of the project or the neighborhood in which the project is located, and to low- and very low-
income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead- based paint
hazards), housing construction, or other public construction project to business concerns that
provide economic opportunities for low- and very low-income persons residing within the
metropolitan area in which the CDBG-funded project is located; where feasible, priority should be
given to business concerns that provide economic opportunities to low- and very low-income
residents within the service area or the neighborhood in which the project is located, and to low -
and very low-income participants in other HUD programs.
https://NvwNv.liud.gov/sites/docuinents/DOC 12047.PDF
SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
https://Nvww.ecfr.gov/current/title-24/subtitle-A/part-75
4.9 Age Discrimination Act of 1975, Executive Order t 1063, and Executive Order 11246 as amended
by Executive Ordets 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
littl)S:H%v%vNv.law.cortiell.edu/uscode/text/42/chapter-76
11246: https://www.dol. ovg /ofccp/reps/statutes/CoI1246.htm
1 1375: Amended by EO 11478
11478: https://Rr%Vw.arclliyes,goy/federal-register/codification/executive-order/I 1478.html
12107:littps://www.arcilives.v
12086:https://\vww.arcliives.pov/federal-register/codification/executive-order/ 12086.titiiil
The Shclrer for Abused Women &Children, Ina [22-SOC-00905]
GS22-U3
Shelter Operations Page 2(
A;
4.10 Equal access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5.106.
https://Avww.govregs.com/regulations/expand/titte24 part5 subpartA section5.106
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
littl)s://Nvw%v.dol.gov/wlid/re,gs/statutes/safeo l . pd f
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), and 24 CFR 570.614 Subpart K.
Section 504: https://www.epa. og v/ocr
29 USC 776: httus://Iaw.onecte.com/uscode/29/776.litmi
24 CFR 570.614: https://www.law.cornell.edu/efr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://wwAv.liud.gov/hudprograms/eoliudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://rnvw.fliwa.doLgov/real estate/uniform act/index.cfin
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all
construction contracts funded by CDBG.
Davis -Bacon Act: 42 USC 276a to 40 USC 276a:
https://uscode.house.gov/view.xhtm I?req=granuleid:USC-1999-title40-section276a-
7&num=0&edition=1999
29 CFR Part 3 -Contractors and Subconhactms on public building m• Public Work Financed, in
whole min part, by Loans of Grants fiom the United States
ittps://Nvww.law.comell.edu/cfr/text/29/part-3
29 CFR Part 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Conhact
Work Hours and Safety Standards Act)
ittps://www.law.cornell.edu/cfr/text/29/pail-5
Executive Order 11914 -Prohibits discrimination with respect to the handicapped, in federally
assisted projects.
httns://www.gresideiicy.ucsb.edu/ws/index.plip?pid=23675
4.16 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with
the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or
subcontractors front inducing an employee to relinquish any part of his/her compensation, under
the Federally Funded contract.
18 U.S.C. 874 https:/Avww.govitifo.pov/content/pkoJUSCODE-2010-titlel8/i)df/USCODE-2010-
title 18.pdf
40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-
section276c&num=0&edition=1999
The Sheller for Abused \vomcn R ChilJren, Inc. [22-$QC-00905]
ES22-03
Sheller Operations Puge 27
CN
4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
littps://xvwNv.archives.pov/federal-register/codification/executive-order/ 11625.html
4.18 SUBRECIPIENT agrees to comply with the non-discrimination in employment and conhacting
opportunities laws, regulations, and executive orders referenced in 24 CFR 576.407, as revised by
Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA
are still applicable.
24 CFR 576.407:
https://www.ecfr. eov/c2i-biii/text-
idx?c=ecfrsid=dc4c2f93cdadit18974315fa2bfdf4cec;ren=div5:view--text;node=24%3A3.1.1.3.8;i
dno=24:cc=ecfr
E.O. 13279: https//www.fedgovconhacts.com/pe02-96.htm
4.19 Public Law 100-430 -the Fair Housing Amendments Act of 1988.
Ir[tps://ivwNv.ncbi.iilm.iiih.gov/pubined/ 12289709
4.20 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Acconunodations Under the Fair Housing
Act, https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www. iustice.eov/crt/fair-housing-act- t
Executive Order 11063 —Equal Opportunity in Housing https://www.archives.gov/fedei-al-
revister/codification/executive-order/ 11063.html
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
https://Nvww.arcliives.gov/federal-register/Codificatioil/executive-order/ 12259.litmi
24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O.
[iUps://ivw%v.law.cortiell.edu/cfil/text/24/Tail- 107
4.21 2 CFR 200 et seq -Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://mvw.ecfr.gov/cai-bin/text-idx?tpl=/ecfrbrowse/'ritle02/2cfi•200 main 02.tpl
4.22 2 CFR 216 —Prohibition on certain telecommunications and video surveillance services or
equipment COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or
grant funds to: t) procure or obtain funds; 2) extend or renew a contract to procure or obtain; or 3)
enter into an contract (or extend or renew a contract) to procure or obtain equipment, services, or
systems that use(s) covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system.
4.23 Immigration Reform and Control Act of 1986
htt us://www.eeoc.gov/eeoc/I r i stow/35 th/thel aw/i rca, htm
4.24 Prohibition of Gifts to COUNTY Employees - No organization or individual shall of%r or give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 53111
'rhe Shelter for Abused women k Children, Inc. [22-$OC-00905]
[S22.03
Sheller Operations Page 28
GQ,O
Florida Statutes-
https://Nvww.lawsetaver.coin/law/state/florida/statutes/florida_statutes_chapter_ 112_part_iii
Collier County-
http://www.colliergov.net/home/ShoNvdocument?id=35137
4.25 Order ofPrecedence - hi the event ofany conflict between or among the terms of any ofthe Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.26 Venue -Any suit of action brought by either party to this Agreement against the other party, relating
to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in
Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.27 Dispute Resolution - Prior to the initiation ofany action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision -making authority and by
COUNTY's staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section 44.102,
Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County,
Florida, if in state court and the US District Court, Middle District of Florida, if in federal court.
BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT,
https://www.flsenatc.gov/Laws/Statutes/2012/44.102
4.28 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 4l USC 7401, et seq. ht�t s://www.eovinfo.eov/content/pkg/USCODE-
20 I 0-t itle42/htm I/USCODE-2010-titl e42-chap85. htm
httl)s://Nvww.law.cornell.edu/uscode/text/42/cliapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
littps://www.govinfo.jxov/content/pkg/USCODE-2011-title33/pdf/USCODE-201 1-title33-
chap26.pdf
https:/Avww.law.cornell.edu/uscode/text/33/chanter-26
4.29 Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and
Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines
https://www.epa. gov/etiforcem a ndresource-co iiservat i on-and-recovery-act-rc ra-and-federal-
facilities
https://www.law.corne I I.edu/cfr/text/40/247.1
The shelter for Abused women & Children, [nc. (22-SOC-009051
l S22A3
Shelter operations Page 29
CN
4.30 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002),
the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having
special flood hazards, flood insurance under the National Flood Insurance Program is obtained and
maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA,
which would satisfy this requirement and/or reduce the cost of said flood insurance.
littps://www.law.cornell.edu/cfi&/text/24/570.605
4.31 SUBRECIPIENT agrees that any conshvctiou or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to the HUD Lead- Based Paint Poisoning
Prevention Act, found at 24 CFR 570,608, Subpart K.
Lead -Based Paint - HUD Excltanee
4.32 SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement.
https://www.achp.eov/sites/default!files/reeula[ions/2017-02/regs-rev04.�df
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State or Local historic property list.
4.33 SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the
Drug -Free Workplace Act of 1988 (41 USC 701).
httns://www.goo.gov/fdsys/granuletUSCODE-2009-title4l /USCODE-2009-title4l -chap 10-
sec701
4.34 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction as outlined in Executive order
12549.
htts://Nvww.arcilives. ov/federal-re ister/codification/executive-order/I2549.html
4.35 SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and
agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.36 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. Subrecipients exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's
fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit report,
The Sheller for Abused Women & Children, Inc. [22-$0Q-0090$]
GS22•U3
Shelter Opemlions Pngc 30
f �0
the COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
lrttps://www.ecfi•. pov/cgi-bi n/text-
idx?SID=S a78addefff9a535e83 fed3010308 aef&m c=true&node=se2.1.200 1344&rgn=di v8
4.37 Any real property acquired by SUBRECIPIENT for carrying out the projects stated herein and
approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and 49 CFR 24, shall be subject to the provisions of 24
CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A
displaced person must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601
et seq.). This pol icy does not require providing a person a larger payment than is necessary to enable
a person to relocate to a comparable replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D).
https://Nvww.gpo.yov/fdsys/granule/CFR-2009-title49-vol I /CFR-2009-title49-vol t-part24
4.38 As provided in § 287.133, Fla•ida Statutes, by entering into this Agreement or performing any work
in furtherance hereof, SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3) (a), Florida Statutes,
littp://www.leg.state.fl.us/Statutes/index.cfni?App mode=Display Statute&Search Suing=&UR
L=0200-0299/0287/Sections/0287.133. htm I
4.39 No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub -awards at all tiers (including
subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.40 SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement
shall be in any way or to airy extent engaged in the conduct of political activities in violation of
Chapter 15 of Title V of the U.S.C. (Hatch Act).
litti)s:Hhvww.pt)o.pov/fdsys/granule/USCODE-2009-title4l /USCODE-2009-title4l -chap 10-
sec701 /content-detai I.htnil
4.41 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
littps:Hwww.gsa.gov/poiltal/content/104877
The Slid ter for Abused Women R Children, Inc. [22-SOC-00905]
ES2M3
Shelter Operations Page 31
G��
4.42 Housing Counseling, including homeownership counseling or rental housing counseling, as defined
in §5.100, required under or provided in connection with any program administered by HUD shall
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111.
eCFR: 24 CFR Part 214 Subpart D -- Proeram Administration
liftps://%vwNv.law.cornell.edu/cfis/text/24/5.1 11
4.43 Unaccompanied youth wtder 25 years of age, or families with children and youth who do not
otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are
defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)),
Section 637(11) of the Head Start Act 42 U.S,C. 9832(l1)), Section 41403(6) of the Violence
Against Women Act of 1994 (42 U.S,C. 14043e-2(6)), Section 330(h)(5)(A) of the Public Health
Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of the Food and Nutrition Act of 2008 7
U.S.C.2012(nt)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(15)),
Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2))
https://xvww.federalreaister.zov/documents/2016/ 12/20/2016-30241 /runaway-and-lionteless-
youth
4.44 HUD Final Rule —Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://Nvww.federai registei-.gov/documents/2016/ 11 / 16/2016-25888/violence-against-wonren-
reauthorization-act-of-2013-implementation-i n-hud-housingprogrants
4.45
Any rule or regulation determined to be applicable by HUD.
4.46
Florida Statutes section 448.095 Employment Eligibility. Per Florida
Statutes section 448.095(3),
all Florida private employers are required to verify employment eligibility for all new hires
beginning January 1, 2021. Eligibility determination is not required
for continuing employees hired
prior to January 1, 2021.
http://Nvww.leg.state.fl.us/statutes/iiidex.cfni?App
mode
--Display
Statute&URL=0400-
0499/0448/0448.htm1
4.47
Florida Statutes section 713.20, Part I, Construction Liens
his://www.leg.state,fl.tis/Statutes/index.cfm?App
mode=Display
Statute&URL=0700-
0799/0713/0713.html
4.48
Florida Statutes section 119,021 Records Retention
htti)://www.leg.state,fl,us/Statutes/itidex.cfii?App
mode=Display
Statute&URL=0100-
0199/0119/Sections/0119.021.1itnil
4.49
Florida Statutes section 119.071, Contracts and Public Records
http://Nvww.lea.state,fl,us/Statutes/itidex.efnr?App mode=DisplAy
Statute&URL=0100-
0199/0119/Sections/0119.071.htnil
'the Shelter for Abused Women fi Children, Ota [22-SOC-00905]
FS22-U3
Shelter Opemtimrs Puge 32
Gip
4.50 Limited English Proficiency: SUBRECIPIENT agrees to take reasonable steps to provide
meaningful access to the program/project and activities funded under this Agreement for persons
with limited English proficiency pursuant to information located at
htto://www.lei).aov.
4.51 Equal Treatment of Faith -Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD to fund explicitly religious activities.
SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see
https://o*p.gov/about/ocr/partnerships.litm. Discrimination based on religion in employment is
generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a
case -by -case basis to allow some faith -based organizations to receive HUD funds while taking into
account religion when hiring staff. Questions in this regard should be directed to the Office for
Civil Rights.
4.52 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context, except when specifically authorized. SUBRECIPIENT agrees to avoid
the misuse of arrest or conviction records to screen applicants for employment or employees for
retention or promotion that may have a disparate impact based on race or national origin, resulting
in unlawful employment discrimination unless use is otherwise specifically authorized by law.
See littps://ojp.gov/about/ocLpdfs/UseofConviction Advisolypdf for more details.
4.53 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): SUBRECIPIENT will not use vrd has not
used federal appropriated funds to pay at any tier, either directly or indirectly, any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of Congress
in correction with obtaining any federal contract, grant, or any other award or subaward covered
by 31 U.S.C. § 1352, Each tier shall also disclose any lobbying with nonfederal funds that takes
place in connection with obtaining any federal award or subaward. Such disclosures are forwarded
from tier to tier up to the recipient. SUBRECIPIENT shall comply with the lobbying restrictions
of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers,
employees and its subcontractors hereunder comply with all applicable local, state, and federal laws
and regulations governing advocacy of and appearances before any legislative body. None of the
funds provided under this Agreement shall be used for publicity or propaganda purposes designed
to support or defeat any legislation pending before local, state, or federal legislatures.
4.54 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal, employee, agent, contractr•, subgrantee, subcontractor, or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving subaward agreement funds. 18 U.S. Code & 1001 -
Statements or entries generally I U.S. Code I US Law I Lll / Legal Information Institute (cornell.edu)
Beneficiaries are subject to this False Claims Act that include the following: 31 U.S.C. 3729 -False
claims -Document in Context - USCODE-2010-title3l-subtitlelll-chao37-subchaplll-sec3729
(povinfo.gov)
3I U.S.. Co_d_e S 3729 - False claims I U.S. Code I US Law I Lll / Legal Information Institute
(cornell.edu)
7tw Shcllcr nor Abused Women &Children, Ina [22-SOC-00905]
ES22-03
Shelter Opemtions Pnge 33
��Q
4.55 Political Activities Prohibited: None of the finds provided directly or indirectly under this
Agreement shall be used for any political activities or to further the election or defeat of any
candidates for public office. Neither this Agreement nor any funds provided hereunder shall be
utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4.56 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October I, 2009), HUD encourages
recipients and subrecipients to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course of performing work funded by HUD and to establish
workplace safety policies and conduct education, awareness, and other outreach to decrease crashes
caused by distracted drivers.
4.57 Trafficking in Persons: SUBRECIPIENT agrees to, at any tier, comply with all applicable
requirements (including requirements to report allegations) pertaining to prohibited conduct related
to the trafficking of persons, whether on the part of SUBRECIPIENT and any employees of
SUBRECIPIENT. The details of the SUBRECIPIENT's obligations related to prohibited conduct
related to the trafficking of persons are posted at
httos://O%P,gov/funding/Explore/Proh ibitedConduct-Trafficking.htm.
4.58 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT
understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in
support of any contract or subaward to either ACORN or its subsidiaries, without the express prior
written approval of OJP.
4.59 If SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental, or research work under this funding agreement, SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401, "Rights of Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements,"
and any implementing regulations issued by HUD.
https://www.ecfr. gov/cg_i-
bin/retrieveECFR?gp=&SID=a004b6bi20934ace7a717de76ldc64c0&mc=true&n=pt37.1.401 &r
=PART&tv=HTML
Signahu•e Page to Follow
The Sheller fmAbused women.@ Children, Inc. [22-SOC-00905]
FS22-03
Sheller Opelm oils Page 34
IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST:
CRYSTAL K. KINZEL, CLERK
\D�epst i�lrk Fj
Dated:C.i�/
Attestae to Chairm+ln'e
5loatufe only.
WI'�SSES:
Witness #I Si nature
e5� tJ , .J ce"fr - f
Wi s#I Printed Name
Witnness�#2 Signature
9w `�- t4"Qck
Witness #2 Printed Name
Assistant County Attorney
513112022
Date: CI �- � Z6 1 Z.
AS TO THE COUNTY:
BOARD OF COLWY COMMISSIONERS OF
COLLIER COUjLOItiR�
Y 1 '
B:
L. McDANIEL, JR.,
AS TO SUBRECIPIENT:
THE SHELTER FOR ABUSED WOMEN &
CHILDREN, INC.
LINDA OBERHAUS, CHEF EXECUTIVE
OFFIrC_ER �j y
Date: `� / �,
[Please provide evidence of signing authority]
The Shelter for Abused Women & Childfeq Inc. [2i-$OC-0090$]
FS22-03
Sheller Operations Page 35 Q
EXHIBIT A
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
Workers' Compensation as required by Chapter 4405 Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier Comity shall be named as an additional
insured.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in I — 3 above, a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT m• the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this contract. This insurance shall be maintained for a period of two (2) years after
the Certificate of Occupancy is issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPE[NT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior to
any construction:
Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one
hundred (100%) percent of the insurable value of the buildings) or stvcuue(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under
the National Flood Insurance Program is obtained and maintained as a condition of financial
assistance for acquisition or construction purposes (including rehabilitation).
The Shelrer for Abused Wumen R Children, hro. [22-SOC-00905]
ES22-03
Shelter Opemlions Pnge 36
CQ,O
OPERATION/MANAGEMENT PHASE (1F APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept in
force throughout the duration of the loan and/or contract.
T Workers' Compensation as required by Chapter 440, Florida Siatides.
8. Commercial General Liability including products and completed operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%)
of the replacement cost of the property. Collier County must be shown as a Loss payee with respect
to this coverage A.T.I.M.A (As Their Interest May Appear).
11, Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee
with respect to this coverage A.T.LM.A.
The Shclter for Abused Women &Children, hm. [22-SOC-00905]
ES22-03
Shclter Opetntions P.\qe 37
Cep
EXHIBIT B
COLLIER COUNTY COMMUNITY &HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: THE SHELTER FOR ABUSED WOMEN &CHILDREN, INC.
SUBRECIPIENT Address: PO BOX 10102, NAPLES, FL
Project Name: SHELTER OPERATIONS
Project No: ES22-03 _ Payment Request #
Total Payment Minus Retainage
PeriodofAvailability: -through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient
CHS Approved
1. Grant Amount Awarded
$
$
2. Total Amount of Previous Requests
$
$
3. Amount of Today's Request (Net of Retainage, if
applicable)
$
$
4. Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage)
$
$
I certify that this request far payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as tite SUBRECIPIENT. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Authorizing Grant Accountant
Supervisor (Approval required $15,000 and Division Director (Approval Required
above) $I5,000 and above)
The Sheller Tor Abused Women fi Children, Inc. [22-SOC-00905]
ES22-03
Shelter Operations R1ge 3R
Gp,O
EXHIBIT B-I
Match Form
Collier County Request for Match
SECTION 1: REQUEST FOR PAYMENT
Subreci ientName:
THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC.
Subreci lent Address:
PO BOX 10102, NAPLES, FL
Pro•ectName:
SHELTER OPERATIONS
Project No: ES22-03
I Match Re uest #
Match Amount Re uest Today:
$0.00
SECTION I: STATUS OF FUNDS
I.
Total Match Amount per Agreement
$0.00
2.
Total Amount of Previous Match Submitted (Insert
Amount)
$0,00
3.
Total Match Amount Awarded Per Agreement Less
Total Amount of Previous Match Submitted
$0,00
4.
Amount of Today's Request (Insert Amount)
$0,00
5.
Match Balance (Match per Agreement less the Sum of
All Match Submitted)
$0.00
I certify that this request for paymenthnatch has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and its as SUBRECIPIENT/DEVELOPER. To the best of my knowledge and
belief all grant requirements have been followed.
Signature
Authm•izing Grant Coordinator
Supervisor
Authorizing Grant Accomltant
Department Director
The Shcllcr for Abused Women k ChilJray Ina �22_$QC_00905�
ES22-03
Sheller Opemtimrs ge 39
Gip
EXHIBIT C
Emergency Solutions Grants (ESG)
Quarterly Performance Report
Subreci ientName:
THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC.
Report Period:
Fiscal Year:
Contract Number:
Organization/s:
Program/s:
Contact Name:
Contact Number:
ES22-03
ESG
JULIE FRANKLIN
Activit Re ortin Period
Re ort Due Date
October
1"— December 31"
January 10'
January
1"— March 3151
Aril 10t°
April I"
—June 30'
Jul 10"'
Jul 1"—
September 30"'
October 10"
Characteristics Report
I. Report Selection Criteria
Ethnicity
Quarter
YTD
Race
Non-
Hispanic
Hispanic
Non -
Hispanic
Hispanic
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
Other/Multi-Racial
2. Number of adults and children sewed:
a. Residential
uw•ter
YTD
Number of Adults
Number of Children
Number of Unknown Age
b. Non -Residential
Number of Adults
Number of Children
Number of Unknown Age
The Shelter for Abused Women &Children, Inc. [22-SOC-00905]
ES22-03
Shelter Opcmlions Pnge 40
CN
3. Number of individuals/families served, by categories:
Quarter
YTD
a. Number of individual households
(singles)
Male
Female
Male
Female
Unaccompanied 18 and over
Unaccompanied 17 and under
Quarter
YTD
b. Number of Families with children
Male
Female
Male
Female
Headed by single 18 and over
Headed by single 17 and under
Headed by two parents 18 and over
Headed by two parents 17 and under
Number of Families with no children
TOTAL
4. Total proiect(s)/service(s) provided to clients in ran¢e:
Quarter
YTD
a. emergency shelter facilities shelter
b. vouchers for shelters
c. drop -in center
d.food panhy
e. mental health
f. alcohol/drug
g. childcare
h. employment
i. transitional
•, outreach
k. soup kitchen/meal distribution
I. health care
m. HIV/AIDS services
n. other lease list
TOTAL
5. Number of clients served b sub population du licated count
Quarter
YTD
a. Chronicall Homeless
OL
b. Victims of Domestic Violence
c. Elden
d. Veterans
e. Individuals with HIV/AIDS
f. Chronic Substance Abuse alcohol and/or drug)
u. Severely Mentally Ill
h. Runaway / thro%vaway youth
i. Other disability (Physical and/or Developmental)
TOTAL
(Chronically Homeless- HUD definition of a chronically homeless person is an unaccompanied /romeless
individaa! (Pith a disabling condition who has either: I) been continuously howeless•far• a year a ma•e, m•
2) has had at least four episodes of homelessness in the past three years.)
'llu Sheller for Abused Women k Children, lue. [22-SOC-00905]
ES22-03
Shelter Opemdous Page 41
6. Clients Housed by shelter type:
Quarter
YTD
Barracks
Group/Large House
Scattered Site Apartment
Single Family Detached House
Single Room Occupancy
Mobile Home/Trailer
Hotel/Motel
Other A altment/Com lex
Other Single -Family Duplex
Other
TOTAL
I hereby cel4ify the above information is true and accurate.
Signature:
Printed Name:
Title:
Your tvaed name here rem•esents vaur electronic sienatme.
Date:
The Shcllcr for Abused Womcn R Children, Inc. [22-SOC-00905]
ES22-03
Shelter Operations Page 42
C,Q'O
EXHIBIT C-1
Emergency Solutions Grants (ESG) Leveraged Funds Wpm t
Leveraged Funds must be
identified, tracked,
and verifiable. Resources
must be fully identified and
described as submitted With
SUBRECIPIENT's
application.
SubrecipientName:
THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC.
Report Period:
Fiscal Year:
Contract Number:
Program:
Contact Name:
Contact Number:
ES22-03
ESG
JULIE FRANKLIN
Leveraged Fmrds
See EXAMPLE below for how to complete this form.
Source
Amount
Type
Use
Total Project Cost
Ratio;
EXAMPLE
Source
Amount
Type
Use
CDBG
$1, opo
Other Federal
Funds
Land Acquisition
HOME
$870,000
Federal Funds
Infrastructure
Private Donation
$152005000
Cash & In -Kind
Infrastructure
Philanthropic
$3,500,000
Cash — local funds
52 units Affordable Housing
Total Project Cost
$6,5701000
Ratio:
$1 Federal Dollar $2.51 Local
Funds
Signature Page to Follow
The Sheller for Abused Wamen R Children, hie• [22-SOC-00905]
ES22-03
Shelter Opemlions Pugc 43
C�O
I hereby certify the above information is true and accurate.
Signature:
Printed Name:
Title:
Your tuned name here rem•esents vour electronic sianatm•e.
Date:
'fhe ShCher for Abused Women @Children, Inc. [22-SOC-l1119115]
ES22-03
Shelter Operations ruse 44
G��
EXHIBIT D
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Pall 200.332 requires Collier County to monitor subrecipients of federal awards to determine if
JTM
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding the organization's compliance. In determining Federal
awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity
related to the Federal award occurs, including any Federal award provided by Collier County. The determination
of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200,
Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215,97)
requirements.
Subrecipient
THE SHELTER FOR ABUSED WOMEN &CHILDREN, INC.
Name
First Date of Fiscal Year MM/DD/Y
Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance Expended during most
Total State Financial Assistance Expended
recently completed Fiscal Year
during most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been
El
met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be
completed by . Copies of the audit report and management letter are attached or
will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed die expenditure threshold for the fiscal year indicated above
❑
❑ Are a for -profit organization
❑ Are exempt for other reasons —explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter,
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we understand
El
that the audit report contains a written response to the finding(s), we are requesting an updated
status of the corrective action(s) being taken. Please do not provide just a copy of the written
response from your audit report, unless it includes details of the actions, procedures, policies, etc.
implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature
Date
Print Name and Title
The Shelter for Abused Women k Children, Ina [22-SOC-00905]
ES22-U3
Shelter Operations V> c45
IM:IIFIpie MOM
EMERGENCY SHELTERS
Minimum Standards
The SUBRECIPIENT
must adhere
to 24 CFR 576.403(b) for
the following minimum standards for
Emergency Shelters, as
applicable:
24 CFR 576.403(b): Minimum standards fa• emergency shelters. Any building for which Emergency
Solutions Grant (ESG) funds are used for conversion, major rehabilitation, or other renovations, must meet
State or Local government safety and sanitation standards, as applicable, and the following minimum safety,
sanitation, and privacy standards. Any emergency shelter that receives assistance for shelter operations
must also meet the following minimum safety, sanitation, and privacy standards. The COUNTY may also
establish standards that exceed or add to these minimum standards.
(1)
Str•ucttu•e and materials. The shelter building must be structurally sound to protect residents
from the elements and not pose any threat to health and safety of the residents. Any
renovation (including major rehabilitation and conversion) carried out with ESG assistance
must use Energy Star and WaterSense products and appliances.
(2)
Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation
Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act
(42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of
the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where
applicable.
(3)
Space and security. Except where the shelter is intended for day use only, the shelter must
provide each program participant in the shelter with an acceptable place to sleep and
adequate space and security for themselves and their belongings.
(4)
Interior air quality. Each room or space within the shelter must have a natural or
mechanical means of ventilation. The interior air must be free of pollutants at a level that
might threaten or harm the health of residents.
(5)
Water supply. The shelter's water supply must be free of contamination.
(6)
Sanitaty facilities. Each program participant in the shelter must have access to sanitary
facilities that are in proper operating condition, are private, and are adequate for personal
cleanliness and the disposal of human waste.
(7)
Thermal environment. The shelter must have any necessary heating/cooling facilities in
proper operating condition.
(8)
Illumination and electricity. The shelter must have adequate natural or artificial
illumination to permit normal indoor activities and support health and safety. There must
be sufficient electrical sources to permit the safe use of electrical appliances in the shelter.
(9)
Food preparation. Food preparation areas, if any, must contain suitable space and
equipment to store, prepare, and serve food in a safe and sanitary manner.
(10)
Sanitaty conditions. The shelter must be maintained in a sanitary condition.
(l 1)
Fire safety. There must be at least one working smoke detector in each occupied unit of
the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire
alarm system must be designed for hearing -impaired residents. All public areas of the
shelter must have at least one working smoke detector. There must also be a second means
of exiting the building in the event of fire or other emergency.
The ShCller for Abused Wumen &Children, Inc. [22-SOC-01190$]
ES22.03
Shelter Opeiulions Page 46
f �Q
EXHIBIT F
PERMANENT HOUSING
The SUBRECIPIENT
must adhere
to 24 CFR 576.403(b)
for the following minimum standards for
Permanent Housing, as
applicable:
24 CFR 576.403(c): Mininumr standards fa pervnanent Iro:rsing. The SUBRECIPIENT cannot use ESG
funds to help a program participant remain or move into housing that does not meet the minimum
habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed
or add to these minimum standards.
(1)
Sh•uclure and materials. The sh•uctw•es must be structurally sound to protect residents from
the elements and not pose any threat to health and safety of the residents.
(2)
Space and security. Each resident must be provided adequate space and security for
themselves and their belongings. Each resident must be provided an acceptable place to
sleep.
(3)
Interior air quality. Each room or space must have a natural or mechanical means of
ventilation. The interior air must be free of pollutants at a level that might threaten or harm
the health of residents.
(4)
Water supply. The water supply must be free of contamination.
(5)
Sanitary facilities. Residents must have access to sanitary facilities that are in proper
operating condition, are private, and are adequate for personal cleanliness and the disposal
of human waste.
(6)
Thernnal environnnent. The housing must have any necessary heating/cooling facilities in
proper operating condition.
(7)
Illumination and electricity. The structure must have adequate natural or artificial
illumination to permit normal indoor activities and support health and safety. There must
be sufficient electrical sources to permit the safe use of electrical appliances in the
structure.
(8)
Food preparation. All food preparation areas must contain suitable space and equipment
to store, prepare, and serve food in a safe and sanitary manner.
(9)
Sanitary conditions. The housing must be maintained in a sanitary condition.
(10)
Fire safety. There must be at least one working smoke detector on each occupied level of
the residences. Where possible, smoke detectors must be located near sleeping areas. The
fire alarm system must be designed for hearing -impaired residents. All public areas of the
housing must have at least one working smoke detector. Public areas include, but are not
limited to, laundry rooms, community rooms, hallways, stairwells, and other common
areas. There must be a second means of exiting the building in the event of fire or other
emergency.
The Shelter for Abused Women &Children, Ina [22-SOC-00905]
FS22-03
Shelter Operations Rigc 47
&P
EXHIIHT G
COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and
other programs.
(a) Cons:dtation wish the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the
Continuum of Care to determine how to allocate ESG funds each program year; develop the
performance standards for, and evaluate the outcomes of, projects and activities assisted by ESG
funds; and develop funding, policies, and procedures for the administration and operation of the HMIS.
(b) Coadinnliort tinilh outer Imgeled homeless services. The SUBRECIPIENT and COUNTY must
coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other
programs targeted to homeless people in the area covered by the Continuum of Care or area over which
the services are coordinated to provide a strategic, community -wide system to prevent and end
homelessness for that area. These programs include:
(1)
Shelter Plus Care Program (24 CFR part 582)
(2)
Supportive Housing Program (24 CFR part 583)
(3)
Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for
Homeless Individuals (24 CFR part 882)
(4)
HUD -Veterans Affairs Supportive Housing (HUD—VASH) (division K, title II,
Consolidated Appropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026 (May 6,
2008))
(5)
Education for Homeless Children and Youth Grants for State and Local Activities (title VII—
B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq. ))
(6)
Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services
Act (42 U.S.C.290aa-5)
(7)
Healthcare for the Homeless (42 CFR part 51 c)
(8)
Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C.
5701 et seq.))
(9)
Projects for Assistance in Transition from Homelessness (part C of title V of the Public
Health Service Act (42 U.S.C. 290cc-21 et seq.))
(10)
Services in Supportive Housing Grants (section 520A of the Public Health Service Act)
(11)
Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331 et seq.))
(12)
Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence,
Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and
Law Enforcement Act (42 U.S.C. 13975))
(13)
Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans
Comprehensive Assistance Act (38 U.S.C. 2021))
(14)
Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043)
(15)
VA Homeless Providers Grant and Per Diem Program (38 CFR part 61)
(16)
Health Care for Homeless Veterans Program (38 U.S.C. 2031)
(17)
Homeless Veterans Dental Program (38 U.S.C. 2062)
(18)
Supportive Services for Veteran Families Program (38 CFR part 62)
(19)
Veteran Justice Outreach Initiative (38 U.S.C. 2031)
The Shcircr (or Abused Women R Children, Ina [22_$QC_00905]
GS22-03
Shelter Opemtiuns Pnge 4S
(c) System and program coordination with mainsU•eam resources. The SUBRECIPIENT and COUNTY
must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with
mainstream housing, health, social services, employment, education, and youth programs for which
families and individuals at risk of homelessness and homeless individuals and families may be eligible.
Examples of these programs include:
(1) Public housing programs assisted uuder Section 9 of the U.S. Housing Act of 1937 (42
U.S.C. 1437g) (24 CFR parts 905, 968, and 990)
(2) Housing programs receiving tenant -based or project -based assistance under Section 8 of
the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts 982 and 983)
(3) Supportive Housing for Persons with Disabilities (Section 81 l) (24 CFR part 891)
(4) HOME Investment Partnerships Program (24 CFR part 92)
(5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265)
(6) Health Center Program (42 CFR part 51c)
(7) State Children's Health Insurance Program (42 CFR part 457)
(8) Head Start (45 CFR chapter XIII, subchapter B)
(9) Mental Health and Substance Abuse Block Grants (45 CFR part 96)
(10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq.)
(d) Cenh•alized or coordinated assessment. Once the Continuum of Care has developed a centralized
assessment system or a coordinated assessment system in accordance with requirements to be
established by HUD, each ESG funded program or project within the Continuum of Care's area must
use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of
Care to ensure the screening, assessment, and referral of program participants is consistent with the
written standards required by paragraph (e) of this section. A victim service provider may choose not
to use the Continuum of Care's centralized or coordinated assessment system.
(e) Wi•itlen standards for• providing ESG assistance. The SUBRECIPIENT must have written standards
for providing ESG assistance and must consistently apply those standards for all program participants.
At a minimum, these written standards must include:
(l) Standard policies and procedures for evaluating individuals' and families' eligibility for
assistance under ESG.
(2) Standards for targeting and providing essential services related to street outreach.
(3) Policies and procedures for admission, diversion, referral, and discharge by emergency
shelters assisted under ESG, including standards regarding length of stay, if any, and
safeguards to meet the safety and shelter needs of special populations, e.g., victims of
domestic violence, dating violence, sexual assault, and stalking; and individuals and
families who have the highest barriers to housing and are likely to be homeless the longest.
(4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and
families' needs for essential services related to emergency shelter.
(5) Policies and procedures for coordination among emergency shelter providers, essential
services providers, homelessness prevention, and rapid re -housing assistance providers;
other homeless assistance providers; and mainstream service and housing providers (see
§576.400(b) and (c) for a list of programs with which ESG-funded activities must be
coordinated and integrated to the maximum extent practicable).
(6) Policies and procedures for determining and prioritizing which eligible families and
individuals will receive homelessness prevention assistance and which eligible families
and individuals will receive rapid re -housing assistance.
'fhe Shelter for Abased \Noma; & Children, [tic. [22-SOC-00905]
ES22-03
Sheller Opemlions 1age 49
(1) Standards for determining what percentage or amount of rent and utilities costs each
program participant must pay while receiving homelessness prevention or rapid re -housing
assistance.
(8) Standards for determining how long a program participant will be provided with rental
assistance and whether and how the amount of that assistance will be adjusted over time.
(9) Standards for determining the type, amount, and duration of housing stabilization and/or
relocation services to provide a program participant, including the limits, if any, on the
homelessness prevention or rapid re -housing assistance that each program participant may
receive; such as the maximum amount of assistance, maximum number of months the
program participant receives assistance, or the maximum number of times the program
participant may receive assistance.
(fj Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served, and all
activities assisted under ESG are entered into the applicable community wide HMIS or a comparable
database, in accordance with HUD's standards on participation, data collection, and reporting under a
local HMIS. If the SUBRECIPIENT is a victim service provider or a legal services provider, it may
use a comparable database that collects client -level data over time (Le., longitudinal data) and
generates unduplicated aggregate reports based on the data. Information entered in a comparable
database must not be entered directly into or provided to an HMIS.
The Shelter for Abused Nomai & Childrejy hia [22-SOC-00905]
ES22-U3
Sheller Opemtimis page SU O
FAIN #
E-22-UC-120016
Federal Award Date
EST 10/2022
Federal Award Agency
HUD
CFDA Name
Emergency Solutions Grant
CFDA/CSFA#
14,231
Total Amount of Federal
Funds Awarded
$305677,60
Subrecipient Name
Youth Haven, Inc.
UEI#
H53EDBJFE816
FEIN
23-7065187
R&D
No
Indirect Cost Rate
No
Period of Performance
October 1, 2022 —
September 30, 2023
Fiscal Year End
6/30
Monitor End:
12/2023
AGREEMENT BETWEEN COLLIER COUNTY
AND
YOUTH HAVEN, INC.
Shelter Operations Program
THIS AGREEMENT is made and entered into this 28t11 day of June
2022, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or
"Grantee") having its principal address as 3339 Taniiami Trail East, Naples FL 34112, and YOUTH
HAVEN, INC., a private not -for -profit corporation existing under the laws of the State of Florida,
("SUBRECIPIENT") having its principal office at 5867 Whitaker Road, Naples, FL 34112.
WHEREAS, the COUNTY is an entitlement community of the United States Department of
Housing and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions
Grant (ESG) program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance
and Rapid Transition to Housing (HEARTH) Act (24 CFR 576) amending the McKinney-Vento Homeless
Act (42 U.S.C. 11371-11378); and
WHEREAS, pursuant to the aforesaid grant, COUNTY is undertaking certain activities to
primarily benefit homeless individuals in Collier County with the use of ESG funds to improve the quality
of life in Collier County by providing assistance for any of the following five (5) program components:
street outreach, emergency shelter, homelessness prevention, rapid re -housing assistance, and Homeless
Management Information System (HMIS); and
WHEREAS, the Board of County Commissioners of Collier County ("Board") approved the
Collier County Consolidated Plan -One-Year Action Plans for Federal Fiscal Year 2022-2023 for the ESG
Program at the June 28, 2022 Board of County Commissioners meeting, Agenda Item I(a i) ..� .
Youlh Haven, Inc
ES22-02
S iclter Personnel
Page I
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Amoral Action Plans, the COUNTY advertised the 2022-2023 Annual
Action Plan, on May 25, 2022 , with a 30-day Citizen Comment period from May 25, 2022 to June 25,
2022 ; and
WHEREAS, the COUNTY and SUBRECIPIENT wish to set it the responsibilities and
obligations of each in the undertaking the Emergency Solutions Grant Project — (ES22-02) Shelter
Personnel,
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
PART
SCOPE OF SERVICES
SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as
a condition of providing ESG Funds, as determined by Collier County Community and Human Services
Division (CHS), perform the tasks necessary to conduct the program as follows:
PROJECT DETAILS
Emergency Solutions Grant —Shelter Personnel: Personnel salary for a Youth Advocate to benefit
homeless youth in Collier County,
Project Component One: Personnel Salary for a Youth Advocate
I. Project Tasks:
a. Maintain documentation on all households served, in compliance with
24 CFR 576.500
b. Provide quarterly reports on meeting an ESG Eligible Activity
c. Attendance by a representative of SUBRECIPIENT Executive Management
at each Partnership Meeting
2. ESG Documentation Requirements Compliance Criteria:
Activities carried out with funds provided under this Agreement will contribute
to a program designed to be the first step in a continuum of assistance to enable
homeless individuals and families to move toward independent living, as well as
prevent homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible
Activities 576.21).
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution ofthis Agreement, SUBRECIPIENT must
deliver to CHS for approval a detailed project schedule for completion of the project.
Youth Ilavcn, Inc
rszz-oz
Shelter Yorsonncl
Page 2
B. SUBRECIPIENT must submit the following resolutions and policies within sixty (60) days
of the execution of this Agreement.
Affirmative Fair Housing Policy
Affirmative Action/Equal Opportunity Policy
Affirmative Action Plan
Conflict of Interest Policy (COI) and related COI Forms
Procurement Policy
Uniform Relocation Act Policy
Sexual Harassment Policy
Section 3 Policy
Section 504/ADA Policy
Fraud, Waste, and Abuse Policy
Violence Against Women Act (VAWA) Policy
LGBTQ Policy
Language Assistance and Planning Policy (LAP)
Limited English Proficiency Policy (LEP)
C. Environmental Review Requirement (ERR) -This Agreement does not constitute a
commitment of Funds or site approval. The commitment of Funds or site approval may
occur only upon satisfactory completion of environmental review and either (i) the
determination that the project is Exempt or (ii) the COUNTY's receipt of an approved
request for release of funds and certification from HUD, under 24 CFR Part 58. The
provision of any funds to the project is conditioned on the COUNTY's determination to
proceed with, modify, or cancel the project based on the results of the environmental
review. No program costs can be incurred until an environmental review of the project is
completed and approved by the COUNTY. Further, the SUBRECIPIENT will not
undertake any activity or commit any funds prior to CHS issuance of the Notice to Proceed
(NTP) letter. Violation of this provision may result in the termination of this subaward
and/or the denial of any reimbursement of funds under this Agreement.
D. Annual Subrecipient Training -All SUBRECIPIENT staff assigned to the administration
and implementation of the Project established by this Agreement, shall attend the CHS-
sponsored Annual Subrecipient Fair Housing training, except those who attended the
training in the previous year. In addition, at least one staff member shall attend all other
CHS-offered Subrecipient training relevant to the Project, as determined by the Grants
Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special
condition, must be submitted to the Grant Coordinator, in writing, at least 14 days, prior to
the training,
E. Limited English Proficiency —Persons who, as a result of national origin, do not speak
English as their primary language and who have limited ability to speak, read, write, or
understand English (`limited English proficient persons" or "LEP persons") may be
entitled to language assistance wider Title VI in order to receive a particular service,
benefit, or encounter. In accordance with Title VI of the Civil Rights Act of 1964 (Title
VI) and its implementing regulations, the SUBRECIPIENT agrees to take reasonable steps
Youth Hnrcn, Inc
rszz-oz
Shcacr Personnel
Puac 3
L
�O
to ensure meaningful access to activities funded with HUD Funds by LEP persons. Any of
the following actions could constitute "reasonable steps", depending on the circumstances:
acquiring translators to translate vital documents; advertisements or notices; acquiring
interpreters for face to face interviews with LEP persons; placing advertisements and
notices in newspapersthat salve LEP persons; partnering with other organizations that
serve LEP populations to provide interpretation, translation, or dissemination of
information regarding the project; hiring bilingual employees or volunteers for outreach
and intake activities; contracting with a telephone line interpreter service; etc.
1.2 PROJECT DETAILS
A. Project Description/Budget
The budget identified for the Shelter Personnel shall be as follows:
Descri lion
Federal Amount
ESG Match 1:1
Project
Component 1: Personnel Salary for a Youth Advocate
$30,677.60
ESG Match Requirement
Documentation of
ESG Eligible
Matching Funds
$30,677.60
Total Federal Funds:
$3%677.60
SUBRECIPIENT will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
® Maintain and provide to the COUNTY, as requested, beneficiary documentation that
supports the benefit of homelessness
® Provide Quarterly Reports on project progress
® Provide Leverage Funds Report
® Ensure attendance by a representative from executive management at quarterly partnership
meetings, as requested by CHS
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
❑ Identify Lead Project Manager
❑ Provide Site Design and Specifications
❑ Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work
❑ Comply with Davis -Bacon Labor Standards
❑ Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Section 3 and maintain documentation
❑ Comply with Uniform Relocation Act (URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
❑ Ensure the applicable affordability period is met for the project
B. Program Components/Eligible Activities
All services/activities funded with ESG Funds must meet one of the ESG program components, as
detined in 24 CFR 576:
Youth rinven, Inc
ES22-02
Shelter Personnel
Page 4
• Sheet Outreach: Funds may cover costs related to essential services for unsheltered
persons (including emergency health or mental health care, engagement, case
management, and services for special populations).
• Emergency Shelter: Funds maybe used for renovation of emergency shelter facilities and
the operation of those facilities, as well as services for the residents (including case
management, childcare, education, employment assistance and job training, legal, mental
health, substance abuse treatment, transportation, and services for special populations).
• Homelessness Prevention and Ranid Re -Housing: Both components fund housing
relocation and stabilization services (including rental application fees, security deposits,
utility deposits or payments, last month's rent, and housing search and placement
activities). Housing may also be used for short- or medium -term rental assistance for those
who are at -risk of becoming homeless or h•ansitioning to stable housing.
• HMIS: Funds may be used to pay the costs for contributing data to the HMIS designated
by the Continuum of Care for the area. Eligible activities include computer hardware,
software, or equipment, technical support, office space, salaries of operators, staff training
costs, and participation fees.
C. Performance Deliverables
Progranr Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Insurance
Insurance Certificate
Upon executed Agreement and
annually within thirty (30) days of
renewal
Special Grant Condition
Policies as stated in this
Within sixty (60) days of executed
Policies Section 1.1
Agreement
Agreement
Detailed project
Schedule
Project Schedule
N/A
Project Plans and
Site Plans and Specifications
N/A
Specifications
Procurement Documents (Bid
Independent Cost Estimate
N/A
Packet)*
(ICE)
Method of Procurement
(MOP)
Solicitation Packet
Subcontractor Log
Subcontractor Log
N/A
Quarterly Progress Report
Exhibit C
1. Quarterly, within 10 days
following the quarter end (even if
zero)
2. Final report upon submission of
the final payment request in
Neighborly
Leverage Funds Report
Exhibit C-1
1. Quarterly, within 10 days
following the quarter end (even if
zero
Youth I lavers, Inc
es2z-oz
Shelter Personnel
Page 5
2. Final report upon submission of
the final payment request in
Neighborly
Annual Audit Monitoring
Exhibit D
Annually, within 60 days after FY
Report
end
Financial and Compliance
Audit, Management Letter and
Annually, nine (9) months for Single
Audit
Supporting Documentation
Audit OR one hundred and eighty
I80 days after FY end.
Program Income Reuse Plan
Plan Approved by the
N/A
COUNTY
* SUBRECIPIENT's Notice to Proceed may be withheld if procurement deliverables are not
submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables.
SUBRECIPIENT must submit to the COUNTY, for approval, all Change Orders required during
the project. Failure to submit Change Orders in a timely manner, may result in delay or withholding
of payment, as well as, a cease work order until all change orders have been reviewed and approved,
at which time a new Notice to Proceed will be issued.
D. Payment Deliverables
Pa ment Deliverable
Pa ment Su orthr Documentation
Submission Schedule
Project Component 1: Personnel
Upon invoicing using Exhibit B, will
Submission of
Salary for a Youth Advocate.
reimburse allowable expenses as
monthly payment
evidenced by properly completed
request within 30 days
timesheets, payroll registers/summary,
of prior month
payroll cash requirement, banking
documents, canceled checks, and any
additional supporting documentation as
requested.
10% retainage will be withheld on each
payment request. Final 10% ($) released
upon documentation of all beneficiaries
served and a successful closeout
monitoring.
ESG Match
Exhibit B-I, along with supporting Match
Monthly Match: a
documentation
minimum of dollar -
for -dollar, with each
suhmitted a re uest
Final 10 percent of award amount will be paid upon completion of documentation of all beneficiaries and
final monitoring clearance. Retainage will be deducted from each invoice.
1.3 PERIOD OF PERFORMANCE
Youlh Ir;n•en, Inc
HS22-02
Sheller Personnel
Pngo 6
SUBRECIPIENT services shall start on October 1, 2022, and end on September 30, 2023 (Term of
Agreement). SUBRECIPIENT's services/activities shall be undertaken and completed considering
the purposes of this Agreement. Any Funds not obligated by the expiration date of this Agreement
shall automatically revert to the COUNTY.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to
SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available THIRTY THOUSAND SIX HUNDRED SEVENTY-
SEVEN DOLLARS AND SIXTY CENTS ($30,677.60) for use by SUBRECIPIENT during the
Term of the Agreement (hereinafter referred to as the Funds).
Modifications to the Budget and Scope may only be made if approved in advance. Budgeted Fund
shifts between project components shall not exceed 10 percent or signify a change in scope. Fund
shifts that exceed 10 percent of a project component shall only be made with Board approval.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of ESG Funds until needed for eligible costs, and
all disbursement requests must be limited to the amount needed at the time of the request. Invoices
for work performed are required every month. SUBRECIPIENT may expend Funds only for
allowable costs resulting from obligations incurred during the term of this Agreement. If no work
has been performed during a month, or if SUBRECIPIENT is not yet prepared to send the required
backup, a $0 invoice is required. Explanations will be required if two consecutive months of $0
invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work
progresses, but not more frequently than once per month. Reimbursement will not occur if
SUBRECIPIENT fails to perform the minimum level of service required by this Agreement.
COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on
information submitted by SUBRECIPIENT and consistent with any approved budget and
COUNTY policy concerning payments. With the exception of certain advances, payments
will be made for eligible expenses actually incurred by SUBRECIPIENT, not to exceed
actual cash requirements. Payments will be adjusted by CHS in accordance with advance
Fund and program income balances available in SUBRECIPIENT accounts. In addition,
COUNTY reserves the right to liquidate Funds available under this Agreement for costs
incurred by COUNTY on behalf of SUBRECIPIENT.
Final invoices are due no later than 90 days after the end of the Agreement. Work performed during
the term of the Agreement but not invoiced within 90 days after the end of the Agreement may not
be processed without written authorization from the Grant Coordinator.
CHS may withhold any pay request until approved by CHS for grant compliance and adherence to
any and all applicable Local, State, or Federal requirements, including timely submission of
Performance Deliverables contained in Section 1.2.C. Late submission of deliverables o•
Youth Itncen, Inc
eszz-oz
Shelter Personnel
Page 7
by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a
properly completed invoice, and in compliance with sections 218,70-218,80, Florida Statutes,
otherwise known as the "Local Government Prompt Payment Act."
165 MATCH REQUIRED
SUBRECIPIENT must match ESG grant funds dollare, for -dollar, pursuant to 24 CFR 576,2011
Matching funds shall be provided after the date of the grant award. Funds used to match a previous
ESG grant may not be used to match a subsequent grant award. SUBRECIPIENT may comply with
its requirement by providing the matching funds from any source, including any Federal source
other than the ESG program, as well as State, Local, and private sources. SUBRECIPIENT must
ensure the laws governing any Federal funds to be used do not prohibit those funds from being used
to match ESG funds. To meet the required match, the matching contributions must meet all
requirements that apply to the ESG Funds provided by HUD, as required by 24 CFR 576.201(c).
Matching contributions may be in the form of the following:
1. Cash contributions
2. Non -cash contributions calculated per requirements in 24 CFR 576.201(e), including the value
of any real property, equipment, goods, or services contributed to SUBRECIPIENT's ESG
program, provided that, if SUBRECIPIENT had to pay for them with grant Funds, the costs
would have been allowable. Non -cash contributions may include:
a. The purchase value of any donated material or building. SUBRECIPIENT shall
determine the value of any donated material or building, or any lease, using a method
reasonably calculated to establish a fair market value.
b, Match in the form of services provided by individuals must be valued at rates consistent
with those ordinarily paid for similar work in SUBRECIPIENT's organization. If
SUBRECIPIENT does not have employees performing similar work, the rates must be
consistent with those ordinarily paid by other employers for similar work in the same
labor market.
3. Costs paid by program income shall count toward meeting SUBRECIPIENT's match
requirements, provided the costs are eligible ESG costs that supplement the ESG program.
1.6 LEVERAGE FUNDS
In some instances, the award provided by COUNTY is not enough to cover the entire cost of the
project. Other funds are included and considered to be leveraged funds. Leveraged funds must
adhere to all Federal, State and COUNTY rules as it pertains to the project. Leveraged funds must
be identified, tracked, and verifiable in the SUBRECIPIENT's records at monitoring closeout.
Leveraged resources must also meet the following criteria to be allowable as leverage:
a, Expenditures of leveraged funds or resources are permitted only for eligible activities
and allowable costs under the cost principles specified by the OMB Circulars
referenced in this Agreement, Expenditures must be necessary and reasonable for
proper and efficient accomplishments of project or program objectives.
b. Leveraged resources committed on one project may not be used as leverage or match
for any other project or program,
c. Leveraged resources must represent newly created resources covering expenditures
that would not be incurred if the award were not made,
Youth haven, Inc
ES22-02
shelter Personnel
Page. 8
d. Leveraged resources may not be Federal funds under a different award, except where
Federal statute allows their use for cost sharing (such as the Community Development
Block Grant program).
e. Third -patty cash or in -kind contributions offered as leverage require a commitment
letter on company letterhead signed by the individual who is in a position to commit
the in -kind contribution. The contribution is only allowable if not utilized towards
matching dollars.
1.7 COST PRINCIPLES
Payments to SUBRECIPIENT are governed by Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.7-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to
the project(s) referenced above, as defined in 2 CFR 200.413. SUBRECIPIENT must provide
adequate documentation for validating costs incurred. Payments to SUBRECIPIENT's contractors
and vendors are conditioned upon compliance with the procurement requirements provided in 2
CFR 200,318-200,327. Allowable costs incurred by Subrecipients and Contractors shall comply
with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E, however
the COUNTY is, and may impose requirements upon the Developer to remain compliant with the
COUNTY's obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
controls and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this Agreement.
1.8 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, facsimile, or other electronic means. Any notice delivered
or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other
written communications under this Agreement shall be addressed to the individuals in the capacities
indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator
Collier County Government
Community and Human Services Division
3339 Tamiami Trail East, Suite 213
Naples, Florida 34112
Email: Carolyn.Noble@colliercountyfl.gov
Telephone: (239)450-5186
SUBRECIPIENT ATTENTION: Linda Goldfield, Executive Director
Youth Haven, htc.
5867 Whitaker Road
Naples, FL 34112
Youth Haven, Inc
FS22-02
Shcltcr Pereonncl
Page 9
Youth I lnecn, Inc
ES22-02
Shelter Personnel
Email: Linda.Goldfield@youthavenswfl.org
Telephone:(239)G87-5155
Remainder of Page Intentionally Left Blanlc
Page IU
PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY (and/or its representatives)
may deem necessary, SUBRECIPIENT shall make available all records, documentation, and any
other data relating to all matters covered by the Agreement for review, inspection, or audit.
SUBRECIPIENT must fully clew• any deficiencies noted in audit reports within 30 days after
receipt. Failure to comply with the above audit requirements will constitute a violation of this
Agreement and may result in withholding of future payments. SUBRECIPIENT hereby agrees to
have an annual agency audit conducted in accordance with current COUNTY policy concerning
SUBRECIPIENT audits.
The determination of Federal award amounts expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F-Audit Requirements,
2.2 RECORDS AND DOCUMENTATION
SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to
determine compliance with the requirements of this Agreement, the ESG Program, and all other
applicable laws and regulations. This documentation shall include but is not limited to the
following:
A. All records required by ESG regulations.
B. SUBRECIPIENT shall maintain public records that ordinarily and necessarily would be
required by COUNTY to perform the service.
C. SUBRECIPIENT shall make available at any time upon request by the COUNTY or CHS
all reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for the
purpose of this Agreement. Materials identified in the previous sentence shall be in
accordance with generally accepted accounting principles (GAAP), procedures, and
practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this Agreement, including matching finds and Program
Income. These records shall be maintained to the extent of such detail as will properly
reflect all net costs, direct and indirect labor, materials, equipment, supplies, and services,
and other costs and expenses of whatever nature for which reimbursement is claimed wider
the provisions of this Agreement.
D. Upon completion of all work contemplated under this Agreement, copies of all documents
and records relating to this Agreement shall be sw•rendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion and in
a readily accessible, permanent, and secured location for five (5) years after the date of
Youth Haven, Inc
ES22-02
Shcher Pemonnel
Page II
�At`�
submission of the annual performance and evaluation report, as prescribed in 24 CFR
576.500 (y). However, if any litigation, claim, or audit is started before the expiration date
of the five (5) year period, the records will be maintained until all litigation, claim, or audit
findings involving these records are resolved. If SUBRECIPIENT ceases to exist after
closeout of this Agreement, it must notify the COUNTY in writing, of the address where
the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all
requirements for retaining public records and transfer, at no cost to the COUNTY, all
public records in SUBRECIPIENT's possession upon termination of the Agreement and
destroy any duplicate, exempt, and/or confidential public records that are released from
public records disclosure requirements. All records stored electronically must be provided
to the COUNTY in a format that is compatible with the COUNTY's information
technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-25246791
Michael.Brownlee@colliercountyfl.eov, 3299 Tamiami Trail E, Naples FL 34112.
E. SUBRECIPIENT shall establish and maintain income eligible files on clients served, and
documentation that all households are eligible under HUD Income Guidelines.
SUBRECIPIENT agrees that CHS shall be the final arbiter on SUBRECIPIENT's
compliance.
F. SUBRECIPIENT shall document how it complied with the Program Cmnponent(s), as
defined in 24 CFR 576,100, and the eligibility requirenient(s) under which funding has
been received. This includes special requirements such as necessary and appropriate
determinations, as defined in 24 CFR 576.100; income certification; and written
agreements with beneficiaries, where applicable.
G. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensue that exempt or confidential public records that are released
from public records disclosure requirements are not disclosed, except as authorized by 2
CFR 200,337 and 2 CFR 200.338.
2.3 MONITORING
During
the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual
Audit Monita•ing report (Exhibit D) no later than 60 days after SUBRECIPIENT's fiscal year end.
In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management
Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for
Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The
COUNTY will conduct an annual financial and programmatic review.
Youth Hn�en, Inc
Iszz-oz
Shciter Personnel
Page 12
SUBRECIPIENT agrees that CHS may carry out no fewer than one annual on -site monitoring visit
and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review
of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is
dependent upon satisfactory evaluations. SUBRECIPIENT shall, upon request by CHS, submit
information and status reports required by CHS or HUD to enable CHS to evaluate said progress
and allow for completion of its required reports. SUBRECIPIENT shall allow CHS or HUD to
monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as
determined by CHS or HUD.
The COUNTY will monitor the performance of SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or nonperformance based on goals and performance standards as stated with all other
applicable laws, regulations, and policies governing the Funds provided under this Agreement,
further defined by 2 CFR 200.332. Substandard performance, as determined by the COUNTY, will
constitute noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action
within a reasonable time period after being notified by the COUNTY, Agreement suspension or
termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office
of Inspector General, the General Accounting Office, COUNTY, or the COUNTY's internal
auditor(s) access to all records related to performance of activities in this Agreement,
2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures
sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of
this Agreement, and provide for proper and effective management of all Program and fiscal
activities of the Agreement. SUBRECIPIENT's internal control systems, all transactions, and other
significant events are to be clearly documented, and the documentation shall be readily available
for monitoring by COUNTY.
SUBRECIPIENT shall give COUNTY complete access to all its records, employees, and agents
for the purpose ofmonitoring or investigating the performance ofthe Agreement. SUBRECIPIENT
shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and
abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement, or any law or regulation, to the COUNTY or any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds
from CHS. The escalation policy for noncompliance is as follows:
Youth Hnvcn, Inc
[522-02
Shcher Pemmnel
Rise 13
Initial noncompliance may result in CHS issuing Findings or Concerns the
SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan
to CHS within 10 business days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held until
the corrective action plan has been submitted.
• CHS will be
available to
provide Technical Assistance
(TA) to SUBRECIPIENT,
as needed, to
correct the
noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan in a timely manner, CHS
may require a portion of the awarded grant amount to be returned to the COUNTY.
• CHS may require SUBRECIPIENT to return upwards of 5 percent of the award
amount to the COUNTY, at the discretion of the Board.
• SUBRECIPIENT may be denied future consideration as set forth in Resolution
No. 2013-228,
3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously
corrected and has been informed by CHS of their substantial noncompliance, by
certified mail, CHS may require a portion of the awarded grant amount or the amount
of the ESG investment for acquisition of the properties conveyed, to be returned to the
COUNTY.
CHS may require SUBRECIPIENT to return upwards of 10 percent of the award
amount to the COUNTY, at the discretion of the Board.
• SUBRECIPIENT will be in violation of Resolution No. 2013-228.
4. If after repeated
notification, SUBRECIPIENT
continues
to be substantially
noncompliant, CHS
may recommend the Agreement
or award be
terminated.
• CHS will make a recommendation to the Board for immediate termination of the
Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by fhe
COUNTY for the terminated project, This includes the amount invested by the
COUNTY for the initial acquisition of properties or other activities.
• SUBRECIPIENT will be in violation of Resolution No. 2013-228.
If SUBRECIPIENT has multiple agreements with CHS and is found to be noncompliant,
the above sanctions may be imposed across all awards at the Board's discretion.
2.G REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring findings identified pursuant to this
Youth Haven, Ine
ES22-02
Shelter Personnel
Page 14
Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of
project activity may result in withholding of payment or issuance of a Notice of
Noncompliance.
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 1 Oth day of January, April, July, and October, respectively, for the prior quarter
period end. As part of the report submitted in October, SUBRECIPIENT also agrees to include, a
comprehensive final report covering the agreed -upon Program objectives, activities, and
expenditures including but not limited to, performance data on client feedback with respect to the
goals and objectives set forth in Exhibit C, which contains a sample reporting form to be used in
fulfillment of this requirement. Additionally, all leveraged funds utilized in support of this project
will be submitted on Exhibit C-1 as part of the final report. Other reporting requirements may be
imposed by the County Manager or designee in the event of Program changes, the need for
additional information or documentation arises, and/or if legislative amendments are enacted.
Reports and/or requested documentation not received by the due date shall be considered delinquent
and may be cause for default and termination of this Agreement.
Remainder of Page Intentionally Left Blanlc
Youth Haven, Inc
rszz-oz
Shelter Persmmel
Page 15
f ��
PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement
may be
assigned or subcontracted without the written
consent of the
COUNTY, which consent,
if given
at all, shall be at the COUNTY's sole discretion
and judgment.
3.2 GENERAL COMPLIANCE
SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning the
HEARTH Act. SUBRECIPIENT also agrees to comply with all other applicable Federal, State,
and Local laws, regulations, and policies governing the Funds provided under this Agreement.
SUBRECIPIENT further agrees to utilize Funds available under this Agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be consh•ued in any manner, as creating
or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall
always remain an "independent contractor" with respect to the services to be performed under this
Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation,
FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as the
SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed hl writing, signed by a
duly authorized representative of each organization, and approved by the COUNTY's Board. Such
amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or
SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or
governmental guidelines, policies, available funding amounts, or other reasons. If such
amendments result in a change in the funding, scope of services, or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD ESG grant funds and must be
implemented in full compliance with all of HUD's rules aad regulations and any agreement
between COUNTY and HUD governing ESG Funds pertaining to this Agreement. In the event of
curtailment or non -production of said Federal Funds, the financial sources necessary to continue to
pay SUBRECIPIENT all or any portion of the Funds will not be available. In that event, the
vowh ,, Inc
eszz-oz
Shelter Personnel
Page 16
COUNTY may terminate this Agreement, which shall be effective as of the date that it is
determined by the County Manager or designee, in his or her sole discretion and judgment, that the
Funds are no longer available. In the event of such termination, SUBRECIPIENT agrees that it will
not look to, nor seek to hold the COUNTY, nor any individual member of the County
Commissioners and/or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT
under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to reasonable attorneys' and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers,
servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting
under the direction, control, or supervision of the SUBRECIPIENT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature
whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall
pay all costs (including attorney's fees) and judgments which may issue thereon. This
Indemnification shall survive the termination and/or expiration of this Agreement. This section
does not pertain to any incident arising from the sole negligence of the COUNTY. The foregoing
indenmification shall not constitute a waiver of sovereign immunity beyond the limits set forth in
section 768.28, Florida Statutes. This Section shall survive the expiration or termination of this
Agreement.
3.7 COUNTY RECOGNITION/SPONSORSHII'S
SUBRECIPIENT agrees that all notices, hnfa•mational pamphlets, press releases, advertisements,
descriptions of the Program sponsorships, research reports, and similar public notices, whether
printed or digitally prepared, and released by SUBRECIPIENT for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED
IN PART BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER
COUNTY COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity to the general public. Construction signs shall comply with applicable
COUNTY codes.
3.8 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200340, this Agreement may be terminated for convenience by either
the COUNTY or SUBRECIPIENT, in whole a• in part, by setting forth the reasons for such
termination, the effective date, and in the case of partial terminations, the portion to be terminated.
Youth I Iaecn, [tic
E522-02
S iclrer Pomonnel
Page 17
G�,O
However, in the case of a partial termination, if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety. This Agreement may also be terminated by the COUNTY if the
award no longer effectuates the program goals or grantor agency priorities,
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement:
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as
may become applicable at any time
B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper
manner
C. Ineffective or improper use of Funds provided under this Agreement
D. Submission of reports to the COUNTY that are incorrect or incomplete in any material
respect
E. Submission of any false certification
F. Failure to materially comply with any terms of this Agreement
G. Failure to materially comply with the terms of any other agreement between the COUNTY
and SUBRECIPIENT, relating to the Project
In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any
combination of one or more of the following remedies:
A. Require specific performance of the Agreement, in whole or in part
B. Require the use of or change in professional property management
C. Require SUBRECIPIENT to immediately repay to the COUNTY all ESG Funds that it
received under this Agreement
D. Apply sanctions, if determined by the COUNTY to be applicable
E. Stop all payments until identified deficiencies are corrected
Terminate this Agreement, by giving written notice to SUBRECIPIENT specifying the
effective date of such termination. If the Agreement is terminated by the COUNTY as
provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any
incomplete project activities undertaken under this Agreement.
Youlh liovcn, Inc
LS22-02
Shelter Personnel
Page 18
f �0
3.9 SUSPENSION AND DEBARMENT
SUBRECIPIENT certifies that neither it, not its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by a Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, as outlined in Executive Orders
12549 (1986) and 12689 (1989), Suspension and Debarment and 2 CFR 200.214, as further detailed
in Section 4.18,
3.10 REVERSION OF ASSETS
In the event of a termination or upon expiration of the Agreement, in addition to any and all other
remedies available to the COUNTY (whether under this Agreement, or at law or in equity),
SUBRECIPIENT shall immediately transfer to the COUNTY any Funds on hand at the time of
termination (or expiration) and any accounts receivable attributable to the use of ESG Funds,
The COUNTY's receipt of any Funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
Funds, as the COUNTY may deem necessary. Regulations regarding real property and equipment
are subject to 2 CFR 200.3111
3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement, until
aII required insurance, as outlined in Exhibit A and 2 CFR 200.310 has been obtained. Said
insurance shall be carried continuously during SUBRECIPIENT's performance under the
Agreement.
3.12 ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and
Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (2 CFR 200 et seq), and the Federal regulations for the
Emergency Solutions Grant. (24 CFR 576 et seq.)
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through
200.327) and Collier County's Procurement Ordinance #2017-08, as amended. Cw•rent purchasing
thresholds are:
Ran e:
Cmn etition Re aired
$0 -
$50 000
3 Written uotes
$50 001+
1 Formal Solicitation ITB RFP etc.
All improvements specified in Part 1 Scope of Work shall be performed by SUBRECIPIENT
employees, or be put out to competitive bidding, under a procedure acceptable to the COUNTY
and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible,
Youlh Haven. Inc
rszz-oz
Shelter Personnel
Page 19
f �Q
and qualified bidder. Contract administration shall be conducted by SUBRECIPIENT and
monitored by CHS, which shall have access to all records and documents related to the project.
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall
procure, acquire, or use goods, products or materials produced in the United States.
In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323,
3.14 PROGRAM -GENERATED INCOME
No Program Income is anticipated. However, if Program Income is derived from the use of ESG
Funds disbursed under this Agreement, such Program Income shall be used by the
SUBRECIPIENT for an eligible ESG project activity approved by the COUNTY. Any Program
Income (as such term is defined under applicable Federal regulations) gained from any
SUBRECIPIENT activity funded by ESG shall be reported to the COUNTY through an annual
Program Income Re -use Plan, utilized by SUBRECIPIENT accordingly, and shall be compliant
with 2 CFR 200.307 and 24 CFR 576.20I(f). When Program Income is generated by an activity
that is only partially funded with ESG Funds, the income shall be prorated to reflect the
percentage of ESG Funds used. If there is a Program Income balance at the end of the Program
Year, such balance shall revert to the COUNTY's ESG Program, for further reallocation.
3.15 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but are not limited to making final
payments, disposing of program assets (including the return of all unused materials, equipment,
program income balances, and receivable accounts to the COUNTY), and determining the
custodianship of records. In addition to the records retention outlined in section 2.2 (Records and
)ocumentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021 Florida
Statutes regarding records maintenance, preservation, and retention. A conflict between State and
Federal records retention requirements will result in the more stringent law being applied, such that
the record must be held for the longer duration. Any balance of unobligated Funds which have been
advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount to
which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be
refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that
comply with section 215,97, Florida Statutes, the Florida Single Audit Act. Closeout procedures
must take place in accordance with 2 CFR 200.344 and ensure all Federal grant requirements have
been completed.
3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
SUBRECIPIENT agrees that no person shall be excluded from the benefits of or be subjected to
discrimination under an}� activity carried out by the performance of this Agreement based on race,
color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of
such discrimination, the COUNTY shall have the right to terminate this Agreement.
Youth Ilaven, Inc
rszz-oz
Sheller Pcrsonncl
P,,gc 20
f A�
To the greatest extent feasible, homeless individuals have priority over other Section 3 residents,
in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of
1968, as amended (12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 75 requires
that, to the greatest extent practicable, employment and economic opportunities be directed to low -
and very low-income residents of the area, and that contracts for work in connection with the project
be awarded to business concerns that provide economic opportunities for low- and very low-income
persons residing in the metropolitan area (as defined in 42 U.S.C. 5302(a)) in which the project is
located.
To the maximum extent practicable, SUBRECIPIENT shall involve homeless individuals and
families in constructing, renovating, maintaining, and operating facilities assisted under ESG,
providing services assisted under ESG, and providing services for occupants of facilities assisted
under ESG. This involvement may include employment or volunteer services. Section 3 is relative
to any of the SUBRECIPIENT's subcontractors, their successors and assigns, to those sanctions
specified by the Agreement through which Federal assistance is provided. SUBRECIPIENT shall
comply with Section 3 of the Housing and Community Development Act of 1968 and certifies and
agrees that no contractual or other disability exists that would prevent compliance with these
requirements.
3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's
business enterprises the maximum practicable opportunity to participate in the performance of this
Agreement. As used in this Agreement, the term "small business" means a business that meets the
criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and
"minority and women's business enterprise" means a business that is at least 51 percent owned and
controlled by minority group members or women. For the purpose of this definition, "minority
group members" are Black Americans, Hispanic Americans, Asian/Pacific Americans,
Native Americans, and Hasidic Jews.. SUBRECIPIENT may rely on written representations
by businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
3.18 PROGRAM BENEFICIARIES
As defined by 24 CFR 576.2, 100 percent of the beneficiaries receiving ESG Funding through this
Agreement must be homeless or at risk of homelessness. hrcome eligibility of beneficiaries will be
validated by reviewing supporting documentation, during any interim and/or closeout monitoring.
3.19 AFFIRMATIVE ACTION PLAN
SUBRECIPIENT agrees that it is committed to carrying out an Affirmative Action Program,
pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. Prior to the award of Funds, SUBRECIPIENT shall
submit to the COUNTY for approval, a plan for an Affirmative Action Program. If the Affirmative
Action Plan is updated during the Performance Period of this Agreement, the updated plan must be
submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT's
contracting officer will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice advising the labor
Youth
liaven. Inc
Eszz-oz
Sheller Personnel
Page 21
union or worker's representative of SUBRECIPIENT's commitments hereunder and shall post
copies of the notice in conspicuous places available to all employees and applicants for
employment.
3.20 CONFLICT OF INTEREST
SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree
with the performance of this Agreement, and that no person having any conflict of interest shall be
employed or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that it will
comply with all provisions of 24 CFR 576.404 "Conflict of Interest," 2 CFR 200.318, Florida
Statute 287,057 and any additional State and County statutes, regulations, ordinances, or
resolutions governing conflicts of interest.
SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person or an entity
owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees.
Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors
shall be disclosed, in writing to CHS provided however, that this paragraph shall be interpreted in
such a manner so as not to unreasonably impede the statutory requirement that maximum
opportunity be provided for employment of and participation of low- and moderate -income
residents of the project target area.
3.21 EMERGENCY SHELTERS
Any emergency shelter that receives assistance
for
shelter operations must also meet mininumt
safety, sanitation, and privacy
standards (Exhibit
E),
as required by 24 CFR 576.403(b)1
3.22 PERMANENT HOUSING
Housing that program participants who receive ESG assistmce to remain or move into nmst meet
the minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable
State and Local housing codes, licensing requirements, and any other requirements in the
jurisdiction in which the housing is located regarding the condition of the structure and the
operation of the housing.
3.23 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
SUBRECIPIENT must document its compliance with the requirements of 24 CFR 576.400(a) for
consulting with the Continuum of Care and coordinating and integrating ESG assistance with
programs targeted toward homeless people and mainstream service and assistance programs
(Exhibit G).
vowh umeu, me
eszz-o2
Sheller Personnel
Page 22
3.24 HOMELESS PARTICIPATION
SUBRECIPIENT must document its compliance with homeless participation requirements under
24 CFR 576.405(c),
3.25 BYRD ANTI -LOBBYING AMENDMENT
Each tier certifies that the tier above it will not, and has not, used Federally appropriated Funds to
pay any person or organization for influencing or attempting to influence the award of Federal
Funds, as covered by 31 USC 1352, and more fully described in Section 4.53 of this Agreement.
Contractors who apply or bid for an award of $100,000 0• more shall file the required certification.
3.26 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND
PROCEDURES
SUBRECIPIENT must maintain documentation evidencing the use of mnd written intake
procedures for the centralized or coordinated assessment system(s) developed by the Continuum of
Care, in accordance with the requirements established by HUD and identified in 24 CFR
576.500(g).
3.27 CONDITIONS FOR RELIGIOUS ORGANIZATIONS
ESG Funds may be used by religious organizations a• on property owned by religious organizations
only in accordance with requirements set in Section 24 CFR 576,406, SUBRECIPIENT shall
comply with First Amendment Church/State principles as follows:
A, It will not discriminate against any employee or applicant for employment and will not
limit or give preference in employment to persons based on religion.
B. It will not discriminate against any person applying for public services and will not limit
such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
cortinue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided that it does not use direct ESG Funds to support any inherently
religious activities, such as worship, religious instruction, or proselytizing.
D. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities, ESG Funds may not
exceed the cost of those portions of the acquisition, construction, or rehabilitation that are
attributable to eligible activities in accordance with the cost accounting requirements
applicable to ESG Funds in this part. Sanctuaries, chapels, or other rooms that an ESG
Funded religious congregation uses as its principal place of worship, however, are
ineligible for ESG Funded improvements.
room Haecu, Inc
es2z-o2
Sheller Personnel
Page 23
3.28 INCIDENT REPORTING
If SUBRECIPIENT provides client services under this Agreement, SUBRECIPIENT and any of
its subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse,
neglect, or exploitation of a child, aged person, or disabled person.
3.29 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such
determination shall not affect the validity or enforceability of any other section or part thereof.
3.30 MISCELLANEOUS
SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives,
and assigns of such other party in respect to all covenants of this Agreement.
SUBRECIPIENT represents and warrants that the financial data, reports, and other information it
furnished to the COUNTY regarding the Project are accurate and complete, and financial
disclosures fairly represent the financial position of SUBRECIPIENT.
SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement
and its governing body has authorized the execution and acceptance of this Agreement.
SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and
bind the SUBRECIPIENT to the terms of this Agreement.
The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida, without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations, all applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and
guidelines, including but not limited to any applicable regulations issued by CHS.
Electronic Signatures This Agreement, and related documents entered into in connection with this
Agreement, are signed when a parry's signature is delivered by facsimile, a -mail, or arty other
electronic medium. These signatures must be treated in all respects as having the same force and
effect as original signatures.
3.3I WAIVER
The COUNTY'S failw•e to act with respect to a breach by SUBRECIPIENT does not waive its
right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
Youlh liaecn, Inc
ES22-02
Sheller Personnel
Page 24
PART IV
GENERAL PROVISIONS
4.1 24 CFR Part 576 Emergency Solutions Grants Program, as amended —All regulations regarding
the ESG Program.
eCFR: 24 CFR Part 576 -- Emergency Solutions Grants Program
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
lif ps:/hvww. ecfr. gov/cgi-bi n/text-
idx?SID=lacdb92f3b05c3f285dd76c26d14f54e&mc--true&node=pt24.1.58&rgn=div5
4.3 Section 104(d) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended Section 109 of the HCD Act of 1974 1 HUD.gov / U.S. Department of Housing
and Urban Development (HUD)
Section 104(d) of the Housing and Community Development Act of 1974, as amended (see 42 USC
5304(d)) - HUD Exchange
4.4 Title VI of the Civil Rights Act of 1964 as amended,
https://Nvww. hud. goy/programdescri pt ion/t itle6
Title VIII of the Civil Rights Act of 1968, as amended
4.5 24 CFR 57G.407 -The regulations issued pursuant to 24 CFR 5.105(a) and Executive Order 11063
which prohibits discrimination and promotes equal opportunity in housing.
eCFR: 24 CFR 576.407 -- Other Federal requirements.
eCFR: 24 CFR 5.105 -- Other Federal requirements.
4.6 Executive Order 1 (24G ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations.
EO 11246: https:/hvww.dol.gov/agencies/ofcco/executive-order-11246/as-amended
4.7 Title VIl of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations a• advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission
eeoc. ov
4.8 24 CFR 75 —Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, and all
applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and binding upon the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
Youth Ilaven, Inc
ES22-02
shelter Personnel
Page 25
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
eCFR :: 24 CFR Part 75 -- Economic Opportunities for Low- and Very Low -Income Persons
SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the
following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701), Section 3 requires
that, to the greatest extent feasible, opportunities for training and employment be given to low- and
very low-income residents of the project area, and that contracts for work in connection with the
project be awarded to business concerns that provide economic opportunities for low- and very
low-income persons residing in the metropolitan area in which the project is located."
Section 3 reauires 25 percent of the total labor hours must be worked by Section 3 workers
and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If the
SUBRECIPIENT is unable to meet these benchmarks, efforts taken to meet the reauirements
must be described. Examples include Job fairs held, on the job training conducted, outreach
efforts to public housing residents, and connecting residents to supportive services.
SUBRECIPIENT further agrees to ensure that opportunities far training and employment arising
in connection with a housing rehabilitation (including reduction and abatement of lead based paint
hazards), housing construction, or other public construction project are given to low- and very low-
income persons residing within the metropolitan area in which the CDBG-funded project is located;
where feasible, priority should be given to low- and very low-income persons within the service
area of the project or the neighborhood in which the project is located, and to low- and very low-
income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead- based paint
hazards), housing construction, or other public construction project to business concerns that
provide economic opportunities for low- and very low-income persons residing within the
metropolitan area in which the CDBG-funded project is located; where feasible, priority should be
given to business concerns that provide economic opportunities to low- and very low-income
residents within the service area or the neighborhood in which the project is located, and to low -
and very low-income participants in other HUD programs.
https://www.liud.gov/sites/documents/DOC 12047.PDF
SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
https://%vww.eefr.gov/cutTent/titlem24/subtitle-A/vait-75
4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, I2107 and 12086.
Age Discrimination Act of 1975
littps:Hww\v.law.cot&iiell.edu/uscode/text/42/cliaptel4-76
11246: https://www.dol.gov/ofcco/t-egs/statutes/eoI1246.htnr
11375: Amended by EO 11478
11478: https:/hvvAv,arciiives.pov/federal-register/codification/executive-order/11478.litml
12107:littps://wNvw.arciiives. gov/federal-register/codification/executive-order/ I2107.litm I
Youth Haven, Inc
ES22-02
Shelter Personnel
Page 26
12086: https://www.archives.gov/federal-register/codification/executive-order/12086.htm i
4.10 Equal access in accordance with the individual gender identity in community planning and
development programs, per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24 part5 subpartA section5.106
4.11 Conh•act Work Hours and Safety Standards Act, 40 USC 327-332.
littps://Nvww.dol.gov/whd/i%eas/statutes/safeO I . Pd f
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), and 24 CFR 570.614 Subpart K.
Section 504: https://www.epa. og v/ocr
29 USC 776: littps://law.onecle.com/uscode/29/776.html
24 CFR 570,614: https:H%vww.law.cortiell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https:/Avww.hud. ov/hudprogrvus/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fliwa.dot.gov/real estate/uniform act/index.cfm
4.15 29 CFR Parts 3 and 5 -Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all
construction contracts funded by CDBG.
Davis -Bacon Act: 42 USC 276a to 40 USC 276a:
https:Huscode.house.gov/view.xlitml?req=granuicid:USC- I 999-title40-seCtion276&
7&num=O&edition= 1999
29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed, in
whole or in part, by Loans or Grants front the United States
ttt)s://ivww.law.cornell.edu/cfr/text/29/part-3
29 CFR Part 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract
Work Hours and Safety Standards Act)
https://ivww.law.cot%iiell.edu/cft-/texU29/part-5
Executive Order 11914 -Prohibits discrimination with respect to the handicapped, in federally
assisted projects.
https:HNvww,presidency.ucsb.edu/ws/index.l)hp?l)id=23675
4.16 As a supplement to the Davis -Bacon Act requirements, the SUBRECIP[ENT agrees to comply with
the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or
subcontractors from inducing an employee to relinquish any part of his/her compensation, under
the Federally Funded contract.
18 U.S.C. 874 https://kvww.govitifo.gov/content/t)kp/USCODE-2010-titleI8/pdf/USCODE-2010-
titicl8.pdf
40 U.S.C. 276c https://uscode.house.pov/view.xhtml?req=granuleid:USC-1999-title40-
scct i on276c&num=0&edition=1999
Youth Haven, Inc
ES22-02
shelter Personnel
Page 27
G��
4.11 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://xvww.arcliives.pov/federal-register/codification/executive-order/ 11625.htnr I
4.18 SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting
opportunities laws, regulations, and executive orders referenced in 24 CFR 576.407, as revised by
Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA
are still applicable.
24 CFR 576.407:
hit s://www.ecfrlpov/cpimbin/text-
idx?c=ecfr;sid=dc4c2f93cdadfO8974315fa2bfdf4cec;rgn=div5;view=text;node=24%3A3.1. L3 8;i
dno=24==ecfr
E.O. 13279: https/hvww.fedgovcontracts.com/ne02-96.htm
4.19 Public Law 100-430 -the Fair Housing Amendments Act of 1988.
https://wwAv.ncbi.nlm.nili.gov/pubmed/i 2289709
4.20 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act. https://xvww.hud.pov/sites/docuinents/DOC 7771.PDF
https://www.iustice.gov/cr•t/fair-housing-act- I
Executive Order 11063 — Equal Opportunity in Housing https://www.archives.Pov/federal-
reyister/codi tication/executive-order/ 11063.html
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
https:/hvww.arch ives.gov/federal-register/codification/executive-order/l 2259.html
24 CFR Pail 107 - Non- Discrimination and Equal Opportunity in Housing under E.O.
https://Nvww.law.cotiiell.edu/cfr/text/24/part-107
4.21 2 CFR 200 et seq -Uniform Adminishative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https:/hvww.ecftl.gov/cpi-bin/text-idx?tpl=/ecfrbroNvse/TitleO2/2cfr200 main 02.tpl
4.22 2 CFR 216 —Prohibition on certain telecommunications and video surveillance services a•
equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or
grant funds to: 1) procure or obtain funds; 2) extend or renew a contract to procure or obtain; or 3)
enter into an contract (or extend or renew a contract) to procure or obtain equipment, services, or
systems that use(s) covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system.
4.23 Immigration Reform and Control Act of 1986
https://www.eeoc.gov/eeoc/histmy/35tt>/thelaw/irca.htm I
4.24 Prohibition of Gifts to COUNTY Employees - No organization or individual shall oti8r a• give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
Youth I laven, Inc
ES22-02
shelter Personnel
Page 28
G��
COUNTY employee, asset forth in Chapter 1 12, Part Ill, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
https://NvwNv.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_ 112�art_iii
Collier County-
htp: //xvww.col I i ereov. net/liome/slioNvdocum ent?id=3 5 137
4.25 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.26 Venue -Any suit ofaction brought by either party to this Agreement against the other party, relating
to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in
Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.27 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision -making authority and by
COUNTY's staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section 44.102,
Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County,
Florida, if in state court and the US District Court, Middle District of Florida, if in federal court.
BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https:/hvww. fisetiate,gov/Laws/Statutes/2012/44.102
4.28 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 4l USC 7401, et seq. https://www.eovinfo.eov/contendpka/USCODE-
2010-title42/htn I/USCODE-20I 04itle42-chan85.htn
https://www.laxv.cot&tiell,edu/uscode/text/42/cliaptei%m85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
littl)s://www.govitifo.pov/content/pkp/USCODE-201 I-title33/pd f/USCODE-201 I -tit:103-
chap26.df
littps://%vww.[aNv.coriiell.edu/tiscode/text/33/chapter-26
4.29 Section 6002
Youth
of the Solid Waste Disposal Act as
amended by
the
Resource Conservation and
Recovery Act
and regarding those items identified
in 40 CFR
Part
247 of the EPA guidelines
I lnvcn, Inc
eszz-oz
S ie ter Personnel
Page 29
https://www.epa. gov/enforcement/resource-conservati on-and-recovery-act-rcra.and-federal-
facilities
ittps://www.law.coi,iiel1.edu/cfi,/text/40/247.1
4.30 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 UK 4002),
the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having
special flood hazards, flood insurance under the National Flood Insurance Program is obtained and
maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA,
which would satisfy this requirement and/or reduce the cost of said flood insurance.
littps://Nvww.law.cot%iiell.edu/cfr/text/24/570,605
4.31 SUBRECIPIENT agrees that any construction or rehabilitation of residential stt•uctw•es with
assistance provided under this Agreement shall be subject to the HUD Lead- Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K.
Lead -Based Paint - HUD Exchange
4.32 SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement.
https://www.achp. gov/sites/defau IUfi les/regu I at i ons12017-02hegs-rev04. �df
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State or Local historic property list.
4.33 SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the
Drug -Free Workplace Act of 1988 (41 USC 701).
littps:Hwww.aoo.gov/fdsys/granule/USCODE-2009-title4l /USCODE-2009-title4l -chap 10-
sec701
4.34 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction as outlined in Executive order
125494
https://www.archives.aov/federal-register/cod ification/executive-order/ 12549.htnil
4.35 SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and
agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.36 Single Audits shall be
Youth
conducted annually, in accordance
with 2 CFR 200.5O1, and shall be
submitted to the COUNTY
nine
(9) months after the eud of the
SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall
comply
with the requirements and
standards of 2 CFR 200 Subpart F,
Ii,recu, Inc
ES22•U2
Shclrer Personnel
Page 3U
Section 500. Subrecipients exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's
fiscal year. Per 2 CFR 200,344, if this Agreement is closed out prior to the receipt of an audit report,
the COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
https://NvwNv.ecfr.gov/cgi-bin/text-
idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8
4.37 Any real property acquired by SUBRECIPIENT for carrying out the projects stated herein and
approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and 49 CFR 24, shall be subject to the provisions of 24
CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A
displaced person must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601
et seq.). This policy does not require providing a person a larger payment than is necessary to enable
a person to relocate to a comparable replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D).
https:/hvww.gpo. og v/fdsys/granule/CFR-2009-title49-volt/CFR-2009-title49-vo11-part24
4.38 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work
in furtherance hereof, SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3) (a), Florida Statutes,
httn://Nvww.lee.state.fl.us/Statutes/hidex.cfm?App mode=Disnlav Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.htm I
4.39 No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard FornrLLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub -awards at all tiers (including
subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.40 SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement
shall be in any way or to arty extent engaged in the conduct of political activities in violation of
Chapter 15 of Title V of the U.S.C. (Hatch Act),
https://xvww.gpo.gov/fdsys/granule/USCODE-2009-title4l /USCODE-2009-title4l-chap 10-
sec701 /content-detail.html
Youth I lawn, liic
HS22-02
Shcher Personnel
Page 31
4.41 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
https://%vww.asa.gov/portal/contejit/I 04877
4.42 Housing Counseling, including homeownership counseling or rental housing counseling, as defined
in §5.100, required under or provided in connection with any program administered by HUD shall
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111.
eCFR: 24 CFR Part 214 Subpart D -- Program Administration
liups://%vwNv.law.cornell.edu/cfr/text/24/S.1 11
4.43 Unaccompanied youth under 25 years of age, or• families with children and youth who do not
otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are
defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)),
Section 637(11) of the Head Start Act 42 U.S,C, 9832(11)), Section 41403(6) of the Violence
Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A) of the Public Health
Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of the Food and Nutrition Act of 2008 7
U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(15))5
Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. l 1434a(2))
his://xvww.federairegister.pov/documents/2016/ 12/20/2016-30241 /runaway -and -homeless -
youth
4.44 HUD Final Rule —Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https:fwww.federalregister.gov/documents/2016/ 11 /16/2016-25888/violence-against-women-
reauthorization-act-of-2013-im ulementation-in-hud-housingprogrants
4.45 Any rule or regulation determined to be applicable by HUD.
4.46 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statutes section 448.095(3),
all Florida private employers are required to verify employment eligibility for all new hires
beginning January 1, 2021. Eligibility determination is not required for continuing employees hired
prior to January 1, 2021.
http://www.lep.state.fl.tis/statutes/index.cfm?App mode=Displav Statute&URL=0400-
0499/0448/0448.html
4.47 Florida Statutes section 713.20, Part 1, Construction Liens
https:/hvww.legstate.fl.us/Statutes/index.cfin7App mode=Disulav Statute&URL=0700-
0799/0713/0713.htnl
4.48 Florida Statutes section 119.021 Records Retention
http://www.legstate.fl.us/Statutes/indes.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.html
Youth Flavcn, Inc
ES22-02
Shelter Personnel
Pnge 32
4.49 Florida Statutes section 119.071, Contracts and Public Records
http://Nvww.leg.state.fl.us/Statutes/index.cfin?App mode --Display Statute&URL=0100-
0199/0119/Sections/0119.07I.htmI
4.50 Limited English Proficiency: SUBRECIPIENT agrees to take reasonable steps to provide
meaningful access to the program/project and activities funded under this Agreement for persons
with limited English proficiency pursuant to information located at
http://www.lep.gov.
4.51 Equal Treaunent of Faith -Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD to fund explicitly religious activities.
SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see
https://ojp.pov/abouttocr/patineisliips.litm. Discrimination based on religion in employment is
generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a
case -by -case basis to allow some faith -based organizations to receive HUD funds while taking into
account religion when hiring staff. Questions in this regard should be directed to the Office for
Civil Rights,
4.52 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context, except when specifically authorized. SUBRECIPIENT agrees to avoid
the misuse of arrest or conviction records to screen applicants for employment or employees for
retention or promotion that may have a disparate impact based on race or national origin, resulting
in unlawful employment discrimination unless use is otherwise specifically authorized by law.
See littgs://oin.gov/about/ocr/pdfs/UseofConviction Advisorypdf for more details.
4.53 Byrd Anti -Lobbying Amendment (3l U.S.C. § 1352); SUBRECIPIENT will not use and has not
used federal appropriated funds to pay at any tier, either directly or indirectly, any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of Congress
in connection with obtaining any federal contract, grant, or any other award or subaward covered
by 31 U.S.C. § 1352, Each tier shall also disclose any lobbying with nonfederal funds that takes
place in connection with obtaining any federal award or subaward. Such disclosures are forwarded
from tier to tier up to the recipient. SUBRECIPIENT shall comply with the lobbying restrictions
of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers,
employees and its subcontractors hereunder comply with all applicable local, state, and federal laws
and regulations governing advocacy of and appearances before any legislative body. None of the
funds provided under this Agreement shall be used for publicity or propaganda purposes designed
to support or defeat any legislation pending before local, state, or federal legislatures.
4.54 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal, employee, agent, contractor, subgrantee, subconh•actor, or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving subaward agreement funds. 18 U.S. Code & 1001 -
Statements or entries generally I U.S. Code I US Law I LI I / Legal Infor•nnation Institute (cornetLedu)
Youth I haven, hie
ES22-02
Shelter Penonnel
Page 33
f ��
Beneficiaries are subject to this False Claims Act that include the following: 31 U.S.C. 3729 - False
claims - Document in Context - USCODE-2010-title3l-subtitlelll-chan37-subchaplll-sec3729
(aovinfo.eov)
31 U.S. Code S 3729 - False claims I U.S. Code I US Law I L11 / Legal Information Institute
(cornell.edu)
4.55 Political Activities Prohibited: None of the funds provided directly or indirectly under this
Agreement shall be used for any political activities or to further the election or defeat of any
candidates for public office. Neither this Agreement nor any funds provided hereunder shall be
utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4,56 Text Messaging: Pwsuant to Executive Order 13513, "Federal Leadership on Reducing Tex[
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages
recipients and subrecipients to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course of performing work funded by HUD and to establish
workplace safety policies and conduct education, awareness, and other outreach to decrease crashes
caused by distracted drivers.
4.57 Trafficking in Persons: SUBRECIPIENT agrees to, at any tier, comply with all applicable
requirements (including requirements to report allegations) pertaining to prohibited conduct related
to the trafficking of persons, whether on the part of SUBRECIPIENT and any employees of
SUBRECIPIENT. The details of the SUBRECIPIENT's obligations related to prohibited conduct
related to the trafficking of persons are posted at
https://Oip,gov/funding/Explore/ProhibitedConduct-Trafficking htm.
4.58 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT
understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in
support of any contract or subaward to either ACORN or its subsidiaries, without the express prior
written approval of OJP.
4.59 If SUBRECIPIENT wishes to enter into a contract with a small business firm m• nonprofit
mganization regarding the substitution of parties, assignment, or performance of experimental,
developmental, or research work under this funding agreement, SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401, "Rights of Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements,"
and any implementing regulations issued by HUD.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de76I dc64c0&mc=true&n=nt37.1.40I &r
=PART&ty=HTML
Signature
Touth Flaeeu, Inc
rszz-oz
Shcltcr Personnel
Page to Follow
I4rgc 3J
f AQ
IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST:
CRYSTAL K. KINZEL, CLERK
\ DepLi/
i t
Attest as to Chaimuul'>r
sisnure only.
WITNESSES:
itness #1 Signature
as to form and legality:
Derek D. Perry ,7 23122
Assistant County Attorney 5�
Date: tic [ I U0 Z Z
Youlh Haven, Inc
ES22-02
Sheller Personnel
AS TO THE COUNTY:
BOARD OF OUWY COMMISSION
COLLLIIER� CO
W" C'
By:
Will' m L. McDaniel, Jr., Chairmi
Date: v 9E Z8 , Zo Z Z
AS TO SUBRECIPIENT:
YOUTH HAVEN, INC.
OF
ELD�EX� TIVEBIILHCTOR
[Please provide evidence of signing authority]
Page 35
G�,O
EXHIBIT A
The SUBRECIPIENT shall furnish to Collier County, c!o Comnunity and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
Workers' Compensation as required by Chapter 44Q Florida SrntutesI
2. Commercial General Liability including products and completed operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County shall be named as an additional
insured.
DESIGN STAGE (1F APPLICABLE)
In addition to the insurance required in I — 3 above, a Certificate of Insurance must be provided as follows:
4. Professiooal Liability Insurance in the name of the SUBRECIPIENT arthe licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this contract. This insurance shall be maintained for a period of two (2) years after
the Certificate of Occupancy is issued.
CONSCRUC"C[ON PHASE ([F APPLICABLE)
In addition to the insurance required in I — 4 above, the SUBRECIPEENT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior to
any construction:
Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one
hundred (100%) percent of the insurable value of the buildings) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under
the National Flood Insurance Program is obtained and maintained as a condition of financial
assistance for acquisition or construction purposes (including rehabilitation).
Youlh nnccn. Inc
ES22-02
Shelter Personnel
Page 36
f ��
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept in
force throughout the duration of the loan and/or contract.
7. Workers' Compensation as required by Chapter 440, Florida Statutes,
8. Commercial General Liability including products and completed operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%)
of the replacement cost of the property. Collier County must be shown as a Loss payee with respect
to this coverage A.T.I.M.A (As Their Interest May Appear),
1 I. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee
with respect to this coverage A.T.I.M.A.
Youth Hnren, Inc
rszz-oz
Shelter Personnel
Pi�ee 37
EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: YOUTH HAVEN, INC.
SUBRECIPIENT Address: 5867 Whitaker Road, Naples, FL 34112
Project Name: Shelter Personnel
Project No: ES22-02 - Payment Request #
Total Payment Minus Retainage
Period of Availability: _ through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient
CHS Approved
1. Grant Amount Awarded
$
$
2. Total Amount of Previous Requests
$
$
3. Amount of Today's Request (Net of Retainage, if
applicable)
$
$
4. Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage)
$
$
1 certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
I
Authorizing Grant Accountant
Supervisor (Approval required $14,999 and below) Division Director (Approval Required
$15,000 and above)
Youlh I Iavcn, Inc
es2z-o�
Sheller I'e"m,nel
Page 38
EXHIBIT B-I
Match Form
Collier County Request for Match
SECTION I: RE QUEST FOR PAYMENT
Subreci ientName:
YOUTH HAVEN, INC.
Subreci lent Address:
5867 Whitaker Road, Naples, FL
Project Name:
Shelter Personnel
Project No: ES22-02
I Match Re uest #
Match Amount Re uest Toda :
$0.00
SECTION I: STATUS OF FUNDS
1.
Total Match Amount per Agreement
$0.00
2.
Total Amount of Previous Match Submitted (hisert
Amount)
$0.00
3,
Total Match Amount Awarded Per Agreement Less
Total Amount of Previous Match Submitted
$0.00
4.
Amount of Today's Request (Insert Amount)
$0.00
5.
Match Balance (Match per Agreement less the Sum of
All Match Submitted)
$0.00
I celijy that [iris r•eq:iest.forpayment/match has been made in accordance with the terms and conditions ofthe
Agreement between the COUNTY and its cis SUBRECIPIENT/DEVELOPER. To the best of my knowledge and
belief all grantrequirements have been.followed.
Signature
Title
Authorizing Grant Coordinator•
Supervisor
Youlh ❑acen. Inc
ES22-02
Shelter Personnel
Page
39
Date
Authorizing Grant Accountant
Deparhnent Director
EXHIBIT C
Emergency Solutions Grants (ESG)
Quarterly Performance Report
Subreci ientName:
YOUTH HAVEN, INC.
Report Period:
Fiscal Year:
Contract Number:
Organization/s:
Program/s:
Contact Name:
Contact Number:
ES22-02
Shelter Personnel
Activit Re ortin Period
Re ort Due Date
October
l" —December 31
January 10"
January
l"— March 31
Aril 10"'
April I"
—June 30'b
Jul 10"'
Jul l" —September
30`I'
October 10"'
CLaracteristics Repm•t
1. Report Selection Criteria
Ethnicity
Quarter
YTD
Race
Non-
Hispanic
Hispanic
Non -
Hispanic
Hispanic
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
Other/Multi-Racial
2. Number of adults and children served:
a. Residential
uarter
YTD
Number of Adults
Number of Children
Number of Unknown Age
b. Non -Residential
Number of Adults
Number of Children
Number
of Unknown A e
Youlh Haven, Inc
LS22-02
Shelter Personnel
Page 40
3. Number of individuals/families served, b categories:
Quarter
YTD
a. Number of individual households
(singles)
Male
Female
Male
Female
Unaccompanied 18 and over
Unaccompanied 17 and under
ual te
1 YTD
b. Number of Families with children
Male
Female
Male
Female
Headed by single 18 and over
Headed by single 17 and under
Headed by two parents 18 and over
Headed by two parents 17 and wider
Number of Families with no children
TOTAL
4. Total proiect(s)/service(s) provided to clients in ranee:
Quarter
YTD
a. emergency shelter facilities shelter
b. vouchers for shelters
c. drop -in center
d. food pantry
e. mental health
f. alcohol/drug
g. childcare
h. employment
i. transitional
'. outreach
k, soup kitchen/meal distribution
I, health care
m. HIV/AIDS services
n, other lease list
TOTAL
5. Number of clients served b sub population du licated count
uarter
YTD
a.
Cluonicall Homeless
IL
b.
Victims of Domestic Violence
c.
Elden
d.
Veterans
e.
Individuals with HIV/AIDS
f.
Chronic Substance Abuse alcohol and/or drug)
g.
Severely Mentally III
h.
Runaway / thmiyaway youth
i.
Other disability
(Physical and/or Developmental)
TOTAL
Youth Ihtven, Inc
rszz-oz
Shcher Personnel
P:Lge 41
(Chronically Homeless- HUD definition of a chronically homeless person is an unaccompanied homeless
individual with a disabling condition who has either: 1) been continuously homeless for a year• a more, or
2) has had at least four episodes of homelessness in the past three years.)
6. Clients housed by shelter type:
Quarter
YTD
Barracks
Group/Large House
Scattered Site Apartment
Single Family Detached House
Single Room Occupancy
Mobile Home/Trailer
Hotel/Motel
Other A al4ment/Com lex
Other Singfe-Family Duplex
Other
TOTAL
[ hereby certify the above information is true and accurate.
Signature:
Printed Name:
Title:
Yow• typed name here represents your electronic sienature.
Youth Havcu, Inc
rszz-ox
Sheller Personnel
Date:
Page 42
f AQ
EXHIBIT C-1
Emergency Solutions Grants (ESG) Leveraged Funds Report
Leveraged Funds must be identified, Lacked, and verifiable. Resources nmst be fully identified and
described as submitted with SUBRECIPIENT's application.
SubrecipientName:
YOUTH HAVEN, INC
Report Period:
Fiscal Year:
Contract Number:
Program:
Contact Name:
Contact Number:
ES22-02
Shelter Personnel
Leveraged Funds
See EXAMPLE below for how to complete this form.
Source
Amount
Type
Use
Total Project Cost
Ratio:
EXAMPLE
Source
Amount
Type
Use
CDBG
$ I,OOQ000
Other Federal
Funds
Land Acquisition
HOME
$870,000
Federal Funds
Infrastructure
Private Donation
$1,200,000
Cash & In -Kind
Infrastructure
Philanthropic
$3,500,000
Cash — local funds
52 units Affordable Housing
Total Project Cost
$69570,000
Ratio:
$1 Federal Dollar $2.51 Local
Funds
Youth Hnven, Inc
rsz>_-oz
Shcher Personnel
Signature Page to Follow
Puge 43
I hereby certify the above information is true and accurate,
Signature:
Printed Name:
Title:
Yom• typed mm�e here represents your electronic signature.
Youlh Ilaven, Inc
GS22-02
Shelter Personnel
Page 44
Date:
EXHIBIT D
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200,332 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding the organization's compliance. In determining Federal
awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity
related to the Federal award occurs, including any Federal award provided by Collier County. The determination
of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200,
Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215,97)
requirements.
Subrecipient
YOUTH HAVEN, INC.
Name
First Date of Fiscal Year MM/DD/YY
Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance Expended during most
Total State Financial Assistance Expended
recently completed Fiscal Year
during most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been
met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be
completed by . Copies of the audit report and management letter are attached or
will be provided within 30 days of completion,
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑
❑ Are a too -profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we understand
that the audit report contains a written response to the finding(s), we are requesting an updated
status of the corrective action(s) being taken. Please do not provide just a copy of the written
response fiom your audit report, unless it includes details of the actions, procedures, policies, etc.
implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature
Date
Print Name and Title
06/ t 8
youth Hnven, Inc
rszz-oz
Shelter Personnel
Page 45
G�,O
EXHIBIT E
EMERGENCY SHELTERS
Mininmm Standards
The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for
Emergency Shelters, as applicable:
24 CFR 576.403(b): Minimum standards for emergency shelters. Any building for which Emergency
Solutions Grant (ESG) funds are used for conversion, major rehabilitation, or other renovations, must meet
State or Local government safety and sanitation standards, as applicable, and the following minimum safety,
sanitation, and privacy standards. Any emergency shelter that receives assistance for shelter operations
must also meet the following minimum safety, sanitation, and privacy standards. The COUNTY may also
establish standards that exceed or add to these minimum standards.
(I)
Struclur•e and materials. The shelter building must be structurally sound to protect residents
from the elements and not pose any threat to health and safety of the residents. Any
renovation (including major rehabilitation and conversion) carried out with ESG assistance
must use Energy Star and WaterSense products and appliances.
(2)
Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation
Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act
(42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of
the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where
applicable.
(3)
Space and security. Except where the shelter is intended for day use only, the shelter must
provide each program participant in the shelter with an acceptable place to sleep and
adequate space and security for themselves and their belongings.
(4)
Interior air quality. Each room or space within the shelter must have a natural or
mechanical means of ventilation. The interior air must be free of pollutants at a level that
might threaten or harm the health of residents.
(5)
Water supply. The shelter's water supply must be free of contamination.
(6)
Sanitary facilities. Each program participant in the shelter must have access to sanitary
facilities that are in proper operating condition, are private, and are adequate for personal
cleanliness and the disposal of human waste.
(7)
Thermal environment. The shelter must have any necessary heating/cooling facilities in
proper operating condition.
(8)
Illumination and electricity. The shelter must have adequate natural or artificial
illumination to permit normal indoor activities and support health and safety. There must
be sufficient electrical sources to permit the safe use of electrical appliances in the shelter.
(9)
Food preparation. Food preparation areas, if any, must contain suitable space and
equipment to store, prepare, and serve food in a safe and sanitary manner.
(10)
Sanitary conditions. The shelter must be maintained in a sanitary condition.
(t 1)
Fire safety. There must be at least one working smoke detector in each occupied unit of
the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire
alarm system must be designed for hearing -impaired residents. All public areas of the
shelter must have at least one working smoke detector, There must also be a second means
of exiting the building in the event of fire or other emergency.
Youth Ilaren, Inc
rszz-oz
Shelter Personnel
Pagc 46
�A�
EXHIBIT F
PERMANENT HOUSING
The SUBRECIPIENT nest adhere to 24 CFR 576.403(b) for the following minimum standards for
Permanent Housing, as applicable:
24 CFR 576.403(c): dJininnon standards for pernrnnent housing. The SUBRECIPIENT cannot use ESG
funds to help a program participant remain or move into housing that does not meet the minimum
habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed
a• add to these minimum standards.
(1)
Sh•uctur•e arrd materials. The structures must be shuchu•ally sound to protect residents from
the elements and not pose any threat to health and safety of the residents.
(2)
Space and security. Each resident must be provided adequate space and security for
themselves and their belongings. Each resident must be provided an acceptable place to
sleep.
(3)
Interior air quality. Each room or space must have a natural or mechanical means of
ventilation. The interior air must be free of pollutants at a level that might threaten or harm
the health of residents.
(4)
Water supply. The water supply must be free of contamination.
(5)
Sanitary facilities. Residents must have access to sanitary facilities that are in proper
operating condition, are private, and are adequate for personal cleanliness and the disposal
of human waste.
(6)
Thermal envh•onment. The housing must have any necessary heating/cooling facilities in
proper operating condition.
(7)
Illumination and electrici0� The structure must have adequate natural or artificial
illumination to permit normal indoor activities and support health and safety. There must
be sufficient electrical sources to permit the safe use of electrical appliances in the
structure.
(8)
Food preparation. All food preparation areas must contain suitable space and equipment
to store, prepare, and serve food in a safe and sanitary mariner.
(9)
Sanitmy conditions. The housing must be maintained in a sanitary condition.
(10)
Fire safety. There must be at least one working smoke detector on each occupied level of
the residences. Where possible, smoke detectors must be located near sleeping areas. The
fire alarm system must be designed for hearingimpaired residents. All public areas of the
housing must have at least one working smoke detector. Public areas include, but are not
limited to, laundry rooms, community rooms, hallways, stairwells, and other common
areas. There must be a second means of exiting the building in the event of fire or other
emergency.
Youth Hnveu, Lic
rsz>_-oz
Sheaer Personnel
Page 47
G��
EXHIBIT G
COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of are and
other programs.
(a) Carsnitalion iri(h the Contirunnn of Care. The SUBRECIPIENT and COUNTY must consult with the
Continuum of Care to determine how to allocate ESG funds each program year; develop the
performance standards for, and evaluate the outcomes of, projects and activities assisted by ESG
funds; and develop funding, policies, and procedures for the administration and operation of the HMIS.
(b) Coordination nrith other targeted homeless services. The SUBRECIPIENT and COUNTY must
coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other
programs targeted to homeless people in the area covered by the Continuum of Care or area over which
the services are coordinated to provide a strategic, community -wide system to prevent and end
homelessness for that area. These programs include:
(1)
Shelter Plus Care Program (24 CFR part 582)
(2)
Supportive Housing Program (24 CFR part 583)
(3)
Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for
Homeless Individuals (24 CFR part 882)
(4)
HUD -Veterans Affairs Supportive Housing (HUD-VASH) (division K. title II,
Consolidated Appropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026 (May 6,
2008))
(5)
Education for Homeless Children and Youth Grants for State and Local Activities (title VII-
B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq. ))
(6)
Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services
Act (42 U.S.C.290aa-5)
(7)
Healthcare for the Homeless (42 CFR part 51c)
(8)
Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C.
5701 et seq.))
(9)
Projects for Assistance in Transition from Homelessness (part C of title V of the Public
Health Service Act (42 U.S.C. 290co-21 et seq.))
(10)
Services in Supportive Housing Grants (section 520A of the Public Health Service Act)
(11)
Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331 et seq.))
(12)
Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence,
Dating Violence, and Stafking Program (section 40299 of the Violent Crime Control and
Law Enforcement Act (42 U.S.C. 13975))
(13)
Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans
Comprehensive Assistance Act (38 U.S.C. 2021))
(14)
Domiciliary Care for Homeless Veterans Program (38 U.S,C, 2043)
(15)
VA Homeless Providers Grant and Per Dienn Program (38 CFR part 61)
(16)
Health Care for Homeless Veterans Program (38 U.S.C. 2031)
(17)
Homeless Veterans Dental Program (38 U.S.C. 2062)
(18)
Supportive Services for Veteran Families Program (38 CFR part 62)
(19)
Veteran Justice Outreach Initiative (38 U.S.C. 2031)
Youlh I larch, tic
[S22-02
Shelter Personnel
Page
48
(c) System and program coordination twin mainstream resources. The SUBRECIPIENT and COUNTY
must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with
mainstream housing, health, social services, employment, education, and youth programs for which
families and individuals at risk of homelessness and homeless individuals and families may be eligible.
Examples of these programs include:
(1)
Public housing programs assisted under Section 9 of the U.S. Housing Act of 1937 (42
U.S.C. 1437g) (24 CFR palls 905, 968, and 990)
(2)
Housing programs receiving tenant -based or project -based assistance under Section 8 of
the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts 982 and 983)
(3)
Supportive Housing for Persons with Disabilities (Section 811) (24 CFR part 891)
(4)
HOME Investment Partnerships Program (24 CFR part 92)
(5)
Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265)
(6)
Health Center Program (42 CFR part 51 c)
(7)
State Children's Health Insurance Program (42 CFR part 457)
(8)
Head Start (45 CFR chapter XIII, subchapter B)
(9)
Mental Health and Substance Abuse Block Grants (45 CFR part 96)
(10)
Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq.)
(d) Centralized or comdinated assessment. Once the Continuum of Care has developed a centralized
assessment system or a coordinated assessment system in accordance with requirements to be
established by HUD, each ESG-funded program or project within the Continuum of Care's area must
use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of
Care to ensure the screening, assessment, and referral of program participants is consistent with the
written standards required by paragraph (e) of this section. A victim service provider may choose not
to use the Continuum of Care's centralized or coordinated assessment system.
(e) Wi•itien siandmds fa• providing ESG assistance. The SUBRECIPIENT must have written standards
for providing ESG assistance and must consistently apply those standards for all program participants.
At a minimum, these written standards must include:
(1) Standard policies urd procedures fa• evaluating individuals' and families' eligibility for
assistance under ESG.
(2) Standards for targeting and providing essential services related to street outreach.
(3) Policies and procedures for admission, diversion, referral, and discharge by emergency
shelters assisted under ESG, including standards regarding length of stay, if any, and
safeguards to meet the safety and shelter needs of special populations, e.g., victims of
domestic violence, dating violence, sexual assault, and stalking; and individuals and
families who have the highest barriers to housing and are likely to be homeless the longest.
(4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and
families' needs for essential services related to emergency shelter.
(5) Policies and procedures for coordination among emergency shelter providers, essential
services providers, homelessness prevention, and rapid re -housing assistance providers;
other homeless assistance providers; and mainstream service and housing providers (see
§576.400(b) and (c) for a list of programs with which ESG=funded activities must be
coordinated and integrated to the maximum extent practicable).
1'oulh liarcn, Inc
eszz-oz
Sheller Personnel
Page 49
(0) Policies and procedures for determining and prioritizing which eligible families and
individuals will receive homelessness prevention assistance and which eligible families
and individuals will receive rapid re-Irousing assistance.
(7) Standards for determining what percentage or amount of rent and utilities costs each
program participant must pay while receiving homelessness prevention or rapid re -housing
assistance.
(8) Standards for determining how long a program participant will be provided with rental
assistance and whether and how the amount of that assistance will be adjusted over time.
(9) Standards for determining the type, amount, and duration of housing stabilization and/or
relocation services to provide a program participant, including the limits, if any, on the
homelessness prevention or rapid re -housing assistance that each program participant may
receive; such as the maximum amount of assistance, maximum number of months the
program participant receives assistance, or the maximum number of times the program
participant may receive assistance.
(fl Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all
activities assisted under ESG are entered into the applicable community wide HMIS or a comparable
database, in accordance with HUD's standards on participation, data collection, and reporting under a
local HMIS. If the SUBRECIPIENT is a victim service provider or a legal services provider, it may
use a comparable database that collects client -level data over time (Le., longitudinal data) and
generates unduplicated aggregate reports based on the data. Information entered in a comparable
database must not be entered directly into or provided to an HMIS.
Youlh ❑avers, Inc
rszz-oz
Sheller Personnel
Page SG
APPRAISAL REPORT
FOR
COLLIER COUNTY GMD/
TRANSPORTATION
ENGINEERING
SUBJECT PROPERTY:
2.42 ACRES ALONG TAMIAMI TRAIL N.
NAPLES, FL 34110
101FEE
COLLIER COUNTY PROJECT NO: 60198
VETERANS MEMORIAL BLVD. EXTENSION
COLLIER COUNTY PARCEL NO:
101 FEE
AT THE REQUEST OF:
LISA BARFIELD
REVIEW APPRAISER
COLLIER COUNTY GMD/
TRANSPORTATION ENGINEERING
2885 S. HORSESHOE DRIVE
NAPLES, FL 34104
ASSIGNMENT NO.:
6177-TS
APPRAISAL EFFECTIVE DATE:
NOVEMBER 9, 2022
DATE OF REPORT:
NOVEMBER 18, 2022
6177 Report Table of Contents
Carroll & Carroll
Table of Contents
SUMMARY OF IMPORTANT DATA AND CONCLUSIONS ......................................................... 1
CERTIFICATION ..................................................................................................................................... 2
SCOPE OF WORK ................................................................................................................................... 4
ESTATE APPRAISED .............................................................................................................................. 5
DEFINITION OF MARKET VALUE ..................................................................................................... 6
ASSUMED EXPOSURE TIME ................................................................................................................ 6
AREA INFORMATION .......................................................................................................................... 7
MARKET AREA ..................................................................................................................................... 17
PROPERTY INFORMATION ............................................................................................................... 28
SITE DESCRIPTION .......................................................................................................................... 29
SUBJECT PHOTOGRAPHS .............................................................................................................. 31
ENVIRONMENTAL CONTAMINATION .................................................................................... 36
NATURAL RESOURCE CONCERNS ............................................................................................ 37
ZONING .............................................................................................................................................. 39
ASSESSMENT AND TAXES ............................................................................................................ 41
FLOOD ZONE DATA ....................................................................................................................... 42
TRANSACTIONAL HISTORY ........................................................................................................ 43
CURRENT STATUS ........................................................................................................................... 43
HIGHEST AND BEST USE ................................................................................................................... 44
CONSIDERATION OF APPROACHES ............................................................................................. 45
SALES COMPARISON APPROACH ................................................................................................. 46
COMPARABLE SALES MAP ........................................................................................................... 47
VACANT LAND COMPARABLES ................................................................................................ 48
SALES ADJUSTMENT GRID ........................................................................................................... 53
INDICATION OF VALUE ................................................................................................................ 57
ESTIMATE OF VALUE ..................................................................................................................... 57
ADDENDA ............................................................................................................................................. 59
6177 Report Summary of Important Data & Conclusions
Carroll & Carroll 1
SUMMARY OF IMPORTANT DATA AND CONCLUSIONS
This information is summarized only for convenience. The value given is the final, rounded
conclusion of the appraisal. To use this summary without first reading the appraisal report
could be misleading.
PROPERTY INFORMATION
Property Identification
2.42 Acres along Tamiami Trail North, Naples, FL 34110
Parcel No. 101 FEE
Property Description
A 2.42-acre or 105,415 square foot vacant parcel located
along the east side of Tamiami Trail North, north of Old 41
Road in Naples, Florida.
Property Type Vacant Land
Owner of Record A L Dougherty Co., Inc.
Property ID # 00154600000
CLIENT INFO & VALUE CONCLUSIONS
Client Collier County GMD/Transportation ROW
Intended Use
To assist in Collier County land acquisition for internal
decision making.
Intended Users
Collier County GMD/Transportation Engineering and the
property owner.
Appraisal Effective Date November 9, 2022
Date of Report November 18, 2022
Date of Inspection November 9, 2022
Purpose of Appraisal Estimate Market Value “As Is”
Estate Appraised Fee Simple
Interest Appraised 100%
Estimated Market Value $3,370,000
GENERAL INFO
Appraiser
Timothy W. Sunyog, MAI
State-Certified General Appraiser RZ 3288
Scope of Work All applicable approaches to value were developed.
EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS
I was not provided with a boundary survey of the property and therefore relied on the site
area determined by the Collier County Property Appraiser. I reserve the right to reconsider
the site area and value conclusion contained herein should a boundary survey be provided.
HYPOTHETICAL CONDITIONS
None
6177 Report Certification
Carroll & Carroll 2
CERTIFICATION
I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF:
I personally inspected the subject property and made an inspection of all comparable
sales or listings identified in the report.
The statements of fact contained in this report are true and correct.
The reported analyses, opinions and conclusions are limited only by the reported
assumptions and limiting conditions and our personal, impartial and unbiased
professional analyses, opinions and conclusions.
I have no present or prospective interest in the property that is the subject of this report
and no personal interest with respect to the parties involved.
In the three years immediately prior to acceptance of this assignment I have not
performed any services regarding the subject property as appraisers, or in any other
capacity.
I have no bias with respect to the property that is the subject of this report or the parties
involved with this assignment.
My engagement in this assignment was not contingent upon developing or reporting
predetermined results.
My compensation for completing this assignment is not contingent upon the
development or reporting of a predetermined value or direction in value that favors the
cause of the client, the amount of the value opinion, the attainment of a stipulated result
or the occurrence of a subsequent event directly related to the intended use of this
appraisal.
My analyses, opinions and conclusions were developed, and this report was prepared,
in conformity with the Uniform Standards of Professional Appraisal Practice. I am also
subject to the Code of Ethics and Standards of Professional Practice of the Appraisal
Institute, which includes provisions for peer review.
The use of this report is subject to the requirements of the State of Florida relating to
review by the Florida Real Estate Appraisal Board and to the requirements of the
Appraisal Institute relating to review by its duly authorized representatives.
6177 Report Certification
Carroll & Carroll 3
No one other than the undersigned prepared the analyses, opinions and conclusions
concerning real estate that are set forth in this report.
As of the date of this report, I have completed the requirements of the continuing
education program of the State of Florida, and for Designated Members of the
Appraisal Institute.
CARROLL & CARROLL
Timothy W. Sunyog, MAI
Cert Gen RZ3288
6177 Report Scope of Work
Carroll & Carroll 4
SCOPE OF WORK
All applicable approaches to value were developed and the value conclusion reflects all
known information about the subject property, market conditions, and available data.
The scope of work was:
• Personally inspected the subject property and made an inspection of all comparable
sales or listings identified in the report
• Reviewed aerial photographs, land use plans, the Land Development Code, and other
documentation
• Reviewed how the property relates to its neighborhood and to the broader market area
in development of an opinion of highest and best use
• Researched vacant land comparable sales, listings, and pending sales
• Developed the sales comparison approach
• Estimated the market value of the fee simple estate
• Prepared an appraisal report summarizing the appraisal assignment, the property
appraised, the application of the appraisal methodology, and the logical support for the
value conclusion
Sources of market data included local and regional MLS systems, CoStar, LoopNet, public
records, and interviews with real estate brokers.
6177 Report Estate Appraised
Carroll & Carroll 5
ESTATE APPRAISED
The estate appraised is the Fee Simple Absolute. For appraisal purposes Fee Simple
Absolute is synonymous with Fee Simple.
The Dictionary of Real Estate Appraisal, Seventh Edition, published 2022 by the Appraisal
Institute, defines Fee Simple Estate as:
Absolute ownership unencumbered by any other interest or estate, subject only to the limitations
imposed by the governmental powers of taxation, eminent domain, police power, and escheat.
We consider easements, but only to the extent that they are known to us. Appraisal of the
fee simple means that an improved property is vacant and available to be put to its highest
and best use.
6177 Report Definition of Market Value
Carroll & Carroll 6
DEFINITION OF MARKET VALUE
In United States tax law, the definition of Fair Market Value is found in the United States
Supreme Court decision in the Cartwright case:
The fair market value is the price at which the property would change hands between a
willing buyer and a willing seller, neither being under any compulsion to buy or to sell
and both having reasonable knowledge of relevant facts.
United States v. Cartwright, 411 U. S. 546, 93 S. Ct. 1713, 1716-17, 36 L. Ed. 2d 528, 73-1 U.S.
Tax Case. (CCH) ¶ 12,926 (1973) (quoting from U.S. Treasury regulations relating to Federal
estate taxes, at 26 C.F.R. sec. 20.2031-1(b)).
ASSUMED EXPOSURE TIME
The reasonable exposure time is assumed to have already occurred as of the appraisal
effective date. The assumed reasonable exposure time was between 4 and 6 months.
6177 Report Area Information
Carroll & Carroll 7
AREA INFORMATION
COLLIER COUNTY ANALYSIS
An analysis of geography, transportation, population, employment, income, and education
for Collier County is performed using data provided by Site to Do Business, Florida Office
of Economic & Demographic, United States Department of Labor, all recognized source(s).
GEOGRAPHY
Collier County is the most southerly county on Florida's west coast offering mainland
coastal development. Collier County is west of Ft. Lauderdale and south of Tampa. With
2,025 square miles of land area, it is the largest county in Florida. About 63% of the land
area is in public ownership, is set aside for environmental preservation, or is scheduled for
public land acquisition.
The region enjoys a climate that is classified as subtropical. Summers are relatively mild,
and winters are usually frost free. A hard freeze is a rarity. The climate, especially in winter,
is one that attracts and is enjoyable to most people.
The geography of the area runs generally northwest and southeast as indicated by the trend
of the coastline. Beaches extend from the northern county line south to Cape Romano and
then, as the coastline trends further to the southeast, beaches give over to mangrove islands
and swamps. Moving northeastward from the beaches, elevations increase very slowly.
Most of the county is less than 15 feet above mean sea level. Although changes in elevation
6177 Report Area Information
Carroll & Carroll 8
are gradual, they are well defined by variations in vegetation. Much of the county is, or was
once, wetland. The once plentiful marine resources are largely depleted, but still provide
good sport fishing.
Population centers include the coastal communities of Naples, Marco Island and
Everglades/Chokoloskee. Immokalee, the single large interior community, is in north
Collier County and is the agricultural center of the region.
POPULATION
“The social forces studied by appraisers primarily relate to population characteristics. The
demographic composition of the population reveals the potential demand for real estate,
which makes the proper analysis and interpretation of demographic trends important in an
appraiser’s analysis.” The total population, it's composition by age and gender, and the rate
of household formation and dissolution strongly influence real property values. (The
Appraisal of Real Estate 14th Edition)
Collier County’s population has continued to increase year after year. The population has
increased 9.24% as of 2020 from 2016. The population forecasts through 2025 calls for a
continued steady growth cycle with an estimated 8.93% population growth from 2020 to
2025.
6177 Report Area Information
Carroll & Carroll 9
Collier County for years has been one of the nations’ fastest growing counties, historically
outperforming the state. Population increases began in 2010, trending once again towards
outperforming the state. Strong growth is expected at 5 to 10% annually through 2025.
Collier County is a popular retirement destination. As of 2020, 55.6% of the County’s
residents are over the age of 45. The 2025 forecasts depict an aging community with 56.2%
of the population 45 years of age or older.
6177 Report Area Information
Carroll & Carroll 10
EMPLOYMENT
Collier County is a largely service based economy with 37.6% of the employees in the
leisure, hospitality, education, and health service industries and 21.4% in professional,
business, financial and other services. Trade, transportation, & utilities along with
government jobs account for 27.9% of the County’s employees. Industries such as natural
resources/mining, construction, and manufacturing make up only 5.4% of the market.
Top 11 Largest Employers Collier County -2019
Rank Company Employees
1 Publix Super Market 8,728
2 NCH Healthcare System 7,017
3 Collier County School District 5,604
4 Collier County Local Government 5,119
5 Arthrex, Inc 2,500
6 Ritz Carlton- Naples 1,450
7 City of Naples 1,169
8 Moorings Park 888
9 News-Press/Naples Daily News 840
10 Physicians Regional 950
11 Seminole Casino 800
Source: www.swfleda.com/top-100-employers/ as reported in 2019
The unemployment rate in Collier County exceeded the state average by a slight margin in
the years 2009 and 2010. The unemployment rate then declined through 2016 as the
economy improved and, until recently, Collier County’s unemployment rates decreased
more rapidly the state.
6177 Report Area Information
Carroll & Carroll 11
INCOME
Collier County’s per capita income and median household income levels are higher than
state statistics. The most substantial difference between Collier County and the state is the
large percentage difference in household incomes above $100,000 where Collier County
exceeds the state by over 9%. Collier County's percentage household incomes ranging from
$25,000 to $99,999 mirror that of the state but is significantly lower in the percentage of
household incomes under $25,000. Income levels vary greatly within different areas of
Collier County, and so, will be discussed in greater detail in the Market Area descriptions.
TRANSPORTATION
The transportation system reflects local geography, population densities and the primary
motivators of tourism, service industry employment, the construction industry, agriculture,
and leisure activities.
ROADS
The earliest roads were coastal, extending from north to south in the early twentieth century
with the first settlers. Principal among these is US-41, commonly referred to as the Tamiami
Trail because it was built to connect Tampa and Miami. Where it passes through the coastal
community US-41 is a four or six lane divided highway with landscaped medians, curb and
gutter, streetlights and often with concrete sidewalks. The Trail is the principal coastal
arterial and one that defines several important boundaries. Often there is a noticeable land
value difference east and west of US-41 because the affluent coastal population prefers to
shop and trade close to home. As the highway turns southeast from downtown Naples
toward Miami the Trail defines the boundary of the coastal management zone which affects
6177 Report Area Information
Carroll & Carroll 12
development densities and storm evacuation requirements. The eastern segment of US -41
is a designated national scenic highway popular with tourists, especially during the winter
season as they seek adventure in the Everglades.
A system of asphalt surfaced arterials, major collectors, minor collectors, and neighborhood
streets extend into the urban area east and west from US-41. North-south arterials and
major collectors are established about one mile apart. From west to east, these include
Goodlette-Frank Road, Airport-Pulling Road, Livingston Road, Santa Barbara Boulevard
and Collier Boulevard. The east-west grid is spaced about two miles apart; from north to
south being Immokalee Road (CR-864), Vanderbilt Beach Road (CR-862), Pine Ridge Road
(CR-896), Golden Gate Parkway (CR-886), Radio Road (CR-856), Davis Boulevard (SR-84),
and Rattlesnake Hammock Road (CR-864). Within the urban area all of these are at least 4
lane divided highways.
East of Collier Boulevard the road system reflects the economies of scale of Golden Gate
Estates subdivision (the Estates) where 102 square miles of rural subdivision is supported
by a grid system of paved and unpaved 2 lane streets, with 2 and 4 lane asphalt surfaced
major collectors. Golden Gate Boulevard, a 4-lane divided road for five of its eleven miles
east of CR-951, is the principal east-west collector. Everglades Boulevard (2 lane and
asphalt surfaced) is the north-south major collector extending south from Immokalee Road
14 miles to the grade separation at I-75 where it continues into the Picayune Strand State
Forest. Most of the neighborhood streets in Golden Gate Estates are asphalt. Collier
County is planning to extend east-west collectors through the Estates along the alignment of
Vanderbilt Beach Road and somewhere south of Golden Gate Boulevard. A north-south
connection is also planned from the eastern terminus of White Boulevard (Pine Ridge Road)
north to Golden Gate Boulevard.
Interstate highway 75 (I-75) was extended from north to south through Collier County in
the mid-1980s along a flood-proof route about five miles inland. Directly east of the City of
Naples I-75 joins the original alignment of State Road 84 (Alligator Alley) connecting with
Florida's east coast at Ft. Lauderdale. The coastal community I-75 interchanges are spaced
three to four miles apart at Immokalee Road (CR-864), Pine Ridge Road (CR-896), Golden
Gate Parkway (CR-886), and at Collier Boulevard/Davis Boulevard (CR-951/SR-84). Twenty-
one miles east of the coastal community is an interchange at State Road 29; the last
interchange in Collier County. Collier County and the FDOT continue to study the
feasibility of an interchange at Everglades Boulevard.
The advent of I-75 signaled a change in the relationship of Collier County to the rest of
Florida and the United States. While US-41 was the only north-south arterial, Collier
County was dominated by the conservative mid-western influences of seasonal residents
and somewhat isolated from the larger urban areas of Florida. After the late 1980s, road
access to Collier was made much more convenient to the northeast via connections with I -4
6177 Report Area Information
Carroll & Carroll 13
and I-95. This had the effect of broadening Collier's market exposure and it stimulated
growth. The extension of I-75 south into Dade County promoted better access for European
tourists and made Collier County transient lodging attractive for east coast weekenders.
Strategic connections exist where Collier Boulevard and CR-92 extend south and west from
US-41 providing access to the City of Marco Island from the greater Naples area and from
Florida's east coast, respectively. State Road 29 connects the southwest Florida agricultural
center of Immokalee with points north, with the Naples coastal community via CR-846,
with the Ft. Myers coastal community via SR-82, and with US-41 at Everglades City which
is the western gateway to Everglades National Park and the 10,000 Islands region of
Collier's southwest coast.
The road transportation system is well planned, well maintained, and operating at
acceptable capacity. Ambitious road construction projects undertaken in anticipation of
growth projections and funded by impact fees have caught up with development. The road
system reflects Collier's position at the southerly limit of development on Florida's west
coast.
MASS TRANSIT
Collier Area Transit (CAT), operated by Collier County Alternative Transportation Modes
Department, provides inexpensive alternative transportation throughout the county linking
major employment centers of Naples with Marco Island and Immokalee. There are several
circulation routes with stops at the County government complex, hospitals, and major
shopping establishments. The system accommodates bicycle transport and personal items.
The same County department administers the Collier Area Para Transit system which
provides subsidized transportation services for the disabled and economically
disadvantaged.
This is a successful and growing system that connects people with jobs, essential services,
and shopping while reducing transportation costs and road congestion.
AIRPORTS
Collier County is supported by a system of five public airports. Southwest Florida
International Airport (RSW) is located in Lee County 25 miles north of Naples; a 45-minute
drive via I-75 from the Collier center of population. This facility serves the five county
southwest Florida regions offering domestic and international air carrier service. It is
modern, convenient, and has planned expansion to keep up with regional growth.
Naples Municipal Airport (APF) owned by the City of Naples and operated by the
independently constituted Naples Airport Authority which derives its revenue principally
from fuel sales. This small airport (about 1 sq. mi.) is located one mile east of downtown
Naples. It serves the coastal community and is especially convenient to affluent residents
6177 Report Area Information
Carroll & Carroll 14
who own private aircraft, to the corporate convention business of the large beachfront
hotels, and to essential services like mosquito control, Emergency Medical Services (EMS),
the Sheriff's office, and private air ambulance services. The two paved runways (5/23 @
5,290' and 14/32 @ 5,000') will support jets including the G4 and Challenger series. Naples
airport is tower controlled and fully certified for commercial operations and is home to
several aircraft charter services and flight training schools. In 2005, Naples Municipal
Airport accommodated 163,434 aircraft operations, a record high. Annual operations
decreased by nearly 50% from 2005 to 2011. The total operations for 2020 were 104,479,
which is a 5.2% increase from the previous year. Due to its downtown location, Naples
airport has restricted operations of the noisiest jet aircraft and is at the leading edge of noise
abatement measures.
The Collier County Airport Authority owns and operates airports at Marco Island, in
Everglades City, and at Immokalee. These are primarily funded through fuel sales and
hangar leases. Marco Island Airport (MKY) is a very small (64.47 acres) general aviation
facility on the mainland four miles northeast of Marco Island. The single paved runway
(17/35 @ 5,000') will support light jet traffic. Hanger and ramp space is very limited. Fuel is
available. This airport is convenient to Marco Island residents and to the corporate
convention business of the Island hotels. Immokalee Regional Airport (IMM) is one mile
east of Immokalee and 35 miles by road northeast of Naples. This 2 square mile airport has
two paved 5,000-foot runways (18/36 and 09/27) a third diagonal runway is now used as a
weekend drag racing strip. The airport is in a Florida Rural Enterprise Zone and a HUB
Empowerment Zone. A 60-acre zone in and around the airport is a designated Foreign
Trade Zone. To date, the economic potential of this airport is largely unrealized. However,
the field is active as a training destination for coastal-based flight schools, it hosts aerial
firefighting and crop-dusting operations, and it bases numerous private aircraft. The
Everglades Airpark (X01) is a light duty general aviation facility of 29.14 acres is within
walking distance of downtown Everglades City. The single paved strip (15/33 @ 2,400')
supports itinerant coastal traffic and half a dozen-based aircraft. Fuel, a comfortable pilot
center and bicycles are available.
The aviation community is well supported. The greater Naples area is the beneficiary the
winter season influx of corporate executives and affluent individuals who can afford luxury
private jet travel.
6177 Report Area Information
Carroll & Carroll 15
MARINE TRANSPORTATION
There is no deep-water port and no commercial marine activity other than that associated
with commercial fishing, charter sport fishing, and the marine towing services that support
the pleasure boat industry. The controlling depth to the municipal dock in Naples Bay is six
feet at mean low water. The US Coast Guard maintains a dredged and well-marked
intracoastal waterway from the head of Naples Bay to Coon Key southeast of Marco Island.
Local geography requires vessels northbound from Naples to transit 30 miles of the Gulf of
Mexico before returning to the sheltered intracoastal system at Sanibel Island. According to
the Marine Industries Association of Collier County, as of early 2019 there were 22,749
registered vessels in Collier County. Seasonally, excursions from Marco Island to Key West
and from Ft. Myers Beach to Key West are scheduled daily.
EDUCATION
The Collier County School District provides public education to about 51,905 students
encompassing grades K-12. There are a total of 48 public schools consisting of 29
elementary, 10 middle, 8 high schools and one K-12 (Everglades City School). There are
also 12 alternative school programs. In addition to the public school system there are
numerous private schools scattered throughout the county. The Collier County School
District continues to receive a “B” grade by the State of Florida Department of Education.
By definition, an “A” or “B” grade delineates high performance. Between 2015 and 2020 the
school district had an overall population growth of more than 6,000 students.
Collier County is also home to several colleges and accredited universities. Three colleges
have campuses in Collier County: Ave Maria University, Hodges University and Florida
Southwestern State College (formerly Edison Community College). Ave Maria University is
6177 Report Area Information
Carroll & Carroll 16
a private catholic university that offers both undergraduate and graduate programs
including a law school has around 1,129 students. Florida Southwestern State College with
campuses in Naples, Punta Gorda, and Ft. Myers, offers both two-year and four-year degree
programs for 15,389 students, and Hodges University is a private four-year college that
offers bachelors and master’s degrees in 20 disciplines for around 1,676 students. Nearby
Florida Gulf Coast University (located in southern Lee County) is one of the state's fastest
growing institutions and home to over 15,373 students.
CONCLUSION
At the southerly limit of urban development on Florida's west coast, Collier County offers
the climate, natural resources, and sporting opportunities to support a superb retirement
community. The quality of infrastructure, schools, and social services is what one would
expect of such an area. We are experiencing a surge in new development projected to take
us through the next several years. In the long term, the attractions of the climate and
location, and the stability of fixed-account affluence promise continuing prosperity
although probably without the strong emphasis on new development.
6177 Report Market Area
Carroll & Carroll 17
MARKET AREA
Market Area is defined as:
“The geographic region from which a majority of demand comes and in which the
majority of competition is located.” (The Dictionary of Real Estate Appraisal 7th Edition)
“A market area is defined in terms of the market for a specific category of real estate
and thus is the area in which alternative, similar properties effectively compete with the
subject property in the minds of probable, potential purchasers and users.” (The
Appraisal of Real Estate 15th Edition)
A market area includes those surrounding land uses which impact the value of a property
and it can encompass one or more neighborhoods or districts. An appraiser focuses on the
market area in analyzing subject property value influences.
BOUNDARIES
Subject property is located within the Greater Naples area. For appraisal purposes the
market area boundaries are shown below:
➢ North Bonita Beach Road
➢ South City of Naples/ East Naples
➢ East Golden Gate and Immokalee
➢ West Gulf of Mexico
6177 Report Market Area
Carroll & Carroll 18
Environmental Influences
This area is desired because of mild winter weather and easy access to miles of beaches.
The Naples area is one of the very few in Florida that offers adequate public access to a
mainland beach. The subtropical weather allows for year-round recreational opportunities.
Boating and swimming are popular activities and boating is supported for seasonal
residents and tourists by local marinas and charter boats. Bicycling, walking, and jogging
are supported by an extensive network of connected biking and walking paths. Multiple
tennis and pickle ball courts are available, as well as fitness centers. Collier County has
more golf courses per capita than most areas in the United States and the majority of the
courses in Collier County fall within this market area.
Greater Naples is known for its clean environment and healthy lifestyle. Development has
occurred in such a way that the open-space and lush landscaping give the appearance of a
well-manicured, tropical paradise.
Governmental Influences
This market area is governed by Collier County Board of County Commissioners which
serves as chief legislative body and five constitutional officers: sheriff, clerk of courts, tax
collector, supervisor of elections, and property appraiser. County government is managed
by a strong county manager structure. Collier County provides services which range from
average to high quality. However, Collier County is known for being a difficult county for
building and development. The tax burden in Collier County is lower than the national
average.
County government has zoning, and comprehensive plan ordinances designed to protect
the character and values of property; to protect and enhance economic development; and to
maintain and enhance the attractive nature of the area.
Public services include fire protection, solid waste disposal, potable water, sanitary sewer
service and storm water drainage. Public/private companies proved adequate services for
electricity, cable, and internet. Community support facilities such as schools, parks,
churches, shopping, and places of employment are all located within this market area.
Collier County Sheriff Department provides full range of services for Collier County.
According to the statistics listed by Florida Department of Law Enforcement, Collier
County crime index falls in the lowest 16% of all counties in Florida and crime rate has
decreased nine out of the past ten years. About 78% of all crime is either burglary or
larceny. The county averages are representative of conditions in Greater Naples.
This market area is served by several arterial roadways. All are six-lane divided highways
with beautifully landscaped medians. Improvements include street lighting and concrete
curb and gutter. North-south arterial roadways include Tamiami Trail (US-41) which
6177 Report Market Area
Carroll & Carroll 19
serves the coastal communities. It is almost entirely developed with good quality office and
retail uses. Goodlette-Frank Road parallels US-41 offering a less congested alternative for
coastal north/south bound traffic. Development along Goodlette-Frank Road is primarily
residential with commercial at major intersections. Airport-Pulling Road is located between
Interstate I-75 and Tamiami Trail. Development along this arterial is a mixture of
single/multi-family residential, office, industrial and retail uses. Livingston Road is a
limited access arterial which connects Collier County to Lee County. Collier Boulevard
(SR-951) connects Immokalee Road to Marco Island.
East-west arterials include Golden Gate Parkway, Pine Ridge Road, and Immokalee Road.
Each one provides direct access to Interstate I-75. Development along Golden Gate
Parkway is mainly developed with gated communities, single family homes, and
institutional uses. Pine Ridge and Immokalee Roads have a mixture of single/multi-family
residential, office, industrial, institutional, and retail uses.
Interstate I-75, which connects Collier County to both North Florida and Florida’s east
coast, serves this entire market area and access is provided by four interchanges.
The arterial road system is laid out in a grid pattern that provides adequate traffic flow to
all areas of the county. Commercial development exists at every major intersection; but the
intersections are designed with proper turns lanes and signaling to provide for adequate
traffic movement. The road network easily handles traffic demand in the off-season, May
through December. Traffic more than doubles in January, February, March and April
because of seasonal residents and tourists. Even with exceptionally heavy traffic, the road
network usually handles peak traffic demand without major delays.
Public transportation is provided by a county transit bus service.
Naples Municipal Airport is located at the western boundary of this market area, minutes
from wealthy neighborhoods. Greater Naples is the beneficiary of seasonal influx of
corporate executives and affluent individuals who can afford luxury private jet travel.
Social Influences
US Census Bureau, Esri forecasts, 2020 population is 144,759 with a projected growth to
157,865 (10% growth) by 2025. This area is seasonal increasing about 20% during the winter
months, according to Collier Business & Economic Development.
The median age is 56.2, with 52% of the population being 55 and older. Only 20% is
younger than 25. The median household income is $82,539.
The Naples cost of living is 2% higher than the average cost of living in the United States.
Conversely, Florida has a cost of living that is lower than the US average. Of the 25 locations
6177 Report Market Area
Carroll & Carroll 20
included in the Economic Policy Institute's dataset for Florida, Naples-Marco Island is the
21st most expensive. In Naples, housing is the category with the highest index (21% above
national average), while taxes are the category with the lowest index (15% below national
average). (Ref. Careertrends.com; cost of living analysis)
The dominant population is well educated. 48.9% have a bachelor’s or professional degree
and 24.2% have some college education. There is a high degree of community involvement
through civic organizations, neighborhood groups, social service organizations and political
committees.
One of the main driving forces impacting growth in this area is the quality of schools. This
market area has 12 public schools: two high schools, three middle schools, and seven
elementary schools. A new high school is proposed to be constructed along Veteran’s
Memorial Boulevard and is projected to open in the Fall of 2023. All school received an A
rating in the last grading period, except two elementary schools which received B ratings.
This is considered the premier school district in the county. In addition, there are four, high
quality, private schools.
As reflected in the data, Naples is primarily populated by active, affluent, and highly
educated people attracted by the environmental influences stated earlier. Other deciding
factors include the availability of several cultural, fine arts, and educational opportunities
and a multitude of fine dining restaurants. Also, the professional services that they require,
such as financial, medical, retail, and recreational, are conveniently available.
6177 Report Market Area
Carroll & Carroll 21
6177 Report Market Area
Carroll & Carroll 22
6177 Report Market Area
Carroll & Carroll 23
Economic Influences
This area’s income levels are above the County’s average. The average household income in
2020 was $124,427 which is 185% higher than the county average $43,585. In the subject
market area, 41.2% of the households have annual incomes greater than $100,000, compared
to the county figure of only 34.1%. Median home value in this area is $395,584. 28.2% of the
homes are valued between $500,000 and $1,000,000 and 11.8% are valued over $1,000,000.
Total number of households in the market area is 92,462, of which 51.4% are owner
occupied, 19.4% renter occupied and 29.2% vacant (vacancy includes seasonal rentals).
Development trends:
Residential
Residential development density varies from less than 1 unit per acre in estates districts, to
as high as 12 units per acre in the multi-family projects clustered near the major
intersections. The typical density is 3 to 4 units per gross acre. Greater Naples has a full
range of housing product from affordable housing rental complexes to multimillion-dollar
single family homes. The large, packaged golf communities are marketed towards retired
persons with financial resources adequate to own more than one home, to join a country
club and to live comfortably. Such individuals expect commercial and professional services
to be convenient and they are willing to pay for convenience and good quality. These
communities include Pelican Bay, Pelican Marsh, Tiburon, The Strand, Mediterra, Talis
Park, The Vineyards, Grey Oaks, and Collier's Reserve. A secondary retirement or seasonal
market is served by non-golfing communities which offer smaller homes and
condominiums, and several developments are marketed to young professional with
families. The last remaining large parcels of land along Livingston Road and Immokalee
Road are being developed with single and multi-family residential product. Rental
apartments have also been developed due to the shortage of affordable housing.
Given the burgeoning demand for senior care and the population growth projections there
has been a recent flurry of development of Assisted Care Living Facilities (ACLF) or
Continuing Care Retirement Community (CCRC). There are approximately 900 units either
existing, under construction, or proposed within the market area.
Commercial
Commercial development in this market area includes banks, office buildings, industrial,
professional offices/medical, retail centers, restaurants, hotels, and anchored shopping
centers. Reflecting the overall characteristics of the surrounding residential the existing
commercial development represents some of the newer, modern, and highest quality within
the county. Somewhat unique is the number of large planned commercial developments
with that attract large numbers of both tourists and residents making this market area the
main destination-oriented commercial center in the county.
6177 Report Market Area
Carroll & Carroll 24
Naples Boulevard is located near the northwest corner of the intersection of Airport Road
and Pine Ridge Road. This development is home to a Regal Hollywood-20 movie theater,
Lowe's, Home Depot, Costco, Best Buy, Kohl's, Dick’s Sporting Goods, franchise
restaurants, and the Promenade at Naples Centre. This is a 165,000 square foot shopping
center located along Airport-Pulling Road and is anchored by JoAnn's Fabrics and Petco.
Vacant land is becoming scarce along Naples Boulevard and the last remaining pieces are
proposed to be developed with additional retail space and storage space due to the strong
demand and high rental rates in the area.
Waterside Shops is located along the west side of Tamiami Trail at the northwest corner of
Seagate Drive and Tamiami Trail North. Waterside Shops is 370,000 square foot outdoor
luxury shopping mall anchored by Saks Fifth Avenue. The center includes numerous
restaurants and 60 luxury retailers including Cartier, Tesla, Apple, and Gucci, just to name a
few. Commercial development in this area caters exclusively to the driving public.
Mercato, is a 53-acre mixed-use development located at the northeast corner of Vanderbilt
Beach Road and Tamiami Trail. The Mercato consists of 350,000 square feet of retail
commercial, 100,000 square feet of office space, a 10-screen movie theater, restaurants and
92 residences. The development is anchored by a 50,000 square foot Whole Foods and has
become a focus for evening entertainment.
Seed to Table one of the newest attractions to Naples. Owned and operated by Oakes Farm,
Seed to Table is the newest hub for grocery shopping and socializing. You can find fresh
produce from their farms, a butcher shop, fish market, 2-story wine section, a full-service
bakery, several restaurants and food kiosks, ice cream shop, a café, juice and smoothie bar,
wine bar, large deli, cheese section, sushi bar, and fresh garden center with plants/herbs/and
flowers.
The commercial developments are supported by strong commercial along Pine Ridge Road,
Airport-Pulling Road, and Immokalee Road.
Industrial
This market area is home to the three, primary industrial parks in Collier County. J & C
Industrial Park is located generally north of Pine Ridge Road and west of Airport-Pulling
Road. Naples Production Park is located east of Airport-Pulling Road across form the
Naples Airport. Both industrial areas support a variety of uses oriented to the local
construction industry and the small service businesses that cater to the community.
Development is a mixture of good quality industrial-flex space (office/showroom and
warehouse); industrial condominiums; single-tenant buildings; and manufacturing
warehouses. Both industrial parks are essentially 100% built up. Rail Head Industrial Park
is a newer development located off Old 41 Road in the northwest portion of the market
area. This park primarily consists of single-tenant, industrial flex buildings.
6177 Report Market Area
Carroll & Carroll 25
Creekside Commerce Park is an office/technology park allowing for light industrial. The
Arthrex headquarters is located within the Creekside Commerce Park and they just
completed a $100+ million expansion of the facility. Included in the expansion were three
new buildings. The Arthrex Event and Administration Building is a six-story, 300,000-
square-foot office building with meeting space and will include a 15,000-square-foot
cafeteria, a six-story parking garage designed for 1,400 vehicles. The INNovation Hotel is a
four-story, 170,000-square-foot full-service hotel with 160 rooms. The hotel will
accommodate Arthrex guests and business travelers. The Arthrex Wellness and Medical
Center is a 38,000-square-foot building fitness center and medical facility for Arthrex
employees.
The newest addition to Greater Naples Industrial market will be an Amazon Distribution
Center coming March 2021 on the corner of Davis and Collier Blvd. This warehouse will be
used to sort and deliver packages while also providing over 100 jobs to the community.
Medical
Medical services include the North Naples Hospital operated by the not-for-profit NCH
Healthcare System. This hospital is a 261-bed facility and is one of the area’s largest
employers. The hospital offers a 24-hour emergency department that provides a full range
of traditional emergency services and the county’s main birthing center. Because of strong
demand for medical services, several health parks or medical centers have been built or are
proposed within a two-mile radius of the hospital.
Physicians Regional Medical Center located northeast of the interchange at Pine Ridge Road
and Interstate I-75 was constructed in 1999. With 183 beds this is one of the county's four
major medical centers.
Physicians Regional and NCH will both have urgent care/hospitals at the corner of
Immokalee Road and Collier Boulevard.
6177 Report Market Area
Carroll & Carroll 26
According to 2016 consumer spending data, financial investments, which include both
retirement plans and other investments, is the strongest spending segment with an
estimated $ 3 billion spent. Maintaining housing units is next with over $ 1.2 billion being
spent on mortgages, utilities, and remodeling. Next strongest is $ 600 million paid for food
purchases, both at home and away from home. The retail marketplace is dominated by
motor vehicle, food and beverage and general merchandise industries. The business sector
is dominated by the service industry. The large number of employees in the service sector
is impacted by Ritz-Carlton which has two resorts in this market area and is one of the
largest employers in Collier County.
6177 Report Market Area
Carroll & Carroll 27
MARKET AREA LIFE CYCLE
Market areas often pass through a four-stage life cycle of growth, stability, decline, and
revitalization.
• Growth – A period during which the market area gains public favor and acceptance.
• Stability – A period of equilibrium without marked gains or losses
• Decline – A period of diminishing demand
• Revitalization – A period of renewal, redevelopment, modernization and increasing
demand.
The Greater Naples real estate market is in a period of growth characterized by population
increase and economic growth in both the residential and commercial markets. This area
remains one of the most desirable in Collier County.
CONCLUSION
This continues to be a strong market area because it occupies a strategic north Naples
location that cannot be duplicated by new development. With a healthy mixture of land
uses, high traffic counts, ample employment opportunities and attractive residential and
commercial development this area will continue to grow and should remain one of the
healthiest areas of the county.
6177 Report Property Information
Carroll & Carroll 28
PROPERTY INFORMATION
6177 Report Property Information
Carroll & Carroll 29
SITE DESCRIPTION
Legal Description I was provided with a legal description from my client.
That portion of the North 268.54 feet of the Northeast ¼ of
Section 16, Township 48 South, Range 25 East, that lies
easterly of the U.S. Highway 41 right-of-way, Collier
County, Florida.
Property ID# 00154600000
Owner of Record A L Dougherty Co., Inc.
Size I was not provided with a boundary survey or a legal
description of the property. The size of the parcel is based
on information obtained from the Collier County Property
Appraiser.
2.42 acres or 105,415 square feet
Easements Without a boundary survey, I was unable to determine if
there are any easements on the property.
Shape Trapezoid
Frontage The subject fronts for approximately 269 feet along the
easterly right-of-way of Tamiami Trail North.
6177 Report Property Information
Carroll & Carroll 30
Access The property is provided right-in/right-out access from
Tamiami Trail North. South bound traffic is required to
make a U-turn at Old 41 Road. Overall, access is average.
Topography The property is level and at or slightly above the road grade
of Tamiami Trail North.
Ground Cover The property is covered in native and exotic vegetation.
I was not provided any environmental reports or wetland
determinations. Based on my physical inspection and
aerial imagery, there is a mix of native and exotic
vegetation throughout the site. The subject includes slash
pine, cabbage palms, palmettos, Live oaks, Brazilian
pepper, melaleuca, and Earleaf acacia.
Utilities The full range of public utilities including sewer, water,
electricity, telephone and TV cable are available. Adequate
capacity exists to support full utilization of the site.
Concurrency The service levels along the adjacent road system are within
acceptable limits as defined by Collier County. There are no
concurrence issues adversely affecting this property.
Surrounding Land Uses The subject is located approximately 0.22 miles north of the
Tamiami Trail North and Old 41 Road intersection.
Located to the north of the subject is the Mercedes Benz of
Bonita Springs car dealership and to the east is a retention
pond for the Ashley Furniture/City Furniture retail
building to the south. Located to the west across Tamiami
Trail North is vacant land and multi-family residential.
Demographics (2022) 2-mile 5 10
Population 18,157 112,405 277,479
Households 9,108 50,762 123,527
Median HH Income $75,283 $86,906 $88,699
Median Home Value $364,399 $416,457 $414,928
Traffic Counts (AADT) 2022 The average daily traffic counts for Tamiami Trail, south of
the Lee County line was:
35,531 vehicles (2Q 202)
42,709 vehicles (1Q 2022)
Site Improvements None
6177 Report Property Information
Carroll & Carroll 31
SUBJECT PHOTOGRAPHS
View to the north along Tamiami Trail North.
(Photo Taken November 9, 2022)
View to the south along Tamiami Trail North.
(Photo Taken November 9, 2022)
6177 Report Property Information
Carroll & Carroll 32
View to the northeast from the southwest corner.
(Photo Taken November 9, 2022)
View to the northwest from Tamiami Trail North.
(Photo Taken November 9, 2022)
6177 Report Property Information
Carroll & Carroll 33
View to the southeast from the northwest corner.
(Photo Taken November 9, 2022)
View to the east into the subject property.
(Photo Taken November 9, 2022)
6177 Report Property Information
Carroll & Carroll 34
View along the northern boundary.
(Photo Taken November 9, 2022)
View to the northwest from the southeast corner.
(Photo Taken November 9, 2022)
6177 Report Property Information
Carroll & Carroll 35
View to the north across the property.
(Photo Taken November 9, 2022)
View along the eastern boundary.
(Photo Taken November 9, 2022)
6177 Report Property Information
Carroll & Carroll 36
ENVIRONMENTAL CONTAMINATION
Observed Contamination None
Noted Concerns None
Environmental Assessment
Available
Yes. I was provided with a Phase I Environmental
Site Assessment Report conducted by Partner
Engineering and Science, Inc. and dated January 6,
2022. The assessment revealed no evidence of
recognized environmental conditions. Based on the
conclusions, no further investigation is required.
Impact on Value None
Disclaimer Unless otherwise stated in this report, the existence
of hazardous substances or environmental
conditions including but not limited to asbestos,
polychlorinated biphenyls, petroleum leakage,
agricultural chemicals, urea formaldehyde
insulation, lead paint, toxic mold, et cetera, which
might or might not be present in or on the property
were not called to the attention of the appraiser.
Such tests were not in the appraiser's required
scope of work, the appraiser is not qualified to test
for such substances and conditions and the
appraiser is not qualified to render professional
opinions in this specialty area. No responsibility is
assumed for any such conditions that might exist,
or for the knowledge and expertise required to
discover them.
6177 Report Property Information
Carroll & Carroll 37
NATURAL RESOURCE CONCERNS
Condition of subject The property is in its native state and has never
been cleared. I was not provided with any
environmental reports.
All plant and animal communities are of interest
and concern. To a greater or lesser degree
depending on the species and the quality of habitat
they occupy, plants and animals inhabiting the
property will invoke some level of scrutiny and will
result in some cost during the permitting process.
Natural Resource Audits Available No
Impact on Value N/A
Disclaimer
Specialized natural resource audits were not in the
appraiser’s required scope of work, the appraiser is
not qualified to conduct such audits and the
appraiser is not qualified to render professional
opinions in this specialty area. No responsibility is
assumed for any extraordinary natural resource
concerns, or for the knowledge and expertise
required to discover them.
6177 Report Property Information
Carroll & Carroll 38
FUTURE LAND USE
Ordinance or Plan Collier County Growth Management Plan
Future Land Use Designation Urban Residential Subdistrict
Purpose of Designation The purpose of the Urban Residential Subdistrict is
to provide for higher densities in an area with fewer
natural resource constraints and where existing and
planned public facilities are concentrated. This
Subdistrict comprises approximately 80% of the
Urban Mixed-Use District. Maximum eligible
residential density shall be determined through the
Density Rating System but shall not exceed 16
dwelling units per acre except in accordance with
the Transfer of Development Rights Section of the
Land Development Code.
6177 Report Property Information
Carroll & Carroll 39
ZONING
Ordinance or Land Development
Code
Collier County
Zoning “C-4" General Commercial District
Purpose or Intent of Zoning General Commercial District (C-4) provides for
diverse commercial uses, including entertainment
and recreational attractions that attract large
segments of the population. This district allows all
uses permitted in the C-1 through C-3 districts.
Below are the development requirements as set forth
in the C-4 Zoning District:
Minimum Lot Area: 10,000 square feet
Minimum Lot Width: 100 feet
Minimum Front Yard Setback: 50% of building
height, not less than 25 feet
Minimum Side Yard Setback: 25 feet residential
50% of building
height, not less than 15 feet non-
residential
Minimum Rear Yard Setback: 25 feet residential
50% of building
height, not less than 15 feet non-residential
Maximum Building Height: 75 feet
6177 Report Property Information
Carroll & Carroll 40
6177 Report Property Information
Carroll & Carroll 41
ASSESSMENT AND TAXES
By statute, real estate in Florida is assessed at 100% of fair market value as of January 1st
of the tax year. Since annual tax assessments are based on sales from previous years,
depending upon market trends, assessed values can fall on either side of the current
market value estimate. The tax assessment is usually not a reliable indicator of market
value.
Parcel Tax ID 00154600000
Assessment and Tax Year 2022
Land Assessment $2,108,304
Improvement Assessment $0
Total Assessment $2,108,304
10% CAP ($554,781)
AG Exemption $0
Taxable Value $1,553,523
Ad Valorem Taxes $18,728.58
Non- Ad Valorem Taxes $0
Total Taxes $18,728.58
Taxing Authority/Jurisdiction Collier County
The total assessment is $871,200 per gross acre of land area or $20.00 per square foot,
which is within the range of other similar parcels along Tamiami Trail North. The
assessment is considerably less than my estimate of market value.
The 2022 assessment reflects no change from 2021.
The 2022 taxes reflect a decrease of 0.50% from 2021.
As of the appraisal effective date the 2022 taxes have not been paid and the 2021 taxes
have been paid.
6177 Report Property Information
Carroll & Carroll 42
FLOOD ZONE DATA
Flood Zone AH and X
Flood Zone Comments Zone AH – Areas of 1% annual-chance
shallow flooding with a constant water-
surface elevation (usually areas of ponding)
where average depths are between 1 and 3
feet. Base flood elevations determined.
Zone X – Areas subject to inundation by the
0.2% annual chance flood with average
flood depths of less than 1 foot or with
drainage areas less than 1 square mile.
Community Panel Number 12021C0191H
Revised May 16, 2012
Source National Flood Insurance Program
Flood Insurance Rate Maps
6177 Report Property Information
Carroll & Carroll 43
TRANSACTIONAL HISTORY
Sales History There have been no transactions or transfers
of ownership in the previous three years.
CURRENT STATUS
Subject Listed for Sale/Under Contract The subject property is not listed for sale,
however, the property has been under
contract twice in the past year. Due to the
understanding that Collier County intended
to acquire the entire property, both contracts
were terminated by the buyers.
I interviewed the owner, Phyllis Dougherty,
who provided me with copies of both
contracts.
The first contract was from Naple North,
LLC (owners of the adjacent Mercedes Benz
of Bonita Springs). The contract price was
$3,300,000 or $31.30 per square foot of land
area and was dated October 26, 2021. After
substantial due diligence, the contract was
terminated April 11, 2022.
The second contract was from National Auto
Spac, Inc. The contract price was $3,300,000
or $31.30 per square foot of land area and the
effective date was June 8, 2022. The contract
was terminated October 5, 2022 due to Collier
County’s intention to acquire the property
for future road plans.
Based on recent sales and listings of similar
properties, the previous contracts were
consistent with the market at the time of
submission.
6177 Report Highest and Best Use
Carroll & Carroll 44
HIGHEST AND BEST USE
DEFINITION
The Dictionary of Real Estate Appraisal, 7th Edition, published 2022 by the Appraisal
Institute, defines Highest and Best Use as:
The reasonably probable use of property that results in the highest value. The four criteria that the
highest and best use must meet are legal permissibility, physical possibility, financial feasibility,
and maximum productivity.
METHOD
There are four criteria that must be met in order for a use to be the highest and best use for a
given property. The highest and best use must be:
• Legally permissible.
• Physically Possible.
• Financially feasible.
• Maximally productive.
Ordinarily these criteria are considered sequentially, each step narrowing the range of
alternative uses being considered.
ANALYSIS
SITE AS THOUGH VACANT
Legally Permissible: The Growth Management Plan and the zoning ordinance are
consistent in identifying the property for a commercial type use. The site meets the
minimum requirements for development.
Physically Possible: The physical location, shape/size, topography and access
characteristics suggest some type of commercial development for office or retail use. The
size and frontage location suggests a multi-tenant retail use.
Financially Feasible: As of the current time, commercial (retail and office) vacancy rates
remain low with rental rates generally stable and/or increasing. In addition, retail rental
rates are considered to be above a minimum feasibility level while office rental rates are
below a minimum feasibility level. Based on my analysis of the current market,
development of the subject for a commercial use with some sort of retail component is
concluded to be financially feasible.
Maximally Productive: The highest and best use of the site, as though vacant, is to be
developed with a commercial use containing some sort of retail component.
6177 Report Consideration of Approaches
Carroll & Carroll 45
CONSIDERATION OF APPROACHES
Only the sales comparison approach is appropriate for this vacant parcel.
6177 Report Sales Comparison Approach
Carroll & Carroll 46
SALES COMPARISON APPROACH
INTRODUCTION
In the sales comparison approach, the subject property is compared with similar properties
that have sold recently or for which listing prices or offering prices are known. Data from
generally similar properties is used, and comparisons are made to demonstrate a probable
price at which the subject property would sell if offered on the market. This approach is
particularly strong when comparable sales data is plentiful and there is good conformity
among properties in the neighborhood.
Following is the procedure to be followed in developing this approach:
1. Research the market to gather information on sales, listings, and offers to purchase
properties similar to the subject.
2. Verify the information as to factual accuracy and arm's-length market considerations.
3. Identify relevant units of comparison and develop a comparative analysis for each
unit.
4. Compare the subject with comparable sale properties using elements of comparison
and adjust the sale price of each comparable appropriately.
5. Reconcile the various value indicators produced from the analysis of comparables into
a single value indication or a range of values.
The outline above is developed in detail on the following pages.
SALES DATA
A search was made for sales comparable to the subject. The intention was to find
comparable sales in similar locations that offer similar functional utility. Five closed sales
were identified as the best available for analysis.
The sales were analyzed on the basis of dollars per square foot of land area. This unit of
value is commonly employed by the local real estate market and it lends itself well to the
analysis.
Data for the comparable sale properties is presented on the following pages. Each
comparable sale property is identified by number. The location of each comparable can be
determined from the location map immediately following this page.
6177 Report Sales Comparison Approach
Carroll & Carroll 47
COMPARABLE SALES MAP
6177 Report Sales Comparison Approach
Carroll & Carroll 48
VACANT LAND COMPARABLE 1
ADDRESS 28731 S, Tamiami Trail, Bonita Springs, FL 34134
PROPERTY ID NO. 04-48-25-B3-0140J.001A
SALE PRICE $1,575,000
UNIT AREA 55,103 sq. ft.
UNIT PRICE $28.58 per sq. ft.
DATE OF RECORDING March 26, 2022
O.R. BOOK-PAGE 2022000180555
CONTRACT DATE Unknown
GRANTOR Marsal Florida Properties, LLC
GRANTEE 28731 S Tamiami Trail RE, LLC
FINANCING Cash to seller
TOPO-ELEVATION Level and slightly below road grade
GROUND COVER Native Vegetation
LAND USE DESIGNATION General Commercial
ZONING CC - Community Commercial
IMPROVEMENTS None
UTILITIES All available
PRIOR SALES No sales in the previous three years.
LEGAL DESCRIPTION
Lengthy legal description retained in appraiser's file.
VERIFICATION
Verified through Public Records. The sale appears to be an arm's-length transaction. The property was listed for $1,728,500. The parcel
fronts along S. Tamiami Trail and is accessible from a rear access road.
6177 Report Sales Comparison Approach
Carroll & Carroll 49
VACANT LAND COMPARABLE 2
ADDRESS Useppa Way, Naples, FL 34109
PROPERTY ID NO. 34595004040
SALE PRICE $3,800,000
UNIT AREA 77,868 sq. ft.
UNIT PRICE $48.80 per sq. ft.
DATE OF RECORDING December 27, 2021
O.R. BOOK-PAGE 6064/1993
CONTRACT DATE Unknown
GRANTOR A. Grover Matheney, Individually & Trustee
GRANTEE Jaz Automotive Properties, LLC
FINANCING Cash to seller
TOPO-ELEVATION Level
GROUND COVER Cleared
LAND USE DESIGNATION Urban Residential
ZONING CPUD - Commercial Planned Unit Development
IMPROVEMENTS None
UTILITIES All Available
PRIOR SALES No sales in previous three years.
LEGAL DESCRIPTION
Tract FD-5, Gaspar Station, Phase 4
VERIFICATION
Verified through public records, this appears to be an arm’s length transaction. The buyer was the owner of the parcel to the west. This is
likely to become a car dealership.
6177 Report Sales Comparison Approach
Carroll & Carroll 50
VACANT LAND COMPARABLE 3
ADDRESS Pine Ridge Road, Naples, FL 34109
PROPERTY ID NO. 38456200002
SALE PRICE $4,000,000
UNIT AREA 182,154 sq. ft.
UNIT PRICE $25.99 per sq. ft.
DATE OF RECORDING May 19, 2022
O.R. BOOK-PAGE 6134/2488
CONTRACT DATE Unknown
GRANTOR Frank Clesen & Sons, Inc.
GRANTEE Genesis Naples, LLC
FINANCING Cash to seller
TOPO-ELEVATION Mostly Level
GROUND COVER Mostly Wooded
LAND USE DESIGNATION Interchange Activity Center
ZONING CPUD - Commercial Planned Unit Development
IMPROVEMENTS None
UTILITIES All Available
PRIOR SALES No sales in previous three years.
LEGAL DESCRIPTION
Lengthy Legal Description
VERIFICATION
Verified through public records, this appears to be an arm’s length transaction. The buyer also bought the adjacent property for $4,000,000.
This parcel had already been rezoned from Estates to PUD with up to 40,000 square feet of buildable commercial spac e.
6177 Report Sales Comparison Approach
Carroll & Carroll 51
VACANT LAND COMPARABLE 4
ADDRESS Addison Place Drive, Naples, FL 34119
PROPERTY ID NO. 77459000422
SALE PRICE $3,950,000
UNIT AREA 120,226 sq. ft.
UNIT PRICE $32.85 per sq. ft.
DATE OF RECORDING August 02, 2022
O.R. BOOK-PAGE 6161/2498
CONTRACT DATE May 4, 2022
GRANTOR TBC Tree Farm 1, LLC
GRANTEE LNMT Tree Farm II, LLC
FINANCING Conventional Financing
TOPO-ELEVATION Level and below road grade
GROUND COVER Cleared and Native Vegetation
LAND USE DESIGNATION Mixed Use Activity Center
ZONING MPUD - Mixed Use Planned Unit Development
IMPROVEMENTS None
UTILITIES All available
PRIOR SALES No sales in the previous three years.
LEGAL DESCRIPTION
Tract E, Tree Farm, a subdivision according to the map or plat thereof, as recorded in Plat Book 68, Pages 90 through 94, of the Public
Records of Collier County, Florida.
VERIFICATION
Verified with Rob Carroll, selling agent. He verified the sale price and the arm's-length nature. The buyer plans to develop his gym and
associated retail space on the property. It should also be noted that the buyer is the adjacent owner (land to the south). By purchasing the
subject property, he will have the ability to transfer buildable square footage to the parcels to the south. The property was listed for
$4,500,000 and was on the market for over a year.
6177 Report Sales Comparison Approach
Carroll & Carroll 52
VACANT LAND COMPARABLE 5
ADDRESS 6750-6770 Immokalee Road, Naples, FL 34119
PROPERTY ID NO. 41933320007 & 41934920008
SALE PRICE $5,000,000
UNIT AREA 207,276 sq. ft.
UNIT PRICE $24.12 per sq. ft.
DATE OF RECORDING March 15, 2021
O.R. BOOK-PAGE 5918/1480
CONTRACT DATE Unknown
GRANTOR Southbrooke Medical Office, LLC
GRANTEE 6750 Immokalee Medical, LLC
FINANCING Conventional Financing
TOPO-ELEVATION Level and below road grade.
GROUND COVER Covered in native and exotic vegetation
LAND USE DESIGNATION Southbrooke Office Subdistrict
ZONING CPUD - Commercial Planned Unit Development
IMPROVEMENTS None
UTILITIES All available
PRIOR SALES Sold for $800,000 January 28, 2016.
LEGAL DESCRIPTION
Tract 51 and 70, Golden Gate Estates, Unit No. 97, in accordance with and subject to the plat recorded in Plat Book 7, Pages 95 and 96,
Public Records of Collier County, Florida less and except the North 50 feet.
VERIFICATION
Verified with Dave Bartley, listing agent. He verified the sale price and the arm's-length nature. The property was listed for $5,500,000. The
land was fully entitled with approved permits and building plans for 40,000 square feet of medical office space. The buyer plans to start
construction immediately and lease the medical buildings.
6177 Report Sales Comparison Approach
Carroll & Carroll 53
SALES ADJUSTMENT GRID
ITEM SUBJECT COMP #1 COMP #2 COMP #3 COMP #4 COMP #5
PROPERTY IDENTIFICATION
SALE PRICE $1,575,000 $3,800,000 $4,734,000 $3,950,000 $5,000,000
REAL PROPERTY RIGHTS Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple
CONDITIONS OF SALE Market Market Market Market Market
BUILDING IMPROVEMENTS None None None None None
FINANCING Cash to seller Cash to seller Cash to seller Conventional Conventional
ADJUSTED SALE PRICE $1,575,000 $3,800,000 $4,734,000 $3,950,000 $5,000,000
Recording Date 03/26/22 12/27/21 05/19/22 08/02/22 03/15/21
Months Prior To Effective Date 11/09/22 7.50 10.42 5.72 3.25 19.86
MARKET CHANGE ADJUSTMENT 7.50%10.42%5.72%3.25%19.86%
ADJUSTED SALE PRICE N/A $1,693,047 $4,195,989 $5,004,781 $4,078,550 $5,992,768
Parcel Area in Acres 2.42 1.26 1.79 4.18 2.76 4.76
Parcel Area in Square Feet 105,415 55,103 77,868 182,154 120,226 207,276
PRICE PER SQ. FT.$30.73 $53.89 $27.48 $33.92 $28.91
LOCATION
Corner Location No No No No Yes No
Signalized Intersection No No No No No No
OVERALL LOCATION Avg/Good Inferior Superior Inferior Similar Similar
5%-15%15%0%0%
UTILITIES All Available Similar Similar Similar Similar Similar
0%0%0%0%0%
COMP. PLAN Urban Res.Gen. Comm.Urban Res.IAC MUAC Southbrooke Off.
ZONING C-4 CC CPUD CPUD MPUD CPUD
0%0%0%0%0%
SIZE IN SQUARE FEET 105,415 55,103 77,868 182,154 120,226 207,276
SHAPE/CONFIGURATION Trapezoidal Similar Similar Similar Similar Similar
0%0%0%0%0%
PHYSICAL CHARACTERISTICS Native Veg.Native Veg.Cleared & Filled Native Veg.Part. Cleared Native Veg.
Outparcel No No Yes No Yes No
0%-20%0%-10%0%
GROSS ADJUSTMENT 5%35%15%10%0%
INDICATION OF UNIT VALUE (LAND)$32.26 $35.03 $31.60 $30.53 $28.91
Tamiami Trail
N.Pine Ridge Road 6750-6770
Immokalee Rd.
Addison Place
Drive
28731 S.
Tamiami Trail
5302 Useppa
Way
6177 Report Sales Comparison Approach
Carroll & Carroll 54
DISCUSSION OF ADJUSTMENTS
Usually, comparable sale properties are not exactly like the subject property. If a typical
buyer would perceive the difference to be significant, then adjustment(s) must be made to
the comparable sales so that in the end each offers a realistic indication of value for the
subject. Adjusting comparable sales is a two-step process.
First, adjustments are made so that all of the comparable sales meet the standard of a
“market” transaction as outlined in the definition of market value. Customarily, the first
group of adjustments is made before the comparables are reduced to a common unit of
comparison.
The second group of adjustments is made after an appropriate unit of comparison is chosen.
When the adjustment process is complete, the unit value indications are reconciled and
converted into an estimate of value for the subject.
REAL PROPERTY RIGHTS CONVEYED
This adjustment category is intended to account for the interest, benefits, and rights
inherent in the ownership of real estate. This category reflects the impact on value caused
by the fee simple versus the leased fee interest or the contract rent as opposed to market
rent.
• None of the comparable sales required adjustment in this category.
CONDITIONS OF SALE
This adjustment category is intended to account for a variety of factors that might affect
the purchase price.
• None of the comparable sales required adjustment in this category.
BUILDING IMPROVEMENTS
This category of adjustment is intended to account for the positive or negative contribution
to value of building improvements included with the sale of the land. Buildings that made
a positive contribution to the sale price require a negative adjustment. Buildings that were
demolished and removed require a positive adjustment to account for demolition costs
which are treated as part of the purchase price.
• None of the comparable sales required adjustment in this category.
6177 Report Sales Comparison Approach
Carroll & Carroll 55
FINANCING
Adjustments in this category are intended to account for unusual terms of financing that
are not considered equivalent to cash or conventional financing.
• None of the comparable sales required adjustment in this category.
MARKET CHANGE
This adjustment is intended to account for changes in value due to the ebb and flow of
market forces over time.
• The comparables occurred between March 2021 and August 2022, which market
conditions have improved during this period through the effective date of value. An
outparcel at Addison Place Drive (near Comparable 4) originally sold June 30, 2020, for
$3,000,000 and resold September 1, 2021, for $3,800,000 indicting a market change rate
of 1.90% per month. None of the comparables have resold recently to extract a market
change adjustment.
Based on all the information observed throughout the market, I have applied a market
change rate of 1.00% per month or 12.00% annually for current market conditions.
LOCATION/ACCESS/EXPOSURE
This category of adjustment reflects the impact on value caused by the advantages or
disadvantages of a given location. It also accounts for access and exposure of a property.
• Comparable 1 is located north of the subject in Bonita Springs. Given the subject’s
proximity to Old 41 Road, the Naples location, and the direct access, Comparable 5 was
adjusted upward 5% for its slightly inferior location.
• Comparable 2 is located west of I-75 along Immokalee Road and adjacent to a Wal-
Mart. Comparable 2 was adjusted downward 15% for its superior location.
• Comparable 3 is located near the intersection of Pine Ridge Road and I-75. Although
the exposure is good along Pine Ridge Road, it is set back off the road and it does not
have direct access. Comparable 3 was adjusted upward 15%.
UTILITES/INFRASTRUCTURE
This category of adjustment references the availability and adequacy of the road system,
the public was distribution system and the public waste water collection system of each
comparable property as that compares with the same services available to the subject
property.
• None of the comparable sales required adjustment in this category.
6177 Report Sales Comparison Approach
Carroll & Carroll 56
COMPREHENSIVE PLAN/ZONING
This category of adjustment accounts for differences in the potential land uses
(Comprehensive Plan) or in the specific uses (Zoning) to which a property could be
developed. Differences in value between the subject property and comparable sales might
exist because their highest and best uses are different as a result of government regulation
through zoning and land use controls.
• None of the comparable sales required adjustment in this category.
SIZE/SHAPE
This category of adjustment addresses the effect on the marketability of a given property,
because its physical size/shape might limit the physical utility, or because the size and
term of the financial investment required of an investor/speculator is such that the unit
price is reduced.
• None of the comparable sales required adjustment in this category.
PHYSICAL CHARACTERISTICS
This category of adjustment reflects the physical aspects of a property that impact its use
for development. Physical characteristics included land elevation, soil conditions,
drainage characteristics, threatened or endangered plant and animal species on the
property and the extent and density of covering vegetation.
• Comparable 2 has been cleared and filled. The physical characteristics are superior to
the subject and was adjusted downward 10%.
• Comparables 2 and 4 are true outparcels and therefore benefit from off-site drainage,
water retention, and open space effectively increasing their developable area.
Comparables 2 and 4 were adjusted downward 10% each for their superior
characteristics.
6177 Report Sales Comparison Approach
Carroll & Carroll 57
RECONCILIATION OF DATA
After making the adjustments discussed above, the comparable sales indicated the
following unit values:
Comparables Price Per Sq. Ft.
(Indicated for Subject)
1 $32.26
2 $35.03
3 $31.60
4 $30.53
5 $28.91
INDICATION OF VALUE
To arrive at a conclusion regarding the value of the subject, the comparable sales and their
indications of value should be weighted according to the quality of each as a value
indicator.
Comparables 1, 2, and 3 are all the strongest indicators of value. They all required minimal
adjustments and all three are the most recent sales which increases their strength as
indicators of value. Comparables 1, 2, and 3 were weighted 25% each.
Comparable 2 is a good indicator of value and was weighted 15%.
Comparable 5 is clearly a low indicator of value and it is the oldest sale. Comparable 5
received a minimal weighting of 10%.
The sales indicate a range from $28.91 to $35.03 per square foot. The arithmetic mean of the
five sales is $31.67 per square foot and the median is $31.60 per square foot. The weighting
process discussed above indicates a unit value of $31.74 per square foot. Based on the range
of unit values and the upward trend, I concluded to a unit value of $32.00 per square foot.
ESTIMATE OF VALUE
$32.00 per square foot results in an indication of value for the subject as of November 9,
2022 of $3,373,280 (105,415 square feet x $32.00 per sq. ft.) which rounds to $3,370,000.
6177 Report Sales Comparison Approach
Carroll & Carroll 58
CARROLL & CARROLL
Timothy W. Sunyog, MAI
Cert Gen RZ3288
6177 Report Addenda
Carroll & Carroll
ADDENDA
(In Order of Appearance)
Page Topic Count Page(s) Page(s)
Assumptions and Limiting Conditions............................................................................ 2
Zoning.................................................................................................................................... 6
Future Land Use................................................................................................................... 1
Qualifications of Appraiser................................................................................................. 2
6177 Report Addenda
Carroll & Carroll
ASSUMPTIONS AND LIMITING CONDITIONS
The certification of the appraiser appearing in this report is subject to the following
assumptions and limiting conditions.
ACCEPTANCE OF AND/OR USE OF THIS APPRAISAL REPORT CONSTITUTES
ACCEPTANCE OF ALL GENERAL AND EXTRAORDINARY ASSUMPTIONS AND
LIMITING CONDITIONS.
EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS
I was not provided with a boundary survey of the property and therefore relied on the site
area determined by the Collier County Property Appraiser. I reserve the right to
reconsider the site area and value conclusion contained herein should a boundary survey
be provided.
HYPOTHETICAL CONDITIONS
None
GENERAL ASSUMPTIONS AND LIMITING CONDITIONS
1. No responsibility is assumed for the legal description or for matters including legal or title
considerations. Title to the property is assumed to be good and marketable.
2. The property is appraised free and clear of liens and encumbrances.
3. Responsible ownership and competent property management are assumed.
4. The information furnished by others is assumed to be true, correct and reliable. A
reasonable effort was made to verify such information, but the appraiser bears no
responsibility for its accuracy.
5. All engineering is assumed to be correct. The plot plans and illustrative material is
included only to assist the reader in visualizing the property.
6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or
structures that render it more or less valuable. No responsibility is assumed for such
conditions or for arranging for engineering studies that might be required to discover
them.
6177 Report Addenda
Carroll & Carroll
7. It is assumed that there is full compliance with all applicable federal, state, and local
environmental regulations and laws.
8. It is assumed that the property is either in compliance with, or is "grandfathered" or
"vested" under, all applicable zoning, use regulations and restrictions.
9. It is assumed that all required licenses, certificates of occupancy, consents, or other
legislative or administrative authority from any local, state, or national government or
private entity or organization have been, or can be, obtained or renewed for any use on
which the value estimate is based.
10. It is assumed that the utilization of the land and improvements is within the boundaries or
property lines of the property described, and that there is no encroachment or trespass.
11. It is assumed that the subject site and improvements are not contaminated by any
hazardous material or toxic substance. During the property inspection we were sensitive
to obvious signs of contamination and we reported anything unusual. However, we are
not qualified to render professional opinions regarding the existence or the nature of
hazardous materials in or on the subject property. If a definitive opinion is desired, then
the client is urged to retain an expert in the field.
12. The distribution of the total value in this report, between land and improvements, applies
only under the stated program of utilization. The separate allocations for land and
buildings must not be used in conjunction with any other appraisal and are invalid if so
used.
13. Possession of this report, or a copy thereof, does not carry with it the right of publication.
14. Unless previous arrangements were made, the appraisers, by reason of this appraisal, are
not required to give further consultation, testimony, or to be in attendance in court.
6177 Report Addenda
Carroll & Carroll
D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those
types of land uses that attract large segments of the population at the same time by virtue of scale, coupled
with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most
diverse types of commercial activities delivering goods and services, including entertainment and
recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted
in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and
equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on -
site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment.
Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers
are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained
by the transportation network of major roads. The C-4 district is permitted in accordance with the locational
criteria for uses and the goals, objectives, and policies as identified in the future land use element of the
Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the
density permissible under the density rating system.
1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987),
or as otherwise provided for within this section are permissible by right, or as accessory or conditional
uses within the general commercial district (C-4).
a. Permitted uses.
1. Accounting (8721).
2. Adjustment and collection services (7322).
3. Advertising agencies (7311).
4. Advertising — miscellaneous (7319).
5. Agricultural services (0783).
6. Amusement and recreation services, indoor.
7. Amusement and recreation services, outdoor (7999 - fishing piers and lakes operation,
houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental only).
8. Ancillary plants.
9. Animal specialty services, except veterinary (0752, excluding outside kenneling).
10. Apparel and accessory stores (5611—5699).
11. Architectural services (8712).
12. Auditing (8721).
13. Auto and home supply stores (5531).
14. Automobile Parking, automobile parking garages and parking structures (7521 - shall not be
construed to permit the activity of "tow-in parking lots").
15. Automotive services (7549) except that this shall not be construed to permit the activity of
"wrecker service (towing) automobiles, road and towing service."
16. Automotive vehicle and equipment dealers (5511 and 5599, new vehicles only).
17. Banks, credit Unions and trusts (6011—6099).
18. Barber shops (7241, except for barber schools).
19. Beauty shops (7231, except for beauty schools).
20. Bookkeeping services (8721).
21. Bowling centers, indoor (7933).
22. Building cleaning and maintenance services (7349).
23. Business associations (8611).
24. Business consulting services (8748).
6177 Report Addenda
Carroll & Carroll
25. Business credit institutions (6153—6159).
26. Business services - miscellaneous (7381, 7389 - except auctioneering service, automobile
recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting,
contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories-
telephone, drive-away automobile, exhibits-building, filling pressure containers, field
warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle
labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of
electric transmission or gas lines, pipeline or powerline inspection, press clipping service,
recording studios, repossession service, rug binding, salvaging of damaged merchandise,
scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles,
swimming pool cleaning, tape slitting, textile designers, textile folding, tobacco sheeting, and
window trimming service).
27. Cable and other pay television services (4841) including communications towers up to
specified height, subject to section 5.05.09.
28. Carpet and upholstery cleaning (7217).
29. Carwashes (7542) provided that carwashes abutting residential zoning districts shall be
subject to section 5.05.11 of this Code.
30. Child day care services (8351).
31. Churches.
32. Civic, social and fraternal associations (8641).
33. Coin-operated laundries and dry cleaning (7215).
34. Coin operated amusement devices, indoor (7993).
35. Commercial art and graphic design (7336).
36. Commercial photography (7335).
37. Commercial printing (2752, excluding newspapers).
38. Computer programming, data processing and other services (7371—7379).
39. Computer and computer software stores (5734).
40. Credit reporting services (7323).
41. Dance studios, schools and halls, indoor (7911).
42. Detective, guard and armored car service (7381, except armored car and dog rental).
43. Department stores (5311).
44. Direct mail advertising services (7331).
45. Disinfecting and pest control services (7342).
46. Drycleaning plants (7216, nonindustrial drycleaning only).
47. Drug stores (5912).
48. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments
engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to
the locational requirements of section 5.05.01
49. Educational plants.
50. Educational services (8221 and 8222).
51. Electrical and electronic repair shops (7622—7629).
52. Engineering services (8711).
53. Equipment rental and leasing (7359 - except airplane, industrial truck, portable toilet and oil
field equipment renting and leasing).
6177 Report Addenda
Carroll & Carroll
54. Essential services, subject to section 2.01.03
55. Facilities support management services (8744).
56. Federal and federally-sponsored credit agencies (6111).
57. Food stores (groups 5411—5499).
58. Funeral services (7261, except crematories).
59. Garment pressing, and agents for laundries and drycleaners (7212).
60. Gasoline service stations (5541), with services and repairs as described in section 5.05.05
61. General merchandise stores (5331—5399).
62. Glass stores (5231).
63. Golf courses, public (7992).
64. Group care facilities (category I and II, except for homeless shelters); care units, except for
homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 429.02 and
ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 and ch.
690-193 F.A.C.; all subject to LDC section 5.05.04
65. Hardware stores (5251).
66. Health services, miscellaneous (8092—8099).
67. Health services, offices and clinics (8011—8049).
68. Home furniture and furnishings stores (5712—5719).
69. Home health care services (8082).
70. Hospitals (8062—8069).
71. Hotels and motels (7011, 7021 and 7041) when located within an activity center.
72. Household appliance stores (5722).
73. Insurance carriers, agents and brokers (6311—6399, 6411).
74. Labor unions (8631).
75. Landscape architects, consulting and planning (0781).
76. Laundries and drycleaning, coin operated — self service (7215).
77. Laundries, family and commercial (7211).
78. Laundry and garment services, miscellaneous (7219).
79. Legal services (8111).
80. Libraries (8231).
81. Loan brokers (6163).
82. Management services (8741, 8742).
83. Marinas (4493 & 4499 - except canal operation, cargo salvaging, ship dismantling, lighterage,
marine salvaging, marine wrecking, and steamship leasing), subject to secti on 5.05.02
84. Medical and dental laboratories (8071 and 8072).
85. Medical equipment rental and leasing (7352).
86. Membership organizations, miscellaneous (8699).
87. Membership sports and recreation clubs, indoor (7997).
88. Mortgage bankers and loan correspondents (6162).
89. Motion picture theaters (7832).
6177 Report Addenda
Carroll & Carroll
90. Motorcycle dealers (5571).
91. Museums and art galleries (8412).
92. Musical instrument stores (5736).
93. News syndicates (7383).
94. Nursing and professional care facilities (8051—8059).
95. Outdoor advertising services (7312).
96. Paint stores (5231).
97. Passenger car leasing (7515).
98. Passenger car rental (7514).
99. Personal credit institutions (6141).
100. Personal services, miscellaneous (7299).
101. Personnel supply services (7361 & 7363).
102. Photocopying and duplicating services (7334).
103. Photofinishing laboratories (7384).
104. Photographic studios, portrait (7221).
105. Physical fitness facilities (7991).
106. Political organizations (8651).
107. Professional membership organizations (8621).
108. Professional sports clubs and promoters, indoor (7941).
109. Public administration (groups 9111—9199, 9229, 9311, 9411—9451, 9511—9532, 9611—
9661).
110. Public or private parks and playgrounds.
111. Public relations services (8743).
112. Radio, television and consumer electronics stores (5731).
113. Radio, television and publishers advertising representatives (7313).
114. Radio and television broadcasting stations (4832 & 4833).
115. Real Estate (6512, 6531—6552).
116. Record and prerecorded tape stores (5735).
117. Religious organizations (8661).
118. Repair services - miscellaneous (7699 - except agricultural equipment repair, awning repair,
beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool
cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler
cleaning, tinsmithing, tractor repair).
119. Research, development and testing services (8731—8734).
120. Retail - miscellaneous (5921—5963, 5992—5999).
121. Retail nurseries, lawn and garden supply stores (5261).
122. Reupholstery and furniture repair (7641).
123. Secretarial and court reporting services (7338).
124. Security and commodity brokers, dealer, exchanges and services (6211—6289).
125. Security systems services (7382).
6177 Report Addenda
Carroll & Carroll
126. Shoe repair shops and shoeshine parlors (7251).
127. Social services, individual and family (8322—8399, except for homeless shelters and soup
kitchens).
128. Surveying services (8713).
129. Tax return preparation services (7291).
130. Telegraph and other message communications (4822) including communications towers up to
specified height, subject to section 5.05.09
131. Telephone communications (4812 and 4813) including communications towers up to spe cified
height, subject to section 5.05.09
132. Theatrical producers and miscellaneous theatrical services, indoor (7922 -7929, including
bands, orchestras and entertainers; except motion picture).
133. Travel agencies (4724, no other transportation servic es).
134. United State Postal Service (4311, except major distribution center).
135. Veterinary services (0741 & 0742, excluding outside kenneling).
136. Videotape rental (7841).
137. Vocational schools (8243—8299).
138. Wallpaper stores (5231).
139. Watch, clock and jewelry repair (7631).
140. Any use which was permissible under the prior General Retail Commercial (GRC) zoning
district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully
existing prior to the adoption of this Code.
141. Any other commercial use or professional services which is comparable in nature with the
foregoing uses including those that exclusively serve the administrative as opposed to the
operational functions of a business and are purely associated w ith activities conducted in an
office.
142. Any other general commercial use which is comparable in nature with the list of permitted
uses and consistent with the purpose and intent statement of the district, as determined by the
Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K.
b. Accessory Uses.
1. Uses and structures that are accessory and incidental to the uses permitted as of right in the
C-4 district.
2. Caretaker's residence, subject to section 5.03.05
3. Outside storage or display of merchandise when specifically permitted for a use, otherwise
prohibited, subject to section 4.02.12
c. Conditional uses. The following uses are permitted as conditional uses in the general
commercial district (C-4), subject to the standards and procedures established in section 10.08.00
1. Animal specialty services, except veterinary (0752, with outside kenneling).
2. Amusement and recreation services, outdoor (7948, 7992, 7996, 7999).
3. Auctioneering services, auction rooms (7389, 5999).
4. Automotive dealers and gasoline service stations (5511, 5521).
5. Automotive rental and leasing, outdoor display permitted (7513, 7519).
6. Boat dealers (5551).
7. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for on -
premise consumption are subject to the locational requirements of section 5.05.01.).
6177 Report Addenda
Carroll & Carroll
8. Communication towers above specified height, subject to section 5.05.09
9. Dealers not elsewhere classified (5599 outdoor display permitted, excluding Aircraft dealers -
retail).
10. Fire protection (9224).
11. Fishing, hunting and trapping (0912—0919).
12. Fuel dealers (5983—5989).
13. Homeless shelters.
14. Hotels and motels (7011, 7021, 7041 when located outside an activity center).
15. Kiosks.
16. Legal counsel and prosecution (9222).
17. Local and suburban transit (groups 4111—4121, bus stop and van pool stop only).
18. Motion picture theaters, drive-in (7833).
19. Permitted use with less than 700 square feet of gross floor area in the principal structure.
20. Police Protection (9221).
21. Public order and safety (9229).
22. Recreational vehicle dealers (5561).
23. Soup kitchens.
24. Motor freight transportation and warehousing (4225, air conditi oned and mini-and self storage
warehousing only).
25. Veterinary services (0741 & 0742, with outside kenneling).
6177 Report Addenda
Carroll & Carroll
6177 Report Addenda
Carroll & Carroll
6177 Report Addenda
Carroll & Carroll
4500 Executive Drive, Suite 230
Naples, FL 34119-8908
Phone: 239-596-0800
www.rklac.com
REAL ESTATE APPRAISAL REPORT
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE
Commercial Land
Between 14250 and 14610 Tamiami Trail North
Naples, Collier County, Florida, 34110
PREPARED FOR:
Ms. Lisa Barfield
Review Appraiser
Collier County Transportation Right-Of-Way Group
2885 South Horseshoe Drive
Naples, Florida 34104
Client File: Project 60198, Parcel 101FEE - P.O. Number 4500221870
EFFECTIVE DATE OF THE APPRAISAL:
November 19, 2022
DATE OF THE REPORT:
November 21, 2022
REPORT FORMAT:
Appraisal Report
PREPARED BY:
RKL Appraisal and Consulting, PLC
RKL File Number: 2022-247
Veterans Memorial Blvd Ext - Parcel 101 FEE
Between 14250 and 14610 Tamiami Trail North
Naples, Florida
4500 Executive Drive, Suite 230
Naples, FL 34119-8908
Phone: 239-596-0800
www.rklac.com
November 21, 2022
Ms. Lisa Barfield
Collier County Transportation Right-Of-Way Group
2885 South Horseshoe Drive
Naples, Florida 34104
Re: Real Estate Appraisal
Veterans Memorial Blvd Ext - Parcel 101 FEE
Between 14250 and 14610 Tamiami Trail North, Naples,
Collier County, Florida, 34110
Client File: Project 60198, Parcel 101FEE - P.O. Number 4500221870
RKL File Number: 2022-247
Dear Ms. Barfield:
At your request, RKL Appraisal and Consulting, PLC has prepared the accompanying
appraisal for the above referenced property. The purpose of the appraisal is to estimate
the market value of the fee simple interest in the subject property. The intended users for
the assignment are Collier County Transportation Right-Of-Way Group, and the intended
use of the appraisal is to assist with the acquisition decisions by Collier County
Transportation Right-Of-Way Group for the Veterans Memorial Blvd Extension Project
#60198. We use the appraisal report option of Standards Rule 2-2 of USPAP to report the
assignment results.
Please reference the appraisal scope section of this report for important information
regarding the scope of research and analysis for this appraisal, including property
identification, inspection, highest and best use analysis, and valuation methodology.
The accompanying appraisal conforms with the Uniform Standards of Professional
Appraisal Practice (USPAP), the Code of Professional Ethics and Standards of
Professional Appraisal Practice of the Appraisal Institute, and the appraisal guidelines of
Collier County Transportation Right-Of-Way Group. The appraisal also conforms with
the appraisal regulations issued in connection with the Financial Institutions Reform,
Recovery and Enforcement Act (FIRREA).
The subject is a vacant commercial parcel of land containing an area of 2.42 acres, or
105,415 square feet. All uses in C-1, C-2, and C-3 as well as large scale activity centers
uses are permitted under the present General Commercial District (C-4) zoning
designation.
Ms. Lisa Barfield
Collier County Transportation Right-Of-Way Group
November 21, 2022
Page 2
4500 Executive Drive, Suite 230
Naples, FL 34119-8908
Phone: 239-596-0800
www.rklac.com
Based on the appraisal described in the accompanying report, subject to the Limiting
Conditions and Assumptions, Extraordinary Assumptions and Hypothetical Conditions
(if any), I have made the following value conclusion(s):
VALUE CONCLUSIONS
Appraisal Premise Interest Appraised Date of Value Value Conclusion
Market Value, As Is Fee Simple November 19, 2022 $3,430,000
The value conclusion(s) are subject to the following hypothetical conditions and extraordinary
conditions. These conditions may affect the assignment results.
Hypothetical Conditions: None.
Extraordinary Assumptions: None.
Respectfully submitted,
RKL APPRAISAL AND CONSULTING, PLC
Rachel M. Zucchi, MAI, CCIM
Florida State-Certified General Real Estate Appraiser RZ2984
rzucchi@rklac.com; Phone 239-596-0801
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE TABLE OF CONTENTS
TABLE OF CONTENTS
Summary of Important Facts and Conclusions ................................................................... 1
Introduction Information ..................................................................................................... 2
Subject Identification ...................................................................................................... 2
Current Ownership and Property History ....................................................................... 2
Appraisal Scope .............................................................................................................. 4
Client, Intended User, and Intended Use ........................................................................ 4
Definition of Market Value ............................................................................................. 4
Definition of Property Rights Appraised ........................................................................ 5
Purpose of Appraisal, Property Rights Appraised, and Dates ........................................ 5
Scope of Work ................................................................................................................ 5
Economic Analysis ............................................................................................................. 7
National Economic Analysis........................................................................................... 7
Florida Economic Analysis ........................................................................................... 10
Collier County Area Analysis ....................................................................................... 11
Market Area Analysis ................................................................................................... 28
Retail Market Analysis ................................................................................................. 34
Property Description and Analysis ................................................................................... 38
Site Analysis ................................................................................................................. 38
Real Estate Taxes and Assessments .............................................................................. 48
Highest and Best Use .................................................................................................... 49
Valuation Methodology .................................................................................................... 51
Analyses Applied .......................................................................................................... 52
Sales Comparison Approach ......................................................................................... 53
Reconciliation ............................................................................................................... 63
Final Value Conclusion................................................................................................. 63
Certification ...................................................................................................................... 64
Assumptions and Limiting Conditions ............................................................................. 66
Addenda
Appraiser Qualifications ....................................................................................... Addendum A
Property Information ............................................................................................ Addendum B
Comparable Data .................................................................................................. Addendum C
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS
Page 1
SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS
GENERAL
Subject:
Veterans Memorial Blvd Ext - Parcel 101 FEE
Between 14250 and 14610 Tamiami Trail North, Naples,
Collier County, Florida, 34110
Owner: A L Dougherty Co Inc.
Legal Description: That portion of the North 268.54 feet of the Northeast 1/4 of
Section 16, Township 48 South, Range 25 East, that lies easterly
of the US Highway 41 Right-of-Way, Collier County, Florida
Tax Identification: 00154600000
Intended Use: The intended use is to assist with the acquisition decisions by
Collier County Transportation Right-Of-Way Group for the
Veterans Memorial Blvd Extension Project #60198.
Intended User(s): Collier County Transportation Right-Of-Way Group
PROPERTY
Land Area: Total: 2.42 acres; 105,415 square feet
Flood Zone: Zone AE with a portion in Zone X
Zoning: C-4 - General Commercial District
Highest and Best Use
As Vacant
Commercial development
Exposure Time 12 months
Marketing Period 12 months
VALUE INDICATIONS
Value Range of Comparables: $28.59 to $33.84 per square foot
Reconciled Value(s): As Is
Value Conclusion(s) $3,430,000
Effective Date(s) November 19, 2022
Property Rights Fee Simple
The value conclusion(s) are subject to the following hypothetical conditions and extraordinary
conditions. These conditions may affect the assignment results.
Hypothetical Conditions: None.
Extraordinary Assumptions: None.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE INTRODUCTION INFORMATION
Page 2
INTRODUCTION INFORMATION
SUBJECT IDENTIFICATION
Subject:
Veterans Memorial Blvd Ext - Parcel 101 FEE
Between 14250 and 14610 Tamiami Trail North, Naples,
Collier County, Florida, 34110
Legal Description: That portion of the North 268.54 feet of the Northeast
1/4 of Section 16, Township 48 South, Range 25 East,
that lies easterly of the US Highway 41 Right-of-Way,
Collier County, Florida
Tax Identification: 00154600000
The subject is a vacant commercial parcel of land containing an area of 2.42 acres, or
105,415 square feet. All uses in C-1, C-2, and C-3 as well as large scale activity centers
uses are permitted under the present General Commercial District (C-4) zoning
designation.
CURRENT OWNERSHIP AND PROPERTY HISTORY
Owner
The owner of the property is A L Dougherty Co Inc..
Sale History
According to public records, the subject has not sold in the last three years.
Current Listing/Contract(s):
The subject is not currently listed for sale, or under contract. Two recent contracts were
provided for the purpose of this appraisal. According to Phyllis Dougherty of A L
Dougherty Co Inc., the property was not listed for sale and both contracts were
unsolicited. Further, Ms. Dougherty noted that both contracts were terminated due to the
proposed Collier County acquisition for the extension of Veterans Memorial Boulevard.
The first contract dated October 26, 2021, was between A.L. Dougherty Co. Inc and
Naples North, LLC (owner of adjacent Mercedes-Benz of Bonita Springs dealership).
The contract purchase price was $3,300,000. The contract was contingent on the
following:
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE INTRODUCTION INFORMATION
Page 3
The contract was terminated on April 11, 2022. The reason for the termination was not
indicated in the termination letter.
The second contract, dated June 7, 2022, was between A.L. Dougherty Co. Inc and
National Auto Spa, Inc. The contract purchase price was $3,300,000. Section 23 of the
Contract Additional Terms: stated the Seller disclosed to the buyer that Collier County
may eventually take some or all of the property through eminent domain proceedings.
According to Ms. Dougherty, the eminent domain proceedings were unknown to the
sellers until they were discovered by Naples North, LLC during the due diligence period
of the first contract.
Felipe Arcila of Kova Commercial Group of Naples represented National Auto Spa, Inc.
According to Mr. Arcila, the buyer’s proceeded with the contract based on the
assumption Collier County would take approximately one (1) acre of the site through
eminent domain proceedings. The National Auto Spa, Inc. contract was terminated on
October 5, 2022 after discovering the county intended to take the whole parcel. The
following email was attached to the termination letter.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE INTRODUCTION INFORMATION
Page 4
To the best of our knowledge, no other sale or transfer of ownership has occurred within
the past three years, and as of the effective date of this appraisal, the property is not
subject to an agreement of sale or option to buy, nor is it listed for sale.
APPRAISAL SCOPE
According to the Uniform Standards of Professional Appraisal Practice, it is the
appraiser’s responsibility to develop and report a scope of work that results in credible
results that are appropriate for the appraisal problem and intended user(s). Therefore, the
appraiser must identify and consider:
● the client and any other intended users;
● the intended use of the appraiser’s opinions and conclusions;
● the type and definition of value;
● the effective date of the appraiser’s opinions and conclusions;
● subject of the assignment and its relevant characteristics
● assignment conditions
● the expectations of parties who are regularly intended users for similar
assignments; and
● what an appraiser’s peer’s actions would be in performing the same or a similar
assignment.
CLIENT, INTENDED USER, AND INTENDED USE
The client and the intended user of the appraisal are Collier County Transportation Right-
Of-Way Group. The intended use is to assist with the acquisition decisions by Collier
County Transportation Right-Of-Way Group for the Veterans Memorial Blvd Extension
Project #60198. The appraisal is not intended for any other use or user.
DEFINITION OF MARKET VALUE
Market value definition used by agencies that regulate federally insured financial
institutions in the United States is defined by The Dictionary of Real Estate Appraisal,
7th ed. (Chicago: Appraisal Institute, 2022) as:
The most probable price that a property should bring in a competitive and open market
under all conditions requisite to a fair sale, the buyer and seller each acting prudently
and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit
in this definition is the consummation of a sale as of a specified date and the passing
of title from seller to buyer under conditions whereby:
▪ Buyer and seller are typically motivated;
▪ Both parties are well informed or well advised, and acting in what they consider
their best interests;
▪ A reasonable time is allowed for exposure in the open market;
▪ Payment is made in terms of cash in United States dollars or in terms of
financial arrangements comparable thereto; and
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE INTRODUCTION INFORMATION
Page 5
▪ The price represents the normal consideration for the property sold unaffected
by special or creative financing or sales concessions granted by anyone
associated with the sale.” (Source: 12 C.F.R. Part 34.42(g); 55 Federal Register
34696, August 24, 1990, as amended at 57 Federal Register 12202, April 9,
1992; 59 Federal Register 29499, June 7, 1994)
DEFINITION OF PROPERTY RIGHTS APPRAISED
Fee simple estate is defined as an: “Absolute ownership unencumbered by any other
interest or estate, subject only to the limitations imposed by the governmental powers of
taxation, eminent domain, police power, and escheat.” (Source: The Dictionary of Real
Estate Appraisal, 7th ed. (Chicago: Appraisal Institute, 2022)
PURPOSE OF APPRAISAL, PROPERTY RIGHTS APPRAISED, AND DATES
The purpose of the appraisal is to estimate the market value of the fee simple interest in
the subject property. The effective date of the subject appraisal is November 19, 2022.
The date of inspection was November 19, 2022. The date of the report is November 21,
2022.
SCOPE OF WORK
The problem to be solved is to estimate the market value of the fee simple interest in the
subject property.
SCOPE OF WORK
Report Type: This is an Appraisal Report as defined by Uniform
Standards of Professional Appraisal Practice under
Standards Rule 2-2(a). This format provides a summary or
description of the appraisal process, subject and market
data and valuation analyses.
Property Identification: The subject has been identified by the legal description and
the assessors' parcel number.
Inspection: A complete on site inspection was made and photographs
were taken.
Market Area and Analysis of
Market Conditions:
A complete analysis of market conditions has been made.
The appraiser maintains and has access to comprehensive
databases for this market area and has reviewed the market
for sales and listings relevant to this analysis.
Highest and Best Use Analysis:
A complete as vacant highest and best use analysis for the
subject has been made. Physically possible, legally
permissible, and financially feasible uses were considered,
and the maximally productive use was concluded.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE INTRODUCTION INFORMATION
Page 6
Valuation Analyses
Cost Approach:
A cost approach was not applied as there are no
improvements that contribute value to the property.
Sales Comparison Approach:
A sales approach was applied as typically this is the most
appropriate approach for the valuation of vacant land. This
approach is applicable to the subject because there is an
active market for similar properties and sufficient sales data
is available for analysis.
Income Approach:
An income approach was not applied as the subject is not
likely to generate rental income as vacant land.
Hypothetical Conditions:
None.
Extraordinary Assumptions: None.
Comments
The individual sections of the report detail the additional research, confirmation, and
analysis of relevant data.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE NATIONAL ECONOMIC ANALYSIS
Page 7
ECONOMIC ANALYSIS
NATIONAL ECONOMIC ANALYSIS
The Federal Reserve Open Market Committee (FOMC) released the following statement
on November 2, 2022. Recent indicators point to modest growth in spending and
production. Job gains have been robust in recent months, and the unemployment rate has
remained low. Inflation remains elevated, reflecting supply and demand imbalances
related to the pandemic, higher food and energy prices, and broader price pressures.
Russia's war against Ukraine is causing tremendous human and economic hardship. The
war and related events are creating additional upward pressure on inflation and are
weighing on global economic activity. The Committee is highly attentive to inflation
risks.
The Committee seeks to achieve maximum employment and inflation at the rate of 2
percent over the longer run. In support of these goals, the Committee decided to raise the
target range for the federal funds rate to 3-3/4 to 4 percent. The Committee anticipates
that ongoing increases in the target range will be appropriate in order to attain a stance of
monetary policy that is sufficiently restrictive to return inflation to 2 percent over time. In
determining the pace of future increases in the target range, the Committee will take into
account the cumulative tightening of monetary policy, the lags with which monetary
policy affects economic activity and inflation, and economic and financial developments.
In addition, the Committee will continue reducing its holdings of Treasury securities and
agency debt and agency mortgage-backed securities, as described in the Plans for
Reducing the Size of the Federal Reserve's Balance Sheet that were issued in May. The
Committee is strongly committed to returning inflation to its 2 percent objective.
In assessing the appropriate stance of monetary policy, the Committee will continue to
monitor the implications of incoming information for the economic outlook. The
Committee would be prepared to adjust the stance of monetary policy as appropriate if
risks emerge that could impede the attainment of the Committee's goals. The Committee's
assessments will take into account a wide range of information, including readings on
public health, labor market conditions, inflation pressures and inflation expectations, and
financial and international developments.
The following table details the economic forecasts of Federal Reserve Board members
and Federal Reserve Bank presidents as of September 2022. Real GDP is projected to
grow at a rate of 0.2% in 2022, a decline from the previous June projection of 1.7%. The
unemployment projection for 2022 increased from 3.7% to 3.8%. The Core PCE inflation
projection was increased to 4.5% in 2022.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE NATIONAL ECONOMIC ANALYSIS
Page 8
According to Freddie Mac Chief Economist Sam Khater, despite some obvious
headwinds, the housing market remains strong as the economy grows. “Even as mortgage
rates are expected to increase and home prices continue to rise, homebuyer demand
remains steady as inventory issues have slightly improved.
According to an October 2022 report by Lawrence Yun, chief economist at the National
Association of Realtors, “Inflation refuses to budge. In September, consumer prices rose
by 8.2%. Rents rose by 7.2%, the highest pace in 40 years. Furthermore, rents are
accelerating to higher figures with each passing month. In January, rents rose by 3.6%,
and now the annualized rate is 10.6%. The housing shortage was present years ago, yet
America underbuilt homes in relation to population growth. The consequences are
evident in rent growth and high home prices.
Even with an anticipated fall in home prices in some market, principally in California,
homes will continue to be unaffordable while rents are squeezing non-owners. Energy
prices are moderating but are still up 45% above pre-pandemic conditions. Even with an
economic recession looming, the Federal Reserve is unlikely to let up in its aggressive
monetary policy of raising interest rates. The 10-year Treasury broke past 4% in mid
October 2022, and mortgage rates will be fighting to hold at a 7% average rate in the
upcoming weeks. People’s IRA and 401K retirement accounts are quickly vanishing.
The Federal Reserve is trying to cut demand to reduce inflationary pressure, but inflation
can also come down by increasing supply. America has to produce more of everything,
from building more homes and industrial spaces to drilling for more energy and
manufacturing more cars. The 3 million Americans who left the workforce since the
pandemic need to be incentivized to get back to work.”
According to the National Association of Real Estate Investment Trusts’ (NAREIT) 2022
Outlook, 2022 is likely to see significant further improvement in overall economic
conditions, with rising GDP, job growth, and higher incomes, in a supportive financial
market environment where inflation pressures gradually subside and long-term interest
rates remain well below their historical norms. The emergence of the new Omicron
variant of COVID-19 in late November 2021 serves as a reminder that the threat of new
waves of infection looms over all aspects of the global economy. Increasing vaccination
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE NATIONAL ECONOMIC ANALYSIS
Page 9
rates and natural immunity due to prior infection may help contain these risks. Some
sectors remain below pre-pandemic levels, including lodging/resorts, office, diversified,
and health care REITs. Other sectors, however, have had double-digit returns. Some
sectors have delivered exceptional returns, including industrial REITs, with total returns
of 57% through November 2021, and self-storage REITs—which have had a surge of
demand due to strong housing markets and home sales, plus additional need for space
during the pandemic—with investment returns exceeding 70%. Macroeconomic
fundamentals are sound, and except for a few significant obstacles in the near term,
growth is likely to continue at above-trend pace in 2022. Job growth has been impressive,
averaging 555,000 per month in 2021 through November, reducing the unemployment
rate to 4.2%. With total payroll employment still 7 million below the pre-pandemic trend,
the job market and the overall economy have considerable running room ahead.
The 2022 CBRE U.S. Real Estate Market Outlook projects a positive outlook for the
economy and commercial real estate in 2022, despite uncertainty over potential impacts
of the COVID omicron variant and other risks. There may be other bumps along the way,
notably from the ripple effects of an economic slowdown in China and rising oil prices,
but the factors that held back growth in 2021—labor shortages, supply disruptions,
inflation and other COVID variants—will ease. Monetary policy will tighten to keep
longer-term inflation pressures in check, which may trigger some short-run volatility in
the stock market, but it will not be enough to dampen investor demand for real estate.
CBRE projects a record year for commercial real estate investment, enabled by high
levels of low-cost debt availability and new players drawn to real estate debt’s attractive
risk-adjusted returns. Commercial real estate values will rise, particularly for sought-after
industrial and multifamily assets. Investors will sharpen their focus on emerging
opportunities in the office and retail sectors in search of better returns.
According to the Deloitte Center for Financial Services annual Commercial Real Estate
Outlook for 2022, Eighty percent of respondents expect their institution’s revenues in
2022 to be slightly or significantly better than 2021 levels. In 2022, many real estate
companies are not expected to be out of the woods yet, but the solid fundamentals that
buoyed the sector pre-pandemic could help in the short term. The tight labor market is
bringing workforce issues to the forefront, such as well-being, ESG, and adopting a more
individualized approach to where work gets done (remote/office/hybrid). Our survey
indicates CRE employees want their firms to be more purpose-driven.
According to the PwC Emerging Trends in Real Estate 2022, confounding initial
expectations of a protracted recession and then recovery spanning several years, the
economy began to bounce back almost as quickly as it shut down. The recession ended
up lasting only two months—the shortest on record—according to the official arbiters of
business cycles. Economic output is already back above pre-COVID levels, and jobs may
recover to previous levels by early 2022. The economic outlook certainly looked much
better in mid-2021 than could reasonably have been hoped for a year earlier. Not only has
economic output already recovered to pre-COVID levels, but growth is forecast to be at
its highest rate in decades during 2021 and 2022.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE FLORIDA ECONOMIC ANALYSIS
Page 10
According to J.P. Morgan Chase 2022 commercial real estate outlook, the commercial
real estate industry has a positive outlook heading into 2022. Although there were some
surprises and overly negative forecasts surrounding retail and office commercial real
estate markets, industrial continues to perform well. Overall, the future of multifamily
looks bright, with a couple notable exceptions. The year ahead looks positive, with retail
and multifamily asset classes rebounding and industrial continuing to thrive. Commercial
real estate has also found innovative ways to increase the affordable and workforce
housing supply. The public and private sectors must work together to prioritize
infrastructure to help the economy grow.
FLORIDA ECONOMIC ANALYSIS
According to the U.S. Census Bureau, Florida trailed only Texas in population increases
from 2020 to 2021, while the nation had the slowest growth rate in its history. Florida's
grew by 211,196 residents from July 1, 2020, to July 1, 2021, to a population of
21,781,128, the census estimates show. Texas grew by an estimated 310,288 residents to
a population of 29,527,941. The Bureau of Economic and Business Research at the
University of Florida projects the state's population, which surpassed 20 million in mid
2015, to rise to 24.42 million by 2030 and 26.36 million by 2040.
According to the Fall 2021 Florida Forecast prepared by the Institute for Economic
Competitiveness at the University of Central Florida, Florida’s economy, as measured by
real Gross State Product, will expand at an average annual rate of 2.4% from 2021 to
2024. After contracting by 2.8% in 2020, real Gross State Product will rise by 5.1% in
2021. Payroll job growth in Florida will continue to outpace national job growth as the
labor market climbs out of a deep hole. Average job growth over the 2021-2024 period
will be 0.1 percentage points faster than the national economy.
Housing starts will pick up going forward, but not nearly fast enough to offset the large
shortage of single-family housing in the short run. House price appreciation will
decelerate over this period as supply catches up with strong demand and as affordability
gets further out of reach for many.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE COLLIER COUNTY AREA ANALYSIS
Page 11
Labor force growth in Florida is projected to average 2.2% from 2021-2024. After a
sharp contraction of 2.1% in 2020, strong payroll job creation will boost Florida’s labor
market recovery. The prospects of finding a job and higher wages will bring more
Floridians back to the hunt for employment, particularly those who dropped out of the
labor market as a result of the lockdowns and recession.
COVID-19
Governor Ron DeSantis issued a "safer-at-home" order on April 3, 2020 in an effort to
limit the spread of coronavirus. Governor DeSantis announced on April 29, 2020 that he
would lift the "safer-at-home" order on May 4, 2020. Retailers and restaurants are
allowed to reopen in limited capacities while movie theaters, gyms, bars, and face-to-face
personal service providers (such as barbers and nail salons) will remain closed. Phase
One of the three-phase “Safe. Smart. Step-by-Step” plan excludes Miami-Dade, Broward,
and Palm Beach counties.
As of September 25, 2020 Governor DeSantis announced Florida would be entering
Phase 3 in reopening the state, meaning restaurants, bars, salons and other businesses will
be allowed to reopen under full capacity. On May 3, 2021, Governor DeSantis signed an
executive order that immediately suspended the state’s remaining COVID-19 public
health restrictions. As of November 29, 2021, Governor DeSantis again announced the
state will not be issuing any lockdowns or restrictions.
COLLIER COUNTY AREA ANALYSIS
Collier County has long been an attractive place to retire and it continues to be an area
that experiences a great deal of seasonal population increases. According to the Collier
County Comprehensive Planning Department, Collier County’s population increases up
to 25% between November and April due to seasonal residents and short-term
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE COLLIER COUNTY AREA ANALYSIS
Page 12
agricultural workers in the Immokalee area. The population increase creates a high
degree of seasonality within the retail, service, and hospitality sectors of Collier County’s
economy.
Collier County is located less than 150 miles from Fort Myers, Fort Lauderdale, Miami,
Sarasota, and West Palm Beach as shown in the following table.
Metro Area Miles
Fort Myers 44 Jacksonville 378
Fort Lauderdale 107 Tallahassee 435
Miami 128 Atlanta 616
Sarasota 120 New York 1,311
West Palm Beach 150 Dallas 1,315
Tampa 169 Chicago 1,335
Orlando 238
Distance to Other Major Markets
Population
The Bureau of Economic and Business Research, University of Florida released the
following population statistics for Southwest Florida. As shown, total population
increased in five of the six Southwest Florida counties with the greatest growth (2010-
2020) in Lee County and the second highest in Collier County. Lee County maintained
the highest growth rate of the six counties from 2020 to 2021.
State and 2020 2010 2000
County 2021 2020 2010 2000 to 2021 to 2020 to 2010
FLORIDA 21,898,945 21,538,187 18,801,332 15,982,824 1.7 14.6 17.6
Charlotte 190,570 186,847 159,978 141,627 2.0 16.8 13.0
Collier 382,680 375,752 321,520 251,377 1.8 16.9 27.9
Glades 12,130 12,126 12,884 10,576 0.0 -5.9 21.8
Hendry 40,540 39,619 39,140 36,210 2.3 1.2 8.1
Lee 782,579 760,822 618,754 440,888 2.9 23.0 40.3
Sarasota 441,508 434,006 379,448 325,961 1.7 14.4 16.4
Sources: US Census Bureau (2020, 2010, and 2000 Census) and University of Florida, Bureau of Economic and
Business Research (2021 Estimates).
Table 3. Population and Population Change for Counties in Florida, 2000 to 2021
Percent Change
Population
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE COLLIER COUNTY AREA ANALYSIS
Page 13
The following table shows the projected population through 2045. As shown, Lee County
also has the highest projected growth rates with Collier County as a close second.
2020 2025 2030 2035 2040
2020 2025 2030 2035 2040 2045 to 2025 to 2030 to 2035 to 2040 to 2045
Southwest Florida 1,819,225 1,985,168 2,120,232 2,233,319 2,332,233 2,420,791 9.12%6.80%5.33%4.43%3.80%
Charlotte 187,904 203,016 215,478 225,562 234,391 242,460 8.04%6.14%4.68%3.91%3.44%
Collier 387,450 423,564 452,806 477,771 499,729 518,956 9.32%6.90%5.51%4.60%3.85%
Glades 13,609 14,272 14,811 15,222 15,560 15,851 4.87%3.78%2.77%2.22%1.87%
Hendry 40,953 42,898 44,380 45,554 46,570 47,468 4.75%3.45%2.65%2.23%1.93%
Lee 750,493 829,303 894,597 948,834 996,086 1,038,511 10.50%7.87%6.06%4.98%4.26%
Sarasota 438,816 472,115 498,160 520,376 539,897 557,545 7.59%5.52%4.46%3.75%3.27%
Percent Change
Projections of Florida Population by County, 2020-2045, with Estimates for 2020
Source: University of Florida, Bureau of Economic and Business Research, Florida Population Studies, Bulletin 190, June 2021
Population
U.S. News & World Report, the global authority in rankings and consumer advice
evaluated the country’s 150 most populous metropolitan areas based on affordability, job
prospects and desirability. The 2020-2021 25 Best Places to Retire is dominated by
Florida metro areas, largely due to affordable homes, low taxes and high ratings for
happiness and desirability. Increases in Desirability and Job Market scores lifted Sarasota
from No. 2 last year to overtake Fort Myers for the No. 1 spot for 2020-2021. Naples was
No. 4 on the list behind Port St. Lucie. However, Naples dropped to 12th overall in the
2022-2023 Best Places to Live report released by U.S. News & World Report in May
2022. Cape Coral-Fort Myers fell from No. 43 to No. 100 while Sarasota-Bradenton
maintained its No. 9 ranking. Collier County has become the most expensive place to buy
a home in the eastern U.S. according to data released by the National Association of
Realtors in May 2022.
Employment
The local economy is largely dependent on the real estate market. Covid-19 negatively
impacted overall employment and the service and leisure and hospitality sectors in
particular; however, jobs continue to return as the market improves. Tourism drives much
of the Collier County area's economy, with leisure and hospitality composing almost 20%
of the workforce. When lumped in with retail trade, Collier County has nearly 35% of its
entire workforce in these sectors, the third-highest proportion in Florida.
Collier County has experienced among the nation's strongest population and job growth
rates over the past five years. The following table shows the Collier County Employment
by Industry as well as historical and projected job growth.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE COLLIER COUNTY AREA ANALYSIS
Page 14
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE COLLIER COUNTY AREA ANALYSIS
Page 15
The following table shows employment projections through 2029 by the Florida
Department of Economic Opportunity. As shown, agricultural employment is projected to
decline while the leisure and hospitality industry has the largest projected growth rate of
19.1% followed by Professional and Business Services (16.4%).
NAICS Title 2021 2029 Growth
Percent
Growth
Total, All Industries 538,465 611,699 73,234 13.6
Agriculture, Forestry, Fishing & Hunting 8,270 7,193 -1,077 -13.0
Mining 399 434 35 8.8
Construction 56,144 63,917 7,773 13.8
Manufacturing 12,859 13,736 877 6.8
Trade, Transportation and Utilities 95,808 106,868 11,060 11.5
Information 4,357 4,641 284 6.5
Financial Activities 25,107 28,402 3,295 13.1
Professional and Business Services 62,254 72,464 10,210 16.4
Education and Health Services 107,269 123,960 16,691 15.6
Leisure and Hospitality 78,490 93,510 15,020 19.1
Other Services, Ex. Public Admin 20,192 22,669 2,477 12.3
Government 65,398 72,624 7,226 11.0
Self Employed and Unpaid Family Workers, All Jobs 40,799 44,548 3,749 9.2
Florida Department of Economic Opportunity
Employment
JOBS BY INDUSTRY
CHARLOTTE, COLLIER, GLADES, HENDRY, AND LEE COUNTIES
Collier County unemployment peaked in August 2010 at 13.0% and had generally been
declining until the Covid-19 pandemic with unemployment peaking again at 13.5% in
April 2020. The preliminary reported unemployment rate in August 2022 was only 2.8%.
The annual Collier County rate peaked in 2010 at 11.6% and had declined steadily since
until the spike from the Covid-19 pandemic in April 2020. However, unemployment
numbers have steadily decreased as the economy continues to improve. The 2020 annual
rate was 7.5% and the 2021 annual rate declined to 3.7%.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE COLLIER COUNTY AREA ANALYSIS
Page 16
As of August 2022, the unemployment rate for the state of Florida was 2.8%, down from
the peak in May 2020 of 13.9%. On a national level, the unemployment rate in August
2022 was 3.7%, a decrease from the peak in April 2020 of 14.7%. Collier County
currently has a lower August rate, at 2.8%, than national levels and a similar rate to the
state of Florida.
The local economy is largely dependent on the real estate market. The following table
from the U.S. Department of Labor shows Naples/Immokalee/Marco Island employment
from 2012 through August 2022. As shown, unemployment from the Covid-19 pandemic
affected the service and leisure and hospitality sectors the most. With the exception of
Leisure and Hospitality, all sectors have regained all lost jobs and have exceeded 2019
levels.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE COLLIER COUNTY AREA ANALYSIS
Page 17
Year
Service-
Providing
%
Change
Goods
Producing
%
Change
Mining, Logging, &
Const.
%
Change
Leisure and
Hospitality
%
Change
All Employees,
Total Nonfarm
%
Change
2012 106,600 3.1%12,100 5.2%9,400 4.4%23,600 4.4%118,700 3.3%
2013 109,700 2.9%13,500 11.6%10,500 11.7%24,400 3.4%123,300 3.9%
2014 114,500 4.4%15,400 14.1%12,100 15.2%25,500 4.5%129,900 5.4%
2015 119,100 4.0%17,000 10.4%13,600 12.4%26,500 3.9%136,100 4.8%
2016 124,000 4.1%18,700 10.0%14,900 9.6%27,500 3.8%142,600 4.8%
2017 126,300 1.9%19,400 3.7%15,400 3.4%28,300 2.9%145,600 2.1%
2018 129,600 2.6%21,500 10.8%17,200 11.7%29,100 2.8%151,000 3.7%
2019 133,200 2.8%22,400 4.2%17,700 2.9%30,000 3.1%155,600 3.0%
2020 126,300 -5.2%22,100 -1.3%17,200 -2.8%25,600 -14.7%148,400 -4.6%
2021 132,400 4.8%23,100 4.5%18,000 4.7%28,000 9.4%155,500 4.8%
2022*138,200 4.5%24,000 6.4%18,700 6.9%31,300 11.0%162,200 4.8%
*Through March 2022; percentage increase in comparison to March 2021 YTD
Source: U.S. Department of Labor
Naples - Immokalee - Marco Island
Collier County and the entire Southwest Florida Region is substantially dependent on the
real estate and construction sectors. Therefore, the area has been and should be more
susceptible to cyclical fluctuations that have occurred in other areas dominated by a
single industry. The Southwest Florida Economic Development Alliance reports key
employers in Southwest Florida (Collier, Lee and Charlotte County) from Biofuels,
healthcare, technology, apparel design, to sugar production are a driving force behind the
region’s success. The table below provides a few examples of some key employers in
Southwest Florida.
The following table shows the Top 25 Employers as reported by the Florida Gulf Coast
University Regional Economic Research Institute on July 27, 2021.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE COLLIER COUNTY AREA ANALYSIS
Page 18
Rank Company SWFL Employees Industry County
1 Lee Health 14,028 Healthcare and Social Assistance Lee
2 Lee County School District 11,003 Educational Services Lee
3 Publix Super Market 9,768 Retail Trade Charlotte, Collier, Lee
4 Lee County Local Government 9,142 Public Administration Lee
5 NCH Healthcare System 8,159 Healthcare and Social Assistance Collier
6 Walmart 7,286 Retail Trade Charlotte, Collier, Hendry, Lee
7 Collier County School District 5,756 Educational Services Collier
8 Collier County Local Government 5,173 Public Administration Collier
9 Arthrex 4,087 Manufacturing Collier
10 Marriott International, Inc.3,620 Accommodation and Food Services Collier, Lee
11 Bayfront Health 2,801 Healthcare and Social Assistance Charlotte
12 Charlotte County Local Government 2,614 Public Administration Charlotte
13 McDonald's 2,613 Accommodation and Food Services Charlotte, Collier, Hendry, Lee
14 Home Depot 2,497 Retail Trade Charlotte, Collier, Lee
15 Charlotte County School District 2,152 Educational Services Charlotte
16 Winn-Dixie 1,899 Retail Trade Charlotte, Collier, Hendry, Lee
17 Hope Hospice 1,838 Healthcare and Social Assistance Collier, Lee
18 Chico's Fas Inc.1,552 Retail Trade Collier, Lee
19 Florida Gulf Coast University 1,519 Educational Services Lee
20 Bloomin' Brands, Inc.1,395 Accommodation and Food Services Charlotte, Collier, Lee
21 Realogy Holdings Corp.1,381 Real Estate and Rental and Leasing Charlotte, Collier, Lee
22 Darden Restaurants 1,380 Accommodation and Food Services Charlotte, Collier, Lee
23 Target 1,300 Retail Trade Charlotte, Collier, Lee
24 Walgreens 1,170 Retail Trade Charlotte, Collier, Hendry, Lee
25 Yum! Brands, Inc.1,141 Accommodation and Food Services Charlotte, Collier, Hendry, Lee
Source: Florida Gulf Coast University Regional Economic Research Institute; July 27, 2021
Tourist Tax Revenues
The following graph from the Southwest Florida Regional Economic Indicators October
2022 report prepared by Florida Gulf Coast University shows Collier, Lee, and Charlotte
County’s tourist tax revenues. Collier County’s tourist tax revenues amounted to $4.6
million in June 2022, up 1 percent compared to June 2021, and up by 3 percent compared
to May 2022.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE COLLIER COUNTY AREA ANALYSIS
Page 19
Development
Growth continues to shift east with Ave Maria becoming the top-selling single-family
residential community in Collier County and was recently ranked as one of the Top 25
Selling Master-Planned Communities in the United States. It has maintained the top
ranking in the Naples-Fort Myers market for the past seven years and reported a record
breaking 646 new home sales in 2021, a 28% increase from 2020. There are currently
four residential builders in Ave Maria, CC Homes, Del Webb Naples, Lennar and Pulte
Homes. The grand opening of The National Golf and Country Club at Ave Maria, a
bundled golf community by Lennar, was held on January 7, 2021. The Immokalee Road
corridor between Naples and Ave Maria is projected to see thousands of new homes
developed in the next few years.
In January 2020, in what has been described as one of the most important votes for the
future of growth in Collier County, commissioners approved Rivergrass Village. The
village is the first of three planned 1,000-acre villages stretching from just north of Oil
Well Road to east of Golden Gate Boulevard East. Rivergrass Village will allow for up to
2,500 homes; 100,000 square feet of retail and office uses and a minium of 25,000 square
feet for civic government, and institutional buildings. Longwater Village will allow for
up to 2,600 homes; 65,000 square feet of retail and office space and 25,000 square feet
for civic government, and institutional buildings and Bellmar Village will allow for up to
2,750 homes; 85,000 square feet of retail and office space and 27,500 square feet for
civic government, and institutional buildings. In a near unanimous decision, the Collier
County Planning Commission agreed to recommend approval of Longwater in March
2021. The project has sparked controversy because the property sits in the
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE COLLIER COUNTY AREA ANALYSIS
Page 20
environmentally sensitive Rural Lands Stewardship Area, or RLSA. Commissioners
voted to approve the Longwater and Bellmar Villages on June 8, 2021.
There are more than $1 billion in new luxury high-rise developments near the coast
including One Naples at the northeast corner of Vanderbilt Beach Road and Gulf Shore
Drive as well as Pelican Bay (Mystique completed in 2019) and Kalea Bay (Towers 100
and 200 are complete, Tower 300 is expected to be open in late 2022) in North Naples.
New commercial development is very active at the intersections of Collier Boulevard and
US 41 East as well as Collier Boulevard and Immokalee Road.
In its 2nd Quarter 2022 report, the Office of Federal Housing Enterprise Oversight
(OFHEO) found that the Naples- Marco Island MSA had a 32.8% increase in home
prices (all-transactions including purchase and refinance mortgage) over the trailing 12
months. Homes prices in the state of Florida increased 29.8% over the past year (2Q 2021
- 2Q 2022) which was 1st in the nation.
The continuing care retirement community, Moorings Park, teamed with London Bay
Homes to develop an independent living development with 275 residences in 17
buildings. All of the buildings are six stories over parking. Grande Lake, will be built on
55 acres off Golden Gate Parkway, between Airport-Pulling and Livingston Roads.
Entrance fees start at $1.5 million and are 70% refundable. Construction on the first 47
units in three buildings commenced in December 2018 with completion in May 2020.
Arthrex, a medical device manufacturer and one of the county's largest employers,
completed construction of its latest expansion plan at its headquarters along Goodlette-
Frank Road in early 2020. The development includes a 300,000 square-foot, six-story
office complex with an auditorium, a four-story Innovation Hotel with approximately 160
rooms, a two-story wellness center, and a 3-acre park. The hotel hosts orthopedic
surgeons from the U.S. and around the world for medical education on the company's
devices and instruments. Arthrex has contracted with a Tampa-based company, Mainsail,
to manage all elements of the hotel operation, including employees.
The first regional store for Phoenix-based Sprouts Farmers Market anchors The Landings
at Logan, a new 18-acre retail center at the southeast corner of Immokalee Road and
Logan Boulevard in North Naples. NCH Healthcare Northeast located at the northeast
quadrant of Immokalee Road and Collier Blvd (CR 951) opened in late 2015 and is the
first free standing ER facility in Collier County. The two-story building consists of
approximately 41,500± square feet.
Barron Collier Companies and Metro Development Group broke ground on Founders
Square, a 55-acre mixed-use development located on the southeast corner of Immokalee
Road and Collier Boulevard in January 2020. The development is anchored by The
Pointe, a collection of 10 separate restaurants and other retail tenants. It also includes a
400-unit Class A apartment community, known as The Haldeman; a 35,000 square foot
medical office building leased by Physicians Regional Medical Healthcare; and
StorQuest a 110,000 square foot self-storage facility.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE COLLIER COUNTY AREA ANALYSIS
Page 21
Seed to Table, a new Oakes Farm grocery store at the northeast corner of Livingston and
Immokalee Roads in North Naples opened in December 2019. The former Albertson's
was completely gutted and consists of 77,000+ square foot store with sit-down dining, a
full-service bar, three bars for beer and wine, wine room with samples on tap, a wood-
fired brick oven for pizza, a raw bar, sushi bar, grilling area, coffee bar and stations
preparing fresh pasta, guacamole, cheese, cut vegetables, sandwiches, smoothies and
even homemade ice cream with indoor-outdoor seating.
Paradise Coast Sports Complex, is Collier County’s partially completed $100 million
Amateur Sports Complex. The county hopes to become a destination for traveling youth
sports teams and amateur athletes. While the focus of the complex is athletics, there will
be 20 fields between soccer, baseball and softball, plus a 10,000-person championship
stadium, the goal is to get people to stay after the game is over with The Cove and The
Factory. The Cove is a bar and food truck area for patrons to relax, listed to live music
and play a variety of yard games (bag toss, oversized Connect Four and Jenga, plus ping
pong). The Factory is an outdoor workout facility focusing on functional fitness (similar
to CrossFit) which is available on a monthly membership basis. Additionally, the man-
made lake next to The Cove includes a 2/3 mile jogging loop with three workout stations.
There is a climbing wall for public use and a beach volleyball court.
Collier County Commissioners approved a $15 million economic development agreement
on June 22, 2021 for The Great Wolf Lodge. The land was purchased for $9,100,000 in
July 2021 and construction commenced in July 2022. The Lodge will be built on 20 acres
of land along City Gate Boulevard North and will feature a 100,000 square foot indoor
water park, 500-room hotel, and 62,000 square feet of amenities and attractions. The
resort is expected to open in the summer of 2024. It will bring in more than 200
construction jobs, plus an additional 600 full-time and part-time jobs once open.
Investment Trends
The following CoStar data shows Collier County trends in the Multi-Family, Retail,
Office, and Industrial sectors as of third quarter 2022.
Collier County may not see many trades, but investor sentiment remains bullish.
Confirmed cap rates average 4.4% over the past 12 months. The market cap rate has
fallen over the past year, and the rate in the metro is structurally lower than those across
the country. Annual sales volume has averaged $203 million over the past five years, and
the 12-month high in investment volume (which was the most recent 12 months) hit $438
million.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE COLLIER COUNTY AREA ANALYSIS
Page 22
Multi-Family
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
2221201918171615141312
Market Sale Price/Unit
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
8.0%
2221201918171615141312
Market Cap Rate
$0M
$50M
$100M
$150M
$200M
$250M
$300M
$350M
2221201918171615141312
Sales Volume
-200%
-100%
0%
100%
200%
300%
400%
500%
600%
2221201918171615141312
12 Mo Sales Vol Growth
Annual retail sales volume in Collier County averaged $263 million over the past five
years, and the 12-month high in investment volume hit $522 million over that stretch. In
the past 12 months specifically, $465 million worth of retail assets sold.
The market cap rate has fallen over the past year to 5.6%, the lowest cap rate that has
been seen in Collier County during the last five year. The rate is structurally lower than
those across the country.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE COLLIER COUNTY AREA ANALYSIS
Page 23
Retail
$0
$50
$100
$150
$200
$250
$300
$350
2221201918171615141312
Market Sale Price/SF
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
8.0%
2221201918171615141312
Market Cap Rate
$0M
$100M
$200M
$300M
$400M
$500M
$600M
2221201918171615141312
Sales Volume
-60%
-40%
-20%
0%
20%
40%
60%
80%
100%
120%
140%
160%
2221201918171615141312
12 Mo Sales Vol Growth
Annual office sales volume averaged $116 million over the past five years in Collier
County, and the 12-month high in investment volume hit $239 million over that stretch.
In the past 12 months specifically, $167 million worth of office assets sold.
The market cap rate has fallen over the past year to 7.0% and is close to the country's
average. The current rate is the lowest cap rate seen in Collier County during the past five
years.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE COLLIER COUNTY AREA ANALYSIS
Page 24
Office
$0
$50
$100
$150
$200
$250
$300
2221201918171615141312
Market Sale Price/SF
6.4%
6.6%
6.8%
7.0%
7.2%
7.4%
7.6%
7.8%
8.0%
2221201918171615141312
Market Cap Rate
$0M
$50M
$100M
$150M
$200M
$250M
2221201918171615141312
Sales Volume
-100%
0%
100%
200%
300%
400%
500%
600%
2221201918171615141312
12 Mo Sales Vol Growth
Collier County had an unusually large number of deals close over the past 12 months,
which was among the best of its peers, with 110 transactions. That was comfortably
above average transaction volume here over the past five years. Annual sales volume has
averaged $86 million over the past five years, and the 12-month high in investment
volume hit $164 million over that stretch. In the past 12 months specifically, $133 million
worth of industrial assets sold. Logistics facilities drove recent sales volume, accounting
for $87.8 million in confirmed transactions
Market prices rose by more than 10% and is above the country's average. The market cap
rate has dropped since last year. It is the lowest cap rate, at 6.5%, that has been seen in
Naples during the past five years, but it's still higher than the country's average yield.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE COLLIER COUNTY AREA ANALYSIS
Page 25
Industrial
$0
$20
$40
$60
$80
$100
$120
$140
$160
$180
2221201918171615141312
Market Sale Price/SF
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
8.0%
9.0%
2221201918171615141312
Market Cap Rate
$0M
$20M
$40M
$60M
$80M
$100M
$120M
$140M
$160M
2221201918171615141312
Sales Volume
-50%
0%
50%
100%
150%
200%
2221201918171615141312
12 Mo Sales Vol Growth
Income
Personal income is a significant factor in determining the real estate demand in a given
market. The following table shows Collier County households by income from the
CCIM Site to do Business. Overall, Collier County has an average household income of
$127,724 and a per capita income of $53,839.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE COLLIER COUNTY AREA ANALYSIS
Page 26
Conclusion
The long term economic outlook for Collier County is positive. The area lures people
from all over the country for tourism as well as retirement, with the beaches and weather
considered major demand drivers.
The projected growth in population and employment provide an economic base that
supports demand for real estate in the subject neighborhood and for the subject property.
These conditions have resulted in increasing property values and should stimulate
continued increases within the foreseeable future. Prior to the coronavirus pandemic, the
residential market had stabilized after several years of an expansion period, with
sustained growth in demand and increasing construction. Since the coronavirus
pandemic, residential demand increased significantly with record sales in 2020 and
continued high demand but limited inventory in 2021. Inventory shortages are expected
to continue in 2022 with no surplus expected; however, continued increases in interest
rates will likely begin to decrease demand. New home builders are facing similar
obstacles with a lack of building supplies creating a backlog of newly constructed homes.
Prices continue to increase; however, the extended shortages, increasing construction
costs, and increasing interest rates may begin to temper demand.
According to Porch.com, a home services platform, Naples-Marco Island had the most
home sales per 10,000 residents in the nation in 2021. According to the Naples Area
Board of Realtors (NABOR), there was a record $18.2 billion in sales in Collier County
during 2020. Demand eclipsed all expectations in 2021 with a 25.8% increase in overall
sales in 2021 and a 20.3% increase in median closed price (year over year). The February
2022 Market Report released by NABOR shows overall closed sales have declined by
33.8% in February 2022 YTD. Overall median closed price for single family and
condominium units increased 37.6% in 2022 Year-to-date as compared to 2021 Year-to-
date. According to Inspection Support Network, an organization that provides industry
software and other resources, Collier County was fourth in the nation in rising home
prices for midsized counties (population of 350,000-749,999) with a 31% increase in
median prices. Lee County was third in the nation for large counties (750,000+) with an
increase of 32%.
Generally, the commercial market lags the residential market. Aside from some signs of
an upcoming decline, characterized by positive but falling demand with increasing
vacancy, the overall commercial market was projected to continue to increase at a
stabilized rate prior to the coronavirus outbreak. The significant residential demand since
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE
Page 27
the pandemic has generally stabilized the commercial market overall with an increased
demand for the industrial sector and select retail and office properties.
Collier County Area Map
Subject
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE MARKET AREA ANALYSIS
Page 28
MARKET AREA ANALYSIS
Boundaries
The property is located in the North Naples Planning Community. This market area is
generally delineated as follows:
North Collier/Lee County Line
South Pine Ridge Rd
East Collier Blvd (CR 951)
West Tamiami Trail (US 41)
A map identifying the location of the property follows this section.
Market Area Access and Linkages
Primary access to the market area is provided by three major north/south arterials and
three major east/west arterials. The north/south arterials are: Tamiami Trail North (US
41), which runs from Miami in a westerly direction to central Naples where it makes a
northerly turn and extends all the way to Tampa. Goodlette-Frank Road and Airport
Pulling Road extend from Immokalee Road in a southerly direction to Tamiami Trail
East. East/west arterials through this neighborhood include Immokalee Road, Vanderbilt
Beach Road and Pine Ridge Road. Additionally, Interstate 75 has exits on both Pine
Ridge Road and Immokalee Road. With consideration to the major arterials, access to
and from the neighborhood is considered to be good both in north/south and east/westerly
directions.
The Southwest Florida International Airport (SWFIA) is located about 14 miles north of
the Immokalee Road interchange by way of Interstate 75. Its accessibility to and from the
North Naples neighborhood is very good. The Naples Airport, which provides commuter
flights, is located about four miles south of the Pine Ridge and Airport-Pulling Roads
intersection.
Major Employers
Major employers in the area include the North Naples Hospital campus of NCH, real
estate, financial institutions, and various retail centers located along Tamiami Trail (US-
41) which contribute supporting commercial uses to the surrounding residential areas.
Construction related employment is very prevalent in the area.
The North Naples Hospital campus of NCH is located at the intersection of Goodlette and
Immokalee Roads and is a major catalyst for medical office demand in the market area.
The hospital has 261 acute care beds. In February 2007, the Jay & Patty Baker Patient
Care Tower was opened and provides a range of services including, but not limited to
obstetrics/gynecology, a Level II neonatal nursery, orthopedics, diagnostic cardiac
catheterization, general surgery, emergency medicine, progressive care, intensive care,
pediatrics and pediatric progressive care. To complement the services and programs
already in place at the North Naples campus, the new Brookdale Healthy Aging Center
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE MARKET AREA ANALYSIS
Page 29
was developed to address the aging populations in southwest Florida. The geriatric unit
has 32 acute care beds and is located in the renovated original hospital. The hospital
currently operates four surgical suites, one endoscopy suite, and one catheterization lab.
Expansion plans include the addition of four additional surgical suites bringing the total
number of rooms to eight, an additional endoscopy suite, and upgraded preadmission and
post anesthesia areas. In August 2012, the NCH Healthcare System became a member of
the Mayo Clinic Care Network. NCH is the first member of the network in Florida and
the Southeast region of the United States. Conveniently located at the North Naples
Hospital campus are Outpatient Infusion Services, Children’s Medical Services (clinic
available for pediatric sub-specialties), and the Bear’s Den (onsite childcare services).
The NCH Healthcare System purchased the former Naples Daily News building, located
at 1100 Immokalee Road, in December 2020 for $27,985,000. The newspaper
headquarters, built in 2009, consists of more than 186,000 square feet, on 18 acres in the
Creekside Commerce Park, surrounded by the corporate campus for medical device
manufacturer Arthrex. The Naples Daily News will leaseback space on the second floor
of the building. NCH said it plans to relocate some of its administrative support
functions, such as accounting, billing, IT, business office, supply chain and system
warehousing, from its central campus on Pine Ridge Road to the newly acquired
newspaper building.
Physicians Regional Heathcare System signed a long-term lease to take over operations
of the 50-bed Landmark Hospital, Collier County’s first long-term care hospital, located
at the southeast quadrant of Creekside Boulevard and Goodlette-Frank Road, across from
the NCH North Collier Hospital. The 86,676 square foot, three-story facility was
converted to a general acute-care hospital and renamed Physicians Regional North in
early 2022. The facility includes four modern operating suites and is licensed for 20
medical/surgical beds, all of which are private. Rehabilitative services are also provided
to patients recovering from disabilities caused by illness or injuries. There are 30 private
rooms as well as well-equipped rehab areas.
The Ritz-Carlton Golf Resort is located at 2600 Tiburon Drive in North Naples. The
Tiburon development is situated around two Greg Norman designed courses. The resort,
constructed in 2001, includes 295 rooms.
Arthrex, a medical device manufacturer and one of the county's largest employers,
completed construction of its latest expansion plan at its headquarters along Goodlette-
Frank Road in early 2020. The development includes a 300,000 square-foot, six-story
office complex with an auditorium, a four-story Innovation Hotel with approximately 160
rooms, a two-story wellness center, and a 3-acre park. The hotel hosts orthopedic
surgeons from the U.S. and around the world for medical education on the company's
devices and instruments. Arthrex contracted with a Tampa-based company, Mainsail, to
manage all elements of the hotel operation, including employees.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE MARKET AREA ANALYSIS
Page 30
Demographics
The following table shows the historical, current and projected population, households,
housing, and income demographics for the immediate market area defined as a 3 mile
radius from the subject. The table was developed using data from STDBOnline.com.
Development Activity and Trends
As discussed, Physicians Regional Heathcare System signed a long-term lease to take
over operations of the 50-bed Landmark Hospital, Collier County’s first long-term care
hospital, located at the southeast quadrant of Creekside Boulevard and Goodlette-Frank
Road, across from the NCH North Collier Hospital. The 86,676 square foot, three-story
facility was converted to a general acute-care hospital and renamed Physicians Regional
North in early 2022. In December 2015 Barron Collier Companies, completed the
construction of a 35,000 square foot retail center in front of the hospital along Immokalee
Road. A two-story, 53,000 square foot Bayshore Memory Care Naples assisted-living
facility was completed in August 2015 adjacent to the retail center. Barron Collier
Companies is pre-leasing for a proposed 35,700 square feet of multi-tenant medical space
located adjacent to the Landmark Hospital within the southeast quadrant of Creekside
Boulevard and Goodlette-Frank Road.
All Seasons Naples a senior living community consisting of 100 independent living, 62
assisted living one- and two-bedroom apartment homes, and 25 memory care studio
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE MARKET AREA ANALYSIS
Page 31
apartment homes opened in September 2017. The development is located along the east
side of Tamiami Trail just south of the Lee/Collier County line.
Construction of Phase I and II of Siena Lakes, a senior living community on Orange
Blossom Drive, is complete. The development includes 180 one- and two-bedroom
apartments, a 60,000 square foot clubhouse with swimming pool, fitness center, and
multiple restaurants. At build out the community will have more than 350 independent
living units, 35 assisted living beds, and 30 skilled nursing and memory care beds. Siena
Lakes welcomed its first residents in 2021.
Extra Space Storage completed construction of a self storage facility behind Chase Bank
and across from Super Walmart at the southwest quadrant of Immokalee Road and
Interstate 75 in early 2018. The 150,000± square foot, three-story, facility has 757 storage
units. The developer also constructed a self-storage facility behind RaceTrac along Pine
Ridge Road.
TownePlace Suites by Marriott, a new six-story, 131-unit all suite hotel located behind
the Extra Space Storage within the southwest quadrant of Immokalee Road and Interstate
75 opened March 2020.
Arthrex, a medical device manufacturer and one of the county's largest employers,
completed construction of its latest expansion plan at its headquarters along Goodlette-
Frank Road in early 2020. The development includes a 300,000 square-foot, six-story
office complex with an auditorium, a four-story Innovation Hotel with approximately 160
rooms, a two-story wellness center, and a 3-acre park. The hotel hosts orthopedic
surgeons from the U.S. and around the world for medical education on the company's
devices and instruments. Arthrex contracted with a Tampa-based company, Mainsail, to
manage all elements of the hotel operation, including employees.
A 52,000 square feet Ferrari dealership north of the Walmart on US 41 near the
Immokalee Road intersection was completed in late 2020.
Recreation
General recreational amenities for the area are good and include Veterans Community
Park approximately two miles west of I-75. This county facility has two hard-surface
lighted tennis courts, two playgrounds, four outdoor racquetball courts, a pavilion with
men's and women's restrooms, two basketball courts, two lighted baseball fields with
concession stand and restrooms, a covered roller hockey rink and a soccer/football field.
North Collier Regional Park, Collier County’s newest recent regional park is located on
the east side of Livingston Road, south of Immokalee Road. It includes eight tournament
soccer fields, five tournament softball fields, Sun-N-Fun Lagoon Water Park, RecPlex
Fitness Complex, Calusa fossil dig play area for children, Interactive playground, Exhibit
Hall Park Ranger tours and education.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE MARKET AREA ANALYSIS
Page 32
A YMCA is located at the Airport-Pulling and Pine Ridge Roads intersection. This
facility offers family oriented recreational amenities including tennis, swimming,
canoeing, camping, picnicking, etc. The YMCA completed a $4+ million renovation after
a fire in September 2013. A second gym was added increase the square footage from
40,000 to 50,000 square feet. The L-shaped complex has a modernistic new stucco
facade, with tall-resistant glass windows and swooping red swage.
Beach access is available at both the south end and the north end (one mile apart) of
Vanderbilt Beach at Vanderbilt Beach Road immediately north of the Ritz Carlton Hotel
and at Delnor-Wiggins Pass State Park at the west end of Bluebill Avenue. The latter is a
166-acre park with bathhouse facilities, picnicking, barbecue areas, a boat ramp and
beautiful beaches.
In addition there are many private golf courses within a five-mile radius of the
neighborhood which are open for public play.
Outlook and Conclusions
As with Collier County, the long term economic outlook for North Naples is positive.
Total population is projected to increase slightly over the next five years. North Naples
has entered the expansion phase with sustained growth in demand and increasing
construction.
More importantly, the area is projected to continue to experience increasing employment
growth. The employment growth will be amplified by the expansion of the Arthrex
campus. Based on this analysis, it is anticipated that North Naples will continue to grow
and prosper.
Prior to the coronavirus pandemic, the residential market had stabilized after several
years of an expansion period, with sustained growth in demand and increasing
construction. Since the coronavirus pandemic, residential demand increased significantly
with record sales in 2020 and continued high demand but limited inventory in 2021.
Inventory shortages are expected to continue in 2022 with no surplus expected; however,
continued increases in interest rates will likely begin to decrease demand. New home
builders are facing similar obstacles with a lack of building supplies creating a backlog of
newly constructed homes. Prices continue to increase; however, the extended shortages,
increasing construction costs, and increasing interest rates may begin to temper demand.
Generally, the commercial market lags the residential market. Aside from some signs of
an upcoming decline, characterized by positive but falling demand with increasing
vacancy, the overall commercial market was projected to continue to increase at a
stabilized rate prior to the coronavirus outbreak. The significant residential demand since
the pandemic has generally stabilized the commercial market overall with an increased
demand and significant price increases for the industrial sector and select retail and office
properties.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE MARKET AREA ANALYSIS
Page 33
Market Area Map
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE RETAIL MARKET ANALYSIS
Page 34
RETAIL MARKET ANALYSIS
The following table developed from CoStar summarizes the overall retail market
statistics as of third quarter of 2022 for the Collier County Retail Market. As shown,
current rental rents are $26.68 per square foot triple net and have increased 6.3% over the
past year. Current vacancy rates are 3.8%.
According to the CoStar retail report, retail rents in the Collier County Market rose at a
6.3% annual rate over the past year and have posted an average annual gain of 3.8% over
the past three years.
In addition to 290,000 SF that was delivered over the past three years (a cumulative
inventory expansion of 1.2%), there is 100,000 SF currently underway. Vacancies in the
metro were somewhat below the 10-year average as of 2022Q4 and trended slightly down
over the past four quarters. Employment was recently increasing at an annual rate of
3.2%, or a gain of about 5,100 jobs. While a positive result, this does represent the
weakest rate of job creation in the past twelve months, which at one point was as high as
6.2%.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE RETAIL MARKET ANALYSIS
Page 35
North Naples Retail Submarket
The subject is located within the CoStar defined North Naples Retail Submarket. The
following table summarizes the asking rents in each of the Collier County retail
submarkets. As shown, the City of Naples submarket has the highest asking rent followed
by the North Naples submarket. The Naples Submarket commands the highest rents for
any submarket outside of South Florida. Tenants along Fifth Avenue in Old Naples,
predominately boutiques and high-end retail, pay the highest rents in the market to
capitalize on the high visibility and walk-ability. Proximity to wealthy households along
the beach also spurs tenants to pay higher rents.
The following graph shows average rental rates and occupancy levels for each submarket.
The size of the bubble relates to the size (SF) of the submarket. As shown, the North
Naples submarket is the largest submarket followed by the East Naples submarket. As
previously mentioned, the City of Naples and North Naples submarkets have the highest
average rental rates. All submarkets have stabilized occupancy rates above 91%.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE RETAIL MARKET ANALYSIS
Page 36
The following table developed from CoStar summarizes the third quarter of 2022 retail
market statistics for the North Naples Retail Submarket. As shown, current market rents
are $28.33 per square foot triple net and have increased 6.7% over the past twelve
months. Vacancy rates are currently 4.2%.
As shown in the following graph, net absorption is projected to be positive through 2026
with North Naples vacancy rates increasing to the 4.5% range and Collier County
increasing to the 4% range.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE
Page 37
Rental rates are projected to slightly increase through 2026.
VACANCY AND RENTAL RATE TRENDS
The following graph shows vacancy and rental rates for all classes of retail space within a
two mile radius of the subject. The data developed from CoStar includes a survey of
2,259,174 square feet of rentable area. As shown, rental rates have increased si nce early
2019 with a significant increase since early 2021. The current average rental rate is
$24.06/sf triple net. Vacancy rates have also generally declined during this time period
and are currently 5.0%.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE SITE ANALYSIS
Page 38
PROPERTY DESCRIPTION AND ANALYSIS
SITE ANALYSIS
The following description is based on our property inspection and public records.
Parcel ID Gross Land Area
(Acres)
Gross Land Area
(Sq Ft)
00154600000 2.42 105,415
Land Summary
SITE
Location: The subject is located along the east side of Tamiami Trail North
(U.S. 41) between City Furniture/Ashley Furniture and the
Mercedes-Benz of Bonita Springs dealership.
Current Use of the Property: Undeveloped wooded land
Shape: The site is trapezoidal in shape.
Road Frontage/Access:
The subject property has average access with frontage as follows:
• Tamiami Trail North (U.S. 41): 268± feet
The site has an average depth of 410± feet. It is not a corner lot.
Traffic Count (2022): 43,309 along Tamiami Trail North (U.S. 41)
Visibility: Average
Topography: The subject has level topography below grade and no known areas of
jurisdictional wetlands.
Soil Conditions: We were not provided with a soils report for the purpose of this
appraisal. We are not experts in soils analysis; however, the soil
conditions observed at the subject appear to be typical of the region
and adequate to support development.
Utilities:
Electricity: FP&L
Sewer: Collier County
Water: Collier County
Underground Utilities: The site is not serviced by underground
utilities
Adequacy: The subject's utilities are typical and adequate for the
market area.
Site Improvements: • Street Lighting: There is street lighting along Tamiami Trail N
(US 41).
• Sidewalks: There are sidewalks along Tamiami Trail N (US 41).
• Curbs and Gutters: There are drainage swales along Tamiami
Trail N (US 41).
• Curb Cuts: The subject does not have any existing curb cuts
along Tamiami Trail N. (US 41).
• Landscaping: The subject is undeveloped wooded land.
Flood Zone: The subject is located in an area mapped by the Federal Emergency
Management Agency (FEMA). The subject is located in FEMA
flood zone AE with a portion in Zone X, which is classified as a
flood hazard area.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE SITE ANALYSIS
Page 39
FEMA Map Number: 12021C 0191H
FEMA Map Date: May 16, 2012
The subject is partially located in Flood Zone AE with a portion in
Zone X. The appraiser is not an expert in this matter and is reporting
data from FEMA maps.
Environmental Issues: A Phase I Environmental Site Assessment Report Executive
Summary dated January 6, 2022 prepared by Partner Engineering
and Science, Inc. was provided for the purpose of this appraisal. The
assessment was prepared for Automotive Management Services, Inc.
(Mercedes-Benz of Bonita Springs dealership) during the due
diligence period of their purchase agreement. According to the
report, there was no evidence of recognized environmental
conditions (RECs) in connection with the subject property. However,
based on information obtained from the United States Fish &
Wildlife Service, the subject property contains Freshwater
Forested/Shrub Wetland areas. A comprehensive wetland survey
would be required in order to fully determine actual wetlands on the
subject property. Environmental issues are beyond our scope of
expertise; therefore, we assume the property is not adversely affected
by environmental hazards.
Encumbrance / Easements: A current title report was not provided for the purpose of this
appraisal. We are not aware of any easement, restrictions, or
encumbrances that would adversely affect value. Therefore, our
valuation assumes the subject has a clear and marketable title with
no adverse easement, restrictions, or encumbrances.
Site Comments: The site has average and typical utility. It has approximately 268±
feet of frontage along Tamiami Trail N (US 41) and is located in
Flood Zone AE.
ZONING
Zoning Code C-4
Zoning Authority Collier County
Zoning Description General Commercial District
Permitted Uses Accounting; automotive services; banks; business services;
child day care; churches; dry-cleaning; eating places; food
stores; funeral services; gasoline service stations; group
care facilities; hardware stores; health services; laundry;
medical and dental laboratories; retail nurseries; and
veterinary services; et al.
Current Use Legally Conforming The subject is legal and conforming use.
Zoning Change Likely A zoning change is unlikely.
Minimum Lot Area (SF) 10,000
Minimum Floor Area (SF) 700 (ground floor)
Minimum Street Frontage (Feet) 100
Front Set Back Distance (Feet) 50% of the building height, but not less than 25 feet.
Structures 50 feet or more in height = 25 feet plus one
additional foot of setback for each foot of building height
over 50 feet; Waterfront: 25
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE SITE ANALYSIS
Page 40
Rear Set Back Distance (Feet) 50% of the building height, but not less than 15 feet;
Residential or waterfront: 25
Side Yard Distance (Feet) 50% of the building height, but not less than 15 feet;
Residential or waterfront: 25
Parking Requirement Dependent on specific use
Maximum Density/FAR Hotels 60%; Destination resort 80%
Maximum Building Height (Feet) 75
Future Land Use Designation Urban Residential Subdistrict
Zoning Map
Subject
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE SITE ANALYSIS
Page 41
Aerial
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE SITE ANALYSIS
Page 42
Flood Map
Subject
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE SITE ANALYSIS
Page 43
Site Photographs
Tamiami Trail North (U.S. 41) - Northerly
(Photo Taken on November 19, 2022)
Tamiami Trail North (U.S. 41) - Southerly
(Photo Taken on November 19, 2022)
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE SITE ANALYSIS
Page 44
Site Photographs
Typical Subject View – Northerly from City/Ashely Furniture
(Photo Taken on November 19, 2022)
Typical Subject View – Northerly from City/Ashely Furniture
(Photo Taken on November 19, 2022)
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE SITE ANALYSIS
Page 45
Site Photographs
Typical Subject View – Easterly from Tamiami Trail North (U.S. 41)
(Photo Taken on November 19, 2022)
Typical Subject View – Northeasterly from Tamiami Trail North (U.S. 41)
(Photo Taken on November 19, 2022)
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE SITE ANALYSIS
Page 46
Site Photographs
Typical Subject View – Southerly from Mercedes-Benz dealership
(Photo Taken on November 19, 2022)
Typical view along northern border with Mercedes-Benz dealership
(Photo Taken on November 19, 2022)
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE SITE ANALYSIS
Page 47
Site Photographs
Typical view of adjacent Mercedes-Benz dealership
(Photo Taken on November 19, 2022)
Typical view along southern border with City/Ashley Furniture
(Photo Taken on November 19, 2022)
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE REAL ESTATE TAXES AND ASSESSMENTS
Page 48
REAL ESTATE TAXES AND ASSESSMENTS
The real estate tax assessment of the subject is administered by Collier County. In 2008,
Florida voters amended the Constitution to give non-homestead property owners some
protection against increases in their annual property tax assessments. As amended, the
Florida Constitution now prohibits the assessment of certain non-homestead property
from increasing by more than 10% per year. The 10% cap applies to most types of
commercial property, including non-homestead residential property (i.e. apartments and
other rental property) and nonresidential property (i.e. commercial property and vacant
land). The cap was set to expire on January 1, 2019; however, in November 2018 Florida
voters amended the Constitution to make the cap permanent. The protection of the 10%
cap is lost when there is a change of ownership or control.
The property tax identification number and assessed value of the property for tax year
2022 are as follows:
ASSESSED VALUES
Tax Identification Number 00154600000
Land Assessed Value $2,108,304
Building Assessed Value $0
10% Assessment Cap -$554,781
Total Assessed Value $1,553,523
Totals
Total Land Assessed Value $2,108,304
Total Building Assessed Value $0
10% Assessment Cap -$554,781
Total Assessment $1,553,523
Total Assessment per Square Foot $14.74
Total Assessment per Land Acre $641,952
Rates, Taxes, More
Tax Rate 1.21%
Ad Valorem Tax Amount $18,729
Special Assessment Amount $0
Special Assessment Comments None
Total Tax Liability $18,729
Property Tax Comments The 2021 taxes have been paid. The School Board
millage is applied to the uncapped assessed value.
The 2022 taxes are due April 1, 2023.
The tax assessment for subject property is currently $14.74 per square foot, or $20.00 per
square foot excluding the assessment cap. Based on our valuation analysis, the subject’s
assessment appears low, but reasonable.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE HIGHEST AND BEST USE
Page 49
HIGHEST AND BEST USE
Highest and best use may be defined as:
The reasonably probable use of property that results in the highest value. The four
criteria the highest and best use must meet are legal permissibility, physical
possibility, financial feasibility, and maximum productivity. 1
▪ Physically possible for the land to accommodate the size and shape of t he
ideal improvement.
▪ Legally permissible under the zoning regulations, building codes,
environmental regulations, and other restrictions that apply to the site. A
property use that is either currently allowed or most probably allowable.
▪ Financially feasible to generate sufficient income to support the use.
▪ Maximally productive, or capable of producing the highest value from
among the permissible, possible, and financially feasible uses.
Highest and Best Use As Vacant
Physically Possible
The subject site is 2.42 acres or 105,415 square feet with 268± feet of frontage along
Tamiami Trail North (U.S. 41). The physical characteristics of the subject tract should
reasonably accommodate any use that is not restricted by its size.
The subject's utilities are typical and adequate for the market area. The site is trapezoidal
in shape.
The site is located in a FEMA flood zone AE with a portion in Zone X area per FEMA
Flood Map Number: 12021C 0191H, dated May 16, 2012, which is classified as a flood
hazard area.
There are no known physical reasons that would unusually restrict development. The site
is considered to have a functional utility suitable for a variety of uses.
Legally Permissible
The subject site is zoned General Commercial District (C-4), which permits uses
including all uses in C-1, C-2, and C-3 as well as large scale activity centers. Permitted
uses include: Accounting; automotive services; banks; business services; child day care;
churches; dry-cleaning; eating places; food stores; funeral services; gasoline service
stations; group care facilities; hardware stores; health services; laundry; medical and
dental laboratories; retail nurseries; and veterinary services; et al. Recognizing the
principle of conformity, we consider the prevailing land use patterns in the area.
Therefore, only commercial uses are given further consideration in determining the
highest and best use of the site, as if vacant.
1 The Dictionary of Real Estate Appraisal 7th ed. (Chicago: Appraisal Institute, 2022)
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE HIGHEST AND BEST USE
Page 50
Financially Feasible
Financial feasibility is an analysis of the ability of a property to generate sufficient
income to support the use, or a reasonable probability of producing a positive income
stream net of operating expenses, financial costs, and capital amortization.
Prior to the coronavirus pandemic, the residential market had stabilized after several
years of an expansion period, with sustained growth in demand and increasing
construction. Since the coronavirus pandemic, residential demand increased significantly
with record sales in 2020 and continued high demand but limited inventory in 2021.
Inventory shortages are expected to continue in 2022 with no surplus expected; however,
continued increases in interest rates will likely begin to decrease demand. New home
builders are facing similar obstacles with a lack of building supplies creating a backlog of
newly constructed homes. Prices continue to increase; however, the extended shortages,
increasing construction costs, and increasing interest rates may begin to temper demand.
Generally, the commercial market lags the residential market. Aside from some signs of
an upcoming decline, characterized by positive but falling demand with increasing
vacancy, the overall commercial market was projected to continue to increase at a
stabilized rate prior to the coronavirus outbreak. The significant residential demand since
the pandemic has generally stabilized the commercial market overall with an increased
demand and significant price increases for the industrial sector and select retail and office
properties.
On this basis, barring unforeseen changes in the market, a well-designed
commercial/retail/office product that is appropriately marketed and priced, should be
received favorably by the market.
Maximally Productive
The maximally productive land use yields the highest value of the possible uses.
Commercial development is the only use that meets the tests of physically possible,
legally permissible, and financially feasible. Therefore, commercial development is
concluded to be the maximally productive and highest and best use of the site.
Highest and Best Use as Improved
No improvements are situated on the site. Therefore, a highest and best analysis as
improved is not applicable.
Most Probable Buyer
Considering the size, class, and location of the property, the most probable buyer is an
owner-user or developer.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE VALUATION METHODOLOGY
Page 51
VALUATION METHODOLOGY
Three basic approaches may be used to arrive at an estimate of market value. They are:
1. The Cost Approach
2. The Sales Comparison Approach
3. The Income Approach
Cost Approach
The Cost Approach estimates the current cost to construct the existing structure including
an entrepreneurial incentive, depreciation, and the estimated land value. This approach is
particularly applicable when the improvements represent the highest and best use of the
land and are relatively new. It is also applicable when the property has unique or
specialized improvements for which there is little or no sales data from comparable
properties.
Sales Comparison Approach
The Sales Comparison Approach compares sales of similar properties with the subject
property. Each comparable sale is adjusted for its inferior or superior characteristics. The
values derived from the adjusted comparable sales form a range of value for the subject.
By process of correlation and analysis, a final indicated value is derived. This approach is
most reliable in an active market, and is least reliable when valuing a property for which
no direct comparable sales data is available.
Income Approach
The Income Approach converts the anticipated flow of future benefits (cash flows and
reversion) to a present value estimate through a capitalization and or a discounting
process. This approach generally reflects a typical investor’s perception of the
relationship between the potential income of a property and its market value.
Final Reconciliation
The appraisal process concludes with the Final Reconciliation of the values derived from
the approaches applied for a single estimate of market value. The reconciliation of the
approaches is based on an evaluation of the quant ity and quality of the available data in
each approach. Furthermore, different properties require different means of analysis and
lend themselves to one approach over the others.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE VALUATION METHODOLOGY
Page 52
ANALYSES APPLIED
A cost analysis was considered and was not developed because there are no
improvements that contribute value to the property.
A sales comparison analysis was considered and was developed because typically this is
the most appropriate approach for the valuation of vacant land. This approach is
applicable to the subject because there is an active market for similar properties and
sufficient sales data is available for analysis.
An income analysis was considered and was not developed because the subject is not
likely to generate rental income as vacant land.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE SALES COMPARISON APPROACH
Page 53
SALES COMPARISON APPROACH
The Sales Comparison Approach is based on the premise that a buyer would pay no more
for a specific property than the cost of obtaining a property with the same quality, utility,
and perceived benefits of ownership. It is based on the principles of supply and demand,
balance, substitution and externalities. The following steps describe the applied process
of the Sales Comparison Approach.
• The market in which the subject property competes is investigated; comparable
sales, contracts for sale and current offerings are reviewed.
• The most pertinent data is further analyzed and the quality of the transaction is
determined.
• The most meaningful unit of value for the subject property is determined.
• Each comparable sale is analyzed and where appropriate, adjusted to equate with
the subject property.
• The value indication of each comparable sale is analyzed and the data reconciled
for a final indication of value via the Sales Comparison Approach.
Land Comparables
I have researched four comparables for this analysis; these are documented on the
following pages followed by a location map and analysis grid. All sales have been
researched through numerous sources, inspected and verified by a party to the
transaction. For this analysis, we use the price per square foot as the appropriate unit of
comparison because market participants typically compare sale prices and property
values on this basis.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE SALES COMPARISON APPROACH
Page 54
Comp Address Date Price
Comp City Land SF Price Per SF
Subject Between 14250 and 14610 Tamiami Trail
North
11/19/2022
Subject Naples 105,415
1 28731 S Tamiami Trail 3/26/2022 $1,575,000
1 Bonita Springs 54,014 $29.16
2 6750 - 6770 Immokalee Road 3/15/2021 $5,000,000
2 Naples 225,827 $22.14
3 8677 Addison Place Dr 8/2/2022 $3,950,000
3 Naples 120,101 $32.89
4 5340 Immokalee Rd 12/27/2021 $3,800,000
4 Naples 77,868 $48.80
Gaspar Station PUD is located at the SWC of Immokalee Rd and Julien Blvd. across from the
Wal-Mart Supercenter. Chase Bank is located at the lighted intersection, and Ultimate Express
Car Wash is located adjacent to the subject lot. An ExtraSpace Storage is located behind the
subject as well as a TownePlace Suites by Marriott. Lot is partially filled with utilities, off-site
retention and preserve. There is a 30' wide access, drainage, and utility easement along the
southern border of the site and a 15' wide drainage easement along the western border. Site
has frontage and visibility along Immokalee with access from Useppa Way to the south.
Purchased by Germain Lexus, owner of adjacent 9.34 acre parcel they plan to develop with
Germain Lexus, relocating their North Naples dealership from the corner of US 41 North and
Wiggins Pass Road. Parcel is allocated 12,000 square feet of retail and services square footage.
According to Craig D. Timmins, CCIM, seller's agent, the property was not listed at the time
Germain approached to buy the property; however, they had received other offers.
Comments
Commercial parcel located along west side of Collier Blvd, north of signalized intersection of
Immokalee Rd and Collier Blvd. Parcel is zoned within the Commercial Mixed-Use (C/MU) area
of the Tree Farm MPUD. A max of 80,000/sf of commercial uses and 105,000/sf of indoor self-
storage uses may be constructed within the C/MU District. An Assignment of Development
Rights (OR 6161/2523) transfers the right to develop up to 38,000 square feet of commercial
uses on the subject parcel. The buyer cannot cause the PM peak traffic to exceed 580 peak
hour two-way trips. The parcel has a curb cut along Addison Place Drive. Parcel was listed for
sale for $4.5 million, ground lease, or build-to-suit. All infrastructure(water, sewer, electric) will
be brought to the site. Additionally, the parcel benefits from off site water retention.
Heavily treed parcel located along south side of Immokalee Road east of I75. Parcel has
frontage on Immokalee and Autumn Oaks Lane to the south. CPUD allows for a maximum
gross floor area of 40,000 SF with access from Immokalee Rd. Property was listed for $5.5
Million and includes building plans and permits.
The subject is located on the east side of S. Tamiami Trail just north of the Lee/Collier County
Line. According to the recorded plat there is a 40' ingress/egress easement road running along
the eastern border of the site that is improved with an access road. Additionally, there is a 20'±
Utility Easement running along the western border of the site. There are no curb cuts into the
subject site from S. Tamiami Trail. Access is provided from the south by the lighted
intersection of S. Tamiami Trail and Wake Fern Drive to a 40' ingress/egress access road
running along the eastern border of the site. The road continues north to Bonita Crossings
Boulevard which intersects with S. Tamiami Trail and provides a secondary access to the
subject from the north. Excluding the 40' ingress/egress easement, the usable area is
approximately 1.03 acres. Purchased for development of a Tommy's Express Car Wash.
Property was listed for $1,728,500.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE SALES COMPARISON APPROACH
Page 55
Comparables Map
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE SALES COMPARISON APPROACH
Page 56
Analysis Grid
The above sales have been analyzed and compared with the subject property. I have
considered adjustments in the areas of:
Effective Sale Price
This takes into consideration unusual conditions involved in the
sale that could affect the sales price, such as excess land, non-
realty components, commissions, or other similar factors.
Usually the sale price is adjusted for this prior to comparison to
the subject.
Real Property Rights Property rights dissimilar to the subject which affect value.
Financing Terms
Favorable or unfavorable seller financing, or assumption of
existing financing.
Conditions of Sale
Circumstances that atypically motivate the buyer or seller, such
as 1031 exchange transaction, assemblage, or forced sale.
Market Conditions Inflation or deflation since sale date due to economic influences
Location Market or submarket area influences on sale price; surrounding
land use influences.
Physical Characteristics Attributes such as size, shape, utilities, frontage, zoning, etc.
On the following page is a sales comparison grid displaying the subject property, the
comparables and the adjustments applied.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE SALES COMPARISON APPROACH
Page 57
Name
Address
City
Date
Price
Land SF
Land SF Unit Price
Property Rights Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%
Financing
Private
financing 0.0%Conventional 0.0%Conventional 0.0%
Cash to
seller 0.0%
Conditions of Sale Arm's Length 0.0%Arm's Length 0.0%Arm's Length 0.0%
Arm's
Length -10.0%
Market Trends Through 11/19/2022 10.0%
Location
% Adjustment
$ Adjustment
Land SF
% Adjustment
$ Adjustment
Topography
% Adjustment
$ Adjustment
Shape
% Adjustment
$ Adjustment
Zoning
% Adjustment
$ Adjustment
Flood Zone
% Adjustment
$ Adjustment
Net Adjustments
Gross Adjustments
5.0%
$28.59
-30.0%
30.0%
$32.58 $33.48$33.84
0%0%
2.9%
-$2.39$0.00
$0.00
0%
Zone AH
0.0%
25.0%0.0%
10.0%
Adjusted Land SF Unit Price
0%
Zone AH
C-4
AE with a portion in
Zone X
$0.00
0%
$0.00
Wooded and below
grade
225,827
$2.60
$0.00
Rectangular MOL with
easement
Rectangular
Zone AE
0%
$0.00
Trapezoid
$0.00 $0.00
0%
105,415
$0.00
10%
6.4%
$0.00
54,014
-10%
Similar
17.4%
$25.99
0%
Adjusted Land SF Unit Price $31.03
Average Similar
$22.14
Fee Simple
Transaction Adjustments
Adjusted Land SF Unit Price $29.16 $32.89
Naples
Between 14250 and
14610 Tamiami Trail
North
6750 - 6770 Immokalee Road
NaplesNaples
$32.89
120,101
8677 Addison Place Dr
54,014
8/2/2022
$3,950,000$1,575,000
105,415
$29.16
225,827
Bonita Springs
Tommy's Express Car
Wash
Southbrooke CPUD
28731 S Tamiami Trail
Comp 2
$22.14
Veterans Memorial Blvd
Ext - Parcel 101 FEE
Land Analysis Grid Comp 1 Comp 4
5340 Immokalee Rd
Tree Farm Tract E
Comp 3
Similar
0%
Wooded
$4.65
-$3.10
CC - Community
Commercial District
15%
CPUD
$0.00
$0.00
Tree Farm MPUD
$33.84
120,101
0%0%
Wooded and below
grade
0%
$0.00
0%
77,868
Superior
0%
-$4.78
Heavily Treed
$0.00
$0.00
Rectangular MOL
-$2.39
-10%0%0%
Gaspar Station PUD
Germain Lexus
$43.92
8.9%
$3,800,000
Naples
12/27/2021
Zone X
77,868
Level and filled
-5%
$48.80
-10%
-$4.78
Rectangular
$0.00
0%
$0.00
3/15/202111/19/2022 3/26/2022
$5,000,000
10.0%
-5%
$47.84
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE SALES COMPARISON APPROACH
Page 58
Comparable Land Sale Adjustments
Property Rights
All of the comparables transferred in fee simple interest; therefore, no adjustments for
property rights are required.
Financing
All of the comparable sales had market orientated financing or were cash transactions;
therefore, no adjustments for financing are required.
Conditions of Sale
All four comparables are arm’s length transactions. Comparable 4 was purchased by the
adjacent property owner and is adjusted downward for the above market motivation.
Economic Trends
The following graph developed from CoStar shows all commercial land sales, excluding
outliers, in Collier County less than 10 acres since January 2021.
The survey included 69 transactions. Prices per square foot ranged from $5.16 to $55.54
per square foot and averaged $20.83 per square foot. The graph indicates an increasing
trend in sales prices from January 2021 through the current date. However, it is noted this
is unadjusted raw data and does not relate directly to the subject.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE SALES COMPARISON APPROACH
Page 59
The analyses and value opinion in this appraisal are based on the data available to the
appraiser at the time of the assignment and apply only as of the effective date indicated.
No analyses or opinions contained in this appraisal should be construed as predictions of
future market conditions or value. The significant residential demand since the pandemic
has generally stabilized the commercial market overall with an increased demand and
significant price increases for the industrial sector and select retail and office properties.
Based on the previous analysis and considering the increased demand for commercial
land, we have applied a 10.0% annual adjustment.
Location
The following table summarizes the population growth and average household income
within a three mile radius and the CoStar retail and office market areas statistics within a
two mile radius.
Subject Comp 1 Comp 2 Comp 3 Comp 4
Address Between 14250 and 14610
Tamiami Trail North
28731 S Tamiami
Trail
6750 - 6770
Immokalee Road
8677 Addison Place
Dr
5340 Immokalee
Rd
City Naples Bonita Springs Naples Naples Naples
2022 Population 41,767 40,969 54,775 37,077 48,575
2027 Population 42,732 42,026 56,768 39,373 49,513
% Change 2.31%2.58%3.64%6.19%1.93%
Avg Household Income $134,292 $125,291 $145,422 $149,348 $143,717
Total Retail SF 2,259,174 2,858,964 842,532 646,480 1,228,255
Average Rental Rates (Net)$24.06 $22.01 $27.14 $27.44 $27.82
Average Vacancy Rate 5.0%4.2%0.8%3.1%8.2%
Total Office SF 623,880 1,370,245 348,651 43,043 536,399
Average Rental Rates (Gross)$27.49 $23.84 $30.79 $30.22 $30.23
Average Vacancy Rate 1.4%6.0%6.7%0.0%5.0%
Traffic Count 43,309 43,309 48,644 35,776 45,988
U.S. 41 U.S. 41 Immokalee Rd Collier Blvd S. of
Immokalee Rd
Immokalee
Rd
Source: STDB Online and Department of Transportation
Locational Adjustment - Site to Do Business (3 Mile Radius)
CoStar Commercial Analysis (2 mile radius)
The subject is located along Tamiami Trail North (U.S. 41) just south of the Lee County
border in North Naples.
Comparable 1 is located north of the subject along South Tamiami Trail (U.S. 41) in
Bonita Springs (Lee County).
Comparables 2 and 4 are both located along the Immokalee Road corridor in North
Naples. Comparable 3 is located within the northwest quadrant of Collier Boulevard and
Immokalee Road near the border of North Naples and Urban Estates.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE SALES COMPARISON APPROACH
Page 60
As shown, Comparable 3 has the lowest surrounding population base near the border of
North Naples and Urban Estates; however, it is in a growing area with the highest
projected growth rate. It also has the highest surrounding household income level.
Comparable 1 has the lowest surrounding household income level. The subject has the
second lowest.
The average rental rates follow a similar trend to household income levels with
Comparable 1 having the lowest surrounding rental rates (both for retail and office space)
and the subject having the second lowest. The subject and Comparable 1 are located in
the largest retail submarkets along the U.S. 41 corridor. The subject is located in a
smaller office submarket in comparison to the dataset. Comparable 1 is located in the
largest office submarket with several large office developments within the two mile
radius.
The subject and Comparable 1 have similar traffic count exposure along Tamiami Trail
(U.S. 41). Comparables 2 and 4 also have similar exposure along the Immokalee Road
corridor. Comparable 3 is located north of Immokalee Road along Collier Boulevard.
Immokalee Road terminates just north of Immokalee Road; therefore, the traffic counts
are minimal north of Immokalee Road. The amount shown are the counts south of
Immokalee Road.
The subject will be accessed directly from Tamiami Trail (U.S. 41).
Access to Comparable 1 is provided from a 40' ingress/egress access road running along
the eastern border of the site. Comparable 2 will be accessed directly from Immokalee
Road. Comparable 3 will be accessed from Addison Place Drive and Comparable 4 is
accessed from Useppa Way. Comparable 4 is located at the southwest corner of
Immokalee Rd and Julien Blvd. across from the Wal-Mart Supercenter and in front of an
ExtraSpace Storage and TownePlace Suites by Marriott.
Comparables 1, 2, and 3 are considered to have offsetting positive and negative locational
attributes. Comparable 4 is adjusted downward for its superior location.
Size
Size and price per square foot are typically inversely related; therefore comparable 2 is
adjusted upward for its larger size while comparables 1 and 4 are adjusted downward for
their smaller sizes accordingly.
It is also noted that Comparables 3 and 4 also both benefit from offsite water retention.
This is considered in the final reconciliation.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE SALES COMPARISON APPROACH
Page 61
Topography
The subject is wooded and below grade. Comparables 1, 2 and 3 are also wooded and
near grade or below grade. All three are considered relatively similar overall.
Comparable 4 is level and filled. It is adjusted downward accordingly.
Configuration
The subject is trapezoidal in shape while the comparables are all rectangular more or less.
No adjustments could be supported; therefore, none are made.
There is a 40' ingress/egress easement road running along the eastern border of
Comparable 1 that is improved with an access road. The usable area is approximately
1.03 acres or 44,867 square feet. An adjustment is made to account for the ingress/egress
easement which encumbers approximately 17% of the site.
Zoning
All of the comparables are relatively similar in terms of zoning; therefore, no adjustments
are required.
Flood Zone
The subject is located within Flood Zone AE with a portion in Flood Zone X.
Comparables 1, 2, and 3 are also located within Flood Zone AE or AH; therefore, no
adjustments are required. Comparable 4 is adjusted upward for its superior location in
Flood Zone X.
Sales Comparison Approach Conclusion
Finally, I consider the sale of Two Lakes Commercial Condominium Units 200+300, two
adjacent land condominium units containing a total of approximately 5.02 acres located
north of the subject at 15150 Tamiami Trail North. The parcel is two of four land
condominium units within the Two Lakes Plaza PUD. Unit 100 is developed with Kane’s
Furniture store and Unit 400 is developed with Summit Church. It was purchased in
November 2021 for $5,218,000 or $23.86 per square foot. Construction is underway on a
241,071-square-foot, four-story community, with a total of 206-units, including 166
independent and assisted living units and 40 memory care units. It is noted this is a
significantly larger site than the subject and was originally planned for two separate
users.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE SALES COMPARISON APPROACH
Page 62
All of the value indications have been considered. Comparable 1 is located within closest
proximity of the subject along the U.S. 41 corridor. Comparable 3 has the lowest net and
gross adjustments and is the most recent value indication. Finally, as noted Comparables
3 and 4 both benefit from offsite water retention.
Comparables 1 and 3, have been given most weight in arriving at my final reconciled per
square foot value of $32.50.
4 % Δ
29.13%
-30.66%
-3.38%
Low:
Number of Comparables:Unadjusted Adjusted
$28.59
$33.84
$32.12
$48.80
$33.25
$22.14
Subject Size:
High:
Average:
Reconciled Final Value:
Reconciled Value/Unit Value:
Indicated Value:
$32.50
105,415
$3,425,994
$3,430,000
Land Value Ranges & Reconciled Values
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE RECONCILIATION
Page 63
RECONCILIATION
The process of reconciliation involves the analysis of each approach to value. The
quantity and quality of data applied the significance of each approach as it relates to
market behavior and defensibility of each approach are considered and weighed. Finally,
each is considered separately and comparatively with each other. As discussed
previously, we use only the sales comparison approach in developing an opinion of value
for the subject. The cost and income approaches are not applicable, and are not used.
FINAL VALUE CONCLUSION
Based on the data and analyses developed in this appraisal, I have reconciled to the
following value conclusion(s), as of November 19, 2022, subject to the Limiting
Conditions and Assumptions of this appraisal.
VALUE CONCLUSIONS
Appraisal Premise Interest Appraised Date of Value Value Conclusion
Market Value, As Is Fee Simple November 19, 2022 $3,430,000
The value conclusion(s) are subject to the following hypothetical conditions and extraordinary
conditions. These conditions may affect the assignment results.
Hypothetical Conditions: None.
Extraordinary Assumptions: None.
Exposure and Marketing Times
Exposure time is always presumed to precede the effective date of the appraisal and is the
length of time the subject property would have been exposed for sale in the market had it
sold on the effective valuation date at the concluded market value. Marketing time is an
estimate of the amount of time it might take to sell a property at the estimated market
value immediately following the effective date of value.
Based on our review of recent sales transactions for similar properties and our analysis of
supply and demand in the local market it is our opinion that the probable marketing and
exposure time for the property is 12 months.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE CERTIFICATION
Page 64
CERTIFICATION
I certify that, to the best of my knowledge and belief:
1. The statements of fact contained in this report are true and correct.
2. The reported analyses, opinions and conclusions are limited only by the reported
assumptions and limiting conditions, and are my personal, unbiased professional
analyses, opinions and conclusions.
3. I have no present or prospective interest in the property that is the subject of this
report, and have no personal interest with respect to the parties involved.
4. I have no bias with respect to the property that is the subject of this report or to the
parties involved with this assignment.
5. Our engagement in this assignment was not contingent upon developing or
reporting predetermined results.
6. Our compensation for completing this assignment is not contingent upon the
development or reporting of a predetermined value or direction in value that favors
the cause of the client, the amount of the value opinion, the attainment of a
stipulated result, or the occurrence of a subsequent event directly related to the
intended use of this appraisal.
7. The reported analyses, opinions, and conclusions were developed, and this report
has been prepared, in conformity with the requirements of the Code of Professional
Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute.
8. My reported analyses, opinions, and conclusions were developed, and this report
has been prepared, in conformity with the Uniform Standards of Professional
Appraisal Practice
9. The use of this report is subject to the requirements of the Appraisal Institute
relating to review by its duly authorized representatives.
10. Rachel M. Zucchi, MAI, CCIM has made an inspection of the subject property.
11. No one provided significant real property appraisal assistance to the person signing
this certification.
12. We have experience in appraising properties similar to the subject and are in
compliance with the Competency Rule of USPAP.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE
Page 65
13. This appraisal is not based on a requested minimum valuation, a specific valuation,
or the approval of a loan.
14. We have not relied on unsupported conclusions relating to characteristics such as
race, color, religion, national origin, gender, marital status, familial status, age,
receipt of public assistance income, handicap, or an unsupported conclusion that
homogeneity of such characteristics is necessary to maximize value.
15. Rachel M. Zucchi, MAI, CCIM has not performed any services, as an appraiser or
in any other capacity, regarding the property that is the subject of this report within
the three-year period immediately preceding acceptance of this assignment.
16. As of the date of this report, Rachel M. Zucchi, MAI, CCIM has completed the
continuing education program for Designated Members of the Appraisal Institute.
Rachel M. Zucchi, MAI, CCIM
Florida State-Certified General Real Estate Appraiser RZ2984
rzucchi@rklac.com; Phone 239-596-0801
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE ASSUMPTIONS AND LIMITING CONDITIONS
Page 66
ASSUMPTIONS AND LIMITING CONDITIONS
This appraisal is based on the following assumptions, except as otherwise noted in the
report.
1. The title is marketable and free and clear of all liens, encumbrances,
encroachments, easements and restrictions. The property is under responsible
ownership and competent management and is available for its highest and best
use.
2. There are no existing judgments or pending or threatened litigation that could
affect the value of the property.
3. There are no hidden or undisclosed conditions of the land or of the improvements
that would render the property more or less valuable. Furthermore, there is no
asbestos in the property.
4. The revenue stamps placed on any deed referenced herein to indicate the sale
price are in correct relation to the actual dollar amount of the transaction.
5. The property is in compliance with all applicable building, environmental, zoning,
and other federal, state and local laws, regulations and codes.
6. The information furnished by others is believed to be reliable, but no warranty is
given for its accuracy.
This appraisal is subject to the following limiting conditions, except as otherwise
noted in the report.
1. An appraisal is inherently subjective and represents our opinion as to the value of
the property appraised.
2. The conclusions stated in our appraisal apply only as of the effective date of the
appraisal, and no representation is made as to the effect of subsequent events.
3. No changes in any federal, state or local laws, regulations or codes (including,
without limitation, the Internal Revenue Code) are anticipated.
4. No environmental impact studies were either requested or made in conjunction
with this appraisal, and we reserve the right to revise or rescind any of the value
opinions based upon any subsequent environmental impact studies. If any
environmental impact statement is required by law, the appraisal assumes that
such statement will be favorable and will be approved by the appropriate
regulatory bodies.
5. Unless otherwise agreed to in writing, we are not required to give testimony,
respond to any subpoena or attend any court, governmental or other hearing with
reference to the property without compensation relative to such additional
employment.
6. We have made no survey of the property and assume no responsibility in
connection with such matters. Any sketch or survey of the property included in
this report is for illustrative purposes only and should not be considered to be
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE ASSUMPTIONS AND LIMITING CONDITIONS
Page 67
scaled accurately for size. The appraisal covers the property as described in this
report, and the areas and dimensions set forth are assumed to be correct.
7. No opinion is expressed as to the value of subsurface oil, gas or mineral rights, if
any, and we have assumed that the property is not subject to surface entry for the
exploration or removal of such materials, unless otherwise noted in our appraisal.
8. We accept no responsibility for considerations requiring expertise in other fields.
Such considerations include, but are not limited to, legal descriptions and other
legal matters such as legal title, geologic considerations such as soils and seismic
stability, and civil, mechanical, electrical, structural and other engineering and
environmental matters.
9. The distribution of the total valuation in the report between land and
improvements applies only under the reported highest and best use of the
property. The allocations of value for land and improvements must not be used in
conjunction with any other appraisal and are invalid if so used. The appraisal
report shall be considered only in its entirety. No part of the appraisal report shall
be utilized separately or out of context.
10. Neither all nor any part of the contents of this report (especially any conclusions
as to value, the identity of the appraisers, or any reference to the Appraisal
Institute) shall be disseminated through advertising media, public relations media,
news media or any other means of communication (including without limitation
prospectuses, private offering memoranda and other offering material provided to
prospective investors) without the prior written consent of the person signing the
report.
11. Information, estimates and opinions contained in the report, obtained from third-
party sources are assumed to be reliable and have not been independently verified.
12. Any income and expense estimates contained in the appraisal report are used only
for the purpose of estimating value and do not constitute predictions of future
operating results.
13. If the property is subject to one or more leases, any estimate of residual value
contained in the appraisal may be particularly affected by significant changes in
the condition of the economy, of the real estate industry, or of the appraised
property at the time these leases expire or otherwise terminate.
14. No consideration has been given to personal property located on the premises or
to the cost of moving or relocating such personal property; only the real property
has been considered.
15. The current purchasing power of the dollar is the basis for the value stated in our
appraisal; we have assumed that no extreme fluctuations in economic cycles will
occur.
16. The value found herein is subject to these and to any other assumptions or
conditions set forth in the body of this report but which may have been omitted
from this list of Assumptions and Limiting Conditions.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE ASSUMPTIONS AND LIMITING CONDITIONS
Page 68
17. The analyses contained in the report necessarily incorporate numerous estimates
and assumptions regarding property performance, general and local business and
economic conditions, the absence of material changes in the competitive
environment and other matters. Some estimates or assumptions, however,
inevitably will not materialize, and unanticipated events and circumstances may
occur; therefore, actual results achieved during the period covered by our analysis
will vary from our estimates, and the variations may be material.
18. The Americans with Disabilities Act (ADA) became effective January 26, 1992.
We have not made a specific survey or analysis of any property to determine
whether the physical aspects of the improvements meet the ADA accessibility
guidelines. In as much as compliance matches each owner’s financial ability with
the cost to cure the non-conforming physical characteristics of a property, we
cannot comment on compliance to ADA. Given that compliance can change with
each owner’s financial ability to cure non-accessibility, the value of the subject
does not consider possible non-compliance. A specific study of both the owner’s
financial ability and the cost to cure any deficiencies would be needed for the
Department of Justice to determine compliance.
19. The appraisal report is prepared for the exclusive benefit of the Client, its
subsidiaries and/or affiliates. It may not be used or relied upon by any other party.
All parties who use or rely upon any information in the report without our written
consent do so at their own risk.
20. No studies have been provided to us indicating the presence or absence of
hazardous materials on the subject property or in the improvements, and our
valuation is predicated upon the assumption that the subject property is free and
clear of any environment hazards including, without limitation, hazardous wastes,
toxic substances and mold. No representations or warranties are made regarding
the environmental condition of the subject property and the person signing the
report shall not be responsible for any such environmental conditions that do exist
or for any engineering or testing that might be required to discover whether such
conditions exist. Because we are not experts in the field of environmental
conditions, the appraisal report cannot be considered as an environmental
assessment of the subject property.
21. The person signing the report may have reviewed available flood maps and may
have noted in the appraisal report whether the subject property is located in an
identified Special Flood Hazard Area. We are not qualified to detect such areas
and therefore do not guarantee such determinations. The presence of flood plain
areas and/or wetlands may affect the value of the property, and the value
conclusion is predicated on the assumption that wetlands are non-existent or
minimal.
22. RKL Appraisal and Consulting, PLC is not a building or environmental inspector.
RKL Appraisal and Consulting, PLC does not guarantee that the subject property
is free of defects or environmental problems. Mold may be present in the subject
property and a professional inspection is recommended.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE ASSUMPTIONS AND LIMITING CONDITIONS
Page 69
23. The appraisal report and value conclusion for an appraisal assumes the
satisfactory completion of construction, repairs or alterations in a workmanlike
manner.
24. The intended use of the appraisal is stated in the General Information section of
the report. The use of the appraisal report by anyone other than the Client is
prohibited except as otherwise provided. Accordingly, the appraisal report is
addressed to and shall be solely for the Client’s use and benefit unless we provide
our prior written consent. We expressly reserve the unrestricted right to withhold
our consent to your disclosure of the appraisal report (or any part thereof
including, without limitation, conclusions of value and our identity), to any third
parties. Stated again for clarification, unless our prior written consent is obtained,
no third party may rely on the appraisal report (even if their reliance was
foreseeable).
25. All prospective value estimates presented in this report are estimates and forecasts
which are prospective in nature and are subject to considerable risk and
uncertainty. In addition to the contingencies noted in the preceding paragraph,
several events may occur that could substantially alter the outcome of our
estimates such as, but not limited to changes in the economy, interest rates, and
capitalization rates, behavior of consumers, investors and lenders, fire and other
physical destruction, changes in title or conveyances of easements and deed
restrictions, etc. It is assumed that conditions reasonably foreseeable at the present
time are consistent or similar with the future.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE ADDENDA - APPRAISER QUALIFICATIONS
ADDENDA
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE ADDENDUM A - APPRAISER QUALIFICATIONS
ADDENDUM A
APPRAISER QUALIFICATIONS
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE ADDENDUM A - APPRAISER QUALIFICATIONS
4500 Executive Drive, Suite 230
Naples, FL 34119-8908
Phone: 239-596-0800
www.rklac.com
RKL Appraisal and Consulting, PLC
COMPANY PROFILE:
RKL Appraisal and Consulting, PLC was founded in 2009 by three designated Members
of the Appraisal Institute. It is our mission to maximize our combined appraisal
experience to provide our clients with the highest quality of Real Estate Appraisal and
Consulting Services.
Rachel M. Zucchi, MAI, CCIM K.C. Lowry, MAI, CPA Louis C. Bobbitt, MAI
Partner / Managing Director Partner Senior Partner (Retired)
rzucchi@rklac.com klowry@rklac.com lbobbitt@rklac.com
BUSINESS FOCUS:
Practice is focused on community/neighborhood shopping centers, retail and office
buildings, industrial warehouse/distribution buildings, residential and commercial
condominium and subdivision projects, hotels and motels, vacant land and special
purpose properties. Specialized services include appraisal review, business valuations,
market feasibility studies, acquisition/disposition counseling, and litigation support in
connection with real estate transactions including bankruptcy, eminent domain, estate
valuations, and matrimonial and equitable distribution. Clients served include banks and
financial institutions, developers and investors, law firms, government, and property
owners.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE ADDENDUM A - APPRAISER QUALIFICATIONS
PROFESSIONAL QUALIFICATIONS OF
Rachel M. Zucchi, MAI, CCIM
EXPERIENCE: Partner / Managing Director of RKL Appraisal and Consulting, PLC
Naples, FL (2009 – Present)
President of D&R Realty Group, Inc.
Naples, FL (2009 – Present)
Senior Real Estate Analyst, Integra Realty Resources – Southwest Florida
Naples, FL (2003 – 2009)
Research Associate, Integra Realty Resources – Southwest Florida
Naples, FL (2002-2003)
PROFESSIONAL
ACTIVITIES:
Member:
President:
VP/Secretary/Treasurer:
Region X Representative:
Board of Directors:
Government. Relations:
Prof. Standards & Guidance:
LDAC Attendee:
Member:
Member:
Licensed:
Licensed:
Appraisal Institute – MAI Certificate Number 451177
Appraisal Institute Florida Gulf Coast Chapter (2020)
Appraisal Institute Florida Gulf Coast Chapter (2017 - 2019)
Appraisal Institute Florida Gulf Coast Chapter (2017 - 2022)
Appraisal Institute Florida Gulf Coast Chapter (2015 - 2021)
Appraisal Institute National Committee (2022)
Appraisal Institute National Committee (2023)
Leadership Development & Advisory Council
Appraisal Institute - Washington, D.C. (2016, 2017, 2018)
CCIM Institute - CCIM Designation Pin Number 21042
Naples Area Board of REALTORS
Florida State Certified General Real Estate Appraiser
License No. RZ 2984
Real Estate Broker (Florida)
License No. BK3077672
EXPERT WITNESS: Qualified as an expert witness in the Twentieth Judicial Circuit Court of Collier County
and Lee County
EDUCATION: Bachelor of Arts, Major in Economics
Florida Gulf Coast University, 2002
Graduated Magna Cum Laude
Presented at Eastern Economic Association Conference
Successfully completed real estate and valuation courses and seminars sponsored by the
Appraisal Institute and others.
BUSINESS FOCUS: Actively engaged in real estate valuation and consulting since 2003. Practice is focused on
community/neighborhood shopping centers, retail and office buildings, industrial
warehouse/distribution, multi-family and single-family subdivisions, condominium
developments, hotels/motels, vacant land and special purpose properties. Specialized
services include market feasibility studies and litigation support in connection with real estate
transactions. Clients served include banks and financial institutions, developers and investors,
law firms, government, and property owners. Valuations have been performed for eminent
domain, bankruptcy, estate, matrimonial/equitable distribution, financing, and due diligence
support.
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE ADDENDUM A - APPRAISER QUALIFICATIONS
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE ADDENDUM B - PROPERTY INFORMATION
ADDENDUM B
PROPERTY INFORMATION
$ 0
$ 2,108,304
$ 0
$ 2,108,304
$ 554,781
$ 1,553,523
$ 2,108,304
$ 1,553,523
Collier County Proper ty AppraiserProperty Summar y
Parcel No 00154600000 SiteAddress*Disclaimer Site City NAPLES Site Zone*Note 34110
Name / Address A L DOUGHERTY CO INC
C/O DOUGHERTY GROUP
1385 WARREN AVE STE B
City DOWNERS GROVE State IL Zip 60515-3466
Map No.Strap No.Section Township Range Acres *Estimated
3A16 000100 001 3A16 16 48 25 2.42
Legal 16 48 25 N 268.54FT OF NE1/4 LYING ELY OF US 41 LESS RW
Millage Area 143 Millage Rates *Calculations
Sub./Condo 100 - ACREAGE HEADER School Other Total
Use Code 10 - VACANT COMMERCIAL 4.459 6.0042 10.4632
Latest Sales Histor y
(Not all Sales are listed due to Confidentiality)
Date Book-Page Amount
01/12/75 610-1174
2022 Certified Tax Roll
(Subject to Change)
Land Value
(+) Improved Value
(=) Market Value
(-) 10% Cap
(=) Assessed Value
(=) School Taxable Value
(=) Taxable Value
If all Values shown above equal 0 this parcel was created after theFinal Tax Roll
Collier County Proper ty AppraiserProperty Detail
Parcel No 00154600000 SiteAddress*Disclaimer Site City NAPLES Site Zone*Note 34110
Name / Address A L DOUGHERTY CO INC
C/O DOUGHERTY GROUP
1385 WARREN AVE STE B
City DOWNERS GROVE State IL Zip 60515-3466
Permits (Provided for reference purposes only. *Full Disclaimer. )
TaxYr Issuer Permit #CO Date Tmp CO Final Bldg Type
Land
#Calc Code Units
10 SQUARE FOOT 105415.2
Building/Extra Features
#YearBuilt Description Area AdjArea
VETERANS MEMORIAL BLVD EXT - PARCEL 101 FEE ADDENDUM C - COMPARABLE DATA
ADDENDUM C
COMPARABLE DATA
Land Sale No. 1
Property Identification
Record ID 1377
Property Type Commercial, Acreage
Property Name Tommy's Express Car Wash
Address 28731 S Tamiami Trail , Bonita Springs, Lee County, Florida
34134
Location 28731 S Tamiami Trail
Tax ID 04-48-25-B3-0140J.001A
Latitude 26°19'11.10"N
Longitude 81°48'16.77"W
MSA Bonita Springs
Market Type Suburban
Sale Data
Grantor Marsal Florida Properties, LLC
Grantee 28731 S Tamiami Trail RE, LLC
Sale Date March 26, 2022
Deed Book/Page 2022000180555
Property Rights Fee Simple
Land Sale No. 1 (Cont.)
Conditions of Sale Arm's Length
Financing Private financing
Verification Tom Woodyard; Woodyard & Associates; 239-425-6011,
November 18, 2022; Other sources: Listing Brochure,
Confirmed by Rachel Zucchi
Sale Price $1,575,000
Cash Equivalent $1,575,000
Land Data
Zoning CC - Community Commercial District, Commercial
Topography Wooded
Utilities All Public
Shape Rectangular MOL
Flood Info Zone AE
Depth 219
Land Size Information
Gross Land Size 1.240 Acres or 54,014 SF
Useable Land Size 1.030 Acres or 44,867 SF , 83.06%
Front Footage 253 ft Total Frontage: 253 ft S Tamiami Trail (US 41);
Indicators
Sale Price/Gross Acre $1,270,161
Sale Price/Gross SF $29.16
Sale Price/Useable Acre $1,529,119
Sale Price/Useable SF $35.10
Sale Price/Front Foot $6,225
Remarks
The subject is located on the east side of S. Tamiami Trail just north of the Lee/Collier County
Line. According to the recorded plat there is a 40' ingress/egress easement road running along the
eastern border of the site that is improved with an access road. Additionally, there is a 20'± Utility
Easement running along the western border of the site. There are no curb cuts into the subject site
from S. Tamiami Trail. Access is provided from the south by the lighted intersection of S.
Tamiami Trail and Wake Fern Drive to a 40' ingress/egress access road running along the eastern
border of the site. The road continues north to Bonita Crossings Boulevard which intersects with
S. Tamiami Trail and provides a secondary access to the subject from the north. Excluding the 40'
ingress/egress easement, the usable area is approximately 1.03 acres. Purchased for development
of a Tommy's Express Car Wash. Property was listed for $1,728,500.
Land Sale No. 2
Property Identification
Record ID 1138
Property Type Commercial, Acreage
Property Name Southbrooke CPUD
Address 6750 - 6770 Immokalee Road, Naples, Collier County, Florida
34119
Location SS Immokalee Rd
Tax ID 41933320007 + 41934920008
Latitude 26°16'19.83"N
Longitude 81°43'53.35"W
MSA North Naples
Market Type Suburban
Sale Data
Grantor Southbrooke Medical Office, LLC
Grantee 6750 Immokalee Medical, LLC
Sale Date March 15, 2021
Deed Book/Page 5918/1480
Land Sale No. 2 (Cont.)
Property Rights Fee Simple
Marketing Time 1 year
Conditions of Sale Arm's Length
Financing Conventional
Sale History None in previous 3 years
Verification David Bartley Sr; Bartley Realty LLLP; 239-261-1186, May 17,
2021; Other sources: Listing Brochure, Confirmed by Rachel
Zucchi
Sale Price $5,000,000
Cash Equivalent $5,000,000
Land Data
Zoning CPUD, Commercial
Topography Heavily Treed
Utilities All Public
Dimensions 660' x 342'
Shape Rectangular
Flood Info Zone AH
Depth 342
Land Size Information
Gross Land Size 5.184 Acres or 225,827 SF
Allowable Units 40,000
Front Footage 1,320 ft Total Frontage: 660 ft Immokalee Rd; 660 ft Autumn
Oaks Lane;
Actual/Planned Building SF 40,000
Indicators
Sale Price/Gross Acre $964,455
Sale Price/Gross SF $22.14
Sale Price/Allowable Unit $125
Sale Price/Front Foot $3,788
Sale Price/Planned Bldg. SF $125.00
Remarks
Heavily treed parcel located along south side of Immokalee Road east of I75. Parcel has frontage
on Immokalee and Autumn Oaks Lane to the south. CPUD allows for a maximum gross floor
area of 40,000 SF with access from Immokalee Rd. Property was listed for $5.5 Million and
included building plans and permits. Two medical office buildings are planned with asking prices
of $35.00/sf grey shell with a $25/sf TI allowance.
Land Sale No. 3
Property Identification
Record ID 1378
Property Type Commercial, Commercial site
Property Name Tree Farm Tract E
Address 8677 Addison Place Dr, Naples, Collier County, Florida 34119
Location NWQ Immokalee and Collier Blvd
Tax ID 77459000422
Latitude 26°16'29.96"N
Longitude 81°41'22.96"W
MSA Urban Estates
Market Type Suburban
Sale Data
Grantor TBC Tree Farm 1, LLC
Grantee LNMT Tree Farm II, LLC
Land Sale No. 3 (Cont.)
Sale Date August 02, 2022
Deed Book/Page 6161/2498
Property Rights Fee Simple
Conditions of Sale Arm's Length
Financing Conventional
Sale History None in previous 3 years
Verification Jonathan Kepple; Diversified Real Estate; 239-398-7791,
November 18, 2022; Other sources: Listing Brochure,
Confirmed by Rachel Zucchi
Sale Price $3,950,000
Cash Equivalent $3,950,000
Land Data
Zoning Tree Farm MPUD, MPUD
Topography Wooded and below grade
Utilities All public
Shape Rectangular MOL
Flood Info Zone AH
Depth 360
Land Size Information
Gross Land Size 2.757 Acres or 120,101 SF
Allowable Units 38,000
Front Footage 370 ft Total Frontage: 370 ft Collier Blvd;
Actual/Planned Building SF 38,000
Indicators
Sale Price/Gross Acre $1,432,644
Sale Price/Gross SF $32.89
Sale Price/Allowable Unit $104
Sale Price/Front Foot $10,676
Sale Price/Planned Bldg. SF $103.95
Remarks
Commercial parcel located along west side of Collier Blvd, north of signalized intersection of
Immokalee Rd and Collier Blvd. Parcel is zoned within the Commercial Mixed-Use (C/MU) area
of the Tree Farm MPUD. A max of 80,000/sf of commercial uses and 105,000/sf of indoor self-
storage uses may be constructed within the C/MU District. An Assignment of Development
Rights (OR 6161/2523) transfers the right to develop up to 38,000 square feet of commercial uses
on the subject parcel. The buyer cannot cause the PM peak traffic to exceed 580 peak hour two-
way trips. The parcel has a curb cut along Addison Place Drive. Parcel was listed for sale for $4.5
million, ground lease, or build-to-suit. All infrastructure(water, sewer, electric) will be brought to
the site. Additionally, the parcel benefits from off site water retention.
Land Sale No. 4
Property Identification
Record ID 1379
Property Type Retail, Outlot
Property Name Germain Lexus
Address 5340 Immokalee Rd, Naples, Collier County, Florida 34109
Location SWQ Immokalee Rd and Juliet Blvd
Tax ID 34595004040
Latitude 26°16'19.49"N
Longitude 81°44'57.40"W
MSA North Naples
Market Type Suburban
Sale Data
Grantor A. Grover Matheney, Individually and as Successor Trustee
Grantee Jaz Automotive Properties, LLC
Sale Date December 27, 2021
Deed Book/Page 6064/1993
Property Rights Fee Simple
Conditions of Sale Arm's Length
Financing Cash to seller
Land Sale No. 4 (Cont.)
Sale History None in previous 3 years
Verification Craig Timmins, CCIM; IPC; 239-261-3400, January 10, 2022;
John Garbo; Germain Properties of Naples Broker, Other
sources: Listing Brochure, Confirmed by Rachel Zucchi
Sale Price $3,800,000
Cash Equivalent $3,800,000
Land Data
Zoning Gaspar Station PUD, Commercial
Topography Level, filled
Utilities All public
Shape Rectangular
Flood Info Zone X
Depth 340
Land Size Information
Gross Land Size 1.788 Acres or 77,868 SF
Allowable Units 12,000
Front Footage 473 ft Total Frontage: 250 ft Immokalee Rd; 223 ft Useppa
Way;
Indicators
Sale Price/Gross Acre $2,125,751
Sale Price/Gross SF $48.80
Sale Price/Allowable Unit $317
Sale Price/Front Foot $8,034
Remarks
Gaspar Station PUD is located at the SWC of Immokalee Rd and Julien Blvd. across from the
Wal-Mart Supercenter. Chase Bank is located at the lighted intersection, and Ultimate Express
Car Wash is located adjacent to the subject lot. An ExtraSpace Storage is located behind the
subject as well as a TownePlace Suites by Marriott. Lot is partially filled with utilities, off-site
retention and preserve. There is a 30' wide access, drainage, and utility easement along the
southern border of the site and a 15' wide drainage easement along the western border. Site has
frontage and visibility along Immokalee with access from Useppa Way to the south. Purchased by
Germain Lexus, owner of adjacent 9.34 acre parcel they plan to develop with Germain Lexus,
relocating their North Naples dealership from the corner of US 41 North and Wiggins Pass Road.
Parcel is allocated 12,000 square feet of retail and services square footage. According to Craig D.
Timmins, CCIM, seller's agent, the property was not listed at the time Germain approached to
buy the property; however, they had received other offers.