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Agenda 04/11/2023 Item #10C (Transfer $30 million dollars to the State for the State Veterans' Nursing Home)10.0 04/ 11 /2023 EXECUTIVE SUMMARY Recommendation to direct the Clerk of the Circuit Court to timely transfer $30 million to the State of Florida pursuant to the terms of the Memorandum of Agreement and Escrow Agreement for the "State Veterans' Nursing Home" project using Infrastructure Sales Surtax Funding and authorize the necessary budget amendment (Fund No. 318). OBJECTIVE: To direct the Clerk of the Circuit Court to transfer $30 million (thirty million dollars) to the State for the State Veterans' Nursing Home Project. CONSIDERATIONS: The Board approved the commitment of $30 million Infrastructure Sales Surtax Funding to be used as matching funds for construction and development costs ("Project Costs") for the FDVA Nursing Home in Collier County. The County entered into the attached Memorandum of Agreement and Escrow Agreement with the Florida Department of Veterans Affairs (FDVA) to require the County to transfer $30 million to the State for the State to secure additional state and federal funds for the Project. Pursuant to the Agreement, the funds are required to be transferred into an interest -bearing Escrow Account with the State of Florida Department of Financial Services. The Board requests that the Clerk timely transfer the funds in compliance with the Agreement. The funds are required to be transferred to the State on or before May 1, 2023. FISCAL IMPACT: The Infrastructure Sales Tax Committee validated the project on January 12, 2023, agenda item 8.C. A budget amendment is needed in the amount of $30 million for the State Veteran's Nursing Home project 50112 from Reserves. The source of funding is the Infrastructure Sales Tax, Fund (318). GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - JAK RECOMMENDATION: To direct the Clerk to timely transfer $30 million for the "State Veterans' Nursing Home" project using Infrastructure Sales Surtax Funding and authorize the necessary budget amendment (Fund No. 318). Prepared by: Commissioner Burt L. Saunders, Commissioner, District 3 ATTACHMENT(S) 1. Agreement - FDVA & Collier County (PDF) Packet Pg. 64 10.0 04/ 11 /2023 COLLIER COUNTY Board of County Commissioners Item Number: 10.0 Doc ID: 24834 Item Summary: Recommendation to direct the Clerk of the Circuit Court to timely transfer $30 million to the State of Florida pursuant to the terms of the Memorandum of Agreement and Escrow Agreement for the "State Veterans' Nursing Home" project using Infrastructure Sales Surtax Funding and authorize the necessary budget amendment (Fund No. 318). Meeting Date: 04/11/2023 Prepared by: Title: Legal Assistant — County Attorney's Office Name: Wanda Rodriguez 03/02/2023 3:44 PM Submitted by: Title: Commissioner District 3 — Board of County Commissioners Name: Burt Saunders 03/02/2023 3:44 PM Approved By: Review: County Attorney's Office Office of Management and Budget Community & Human Services County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Debra Windsor Level 3 OMB Gatekeeper Review Maggie Lopez Additional Reviewer Wanda Rodriguez Additional Reviewer Office of Management and Budget Susan Usher Additional Reviewer County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 04/04/2023 4:14 PM Completed 04/05/2023 7:04 AM Completed 04/05/2023 2:21 PM Skipped 04/05/2023 3:09 PM Completed 04/05/2023 3:16 PM Completed 04/05/2023 4:14 PM 04/11 /2023 9:00 AM Packet Pg. 65 10.C.1 FLORIDA DEPARTMENT OF VETERANS' AFFAIRS COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS MEMORANDUM OF AGREEMENT . THIS MEMORANDUM OF AGREEMENT ("MOA"), made and entered into thisIt/A' day of 2023, by and between the State of Florida, Department of Veterans' Affairs `FFDVA" ;, and the Collier County Board of County Commissioners ("Collier County"), and shall become effective upon the full execution by the Parties. WITNESSETH WHEREAS, FDVA is planning to construct a Florida Department of Veterans' Affairs State Veterans' Nursing Home ("Project") on property that is presently owned by Collier County, if approved by the Florida Legislature through an appropriation in 2023 that enables the Project to proceed; and WHEREAS, the acreage to be developed will be a designated portion of land found within the parcel or parcels owned in fee simple absolute, legally described in the Warranty Deed (the "Golf Course Property"), Exhibit A, attached hereto and made a part hereof, and includesl65.08 acres. The GradyMinor Property Description and Sketch, Exhibit B (consisting of two pages), provides a tentative legal description and sketch for the Project in order to memorialize the intent of the parties, acknowledging that this MOA does not determine the final amount of acreage to be conveyed from Collier County to the State of Florida for this Project. The Exhibit B legal description for the Project remains to be calculated and surveyed during the design and engineering phase that may occur during 2023, 2024, and 2025; and. WHEREAS, the Collier County Board of County Commissioners ("Collier County") has pledged $30 million (thirty million dollars) in County funds to be used as matching funds for construction and development costs ("Project Costs") of the County -owned real estate proposed for donation to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (`BOTIITF"), if BOTIITF accepts such donation, with the intention that such real property is designated to become the next site for a State Veterans' Nursing Home in Collier County; and WHEREAS, given the timing of the Project and the deadlines to request State and Federal authorizations to go forward with the Project, the County is required to transfer the $30 million (thirty million dollars) to the State no later than May 1, 2023, and in accordance with the Three Party Escrow Agreement, Exhibit C, between the State of Florida, Department of Veterans' Affairs ("FDVA"),the Collier County Board of County Commissioners ("Collier BCC"), and State of Florida, Department of Financial Services, Division of Treasury ("DFS or Escrow Agent"), for purposes of demonstrating that FDVA has the required matching funds to qualify and be eligible for various State, Federal, and local government authorizations, approvals, and funding for the Project, including but not limited to the United States Department of Veterans Affairs; the State of Florida, Department of Environmental Protection, staff for the BOTIITF; the State of Florida, Agency for Health Care Administration; and local governmental entities including but not limited 001 At Packet Pg. 66 10.C.1 to Collier County, the City of Naples, and any other permitting authorities approving consistency with land use plans and other relevant matters, to preserve and protect the Project funds; and WHEREAS, FDVA and Collier County agree that unless and until there is a reasonable degree of certainty that the Project will proceed as planned, no conveyance of title to real property will occur and no construction funds will be requested or released. if the Project does not proceed for any reason due to inability to meet the conditions precedent and/or contingencies that may arise, FDVA and Collier County agree to approve the release of funds from the Escrow Account, minus any fees due, and plus any accrued interest, returning such funds to Collier County promptly and without delay, subject to the State of Florida Department of Financial Services Escrow Terms and Conditions; and NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. Cooperation between the parties. FDVA and Collier County agree that a high level of cooperation between FDVA and Collier County is required as an essential term of this MOA, that it will demand such as a multi -year Project; that matters of governmental succession are of paramount importance; and that "time is of the essence" since the subject matter of the MOA is development of a new State Veterans' Nursing Home that will serve Collier County by providing health care services for eligible Veterans in need of skilled nursing care, and will create new permanent jobs. Therefore, FDVA and Collier County agree to maintain a sense of urgency with each other and all members of the Project team as it develops over time, in order to accommodate the needs of the various parties working toward the successful accomplishment of the Project to develop a ninth State Veterans' Nursing Horne, anticipated to open in 2028. 2. Establishment of Escrow Account and Deposit. Collier County shall deposit $30 million (thirty million dollars) into an interest -bearing Escrow Account established hereunder for the purposes of the Project, on or before May 1, 2023. The Escrow Account will be opened pursuant to the Three Party Escrow Agreement, Exhibit C, that is referenced, incorporated and made a part of this agreement, to be executed by FDVA, Collier County, and DFS. Deposits will be delivered in accordance with instructions provided by the Escrow Agent. A wire transfer or ACH deposit is Collier County's preferred method of payment and should be used whenever possible. Such account will be an asset of FDVA to be used exclusively for the Project. FDVA and Collier County agree that this asset must remain undisturbed in the Escrow Account because it serves as the consideration required to qualify as matching funds in order to receive a grant from the Federal government. In addition, such Federal grant requires that funds be available to be appropriated to procure goods and services in furtherance of the construction because FDVA must first pay for the Project expenses, and later, apply for reimbursement of these expenditures after the work is completed. 3. Property Deed. Collier County has provided a copy of its currently recorded County Property Deed forthe Golf Course Property, Exhibit A, togetherwiththe tentative legal description and sketch depicting the estimated acreage for the Project area, Exhibit B, referenced, incorporated, and attached hereto, as part of this MOA. Other deposits to the Escrow Account may be made by Collier County during the life of this Agreement; however, no additional Collier CI4Y: Packet Pg. 67 10.C.1 County fiends beyond the $30 million (thirty million dollars) have been committed by the Board of County Commissioners as of the effective date of this Agreement. 4. Escrow Account Funds and Restrictions. Notwithstanding any prior written arrangement by the parties, FDVA's Director of Administration or designee, Collier County's Chairman of the Board of County Commissioners, and the DFS State Treasury Escrow Agent or designee, shall be the signatories on this Three Party Escrow Agreement. If, after the Florida Legislature appropriates funding for the Project, and all conditions precedent shall have been met so that the site suitability has been determined and other key authorizations have been received, FDVA will request funds from the Escrow Agent, in writing and using the correct Flair code, as verified with the Escrow Agent, to be transferred through a Journal Transfer to the appropriate FDVA Trust Fund, to be used as needed and in appropriate amounts to authorize work as directed by DMS through its Client Agency Agreement with FDVA, in order to have funds available in advance for payment of vendors/contractors for construction, development, and other various Project Costs. 5. Appropriations from the Florida Legislature. FDVA and Collier County acknowledge that this multi -year Project will require Fixed Capital Outlay appropriations (the full amount of the appropriations is provided during the initial year) to . complete all phases of the design and construction, to become a fully -operational State Veterans' Home. The State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. The appropriations will be requested as FIXED CAPITAL OUTLAY, STATE NURSING HOME FOR VETERANS —DMS MGD, construction is to be managed by the State of Florida Department of Managements Services ("DMS") under a separate agreement with FDVA. Appropriations are typically designated from Federal Grants Trust Fund and from Operations and Maintenance Trust Fund, statingfor example: "From the funds in Specific Appropriation Line XXX, the nonrecurring sum of $XXX from the Operations and Maintenance Trust Fund, and $XXX from the Federal Grants Trust Fund, are provided for the completion of the construction of the ninth State Veterans' Nursing Home in Collier County." 6. Disbursement. FDVA shall submit a written request to the Escrow Agent for disbursement of funds following Legislative approval of the appropriation(s) for the construction funds (expected in March 2025), which appropriations will be made to and managed by the State of Florida, Department of Management Services ("DMS") for all design, engineering, and construction purposes during all phases of the Project. The written request shall include a written notice to Collier County of disbursement of the funds. 7. Escrow Agent Responsibilities. The duties of the Escrow Agent are found in the Three - Party Agreement, Exhibit C. 8. Termination. If the Project moves forward as planned, termination of this MOA will occur after the opening of the State Veterans' Nursing Home in Collier County and completion of the post -closeout phase for Project # DVA22237500. Either party may terminate this MOA if the Project does not proceed for any reason, including the failure of the Florida Legislature or the United States Department of Veterans Affairs to approve the Project, or other suitability factors impacting the Donation acceptability, site design and/or engineering issues, or other issues, the timing of which cannot yet be determined, anticipated to be on or around November 2025 or possibly at a later date. If the Project does not proceed for any reason due to inability to meet the 003 CAC Packet Pg. 68 10.C.1 conditions precedent and/or contingencies that may arise, FDVA and Collier County agree to approve the release of funds from the Escrow Account, minus any fees due, and plus any accrued interest, returning such funds to Collier County promptly and without delay, subject to the State of Florida Department of Financial Services Escrow Terms and Conditions. FDVA and Collier County will confer frequently so that there are continuing conversations in accordance with paragraph 1. above. 9. Legal Matters. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 10. Severability. If any provision of this Escrow Agreement is declared void or unenforceable, the provisions shall be severed from this Agreement, the remainder of the Agreement shall otherwise remain in full force and effect, provided that the overall intent of the parties is not materially vitiated by such severability. IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s) below. STATE OF FLORIDA, DEPARTMENT BOARD OF COUNTY COMMISSIONERS OF VETERANS' AFFAIRS OF COLLIER COUNTY, FLORIDA Digitally signed Alfred r , This ' - {Staf Alfred (Al Date:2023.03.21 10:56:55-04'00' Date: FDVA LEGAL REVIEW: Approved as to form and legality: . ga4,2 + Andrew Benar eneral Counsel l 1 "F 1, Crystal K. K nzel, Clerk of;Cou in anrlkr Collier Caunty do hearty Mfy idol a abtye i t' ! a true aid correct copyf'' 'naf'fi diriC^'' pty;1710da By Deputy Clerk 4" r� Rick LoCastro, Chairman Date: 117c," cA tS 2023 ATTEST: CRYSTAL K. KINZEL, CLERK Attest as to Chairman s r, By. 3' signature only Deput�.l.'rk:. PrindName -~ Approved as t'o'form •and legality: &51b'Llleen M. Greene Managing Assistant County Attorney 004 Packet Pg. 69 10.C.1 EXHIBIT A O L Q. Warranty Deed E O x c .N L Z G O M Ef} L d C L le CO) co N C 7 O ci L O U 06 Q G U- c d d d L ai a d t a 005 Packet Pg. 70 10.C.1 INSrR 5746913 OR 5657 PG 3552 RECORDED 7/31/2019 5:30 PM PAGES 9 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $203,350.00 REC $78.00 INDX $1.00 CONS $29,050,000.00 PreEared without oninion ofti;le by: David N. Morrison Attorney at Law Quarles &Brady LLP 1395 Panther Lane, Suite 300 Naples, FL 34109 239.434-4911 Fite Number: 930538.00006 Parcel Identificahop(n Nos: Consideration: ffe.t1D 6060010 Above This Lino For Recording Warranty Deed (STATUTORY FORM • SFCT10N 689 02, F S.) This Indenture made as of this 31st day of July, 2019 between Robert Vocisano and Marlo Vocisano, a Florida general partnership known as Golden Gate Inn, whose address is 4100 Golden Gate Parkway, Naples, FL 34116, Grantors*, and The Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, whose address is 3335 Tamsaml Trail East, Naples, FL 34112, Grantees`, Witnesseth that Grantor, for and in consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) and other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida, to -wit: See attached Exhibit "A" Subject to the following exceptions: 1) ad valorem and non ad valorem real property taxes for the year 2019 and subsequent years; 2) zoning, building code and other use restrictions imposed by governmental authority; 3) outstanding oil, gas and mineral interests of record, if any; and 4) restrictions, reservations and easements common to the subdivision. Together with all tenements, heTedttaments and appurtenances thereto belonging or in anywise appertaining. To Have And To }fold the same in fee simple forever. And Grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons -whomsoever. • "Grantor" and 'Granrea^ ara usedfor seagular or plural, as conrexr requrres TEAS CONVEYARE ACCEPT IO BY UOA O pap CAUN y CWHISS1004. C4XLrER Ct?1tt17YORIBA, A7 ETt ,10AITE" W. DoubieTimO 006 Packet Pg. 71 10.C.1 OR 5657 PG 3553 t) d O L iZ Cd G O In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written. 2 Signed, sealed and delivered in our presence: •y L 3 •� Z (Seal) _ Witness #1 signature R ert 5 ocisano, a General Partner of Robert Vocisano and arlo Vocisano, a .Florida general partnership known as r Golden Gate inn d cola _ Witness #1 Printed Naive _ O 0 M ER Witness #2 Signature N _ el'fC rc (�d GSr4.ud 1= Witness #2 Printed Name M 00 Nit COUNTRY of Canada FNL PROVINCE of�___ t +r C 3 O The foregoing instrument was acknowledged before me this day of July, 2019 by Robert Vocisano, a General Partner U of Robert Vocisano and Mario Vocisano, a Florida general partnership known as Golden Bate Inn, who [,/j is personally d known or [ ] has produced as identification. — O U Q [Notary Seal] ArA6 Mari,. a D«mMisimar, atc• Notary Public 0 PMVh" olonbulo LL is8CmBWk*p81AUWgw dCampartyumx d EvkmNogmbat0,se2o Printed Name: h Jtiodkq y My Commission Expires: i 4 R%oV - a0a 0 E tU tU L a Wgrranly Deed (S1alulary Form) - Page 2 Double'rirne° r E a 007,: Packet Pg. 72 10.C.1 OR 5657 PG 3554 r v ar 0 L tZ d E 0 In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written. _ s= Signed, seated and delivered in our presence: N L Z Z * 4-�—j I/ y lc�(Seal) Witness #1 Signature �`� Mario Vocisano, a General Partner of Robert Vocisano and L Mario Vocisano, a Florida general partnership known as Golden Gate Inn > G`'/LfG 1/0�/Sp`f�f/ts ,0 Witness #1 Printed Name r- 0 0 W tness 42 Signature C CU F7no J >i Witness #2 Printed Name M 0 N r.+ COUNTRY of Canada� PROVINCE of l O U L The foregoing instrument was acknowledged before me this _3D day of July, 2019 by Mario Vocisano, a General Partner of p Robert Vocisano and Mario Vocisano, a Florida general partnership known as Golden Gate Inn, who Cris personally U known or [ ] has produced as identification. otl a Seal rMyk ha ro'" ommtsxla�r ete., Notary Public -- [Notary ] PRvkioawOMerb � fore" aWoar a a M.rro.r,w a Ca+varl t.t'aaa � �} R'C E+� Rwmber IV. gow Printed Name: ir.,,. y - ar My Commission Expires; /U0V — r%0A-0 Q Warranty Deed (Stamtory Fora) • Page 3 oos OoubleTlmem Packet Pg. 73 r c m E t v 2 r Q 10.C.1 OR 5657 PG 3555 opCOASTAL ENGINEERING CONSULTANTS cm INC. A CECI GROUP COMPANY G CI Grouo,Servioes Coastal and Marine Engineering E;nvllnmenlai and Geological Servlc" Land and Marine Survey and Mapping Webs te: www.aaastafenglneering,cnm GOLDEN GATE G04F COURSE CONVEYANCE TO COLLIER COUNTY PARCEL LEGAL DESCRIPTION TRACTS A AND B, GOLDEN GATE- UNIT 1, ACCORDING TO THE MAP OR PLATTHEREOF AS RECORDED IN PLAT BOOK 5, PAGES 60 TO 64, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND TRACT A, GOLDEN GATE- UNIT 8 PART 1, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGES 147 TO 151, AND TRACT A, GOLDEN GATE- UNIT 8 PART 2, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGES 103TO 112, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LESS AND EXCEPT PARCEL (1): BEGIN AT A POINT, CORNER NUMBER 1, 354,50 FEET SOUTH AND370.13 FEET EAST OF THE NORTHWEST CORNER Of TRACT "A" OF GOLDEN GATE SUBDIVISION, UNIT 8,PART 2, AS SHOWN ON A PLAT THEREOF RECOKOEO IN PLAT BOOK9,PAGES 107.112, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N. 0 DEGREES IT 04" W. 16.91 FEET TO CORNER NUMBER 2 ON THE EAST LINE OF AN ACCESS EASEMENT; THENCE RUN N.12 DEGREES 51' 43" E. 31.94 FEET ALONG SAID EASEMENT TO A POINT OF CURVATURE,THENCE RUN NORTHERLY ALONG THE ARC OF A CURVETO THE LEFT WHOSE RAOIUS IS 57MB FEET AND WHOSE CENTRAL ANGLE IS 7 DEGREES 47' 03", FOR AN ARC 015TANCE OF 78.51 FEET TO CORNER NUMBER 3; THENCE N. 89 DEGREES 44' 56" E. 89.59 FEET TO CORNER NUMBER 4; THENCE S, D DEGREES 15' 04" E. 116.40 FEET TO CORNER NUMBER $;THENCE S. 89 DEGREES 44' 56" W.98AS FEET TO CORNER NUMBER 6; THENCE S. 50 DEGREES 09' 46" W. 14.20 FEETTO CORNER NUMBER 1 AND THE POINT OF BEGINNING. AND ALSO LESS AND EXCEPT PARCEL (2): A PARCEL OF LAND IN COLLIER COUNTY, FLORIOA, MORE PARTICULARLY DESCRIBED AS FOLLOWS AND BEING A PART OF THE PLATOF TRACT A OF GOLDEN GATE UNIT8, PART2, AS RECORDED IN PLAT BOOK 9, PAGE 107-A, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCINGATTHE NORTHWEST CORNER OFTRACTAI THENCE RUNNING SOUTH A DISTANCE OF 649.27 FEET ALONG THE W EST BO UNOARY OF SAID TRACT A; THENCE RUNNING EAST B36,31 FEETTO A POINT, SAID POINT BEING ALSO DESCRIBED AS THE POINT OF BEGINNING; THENCE RUN NORTH 89' S4' 21" EAST, A DISTANCE OF 331.1.5 FEETTO A POINT; THENCE RUN NORTH 0- 09' 03" EASTA DISTANCEOF75.04 FEET TO A POINT; THENCE RUN NORTH 23- 43' 43" EAST A DISTANCE OF 104.18 FEET M A POINT; THENCE RUN NORTH 3106 S. Hoixaboa Drivq Naples, Florida 34104 -Phone (239) 643.2324 •Faz (239)643-1343 -E-mail; InV20 cecin.com Srftl'f.•t'GCWSF.IL 19"7 EX!"9iT a 009 Packet Pg. 74 10.C.1 OR 5657 PG 3556 Golden Gate Golf Course COASTAL ENGINEERING CONSULTANTS, INC. GEC Fite No, 19.049 July 8, 2D19 Page 2 47' 07' 42" WEST A DISTANCE OF 196.55 FEET TO A POINT; THENCE RUN SOUTH 89" 44'56" WESTA DISTANCE OF 184.50 FEET TO A POINT; THENCE RUN SOUTH 50' 09' 46' WESTA DISTANCE OF 14.20 FEET TO A POINT; THENCE RUN SOUTH 110 04' 09" WESTA DISTANCE OF 113.36 FEETTO A POINT; THENCE RUN SOUTH 3' 45' 30" WESTA DISTANCE OF 183.92 FEETTO THE POINTOF REGfNNiNG. AND ALSO LESS AND EXCEPT PARCEL (3) COMMENCING ATTHE NORTHWESTCORNER OF TRACT I OF SAID GOLDEN GATE UNIT1, RUN 500'31'32" £ ALONG THE WEST LINE OF SAID TRACT I FOR A DISTANCE OF460.24 FEET TO A POINT OF CURVATURE; THENCE 7816 FEET ALONG THE ARC OF CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 89'33'45", A CHORD DISTANCE OF 70.44 FEET, BEARING S 45'24'29" E TO A POINT OF TANGENCY AND AN INTERSECTION WITH THE SOUTH LINE OF SAID TRACT I; THENCE ALONG SAID LINE N 89'30'20" E FOR A DISTANCE OF 149,5Z FEET TO THE POINT of BEGINNING; THENCE CONTINUE N 89'30'20" E FOR A DISTANCE OF 14315 FEET; THENCE LEAVING SAID LINES 00'29'40" E FOR A DISTANCE OF 116.67 FEET; THENCE S 89'53'11" W FOR A DISTANCE OF 72.43 FEET; THENCE N 86'58'47" W FOR A DISTANCE OF 69.02 FEET; THENCE N 02.03140" E FOR A DISTANCE OF 48.97 FEET; THENCE N 14'1343" W FOR A DISTANCE OF 17.31 FEET; THENCE N 00'29'4W W FOR A DISTANCE OF 46.23 FEETTO THE POINTOF BEGINNING; THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 7,190,871 SQUARE FEET OR 355.08 ACRES OF LAND, COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESSAUT I ION NO. L8 2464 RICHARD J. EWING, . . PROF£SSIONALSURVEYO AND MAPPER FLORIDA CERTIFICATE.-N , 5295 NC+TVALID WITHOUT THE SIGNATUR E AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO.19.059 q DATE OF SIGNATURE: 3104 S. ffiw4jwe Drh,e, tggjef, nWda 341D4'Ph— (239) 6432124'Fox (239) 60-043 •R•ma141nf!> ,da.4o10 SERVING COASTAL COMMUNMICS SINCE 1977 010 Packet Pg. 75 10.C.1 M e r k s^ 6 i rS z 2 N z z x O (.% CD dppp �OphW�F- 7Uc Z, _ z in H I— 3 dddd�Y^o dT TdTd oo o(uppi duo a$e a LL¢ w Q$ O ggg• NN9n N�'i rv,r NN HY F*94N NNN » N Q Vi I F4Z S '_ _ =O WRE � � zNx W S'� uJ U UUUUU UUU �J �+ C7 y x U.YM 40134OIH mi) LU L� Q C9 r (13UVA3lflOg X91-1100) M'U'S &�L ' (lyid aad) 96s CIVON aLvis fsS,Cz ttk9 ae08z oos 'm -+ (s),00-osr M,CEAL.09N t N oW �am (d),ZvolD H.L (s).YSOst Js �� (tras ssavd I � °D r 4 m � I 6 sMoostvi�U rze" 9 m z 1' � r•sct i � �0� � o r � � �1 to s 3• { sl p, 13 Tl l t? 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O t faze�zs►.sos iii 2; I z vow I �IyY�2 I S!5 I I-' (s),os rss S.caez oososs i = — — — I I .a.fi- 40 offi.— Sol marm ►wtos re a i GSSE Dd LS9S ao 013 Packet Pg. 78 10.C.1 S N Z (g 1 o Q j UJ 'r cr 95 I s Mill y{ w ti 0 W j WZ a �h25 U> U rn a S!4 Q '$� U m f� oll WH f.. Lu 0)43 _ uX sEg W-� Uz g <y< 14 dd fA itl O Y ClLU m z o v ❑ 5 a 0 Q) ¢ . m F O J k z i � k 95 �,A6 BZ.Jm o O LOLL v J zw 66cya 0.i z�z 9l � 02 Dull b ©oa Uz LL C; N VZ'09b Ej.,misxas C) 09SE Dd LS9S No gyp* 014 .'A A Packet Pg. 79 10.C.1 EXHIBIT B Grady Minor Property Description and Sketch of Proposed Area for Home 015 Packet Pg. 80 10.C.1 ��nolnd-opt=� 1 t�h�ns�H�La�s 3sv37 Sloxs nia -- orl \ 1z02" AgAHns 4 d •. Lit� �OgOggQl� yZUgF- ��Q zt yCC�Q O r4 U e mzo� Zww2�l�� �tu����h � O � -'s Lp�tiq U O ry ccc^oin �LCIW N �h�«jUl `�j��Q.41�� n �� UO w'-dtil,N°U o W Q rma �U �d�C9�"F �NO�� k Z NC9.Q•. o °wzCC g?. S1�W Qp0 °upizg Sakp�� �� �qdd� a f3 LL Zfl-Q�-`. Ci ry. O U �. 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Zeal. d3ea �.N ��o �Q�°opZ° QC�q °moo z En �mb vp o gLuC0 L'-l��°1 w QCLLj mom `Z�N oS ��m0 o�?U14 (> Q20pW �Noo� � o tioop �iR m Uh CLamwz�� r�¢°aCc C.) �� o ewe o y am U hi O w q �' w U �`'� ��W cwim�� ° �z om Q�a La w��Q c�z L �W- L, Q q ca Z�� UIQq>-- 0 ,l � °o �Z° zZti y4j�Q z0 �����`C�hSU�I'q I Q �~zoU� �;n �Qti V ��w z �Zo�z X a a- QZn Q�00fj Z Z.pUt ZOO OcO °Qp'wONao� rnw vi0^vw UFO wZhp.QhZp UUv(.?)ipZ�,Z d � Ui: o GwtiwCa wrj Pi �ww�= U000O0� r���006O"�Z0>-Z � �ZNS taULu�W � U] n 'o lx��0 �O�QOW�.00 Qcd � d a G cJ m Kb o� ril c �53 U v GO 016 Packet Pg. 81 10.C.1 �hIO:Lftd-O£l-tz�.(3�12/(t$'�1-t�13N5.35Y37 510, O d< a� za� i12 q 2 �uy caz - �� �^ map ZV mW ar� 2aao4�o 0 cc Z o m 0 �` w U1 n. U ,I 4 41 a n,02a sna w —ems—� •--�'�S i to IYX]9 (ell--wol od $ SO ZIft bdw 3DO N3970J 097 orl,!ebZ zo .sue S J Z -03paYdWAun5\.J .Uf O N I i •X: O l7 N c 4 `o .,AMNAR b ION, T� f i ` u z d�d lU NQ s 0 s G R• nzO i z `� �C � c LLi LL 0 z }} C9T z w f LLJ U zv�S� ,Od f} c '> e U t- n' Q twit W r c czn0 3 o i w m � Q m C o 0 G cd cd 06 a > tl Q ,l ui a b C 0 cog '� a� C a� cd [ y+ co f N QD q 'qp m c. ^� 4 P cS m _ T— Packet Pg. 82 EXHIBIT C Three Party Escrow Agreement 018 Packet Pg. 83 10.C.1 Exhibit C (Referenced, incorporated, and attached to FDVA-Collier BCC Memorandum of Agreement) THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Veterans' Affairs ("FDVA"), the Collier County Board of County Commissioners ("Participant"), and the State of Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall become effective upon the Agreement's execution by Escrow Agent, WHEREAS, FDVA and Participant are engaged in the following project {"Project'): Project Name: FDVA's State Veterans Nursing Home in Collier County Project # : DVA22237500 County: Collier County WHEREAS, FDVA and Participant desire to establish an escrow account for the project. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit will be made into an interest -bearing escrow account established hereunder for the purposes of the Project. The escrow account will be opened with the Escrow Agent on behalf of FDVA upon Escrow Agent's receipt and execution of this Agreement. 2. Other deposits to the escrow account may be made during the life of this agreement. 3. Deposits will be delivered in accordance with instructions provided by the Escrow Agent to the FDVA for deposit into the escrow account. A wire transfer or ACH deposit is the preferred method of payment and should be used whenever possible. 4. FDVA's Comptroller or designee shall be the sole signatory on the escrow account with the Escrow Agent and shall have sole authority to authorize withdrawals from the account. Withdrawals will only be made to FDVA or the Participant in accordance with the instructions provided to the Escrow Agent by FDVA's Comptroller or designee. 019 Packet Pg. 84 10.C.1 Moneys in the escrow account will be invested in accordance with section 17.61, Florida Statutes. The Escrow Agent will Invest the moneys expeditiously. Income is only earned on the moneys while invested. There is no guaranteed rate of retum. Investments in the escrow account will be assessed a fee in accordance with Section 17.61(4)(b), Florida Statutes. All income of the investments shall accrue to the escrow account. 6. Unless instructed otherwise by FDVA, ail interest accumulated in the escrow account shall remain in the account for the purposes of the Project. 7. The Escrow Agent agrees to provide written confirmation of receipt of funds to FDVA. FDVA agrees to provide a copy of such written confirmation to Participant upon request. 8. The Escrow Agent further agrees to provide quarterly reports to FDVA concerning the escrow account. FDVA agrees to provide a copy of such quarterly reports to Participant upon request. 9. The Escrow Agent shall not be liable for any error of judgment or for any act done or omitted by it in good faith, or for anything which it may in good faith do or refrain from doing in connection herewith. 10. Escrow Agent shall have no liability for any claim, cost, expense, damage or loss due to the acts or omissions of FDVA and Participant, nor from any separate agreements between FDVA and Participant, and shall have no responsibility to monitor or enforce any responsibilities herein or in any separate agreements associated with this Agreement between FDVA and Participant. 11. This Agreement shall be governed by and Interpreted in accordance with the laws of the State of Florida. 12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13. This Agreement shall terminate upon disbursement by the Escrow Agent of all money held by it in the escrow account in accordance with the instructions given by FDVA's Director of Administration or designee and notification from FDVA to Escrow Agent that the account is to be closed. The remainder of this page is blank. 020 Packet Pg. 85 10.C.1 IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s) below. Carter, Digitally signed by Carter, Alfred (AI -ituBlite: Al 2023.03.21 _ 14:40:03-04'00' Alfred D. garter, Chief of Staff State of Florida, Department of Veterans' Affairs 59-3462886 Federal Employer I.D. Number Date r For Escrow Agent (signature) Printed Name and Title 3 3) z3 Da e For PARTICIPANT (signature) Rick LoCastro, Chairman Board of County Commissioners of Collier County, Florida Federal Employer I.D. Number MAC(. ,�oyt�� 202� Date n c n3 I, Crystal K. IGnzel, Clerk of Courts in and fdr Allier Cm do hearty certify 0''at the abWd Instrument ls'a_iiue aaJ correct copy of .%e on irfal filed' C ;tier Cou Flotilla - _ 00 � N By. "'Deput ,Clerk - ___AM ,, �•y' m Attest as to Chi V w... signature r Q CRYSTAL'K. KINIEL, CLERK o E m Ap red as to form a9legality �I i l`1i'ld All' �A I (le' c Assistant County ttamey a 021 Packet Pg. 86