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BCC Agenda 02/27/2024 Item #10B (Reconsideration of the McDowell Housing Partners)10.B 02/27/2024 EXECUTIVE SUMMARY Recommendation to hear the reconsideration of the McDowell Housing Partners - Ekos on Collier project approval of Workforce Housing Land Acquisition Surtax Funding, made during discussion of item 11B at the January 23, 2024, BCC meeting. OBJECTIVE: To reconsider the McDowell Housing Partners - Ekos on Collier application for Workforce Housing Land Acquisition Surtax Funding. CONSIDERATIONS: On January 23, 2024 the Board discussed and approved an application to utilize Infrastructure Sales Surtax funding for the Ekos on Collier Project. On February 13, 2024, item 10B, the Board authorized a reconsideration request by Commissioner McDaniel relative to the Ekos on Collier project surtax funding approval from January 23, 2024, item 11B. LEGAL CONSIDERATIONS: Reconsideration of a Board action is a two-step process, held over two separate Board meetings. The first step is a vote on whether the Board wishes to reconsider the matter, which the Board approved on February 13, 2024. The second step is to now hear the matter for discussion. The relevant portion of the reconsideration ordinance is set forth below: Sec. 2-41. - Reconsideration of matters generally. (a) Except for contracts, any matter which has been voted upon by the Board of County Commissioners may be reconsidered as follows: (2) By a motion to reconsider made by a member who voted with the majority if such motion is made at a regular meeting following the meeting at which the matter was voted upon, but only in accordance with the following: (I) Where a member who voted with the majority wishes the Board to reconsider a matter after the adjournment of the meeting at which it was voted on, the member shall deliver to the County Manager a written memorandum stating that the member intends to introduce a motion to reconsider. The memorandum shall state the date of the regular meeting at which the member intends to introduce such motion, and shall be delivered to the County Manager at least six days prior to such meeting. The purpose of this requirement is to allow the staff to advise the Board of the legal or other ramifications of reconsideration. (ii) No motion to reconsider shall be made any later than the second regular Board meeting following the Board's vote on the matter sought to be reconsidered. (iii) Upon adoption of a motion to reconsider, the County Manager shall place the item on an agenda not later than the second regular Commission meeting following the meeting at which the motion for reconsideration was adopted. With that said, this item has been reviewed by the County Attorney, is approved for form and legality, and requires a majority vote for approval. -JAK FISCAL IMPACT: None at this time. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board hear the reconsideration of the McDowell Housing Partners - Ekos on Collier application for Workforce Housing Land Acquisition Surtax Funding, made during discussion of item I I at the January 23, 2024, BCC meeting. Packet Pg. 67 10.B 02/27/2024 Prepared by: Ed Finn, Deputy County Manager ATTACHMENT(S) 1. Ekos on Collier Original Site Plan (PDF) 2. Ekos on Collier New Site Plan (PDF) 3. Email requesting reconsideration McDaniel (PDF) 4. [Linked] Ekos on Collier Two Parcels Designated for Affordable Housing 5. [Linked] McDowell Housing Partners Surtax Funds Evaluation Letter 6. [Linked] Ekos on Collier McDowell Housing Partners Final Surtax Application 7. [Linked] Ekos on Collier McDowell Housing Partners Surtax Project 50267 Checklist Approved 8. [Linked] Ekos on Collier Presentation 9. [Linked] CHHA Boundary Packet Pg. 68 10.B 02/27/2024 COLLIER COUNTY Board of County Commissioners Item Number: 10.B Doe ID: 28130 Item Summary: Recommendation to hear the reconsideration of the McDowell Housing Partners - Ekos on Collier project approval of Workforce Housing Land Acquisition Surtax Funding, made during discussion of item I I at the January 23, 2024, BCC meeting. Meeting Date: 02/27/2024 Prepared by: Title: Management Analyst II — County Manager's Office Name: Geoffrey Willig 02/21/2024 9:59 AM Submitted by: Title: Deputy County Manager — County Manager's Office Name: Amy Patterson 02/21/2024 9:59 AM Approved By: Review: Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Office of Management and Budget Christopher Johnson OMB Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 02/21/2024 10:01 AM Completed 02/21/2024 12:01 PM Completed 02/21/2024 1:55 PM Completed 02/21/2024 2:47 PM 02/27/2024 9:00 AM Packet Pg. 69 10.B.a a d co 0 0 0 0 Y W E a Packet Pg. 70 d 10.B.b Sr p P R 10.1 4I fj � C CL Ll C. C1 CL Cn N � 4 rn n u n n n y,•, � � � o fn lu �� ° w m p > J� rn iaV) Q Cr o Y »�a °o a w i II C im+++00 CO) > > oo DO) - r c� IL c x py a ar i SL� I U T Co CL Z 3 �3� z o Q '� L r � n E x- w o . �� -- r CD w C� O 4Co 0 ° I W I i 1 CL c�a 11 _ z 2 i l� Co CL 0) Q LL CL 2 � Cn o 0 ox LU - _ _ W Packet Pg. 71 CL cn __ -_ 10.B.c Geoffrey Willig From: Amy Patterson Sent: Friday, January 26, 2024 2:26 PM To: Amanda Barnwell; Geoffrey Willig Subject: FW: Vote Reconsideration Follow Up Flag: Follow up Flag Status: Flagged c 0 L W From: Cristina Tiberia <Cristina.Tiberia@colliercountyfl.gov> y Sent: Friday, January 26, 2024 2:26 PM o To: Amy Patterson <Amy.Patterson @colliercountyfl.gov> Cc: Amanda Barnwell <Amanda.Barnwell @colliercountyfl.gov> v, Subject: Vote Reconsideration w Hi Amy, M 00 N Commissioner McDaniel asks for reconsideration of his vote from the last BCC meeting, regarding the 7 story affordable housing( McDowell project) — what is the procedure? r- Best regards, Cristina Tiberia Executive Coordinator Commissioner McDaniel - District 5 qzo lr County Board of County Commissioners 3299 Tamiami Trail East, 3 d Floor Naples, Florida 34112 Phone: 239-252-8605 VISIT OUR WEBSITE! 1 Packet Pg. 72 10.B.c Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 73 Exhibit A: Ekos on Collier Two Parcels Designated for Affordable Housing Parcels Designated for Affordable Housing: 7.089 total acres (two parcels: 5.51 acres and 1.92 acres) q F Y Co ler County Growth Management Community Development Housing Policy & Economic Development Division November 7, 2023 Christopher Shear, COO McDowell Housing Partners 777 Brickell Avenue, Suite 1300 Miami, FL. 33131 Dear Mr. Shear, Thank you for submitting an application for Workforce Housing Land Acquisition Surtax Funding to our office. A staff review committee has carefully reviewed and scored your application and made a recommendation that will be forwarded to the Affordable Housing Advisory Committee, the Citizens Surtax Review Committee, and on to the Collier County Board of County Commissioners for consideration. We recognize your organization's commitment and desire to assist Collier County in addressing affordable housing issues, however based on our careful review, your application did not receive a sufficient score to secure a staff recommendation of approval. Your application scored a 62.4 out of a possible 100 points but contains a Comprehensive Plan inconsistency. In the case of this specific application, this is primarily due to the location of the proposed parcel being within the Coastal High Hazard Area and therefore inconsistent with the County's Growth Management Plan — Coastal Conservation Management Element as required in 163.3177(6)(g), Florida Statutes, specifically Objectives 7 & 8, which states: This Coastal Management Element must "set forth the policies that shall guide the local government's decisions and program implementation with respect to the following objectives:" 7. Limitation of Public expenditures that subsidize development in high -hazard coastal area 8. Protection of human life against the effects of natural disasters. As mentioned above, you will have the opportunity to present the merits of your application to the Affordable Housing Advisory Committee (AHAC) at their next meeting on Tuesday, November 28, 2023, beginning at 09:00 AM at Growth Management Community Development (GMCD), 2800 North Horseshoe Drive, Naples, Florida 34104, Room 609/610. The AHAC will be asked to make a recommendation on your application which will then be forwarded to the Citizens Surtax Review Committee for their review and recommendation, and then ultimately on to the Board of County Commissioners for a funding decision. If you have any questions or need additional information, please do not hesitate to call me at 239-252-4211, or email Sarah.HarringtonC@CollierCountvFL.gov. Sincerely, Sarah Harrington, M.S., R.S., Planning Manager - Housing Policy & Economic Development Cc: Cormac Giblin, Division Director - Housing Policy and Economic Development Jamie French, Department Head - Growth Management Community Development Housing Policy & Economic Development Division • 2800 North Horseshoe Drive • Naples, Florida 34104. 239-252-2400 • www.cdferco ntyfl.gov Co Ier County Fadlities Management Division Real Property Management 3335 Tamiami Trail E, Suite 101, Naples, Florida 34112 Fax: 239-252-8876 • Email: RPM@CollierCountyFL.gov WORKFORCE HOUSING LAND ACQUISITION POLICY SURTAX FUNDING EVALUATION CRITERIA Approved by Board of County Commissioners 3/28/2023, Item 11 APPLICANT CONTACT INFORMATION Name of Property Owner(s): Bozicnik TR, Raymond J, Raymond J Bozicnik Trust, Nicolette Rae Bauer Tr, Nicolette Rae Bauer Trust Name ofApplicant (if differentthanowner): MHP Collier ll, LLC, c/o Christopher Shear Address: 777 Brickell Ave, Suite 1300 City: Miami State: FL Zip: 33131 Telephone: 786-584-2486 E-mail Address: bzunamon@mcdhousing.com Name of Agent: Bill Zunamon Firm: McDowell Housing Partners Address: 777 Brickell Ave, Suite 1300 Telephone: 786-584-2486 E-mail Address: bzunamon@mcdhousing.com Cell: City: Miami Cell: PROPERTY INFORMATION Address of Subject Property: 6360 Collier Blvd, Section/Township/Range: 3 / 51 Subdivision: 100-Acreage Header / 26 Current Zoning and Land use of Subject Property: State: FL Zip. 33131 Property I.D. #: 00725640004 & 00725040002 Unit(s): 39 & 22 Lot(s): C-3 & MH respectively; Vacant Residential Block(s): On November 6, 2018, the voters of Collier County approved a one percent (1%) local government infrastructure surtax upon all taxable transactions occurring within the County. Twenty million dollars ($20,000,000) of this surtax is earmarked to be used for land acquisition in accordance with Section 212.055(2), Florida Statutes. On March 28, 2023, the Collier County Board of County Commissioners approved the below to guide future land acquisitions using these funds for the development of future workforce housing projects. 1 8/2023 Co per County Faalities Management Division Real Property Management 3335 Tamiami Trail E, Suite 101, Naples, Florida 34112 Fax: 239-252-8876 • Email: RPM@CollierCountyFL.gov SURTAX FUNDING EVALUATION CRITERIA For the development of a shortlist, this evaluation criterion will be utilized by a COUNTY Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points (point allocations subject to change) 1. Cover Letter / Management Summary 0 Points 2. Property and Business Plan 45 Points 3. Financing & Cost of Services to the County 20 Points 4. Experience and Capacity of the Firm 15 Points 5. Specialized Expertise of Team Members 10 Points 6. Certified Minority Business Enterprise 5 Points 7. Local Vendor Preference 5 Points TOTAL POSSIBLE POINTS 100 Points Each criterion and methodology for scoring is further described below: EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (0 Total Points) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the Wlfirm in providing the services stated herein. Include the name(s), telephone number(s), and email(s) of the authorized contact person(s) concerning the proposal. EVALUATION CRITERIA NO. 2: PROPERTY AND BUSINESS PLAN (45 Total Points) In this tab, including but not limited to: 1. Project Scope Wl The proposal should provide a written description of the project, accompanied by a conceptual site plan showing proposed building(s), parking areas, and how the development will interface with the surrounding areas. In addition, the proposed unit type (single family, multi -family, rental, or for purchase) and dwelling size (1, 2, 3, or more bedrooms) should be provided along with any planned amenities. 2. Community Impact The proposal must describe how the proposed project fits with the adjacent parcels, meets the intent of the Board of County Commissioners expectations, as detailed in this ITN, and would generally benefit the community, surrounding areas, and the County as a whole. Include as many conceptual visuals as possible such as site plans, renderings, and elevations, as applicable. In addition, please provide a description of how the proposed project meets the housing affordability needs per the Collier County Community Housing Plan. 3. Zoning The proposal must identify if the property's zoning or a specific rezoning will be required to assist in the development of the proposal. If applicable, identify if the rezoning will require a comprehensive plan amendment or other special zoning relief. Be as specific as possible and provide documentation as needed to 8/2023 Co per County Faalities Management Division Real Property Management 3335 Tamiami Trail E, Suite 101, Naples, Florida 34112 Fax: 239-252-8876 • Email: RPM@CollierCountyFL.gov substantiate the request. Identify the timing of zoning and if the property should be zoned prior to the project. 4. Timeline The proposal must clearly identify approximate milestones that will be included in the land acquisition and development agreement such as the due diligence period, zoning process, if required, site development, building permits, construction, and through to the Certificate of Occupancy. 5. Site -Specific Criteria Upon approval of moving forward with this ITN the Board of County Commissioners agreed the following criteria should be mandated in the development of the property. In preparation of this proposal, it is important the following criteria are included for consideration: • Quantify desired density. The BCC is seeking proposals that will provide a moderate to high density of units. • Identify all dwelling types and if more than one type is proposed provide unit type ratios. • Define project set -asides of more than 10% for seniors, veterans, and/or special needs populations. • Define the targeted income mix proposed and how it correlates with the Community Housing Plan. • A preference that 100% of the units built be affordable and not at market rate (subject to change based on Board approval). • Target greatest units and income needs (currently rental housing at the lower income levels). • Cost of Property: Must not exceed the appraised value. • Disaster Evacuation Zone: Greater Consideration if NOT in Zone A, lesser consideration if in Zone A. • Utilities: Greater Consideration if utilities are available, lesser consideration if not available. • Wetlands: Must be less than 20% wetlands, with greater consideration for lower percentages. • Environmental: Must pass Phase I Standards, with greater consideration if passes Phase II standards as well. • Transportation: Greater Consideration if on an Arterial Road, lesser consideration on a Collector Road. • Shovel Ready: Greater consideration for fully zoned properties. • Density: Greater consideration for higher densities, lesser consideration for lower densities. • Proximity/Locational: Greater consideration closer to schools, Transit Stops, and Activity Centers. • Topography: Greater consideration for flood zones (AH and X). Lower consideration will be given to AE Zone properties (an area inundated by I % annual chance flooding with velocity hazard (wave action) for which the Base Flood Elevation (BFE) has been determined) and properties in a VE Zone (where wave heights are expected to be 3 feet or more for which the BFE has been determined) will be eliminated from any consideration. 6. Any Additional Information Include other relevant information about the project that has not been addressed in the previous questions that the proposer would like the present to the Board in support of the proposal. The intent of this phase of the screening process is to identify a project that a majority of the Board can support moving forward to a detailed purchase and development agreement. Should your proposal be selected, the purchase and development agreement will incorporate specific milestones in the development process. The Board's acceptance of a proposal shall not constitute approval of future zoning if needed for the project to be developed. 8/2023 Co per County Fadlities Management Division Real Property Management 3335 Tamiami Trail E, Suite 101, Naples, Florida 34112 Fax: 239-252-8876 • Email: RPM@CollierCountyFL.gov EVALUATION CRITERIA NO.3: FINANCING & COST OF SERVICES TO THE COUNTY (20 Total Points) In this tab, including but not limited to: 1. Financing The proposal must provide a general financing plan. The proposal must identify if the project will be a straight purchase (if so, what is the purchase price?), partial purchase, require financing (if so, is the expectation that the County defer the purchase price until the completion of construction and/or contribute to the financing package?), or any other potential financing configuration needed for the project. In addition, the Financing information provided should include at the minimum the following: • Per unit construction costs • Proformas for rental and proposed rates (if applicable) • Per unit market costs and sales price (if applicable) • Detailed soft funding incentives required from the County • Proposed funding sources with contingencies • Address any potential Land Trust contribution (if applicable) • Detailed affordability restrictions The proposer should submit a financing plan that demonstrates the proposer's financial ability to successfully purchase and complete the development of the parcel. Limited pro -forma would be acceptable based on the conceptual plan submitted for review. Wl2. Total Project Value Include an approximate construction value and ending taxable value. Please state if your entity holds tax- exempt status or if the project is eligible for tax exemption. Also, include a detailed description of how the project is committed long-term to address housing affordability in Collier County. EVALUATION CRITERIA NO.4: EXPERIENCE AND CAPACITY OF THE TEAM (15 Total Points) In this tab, including but not limited to: Provide information that documents your firm's qualifications to produce the required deliverables, including abilities, capacity, skill, financial strength, and the number of years of experience in providing the required services. Describe the various team members' successful experience in working with one another on previous projects. Teams including a not -for -profit partner will be given greater consideration. The County requires that the vendor submits no fewer than five (5) completed reference forms from clients from the past ten (10) years whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent projects of similar size, scope, and complexity of this project using the Reference Form provided. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. 4 8/2023 CoVier County Facilities Management Division Real Property Management 3335 Tamiami Trail E, Suite 101, Naples, Florida 34112 Fax: 239-252-8876 • Email: RPM@CollierCountyFL.gov EVALUATION CRITERIA NO. 5: SPECIALIZED EXPERTISE OF TEAM MEMBERS (10 Total Points) The proposal must include a description of the firm/team, including locations of offices, the person responsible for contracting services, and the location of the contracting authority. Include a list of the qualified professional team members and qualifications of associates proposed to perform and/or assist with the work to oversee the project. Identify the names and provide resumes of proposed management members that will supervise the project, including an organizational flow chart, if available, showing the working relationship of the management structure. The proposal shall submit a portfolio of projects of similar size and scope completed and or managed by the firm or team. EVALUATION CRITERIA NO.6: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise. EVALUATION CRITERIA NO.7: LOCAL VENDOR PREFERENCE (5 Total Points) Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax Collector prior to proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier or Lee County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. The Board may waive, in whole or in part, any portion of this policy when reviewing a proposed acquisition of land for affordable housing. The completed application, all required submittal materials, and questions shall be submitted to: Real Property Management RPM@Co11ierCountyFL.gov • Fax: 239-252-8876 Signature of Applicant or Agent Printed Name of Signing Party Date 8/2023 McDowell HOUSING PARTNERS EKOS on Collier otr eft, Land Acquisition — SURTAX Funding 6360 Collier Blvd. Collier County, FL. October 2023 Submitted To: Collier County Real Property Division c/o Jenneifer Belpedio 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 Infrastructure Surtax Citizens Oversight Committee Members c/o Staff Liaison, John McCormick 3299 Tamiami Trail E., Naples, Florida 34112 Table of Contents CoverLetter.............................................................................................................1 ii. Exhibit 2 — Property and Business Plan.................................................................. 4 iii. Exhibit 3 — Financing & Cost of Services to the County...................................................................................................................11 Iv. Exhibit 4 — Experience and Capacity of the Team..................................................12 v. Exhibit 5 — Specialized Expertise of Team Members.............................................14 vl. Exhibit 6 — Certified Minority Business Enterprise................................................15 vii. Exhibit 7 — Local Vendor Preference......................................................................16 Cover Letter October 19, 2023 Collier County Real Property Division c/o Jenneifer Belpedio 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 Re: Ekos on Collier Land Acquisition — SURTAX Funding. 6360 Collier Blvd. Collier County, FL. Dear Collier County Real Property Division and Surtax Citizens Oversight Committee: McDowell Housing Partners, LLC ("MHP"), is extremely pleased to submit a proposal for the Collier County Workforce Housing Land Acquisition Surtax Funding application. MHP, through its non-profit partnership with Collier County Community Land Trust Inc. and its development team is proposing to develop "Ekos on Collier", a 160-unit, multi -family, affordable housing community located on 6360 Collier Blvd., Naples, FL. The MHP Team applauds Collier County on its progressive initiatives to address the housing crisis. There are very few places where the current housing crisis is more apparent than within Collier County. Market forces in the Country make it nearly impossible to build new housing that low- income and middle-class workforce families can afford. Wages have not risen at the same rate as the cost of housing, as a result, there is an evident lack of housing options for low-income residents as well as the middle-class workforce. MHP brings forth the requisite discipline, experience, local knowledge, and most of all passion, to deliver a quality, sustainable attainable housing community. MHP has an established track record of successfully working in Collier County. MHP has successfully secured scarce/competitive funding for over 1,500 units in the past 3 years with over 400 of those units currently being developed in Collier County. Our experience developing, constructing, and managing subsidized housing assets will ensure the development's long-term viability and success, while addressing the housing crisis that Collier County currently faces today. Overall, MHP has the deep financial capacity, multifamily operating expertise, and local presence that will undoubtedly be necessary to successfully deliver such a major development in a timely fashion. IMcDowell Godlier Cat4nt;Y HOUSING PARTNERS We understand Collier County's objective for this development is to serve a broad range of income levels between 30% - 70%. Therefore, the MHP team has devised a plan that we believe will deliver the greatest public benefit to the widest array of the area's underserved citizens. Nonetheless, MHP maintains a resolute commitment to work in full collaboration with Collier County, the surrounding neighborhood and community stakeholders. The approach of working from the "inside out" has proven to be a key element underlying our reputation and success as a distinguished public/private partnership housing developer. The general development concept consists of one five -story mid -rise concrete, with a total of 160 units on approximately 7.089 acres in Collier County. The proposed location and layout of the buildings on the site took into consideration a lower impact on the surrounding neighborhood by building only up to six stories while maximizing the number of units available. Ekos on Collier will also provide a clubhouse with resort -style amenities and enhanced landscaping throughout the community. The proposed development will encompass a mix of rental levels in the affordable range (up to 70% AMI) and potentially at workforce levels (up to 120% AMI) depending on the final development programming, thorough market research and well thought out financial execution. Essential Service Personnel, County employees, and Veterans will have a preference for all units, provided we do not discriminate against protected classes under the Fair Housing Act. Covenants will be recorded under a long-term ground lease, loan documents, and/or the Tax Credit Land Use Restriction Agreement. Resources, including land, dedicated to affordable housing are not near enough to supply the increasing demand. We believe they should be conveyed in a matter that provides the greatest public benefit, including housing for the low and extremely low-income levels where demand drastically outweighs supply. The project will be financed chiefly through the Low -Income Housing Tax Credit (LIHTC) program, the best financing available for housing restricted to income levels. With the goal to be good stewards of public resources, the LIHTC program allows to serve income levels between 30%-80% of the County AMI, thereby delivering a greater public benefit than solely 80% AMI rents. MHP is extremely proficient within Florida's LIHTC program and will pursue various LIHTC structures (i.e., 9% or 4% with tax-exempt bonds) to ensure we deliver the units within time and within budget. We are open as well to going up to the 120% AMI Level (workforce) if the county desires. MHP's proposal conscientiously incorporates the following goals and objectives within our commitment to provide safe, and sustainable communities to call home: EKOS ON COLLIER - OCTOBER 2023 2 • Be the best stewards of public resources by serving the broadest income spectrum (30% - 120% AM I). • Integrate Collier County and local vendors into the development team and process. • Provide a realistic and sustainable financing and operating plan to ensure long-term viability and sustainability. o Including concrete construction, and market -rate amenities. • Work in a spirit of collaboration and transparency with Collier County to develop the most suitable development program. • Maximize the economic benefits and minimize risks to Collier County: o Seeking additional sources of funding through the State agency (Florida Housing Finance Corporation). ■ Bonds ■ 4% tax credits ■ 9% tax credits ■ SAIL Funding ■ ELI Funding o Partnering with local non -profits which enables the proposed development to be tax exempt. o MHP will pay for pre -development expenses including upfront planning and engineering costs for rezoning, design, and entitlements. o MHP will assume the financial risk and guarantees. • Create both permanent and temporary jobs for area residents. o Commit to best efforts of utilizing Women Business Enterprise (WBE) and Minority Business Enterprise (MBE) for subcontractors and vendors. o Commit to best efforts of hiring local labor, subcontractors, and vendors. In summary, MHP embodies the passion, commitment, and expertise necessary to develop a product that will be a true asset to Collier County in perpetuity. We appreciate your consideration and look forward to your feedback. Sincerely, Christopher Shear, COO McDowell Housing Partners Direct (786) 577-9837 1 Cell (773) 981-1817 cshear@mcdhousing.com EKOS ON COLLIER - OCTOBER 2023 3 Exhibit 2 — Property and Business Plan. Project Scope Ekos on Collier is located on a 7.089-acre vacant at 6360 Collier Boulevard which is located within unincorporated Collier County. The current proposed development plan is comprised of a five -story or six -story mid -rise building for a total of 160 units with surface parking throughout the entire property. The proposed development will also provide a standalone clubhouse with state-of-the-art amenities such as a resort style swimming pool, play park, game room, and cybercafe. The dwelling units will all feature solid surface countertops; plywood cabinets; luxuryvinyl tile flooring; full-size energy star appliances including range, refrigerator microwave, garbage disposal and dishwasher. All units will provide side -by -side washer and dryers. The Development Team is committed to going above and beyond FHFC's requirement to secure a green building certification at a Silver or Gold level under ICC 700-2020 National Green Building Standard (NGBS) system. To ensure such efficiency level we will implement low -flow plumbing fixtures, SEER 15 HVAC systems, high efficiency (low-e or insulated) impact windows, Energy -Star qualified water heaters, and LED lighting throughout the facility at a minimum. The currently proposed development program consists of 64 one -bedroom and one - bathroom units, 84 two -bedroom and two -bathroom units and 12 three -bedroom & two - bathroom units all of which will be managed by our well qualified and experienced property manager, JMG Realty, LLC. JMG Realty will also administer various services to our residents such as financial management, adult literacy and employment assistance. The development will serve the family demographic between 30%-70% AMI and potentially up to 120%. Community Impact Ekos on Collier has the potential to have a positive impact on the community in a number of ways. First and foremost, Ekos on Collier will help to address the critical shortage of affordable housing in Collier County. According to recent data, more than 50% of households in the area are considered cost -burdened, meaning they spend more than 30% of their income on housing. By providing high -quality, affordable housing options, Ekos on Collier will help to reduce housing insecurity and improve the financial stability of local families and individuals. In addition to providing housing, Ekos on Collier will also create jobs and economic opportunities for local residents. During the construction phase, the development is expected to create more than 100 jobs, and once completed, it will provide jobs in property management, maintenance, and other areas. This will help to stimulate economic growth in the area and support the local workforce. Furthermore, Ekos on Collier will help to revitalize the surrounding neighborhood by bringing in new residents and increasing foot traffic to local businesses. This can help to create a sense of community and pride in the area, as well as support local businesses and stimulate economic growth. EKOS ON COLLIER - OCTOBER 2023 4 Additionally, Ekos on Collier will be built with a focus on sustainability and energy efficiency, which will help to reduce the environmental impact of the development and promote sustainable living practices in the community. Finally, Ekos on Collier will promote diversity and inclusivity in Naples and Collier County by providing housing options for people from a variety of backgrounds and income levels. This can help to create a more vibrant and welcoming community that values and celebrates its diversity. Overall, Ekos on Collier has the potential to have a significant positive impact on the community of Naples and Collier County, by providing safe, affordable housing options, creating jobs and economic opportunities, revitalizing the surrounding neighborhood, promoting sustainability, and enhancing diversity and inclusivity. *Please see the surrounding area photos, conceptual site plan, unit layouts and renderings below for Ekos on Collier in Exhibit A. EKOS ON COLLIER - OCTOBER 2023 5 Zoning The subject site is comprised two separate parcels: Parcel ID: 00725640004 and 00725040002 The zoning for each parcel is the following. 00725640004 • C-3 Zoning - 5.51 Acres • FLU — Urban Coastal Fringe Subdistrict 00725040002 • MH (Mobile Home) —1.92 Acres • FLU — Urban Coastal Fringe Subdistrict The majority of the site falls under the C-3 zoning designation. S13102, the Live Local Act, will allow MHP to work directly with the county to develop the optimal development plan. SB 102 provides that a county must authorize proposed multifamily and mixed -use residential projects as an allowable use in any area zoned for commercial, industrial, or mixed use if the project will provide the following: • At least 40% of the residential units are affordable; (100% of the units will be affordable in Ekos on Collier) • Affordable means: that the monthly rents, including taxes, insurance, and utilities do not exceed 30% of the AMI for Extremely -low-income persons (i.e., 30% AMI) ("ELI"), Very - low income persons (i.e., 50% AMI) ("VLI"), Low -Income Persons (i.e., 80% AMI) ("LI"), and moderate income persons (120% AMI) ("MI"); (MHP will work with the county to design the optimal unit mix in which all units will be affordable) EKOS ON COLLIER - OCTOBER 2023 6 Period of at least 30 years; and (Ekos on Collier will be affordable in perpetuity) For a mixed -use project at least 65% of the total square footage of the improvement on the parcel must be used for residential purposes. (The project is not mixed -use, so this does not apply) Ekos on Collier meets the above requirements as it is zoned commercial. SB 102 states that in areas zoned for commercial, industrial, or mixed use, a County may no longer require the owner to obtain a zoning or land use change, special exemption, conditional use approval, variance, or comprehensive plan amendment for building height and densities. *Please see the below Zoning Verification Letter from the County* EKOS ON COLLIER - OCTOBER 2023 FLORIDA HOUSING FINANCE CORPORATION LOCAL GOVERNMENT VERIFICATION THAT DEVELOPMENT IS CONSISTENT WITH ZONING AND LAND USE REGULATIONS Name of Development: Ekos on Collier East side of Collier Blvd., southeast of the Intersection of Henderson Creek Dr. and Development Location: Collier Blvd., Unincorporated Collier County, FL At a minimum, provide the address number, street name and city, and/or provide the street name, closest designated intersection and either the city if located within a city) or county (if located in the unincorporated area of the county). The location of all Scattered Sites, if applicable, must also be included. Number of units in the Development: 160 This number must be equal to or greater than the number of units stated by the Applicant in Exhibit A of the RFA. The undersigned Local Government representative confirms that, as of the date that this form was signed, the above referenced Development's proposed number of units, density, and intended use (1) are consistent with current land use regulations and zoning designation; OR (ii) are approved pursuant to sections 125.01055(6) and 166.04151(6), Florida Statutes; OR (iii) are consistent with sections 125.01055 (7) and 166.04151 (7), Florida Statutes; OR, (iv) if the Development consists of rehabilitation, the intended use is allowed as a legally non -conforming use. I certify that the City/County of CERTIFICATION Collier County (Name of City/County) has vested in me the authority to verify consistency with local land use regulations and zoning designation or, if the Development consists of rehabilitation, the intended use is allowed as a "legally non -conforming use" and I further certify that the foregoing information is true and correct. In addition, if the proposed Development site is in the Florida Keys Area as defined in Rule Chapter 6748, F.A.C., I further certify that the Applicant has obtained the necessary Rate of Growth Ordinance (ROGO) allocations from the Local Government. Signature Print or Type Name Print or Type Date Signed Address (street address, city, state) 15 1 L , Address (street address, city, state) Telephone Number (including area code) This certification must be signed by the applicable City's or County's Director of Planning and Zoning, appointed official (staff) responsible for determination of issues related to comprehensive planning and zoning, City Manager, or County Manager/Administrator/Coordinator. Signatures from elected local government officials are not acceptable, nor are other signatories. If there are alterations made to this form that change the meaning of the form, the form will not be accepted. (Form Rev. 06-2023) GoCounty Growth Management Department Zoning Services SectiGn August 30, 2023 Bill Zunamon McDowell Housing Partners 777 Brickell Ave, Suite 1300 Miami FL 33131 ZLTR- PL20230013257; Zoning Verification Letter for 6360 Collier Blvd. in Section 3, Township 51, Range 26 of unincorporated Collier County, Florida. Property ID/Folio Number: 00725640004 and 00725040002 consisting of approximately 7.77 acres. Mr. Zunamon, This letter is in response to a Zoning Verification Letter (ZLTR) Application that you submitted on or about August 9th. The applicant has requested verification of the questions listed below in bold print, which are followed by Staff s responses. Questions: 1. Please confirm that the subject property qualifies for the LIVE LOCAL ACT. According to the "Live Local Act" (SB 102.7(a)) "A county must authorize multi -family and mixed - use residential as allowable uses in any area zoned for commercial, industrial, or mixed use if at least 40 percent of the residential units in a proposed multi -family rental development, for a period of at least 30 years, affordable as defined ins. 420.0004." The applicant identified two properties as part of the application. Parcel # 00725640004 is zoned Commercial Intermediate District (C-3) and parcel # 00725040002 is zoned for Mobile Homes (MH). It is therefore the determination of staff that the live local act only applies to the C-3 zoned property (Parcel # 00725640004) subject to the affordable housing criteria is met as defined in ins. 420.0004. 2. Please confirm the number of maximum permissible housing units, including density. In regard to density (SB1027(b)) states" A county may not restrict the density of a proposed development authorized under this subsection below the highest allowed density on any unincorporated land in the county where residential development is allowed." In review of county records staff was able to locate a growth management plan amendment (GMPA) for the Mini- triangle PUD (Ord. 22-37) that permits for 91.77 units per acre making the subject sight eligible for the same density. 3. Please confirm maximum permissible height. (SB IO2.7(c)) states "A county may not restrict the height of a proposed development authorized under this subsection below the highest currently allowed height for a commercial or residential development located in its jurisdiction within 1 mile of the proposed development or 3 stories, Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov Zoning Verification Letter ZLTR- PL20230013257 Page 2 of 3 whichever is higher." A review of adjacent zoning districts within a mile of the subject property shows that the highest allowed height at 75ft within the C-4 zoning district that is located less than a mile to the south of the subject property. Furthermore staff would like to note that (SB102.7(d)) states that "A proposed development authorized under this subsection must be administratively approved and no further action by the board of county commissioners is required if the development satisfies the county's land development regulations for multifamily developments in areas zoned for such use and is otherwise consistent with the comprehensive plan, with the exception of provisions establishing allowable densities, height, and land use." Based on this information zoning staff has determined that all RMF-16 development standards except for density and height will apply to the portion of the project taking advantage of the Live Local Act. 4. Please confirm if a reduction in parking for the amenity spaces is permissible for an affordable housing project? A parking reduction on an amenity area is permissible but not guaranteed. The applicant must apply for an administrative parking reduction and provide justifications for the reduction, see attached application. The information presented in this verification letter is based on the Collier County LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County LDC or related ordinances. This letter represents a determination of Zoning Services Section staff. Should you disagree with this determination, you may request an Official Interpretation by the Zoning Director of the provisions of the Land Development Code pursuant to Sections 1.06.0l.A and 10.02.02.17.1 of that Code. The fee for an Official Interpretation is identified in the most recent GMD Fee Schedule Resolution as approved by the Board of County Commissioners. To obtain copies of any document referenced herein, please contact GMD Records Section at (239) 252-5730 or at GMDRecordsRoomkcolliercountyfl.gov. The LDC may be viewed online at www.municode.com / Municode Library / Florida / Collier County. Validated Ordinances may be viewed online via the Clerk of Court's website, www.collierclerk.com / Records Search / BMR Records / Boards, Minutes, Records / BMR Validated Ordinances. Disclaimer: Issuance of a development permit by the County does not create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development. o Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov Zoning Verification Letter ZLTR- PL20230013257 Page 3 of 3 Should you require additional information, please do not hesitate to call my office at (239) 252-2471. Researched and prepared by: Reviewed by: Digitally signed by WopfParker DN'. Kl Parker.e l OU=wllieUser yfl.gov, OU=GMD PR Land Development Svcs, K I o P a rke r OU=GM fParker, d D= I, UserAccounts, Di,f1itall signed by bellows_r /� qqq ,y Y y Date: 2023.09.05 14:53:57 I I W ` OU= Planning and bcc, DC=c OU=GMD, pf OU=Divisions. % 10 2 . DD=colliergov, DC=ne[ Date: 2023.09.061022:18-0400' —� —04'00' Parker Klopf, Planner Raymond Bellows, Zoning Manager Zoning Services Section Zoning Services Section Digitally signed by BosiMichael BosiMichael Date: 2023.09.05 15:52:38 -04'00' Mike Bosi, Zoning Director Zoning services Section 1^0 NW Zoning Division 9 2800 North Horseshoe Drive 9 Naples, Ft. 34104 • 239-252-2400 9 www.colliercountyfl.gov O O � U m O cn O Q O m m U m i O m U O O d (� L -p� C O O O � m .0 � O L) -0 Q O U i O Z3 .� O U) 2 � Z3 L 0 U Q' w 2 H 0 M CV O CV L0 ti (D Z_ Z O N Z U) � w I..L U) Q J U) 0 SUBDIVISION INDEX NO. NAME P.B. Pg. NO. NAME 1 HENDERSON CREEK PARK 6 8 11 2 HEN DERSON CREEK PARK FIRST ADDITION 8 41 12 3 TRAIL RIDGE 44 71-77 13 4 WAL-MART AT ARTESA POINTE PUD 49 14-16 14 5 NAPLES MOTORCOACH RESORT 49 35-40 15 6 WINDING CYPRESS PHASE 3 65 23-31 16 7 17 8 18 9 19 10 20 lY N P.B. Pg. 1603N 161ON in2X arr W cWX 'P NONQoaoaaaa4aa�a�g�ra«r °P S'P °P To -9 Nees N a a aaNaoaQaaaJ °P�a �000saoa?o???0000 a - N� o °�°°'»>rc»ow�w�w»»o�owoo�ooa W4KK4 KK444p2S�NSNUNSSSS�SSNSNSSS> r Z m ... m m m m m o N 0 0 0 c7 T 7 � � N N m r r � r � 4 o ,P z l l O N 10,11,13,14,15,11, P U D 22,23,24 WINDING CYPRESS r N W M THIS IS TO CERTIFY THAT THIS IS A PAGE OF THE ° = a N N OFFICIAL ZONING ATLAS REFERRED TO AND ADOPTED o = = BY REFERENCE BY ORDINANCE NO. 04-41 OF THE u s COUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004, w a AS AMENDED BY THE ZONING NOTES AND SUBDIVISION N o m o a v r J a ry J a INDEX REFERENCED HEREON. F N N r Z BY CHAIRMAN OJ N > `° N ATTEST CLERK lw O©00 COLLIER COUNTY, FLORIDA COMMUNITY DEVELOPMENT DIVISION TWP 51S RNG 26E SEC(S) 3 SO 1/2 N SCALE I 4I0 MAP NUMBER: 1603S N O N \ co ry W 2 O (D Z_ Z O N Z O w Q J Z O O v --r — — — — — — — — — - INDICATES SPECIAL TREATMENT OVERLAY SUBDIVISON INDEX NO. NAME P.B. Pg. 1 RIVERWOOD 8 53 2 RIVERWOOD UNIT 1 ADDITION 9 107 3 RIVERWOOD UNIT 10 90 4 RIVERWOOD EAST 13 13 5 RIVERWOOD EAST UNIT 2 13 112 6 RIVERWOOD EAST UNIT 3 14 90 7 RIVERWOOD EAST UNIT 4 PHA 15 57 8 RIVERWOOD EAST UNIT 4 PH.2 17 54 9 HENDERSON CREEK PARK 6 8 10 KEYES DIVISION (Unrec.) 1603S u RY ROAD 7 45 g ] 6 i2 9 5 4 13 14 15 i6 1] 18 19 D L " 3 p s 3 19L 1 4243SV6 Am10 ++ 12 1/ 15 37 36 35 34 33 32 31 30 Mll 3 4 5 6 ] 10T12131 14 15 i6 1][8 19 20 21 22 74 1� MANATEE ROAD 7 8 TRACT R-t 8 11 11 TRACTR MANATEE ROAD 13 TRACT LB-1 13 RAC T TRACT 14L TRACT �� w wn wn w R-2 O TRANQUIL BROOK DRIVE TRACT C 134 J 74 1-4]TRACT 186 132 CAPRI 14 B a 185 ;31 WATER a 184 130 WORKS 183 129 LOT 6 ❑ 13 182 128 4 81 127 5 180 26 GULF WINDS EAST 16 179 O ] 145 125 CONDO 18 146 TRACT L-1 178 124 E�/b 177 123 14] 10,11 176 122 1 C-4 20+9 141 RPUD 21 141]4 121 5© IL RMF-12 I, 22 150 29 t¢~j i 23 151 ENBROOK 172 119 y O O ❑ O w 152 1]2 118 </�//y— 1]i O LOT S ~ O ❑ 25 K 153 n uwi wu 'u " u 170 O 116 26 G 154 169 J 27 Ye he 115 m O O ❑ O O m ROLLING BROOK LANE w ++4 26 O 232 3 29 K 18] � O O 30 m 188 a s 231 W 111 O ¢ 31 ] 189 230 ROOKERY BAY az Z 19a zz9 1+09 91228 APTS. 30 K 19z 227 108 O F 107 6 35 193 226 106 O ❑ O O O ao 194 225 10 O 3] 195 TRACT L-2 224 104 38 196 223 103 19] 14 NO. NAME P.B. Pg. 11 HENDERSON CREEK PARK SOUTH (Unrec.) 12 RIVERWOOD EAST UNIT 4 PH.3 18 50 13 ENBROOK 68 23-31 14 NAPLES COASTAL SHOPPES 70 1-4 15 16 17 18 19 20 14 O N O N r Txxxxox m �wwwwNw 7rrj m rn A o r N m m N H n r O N O N N C1 1oa��aJ a+Nagaaaao_ W 0w 20-' V » V)aa H z NONi mr� OOlO� Z Z N N N NC' N�� N�Nr'ly wto ree sn�� 1610S L THIS IS TO CERTIFY THAT THIS IS A PAGE OF THE OFFICIAL ZONING ATLAS REFERRED TO AND ADOPTED BY REFERENCE BY ORDINANCE NO. 04-41 OF THE COUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004, AS AMENDED BY THE ZONING NOTES AND SUBDIVISION INDEX REFERENCED HEREON. BY CHAIRMAN ATTEST CLERK COLLIER COUNTY, FLORIDA N COMMUNITY DEVELOPMENT DIVISION TWP 51S RNG 26E SEC(S) 10 NO 1/2 SCALE MAP NUMBER: 161ON 40o ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 320 as at least 10 percent of the units included in the project are 321 for housing that is affordable and the de�lelqere#the 19rejeet 322 agar, net te aisialy f e r e r --= e i ve€:an di ng :ander s. 429.5987. 323 The provisions of this subsection are self-executing and do not 324 require the board of county commissioners to adopt an ordinance 325 or a regulation before using the approval process in this 326 subsection. 327 (7)(a) A county must authorize multifamily and mixed -use 328 residential as allowable uses in any area zoned for commercial, 329 industrial, or mixed use if at least 40 percent of the 330 residential units in a proposed multifamily rental development 331 are, for a period of at least 30 years, affordable as defined in 332 s. 420.0004. Notwithstanding any other law, local ordinance, or 333 regulation to the contrary, a county may not require a proposed 334 multifamily development to obtain a zoning or land use change, 335 special exception, conditional use approval, variance, or 336 comprehensive plan amendment for the building height, zoning, 337 and densities authorized under this subsection. For mixed -use 338 residential projects, at least 65 percent of the total square 339 footage must be used for residential purposes. 340 (b) A county may not restrict the density of a proposed 341 development authorized under this subsection below the highest 342 allowed density on any unincorporated land in the county where 343 residential development is allowed. 344 (c) A county may not restrict the height of a proposed 345 development authorized under this subsection below the highest 346 currently allowed height for a commercial or residential 347 development located in its jurisdiction within 1 mile of the 348 proposed development or 3 stories, whichever is higher. Page 12 of 95 CODING: Wordsstrie#en are deletions; words underlined are additions. ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 349 (d) A proposed development authorized under this subsection 350 must be administratively approved and no further action by the 351 board of county commissioners is required if the development 352 satisfies the county's land development regulations for 353 multifamily developments in areas zoned for such use and is 354 otherwise consistent with the comprehensive plan, with the 355 exception of provisions establishing allowable densities, 356 height, and land use. Such land development regulations include, 357 but are not limited to, regulations relating to setbacks and 358 parking requirements. 359 (e) A county must consider reducing parking requirements 360 for a proposed development authorized under this subsection if 361 the development is located within one-half mile of a major 362 transit stop, as defined in the county's land development code, 363 and the major transit stop is accessible from the development. 364 (f) For proposed multifamily developments in an 365 unincorporated area zoned for commercial or industrial use which 366 is within the boundaries of a multicounty independent special 367 district that was created to provide municipal services and is 368 not authorized to levy ad valorem taxes, and less than 20 369 percent of the land area within such district is designated for 370 commercial or industrial use, a county must authorize, as 371 provided in this subsection, such development only if the 372 development is mixed -use residential. 373 (g) Except as otherwise provided in this subsection, a 374 development authorized under this subsection must comply with 375 all applicable state and local laws and regulations. 376 (h) This subsection does not apply to property defined as 377 recreational and commercial working waterfront in s. Page 13 of 95 CODING: Words strieken are deletions; words underlined are additions. ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 378 342.201(2)(b) in any area zoned as industrial. 379 (i) This subsection expires October 1, 2033. 380 Section 4. Section 125.379, Florida Statutes, is amended to 381 read: 382 125.379 Disposition of county property for affordable 383 housing.- 384 (1) By October 1, 2023 jig-; y 1 20 7, and every 3 years 385 thereafter, each county shall prepare an inventory list of all 386 real property within its jurisdiction to which the county or any 387 dependent special district within its boundaries holds fee 388 simple title which 4� is appropriate for use as affordable 389 housing. The inventory list must include the address and legal 390 description of each such real property and specify whether the 391 property is vacant or improved. The governing body of the county 392 must review the inventory list at a public hearing and may 393 revise it at the conclusion of the public hearing. The governing 394 body of the county shall adopt a resolution that includes an 395 inventory list of such property following the public hearing. 396 Each county shall make the inventory list publicly available on 397 its website to encourage potential development. 398 (2) The properties identified as appropriate for use as 399 affordable housing on the inventory list adopted by the county 400 may be used for affordable housing through a long-term land 401 lease requiring the development and maintenance of affordable 402 housing, offered for sale and the proceeds used to purchase land 403 for the development of affordable housing or to increase the 404 local government fund earmarked for affordable housing, el= fftay 405e sold with a restriction that requires the development of the 406 property as permanent affordable housing, or may be donated to a Page 14 of 95 CODING: Words strieken are deletions; words underlined are additions. ORDINANCE NO. 2022-_3 Z AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT BY AMENDING THE MINI - TRIANGLE MIXED USE SUBDISTRICT OF THE URBAN MIXED USE DISTRICT TO DECREASE COMMERCIAL USES FROM 200,000 TO 130,000 AND TO INCREASE MULTI -FAMILY DWELLING UNITS BY 114 UNITS FOR A MAXIMUM OF 491 DWELLING UNITS, ALL SUBJECT TO A TRAFFIC CAP; AND REMOVE MOVIE THEATRE AND BOWLING CENTER USES. THE SUBJECT PROPERTY IS LOCATED NEAR THE SOUTHERN CORNER OF THE INTERSECTION OF DAVIS BOULEVARD AND TAMIAMI TRAIL EAST, WEST OF COMMERCIAL DRIVE IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, CONSISTING OF 5.35f ACRES; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL202100011011 WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Metropolitan Naples, LLC requested an amendment to the Future Land Use Element; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or a rural area of economic opportunity formerly rural area of economic concern; and [22-CMP-01 120/1736656/1169 Mini -Triangle SSGMPA PL20210001101 8/4/22 Words underlined are added, words feu are deleted. 1 of 3 WHEREAS, the Collier County Planning Commission (CCPC) on August 4, 2022 considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element of the Growth Management Plan on September 27, 2022; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small-scale amendment to the Future Land Use Element in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after Board adoption. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. [22-CMP-01 120/1736656/1169 Mini -Triangle SSGMPA PL20210001101 8/4/22 Words underlined are added, words strttek tkeugh are deleted. 2 of 3 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this c�:j i-t' day of C� C , , 2022. ATTEST: CRYSTAL K. KINZEL, CLERK By: - Attest as't0PA1:M' uty Clerk signature Approved as to form and legality: _'/ {n titi eidi As ton-Cicko, Managing Assistant County Attorney Attachment: Exhibit A — Proposed Text Amendment [22-CMP-01120/1736656/1169 Mini -Triangle SSGMPA PL20210001101 8/4/22 BOARD OF COUNTY COMMISSIONERS COLLIER ACO,LORIDA By: Wilfam L. McDaniel, Jr., Chairman Words underlined are added, words stmak dweiagh are deleted. 3 of 3 EXHIBIT A MINI -TRIANGLE MIXED USE SUBDISTRICT GMPA FUTURE LAND USE ELEMENT FUTURE LAND USE DESIGNATION DESCRIPTION SECTION I. URBAN DESIGNATION A. Urban Mixed Use District: 19. Mini Triangle Mixed Use Subdistrict The Mini Triangle Subdistrict is 5.35 acres in size and is located within the Bayshore/Gateway Triangle Redevelopment Overlay of this GMP. The purpose and intent of the Mini Triangle Subdistrict, as a subset of the Bayshore/Gateway Triangle Redevelopment Overlay, is to further the goals of the Collier County Community Redevelopment Area (CRA) as stated in the adopted Bayshore Gateway Triangle Redevelopment Plan (approved on June 13, 2000 by Resolution No. 2000-181). In particular, Section 5.7 of the Community Redevelopment Plan identifies the Triangle Area as a "Mixed Center/Corridor Development Concept". The intent of the Plan related specifically to the Mini Triangle area is to create a mixed use "Catalyst Project" (or projects) that will foster the revitalization of the surrounding Gateway Triangle area. In order to facilitate the development of a Catalyst Project and further the intent of the Community Redevelopment Plan, this Subdistrict provides for greater intensity, density, and flexibility in applicable Site Design and Development Standards. In order to accomplish this greater intensity, density, and flexibility in applicable Site Design and Development Standards, the Mini Triangle Subdistrict shall be rezoned to a Mixed Use Planned Unit Development (MPUD). Development within the Mini Triangle Subdistrict shall be subject to the following: a. A maximum of 3;q 491 multi -family residential units may be permitted. b. A maximum of 228 hotel suites/rooms (or other transient lodging uses including but not limited to interval ownership or vacation rental suites) may be permitted. c. A maximum of 200,000 130,000 square feet of any combination of the following commercial uses may be permitted: 1. Retail; 2. Eating and drinking establishments; 3. , pPhysical fitness facilities, yoga studio, bicycle rental and museums and art galleries; 4. Personal services; Pagel of 2 Words underlined are additions; Words struck through are deletions. 6/28/2022 PL20210001101 5. General and medical offices; 6. Indoor Air-conditioned passenger vehicle and/or self storage, not to exceed 60,000 square feet (SIC Code 4225); 7. New or Used Car Dealerships, not to exceed 30,000 square feet in total (SIC Codes 5511 and 5521); and, 8. Any other principal use which is comparable in nature with the forgoing list of permitted principal uses. A maximum of 150 Assisted Living Facilities (ALF) units may be permitted, subject to a maximum floor area ratio of 0.45. e The MPUD shall establish a maximum trip capacity ("Trip Cap") for the Mini Triangle MPUD based upon "Net New Trips". The term Net New Trips means the projected PM peak hour trips generated by anticipated development within the Mini Triangle Subdistrict, reduced by pass -by trips and internal capture. The Trip Cap establishes the overall limitation on the intensity and density of any combination of uses. f. In order to ensure a mixed use development, the MPUD shall establish the minimum required number of multi -family residential units, the minimum required square footage of a combination of the commercial uses 1. through 46. in paragraph ed, above, and the minimum required square footage for general/medical office. g. The MPUD shall establish a date, timeframe, or condition by which the minimum requirements in paragraph f., shall be constructed. This date, timeframe or condition shall not be construed to limit approval of a Site Development Plan (SDP) or related amendment(s) thereto, nor the installation of any site related infrastructure or other site improvements depicted thereon, including but not limited to site access, sewer and water lines and facilities, stormwater facilities, surface parking, landscaping, signage, and fence or walls. h. Development within this Subdistrict shall be subject to the provisions of LDC Section 4.02.16 — Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area, as applicable, except in the case of building height, which may exceed the maximum allowable height established in Section 4.02.16, as well as any deviations from the applicable provisions of Section 4.02.16, as may be approved as part of the MPUD. Page 2 of 2 Words underlined are additions; Words struck through are deletions. 6/28/2022 PL20210001101 5~ ' FLORIDA DEPARTMENT Of STATE RON DESANTIS Governor October 6, 2022 Martha S. Vergara, BMR & VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Martha Vergara: CORD BYRD Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of corrected Collier County Ordinance No. 2022-37, which was filed in this office on October 6, 2022. Sincerely, Anya Owens Program Administrator ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 FLORIDA DEPARTMENT Of STATE RON DESANTIS Governor October 4, 2022 Martha S. Vergara, BMR & VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Martha Vergara: CORD BYRD Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2022-34, which was filed in this office on October 4, 2022. Sincerely, Anya Owens Program Administrator ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts A. The following tables describe the dimensional standards pertaining to base zoning districts. Site design requirements apply to the principal building on each site. Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts. Zoning District Maximum Minimum Minimum Floor Area of Floor Area Building Distance Buildings Ratio Height Between (square feet) N (feet) Buildings C-3 50 None 700 (ground floor) None C-4 75 A 700 (ground Hotels .60 None floor) Destination resort .80 C-5 35 A 700 (ground Hotels .60 None floor) Destination resort .80 A = 50% of the sum of the heights of the buildings, but not less than 15 feet. B = 50% of the sum of the heights of the buildings. C = Buildings within 100 feet of an adjoining district are limited to the height of the most restrictive of an adjoining district. D = 50% of the sum of the heights of the buildings, but not less than 25 feet. Principal Structure Minimum Yard (Setback) Requirements: Table 2.1, below, provides the minimum yard requirements for principal structures on conforming lots of record in base zoning districts. The following shall apply for all other lots: (Supp. No. 23) Corner Lots: Corner lots shall have front yards along each street frontage. The other yards shall be considered side yards. See LDC section 2.03.01 for Estates setbacks. Nonconforming Lots of Record: Minimum yard requirements for nonconforming lots of record are provided in LDC section 9.03.03 A. Created: 2021-04-30 10:11:58 [EST] Page 1 of 2 Table 2.1 - TABLE OF MINIMUM YARD REQUIREMENTS (SETBACKS) FOR BASE ZONING DISTRICTS Note as to setback line measurement: minimum setback lines are typically measured from the legal boundary of a lot, regardless of all easements burdening a lot, with the exception of easements that comprise a road right-of- way where the minimum setback line is to be measured from the road right-of-way easement line. Zoning Minimum Minimum Side Yard (feet) Minimum Rear Yard (feet) Public School district Front Requirements Yard (feet) RMF-16 b a b x a = 50% of the building height, but not less than 15 feet. b = 50% of the building height, but not less than 30 feet. c = 50% of the building height, but not less than 25 feet. d = 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. e = the total of all side yard setbacks shall equal 20% of the lot width, with a maximum of 50 feet. No side yard shall be less than 10 feet. Alternative dimensions may be possible when approved through a unified plan of development involving one or more lots under common ownership where the yard requirements are met for the unified site but not necessarily for each parcel within the unified site. f = the yard requirements shall be equal to the most restrictive adjoining district. x = for principal structures: 50 feet from all property lines; for accessory structures: 25 feet from all property lines. (Supp. No. 23) Created: 2021-04-30 10:11:58 [EST] Page 2 of 2 Timeline 2023 2023 2023 2024 2024 2024 2024 2024 2024 2024 2026 OCT NOV DEC JAN FEB MAR APR MAY JUN JUL JAN Submit Surtax Funding Land Closing Application Award Land Lease/Development Agreement Design: Architecture & Engineering Permitting & Entitlements Financing Period: Apply for Financing - Tax Exempt Financial Underwriting Closing Bonds & SAIL/4% LIHTC OR 9% LIHTC Commence Construction Construction Completion EKOS ON COLLIER - OCTOBER 2023 T anal SADDA MAPS • Limited QCT and SADDA Availability y..�. Y�v �• Yr.!• i� L.L Id au. � Md.. .i Cd- -Vdr— } DAVIDSON r,'[,iN , f,:rAC, EZiTAaLI19HIED Civil Engineering • Planning • Permitting esigning xcellence August 25, 2023 To: From: MEMORANDUM DRAFT Scarlett Perez and Bill Zunamon, McDowell Properties Jessica Kluttz, AICP Reviewed By: Ryan White, P.E. Subject: Collier Blvd Workforce Housing Site Review This memo will assess the feasibility of developing a conceptual site plan provided by Davidson Engineering regarding the Live Local Act and Collier County Development Standards. The subject property is folio 00725640004 and 00725040002 along Collier Boulevard, totaling 7.089 acres. The following memo will discuss the conceptual plan issued on August 25, 2023. The concept plan and ecological assessment are included at the conclusion of this memorandum. Zoning and Development Standards The subject site is zoned C-3 along Collier Boulevard and MH on the eastern parcel. The C-3 parcel is feasible to construct multifamily housing on per the Live Local Act without a rezone. Thus, only amenities and supporting uses can be developed on the MH zoned lands. The property is in the Coastal High Hazard Area, which dictates a lower density (minus one unit per acre when property is rezoned) and higher preservation requirement. This act dictates that the RMF-16 Development Standards are applicable, save that the height is limited to the commercial heights available within one mile of the property. Please see the below chart for the applicable standards. 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com DE DAVIDSON E N G I N E E R I N G Min Lot Area 43,560 sf Min Lot Width 150' Maximum Lot Coverage None Building Height Highest allowable height within 1-mile (C-4 allows for 75') Min. Distance Between Bldgs. 50% of the sum of the heights of the buildings, but not less than 15 feet. Min Floor Area Efficiency 450 sf 1 BR 600 sf 2+ BR 750 sf Front Yard Setback 50% of the building height, but not less than 30 feet. Side Yard Setback 50% of the building height, but not less than 15 feet. Rear Yard Setback 50% of the building height, but not less than 30 feet. The provided concept plan has been drafted to meet these standards. Note that the building is assumed to be 60' tall, every additional story added will increase the setbacks for the structure and reduce the building envelope. In residential developments, at least 60 percent of the gross area shall be devoted to usable open space. The LDC defines usable open space as: Active or passive recreation areas such as parks, playgrounds, tennis courts, golf courses, beach frontage, waterways, lakes, lagoons, floodplains, nature trails and other similar open spaces. Usable open space areas shall also include those portions of areas set aside for preservation of native vegetation, required yards (setbacks) and landscaped areas, which are accessible to and usable by residents of an individual lot, the development, or the general public. Open water area beyond the perimeter of the site, street rights -of -way, driveways, off-street parking and loading areas, shall not be counted towards required Usable Open Space. Landscaping and Preservation The required landscape buffering is indicated below. Landscape Buffer Buffer North West South East Type D D B B Width 10, 20' 15, 15' 2 DE DAVIDSON ENGINEERING Landscape buffers must be placed outside of existing easements, including a 15' utility easement along the north property line, a 40' perpetual easement along a portion of the east property line, and a 55' drainage easement along the south property line. Coordination with the entity to whom the easement is deeded to is required to determine if a portion of the easement can be utilized for landscape buffering. The current concept plan assumes no buffering can be placed within easements. Per LDC Chapter 3.05.07, 25% of the existing native vegetation must be preserved. Per the included ecological assessment, 5.33 acres of the site was found to contain native vegetation, including vegetation within easements. Vegetation within easements will not be impacted and thus can be deducted from the preservation calculation, so after removing these lands, approximately 1.19 acres of preserve must be provided on site. Approximately 0.15 acres of anticipated jurisdictional wetlands (southern mangrove fringe) have been identified on the site in addition to +/-0.28 acres of OSWs (Henderson Creek- retained waters). As the preservation requirement is above half an acre and adjacent to mangroves, off -site mitigation is not permitted per the Collier County Land Development Code section 3.05.07 H.11. Parking and Access The parking calculations indicate that 326 parking spaces are required to support a 160-unit plan, parked at 1.75 spaces per 1-bedroom unit and 2 spaces per 2- and 3-bedroom unit at the indicated unit mix of 64 1- bedroom units and 96 2- and 3-bedroom units plus parking for amenities as displayed in the concept plan. A Site Plan with Deviations, Parking Reduction, or PUD rezone is required to allow for a reduction in parking so that none can be allotted for amenities. Consultation with Collier County would be required to determine the best course of action if such a route is to be pursued, past PUD rezones for affordable housing have permitted amenities to not be parked due to proximity to housing. The current conceptual plan can provide 296 parking spaces. Additional spaces could be created by parking beneath the building or coordinating with FDOT to allow landscaping within their access easement. This is 30 spaces short of the requirement per LDC to support this plan, so a reduction in 15 2- and 3- bedroom units which have a parking requirement of 2 spaces would be required. Pursuing a parking deviation may cause the county to require a zoning action with hearings, such as a PUD rezone and Growth management Plan Amendment, to need to be taken as the Live Local act dictates a development must meet county land development regulations, including parking and setbacks, to be approved administratively. Legal clarification may be necessary to make this determination. In a multifamily development, some amenities can be parked at lower ratios per LDC Chapter 4.05.04: Where small-scale recreation facilities are accessory to a single-family or multifamily project and intended only for the residents of that project, exclusive of golf courses/clubhouses, the recreation facilities may be computed at 50 percent of normal requirements where the majority of the dwelling 3 DE DAVIDSON ENGINEERING units are not within 300 feet of the recreation facilities and at 25 percent of normal requirements where the majority of the dwelling units are within 300 feet of the recreation facilities. However, any recreation facility shall have a minimum of 2 spaces exclusive of parking spaces for dwelling units. Pools are parked at the following ratio: 1 per 75 square feet of water areas for the first 1,000 square feet and 1 for each additional 125 square feet of water areas. Clubhouses are parked at 1 space per 200 square feet. A southern access to Collier Boulevard is in close proximity to a bridge and thus may not be approved by FDOT, Collier Boulevard is a State road. Further, Henderson Creek Drive is a Right of Way that was created by a 30' taking from the subject property to the North. This taking was done by quit claim deed to Collier County so no easement was established. Access should be available along Henderson Creek Drive through Collier County Right -of -Way permitting. Further traffic analysis is required to conclude if necessary, however a turn lane with associated 10' minimum compensating right of way may be required for the access off Henderson Creek Drive. This would further restrict the site's developable envelope if required. Stormwater The conceptual site plan indicates that a retention pond and dry retention Swale will be constructed on site, and due to the scale of the development an underground vault system will be required. Further analysis will be required to determine the volume of water retention required on site to support the development. I c-. LEGEND PROPOSED PAVED SURFACE STANDARD CONCRETE SECTION CONCEPTUAL BUILDING FOOTPRINT LANDSCAPE AREAS RECREATION IN GRASS AREAS PRESERVE AREA —� PROPOSED SIGN LOCATION R�� 15' TYPE 'B' LB 64' — R30' �V Q 30' W FRONT YARD SETBACK U 15.00' ESMT ORB 4395, W PG 4151 UTILITY PROPOSED 5' SIDEWALK GENERAL NOTES: PLANNING NOTES: ZONING: C-3/MH DEVELOPMENT TYPE/LAND USE: MULTI —FAMILY BUILDING CONSTRUCTION TYPE: TYPE XA OR XB FULLY SPRINKLERED TOTAL BUILDING FOOTPRINT AREA: 24,505 SQ. FT. GROSS FLOOR AREA: 24,505 SQ. FT. BUILDING AREA UNDER ROOF: 147,030 SQ. FT. BUILDING USE: MULTI —FAMILY REQUIRED PROVIDED MINIMUM LOT AREA: 43,560 SQ. FT. 308,807 SQ. FT. MINIMUM LOT WIDTH: 150' 198, *MINIMUM BUILDING SEPARATION:* 15' 48' **PARKING REQUIREMENTS:** 326 SPACES 296 SPACES HANDICAP SPACES REQUIRED: 7 SPACES 7 SPACES HANDICAP SPACES REQUIRED (INCLUDED IN OVERALL PARKING PROVIDED): 201 SPACES TO 300 SPACES: 7 SPACES REQUIRED PARKING CALCULATION MAIN BUILDING UNIT TYPE: GUEST: 1 BED — 64 UNITS @ 0.75 SPACES= 64 SPACES 48 SPACES 2 BED — 83 UNITS @ 1 SPACE= 84 SPACES 84 SPACES 3 BED — 12 UNITS @ 1 SPACE= 12 SPACES 12 SPACES 160 SPACES TOTAL 144 SPACES TTOTAL CLUB HOUSE: 3,513 SF / 200 SF= 18 SPACES POOL: 1,200 SF (1,000/75= 13.3 + 200/125 = 1.6) =15 PER 0.25 = 4 SPACES TOTAL PARKNG REQUIRED: 326 SPACES w w U :D 0 m (Y- :D Y Q�U � �� LO m �- >>- M o>-w W 0 Uj �� 40.00' cn o PERPETUAL ESMT o Fy OR 5811, PG 636 c) a_ w I •n•� m it 1. THE STORMWATER MANAGEMENT SYSTEM IS CONCEPTUAL IN NATURE AND SUBJECT o TO CHANGE PENDING STORMWATER MODELING. 2. THIS CONCEPT PLAN LAYOUT IS SUBJECT TO CHANGE AS A RESULT OF NEW INFORMATION, REQUIREMENTS, REQUESTS, AND FEEDBACK FROM PERMITTING ENTITIES. 3. 60' BUILDING HEIGHT USED TO DETERMINE SETBACKS. 0 U U / U 0 t)IE DAVIDSON E N G I N E E R I N G ESTABLISHED 195 4365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 Company Cert. of Authorization No. 00009496 F it 22 O LTI o w��C ° Nzmoo — 91 0 � Y U O Q CO 0 � J 0 15' TYPE 'B' LB WATER I 30' MANAGEMENT SIDE YARD SETBACK AREA f 13,536 SF CD 801 .8 PROPOSED BUILDING FOOTPRINT ±24,505 SF 0 pwm N �7_ PROPOSED SIDEWALK TO BE CONNECTED TO EXISTING COLLIER BL VD m Y PROPERTY LINE U yam o}m ww ocn DRAINAGE ESMT TOTAL PARKING SPACES ON -SITE: 296 ni 81 91 91 91 — — PROPOSED 6' SIDEWALK COLLIER BLVD WF HOUSING 8 ORB 76, PG 12 \ 10.01' PRESERVE \ SETBACK \ PRESERVE AREA \ TOTAL AREA: 1.19 AC \ \ RECLYCLING ENCLOSURE TRASH COMPACTOR - L.B.- 91 91 � 91 91 91 91 91 91 91 i I \ I � I 1 I I I � I � 45.00' DRAINAGE ESMT ORB 76, PG 127 gP S SHEET: CONCEPT PLAN 1 REVISIONS REV. DATE DESCRIPTION COLLIER BOULEVARD WORKFORCE HOUSING Ecological Assessment SECTIONS 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA Prepared For: Davidson Engineering v 4365 Radio Road #201 DAVIDSON Naples, FL 34104 E N G I N E E R I N G Prepared By: Earth Tech Environmental, LLC 4 10600 Jolea Avenue 001 �:r / Bonita Springs, FL 34135 EARTH TECH 239.304.0030 ENVIRONMENTAL www.eteflorida.com August 10, 2023 Ecological Assessment TABLE OF CONTENTS 1.0 INTRODUCTION..................................................................................................................................... 3 2.0 PROPERTY LOCATION............................................................................................................................ 3 3.0 EXISTING SITE CONDITIONS...................................................................................................................4 4.0 PARCEL HISTORY...................................................................................................................................5 5.0 PRELIMINARY WETLAND ASSESSMENT............................................................................................... 11 5.1 SOILS................................................................................................................................................................ 11 5.2 WETLAND HYDROLOGY....................................................................................................................... 12 5.3 FLUCCS VEGETATION MAPPING.......................................................................................................... 12 5.4 UPLAND COMMUNITIES..................................................................................................................... 13 5.5 WETLAND COMMUNITIES.................................................................................................................. 14 5.6 OTHER SURFACE WATERS(OSW).......................................................................................................14 5.7 EXISTING NATIVE VEGETATION.......................................................................................................... 15 6.0 LISTED SPECIES................................................................................................................................... 16 7.0 DISCUSSION & SUMMARY.................................................................................................................. 17 8.0 REFERENCES....................................................................................................................................... 22 EXHIBITS Figure 1 Location Map Figure 2 Site Vicinity Map Figure 3 Aerial Map Figure 4 NRCS Soils Map Figure 5 FLUCCS Map Figure 6 Existing Native Vegetation Figure 7 Anticipated Jurisdictional Wetlands Earth Tech Environmental, LLC www.eteflorida.com Ecological Assessment 1.0 INTRODUCTION Earth Tech Environmental (ETE) conducted an Ecological Assessment (EA) on the property referred to as Collier Boulevard Workforce Housing (Subject Property) prior to development. The field assessment occurred on August 7, 2023, by an ETE ecologist. The purpose of the assessment was to: 1. Determine the vegetation mapping on the Subject Property according to Florida Land Use Cover and Forms Classification System (FLUCCS). 2. Under current conditions, determine the presence and approximate location of any environmentally sensitive lands such as wetlands. 3. Evaluate the Subject Property for potential listed species concerns. 2.0 PROPERTY LOCATION The Subject Property for this report consists of two (2) parcels (PIN: 00725640004, 00725040002). The Subject Property is located on the east side of Collier Boulevard, approximately 0.20-miles south of US- 41, in Collier County, Florida (see Figures 1 & 2). The Subject Property boundary was obtained from Davidson Engineering and totals approximately 7.09 acres. A U,, 7 Earth Tech Environmental, LLC • r 1 : ACKSON r r� EARWAT R �9 TPE ERSBURG CAPE, CORAL • COLLIER OKE PINE COUNTY • li Figure 1. Location Map ... PROPERTY www.eteflorida.com 9 Ecological Assessment 3.0 EXISTING SITE CONDITIONS The Subject Property is located on the north side of Henderson Creek. The southwestern portion of the property contains a single-family home and driveway. The northern portion of the property consists of upland forested areas in addition to disturbed land. The remainder of the property is undeveloped and vegetated. Property access is to the west off of Collier Boulevard as well as to the north off Henderson Creek Drive. The Subject Property contains the following surrounding land uses: North: Henderson Creek Drive/Residential East: Multi -Family Residential South: Henderson Creek/Residential West: Collier Boulevard/Institutional Figure 2. Site Vicinity Map Earth Tech Environmental, LLC www.eteflorida.com Ecological Assessment Figure 3. Aerial Map 4.0 PARCEL HISTORY A historic aerial analysis was conducted on the Subject Property dating back to the 1940s. The southern portion of the property appears to have originally been partially cleared and developed between 1952 and February 8, 1975, with a residence and agricultural operations, as well as a road in the northern portion of the property. Additional development occurred in the northeastern portion of the property between 1975 and 1985 with residential development. The agricultural operations appear to have been abandoned between 1985 and 1993. The residences in the northeast appear to largely have been demolished by 1999. Revegetation has successively occurred since, primarily in the northern portion of the property. No additional development appears to have occurred on the property. See historical images below. A permit search was conducted through the South Florida Water Management District's (SFWMD) ePermitting Web App and the Florida Department of Environmental Protection's (FDEP) Map Direct websites- no permits/applications were identified on the Subject Property. Earth Tech Environmental, LLC www.eteflorida.com Ecological Assessment Jr i Image 1. 1940s Aerial Imagery (Map Direct) TrLO - a.-.jw% �P7.Sq FAR i i ;of 7 1 •4 .r Ak 4r r1 • 4. _ a a �. • i 1?4wp Image 2. 1952 Aerial Imagery (UF Digital Collections) Earth Tech Environmental, LLC www.eteflorida.com 6 Ecological Assessment Earth Tech Environmental, LLC Image 3.1975 Aerial Imagery (LABINS) 77 - � c4 , M1 Image 4.1985 Aerial Imagery (LABINS) www.eteflorida.com 7 Ecological Assessment Earth Tech Environmental, LLC Image S. 1993 Aerial Imagery (LABINS) s t go rul".4vL, - -, - Image 6. 1999 Aerial Imagery (Google Earth) www.eteflorida.com 8 a.yrolp mr ,w or mqrri J "d 1 � Y F Fil I Ad �* ,y J•( = w i. � is^e U 5. Ceolo`dioal Survey it F' 'a 2fJ2'.i' cwrs � airous + � r Ecological Assessment 5.0 PRELIMINARY WETLAND ASSESSMENT The South Florida Water Management District (SFWMD), Florida Department of Environmental Protection (FDEP), and/or the U.S. Army Corps of Engineers (USACE), are the agencies that regulate development activities in wetlands. In general, to be considered a wetland by the agencies, the area should exhibit hydric soils, wetland hydrology, and wetland vegetation. Ultimately, these agencies have the final say in determining if a property contains wetlands in Florida, despite the opinions of the preparer of this report. ETE searched the Subject Property for indicators of the aforementioned parameters. 5.1 SOILS The soils on the Subject Property have been previously mapped by the Natural Resource Conservation Service (NRCS). These mappings are general in nature but can provide a certain level of information about the site as to the possible extent of wetland areas. According to NRCS, the entire Subject Property is underlain with two (2) soil types: • Holopaw fine sand (hydric soil) • Urban land, Holopaw-Basinger Complex (unranked) See Figure 4 below for NRCS mappings on the Subject Property. Earth Tech Environmental, LLC Figure 4. NRCS Soils Map www.eteflorida.com is Ecological Assessment 5.2 WETLAND HYDROLOGY Wetland hydrology is normally present if the soil is saturated or inundated for a long duration, which in South Florida normally occurs during the rainy season. In our region, the rainy season occurs in the summer through early fall. Therefore, if an area exhibits soil saturation or is inundated for an extended period of time, the area is considered to have wetland hydrology. In the absence of visual signs of saturation or inundation, one may use secondary indicators of hydrology such as adventitious rooting, lichen lines, or algal matting. The field assessment for this report was conducted during the rainy season. 5.3 FLUCCS VEGETATION MAPPING Vegetation communities were mapped on the property according to the Florida Land Use, Cover and Forms Classification System (FLUCCS) (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999) used by the regulatory agencies. Vegetation is one parameter used in determining the presence of a wetland. Wetland vegetation is present if the majority of the plants present in the habitat are those which are adapted to saturated soil conditions. The Florida Invasive Species Council's (FISC) list of invasive species contains Category I and Category II species that may be found on the Subject Property. Category I species are invasive exotics that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives. Category II species are invasive exotics that are increasing in abundance or frequency but have not yet altered Florida plant communities. A significant factor in mapping vegetative associations and local habitats is the invasion of these species such as Brazilian pepper (Schinus terebinthifolia), earleaf acacia (Acacia auriculiformis), and melaleuca (Melaleuca quinquenervia). Levels of exotic density were mapped by using field observations and photo interpretation as shown in Figure 5. Modifiers, or "E" designators, are appended to the FLUCCS codes to indicate the approximate density of exotics within each FLUCCS community. Listed below are the FLUCCS communities identified on the site. The community descriptions correspond to the mappings on the FLUCCS map in Figure 5. See Florida Land Use, Cover and Forms Classification System for definitions. All acreages are approximate as boundaries have not been surveyed/flagged in the field. TABLE 1. VEGETATION COMMUNTY SUMMARY FLUCCS CODE DESCRIPTION ACREAGE 110 Residential 0.49 400-E3 Upland Forests (51-75% Exotics) 0.22 422 Brazilian Pepper 0.11 425-E2 Temperate Hardwood (26-50% Exotics) 1.84 425-E3 Temperate Hardwood (51-75% Exotics) 3.13 510 Streams and Waterways 0.28 612-E2 Mangroves (26-50% Exotics) 0.15 740 Disturbed Lands 0.82 814 Roadways 0.05 TOTAL: +/-7.09 E1 = Exotics <25% of total cover E2 = Exotics 26-50% of total cover E3 = Exotics 51-75% of total cover E4 = Exotics >75% of total cover Earth Tech Environmental, LLC www.eteflorida.com Ecological Assessment Figure S. FLUCCS Map FLUCCS DESCRIPTIONS: * = exotic species 5.4 UPLAND COMMUNITIES The majority of the property consists of disturbed areas which lack wetland vegetation and signs of hydrology. The following would likely be considered uplands: FLUCCS 110, Residential This community is found in the southern portion of the Subject Property. It consists of a single-family residence, storage building and associated dirt driveway. Vegetation is limited primarily to ornamentals. FLUCCS 400-E3, Upland Forest (51-75% Exotics) This community is found near the western property boundary. It consists primarily of exotic vegetation. Canopy includes *earleaf acacia (Acacia auriculirormis), *Brazilian pepper (Schinus terebinthifolia), *leadtree (Leucaena leucocephala), and strangler fig (Ficus aurea). Mid -story is largely absent. Groundcover consists of St. Augustinegrass (Stenotaphrum secundatum) and *oxeye daisy (Sphagneticola trilobata). FLUCCS 425-E2, Temperate Hardwood (26-50% Exotics) This community is found in the southern portion of the Subject Property. Canopy consists primarily of live oak (Quercus virginiana), cabbage palm (Saba) palmetto), and *earleaf acacia, with lesser amounts of slash Earth Tech Environmental, LLC www.eteflorida.com 13 Ecological Assessment pine (Pinus elliottii). Mid -story is largely absent, consisting of similar species, as well as sparse myrsine (Myrsine cubana). Groundcover consists of St. Augustinegrass, *oxeye daisy, *shrubby false buttonweed (Spermacoce verticillata), nightshade (Solanum spp.), ragweed (Ambrosia artemisiifolia), *Guineagrass (Urochloa maxima), and *elephant's ear (Xanthosoma sagittifolium). FLUCCS 425-E3, Temperate Hardwood (51-75% Exotics) This community is found in the northern portion of the Subject Property and consists of similar species, though with greater density of exotic vegeation, primarily *torpedograss (Panicum repens), *smutgrass (Sporobolus indicus), and *Mexican clover (Richardia spp.). FLUCCS 740. Disturbed Lands This community is found scattered throughout the northern portion of the property. It consists primarily of remnant roads containing primarily *torpedograss, with lesser amounts of *shrubby false buttonweed, turkey tangle fogfruit (Phyla nodiflora), and fingergrass (Eustachys spp.). 814, Roadways This community is found along the northern property boundary and includes Henderson Creek Drive and associated right-of-way. 5.5 WETLAND COMMUNITIES Based on the presence of wetland vegetation, the following communities may be considered as wetlands by the regulatory agencies: 612-E2, Mangroves (26-50% Exotics) This community is found along the southern property boundary. All strata consist of white mangrove (Laguncularia racemosa), red mangrove (Rhizophora mangle), and *Brazilian pepper. The bank consists of inconsistent portions of seawall and rip -rap. 5.6 OTHER SURFACE WATERS (OSW) The following communities will likely be considered as Other Surface Waters. 510, Streams and Waterways This community is found along the southern property boundary and consists of the Caloosahatchee River. Earth Tech Environmental, LLC www.eteflorida.com 14 Ecological Assessment 5.7 EXISTING NATIVE VEGETATION Based on the habitat descriptions above, approximately 5.33 acres would be considered native vegetation, consisting of both upland and wetland communities. See Figure 6 below. Figure 6. Existing Native Vegetation Based on the habitat descriptions above, Figure 7 shows the anticipated wetland limits on the Subject Property. Approximately 0.15 acres of anticipated jurisdictional wetlands (southern mangrove fringe) have been identified on the site in addition to +/-0.28 acres of OSWs (Henderson Creek- retained waters). All acreages are approximate as boundaries have not been GPS-recorded in the field. Earth Tech Environmental, LLC www.eteflorida.com 15 Ecological Assessment Figure 7. Anticipated Jurisdictional Wetlands 6.0 LISTED SPECIES The Subject Property does have community types in which protected species could reside, though the site is largely isolated and surrounded by development. During ETE's preliminary investigation, no listed species or signs of listed species were observed. A formal Protected Species Survey would be needed prior to development to document the presence or absence of any listed species utilizing the property. During permitting, the following listed species concerns may be raised by the agencies: Big Cypress Fox Squirrel (Sciurus niger avicennia) The Subject Property falls within the distribution range for Big Cypress fox squirrel. The property contains suitable habitat for fox squirrel, though is largely fragmented from contiguous offsite habitat. Should Big Cypress fox squirrel be observed utilizing the property, a Management Plan and coordination with the regulatory agencies will likely be required before development may occur. Florida Bonneted Bat (Eumops floridanus) The Subject Property falls within the United States Fish & Wildlife Service's (USFWS) bonneted bat consultation area. The property is surrounded by development and lacks trees/habitat typical of bonneted bat roosting. Earth Tech Environmental, LLC www.eteflorida.com Ecological Assessment Gopher Tortoise (Gopherus polyphemus) The Subject Property contains potentially suitable habitat for gopher tortoise. During the site visit, no tortoise or burrows were observed, though a formal Protected Species Survey would be needed to rule out the presence of gopher tortoise on the property. Smalltooth Sawfish (Pristis pectinate) If dock construction or in -water work is proposed, consultation with the wildlife regulatory agencies may be required for smalltooth sawfish. West Indian Manatee (Trichechus manatus) If dock construction or in -water work is proposed, consultation with the wildlife regulatory agencies may be required for West Indian manatee. 7.0 DISCUSSION & SUMMARY Wetland locations were drawn using a non -rectified aerial with approximate property boundaries. Approximate wetland limits have not been flagged in the field or verified by SFWMD, FDEP, or USACE. Per ETE's FLUCCS mapping, the site contains approximately 0.15 acres of anticipated jurisdictional wetlands, and +/-0.28 acres OSWs. The South Florida Water Management District (SFWMD) is the regulatory agency that handles wetlands and storm water management permitting on the state level. A wetland jurisdictional determination is required during the environmental resource permitting process if impacts to wetlands are proposed. An Environmental Resource Permit (ERP) from the SFWMD and a State 404 permit from USACE (due to the property's adjacency to navigable waters) will be required for authorization to fill and/or dredge onsite wetlands. OSWs require a permit to impact, though mitigation is generally not required. Any impacts to onsite wetlands will require mitigation to offset the impacts. Mitigation is typically provided through the purchase of off -site wetland credits at an approved wetland mitigation bank prior to commencement of construction. Uniform Mitigation Assessment Methodology (UMAM) worksheets along with the acreage of wetland impacts are used to calculate the exact number of functional units that would be required to offset wetland impacts. The cost of one forested saltwater credit is currently $250,000 at Little Pine Island Mitigation Bank. Approximately 5.33 acres of existing native vegetation have been identified on the Subject Property. A preserve requirement based on existing native vegetation will be required. See below for site photographs. Earth Tech Environmental, LLC www.eteflorida.com 17 N Ecological Assessment Earth Tech Environmental, LLC Northern portion of the property, facing south Northern portion of the property, facing east www.eteflorida.com 21 Ecological Assessment 8.0 REFERENCES Aerial Photography: Florida. University of Florida Digital Collections. https://ufdc.ufl.edu/collections/aerials Accessed: 8/9/23. Atlas of Florida Plants. Institute for Systematic Botany. https://florida.plantatlas.usf.edu/ Accessed: 8/7/23. Collier County Property Appraiser. https://collierappraiser.com Accessed: 8/4/23. ePermitting Web App. South Florida Water Management Geospatial Services. https://apps.sfwmd.gov/WAB/ePermittingWebApp/index.htmI?mobileBreakPoint=300&slaver=0&exprn um=0&esearch= Accessed: 8/9/23. "Florida's Endangered and Threatened Species"- Official List. Florida Fish & Wildlife Conservation Commission. Updated December 2022. https://mvfwc.com/media/1945/threatened-endangered-species.pdf http://mvfwc.com/imperiledspecies/ Florida Invasive Species Council's (FISC) 2019 List of Invasive Plant Species https://floridainvasivespecies.org/plantlist.cfm Accessed: 8/7/23. Florida Land Use, Cover and Forms Classification (FLUCCS) Handbook. Florida Department of Transportation, Surveying & Mapping Geographic Mapping Section. January 1999. http://www.fdot.gov/geospatial/documentsandpubs/fluccmanua11999.pdf http://www.fdot.gov/geospatial/doc pubs.shtm Google Earth Historical Images. https://www.google.com/earth/ Accessed: 8/9/23. Land Boundary Information System (LABINS). Florida Department of Transportation APLUS website. https://fdotewpl.dot.state.fl.us/AerialPhotoLookUpSystem/ Accessed: 8/9/23. Map Direct. Florida Department of Environmental Protection. https://castg.dep.state.fl.us/mapdirect/ Accessed: 8/9/23. Soil Survey of Collier County, Florida. United States Department of Agriculture. Soil Conservation Service. 1998. Earth Tech Environmental, LLC www.eteflorida.com `l0: Site Specific Criteria • Quantity of units: 160 Units (100% affordable) • Dwelling Types o 5-Story or 6-story Concrete Mid -rise building (Pending County Feebdack) ■ Sixty -Four (64) 1BR/1BA Units ■ Eighty -Four (84) 213R/213A Units ■ Twelve (12) 313R/213A Units • Proposed Set -Aside Break Down is as follows: 0 24 Units at 30% AMI (ELI) (15% of Total Units) 0 64 Units at 60% AMI (40% of Total Units) 0 72 Units at 70% AMI (45% if Total Units) • All of the AMI levels of the development will be below 120% AMI which meets the goal of the Community Housing Plan. • The Requirement of all 100% units in the development are affordable is being met. • A full range of income needs is provided and MHP is open to discussing with the county on adjustments to the set -asides. • An appraisal will be made on the property prior to determine the ensure that the current terms of the PSA do not exceed the appraised value. • The site is in Zone A of the Disaster Evacuation Zone map. MHP is committed to working the County to ensure that all steps necessary are taken for the safety of the proposed development's citizens and the rest of Collier County's residents. • A Phase I has been performed on the subject site that showed no recognized environmental conditions and didn't recommend further testing for a Phase II. • All utilities are currently available to the site. (See Verified Letters from the County) • Per the ecological assessment, .15 acres of the site was found to contain jurisdictional wetlands which is well below the maximum of 20%. • Transportation: The development is located on an Arterial Road • Shovel Ready: Given the recent passing of SB 102, as of July 1, 2023, the site will be shovel ready. MHP, CCLT and the County will work to devise the optimal development plan and go straight into a Site Development Plan application. • Density: MHP is currently proposing a total of 160 units but is open to working with the County to get a higher number of units if the development plan allows it. • Proximity: The development is in a commercial corridor with close proximity to transportation, schools, grocery stores and pharmacy. • Topography: The site is in Flood Zone AE. MHP will design the buildings to have a higher Elevation that will allow the for a LOMR. Additional Information: The main additional piece of information that is very important to stress as it relates to the subject property is that it is located within a Qualified Census Tract ("QCT'), Census Tract 111.03. The reason that this is so important is that the site is in a QCT is because it is rarely feasible to develop an affordable project using 4%tax credits and tax-exempt bonds if the project is not located withing a QCT or a Small Area Difficult Development Area ("SADDA"). EKOS ON COLLIER - OCTOBER 2023 9 The reason behind this is that a project that is located within a QCT or SADDA will generate an additional 30% of eligible basis as it relates to tax credits generated. It is very rare to find a subject site in Collier County that is in either QCT or SADDA. Ekos on Collier being located within a QCT gives this project a distinct advantage over any subject site that is not located within a QCT or SADDA, because the financing gap will be significantly less on any proposed project due to the additional 30% in eligible basis. There is an existing vacant building on site. The project team will make sure that after demolition that the proper restoration is done and that the project meets all preserve requirements. We are aware that the property is in a coastal high hazard zone and would like to work directly with staff to make sure that we look at all options available to ensure that there is a plan in place to deal with any natural disasters that occur. We are open to any staff recommendation and will take any necessary steps to make sure that the residents will be safe during emergency situations. EKOS ON COLLIER - OCTOBER 2023 10 FLORIDA HOUSING FINANCE CORPORATION VERIFICATION OF AVAILABILITY OF INFRASTRUCTURE SEWER CAPACITY, PACKAGE TREATMENT, OR SEPTIC TANK Name of Development: Ekos on Collier East side of Collier Blvd., southeast of the Intersection of Henderson Creek Dr. and Development Location: Collier Rlvri_l lnincorporatpd Gnllipr C:nuntV, R , At a minimum, provide the address number, street name and city and/or provide the street name, closest designated intersection and either the city if located within a city) or county (if located in the unincorporated area of the county). The location of all Scattered Sites, if applicable, must also be included. Number of Units in the Development: 160 This number must be equal to or greater than the number of units stated by the Applicant in Exhibit A of the RFA. The undersigned service provider confirms that, as of the date that this form was signed, Sewer Capacity or Package Treatment is available to the proposed Developments or there are no known prohibitions to installing a Septic Tank system with adequate capacity for the proposed Development location or, if necessary, upgrading an existing Septic Tank system with adequate capacity for the proposed Development location. To access such waste treatment service, the Applicant may be required to pay hook-up, installation and other customary fees, comply with other routine administrative procedures, provide easements, and/or remove, relocate, install or construct line extensions and other equipment, including but not limited to pumping stations, in connection with the construction of the Development. Execution of this document does not guarantee that waste treatment service will be available to the Applicant in the future and does not provide the Applicant with any vested rights to receive waste treatment service. The availability of waste treatment services is subject to the approval of all applicable governmental agencies having jurisdiction over these matters. For projects located within Miami -Dade County, the Applicant is advised that the right to connect the referenced property to the Department's sewer system is subject to the terms, covenants and conditions set forth in court orders, judgments, consent orders, consent decrees and the like entered into between the County and the United States, the State of Florida, and/or any other governmental entity, including the Consent Decree entered on April 9, 2014, in the United States of America, State of Florida and State of Florida Department of Environmental Protection v. Miami -Dade County, Case No. 1:12-cv-24400-17AM, as well as all other current, subsequent or future enforcement and regulatory actions and proceedings. CERTIFICATION I certify that the foregoing information is true and correct. Signature Print or Type Name 0f*J i A) Y l C c tcl Print or Type Title Y- Name of Entity Providing Service Address (street address, city, state) Yl 3a �f z�.s2.2.�a� Date Signed Telephone Number (including area code) This certification may not be signed by the Applicant, by any related parties of the Applicant, or by any Principals or Financial Beneficiaries of the Applicant. In addition, signatures from elected local government officials are not acceptable. If there are alterations made to this form that change the meaning of the form, the form will not be accepted. (Form Rev. 07-2022) FLORIDA HOUSING FINANCE CORPORATION VERIFICATION OF AVAILABILITY OF INFRASTRUCTURE - WATER Name of Development: Ekos on Collier East side of Collier Blvd., southeast of the Intersection of Henderson Creek Dr. and Collier Blvd., Unincorporated Collier County, FL Development Location: At a minimum, provide the address number, street name and city and/or provide the street name, closest designated intersection and either the city if located within a city) or county (if located in the unincorporated area of the county). The location of all Scattered Sites, if applicable, must also be included. Number of Units in the Development: 160 This number must be equal to or greater than the number of units stated by the Applicant in Exhibit A of the RFA. The undersigned service provider confirms that, as of the date that this form was signed, the above referenced Development Location met the following: 1. Potable water is available to the proposed Development, subject to item 2 below. 2. To access such water service, the Applicant may be required to pay hook installation and other customary fees, comply with other routine administrative procedures, provide easements, and remove, relocate, install or construct line extensions and other equipment, including but not limited to pumping stations, in connection with the construction of the Development. Execution of this document does not guarantee that water service will be available to the Applicant in the future and does not provide the Applicant with any vested rights to receive water service. The availability of water services is subject to the approval of all applicable governmental agencies having jurisdiction over these matters. CERTIFICATION I certify that the foregoing information is true and correct. Signature Print or Type �UNI�N � �('zC Print or Type rtle Name Date Signed Name of Entity Providing Service Z,,'0d /VT E4Ts�e5t?c•6 0 Address (street address, city, state) Telephone Number (including area code) This certification may not be signed by the Applicant, by any related parties of the Applicant, or by any Principals or Financial Beneficiaries of the Applicant. In addition, signatures from elected local government officials are not acceptable. If there are alterations made to this form that change the meaning of the form, the form will not be accepted. (Form Rev. 07-2022) FLORIDA ROUSING FINANOE CORPORATION VERIFICATION OF AVAILABILITY OF INFRASTRUCTURE - ROADS Name of Development: Ekos on Collier East side of Collier Blvd., southeast of the Intersection of Henderson Creek Dr. and Collier Blvd., CFL Development Location: Unincorporated Collier oiuity At a m;nimtini� provide the address number, street name and city and/or provide the street name, closest designated intersection and either the city (if located within a city) or county (if located in the unincorporated area of the county)_ The location of all Scattered Sites, if applicable, must also be included. The uuidersigned sei�-ice provider confuYus that, as of the date that this foiYn was signed, the above referenced Development Location met the following: 1. Existing paved roads pro�ride access to the proposed Development, or there are mo kuow-n impediments to the construction of paved roads to connect part of the proposed Development to existing paved roads, 2. There are no impediments to the proposed Development using the roads other than payment of impact fees or providing curb cuts, turn lanes, sigmalization, or securing required final approvals and permits for the proposed Development, and 3. The execution of this verification is not a �antimg of traffic concuurency approval for the proposed Development. CERTIFICATION I certify that the foregoing information is hue and conYect0*40 Signat re !� Print or Type Name ��TI rint or Type tle P Date Signed C�l (� C v C-e/ L I Name of Entity Providing Service � �Ya® /�', 1( vse,, 4e� r)r, Address (street address, city, state) Telephone Number (including area code) This certification may not be signed by the Applicant, by an_y related parties of the Applicant, or by any Principals or Financial Beneficiaries of the Applicant. In addition, signatures from elected local government officials are not acceptable. If there are alterations made to this form that change the meaning of the form, the form will not be accepted_ (Form Rev_ 08-20) Exhibit 3 — Financing & Cost of Services to the County McDowell Housing Partners ("MHP") proposed that the county use $3,750,000 from the Surtax Fund to purchase subject site. The enclosed Purchase and Sale Agreement will be assigned over to Collier County. Collier County would then close on the land using the county's surtax funds. At closing the county would then enter a 99-year land lease with Collier Community Land Trust ("CCLT"). CCLT and the county would then enter into a development agreement with MHP. The development agreement with MHP would outline the development requirements of the proposed project and the affordability restrictions. Utilizing CCLT as the intermediary between MHP and the county will keep the project affordable in perpetuity and allow the county to have a trusted partner that has a proven track record successfully providing affordable housing that aligns with the county's goals. The development agreement that is entered into with MHP will ensure that the county is able to oversee the development program and provide valuable input as it relates to the final product. We have provided detailed financial projections enclosed for review. As you will notice looking from the proforma, the project is feasible already if the land is to be acquired through the county's surtax program. MHP will look for other funding sources to enhance the project further, but at a minimum MHP will be able to begin developing the project immediately once entered into the development agreement. EKOS ON COLLIER - OCTOBER 2023 11 Ekos on Collier - Naples, FL - Family Project Setup Project Information Project Name Ekes on Collierl Demographic Family City, State Naples, FL Land (Acres) 7.4 County Collier Max Density 160 Developer Bill Zunamon Zoning C-3 OwnershipEnti TBD Address 6360 Collier Blvd, Naples, FL Deal Info Deal Type: 4% Acquisition: No Rental Set -Aside Type Avg Inc Test Project Type: NC Mid -rise Concrete # of Buildings: 4 # of Floors: 3 # of Elevators: I I MCDOWELL HOUSING PARTNERS An Aftlate ojMcDorvell Properties TimingDate Elapsed Cumulative Predevelopment Start Date Se 22 Months Months Closing Date Oct-24 First Unit Occupied (# of Occupied upon initial C/O) 35 Fe1-26 16 16 Last Unit Occupied (# of Occupied per month) 100% QO 35 Jun-26 4 20 Permanent Loan Closing Date Oct-26 4 24 Unit Type Studio 1/1 212 312 Units %Units Utilities Included 0 0% 64 40% W/S & Electric 84 53% W/S & Electric 12 8% W/S & Electric rvew Harmon UA 700 100 900 1,200 118 136 Total 843 160 100% Set Aside %Units %Income %of Scl Ft 30% 15.0% 7% 15% 50% 0% 0% 0% 60% 40% 40% 40% 70% 45% 53% 45% Total 100% 100% 100% %Affordable 100% 100% 100% Residential Rent Schedule # of Units Rent Limit Market 2024 Rents LIHTC Rents Net Rent Total Rent Month" Total Rent Annual Total S . Ft. Rent P.S.F. Rent Per Unit 1/1 10 16% 30% 700 594 494 4,941 59,292 7,000 0.71 5,929 1/1 26 41% 60% 700 1,189 1,089 28,321 339,848 18,200 1.56 13,071 1/1 28 44% 70% 700 1,387 1,287 36,044 432,529 19,600 1.84 15,447 2/2 12 14% 30% 900 714 596 7,149 85,790 10,800 0.66 7,149 2/2 34 40% 60% 900 1,428 1,310 44,528 534,335 30,600 1.46 15,716 2/2 38 45% 70% 900 1,665 1,547 58,801 705,614 34,200 1.72 18,569 3/2 2 17% 30% 1,200 824 686 1,373 16,471 2,400 0.57 8,235 3/2 4 33% 60% 1,200 1,649 1,511 6,043 72,521 4,800 1.26 18,130 3/2 6 50% 70% 1,200 1,923 1,785 10,711 128,530 7,200 1.49 21,422 Total 160 Inc Avg 60.00 % 134,800 10,306 197,911 2,374,932 134,800 1.47 14,843 Operating Expenses MHP Expenses P.S.F. Total Per Unit rentab"e Notes Management Fee (3% of EGI) 71,286 446 0.53 3% Admen 40,000 250 0.30 Contracted Services 0 0 0.00 Leasing and Marketing 8,000 50 0.06 Repairs and Maintenance 96,000 600 0.71 Payroll 176,000 1,100 1.31 Utilities 64,000 400 0.47 Real Estate Taxes 88,000 550 0.65 Insurance 240,000 1,500 1.78 Replacement Reserves 48,000 300 0.36 Total 831,286 5,196 6.17 Investor Asset Mgmt Fee 7,500 Senior Debt Service Coverage P&I 1.15x D eratln Assum tions Per Year Total ✓acancy Rate 5.00% 118,747 Rental Income Growth 2.00% Dther Income Growth 3.00% xpense Growth 3.00% Dther Income Unitlmo % Unitlr Per Annum Nasher/Dryer 50 85% 510 81,600 4ncillary 20 100% 240 38,400 able Income 80% - - rrash Valet 0% - - Dther 0% rota) Other Income 63 750 120,000 1 of 1 I I MCDOWELL HOUSING PARTNERS An ABWare ofMcDowed Properdes Ekos on Collier - Naples, Fl- - Family Capital Stack Sources AmorL Debt Per Unit Amount Rate Constr Perm 0=1/O IIO Soft DSCR Min. DSC Yr 1 For. Fund Mo. Pa y Yr. Pa Hard Debt Construction Loan Proj. $28,326,623 $28,500,000 7.00% Yes No 0 0.50% 0.00% No $166,250 $1,995,000 Bridge Loan $0 7.00% Yes No 0 W/Bond Fees 0.00% 0.00% $0 $0 Permanent Loan 6.60% $122,500 $19,600,000 6.00% No Yes 480 OYears 1.15x 1.15 1.00% 0.00% No $107,842 $1,294,102 Permanent Loan 2 $0 $0 0.00% No Yes 0 1.15x 1.14 0.00% 0.00% $0 $0 Permanent Loa $0 $0 0.00% No Yes 0 1.15x 1.14 0.00% 0.00% $0 $0 Soft Debt SAIL 0 $0 $0 1.00% Yes Yes 0 Yes 1.10x 1.15 1.00% 0.00% $0 $0 EL I $0 $0 0.00% Yes Yes 0 Yes 1.10x 1.15 0.00% 0.00% $0 $0 County $23,438 3,750,000 0.00% Yes Yes 0 Yes 1.10x 1.15 0.00% 0.00% $0 $0 Self Source 0% $0 $0 6.00% Yes Yes 0 Yes 1.10x 1.15 0.00% 0.00% $0 $0 Tax Credit E Ity Total Credits Amount $ITC Constr Perm TC%4% TC%9% LIHTC Equity $21,047,155 $20,626,211 $0.98 Yes 4.00% 9.00% Historic LP Equity $0 $0 $0.00 Yes Yes Deferred D- oper Fee $3,584,639 Total Construction Sources 49,782,280 Total Permanent Sources 47:560,850 Total Permanent Uses $47,560,850 Ekes on Collier - Naples, FL - Family Sources & Uses MCDOWELL HOUSING PARTNERS An ABMk ofMCDowrQ 7 pro , Construction Loan Permanent Loan oft Debt SAIL ELI County Se9 Source Soo Loan 5 Soo Loan 6 Soft Loan 7 qulty LIHTC Equity 28,500,000 178,125 57.25% 0.00% - - 0.00% - - 0.00% 3,750,000 23,438 7.53% - - 0.00% 0.00% 0.00% 0.00% 17,532,280 109,577 35.22% Construction Phase Total Per Unit % Hard Costs Building Costs 25,127,193 157,045 54.7% GC Contingency - - 0.0% GC General Requirements 1,507,632 9,423 3.3% GC Overhead 502,544 3,141 1.1% GC Profit 1,507,632 9,423 3.3% FF&E 230,000 1,438 0.5% Recreational Items 5,000 31 0.0% Hard Costs Total 28,880,000 180,500 62.9% Hard Cost Contingency 5.0% 1,432,250 8,952 3.1% Hard Costs Total 30,312,250 189,452 66.0% Financing Costs Interest First Construction Loan Interest 1,049,479 6,559 2.3% Second Loan Interest Expense - - 0.0% Third Loan Interest Expense - - 0.0 Pre -Development Loan Interest - - 0.0% Negative Arbitrage - - 0.0% Interest Total 1,049,479 6,559 2.3% UHTC State Agency Administrative/Reservation Fees 9.00% 189,445 1,184 0.4% State Application Fees 3,000 19 0.0% State Compliance Fee - - 0.0% Credit Underwriting Fee 46,302 289 0.1 Syndication Fees/Invests Legal & DO 40,000 250 0.1 Tote, UHTC 278,747 1,742 0.6% Bond Costs Cost of Issuance 330,755 2.067 0.7% Fiscal or Placement Agent 35,000 219 0.1 TEFRA Fee 1,000 6 0.0% Initial Trustee as 8,500 53 0.0% Bond Issuer Fees 0.24% 136,800 855 0.3% Bond Counsel -Legal - - 0.0% Total Bond Costs 512,055 3,200 1.1% Financing Costs Total 1,840,281 11,502 4.0% Construction Period Costs Accounting Services 35,000 219 0.1% Construction Loan Origination Fee 142,500 891 0.3% Construction Loan Closing Costs 15,000 94 0.0% Construction Lender - Legal 45,000 281 0.1% Lender'nvestor Inspection Fees 16 Months 60,416 378 0.1 Agency Inspection Fees - - 0.0 Permanent Agency Lender's Fee- Freddie/Fannie 109,400 684 0.2% BuiMer's Risk & GL Const. Insurance 192,548 1,203 0.4% Property Taxes during Construction 10,000 63 0.0% Printing, Shipping, and Travel 10,000 63 0.0% Total Construction Period Costs 619,864 3,874 1.3% Permanent Period Costs Permanent can Origination Fee 196,000 1,225 0.4% Permanent Loan Closing Costs 25,000 156 0.1 Permanent Lender- Legal 75,000 469 0.2% Total Permanent Period Costs 296,000 1,850 0.6% Operations Insurance- Property/Liability 12 Months 240,000 1.500 0.5% Property Taws 8 Months 44,000 275 0.1 Marketing & Lease -up Cost 750 /Und 120000 750 0.3% Total Operations 404:000 2,525 0.9% Soft Costs Architecture Architects Design Fee 300,000 1.875 0.7% Architects Fee- Const. Supervision 75,000 469 0.2% Landscape Design 20,000 125 0.0% Interior Design 25,000 156 0.1% Specialty Design Services - - 0.0% Total Architecture 420,000 2,625 0.9% Engineering CMI (Incl. Const. Supervision) 150,000 938 0.3 % Planning, Zoning & Entideenl m - - 0.0% Surveying and Platting (Not in Civil) 20,000 125 0.0% Dry Utility Design 3,500 22 0.0% Construction Material Testing 50,000 313 0.1 Green Building Cart. &Inspections 27,100 169 0.1 Non -Muni Utility Connection Fees & Deposits 250/Unit 80,000 500 0.2% Environmental - Other - - 0.0% Total Engineering 330,600 2,066 0.7% Bugidng Permit & Impact Fees Building and Permit Fees 1 3911 Unit223,310 1,396 0.5% Impact Fees 0/Und - - 0.0% Water/Sewer Tap & Connection Fees 4000/Und 640,000 4,000 1.4% Total Bui,idng Permit & Impact Fees 863,360 5,396 1.9% Reports & Studies Appraisal 9,500 59 0.0% Environmental Reports (Phase VII, NEPA) 15,000 94 0.0% Market Study 4,700 29 0.0% Physical Needs Assessment (Rehab) - - 0.0% Plan and Cast Report 5,300 33 0.0 SdVGeotech Repot 10, 165 64 0.0% Traffic Study 9,550 80 0.0% Utility Allowance (Energy Consumption Study) 4,500 28 0.0% Reports and Studies - Other - - 0.0% Total Reports & Studies 58,715 367 0.1% Legal Legal Fees- Partnership & Organizational 200,000 1.250 0.4% Tile Insurance & Recording Fees, Doc Stamps 140,000 875 0.3% Total Legal 340,000 2,125 0.7% Developer as & Overhead Developer's Admin. & Overhead 18.00% 6,601,958 41,262 14.4% Total Developer Fee & Overhead 6,601,958 41,262 14.4% Bole Cost Contingency 5.00% 100,834 629 0.2% SOR Costs Total 8,715,267 54,470 19.0% Land Land, To be Acquired 3,750,000 23,438 8.2% Total Land 3,750,000 23,438 8.2% Reserves Operating Deficit Reserve 3 Months - - 0.0% Total Reserves 0.0% Tote, Pro ect Cost 415,111 287 110 100% Permanent Phase Total Per i % - - 0.00% 19,600,000 122,500 41.21% - - 0.00% - - 0.00% 3,750,000 23,438 7.88% - 0.00% - 0.00% - - 0.00% 0.00% 20,626,211 128,914 43.37% 3,584,639 22,404 7.54% 47,560 850 297,255 100% Permanent as. Total Par Unit 25,127,193 157,045 52.8% - 0.0% 1,507,632 9,423 3.2% 502,544 3,141 1.1% 1,507,632 9,423 3.2% 230,000 1,438 0.5% 5,000 31 0.0% 28,880,000 180,500 60.7% 1,432,250 8,952 3.0% 30,312,250 189,452 63.7% 2,141,321 13,383 4.5% 0.0% - 0.0% 0.0% - - 0.0% 2,141,321 13,383 4.5% 189,445 1,184 0.4% 3,000 19 0.0% 0.0% 46,302 289 0.1% 40,000 250 0.1% 278,747 1,742 0.6% 330,755 2.067 0.7% 35,000 219 0.1 1,000 6 0.0% 8,500 53 0.0% 136,800 855 0.3% 0.0% 512,055 3,200 1.1% 2,932,123 18,326 6.2% 35,000 219 0.1% 142,500 891 0.3% 15,000 94 0.0% 45,000 281 0.1% 60,416 378 0.1 0.0 % 109.400 684 0.2% 92,548 1.203 0.4% 10,000 63 0.0% 10,000 63 0.0% 619,864 3,874 1.3% 196,000 1,225 0.4% 25,000 156 0.1 75,000 469 0.2% 296,000 1,850 0.6% 240,000 1.500 0.5% 44,000 275 0.1 120,000 750 0.3% 404,000 2,525 0.8% 300,000 1,875 0.6% 75,000 489 0.2% 20.000 125 0.0 % 25,000 156 0.1 - 0.0% 420,000 2,625 0.9% 150,000 938 0.3% 0.0% 20,000 125 0.0% 3,500 22 0.0% 50.000 313 0.1 27,100 169 0.1% 80,000 500 0.2% 0.0% 330,600 2,066 0.7% 223,360 1,396 0.5% 0.0% 640.000 4,000 1.3% 863,360 5,396 1.8% 9,500 59 0.0% 15,000 94 0.0% 4,700 29 0.0% 0.0% 5,300 33 0.0% 10,165 64 0.0% 9,550 60 0.0% 4,500 28 0.0% 0.0% 58,715 367 0.1% 200,000 1.250 0.4% 140,000 875 0.3% 340,000 2,125 0.7% 6,601,958 41,262 139% 6,601,958 41,262 119% 100,634 629 0.2% 8,715,267 54,470 18.3% 3,750,000 23,438 7.9% 3,750,000 23,438 7.9% 531,347 3,321 1.1 531,347 3,321 1.1% 47,56101 850 297 255 100% I I MCDOWELL HOUSING PARTNERS An Affkl4/e ofMcDow U PmpeFIks Ekos on Collier - Naples, FL - Family Operating Statement Income: Per Unk Housing Rental Revenue 14,943 2,314,932 2.422,431 2,470,.79 2,520,297 2,570,703 2,622,117 2,674,559 2,728,050 2,782,611 2,838,263 2,895,029 2,952,929 3,011,988 3,072,228 3,133,672 Vacancy@5.0% (742) (118,]41) (121, 122) (123,544) (126,015) (128,535) (131,106) (133,]28) (136,403) (139,131) (141,913) (144,751) (147,fi46) (150,599) (153,611) (156,694) Other Income WashenDryer 510 81,600 94,048 81,569 89,1fi] 91,842 94,59] 91,435 100,35' 103,368 106,469 109,664 112,953 116,342 119,832 123,427 Ancillary 240 38,400 39,552 40,139 41,efi1 43,220 44,516 45,852 4],22] 48,644 50,103 51,606 53,155 54,]49 56,392 58,083 Cable Income 0 - - - - - - - - - - - - - - - Trash Valet 0 - - - - - - - - - - - - - - - Other 0 - - - - - - - - - - - - - - - Effective Gross Income 14,851 2,376,185 2,424,909 2,474,U3 2,525,409 2,5]],229 2,630,124 2,684,117 2,739,233 2,795,493 2,852,923 2,911,547 2,971,391 3,032,480 3,094,940 3,158,499 Ezpenses: Per Unk Management F..(3%of EGI) 446 71,286 ]2,]47 74,239 75,762 1],31] ]8,904 80,524 82,1]] 83,865 85,588 81,346 89,142 90,974 92,845 94,]55 Admin 250 40,000 41,200 42,436 43,709 45,020 46,371 47,762 49,195 5W,fi]1 52,191 53,]5] 55,369 5],030 58,]41 60,504 Contmct.d Services 0 - - - - - - - - - - - - - - - Leasing and Marketing 50 8,000 81240 8,487 8,742 9,004 9,274 9,552 9,839 10,134 10,438 10,151 11,074 11,406 11,]48 12,101 Repairs and Maintenance 600 96,000 98,880 101,846 104,902 108,049 Ill'290 114. 2. 118,068 121,610 125,256 129,01fi 132,886 136,873 140,97: 145,209 Payroll 1,100 176,000 181,280 186,718 192,320 1N 90 204,032 210.153 216,458 222,952 229,640 23fi,529 243,621 250,934 258,462 266,216 Utilities 400 fi4,000 65,920 67,898 69,935 72,033 ]4, 194 76.419 78,]12 81,073 83,505 Bfi,011 88,591 91,249 93,986 96,806 Real Estate Taxes 5W 88,000 90,fi40 93,359 96,1fi0 99,045 102,016 105.077 108,229 1111416 114,820 118,265 121,813 125,467 129,231 133,108 Insurance 1,500 240,000 247,200 25:126 262,254 270,122 278,226 2:6.573 295,1]0 3N 025 313,146 322,540 332,216 342'183 352,448 W3,022 Re lacement Reserves 300 48,000 49,440 50,923 52,451 54,024 55,645 5],315 59,034 60,805 62,629 64,508 66,443 68,437 70,490 72,604 Total Expenses (Hard Pay) 5,196 831,286 855,54] 880:523 906,235 932,704 959,952 988,003 1,016,881 1,N6,610 1,0]],215 1,108,723 1,141,159 1,174,553 1,208,931 1,244,323 Net Operating Income 9,656 1,544,900 1,569,362 1,594,120 1,619,174 1,644,525 1,670,172 1,696,114 1,722,351 1,748,883 1,]T5,700 1,802,824 1,830,231 1,857,927 1,885,909 1,914,170 First Mortgage Fees 363 58,116 59,860 61,656 63,505 65,411 67,373 69,394 71,476 73,620 75,829 78,104 80,447 82,860 85,346 87,906 Second Mortgage Fees 0 - - - - - - - - - - - - - - - Thirtl MON a e Fees 0 Total Ezpenses (Soft Pay) 363 58,116 59,860 61,656 63,505 65,411 67,373 69,394 71,476 73,620 75,829 78, 104 8g44] 82,860 85,346 87,906 Net Operating Income (Hard 8 Sall Pay 9,292 1,486,783 1,509,502 1,532,464 1,555,669 1,579,115 1,602,799 1,626,720 1,650,816 1,675,263 1,699,879 1,724,721 1,749,755 1,]T5,08] 1,800,564 1,826,270 Debt Service 8. Cashkow Hand Debt Permanent Loan 0 Veers 1/0 1,294,102 1,294,102 1,294,102 1,294,102 1,294,102 1,294,102 1,294,102 1,294,102 1,294,102 1,294,102 1,294,102 1,294,102 1,294,102 1,294,102 1,294,102 Total Hard Debt 8,088 1,294,102 1,294,102 1,2%,102 1,2%,102 1,294,102 1,204,102 1,294,102 1,284,102 1,284,102 1,284,102 1,294,102 1,294,102 1,294,102 1,294,102 1,294,102 DSCR PBI 1.14 1.16 1.18 1.19 1.21 1.23 1.24 1.26 1.28 1.30 1.31 1.33 1.35 1.3] 1.39 DSCR 1/0 1,19 1.21 1.23 1.25 1.27 1.29 1.31 1.33 1.35 /.37 1.39 1.41 1.44 1.46 1.48 Waterfall Cashflow 1,204 192,681 215,3W 238,362 261,566 285,012 308,896 332,618 356,]]3 U1,160 4.5,777 430,818 455,882 480,965 506,461 532,18] Investor Mgml Fe 1,500 ,6 ],]0 853 ],100 7,959 8,118 8281 8,46 8,615 8,]8] 9 9,325 9512 9,702 9,896 lAe DDF Baae 1,584,.. 7,42 2,430,U9 1 2,30,233 1,806,061 1,457,903 1,085,530 6,]1] 26], 241 - - 1 ofl 3 �4 :; r �. 10 �� L �3 -� � �orr�m�r�i�l c�r�fir�a�# agrees to buy and ;agrees tc� sefl the i�ro��` �� ;�-�er Address: �D�wii ��ti��rs, L� �"�uy+�r"� ��d � r��i�ni�� "r�a�t aid i�o�ett� �a� Maur �r��t �'"��ii�r!'� Legal Description: �'� �xh�bit �,. and the following Per'sc�r�al Property: {all collectively r�efer�ed to as the "Prr�pert�,r";7 can the term s ar�d rondizir�n�� set i�rth he6c��: �* i �t�s{Y►��.�.1�.� � De osit held in escrow b� : ��I��r� �l��fins �r�ad ar�d a��l � _ � C:l�g�:�CyCt �� {"�scrc�w t`��nt") i;t`��cfcs ��r� subje.� i� aclt�ai end i�na c:�il�cii��n� ��t�i 1'� �'�ran � �4vr►, u�_iitw 1�� l=sC:ro'�� agent's address: r�r►��.��01 Ph��r�e� ��Ui ��5-3�C}i �� } �dditic�nal depc�;�it to lie made to Escrow agent �� within days {� days, if left blanl�.} after �r�rnpleti�.�r� o Due Diligence Period er � f U within days after ��ective gate �� dditien;�i deposit to be made to r;;�r�w �,aent .� �� within ��.� gays �� days, if left blanl<� a#�ter carnpletion e� Due L�ili�ence Period or 2� � vuithir� dais after Effective late L� �� 7tal �"inanc6nC� ��e Pc3.Ca(�ra.ph �} �� } ether 1 ��t�.��{) � ��.��C�� ill deposits ��vill be credited tc� the purchase price at t�lasing. �:� �alailt�e to close, s�►bject to adjustments and prorations, tc� he paid L5 Vfa wlt�e transfer". � �c�1an� �� 4r the purprses Qf this paragraph, "eorl'tp°letion" means the end of the Due C�flrgence P'erfod Or upon del�ver� of �� buyer's written notice cif acceptability, �� 37 `� a �u . T'lNi� ��R ��1�`�C`�I�I�C�; ��T1�f� �T�; ��1F��3T�T1(�i� +�� 'ilV1�. Unless this ai�er is sine fby Seller n + u +�c and an e�.ecuted c�r��t delivered to all parties an r1r before ._��.�.1��:�=�-W�,_��..� �:�-°�� . ��.r ��.is �rter achy �.� will k�e withdravtirn and the E3u�r'� deposit, if any, will be returned. The time for acceptance of any counter aver writ b+ days frc�r�i� the date the counter ef�er is deli ;�ered. Thy "�fi�e�ti�� gate" e►f this �c�ntract i� the c�aie �n �rhi�h the �� e �t� tha �ll�r and i�uyer hay �i�n�d ter' initiala� ,end dell�ered this offer ter the final c�unt�r �tf�r or . calendar days �J�ril ! he used ��uhen rc�rnputir�g tir�ne periods, except time periods of � ��ays or^ lass. �irrie periods of � days or less will be computed wifihout inciudin� at�arday� �ur�day. or national legal holidays. any time period ending on a Saturday, Sunday, ar national legal holiday will e�:tend �,ntil ��a� p.rrr. of the nee;` bt_�siness� d��° �`ir�►� i� �t �h � e�sen�� in this �c�ntra��. a �l�s�n Cate: �rhis transaction will be e.lased on �u� ��I�i�dt�� (�losmg Date. unless �� specifrall�r exter�ded by ether prt�visions ol: this contract. "i`he �l��sing Date will prevail o�1er all ether tune periods incl��ding, but not (united ta. Financir� �°�r�d Due Diligence periods, In the e�rent insurance c.�r�der�vriting is suspended �u �r' � ��-� �.�} and ��lier �� t "`_. ��l �- ackn�l��rled�e r��ipt �f � c�p�f� a. this page, v��thich is Page i �i � pages. � �� -� Reti'. �1�+ C��2�1�7� �+onda �.eaitor��=` � �CC-:ilS�t]� tD A ,� ter �:�: x � r, a. � an � � . Sof�vvare and added farma�tin� G 2f�� ,�►ifi� Star S�ftvua�re} al! r�c�hts r��n��ei. ° �vv�+v�►,�ftas#ar.com � {�?7� 27�-�� 41 on Closing Date and Buyer is unable to obtain property insurance, Buyer may postpone closing up to 5 days after 42 the insurance underwriting suspension is lifted. 43 (b) Location: Closing will take place in Collier County, Florida. (If left blank, closing will take place in the 44 county where the property is located.) Closing may be conducted by mail or electronic means. 45 THIRD PARTY FINANCING: 46 BU 'S OBLIGATION: On or before days (5 days if left blank) after Effective Date, Buyer will apply for t ird' 47 partyfinan in an amount not to exceed % of the purchase price or $ with a fi 48 interest rate no exceed % per year with an initial variable interest rate not to exceed %, points or 49 commitment or loan not to exceed % of the principal amount, for a term of year , and amortized 50 over years, with a 'tional terms as follows_ 51 52 Buyer will timely provide any and al dit, employment, financial and other inform " n reasonably required by any 53 lender. Buyer will use good faith and rea able diligence to (i) obtain Loan Ap val within days (45 days if left 54 blank) from Effective Date (Loan Approval D (ii) satisfy terms and con ans of the Loan Approval, and (iii) close 55 the loan. Buyer will keep Seller and Broker fully RWQrmed about loan lication status and authorizes the mortgage 56 broker and lender to disclose all such information to S r and Br r. Buyer will notify Seller immediately upon 57 obtaining financing or being rejected by a lender_ CANCE N: If Buyer, after using good faith and reasonable 58 diligence, fails to obtain Loan Approval by Loan Approva ate, uyer may within days (3 days if left blank) 59 deliver written notice to Seller stating Buyer either . es this fina - g contingency or cancels this Contract. 50 If Buyer does neither, then Seller may cancel t ' ontract by deliverin itten notice to Buyer at any time thereafter. 61 Unless this financing contingency has been ived, this Contract shall rem subject to the satisfaction, by closing, of 62 those conditions of Loan Approval relat o the Property. DEPOSIT(S) (for pur es of Paragraph 5 only): If Buyer 63 has used good faith and reasonabl iligence but does not obtain Loan Approval by an Approval Date and 64 thereafter either party elects to ncel this Contract as set forth above or the lender fails efuses to close on or 65 before the Closing Date w' ut fault on Buyer's part, the Deposit(s) shall be returned to Buy whereupon both 66 parties will be release om all further obligations under this Contract, except for obligations state crein as surviving 67 the termination of s Contract. If neither party elects to terminate this Contract as set forth above or B r fails to use 68 good faith or sonable diligence as set forth above, Seller will be entitled to retain the Deposit(s) if the tra ction 69 does not se. For purposes of this Contract, "Loan Approval" means a statement by the lender setting Earth th erms 70 and ditions upon which the lender is willing to make a particular mortgage loan to a particular buyer. Neither a p 71 roval letter not a prequalification letter shall be deemed a Loan Approval for purposes of this Contract. 72 6. TITLE: Seller has the legal capacity to and will convey marketable title to the Property by A statutory warranty 73 deed ❑ special warranty deed ❑ other , free of liens, easements and 74 encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, 75 restrictions and public utility easements of record; existing zoning and governmental regulations; and (list any other 76 matters to which title will be subject) 77 78 provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the 79 Property as Multi -Family Apartments 80 (a) Evidence of Title: The party who pays the premium for the title insurance policy will select the closing agent 81 and pay for the title search and closing services. Seller will, at (check one) ❑ Seller's N) Buyer's expense and 82 within 90 days after Effective Date or at least days before Closing Date deliver to Buyer (check one) 83 Jul (i) a title insurance commitment by a Florida licensed title insurer setting forth those matters to be discharged by 84 Seller at or before Closing and, upon Buyer recording the deed, an owner's policy in the amount of the purchase 85 price for fee simple title subject only to exceptions stated above. If Buyer is paying for the evidence of title and 86 Seller has an owner's policy. Seller will deliver a copy to Buyer within 15 days after Effective Date. ❑ (ii.) an 87 abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. 88 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed 89 insurer as a base for reissuance of coverage may be used_ The prior policy will include copies of all policy 90 exceptions and an update in a format o acceptable to Buyer from the policy effective date and certified to Buyer or Buyer and Seller ( )cknowledge receipt of a copy of this page, which is Page 2 of 8 Pages. CC-5 Rev. 9/17 02017 Florida Realtors° Licensed to Aita Star Software and 01623874-453508 Software and added formatting a 2021 Alta Star Software, all rights reserved. • www.altastar.com • (877) 279-8898 91 Buyer's closing agent together with copies of aft documents recited in the prior policy and in the update. If such 92 an abstract or prior policy is not available to Seller then (L) above will be the evidence of title. 93 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seller 94 of title defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) 95 Buyer delivers proper written notice and Seiler cures the defects within 10 days from receipt of the notice 96 ("Curative Period"). Seller shall use good faith efforts to cure the defects. If the defects are cured within the 97 Curative Period, closing will occur on the latter of 10 days after receipt by Buyer of notice of such curing or the 98 scheduled Closing Date_ Seller may elect not to cure defects if Seller reasonably believes any defect cannot be 99 cured within the Curative Period. If the defects are not cured within the Curative Period, Buyer will have 10 days 100 from receipt of notice of Seller's inability to cure the defects to elect whether to terminate this Contract or accept 101 title subject to existing defects and close the transaction without reduction in purchase price. 102 (c) Survey: (check applicable provisions below) 103 (i.) M Seller will, within 10 days from Effective Date, deliver to Buyer copies of prior surveys. 104 plans, specifications, and engineering documents, if any, and the following documents relevant to this 105 transaction: 1©6 107 prepared for Seller or in Sellers possession, which show all currently existing structures. In the event this 108 transaction does not close, all documents provided by Seller will be returned to Seller within 10 days from the 109 date this Contract is terminated. 110 N Buyer will, at ❑ Seller's X1 Buyer's expense and within the time period allowed to deliver and examine 111 title evidence, obtain a current certified survey of the Property from a registered surveyor. If the survey reveals 112 encroachments on the Property or that the improvements encroach on the lands of another, ❑ Buyer will 113 accept the Property with existing encroachments X such encroachments will constitute a title defect to be 114 cured within the Curative Period. 115 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. 116 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, 117 ordinary wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller 118 makes no warranties other than marketability of title, In the event that the condition of the Property has materially 119 changed since the expiration of the Due Diligence Period, Buyer may elect to terminate the Contract and receive a 120 refund of any and all deposits paid, plus interest, if applicable, or require Seiler to return the Property to the required 121 condition existing as of the end of Due Diligence period, the cost of which is not to exceed $ (1.5% of 122 the purchase price, if left blank). By accepting the Property "as is", Buyer waives all claims against Seller for any 123 defects in the Property. (Check (a) or (b)) 124 ❑ (a) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is" 125 condition. ➢carer shall have until May 13. 2023 126 (b) Due Diligence Period: Buyer will, at Buyer's expense and ("Due 127 Diligence Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion. During the 128 term of this Contract, Buyer may conduct any tests, analyses, surveys and investigations ("Inspections") which 129 Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural. 130 environmental properties; zoning and zoning restrictions; flood zone designation and restrictions; subdivision 131 regulations; soil and grade: availability of access to public roads, water, and other utilities; consistency with local, 132 state and regional growth management and comprehensive land use plans availability of permits, government 133 approvals and licenses; compliance with American with Disabilities Act; absence of asbestos, soil and ground 134 water contamination; and other inspections that Buyer deems appropriate. Buyer will deliver written notice to 135 Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property 136 is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property in 137 its present "as is" condition. Seiler grants to Buyer, its agents, contractors and assigns, the right to enter the 138 Property at any time during the term of this Contract for the purpose of conducting Inspections, upon reasonable 139 notice, at a mutually agreed upon time; provided, however, that Buyer, its agents, contractors and assigns enter 140 the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless from 141 losses, damages, costs, claims and expenses of any nature, including attorneys' fees at all levels, and from 142 liability to anyperson, arising from the conduct of any and all inspections or any work authorized by Buyer. Buyer 143 will not engage in any activity that could result in a mechanic's lien being filed against the Property without 144 Seller's prior written consent. In the a nt this transaction does not close, (1) Buyer will repair all damages to the Buyer �J and Seller ()Jcknowledge receipt of a copy of this page, which is Page 3 of a Pages. CC-5 Rev. 9117 @2017 Florida Reaitors� Licensed to Alta Star Software and ID1823874.453508 Software and added formatting O 2021 Alta Star Software, all rights reserved. • www.altastar.com • (877) 279.8898 145 Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the 146 Inspections, and (2) Buyer will, at Buyer's expense release to Seller ail reports and other work generated as a 147 result of the Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that 148 Buyer's deposit will be immediately returned to Buyer and the Contract terminated. 149 (c) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the 150 parties, conduct a final "walk-through" inspection of the Property to determine compliance with this paragraph and 151 to ensure that all Property is on the premises. 152 S. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any 153 business conducted on the Property in the manner operated prior to Contract and will take no action that would 154 adversely impact the Property after closing, as to tenants, lenders or business, if any_ Any changes, such as renting 155 vacant space, that materially affect the Property or Buyer's intended use of the Property will be permitted M only with 156 Buyer's consent ❑ without Buyer's consent. 157 9. CLOSING PROCEDURE: Unless otherwise agreed or stated herein, closing procedure shall be in accordance with 158 the norms where the Property is located. 159 (a) Possession and Occupancy: Seller will deliver possession and occupancy of the Property to Buyer at 16D closing. Seller will provide keys, remote controls, and any security/access codes necessary to operate all locks, 161 mailboxes, and security systems. 162 (b) Costs: Buyer will pay Buyer's attorneys' fees, taxes and recording fees on notes, mortgages and financing 163 statements and recording fees for the deed. Seller will pay Seller's attorneys' fees, taxes on the deed and 164 recording fees for documents needed to cure title defects_ if Seller is obligated to discharge any encumbrance at or 165 prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. 166 (c) [documents: Seller will provide the deed; bill of sale; mechanic's lien affidavit; originals of those assignable 167 service and maintenance contracts that will be assumed by Buyer after the Closing Date and letters to each 168 service contractor from Seller advising each of them of the sale of the Property and, if applicable, the transfer of its 169 contract, and any assignable warranties or guarantees received or held by Seller from any manufacturer, 170 contractor, subcontractor, or material supplier in connection with the Property; current copies of the condominium 171 documents, if applicable; assignments of leases, updated rent roll; tenant and lender estoppels letters (if 172 applicable); tenant subordination, non -disturbance and attornment agreements (SNOAs) required by the Buyer or 173 Buyer's lender, assignments of permits and licenses; corrective instruments; and fetters notifying tenants of the 174 change in ownership/rental agent. If any tenant refuses to execute an estoppels letter, Seller, if requested by the 175 Buyer in writing, will certify that information regarding the tenant's lease is correct. If Seller is an entity, Seller will 176 deliver a resolution of its governing authority authorizing the sale and delivery of the deed and certification by the 177 appropriate party certifying the resolution and setting forth facts showing the conveyance conforms to the 178 requirements of focal law. Seller will transfer security deposits to Buyer. Buyer will provide the closing statement, 179 mortgages and notes, security agreements, and financing statements. 180 (d) Taxes and Prorations: Real estate taxes, personal property taxes on any tangible personal property, bond 181 payments assumed by Buyer, interest, rents (based on actual collected rents), association dues, insurance 182 premiums acceptable to Buyer, and operating expenses will be prorated through the day before closing. If the 183 amount of taxes for the current year cannot be ascertained, rates for the previous year will be used with due 184 allowance being made for improvements and exemptions. Any tax proration based on an estimate will, at request 185 of either party, be readjusted upon receipt of current year's tax bill; this provision will survive closing. 186 (e) Special Assessment Liens. Certified, confirmed, and ratified special assessment liens as of the Closing Date 167 will be paid by Seller_ If a certified, confirmed, and ratified special assessment is payable in installments, Seller will 188 pay all installments due and payable on or before the Closing Date, with any installment for any period extending 189 beyond the Closing Date prorated, and Buyer will assume all installments that become due and payable after the 190 Closing Date. Buyer will be responsible for all assessments of any kind which become due and owing after Closing 191 Date, unless an improvement is substantially completed as of Closing Date. If an improvement is substantially 192 completed as of the Closing Date but has not resulted in a lien before closing, Seller will pay the amount of the last 193 estimate of the assessment. This subsection applies to special assessment liens imposed by a public body and 194 does not apply to condominium association special assessments. 195 (f) Foreign Investment in Real Property Tax Act (FIRPTA): If Seller is a "foreign person" as defined by FIRPTA, 196 Seller and Buyer agree to comply with Section 1445 of the Internal Revenue Code. Seller and Buyer will 197 complete, execute, and deliver as direpted any instrument, affidavit, or statement reasonably necessary to comply Buyer (� y (` } and Seller(1(1fJ�acknowledge receipt of a copy of this page, which is Page 4 of 8 Pages- CC-5 Rev. 9117 ©2017 Florida RealtorsO Licensed to Alta Star Software and ID1823674.453505 Software and added formatting OO 2021 Alta Star Software, all rights reserved. - www.altastar.com • (877) 279-8898 198 with the FIRPTA requirements, including delivery of their respective federal taxpayer identification numbers or 199 Social Security Numbers to the closing agent_ If Buyer does not pay sufficient cash at closing to meet the 200 withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the 201 requirement 202 10. ESCROW AGENT: Seller and Buyer authorize Escrow Agent or Closing Agent (collectively "Agent") to receive, 203 deposit, and hold funds and other property in escrow and, subject to collection, disburse them in accordance with the 204 terms of this Contract. The parties agree that Agent will not be liable to any person for misdelivery of escrowed items to 205 Seller or Buyer, unless the misdelivery is due to Agent's wilifui breach of this Contract or gross negligence. if Agent 206 has doubt as to Agent's duties or obligations under this Contract, Agent may, at Agent's option, (a) hold the escrowed 207 items until the parties mutually agree to its disbursement or until a court of competentjurisdiction or arbitrator 208 determines the rights of the parties or (b) deposit the escrowed items with the clerk of the court having jurisdiction over 209 the matter and file an action in interpleader, Upon notifying the parties of such action, Agent will be released from all 210 liability except for the duty to account for items previously delivered out of escrow. if Agent is a licensed real estate 211 broker, Agent will comply with Chapter 475, Florida Statutes, In any suit in which Agent interpleads the escrowed items 212 or is made a party because of acting as Agent hereunder. Agent will recover reasonable attorney's fees and costs 213 incurred, with these amounts to be paid from and out of the escrowed items and charged and awarded as court costs 214 in favor of the prevailing party. 215 11. CURE PERIOD: Prior to any claim for default being made, a party will have an opportunity to cure any alleged 216 default. If a party fails to comply with any provision of this Contract, the other party will deliver written notice to the non- 217 complying party specifying the non-compliance. The non -complying party will have days (5 days if left blank) after 218 delivery of such notice to cure the non-compliance. Notice and cure shall not apply to failure to close. 219 12. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable 220 to each other for damages so long as performance or non-performance of the obligation, or the availability of services, 221 insurance, or required approvals essential to Closing, is disrupted, delayed, caused or prevented by Force Majeure. 222 "Force Majeure" means: hurricanes, floods, extreme weather, earthquakes, fire, or other acts of God, unusual 223 transportation delays, or wars, insurrections, or acts of terrorism, which, by exercise of reasonable diligent effort, the 224 non -performing party is unable in whole or in part to prevent or overcome. All time periods, including Closing Date, will 225 be extended a reasonable time up to 7 days after the Force Majeure no longer prevents performance under this 226 Contract, provided, however, if such Force Majeure continues to prevent performance under this Contract more than 227 30 days beyond Closing Date, then either party may terminate this Contract by delivering written notice to the other 228 and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract. 229 13. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is 230 not met and Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit 231 will be returned in accordance with applicable Florida Laws and regulations. 232 14. DEFAULT; 233 (a) in the event the sale is not closed due to any default or failure on the part of Seller other than failure to make 234 the title marketable after diligent effort, Buyer may elect to receive return of Buyer's deposit without thereby 235 waiving any action for damages resulting from Seller's breach and may seek to recover such damages or seek 236 specific performance. If Buyer elects a deposit refund, Seller may be liable to Broker for the full amount of the 237 brokerage fee. 238 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1) 239 retain all deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the 240 execution of this Contract, and in full settlement of any claims, upon which this Contract will terminate or (2) seek 241 specific performance. If Buyer fails to timely place a deposit as required by this Contract, Seller may either (t ) 242 terminatethe Contract and seek the remedy outlined in this subparagraph or (2) proceed with the Contract without 243 waiving any remedy for Buyer's default. 244 15. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the 245 prevailing party, which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable 246 attorneys' fees, costs, and expenses. 247 16. NOTICES: All notices will be in writing and may be delivered by mail, overnight courier, personal delivery, or 248 electronic means. Parties agree to send all notices to addresses specified on the signature page(s). Any notice, 249 document, or item given by or delivered to an attorney or real estate licensee (including a transaction broker) 250 representing a party will be as effective as if given by or delivered to that party. Buyer j '�`�y-(� ) and Seller ( acknowledge receipt of a copy of this page, which is Page 5 of 8 Pages. CC-5 Rev, 9117 Q2017 Florida Realtors`' Licensed to Alta Star Software and I01823874.453508 Software and adder! formatting 0 2021 Alta Star Software, all rights reserved. * www.altastar.com • (877) 279-8898 251 17. DISCLOSURES: 252 (a) Commercial Real Estate Sales Commission Lien Act: The Florida Commercial Real Estate Sales 253 Commission Lien Act provides that a broker has a lien upon the owner's net proceeds from the sale of 254 commercial real estate for any commission earned by the broker under a brokerage agreement. The lien upon the 255 owner's net proceeds is alien upon personal property which attaches to the owner's net proceeds and does not 256 attach to anv interest in reap property. This lien right cannot be waived before the commission is earned. 257 (b) Special Assessment Liens Imposed by Public Body: The Property may be subject to unpaid special 258 assessment lien(s) imposed by a public body. (A public body includes a Community Development District.) Such 259 liens, if any, shall be paid as set forth in Paragraph 9(e) 260 (c) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in 261 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that 262 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon 263 and radon testing may be obtained from your county public health unit. 264 (d) Energy -Efficiency Rating Information: Buyer acknowledges receipt of the information brochure required by 265 Section 553,996, Florida Statutes- 266 18, RISK OF LOSS: 267 (a) If, after the Effective Date and before closing, the Property is damaged by fire or other casualty, Seiler will 268 bear the risk of loss and Buyer may cancel this Contract without liability and the deposit(s) will be returned to 269 Buyer. Alternatively, Buyer will have the option of purchasing the Property at the agreed upon purchase price and 270 Seller wilt credit the deductible, if any and transfer to Buyer at closing any insurance proceeds, or Seller's claim 271 to any insurance proceeds payable for the damage. Seller will cooperate with and assist Buyer in collecting any 272 such proceeds. Seller shall not settle any insurance claim for damage caused by casualty without the consent of 273 the Buyer. 274 (b) if, after the Effective Date and before closing, any part of the Property is taken in condemnation or under the 275 right of eminent domain, or proceedings for such taking will be pending or threatened, Buyer may cancel this 276 Contract without liability and the deposit(s) will be returned to Buyer, Alternatively, Buyer will have the option of 277 purchasing what is left of the Property at the agreed upon purchase price and Seller will transfer to the Buyer at 278 closing the proceeds of any award, or Seller's claim to any award payable for the taking, Seller will cooperate 279 with and assist Buyer in collecting any such award. 280 19. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise X is not 281 assignable ❑ is assignable. If this Contract may be assigned, Buyer shall deliver a copy of the assignment agreement 282 to the Seller at least 5 days prior to Closing. The terms "Buyer," "Seller" and "Broker" may be singular or plural. This 283 Contract is binding upon Buyer, Seller and their heirs, personal representatives, successors and assigns (if 284 assignment is permitted). 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 I1 20. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller - Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will be construed under Florida law and will not be recorded in any public records. 21. BROKERS: Neither Seller nor Buyer has used the services of, or for any other reason owes compensation to, a licensed real estate Broker other than: (a) Seller's Broker, _ Amerivest Realty Anthony V. Previte (Company Name) (Licensee) 1810 Tarpon Bay Drive South Naples, Florida 34119 (Address. Telephone. Fax. E mail} who ❑ is a single agent IX is a transaction broker ❑ has no brokerage relationship and who will be compensated_ by IN Seller ❑ Buyer ❑ both parties pursuant to IX a listing agreement ❑ other (specify) (b) Buyer's Broker: (� (Address, Telephone, Fax, E-rrrad) Buyer�-_4"' ) and Seller fin` {-__) acknowledge receipt of a copy of this page, which is Page 6 of 8 Pages, CC-5 Rev. 9117 =17 Florida Realtors` Licensed to Alta Star Software wid Ia1823874.453508 Software and added formatting O 2021 Alta Star Software, all rights reserved. • www.attastar.com • (877) 279-8898 302 who ❑ is a single agent El is a transaction broker ❑ has no brokerage relationship and who will be compensated by 303 ❑ Seller's Broker Seller❑ Buyer❑ both partiespursuantta❑ anMLSoffer ofcompensation❑ other (specify) 304 305 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to 306 inquiries, introductions, consultations, and negotiations resulting in this transaction. Seller and Buyer agree to 307 indemnify and hold Broker harmless from and against losses, damages, costs and expenses of any kind, including 308 reasonable attorneys' fees at all levels, and from liability to any person, arising from (1) compensation claimed which is 309 inconsistent with the representation in this Paragraph, (2) enforcement action to collect a brokerage fee pursuant to 310 Paragraph 10, (3) any duty accepted by Broker at the request of Seller or Buyer, which is beyond the scope of 311 services regulated by Chapter 475, Florida Statutes, as amended, or (4) recommendations of or services provided and 312 expenses incurred by any third party whom Broker refers, recommends, or retains for or on behalf of Seller or Buyer. 313 22. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to 314 this Contract): 315 ❑ Arbitration 1] Seller Warranty ❑ Existing Mortgage 316 ❑ Section 1031 Exchange 0 Coastal Construction Control Line ❑ Buyer's Attorney Approval 317 ❑ Property Inspection and Repair ❑ Flood Area Hazard Zone ❑ Seller's Attorney Approval 318 ❑ Seller Representations ❑ Seller Financing A Other Addendum 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 23. ADDITIONAL TERMS: SEE ADDENDUM 342 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE 343 ADVICE OF AN ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL 344 FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE 345 PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, INTERPRETING CONTRACTS, DETERMINING THE 346 EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF TITLE, FOREIGN INVESTOR 34-1 REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER Buyer and Seller acknowledge receipt of a copy of this page, which is Page 7 of 8 Pages, CC-5 Rev. 9117 @2017 Florida Realtore Licensed to Alta Star Software and 101823874.453608 Software and added formatting OO 2021 Alta Star Software, all rights reserved. • www.altastar.com • (877) 279-8898 348 ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL 349 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER 350 REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF 351 THE REPRESENTATION. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND 352 GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY CONDITION, SQUARE FOOTAGE AND 353 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. 354 Each person signing this Contract on behalf of a party that is a business entity represents and warrants to the other 355 party that such signatory has full power and authority to enter into and perform this Contract in accordance with its 356 terms and each person executing this Contract and other documents on behalf of such party has been duly authorized 357 to do so. 358 � — - r - � �/� Date: 1012012022 (Signature of Buyer 359 W. Patrick McDowell Tax ID No.: (Typed or Printed Name of Buyer) 360 Title: Chairman & CEO of McDowell Properties, its ManagerTelephone: (786) 584-2486 361 (Signature of Buyer Date: 362 (Typed or Printed Name of Buyer) Tax ID No.: ass Title: Telephone: 364 Buyer's Address for purpose of notice 365 Facsimile: Email: -n 366 Date: [ �-4 � (Signature of Seller) 367 t-�, t C-6 Lei C G (P--' '� j Tax I D No.: �J �� 4--7 (P (Typed or Printed Name of Seller) 368 Title:Telephone: =� " 369 Date: ( aJ-� 370 Tax ID No.: ?�_�!Z ( a (Typ r Print4dWame of Seller) 371 Title: Telephone. 372 Seller's Address for purpose of notice: - (-,,- �Iooe--o,-'''i 373 Facsimile: Email: The Florida Association of REALTORS'�l makes no representation as to the Legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as a REALTORt. REALTOR" is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS"' and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or n2 . �- BuyerP., - , �� and Seller ( acknowledge receipt of a copy of this page, which is page 8 of 8 Pages. CC-5 to Alt Star ©2017 Florida Realtors$' Lice�zsed to Alta Star Software and ID 1823@74.453508 Software and added formatting 9 2021 Alta Star Software, all rights reserved. - www,altastar.com - (877) 279-8398 ADDENDUM This Addendum (the "Addendum,") is attached to and incorporated in that Commercial Contract dated as of October 24 , 2022 by and between McDowell Acquisitions, LLC, a Delaware limited liability company (`Buyer"), and Raymond J. Bozienik Trust and Nicolette Rae Bauer Trust ("Seller") (the "Agreement"). Any capitalized terms not specifically defined herein shall have the meaning set forth in the Agreement. Nothing contained herein shall constitute or be deemed a release of any obligations or liabilities of Seller or Buyer under the Agreement except as may be provided herein. Except as provided herein, the Agreement remains in full force and effect. To the extent that the terms of this Addendum conflict with or modify the Agreement, the terms of this Addendum shall control. 1. Deposits. a. The deposit described in Section 2(a) of the Agreement shall be the "First Deposit". Five Thousand Dollars ($5,000) of the First Deposit (the "Hard Deposit") shall be non- refundable upon deposit into escrow. Commencing on December 15, 2022 and continuing on the fifteenth (15`h) calendar day of each month thereafter, an additional $2,500 of the First Deposit shall be non-refundable until the earlier of (a) the Agreement is terminated pursuant to the terms thereof, or (b) the expiration of the Due Diligence Period. At the expiration of the Due Diligence Period the remainder of the First Deposit shall become non-refundable, and shall remain to be held in escrow by Escrow Agent for Seller's benefit. b. The deposit described in Section 2(b) shall be the "Second Deposit." The deposit described in Section. 2(c) shall be the "Third Deposit." The First Deposit, Second Deposit, and Third Deposit shall each be a "Deposit" and collectively, the "Deposits". The Second and Third Deposit shall be non-refundable upon deposit into escrow, and shall remain to be held in escrow by Escrow Agent for Seller's benefit. c. Notwithstanding the above, the Deposits will be refundable to Buyer in the event that Seller defaults under the terms of the Agreement, as described below in Section 5 of this Addendum. 2. Cl. osin2. The consummation of the transactions described in the Agreement (the "Closing") shall occur within ninety (90) days of the Third Deposit being deposited into escrow, subject to the extension rights set forth below ("Closing Date"). 3. Extensions. Buyer shall, at its sole option, be entitled to three (3) successive forty-five (45) day extensions (each an "Extension") to the Closing. Buyer shall deposit into escrow the sum of $50,000 ("Extension Fee") for each Extension. The Extension Fee shall be applied to the Purchase Price and shall be non-refundable, except in the event that Seller defaults under the terms of the Agreement, as described below in Section 5 of this Addendum. 4. Government Approvals. Seller will cooperate with Buyer in connection with Buyer's due diligence as it relates to Buyer's intended use of the Property as Multi -Family Apartments, which cooperation may include Seller's execution of authorizations or consents for Buyer to obtain approvals from the appropriate governmental agencies for Buyer's intended use of the Property. Seller shall not be responsible for any costs attributable to Buyer obtaining its governmental approvals, and in the event that Seller incurs fees and costs, including attorney fees, in assisting 4856-1705-7588 v.6 Buyer in obtaining its governmental approvals, Buyer shall immediately reimburse Seller for those costs and fees incurred. 5. Default. In the event that Buyer fails to perform its obligations hereunder (including the failure to timely make any Deposit) and such failure is through no fault or failure of Seller to comply with its obligations hereunder, Seller may, as its sole, exclusive and absolute remedy, terminate this Agreement and Escrow Agent shall release to Seller, as full and complete agreed upon liquidated damages, the Deposits; provided, however, if the Buyer breaches its obligation to make any Deposit, Seller may also pursue a claim against Buyer for the amount of the Deposit which has not been timely made. If Seller will refuse to close, despite its obligation to close hereunder, or if any of the representations, warranties and covenants of Seller will at any time on or before Closing be found to be false or misleading in any material respect, or if Seller is otherwise in default under the terms and provisions of this Agreement, Buyer may: (i) terminate this Agreement, obtain the return of its Deposit, and seek damages against Seller; or (ii) seek specific performance of SeIler's obligations hereunder. Nothing contained herein shall be deemed to limit Buyer's rights or remedies (x) on account of any breach by Seller of any covenants, representations, warranties, indemnities or obligations which survive Closing or (y) on account of any intentional breach of this Agreement by Seller to the extent that specific performance is not legally available. Notwithstanding anything to the contrary herein, there shall be no default of Buyer hereunder unless and until Seiler shall have provided Buyer written notice of such default and Buyer shall have failed to cure said default within ten (10) days of its receipt of such notice; provided, however, that if Buyer is unable to cure within said time period, Buyer shall have such time to cure as is reasonable under the circumstances provided that Buyer has undertaken efforts to cure in said time period. Notwithstanding the foregoing no such cure shall apply to failure to make any Deposit required hereunder in the required time period. [Signatures on following page] 4856-1765-7588 v.6 IN WITNESS WHEREOF, the parties have executed this Addendurn as of the date first written above. BUYER: MCDOWELL ACQUISITIONS, LLC, a Delaware limited liabiliCy company By: McDowell Properties, a California corporation, its Manager Bv: W- Patrick McDowell, Chairman & CEO SELLER: Raymond .I Bo ' nik Trust 2- tC- fj By: V Its: Date: SELLER: Nicolette Rae Bauer Trust Sy-- �" ks& Its: Date: 4656-1705-7588 v.6 DocuSign Envelope ID: CC29B689-1A89-4684-8886-B8642269E3E4 FIRST AMENDMENT TO COMMERCIAL CONTRACT This First Amendment to Commercial Contract ("Amendment") is made as of February y , 2023, by and between MCDOWELL ACQUISITIONS, LLC, a Delaware limited liability company ("Buyer") and RAYMOND J. BOZICNIK TRUST and NICOLETTE RAE BAUER TRUST ("Seller"). WHEREAS, Buyer and Seller entered into that certain Commercial Contract effective October 24, 2022 (the "Agreement") concerning the purchase and sale of land located at 6360 Collier Blvd., Naples, Florida 34114, Parcel ID's: 0725640004 and 00725040002, as more particularly described in the Agreement. NOW THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, it is agreed to by Seller and Buyer as follows: 1. Recitals. The Recitals set forth above are true and correct and are fully incorporated into this Amendment as substantive terms and provisions. 2. Capitalized Terms; Defined Terms. All the capitalized terms used in this Amendment, but not expressly defined in this Amendment, shall have the meanings assigned to such capitalized terms as set forth in the Agreement. following: .Survey . Line 110 and a portion of line I I I are hereby deleted and replaced with the "Buyer will, at Buyer's expense and by February 6, 2023, obtain a current certified survey of the Property from a registered surveyor." 4. Ratification; Full Force and Effect. Except as specifically amended, updated and modified by this Amendment, the Agreement shall remain unchanged and in full force and effect. Each and every term and provision of this Amendment is hereby incorporated into the Agreement, so that each and every term and provision of this Amendment shall constitute a part of the Agreement as amended, modified and updated hereby. Further, the Agreement is hereby ratified and confirmed by the Seller and the Purchaser. 5. Conflicts. In the event of any conflict between the terms and provisions of the Agreement and the terms and provisions of this Amendment, the terms and provisions of this Amendment shall govern, control and prevail. 6. Counterparts. This Amendment may be executed in any number of separate counterparts (including by electronic application or electronic transmission), provided that both the Seller and the Purchaser executes at least one counterpart, and each of which when so executed and delivered will be deemed an original counterpart to this Amendment, but all such counterparts together will create and constitute but one and the same instrument. Signature pages may be detached from multiple separate counterparts and attached to a single counterpart so that all signature 4872-1583-1883 v.1 059397/00045 DocuSign Envelope ID: CC29B689-1A89-4684-8886-B8642269E3E4 pages are physically attached to the same instrument. A signature of the Seller and/or the Purchaser sent by any type or form of electronic application or electronic transmission will have the same force and effect as an original signature and will be binding upon the Seller and/or the Purchaser. [Signatures on following page] 4872-1583-1883 v.1 059397100045 DS DocuSign Envelope ID: CC29B689-1A89-4684-8886-B8642269E3E4 By: Na Its: Nan IN WITNESS WHEREOF, each of the parties below has executed this document. BUYER: MCDOWELL ACQUISITIONS, LLC, a Delaware limited liability company By: McDowell Properties, a California corporation, its Manager DocuSigned by: By: �a � �1,��(�- (L W. Patric c Dwell CEO and Chairman SELLER: f7�i'MOND J. ZICNfK T T 1 � c' NICOLETTE RAE BAYER TRUST By: Name: Its: "72-15H-I1983 v.1 059397/00045 DocuSign Envelope ID: B59220Fl-3526-4587-9BO4-OA048D5lD263 SECOND AMENDMENT TO COMMERCIAL CONTRACT This Second Amendment to Commercial Contract ("Amendment") is made as of May 12 , 2023, by and between MCDOWELL ACQUISITIONS, LLC, a Delaware limited liability company ("Buyer"), and RAYMOND J. BOZICNIK TRUST and NICOLETTE RAE BAUER TRUST ("Seller"). WHEREAS, Buyer and Seller entered into that certain Commercial Contract effective October 24, 2022, as amended by that certain First Amendment to Commercial Contract dated February 9, 2023 (the "Agreement") concerning the purchase and sale of land located at 6360 Collier Blvd., Naples, Florida 34114, Parcel ID's: 0725640004 and 00725040002, as more particularly described in the Agreement. NOW THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, it is agreed to by Seller and Buyer as follows: 1. Recitals. The Recitals set forth above are true and correct and are fully incorporated into this Amendment as substantive terms and provisions. 2. Capitalized Terms; Defined Terms. All the capitalized terms used in this Amendment, but not expressly defined in this Amendment, shall have the meanings assigned to such capitalized terms as set forth in the Agreement. 3. Due Diligence. The first sentence of Section 7(b) is hereby deleted and replaced with the following: "Buyer will, at Buyer's expense, have until July 14, 2023 ("Due Diligence Period"), to determine whether the Property is suitable, in Buyer's sole and absolute discretion." 4. Third Deposit. Section 2(c) shall be amended to replace 90 days with 30 days. 5. First Deposit. As of May 15, 2023, the parties acknowledge that Twenty Thousand and No/100 ($20,000.00) of the First Deposit has become non-refundable. 6. Ratification; Full Force and Effect. Except as specifically amended, updated and modified by this Amendment, the Agreement shall remain unchanged and in full force and effect. Each and every term and provision of this Amendment is hereby incorporated into the Agreement, so that each and every term and provision of this Amendment shall constitute a part of the Agreement as amended, modified and updated hereby. Further, the Agreement is hereby ratified and confirmed by the Seller and the Purchaser. 7. Conflicts. In the event of any conflict between the terms and provisions of the Agreement and the terms and provisions of this Amendment, the terms and provisions of this Amendment shall govern, control and prevail. 4887-2537-5075 v.1 059397/00045 DocuSign Envelope ID: B59220Fl-3526-4587-9BO4-OA048D5lD263 8. Counterparts. This Amendment may be executed in any number of separate counterparts (including by electronic application or electronic transmission), provided that both the Seller and the Purchaser executes at least one counterpart, and each of which when so executed and delivered will be deemed an original counterpart to this Amendment, but all such counterparts together will create and constitute but one and the same instrument. Signature pages may be detached from multiple separate counterparts and attached to a single counterpart so that all signature pages are physically attached to the same instrument. A signature of the Seller and/or the Purchaser sent by any type or form of electronic application or electronic transmission will have the same force and effect as an original signature and will be binding upon the Seller and/or the Purchaser. [Signatures on following page] 4887-2537-5075 v.1 059397/00045 DocuSign Envelope ID: B59220Fl-3526-4587-9B04-OA048D5lD263 IN WITNESS WHEREOF, each of the parties below has executed this document. BUYER: MCDOWELL ACQUISITIONS, LLC, a Delaware limited liability company By: McDowell Properties, a California corporation, its Manager By: �DocuSigned by: u► PaTKC� A.cvraftt saeseRsss�;•r�ee... W. Patrick McDowell CEO and Chairman SELLER: RAYMOND J. BOZICNIK TRUST �aH �Ol.1LN1(( By: Nazicnik,Mayll.10111 COT Name: Its: NICOLETTE RAE BAUER TRUST Name: Its: 4887-2537-5075 v.1 059397/00045 THIRD AMENDMENT TO COMMERCIAL CONTRACT This Third Amendment to Purchase and Sale Agreement (this "Amendment") is made as of July 14, 2023 by and between MCDOWELL ACQUISITIONS, LLC, a Delaware limited liability company ("Buyer"), and RAYMOND J. BOZICNIK TRUST (the "Bozicnik Trust") and NICOLETTE RAE BAUER TRUST (the `Bauer Trust" and, together with the Bozicnik Trust, collectively the "Seller"). WHEREAS, Buyer and Seller entered into that certain Commercial Contract effective October 24, 2022 (the "Contract"), as amended by that certain First Amendment to Commercial Contract dated February 9, 2023 (the "First Amendment"), as further amended by that certain Second Amendment to Commercial Contract made as of May 12, 2023 (the "Second Amendment" and, together with the Contract and the First Amendment, collectively, the "Agreement") concerning the purchase and sale of land located at 6360 Collier Blvd., Naples, Florida 34114, Parcel ID's: 0725640004 and 00725040002, as more particularly described in the Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, it is agreed to by Seller and Buyer as follows: 1. Recitals. The Recitals set forth above are true and correct and are fully incorporated into this Amendment as substantive terms and provisions. 2. Capitalized Terms: Defined Terms. All the capitalized terms used in this Amendment, but not expressly defined in this Amendment, shall have the meanings assigned to such capitalized terms as set forth in the Agreement. Due Diligence. The first sentence of Section 7(b) is hereby deleted and replaced with the following: "Buyer will, at Buyer's expense, have until September 12, 2023 ("Due Diligence Period"), to determine whether the Property is suitable, in Buyer's sole and absolute discretion." 4. Ratification; Full Force and Effect. Except as specifically amended, updated and modified by this Amendment, the Agreement shall remain unchanged and in full force and effect. Each and every term and provision of this Amendment is hereby incorporated into the Agreement, so that each and every term and provision of this Amendment shall constitute a part of the Agreement as amended, modified and updated hereby. Further, the Agreement is hereby ratified and confirmed by the Seller and the Buyer. 5. Conflicts. In the event of any conflict between the terms and provisions of the Agreement and the terms and provisions of this Amendment, the terms and provisions of this Amendment shall govern, control and prevail. 6. Counterparts. This Amendment may be executed in any number of separate counterparts (including by electronic application or electronic transmission), provided that both the Seller and the Buyer executes at least one counterpart, and each of which when so executed and delivered will be deemed an original counterpart to this Amendment, but all such counterparts together will create and constitute but one and the same instrument. Signature pages may be detached from multiple separate counterparts and attached to a single counterpart so that all signature pages are physically attached to the same instrument. A signature of the Seller and/or the Buyer sent by any type or form of electronic application or electronic transmission will have the same force and effect as an original signature and will be binding upon the Seller and/or the Buyer. [Signatures on Following Page] IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective as of the day and year first above written. BUYER: MCDOWELL ACQUISITIONS, LLC, a Delaware limited liability company By: McDowell Properties, a California corporation, its Manager 0 Kenneth Lee President SELLER: RAYMOND J. BOZICNIK TRUST Racy 80zkK4k By: Ray trozicnik (Jul 14.202315:01 EDT) Name: Its: NICOLETTE RAE BAYER TRUST NicoWte Halai-Twt Nicolette R Bauer Trust (Jul 14. 202314:14 EDT) By: Name: Its: DocuSign Envelope ID: 9BA4BB2E-792E-46B4-869A-626DC65F3266 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective as of the day and year first above written. BUYER: MCDOWELL ACQUISITIONS, LLC, a Delaware limited liability company By: McDowell Properties, a California corporation, its Manager �o Sg ed by: By: i Kenneth Lee President SELLER: RAYMOND J. BOZICNIK TRUST By: _ Name: Its: NICOLETTE RAE BAUER TRUST By: _ Name: Its: 3 DocuSign Envelope ID: F996371D-2F2C-49F5-AO16-Al48872CB5F6 FOURTH AMENDMENT TO COMMERCIAL CONTRACT This Fourth Amendment to Purchase and Sale Agreement (this "Amendment") is made as of September F 12 ], 2023 by and between MHP COLLIER II, LLC, a Florida limited liability company ("Buyer"), and RAYMOND J. BOZICNIK, AS TRUSTEE OF THE RAYMOND J. BOZICNIK TRUST AGREEMENT DATED SEPTEMBER 18, 2008 ("Bozicnik") and NICOLETTE RAE BAUER, AS TRUSTEE OF THE NICOLETTE RAE BAUER TRUST AGREEMENT DATED JUNE 24, 2008 ("Bauer" and, together with Bozicnik, collectively the "Seller"). WHEREAS, MCDOWELL ACQUISITIONS, LLC, a Delaware limited liability company (the "Initial Buyer") and Seller entered into that certain Commercial Contract effective October 24, 2022 (the "Contract"), as amended by that certain First Amendment to Commercial Contract dated February 9, 2023 (the "First Amendment"), as further amended by that certain Second Amendment to Commercial Contract made as of May 12, 2023, as amended by that certain Third Amendment to Commercial Contract made as of July 14, 2023 (the "Third Amendment"), as assigned by the Initial Buyer to the Buyer pursuant to that certain Assignment of Purchase Agreement entered into as of August 2, 2023 (the "Assignment" and, together with the Contract, the First Amendment, the Second Amendment, and the Third Amendment, collectively, the "Agreement") concerning the purchase and sale of those certain lands more particularly described in the Agreement (the "Property"); and WHEREAS, the Buyer and Seller wish to further amend the Agreement to (i) correct a scrivener's error with respect to the Parcel ID's for the Property as the same are listed in the Contract, First Amendment, Second Amendment, Third Amendment, and Assignment, (ii) include all addresses relating to the Property, and (iii) attach the legal description for the Property, which was erroneously omitted from the Contract, to the Agreement, all to clarify the transaction contemplated by the Agreement; and WHEREAS, the Buyer and Seller also wish to further extend the Buyer's due diligence period as further described herein. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, it is agreed to by Seller and Buyer as follows: 1. Recitals. The Recitals set forth above are true and correct and are fully incorporated into this Amendment as substantive terms and provisions. 2. Capitalized Terms; Defined Terms. All the capitalized terms used in this Amendment, but not expressly defined in this Amendment, shall have the meanings assigned to such capitalized terms as set forth in the Agreement. 3. Seller. Notwithstanding anything in the Agreement to the contrary, any prior reference to the Raymond J. Bozicnik Trust in the Agreement shall mean and refer to Raymond J. Bozicnik, as Trustee of the Raymond J. Bozicnik Trust Agreement Dated September 18, 2008. Notwithstanding anything in the Agreement to the contrary, any prior reference to the Nicolette Rae Bauer Trust in the Agreement shall mean and refer to Nicolette Rae Bauer, as Trustee of the Nicolette Rae Bauer Trust Agreement Dated June 24, 2008. DocuSign Envelope ID: F996371D-2F2C-49F5-A016-A148872CB5F6 4. Street Address. The Street Address of the Property described in Section 1 of the Agreement is hereby deleted and replaced with the following: "Street Address: land located at 6360 Collier Blvd., Naples, Florida 34114, Parcel ID #00725640004 and land located at 894 Henderson Creek Dr., Naples, Florida 34114, Parcel ID #00725040002." 5. Due Diligence. The first sentence of Section 7(b) is hereby deleted and replaced with the following: "Buyer will, at Buyer's expense, have until October 25, 2023 ("Due Diligence Period"), to determine whether the Property is suitable, in Buyer's sole and absolute discretion." 6. Exhibit A. The Buyer and Seller agree that Exhibit A was unintentionally omitted from the Contract and further agree that Exhibit A attached hereto is hereby attached to the Agreement as Exhibit A. Seller represents, warrants, and agrees that the real property identified by the legal description attached hereto as Exhibit A is, at the time of the execution of the Contract was, the legal description for the real property contemplated to be sold by Seller to the Buyer pursuant to the Agreement. In the event Buyer obtains a survey of the Property prepared by a Florida licensed surveyor (the "Property Survey"), which Property Survey is certified to and in favor of Seller and such Property Survey includes a metes and bounds legal description of the Property (the "Metes and Bounds Property Description"), then at closing the Seller hereby agrees to deliver to Buyer a duly executed quit claim deed conveying title to the Property via the Metes and Bounds Property Description. 7. Escrow Release. Buyer and Seller agree that subsequent to the execution of this Amendment,. THIRTY THOUSAND and NO/100 U.S. Dollars ($30,000.00) of the First Deposit will be released by the Escrow Agent to the Seller (the "Released Amount"). Buyer agrees to provide instructions to the Escrow Agent confirming its consent the release of the Released Amount within two (2) business days following the execution of this Amendment by Buyer and Seller. 8. Ratification: Full Force and Effect. Except as specifically amended, updated and modified by this Amendment, the Agreement shall remain unchanged and in full force and effect. Each and every teen and provision of this Amendment is hereby incorporated into the Agreement, so that each and every term and provision of this Amendment shall constitute a part of the Agreement as amended, modified and updated hereby. Further, the Agreement is hereby ratified and confirmed by the Seller and the Buyer. 9. Conflicts. In the event of any conflict between the terms and provisions of the Agreement and the terms and provisions of this Amendment, the terms and provisions of this Amendment shall govern, control and prevail. 10. Countemarts. This Amendment may be executed in any number of separate counterparts (including by electronic application or electronic transmission), provided that both the Seller and the Buyer executes at least one counterpart, and each of which when so executed and delivered will be deemed an original counterpart to this Amendment, but all such counterparts together will create and constitute but one and the same instrument. Signature pages may be detached from multiple separate counterparts and attached to a single counterpart so that all signature pages are physically attached to the same instrument. A signature of the Seller and/or the Buyer sent by any type or form of electronic application or electronic transmission DocuSign Envelope ID: F996371 D-2F2C-49F5-A016-A148872CB5F6 will have the same force and effect as an original signature and will be binding upon the Seller and/or the Buyer. [Signatures on Following Page] DocuSign Envelope ID: F996371D-2F2C-49F5-A016-A148872CB5F6 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective as of the day and year first above written. BUYER: MHP Collier II, LLC, a Florida limited liability company By: MHP Collier II Manager, LLC, a Florida limited liability company, its Manager D—Signed by: By: visfoPlu (^ SL^ esiisereeaeea�9... Christopher Shear Chief Operating Officer SELLER: .&�wo;4,2 Foziuii� Tk ftee Raymond J. Bozicnik, Trustee (Sep 12, 202316:18 EDT) RAYMOND J. BOZICNIK, AS TRUSTEE OF THE RAYMOND J. BOZICNIK TRUST AGREEMENT DATED SEPTEMBER 18, 2008 ,Vl C feffe- Rae- &A,9 ,, 7'r",P&e- Nicolette Rae Bauer, Trustee (Sep 12, 2023 17:04 EDT) NICOLETTE RAE BAUER, AS TRUSTEE OF THE NICOLETTE RAE BAUER TRUST AGREEMENT DATED JUNE 24, 2008 4 DocuSign Envelope ID: F996371D-2F2C-49F5-A016-A148872CB5F6 EXHIBIT A Legal Description The land referred to herein below is situated in the County of Collier, State of Florida, and described as follows: Parcel 1: From the intersection of the East line of State Road 5-951 with a line lying 501.493 feet South of the established North line of the South 1/2 of the South 1/2 of Section 3, Township 51 South, Range 26 East, Collier County, Florida, run South 89'23'55" East 199.02 feet, parallel with the said established North line of the South 1/2 of the South 1/2, to establish the Point of Beginning. Thence from the Point of Beginning continue South 89°23'55" East 150.00 feet; thence South 0°36'05" West 1023 feet, more or less, to the centerline of a County Drainage Easement, according to an instrument recorded in Official Record Book 76 at Pages 127 and of the Public Records of said County; thence Southwesterly 172 feet, more or less, along said centerline to a line bearing South 0'36'05" West and passing through the Point of Beginning; thence North 0°36'05" East 1103 feet, more or less, to the Point of Beginning. Less the Lands described in Book 5811, Page 616. Parcel 2: Beginning at the intersection of the East line of State Road 5-951 with a line lying 501.493 feet South of the established North line of the South 1/2 of the South 1/2 of Section 3, Township 51 South, Range 26 East, Collier County, Florida, run South 89°23'55" East 199.02 feet, parallel with the said established North line of the South 1/2 of the South 1/2; thence South 0°36'05" West 1103 feet, more or less, to the centerline of a County Drainage Easement, according to an instrument recorded in Official Record Book 76 at Page 127 of Public Records of said County; thence Southwesterly 275 feet, more or less, along said centerline to the said East line of State Road 5-951; thence North 2`28'35" East 1237 feet, more or less, to the Point of Beginning. Less the Lands described in Book 1399, Page 224. 5 Exhibit 4 — Experience and Capacity of the Team MHP is the affordable development and investment arm of McDowell Properties, a national multifamily housing investment company focused on the acquisition, management, and repositioning of apartment communities in growth markets across the United States. Since 2004 McDowell Properties has capitalized the acquisition, redevelopment, and operation of over 45,000 apartment units ($2.5BN of real estate assets) with a specific focus on in-depth capital improvements, operational efficiencies, and community creation to provide more than just "four walls and a roof" to thousands of families across the US. The company has active offices in Dallas, New York, Miami, San Francisco, and Raleigh. Our principals average over 20 years of experience in developing, optimizing, operating, and recapitalizing conventional, workforce, and housing Section 42 low-income tax credit housing across the country. Leveraging McDowell Properties' deep in-house operating platforms, including a vertically integrated team of finance, construction, project management, accounting, and asset management staff, MHP implements a specific mission to create and preserve high -quality affordable housing communities that provide America's workforce a safe, secure, and sustainable place to call home. At MHP we maintain a keen focus on the creation of innovative and valuable social programs that drive tenant satisfaction within our affordable housing communities. McDowell Housing Partners has established a team of professionals with a long track record of successfully producing and operating rent and income -restricted assets. MHP principals and key staff have completed the development of over 3,000 affordable/workforce units, most within Florida. We have currently over 1,500 units under construction. The MHP team has a demonstrated track record of successfully partnering with state and local governments to deliver the essential workforce and affordable communities that house the families who make communities thrive. With dwindling resources available to supplement the skyrocketing cost and demand for workforce and affordable housing, it has become extremely challenging to viably structure quality affordable/workforce housing developments within the State of Florida. To be successful development teams must have local development knowledge; employ creative finance techniques and processes; pledge financial capacity and resources to any extent necessary and uphold a resolute commitment to see the job through. Our experience and strong relationships with financial partners allow us to secure the most competitive financing terms in the industry. But relationships are often not enough. To mitigate the challenging constraints of developing affordable housing the MHP team relies on in-depth experience with Section 42 of the tax code (LIHTC), creativity in financial structuring, and perseverance to leverage all available sources of funding so we can deliver on time and as promised. EKOS ON COLLIER - OCTOBER 2023 12 All funding applications are prepared in-house, as well as the financial feasibility analysis to determine the appropriate funding structure and sources to use for each project. The MHP team has demonstrated ability utilizing intricate financing products and methods, such as FHA - insured mortgages (221(d)(4) and 223(f) loans, Multi -family Mortgage Revenue Bonds, HOME Investment Partnership loans, Affordable Housing Partnership loans (AHP), Florida's State Apartment Incentive Loan program (SAIL), Community Development Block Grants (CDBG), Tax - Increment Financing (TIF), renewable energy incentives, Department of Revenue sales tax rebates, as well as various other state and local programs. MHP has ample experience working with non-profit organizations and local municipalities. We have two projects under construction in partnership with the Collier County Community Land Trust (Ekos Allegro and Ekos Cadenza). Finally, we recently closed Douglas Gardens Senior and Health a 410-unit project in Broward County developed in conjunction with Miami Jewish Health further exemplifying our ability to partner with both local municipalities and non-profit organizations. The Development Team has an established track record of successfully working with Collier County and successfully securing competitive sources of state and local gap financing including an 82-Unit Family Demographic funded through a Community Development Block Grant program Ekos on Santa Barbara is approaching construction completion. The project is also in partnership with the County utilizing a 99-year land lease. EKOS ON COLLIER - OCTOBER 2023 13 Exhibit 5 — Specialized Expertise of Team Members MHP has developed a relationship with a team of professionals that excel in each of their fields. Please refer to the attached resumes. • Fugleberg Koch is a renowned Orlando based architectural firm with multiple projects in Collier County. • Davidson Engineering is an engineering firm with over 25 years of experience with offices in Collier County. • Hennessy Construction Services is St Petersburg based general contractor with over 100 years of experience and currently building in Collier. • Asset Living with over 200,000 units and 5,000 Employees under management and extensive knowledge of the LIHTC and workforce programs. • Nelson Mullins Riley & Scarborough LLP, our legal consultant with expertise in LIHTC, local relations, and real estate transactions. EKOS ON COLLIER - OCTOBER 2023 14 A Fugleberg Koch Company AFFORDABLE HOJUSRAG FK Architecture I www.fkcompanies.com I AR0009897 M I wW ■ �e e P � JA TRAILS LAFAYETTE GARDENS BRYCE LANDINC TUSVILLE, FL TALLAHASSEE, FL CLAY COUNTY, A AFFORDABLE HOUSING The availability of affordable housing for our nation's workforce and families continues to be an important part of a stable and healthy community. The affordable consumer seeks the same conveniences as other market segments, such as schools, shopping, parks and accessibility to work. FK Architecture has been a pioneer in affordable and workforce housing since the early` 70's. We have extensive experience working with the various government programs, private development strategies and public/ private joint initiatives.-=� Designing affordable communities for people and families that keep towns and cities alive with their hard work, is where we draw the most inspiration. Changing and improving lives for the better is our basic mission as architects. Cx . ■�� c w.w-r ..per' Y J-. M ' I f ._ p 1�now X. r r /'000, f PALMS AT TOWN CENTER •_ - - P Lms arT, [CENTER APART _.. .,_. rT J,A AREO EUSTIS, FL 254 UNITS AMENITIES Clubhouse Fitness Center Courtyard Shuffleboard Courts VALENCIA GROVE I SPRING HILL, FL 796 UNITS AMENITIES Communal Lobby Fitness Center National Green Building Standards (NGBS) Certification L HAMMOCK RIDGE PINE HILLS, FL 96 UNITS AMENITIES Low -Income Senior Housing Complex NGBS Green Certified at the Silver Level Computer & Library Room Clubhouse Q EMERALD VILLAS PHASE II As a vital force in the professional community, FK Architecture is poised to lead through understanding, innovation, and team work for those they serve. If you would like to speak with us regarding your project or development opportunities, please contact: 2555 Temple Trail, Winter Park, FL 32789 407-629-0595 www.fkcompanies.com AR0009897 DE DAVIDSON E N G I N E E R I N G ESTABLISHEDI_Ir DAVIDSON ENGINEERING (DE) HAS BEEN IN BUSINESS SINCE 1997 AND HAS A PROVEN TRACK RECORD OF SUCCESS IN GETTING THE JOB DONE FOR OUR CLIENTS. DE was founded by Jeff Davidson, P.E., a local native to Collier County, more than 25 years ago. He has directed the growth of Davidson Engineering into a multi- disciplinary firm providing quality Civil Site Design, Land Planning and Permitting Services for projects throughout southwest Florida. While the firm has grown, Davidson Engineering remains accessible to clients and continues its "hands on" approach to all projects that the company works on to ensure a high level of client service. The strengths of the firm are based on a strong localr' knowledge and extensive experience designing projects`.- and working with local, state and federal agencies to incorporate workable solutions for our client's. Areas of Expertise • Conceptual Engineering and Site Planning • Site Development Plan (SDP) Design and Permitting • Construction Engineering Inspections (CEI) • Construction Project Management and Administrative Services • Construction Cost Estimating / Bid Review • Roadway Design, Re -alignment and Extensions • Stormwater Management Design • Right of Way / FDOT Design and Permitting • Zoning and Engineering Feasibility Studies • Paving, Grading and Drainage Improvements • Utilities (Water and Wastewater) Engineering • ADA Site Compliance Assessments • PUD Studies and Monitoring Reports • Pedestrian and Sidewalk Improvements • Overall Site Remediation DAVIDSONENGINEERING//4365 Radio Road Suite201 Naples, FL34104 239.434.6060 www.davidsonengineering.com DE DAVIDSON E N G I N E E R I N G ESTABLISHED 1997 �■ Ryan White, P.E. Project Manager Ryan White joined Davidson Engineering, Inc. in July 2004. An accomplished professional engineer and native to the Naples area, Ryan White has over 20 years of experience in site design and permitting on a multitude of private and public sector projects. While at Davidson Engineering, Ryan has managed and permitted numerous projects ranging in size for both, public and private clients. Throughout the course of these projects Ryan has gained extensive knowledge of local and state developments codes and has earned the respect from staff at Collier County, Florida Department of Environmental Protection, and South Florida Water Management District. He has served as a local design representative of the Collier County Utility Standards Committee, a position he was asked to join by local government staff. Education B.S. Civil Engineering University of Central Florida Licenses Professional Engineer (FL) License No. 67400 Memberships Florida Engineering Society American Society of Civil Engineers National Society of Professional Engineers Relevant Experience • Camden Cove Apartments - 288 Multi -Family Affordable Housing Apartments within a Planned Unit Development (PUD), Collier County • Regatta Landings - Gated Waterfront Community of 64 coach homes, Collier County • Moorings Park - 88-acre independent, assisted living and skilled nursing facility including six (6) mid rise residence towers, an operation center, clubhouse expansion, parking garages, and a 30-bed assistant living facility, City of Naples • Jumby Bay - Platted subdivision on 1.44 acres including nine (9) single family homes, City of Naples • Youth Haven - Privately funded facility featuring multiple cottages, group housing building, administration building and a day care center, Collier County • Botanical Place - 218 multi -family units with clubhouse and associated amenities on approximately 19.3 acres, Collier County • AVOW Hospice House - 6,600 sf multi -purpose building and a Youth Center including additional parking, stormwater modifications and infrastructure improvements, Collier County 9 Jeff Davidson, P.E. President DE DAVIDSON E N G I N E E R I N G ESTABLISHED 1997 Jeff Davidson founded Davidson Engineering in 1997 and serves as its President. He has directed growth of Davidson Engineering into a multi -disciplinary firm providing quality Civil Site Design, Land Planning and Permitting services for projects throughout southwest Florida. He has had the pleasure of working for both private and public sector developments including site design and permitting for single family and multi family residential communities, commercial office buildings, medical facilities, several public and private school campuses, affordable housing communities, assisted living facilities and governmental facilities. While the firm has grown, Jeff remains accessible to clients and continues his "hands on" approach with all Collier County projects that the company works on in order to ensure a high level of client service. Education B.S. Civil Engineering University of South Florida Licenses State of Florida Professional Engineer License No.47161 Memberships Florida Engineering Society American Society of Civil Engineers Relevant Experience • Camden Cove Apartments - 288 Multi -Family Affordable Housing Apartments within a Planned Unit Development (PUD), Collier County • Regatta Landings - Gated Waterfront Community of 64 coach homes, Collier County • The Gables - Small Residential Subdivision with seven (7) two-story single family residences, City of Naples • Moorings Park - 88-acre independent, assisted living and skilled nursing facility including six (6) mid rise residence towers, an operation center, clubhouse expansion, parking garages, and a 30-bed assistant living facility, City of Naples • Youth Haven - Privately funded facility featuring multiple cottages, group housing building, administration building and a day care center, Collier County • Botanical Place - 218 multi -family units with clubhouse and associated amenities on approximately 19.3 acres, Collier County • AVOW Hospice House - 6,600 sf multi -purpose building and a Youth Center including additional parking, stormwater modifications and infrastructure improvements, Collier County • Valencia Golf and Country Club - Single Family Residential Community including an 18-hole golf course, clubhouse facility and community pool located within a Planned Unit Development (PUD), Collier County Ron DeSantis, Governor Melanie S. Griffn,Secretary F B P F STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES DAVIDSON, JEFFREY Ll 4365 RADIO ROAD d SUITE 201 NAPLES FL 341 LI ENSE NUMBER: PE47161 EXPIRATION DATE: FEBRUARY 28, 2025 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. Ron DeSantis, Governor Melanie S. Gri.n,lecreA F B P E FLORIDA BOARD OF STATE OF FLORIDA ras BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDERTHE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES WHITE, RYAN ALAN 27280 BARBAROSA STREET , BONITA SPRINGS FL 34135 LICENSE NUMBER: PE67400 EXPIRATION DATE: FEBRUARY28,2025 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. a r This is your license. It is unlawful for anyone other than the licensee to use this document. COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 030017 COLLIER COUNTY TAX COLLECTOR- 2800 N. HORSESHOE DRIVE- NAPLES FLORIDA 34104- (239) 252-2477 VISIT OUR WEBSRE AT: www.colliertaxmieclor.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2023 LOCATION: 4365 RADIO RD #201 LONEDOND365 INDUSTRIAL SIC8711 G O DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION, Coe FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. BUSINESS PHONE: 434#060 STATE OR COUNTY LIC p: 00009496 �` 2 DAVIDSON ENGINEERING, INC. orporalion -1 C.% ENGINEERING, ENGINEERING, INC. 4365 RADIO 4365 RADIO RD „ NAPLES, FL 34104 CLASSIFICATION: ENGINEERING BUSINESS -THIS TAX IS NON -REFUNDABLE - CLASSIFICATION CODE: 03600101 V O� DATE 07/0530.00 y _ ,[ AMOUNT 30.05 This document is a business tax only. This is not certification that IicenseTb isPP�liff�E. ` RECEIPT W W W-23-00047005 It does not Permit the licensee to violate any existing regulatory zoning laws h c�ur�.o i11 nor does it exempt the licensee from any other taxes or permits that may be required by law. ; '^ STATE OF FLORIaA PARTM ENT OF BLiSINESS+ANC> PROFESSIONAL REGL1LATIO BOARa QF PROl=�S"SiOMAL Et.4-G[ VEERS 'r 4IE FNGI"E EfilraG RUSI NESS VIEREI 14 IS AUTHORIZED UNDER THE PROVIIStONS OF CF iAPTER 41 ,1, Xt-CsRIDA STATUTES DAVIDSON ENGINEERING, i 4'i65 RAt714 Rona - STE. 203. •: NAIRLES - FL 34104 ICUMENT# P97000080247 City Name: DAVIDSON ENGINEERING, INC. Trent Principal Place of Business: 5 RADIO ROAD, SUITE 201 'LES. FL 34104 rrent Mailing Address: 55 RADIO ROAD, SUITE 201 PLIES, FL 34104 US Number: 65-0783164 1e and Address of Current Registered Agent: DSON, JEFF L HUNTERS ROAD -ES. FL 34109 US FILED Jan 30, 2023 Secretary of State 4836571949CC Certificate of Status Desired: No above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. 3NATURE: Electronic Signature of Registered Agent Date for Detail P Title VP, TREASURER, SECRETARY DAVIDSON, JEFF L Name DAVIDSON, LEAETTA M 6620 HUNTERS ROAD Address 6620 HUNTERS ROAD NAPLES FL 34109 City -State -Zip: NAPLES FL 34109 HENNESSY CONSTFIRCTION RVICES AHENNESSY CONSTRUCTION SERVICES COMPANY INFORMATION Hennessy Construction Services Corp. 2300 22nd Street North, St. Petersburg, Florida 33713 License Number: CGC1526056 Mark Stalker, Owner/President (since 2017) ph (727) 821-3223 x136 / f (727) 822-5726 mstalker@hcsfl.com FIRM HISTORY The firm was established in 1920. In 2014 Mr. Mark Stalker assumed the role of President and in 2017 purchased the company from Bronson Alexander. 1920-1948: A.P. Hennessy 1948-1975: A.P. Hennessy & Sons 1975-1986: Dara-Hennessy Construction Company 1986-present: Hennessy Construction Services Corp. Detailed firm history is located on the following page. FIRM SIZE 47 Employees (16 in -office, 31 on job sites) EXPERIENCE & BACKGROUND Based in St. Petersburg, Hennessy Construction Services has projects throughout the Tampa Bay region and the state of Florida. Our current primary focus is on Construction Management projects, but we have an extensive resume of General Construction and Design/ Build projects as well (dating back to 1920). Some well- known examples are: • St. Mary's Church, 1926 • St. Paul's High School, 1948 • St. Petersburg Museum of Fine Arts, 1964 (and Hazel Hough Addition, 2008) • St. Anthony's Cancer Care Center, 1992 • Tampa -Hillsborough Expressway Authority Transportation Management Center (THEA), 2005 • St. Pete Beach Community Recreation Center Renovation & Addition, 2007 • Pinellas Co. Public Works Operations Building & Vehicle Storage Building (PWERB), 2010 • New Port Richey Recreation & Aquatic Center, 2018 • Mary Bethune Senior Apartments Renovation, 2020 ilI I VI F.l Ok Hennessy Corporate Office circa 1960 Jim & Heather Gills YMCA Tampa Catholic High School Gymnasium Renovation & Addition 2300 22nd Street North, St. Petersburg, FL I p (727) 821-3223 1 f (727) 822-5726 1 HCSFL.com HENNESSY HISTORY HENNESSY TODAY A history rich in tradition began in 1920 when a young Irish immigrant, AEneas P. Hennessy, moved his family to St. Petersburg and founded a new company, A.P. Hennessy. A.P. Hennessy's first major project was for the Catholic Diocese, a new cathedral in downtown St. Petersburg, St. Mary's Church, which is still serving the community today. In 1948, when AEneas' sons, Tom and Kell, came to work with their father, the company became A.P. Hennessy & Sons, Incorporated. In 1975, due to union and open shop labor competition a new company was created for open shop labor contracts, Dara-Hennessy Construction Co. COMMUNITY INVOLVEMENT The Hennessy family retained control until 1983, when Ken Hall purchased the company and in 1986, the name was changed to Hennessy Construction Services Corp. In 2014, Mark Stalker was promoted to president and in 2017 purchased the company from Bronson Alexander. Under Mark's leadership the company continues to thrive, establishing itself as one of the Tampa Bay area's premier, quality -oriented contractors. Hennessy is a stable, close-knit group, with many working for the company for more than ten years. With a focus on customer service and satisfaction, Hennessy has completed more than $388m in construction projects since 1998, much of it with repeat clients. Some of the more notable projects include St. Anthony's Hospital, Jim & Heather Gills YMCA, St. Petersburg Catholic High School, Don Cesar Beach Resort, Mahaffey Theater, the Sundial, and the Museum of Fine Arts. Hennessy Construction takes great pride in our community and our role as a responsible corporate citizen. Our employees volunteer their time and talent to a number of organizations in the area. Hennessy also builds needed projects for no fee (or sometimes even at no cost) to the charitable organization, as well as assists with their various fundraising efforts. 2300 22^d Street North, St. Petersburg, FL I p (727) 821-3223 1 f (727) 822-5726 1 HCSFL.com iTi uCILIILIC16%w r�- Ron DeSantis, Governor Florl d�. dbr STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, Secretary CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES NIELSEN, KENNETH KUDSK HENNESSY CONSTRUCTION SERVICES CORP. 2300 22ND STREET NORTH ST. PETERSBURG FL 33713 �/ LICENSE NUMBER: CGC1526056 EXPIRATION DATE: AUGUST 31, 2024 Always verity licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. State of Florida Department of State I certify from the records of this office that HENNESSY CONSTRUCTION SERVICES CORP. is a corporation organized under the laws of the State of Florida, filed on March 19, 1975. The document number of this corporation is 472138 I further certify that said corporation has paid all fees due this office through December 31, 2023, that its most recent annual reportluniform business report was filed on January 4, 2023, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fourth day of January, 2023 Q6 _ 4CIE t�aanws+*� Secretary of. rate Tracking Number: 4651305998CC To authenticate this certilicate,visit the following sitgeuter this number, and then follow the instructions displayed. https://semices.sunbiz.org/Filiogs/CerfifrcateOfStatus/Certif,,,teA,thentication PINEI.I,AS COUNTY CONSTRUCTION LICENSING BOARD THIS CERTIFIES THAT Kenneth Kudsk Nielsen DBA Hennessy Construction Services Corp STATE CERT # I-CGC1526056 HAS FILED HISAIER LICENSE AND PROOF OF REQUIRED LIABILITY AND WORKERS' COMPENSATION INSURANCE: WITH THIS BOARD. IN GOOD STANDING UNTII, September 30, 2023 DATE OF ISSUANCE 07/29/2022 WHY CHOOSE HENNESSY CONSTRUCTION Team Approach. We believe in a Team approach and that clear communications between all project team members is the key to success. Hennessy's president, Mark Stalker, personally monitors the entire construction process to ensure a flow of communications is established with your key representatives and everyone is fully informed of the progress. Experience. With 100+ years of construction experience, our consistent attention to detail and high -quality workmanship have been instrumental in building a foundation of trust with our clients. Our reputation for providing projects completed on time and within or below budget ensures a large base of repeat business and referrals from satisfied clients. Creativity. Our creative process begins with a LEADERSHIP St. Petersburg based for 100+ yrs St. Petersburg community leaders Local knowledge Experienced project team Owner involvement in project keen sensitivity to your needs and most importantly, your budget. As simple as it may be, we take the time to listen to your objectives and make those objectives our own. We take a pro -active approach to solving problems and achieving goals. Promises Kept. Providing service beyond what was contracted for and being responsive and adaptive at every level is top priority for each Hennessy team member. Peace of Mind. Hennessy invites you to be involved in the construction process. Our door is "always open" to you and open book accounting, reliable record keeping and coordination with other disciplines means there will be "no surprises." We want your construction experience to be a positive one. MANAGEMENT ADMINISTRATION Continuity of team Procore Project Management Timely communication Microsoft Project Scheduling Attention to detail StarBuilderJob-cost Accounting Thorough follow-through WinEst and iSgFt Estimating Team approach Monthly progress reports Open book approach Weekly project team & sub meetings 2300 22^d Street North, St. Petersburg, FL I p (727) 821-3223 1 f (727) 822-5726 1 HCSFL.com Mark Stalker PRESIDENT x�. EDUCATION University of Florida, Bachelor of Building Construction CREDENTIALS & CERTIFICATIONS ' 14 years with Hennessy Construction Ire, 41 years of construction experience in Tampa Bay State of Florida Certified GC Ken Nielsen VICE PRESIDENT I SAFETY DIRECTOR EDUCATION St. Petersburg College, Building Construction Program CREDENTIALS & CERTIFICATIONS 14 years with Hennessy Construction 37 years of construction experience Coast Guard Captains License OUPV State of Florida Certified GC Craig Hendrickson PRECONSTRUCTION SERVICES MANAGER/ SENIOR ESTIMATOR EDUCATION VA Polytechnic State University Master of Architecture Bachelor of Architecture CREDENTIALS & CERTIFICATIONS 8 years with Hennessy Construction 18 years of construction experience AZ I CO I FL I NM I VA I WA Market Experience VI EXPERIENCE Mark Stalker, a native of St. Petersburg, has built some of the largest projects in the area, most notable as the Project Manager for construction of Raymond James Stadium. Mark's familiar with design/build, construction management and general contracting project delivery methods. He leads day-to-day operations and pre -construction functions. His involvement with a project starts with early design and estimating phases, through start of construction. EXPERIENCE In 2009, Ken Nielsen joined Hennessy, only his third employer during his 31+ years construction career. He's worked not only as a superintendent, but also as an estimator and project manager. And, his experience includes everything from tenant build -out of a doctor's office to 6-story, 33,000 sf condominiums. In 2014, Ken was promoted to Vice President of Operations. He monitors the progression and quality of construction on all projects, ensuring that all contract obligations are met for our clients' complete satisfaction. EXPERIENCE Craig joined Hennessy in 2015 and has experience as a project manager and estimator which compliments his architectural education from Virginia Tech. Craig can provide full pre -construction management services including conceptual development, estimating, value engineering/ cost analysis, subcontractor pre -qualification and bid packaging. He has managed both negotiated & selective bid commercial building projects and maintains an excellent rapport with clients. 2300 22^d Street North, St. Petersburg, FL I p (727) 821-3223 1 f (727) 822-5726 1 HCSFL.com COMPANY ORGANIZATIONAL CHART ACCOUNTING Moira Dietrichsen Controller Kim Kline-Sassman Staff Accountant Christine Sheffler Staff Accountant Karen Barry A/P, Staff Accountant Assistant Carla Olstrom A/P Assistant Mark Stalker President PRECONSTRUCTION Craig Hendrickson Director of Preconstruction John Hess Estimator Brian Jarrell Estimator Jennifer Lind Estimator SUPPORT Amy Wachowiak, Executive Assistant John Irvin, Director of Project Development Casey Crone, Marketing Coordinator PROJECT MANAGEMENT Joel Leonard Wendy Miskewich Jim Drake Keith Hartsfield Alan -Anthony McClellan Neil Scully ADMINISTRATIVE Deb McWilliams Cyndi Turnage ENGINEERS Brad Juno Joy Pendergraph Wyche Kevin Stalker Diana Tyska-Ossi Ken Nielsen VP of Operations & Safety Director SUPERVISION Bruce Sanders Tom Canning Monty Delello Omar Fiffe Jerry Gaitley Donnie Green Ed Grubbs Heath Hardee Randall Hart Troy Kerr Scott Lowrance Joe Natale Randy Taylor Jeff Willich FIELD SUPPORT Glen Domchick Adrian Gomez Nick Hernandez Hunter Jones Carlos Ortiz Larios Joe Seeley QUAL. CONTROL/ WARRANTY MGR. Sam Hill 2300 22^d Street North, St. Petersburg, FL I p (727) 821-3223 1 f (727) 822-5726 1 HCSFL.com )HENNESSY CONSTRUCTION SERVICE S Mark Stalker President Ken Neilsen VP of Operations/Safety Director Craig Hendrickson Director of Preconstruction John Hess Senior Estimator Brian Jarrell Estimator Jennifer Lind Estimator Joel Leonard, 11, LEED AP Senior Project Manager Wendy Miskewich, LEED AP Senior Project Manager Jim Drake, Jr. Project Manager Keith Hartsfield, III Project Manager Alan -Anthony McClellan Project Manager Neil Scully Assistant Project Manager Brad Juno Project Engineer Joy Pendergraph Wyche Project Engineer Kevin Stalker Project Engineer Diana Tyska-Ossi Project Engineer Sam Hill Quality Control/Warranty Mgr. Bruce Sanders Senior Superintendent Tom Canning Superintendent Monty Delello Superintendent Omar Fiffe Superintendent Jerry Gaitley Superintendent Donnie Green Superintendent Ed Grubbs Superintendent Heath Hardee Superintendent Randall Hart Superintendent Troy Kerr Superintendent Scott Lowrance Superintendent Randy Taylor Superintendent Jeff Willich Superintendent 41 years/14 at HCS Office 37 years/14 at HCS Office 18 years/8 at HCS Office 25 years/4 at HCS Office 23 years/2 at HCS Office and Field 10 years experience Office and Field 27 years/10 at HCS Office and Field 31 years/31 at HCS Office and Field 20 years/10 at HCS Office and Field 39 years/4 at HCS Office and Field 11 years/6 at HCS Office and Field 9 years/4 at HCS Office and Field 6 years/3 at HCS Office and Field 21 years experience Office and Field 5 years/5 at HCS Office and Field 7 years/5 at HCS Office and Field 32 years/3 at HCS Field 43 years/5 at HCS Field 48 years/21 at HCS Field 48 years/7 at HCS Field 19 years experience Field 27 years experience Field 22 years/2 at HCS Field 23 years experience Field 9 years experience Field 10 years experience Field 28 years/21 at HCS Field 22 years/7 at HCS Field 38 years experience Field 10 years experience Field )HENNESSY CONSTRUCTION SERVICE S 7 April 5, 2023 RE: Our Client: Hennessy Construction Services Corp. To Whom It May Concern: USI Insurance Services 6100 Fairview Drive Suite 1400 Charlotte, NC 28210 www.usi.com Tel:704.543.0258 We have been asked by Hennessy Construction Services Corp. to share with you their ability to secure bonding. Their current bonds are written through American Alternative Insurance Corporation. Their current bonding capacity for single jobs is in the $30,000,000 range, with an aggregate work program of $90,000,000. We consider Hennessy Construction Services Corp. to be one of the more outstanding contractors in this area and we recommend them highly. Hennessy Construction Services Corp. is well managed, capably staffed and sufficiently financed to process the work they are bidding. American Alternative Insurance Corporation would be most willing to provide a Performance and Payment Bond, in the event Hennessy Construction Services Corp. is awarded and enters into a Contract satisfactory to all parties. Please note that the decision to issue Performance and Payment bonds is a matter between Hennessy Construction Services Corp. and American Alternative Insurance Corporation and will be subject to our standard underwriting at thetime of the final bond request, which will include but not be limited to the acceptability of the contract documents, bond forms and financing. We assume no liability to third parties or to you if for any reason we do not execute said bonds. American Alternative Insurance Corporation has an A.M. Best Financial Strength Rating of "A+" (Superior) and a Financial Size Categoryof XV ($2 Billion or greater). Sincerely, Digitally signed by Jennifer C. Hoehn �M c,-Jennifer C. Hoehn g,-Jennifer C. Hoehn c=US United States 1=U5 1` I a1�Ko/�/':_ United States Reason: the author d this document Location: Date: 2023-04-05 15:24-04:00 Jennifer C. Hoehn Surety Account Executive Property & Casualty • Employee Benefits • Personal Risk • Retirement Consulting The USI ONE Advantage' • MULTI -FAMILY CONSTRUCTION EXPERIENCE Astoria, G4708 Bradenton, FL New 120 08/2024 The Cadenza at Hacienda, G4702 Naples, FL New 160 0412024 Riverview 6, G4710 Bradenton, FL New 80 04/2024 Orchid Lake Apartments, G4705 Cocoa, FL New 90 03/2024 Arbor Park Apartments, G4700 North Port, FL New 136 01/2024 The Enclave Apartments, G4696 Eatonville, FL New 96 01/2024 Gardens Apartments, M4695 Tallahassee, FL Rehab 11/2023 Innovare Apartments St. Petersburg, FL New 51 11/2023 Seminole Square, G4706 Largo, FL New 96 11/2023 College Arms Towers, M4694 Deland, FL Rehab 10/2023 The Allegro at Hacienda, G4690 Naples, FL New 160 08/2023 Harmony on Santa Barbara, G4692 Naples, FL New 82 06/2023 Park Ridge Apartments, G4682 Mulberry, FL New 96 05/2023 Shoreline Villas Apartments, G4678 Ft. Walton Bch, FL New 72 0912022 Sunrise Point Ph IV, M4641 St. Petersburg, FL New 52 10/2021 Elements on Third, Bldg. 4, G4664 St. Petersburg, FL Rehab 80 06/2021 Lafayette Gardens Apts, G4673 Tallahassee, FL New 96 06/2021 Valencia Grove II Apartments, G4670 Eustis, FL New 110 06/2021 Elements on Third, Bldg. 5, G4664 St. Petersburg, FL New 45 03/2021 The Gathering at Arbor Green, G4648 Newberry, FL New 255 01/2021 Mary Bethune Apartments, G4651 Tampa, FL Rehab 150 09/2020 Oaks at Lakeside, G4660 Bradenton, FL New 96 09/2020 Osprey Pointe Apartments, G4649 Dade City, FL New 110 06/2020 The Addison, G4634 Bradenton, FL New 90 08/2019 Hammock Ridge Phase II, G4632 Spring Hill, FL New 92 06/2019 Chesapeake Apartments, G4617 Dunedin, FL New 44 05/2019 Douglas Gardens, G4621 Pembroke Pines, FL New 110 04/2019 Freedom Gardens II, G4624 Brooksville, FL New 94 03/2019 2300 22^d Street North, St. Petersburg, FL I p (727) 821-3223 1 f (727) 822-5726 1 HCSFL.com • MULTI -FAMILY CONSTRUCTION EXPERIENCE Hammock Ridge Phase I, G4603 Spring Hill, FL New 104 02/2018 Park at Wellington, Phase II, G4593 Holiday, FL New 110 02/2018 Park at Wellington, Phase I, G4591 Holiday, FL New 110 08/2017 Freedom Gardens, G4584 Brooksville, FL New 96 06/2017 Bay Breeze, M4543 St. Petersburg, FL New 40 11/2016 Valencia Grove, G4572 Eustis, FL New 144 03/2016 Whispering Palms, G4549 Largo, FL New 63 11/2015 Sand Pebble Court Apts, G4564 St. Petersburg, FL Rehab 18 10/2015 Boley Broadwater Place Ph4, G4503 St. Petersburg, FL New 10 07/2015 Cypress Pointe, G4517 St. Petersburg, FL New 26 02/2014 Aqua Apartments, G4495 Tampa, FL Rehab 196 12/2013 Boley Sunset Point Apts, G4507 Clearwater, FL New 14 11/2013 540 Town Center, G4490 St. Petersburg, FL Rehab 145 10/2013 Magnolia Court Apartments, G4499 St. Petersburg, FL New 26 09/2013 Boley Broadwater PI Ph1&3, G4503 St. Petersburg, FL New 14 08/2013 Boley Arlington Avenue Apts St. Petersburg, FL New 16 04/2011 Boley Twin Brooks Ph II, G4507 St. Petersburg, FL New 28 03/2011 Palm View, M4387 St. Petersburg, FL Rehab 101 08/2010 Suncoast Manor Villas St. Petersburg, FL Rehab 6 07/2010 Bahama Place, M4366 St. Petersburg, FL New 20 09/2009 Jamestown Apartments, M4304 St. Petersburg, FL New 21 03/2008 Palms, M4273 St. Petersburg, FL New 6 12/2007 F�411 Sunrise Point Hammock Ridge _19J��_•II . . Ta r Harmony on Santa Barbara 2300 22^d Street North, St. Petersburg, FL I p (727) 821-3223 1 f (727) 822-5726 1 HCSFL.com )HENNESSY CONSTRUCTION SERVICES 2300 22nd Street North St. Petersburg, FL 33713 Ph (727) 821-3223 CGC1526056 1 HCSFL.com [_l I f 'r goo IF t WHO WE ARE Founded in 1986, Asset Living ('Asset") is a real estate property management company specializing in maximizing value and revenue generation for property owners, developers and investment partners of affordable (HTC, Home and PBV programs), senior, multifamily and student housing properties. Based in Houston, Texas, Asset has offices and experienced staff in cities across the United States, a strong and diverse portfolio and a comprehensive array of services and resources that enable clients to realize the full potential of the value of their assets. WHAT WE BELIEVE We believe successful property management begins with hiring the best people and applying the best practices at each community. Our understanding of resident's lifestyle and desires helps ensure that they are provided the quality of life that enables them to accomplish their goals at the place they call home. With over 200,000 units and S,000 employees, Asset has the experience, commitment, and resources to provide the best living experience, while simultaneously exceeding our client's expectations. WHAT WE DO Through 3S years of experience and over a cumulative 400 years of executive experience, we have cultivated innovative techniques to provide a wide range of responsive and professional services through our property management platform. We foster trusted relationships with HUD and local housing authorities to ensure personalized and up-to-date eligibility requirements in accordance with all federal, state, and local housing requirements. We continually strive towards excellence in the delivery of our services to exceed our client's expectations. r1 100% TH I P D PARTY MANAGED 40+ STATES 40,000+ AFFORDABLE 200+ MARKETI T- .11 1000+ ASSETS Im 1 200,000+ UNITS ?i = ki VAI 1 [010 VAI MAI Ll I BE Ke stater.owfasi•g io; 40 C-Dwrale oll$ces: 1 N .I ASSET r_� D `GPgF p,STFSTa�a COMQP��• Inc. 500/5000 Award Wjk%' ACCREDITED AMG MANAGEMENT ORGANIZATION' Awarded by the Institute of Real Estate Management o NN 50 TOP MANAGER Ranked #3 TOP 100 LIST ATM NAHM NATIONAL AFFORDABLE HOUSING MANAGEMENT ASSOCIATION Ranked #3 HBJ Fastest Growing Companies Nkk NATIONAL APARTMENT ASSOCIATION MEMBER Nationally Recognized r_� Our well-known, national brand and aggressive recruiting platform attracts the best and brightest property management professionals. Notable certifications include: Likewise, our excellent training and education programs contribute • Certified Occupancy Specialist (COS®) to our long tenure across the company and create career paths for • Tax Credit Specialist (TCS) our bench strength. We think, act, and make decisions like investors • National Compliance Professional (NCP) you desire as your partner. Our team members are all highly skilled • Assisted Housing Professional (AHP) and dedicated to the overall success of our clients' investments. • Housing Credit Certified Professional (HCCP®) Corporate Forte: Our corporate office teams exist to support our site • Certified Professional of Occupancy (CPO) teams. Regional Supervisors have the authority to direct corporate • Continuing Certified Credit Compliance department resources to the needs that clients, site teams, and Professional (C4P) residents need. We experience extremely low turnover at our • Certified Property Manager (CPM®) corporate office, so we are able to achieve consistent quality and • Certified Apartment Portfolio Supervisor efficient support. (CAPS®) • Certified Apartment Manager (CAM®) Industry Achievement: We believe the key to quality client service is Accredited Resident Manager (ARM®) based upon well -trained and motivated personnel. We encourage all Certified Public Accountant (CPA®) of our employees to strengthen their professional skills through the achievement of appropriate designations. r_� ADIMPAMM11MIMA Ryan McGrath Chief Executive Officer + President Ryan is recognized as an expert in real estate property management for his achievements in strategic planning systems and hands-on leadership. As President and Chief Executive Officer of Asset Living, he oversees all operational aspects and leads an executive team todeliver the highest value to their clients. He is responsible for the company's growth initiatives, acquisition strategy, and team development. Under his direction, the family -built real estate firm has grown from a small, Houston -based business into a nationally recognized property management provider. Prior to joining Asset in 2007, Ryan worked in the investment banking division of Goldman Sachs and was responsible for the executionof M&A and financing transactions. He is a honors graduate of Vanderbilt University, where he received his Bachelor of Arts in Economicswhile competing on the varsity soccer team. Ryan is Vice Chairman of the Young Presidents' Organization's Houston Chapter and a Lifetime Ambassador for Texas Children's Hospital. A native Houstonian, Ryan resides in his hometown with his wife, Meredith, his son, Stone, and his two labs, Sako and Gunner. He enjoys outdoor adventure sports, mixed martial arts, reading, and spending time with this family. Hugh Cobb Principal Hugh is responsible for overseeing the affordable division and assisting the multi -family division. In addition, he helps lead strategic new business initiatives for Asset Living. Hugh has over 30 years of real estate experience, spanning management, brokerage, lending, and investment. Throughout his career, he has completed lease ups on over 28,000 new and renovated units, while also holding various executi\,e positions at Capstone Real Estate Services, The Trammell Crow Company, Integrity Properties and most recently, Alpha Barnes Real Estate Services. Hugh earned a Bachelor of Business Administration (Dean's List) from Texas Wesleyan University. After graduating, Hugh was appointed by President Reagan to serve as Congressional Liaison for The White House in Washington D.C. Hugh is the former President of the ApartmentAssociation of Greater Dallas (AAGD) and serves on the Executive Committee of the Texas Apartment Association (TAA). He has been recognized by the Institute of Real Estate Management as a Certified Property Manager. On a federal level, Hugh lobbies on behalf of issues important toreal estate investment, development, and housing affordability, in addition to serving several nonprofit organizations in board and advisDry capacities. r_� Michael Clark Principal Michaelis responsible for overseeing the operations and new business efforts for the affordable division of Asset Living. He started his career 40 years ago in the multi -family industry serving at the Dallas Housing Authority for several years before founding M-DC Group, where he served as president in various management and ownership firms specializing in affordable housing compliance, new construction, and asset growth. In 2000, M-DC Group, Inc. (known as Alpha Management) formed a partnership with The Barnes Company to found Alpha Barnes Real Estate Services in Dallas, Texas. Michael served as partner and owner of Alpha Barnes, successfully growing the organization to manage 30,000 units of affordable and conventional housing while being recognized as an industry leader in tax credit compliance. Michael is a graduate from High Point University in North Carolina and is a Housing Credit Certified Professional (HCCP). He has served in volunteer leadership roles throughout his career and has continued current roles with the Board of Directors of Texas Inter -Faith Housing, Inc., of Houston, Texas. He was previously the President of the Rural Rental Housing Association of Texas (RRHA), the Texas Affiliation of Affordable Housing Providers (TAAHP), as well as local Apartment Associations and the Texas Apartment Association (TAA). He is currently the President of the Texas Apartment Association Education Foundation (TAAEF). David Hargrove Principal David is responsible for assisting in the overall operations for the multi -family division. He has worked in the industryfor over 40 years, gaining expertise in commercial mortgage banking and multi -family management. At Asset Living, his goals include assuring the best possible experience for our clients and residents, as well as providing the best possible work environment for our employees. Prior to joining the Asset team, David was a founder of Greystone Management Services in Houston, TX. Greystone grewto 14,000 units, eventually selling in 1993 to the entity that would become Greystar. David worked at Greystar until 2000, when Greystone Asset Management was formed. David holds his CPM designation and is the past President of both the Houston Apartment Association and Texas Apartment Association. He is also a member of the national faculty for The Institute of Real Estate Management and an adjunct professor at The University of Houston Bauer School of Business. David holds a Bachelor of Arts degree from The University ofTexas at Austin and has also served in the Air Force and Texas Air National Guard. When David is not in the office, he enjoys spending time with his Thomas Shelton, CAPS, CPM Principal Tom is responsible for overseeing operations and new business effortsfor the multi -family division in the Southwest. Celebrating nearly 40 years as a recognized industry leader, Tom has held executive positions with a select number of the country's premiere multi -family owners and operators. Prior to his current role, Tom was the owner of Shelton Residential, a company which joined the Asset portfolio in 2020, expanding our Southwest footprint by 17,0000 units. Asa Principal of Asset Living, Tom continues to lead the operations, performance, and expansion of the combined firms throughout major markets in the West and Southwest. By expertly leveraging and refining the best practices of our combined companies, Tom ensures that current and potential clients receive best -in -class service that results in improved performance. Previously, Tom served as the Chairman of the Board of both the Arizona Multihousing Association and the National Apartment Association, as well as aboard member of the California Apartment Association. He is an active member of the National Multi -Family Housing Council and the Institute of Real Estate Management, from which he holds a CPM designation. Tom received a Bachelor's degree from Arizona State University. r_� Our experience and services include marketing, development lease -ups and operating hundreds of affordable, conventional and student housing projects through 3 unique operating platforms. As a pure -play player in the property management industry, our first priority is to drive performance at the site level through our unique approaches to marketing, customer service and O&M planning, which in turn drives investor/owner/client property values and profits. • OPERATIONS HUMAN RESOURCES Our industry experts put best practices, procedures, and policies into place to With decades of experience finding, maintaining, and managing top talent, we ensure efficiency and excellence at every level of your property know what works. Let us develop, train, and support on -site teams to ensure • Employee and property oversight your property runs seamlessly. • Facility Management Recruitment and talent development • Procurement and administration Benefits administration • Workforce management • FINANCIAL PLANNING AND ANALYSIS We see the value in every dollar. That's why we work proactively to help you ADVANCED DATA ANALYTI CS make calculated decisions that increase the value of your investment. Make informed decisions with exclusive access to a wealth of data insights, • Investor grade financial reporting collected over decades of property management experience. • Budget preparation and evaluation Historic market details and trends • Variance analysis and recommendations Proprietary data indexing system ASSET r_� • RESIDENT SERVICES As part of the property's LURA, we coordinate with third party non-profit groups that specialize in providing tenant services that meet project -specific Agency requirements • Catered programming and events create a sense of community • Resident retention is driven by caring on -site teams • We are service oriented and on -call 24 hours a day, 7 days a week • REGULATORY COMPLIANCE Ateam of compliance specialists work efficientlyto support property operations in accordance with all federal, state, and local housing requirements. • Train on -sites teams and provide continuing education • Quickly review every file for completeness and eligibility • Prepare for and participate in all site reviews and annual certifications PEAC PREPAREDNESS Preparedness is driven by continuous and routine interior and exterior inspections, a thoughtful capital needs assessment, and preventative maintenance for asset preservation • Pre-PEAC inspections conducted by the Asset Living corporate Facilities Team • 100% unit walk and exterior inspection to address any deficiencies • Knowledgeable team aware of the constantly evolving protocols for PEAC ASSET r_� MARKETING DUE DILIGENCE Our marketing efforts are proactive and personalized, with dedicated Gain a comprehensive understanding of your property's strengths and corporate resources for every partner. Using advanced digital advertising and weaknesses before you commit to your investment. Utilize custom -collected technology, we work to strengthen your property's reputation and data to make strategic price negotiations, NOI forecasts, and more. performance. 0 Thorough lease analysis • Website content management system 0 Unit interior assessments and room -by -room breakdowns • Logo design, branding, and rebranding 0 Detailed market analysis • Promotions, outreach, and resident event coordination 0 In -Depth operational assessment and recommendations MARKET RESEARCH CAPITAL IMPROVEMENTS Foolproof your forecasts and stay ahead of the market with an in-depth Hand your value -add projects over to our expert team for a stress -free analysis that covers market supply, competitive property surveys, pipeline experience from initial proposals to final completion. developments, university enrollment patterns, and more. 0 Bid and proposal oversight • Exclusive in-house database 0 CapEx recommendations and value -add analysis • Development pipeline tracking Complete coordination of major projects • University enrollment pattern identification DEVELOPMENT CONSULTING UNDERWRITING Make your property vision a reality with help from our seasoned team of Our experience spans more than 200 markets and over $20 billion of student experts and expansive vendor network. and multi -family asset evaluations. We are experts at finding, presenting, and 0 Architect and design plan reviews maximizing property investment opportunities. 0 Data -driven unit and building planning • Comprehensive asset evaluation 0 Vendor recommendations and coordination • Assumption validation and risk reduction 0 Property launch preparation • Internal market research support • Ongoing opportunity sourcing and modeling ASSET r_� PIAI 10 110 [OWAI 0 1 BE DIZU 2 KID]! TRAINING PLATFORM & LOGISTICS Hire the best and brightest and chaIlengethem to be better! We support our teams through professional in-house training vs. "canned" online training. The result is higher performing teams that excel. We have assembled an array of diverse and comprehensive training tools and delivery methodologies to ensure that our employees are provided with the knowledge, skills and best practices necessaryto make our firm the very best in the business. This full-time department is essential toward contributing to the level of professionalism and success we enjoy as one of the largest third -party management companies in the nation. Our centralized operations, management, administration, philosophies and platform are implemented across our portfolio, with the understanding that each community has nuances that necessitate slightly different approaches. That being said, at each location, onsite teams wi II receive ongoing oversight and educational enrichment/training relating to their positions to ensure they have all of the tools and resources to support a successful operating property. Since establishing our firm in 1986, the lessons learned along the way have strengthened and improved our operating standards to the benefit of all our constituents. We train everyone from the top down, providing content that is accessible, easy to understand and executable no matter the ma rket. ASSET University is our dedicated training website and a centralized hub for all training presentations which are categorized by task type. Our on -boarding process includes numerous mandatory courses based on position level not just from ASSET University but also from Gracehill to ensure compliance trainings are completed. Be it traveling in for our in person CM Training or us training virtually via Zoom, ASSET continuous to ensure that our teams on -site have our support and knowledge to execute daily. A sample of topics that we cover are Entrata, Marketing and Leasing fundamentals, Leasing and Sales 101, Systems trainings, Leadership development courses and more. Trainings that are rolled out companywide are verified and re -visited during site visits from our Regional Leasing and Training Directors to ensure accountability and execution across the board ASSET r_� PIAI I LI I I LI IQWAI LI I BE DIZVJ 2 KOR! Training Team -The Training Team conducts regularly scheduled (monthly) training for newly hired CMs, monitors the Grace Hill compliance courses for each property Asset operates (ensuring all employees are meeting their individually assigned training courses) and sponsors ongoing Go -To -Training on various topics —everything from making a first impression to ensuring the property's curb appeal is at its highest standard. As a special feature, CMs and corporate staff are also able to request specific modules ifthey see a property is lacking a specific need. Grace Hill - All new employees are required to take Fair Housing, Sexual Harassment and Drug Free Workplace courses within their first week of employment. A passing score must be achieved to receive credit and the courses are then administered annually. All new in -office team members must also review and acknowledge our Service Members Civil Relief Act Policies & Procedures within their first month of employment. There are several course offerings covering all areas of onsite property management. These classes are on -demand, web based courses available 24/7 so that employees may access the trainings and enrichment offerings around their work and personal schedules. Onsite, all maintenance team members are assigned a monthly Safety Series course that's applicable to the season.180+ courses currently available virtually. Knowledge Base - This is a web -based program where manuals, training material, training videos and a calendar for due dates and webinar training dates are maintained that all employees may access. The Knowledge Base is set up so employees may search by name for anything they want to learn, verify, etc. or if they want to read and review complete manuals and procedures. The Knowledge Base is also home to our systemstraining roadmaps, which is a series of videos and written training sessions that each new employee must complete. As an employee completes a course, it unlocks various other systems used at the site level, based on their position. Monthly New Manager Trainings - Asset has monthly new CM Onboard Trainings for recently hired and recently promoted CMs. This is an extensive training program conducted in our corporate offices, spotlighting our company culture and service standards, management software skills, marketing, systems, financials and more. As part of the annual operating budget, the property covers travel and hotel costs for the participant, with all other associated training costs covered by Asset. Sales and Service Series- A custom 12-part instructor -led sales and service series is available, offering an in-depth interactive focus on first impressions, the guest card process, touring, closing and follow-up. The basics of these courses are also available in on -demand micro sessions in Grace Hill or can be scheduled with any of the RLTDs. ASSET r_� MARKETING & WEBSITES Marketing Toolbox The benefit of Asset having multiple operating verticals and a platform that extends across 40 states is that we've implemented many discreet marketing formats and formulas with great success over our firm's history. We know that what works in one market, may not work in another and that what works for an affordable or workforce housing property may not be the same as the approach for a student property. The beauty is we have an expansive corporate marketing group that understand these nuances and employs key elements from our toolbox in very specific ways for each property we operate. The relationships we foster with local housing authorities, coupled with an old school approach to community outreach are the fundamentals that in turn establish our additive marketing efforts. With deep roots in affordable, we have tried and true approaches to attract wonderful residents to our properties that help to create an overall sense of community. Embracing the concept that "Everyone deserves a place to call home" is paramount in our approach. The slides that follow provide both a global and granular look at the many elements we have at our disposal for marketing and how we deploy them as needed. Markets are ever changing, and so are the ways that we need to approach our tenants. Recognition of this allows us to always be on the forefront and pivot when necessary to constantly be successful with our approach. ASSET SLLMEM � pn} suso�o S kksro��ns Th� Perkr Floor Rons Lollery IF NeIgM1borM1ootl Co'moci SFLSS Swimming Pool MARKETING & WEBSITES Poetic + Asset = Strategic Relationship Digital and Web Marketing Technology Technology Leadership is delivered through our strategic relationship with Poetic. Achieving Maximum Allowable Rents and strong occupancy are the basic goals of all marketing initiatives. Our teams leverage digital and web technology to achieve these objectives. Affordable Compliance Marketing. Every promotional initiative is designed in accordance with the required Affirmative Fair Housing Marketing Plan (AFHMP). HUDSubmissions, are kept current on site and updated as required or when substantial changes have occurred in demographics. Housing Tax Credit Requirements, are also administered in the Asset Compliance Department, where they manages and maintains the marketing plan. Rent Schedules are maintained /issued, as updated by HUD, and max rent and income limits are controlled by the state agency. Market Analysis are conducted routinely by onsite staff and Regional to see where rents maybe pushed. r_� COMPLIANCE TOOLBOX Regulatory Compliance Prior to takeover all Regulatory documents are reviewed and noted to ensure ongoing compliance. Specialist works within those parameters to ensure all reports, findings, and documents are submitted, filed and or kept on record. New Move -In File - Eligibility Review • Using RealPage software system, Asset Living will review files for eligibility. • All reviews are completed at the corporate level. • Files are reviewed Monday through Friday, except for holidays. • Compliance Specialist sends corrections and then approve with Managers Cert. • Once approved it is returned to the site so the applicant can be notified. Affordable Housing Compliance • No move -in will be permitted into the system before the file is approved by the These services are essential to the operations of affordable housing. This includes specialist or PS. day to day operational support, with a focus on eligibility requirements in accordance with Federal, State and Local housing requirements. Compliance Services Approach • Personalized expertise and advanced technologies are the backbone of our proven compliance systems. Each property is assigned to a Compliance Specialist who is personally responsible for each file. • Income and Asset Calculations are verified by a corporate compliance specialist. • All files must be approved by a Compliance Specialist or the Regional Supervisor before move -in to ensure all files remain in compliance. • 24-hour turnaround for File Review which improves leasing velocity and revenue. • Additionally, compliance staff spends time on -site with staff for training. • Compliance Specialist conduct on -site visits in preparation of upcoming audits. ASSET Recertification File Review • Asset Living will review files for continued eligibility. • Asset Living will not review the initial move in file eligibility. The file at the time of recertification • will assume the initial file review and any prior recertification file reviews were done correctly. • Pending sheets will be issued for any required clarifications, corrections or mistakes requiring attention. • Recerts are reviewed onsite. • Any past due recertification files will be reviewed as they are submitted in the same manner as current files. Initial Training and Setup • Initial staff training and system setup will be included. • The respective assigned Compliance Specialist is the training resource for our onsite teams to obtain general tax credit program knowledge. • On -going quarterly training from our corporate offices and local compliance specialists. r_� COMPLIANCE TOOLBOX Reporting to HUD or Contract Administrator • HUD Compliance Specialist will manage any required pre -audit submissions to HUD or the contract administrator. • Compliance Specialist will review audit results with on -site team, prepare responses and submit to HUD or the contract administrator. • Services Included in Compliance Monitoring: • Submit Annual Budget Base or OCAF Rent Increases. • Utility Allowance Management, obtaining and reviewing UAAnalysis. • Solicit Rent Comp Study's when required, review for accuracy and submit to HUD or contract administer. • Prepare for Management Reviews (MOP) • Monitor SAMS and Dunn's Registration Renewals. • Certification and other Compliance Reporting Quarterly Reporting — State Agency The respective assigned Compliance Specialist will review the information in Compliance Monitoring and Tracking System (CMTS) with representatives from the property prior to final submission to state agency, each quarter. Agency Audit Services Compliance Specialist will manage any required pre -audit submissions to requiring agencies. Compliance Specialist will review audit results with on -site team, prepare responses and submit to agency. Where eligibility findings occur, the Compliance Specialist will support your company in answering related audit findings. ASSET r_� COMPLIANCE TOOLBOX Owners or Oftenform Equity de�e lope rsLLCi n�estors Can be private. public. Mostly Ctorparations LIHTCs ProvIdes ar nonprofit partners wfia invest equity in a who usua I ly form an props rty i n exchange LLC for the project far tax credits Syndicatorsand equityAttorneys Play matchmakersother investmentPut deal together 6etweeninvestorsandtax owner or deve l o pe rbenefits ASSET Reports to demonstrate compliance with LIHTC rules Compliance Monitoring Services Delivering comprehensive Compliance services is essential to the operations of affordable housing. This includes day to day operational support, with a focus on eligibility requirements in accordance with HUD Handbook 4350.3 housing requirements. To complement our efforts, we have developed numerous propriety initiatives, including those outlined below, designed to accomplish this. -Regulatory Document Review and Rental Information Sheet creation -Utility Allowance Management, including HUD Utility Model -Income Limit Management -Applicable Fraction Management -Set Aside Management -Special Needs Requirements -Backup of TIC for Each Resident (if requested) •USR's -Certification and other Compliance Reporting -Upcoming and Past Due TIC Recertification Management -Rental Rates are computed accurately using the HUD formulas EVI Compliance EVI Reports will be produced and reviewed by staff as outlined in Chapter 9 of the HUD Handbook 4350.3. All reports will be secured and maintained in accordance with the EVI Policies on Technical, Administrative and Physical safeguard requirements. r_� As part of the property's Land Use Restriction Agreement ("LURA"), we coordinate with third party non -profits to provide a variety of services, including (but not limited to): Scheduled transportation to shopping and medical appointments Assistance to persons with disabilities with routine maintenance needs (changing lights, etc.) that might normally be handled by the resident. Community Events and Social Gatherings Community Game Nights Dining Events and Potluck Gatherings Gardening Classes in the Community Garden Health and Wellness Classes Fitness Classes Referrals to entities that can help pay rent and charges when the resident cannot due to temporary financial/employment issues. Referrals to Food Banks and Pantries as well as other food related services and entities. Referrals to Medical Services and Clinics We typically utilize third party non-profit groups that specialize in providing tenant services that meet project -specific Agency requirements. Below are two non-profit groups we use on some of the properties we manage. They are always happy to provide a service proposal and plan based on the level of services required. Both firms are reputable and professional. Melissa Frazer - Portfolio Resident Services, mfrazer@prspurpose.org www.portfolioresidentservices.org Mike Clark, Asset Living Principal, serves on the Board. Justin Walker - Rainbow Housing Assistance, jwalker@a rainbowhousing.com, www.rainbowhousing.org Hugh Cobb, Asset Living Principal, serves on the Board. ASSET r_� ., . A\ IN IA A U U ?167A WE FOLLOW THE DATA! The Asset Living team has access to the best syndicated data in the country from leaders in the space, CoStar and ALN Apartment Data. Our regional supervisors and corporate team continually monitor the properties in each of their markets covered by these firms, downloading reports no less than monthly so as to keep their thumbs on the pulse. Armed with this knowledge, onsite teams are better prepared to effectively attract and retain incredible residents that choose to call our communities home. 1�'L' f CoStar Group ALN APARTMENT DATA ww-el.aInd ata.cant ASSET r_� U Plel!i 2 ?1 \'I10 CAU =in 1 [610 WIEVA RVITIA UNOUANOD Regular (Annual) Inspection and Inspection Reports All apartments must undergo periodic inspections conducted by the on -site management team, HUD or local housing authorities or city and county departments. These inspections include not only interior but also exterior inspections. Residents have the right to be present and are in fact encouraged to be present during their unit inspection(s). In addition, the owner/agent will perform unit inspections on at least an annual basis to determine whether the appliances and equipment in the unit are functioning properly and to assess whether a component needs to be repaired or replaced. This is also an opportunity to determine any damage to the unit and, if so, make the necessary repairs. At this time, residents may be charged for damages to the unit so long as those damages are not the result of normal wear -and -tear. HUD, or its authorized contractor(s), has the right to inspect the units and the entire property to ensure that the property is being well maintained. These inspections assure HUD that owners and their agents are fulfilling their obligations under the regulatory agreements and/or subsidy contracts and that residents are provided with decent, safe, and sanitary housing. Pre Inspections are conducted by the Asset Living Facilities Team, conducted 1-2 weeks prior to the scheduled inspection. Any discrepancies are noted and fixed prior to the inspection. Any low REAC scores are followed up with Facilities Team, Maintenance Team, Regional Supervisor and Vice President. ASSET r_� F ALI 1 [610 FA WAstatel 9 161, 1 WS U Ke Asset's Value Add Programs •JF. As one of the largest fee management companies in the nation, Asset is continuously challenged to find new and creative ways to benefit our clients. Through our National Accounts Department, Asset has been able to negotiate very attractive agreements with a special class of vendor that we refer to as a National Account Preferred Vendor. By leveraging the size of our portfolio, we have been able to negotiate volume discounts with our Preferred Vendors that are superior to what our properties and clients could negotiate on their own. Currently, Asset has multiple National Account Preferred Vendor agreements in place, and more agreements are being added every quarter. It is an Asset policy that all goods and services be purchased through a Preferred National Account Vendor unless authorized otherwise by the owner. We are so committed to the excellent pricing we have achieved that we are confident your property will see a decrease in expenses by exclusively using the Preferred Vendors. In summary, National Accounts will achieve the following: • Cost Savings- achieving the highest discounts on products and services; • Efficiency- our National Accounts department is negotiating, so sites are focused on property operations; • Buying Power- with approximately 30,000 units under management, we achieve the best terms. Overview Delivering superior property management is essential to our clients' bottom line, and we are continuously challenged to find new and creative ways to benefit our clients. With a focus on maximizing income and controlling expenses, our National Accounts Department has negotiated very attractive agreements with a special class of vendors that we refer to as a National Account Preferred Vendor. Currently, Asset has over thirty Preferred Vendor agreements in place, and more agreements are being added every quarter. Participation in all of our National Account Programs can result in annual savings well in excess of $125 per door peryear. Economies of Scale Delivering superior property management is essential to our clients' bottom line, and we are continuously challenged to find new and creative ways to benefit our clients. With a focus on maximizing income and controlling expenses, our National Accounts Department has negotiated very attractive agreements with a special class of vendors that we refer to as a National Account Preferred Vendor. Currently, Asset has over thirty Preferred Vendor agreements in place, and more agreements are being added every quarter through the efforts of our Chief Revenue Officer and senior operating team members. Here are just a sample of our key vendor relationships: "t;L8.J 164 aa2 reliant.' },r1-�:1 _ x7kpary %f MI S SHERWIN WILLIAMS. -_4EIrr\•�4 i��R�A-++� - .*.REALPAGE � � 1 OINFINITY P 11111111111140DSUPPLY2�. to o Costar roue" ASSET r_� I A, Key highlights Program admittance 0 W 1A: • Dedicated insurance program available to market -rate, purpose-built student and affordable apartments • Subject to acceptable five-year loss history or an affidavit of no known property or casualty losses • Available only to properties managed by Asset Living and its subsidiaries (coterminous with the management agreement) M P1401M ? JWA Full brochure sent separately ASSET r_� GET IN TOUCH WITH US WWW.ASSETLIVING.COM r [_l NELSON III MULLINS Roman Petra Partner 390 North Orange Avenue T 407.669.4247 Suite 1400 F 407.425.8377 Orlando, FL 32801 roman.petra@nelsonmullins.com Roman concentrates his legal practice on commercial real estate transactions, representing developers and funds. Most of the transactions include sophisticated and complex real estate matters with numerous layers of equity and debt financing. He frequently represents clients who are raising capital through private placements. Roman advises clients on different facets of commercial real estate transactions, from raising capital to tax matters, including acquisition, construction, development, disposition (single asset and portfolio), financing, management, and zoning matters. He is also well versed in alternative capital formation options, including private investments, crowdfunding, online platforms, and Regulation A+. Roman has earned his CREO designation, one of the highest recognitions in the real estate professionals industry. In 2013, he received the national Certified Commercial Investment Member (CCIM) designation from the CCIM Institute. He is a graduate of the CCIM's 2014 Jay W. Levine Leadership Development Academy. He also holds a real estate license as a broker -associate and has been a Florida Realtor0 faculty member. Experience Education Harvard University, Graduate School of Design, AMDP (2022) Georgetown University Law Center, LLM, Taxation (2003) University of Miami School of Law, LLM, Real Property Development (2000) Valparaiso University School of Law, JD, cum laude, senior honors (1999) Illinois College, BA, summa cum laude (1996) Admissions Florida District of Columbia Following is a selected sampling of matters and is provided for Illinois informational purposes only. Past success does not indicate the likelihood of success in any future matter. U.S. Tax Court 1 Copyright ©2023 Nelson Mullins Riley & Scarborough LLP— Attorneys and Counselors at Law. All rights reserved For informational purposes only. Past success does not indicate the lilelihood of success in any future legal representation. NELSON III MULLINS • Counsels clients seeking to create and raise capital through Qualified Opportunity Funds per the recently enacted Opportunity Zone program • Drafts and reviews purchase and sales agreements (PSAs) and complex leases for either undeveloped land, or income producing assets, of either single -tenant, or multi -tenant facilities • Attends to matters regarding title insurance, survey and property rights (e.g., easements, rights -of -way, licenses) • Prepares and negotiates various agreements and performs the necessary due diligence to maximize the benefits for clients • Reviews and advises on various construction matters, from contracts (fixed price/lump sum and cost plus) to construction lien and bond disputes • Plans and structures tax-free exchanges (1031) of like -kind property used either in trade or business, or held for investment, from real estate (i.e., tangible and development rights) to intangible assets (i.e., PSA); transactions include deferred forward and reverse exchanges • Advises on regulatory requirements that affect real estate transactions, from capital reserve requirements to the Community Reinvestment Act (CRA) • Regularly provides counsel to his clients on confidentiality agreements, joint ventures (JV), development agreements, entity selection, licensing, organizational structuring, non- disclosure agreements, ownership, and securities • Prepares formations Recognitions The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology. • The Best Lawyers in America®, Tax Law (2023) • AV® Preeminent TM Peer Review Rated by Martindale - Hubbell • Florida Legal Elite by Florida Trend magazine (2015-2016) • Listed in the Bond Buyer's Municipal Marketplace, a Red Book Directory ROMAN PETRA PARTNER Practice Areas Affordable Housing & Tax Credits Blockchain & Digital Currency Opportunity Zones Private Equity Public Finance Real Estate Capital Markets Industries Banking & Financial Services Real Estate 2 Copyright ©2023 Nelson Mullins Riley & Scarborough LLP— Attorneys and Counselors at Law. All rights reserved. For informational purposes only. Past success does not indicate the lilelihood of success in any future legal representation. NELSON III MULLINS Professional Activities • Certified Commercial Investment Member (CCIM) • Counselors of Real Estate (CRE) • Central Florida Commercial Association of Realtors (CFCAR) Articles & Speeches Insights ROMAN PETRA PARTNER The U.S. Commercial Real Estate Market Remains Strong Despite Global Economic Concerns, National Real Estate Investor - Author (September 19, 2019) EventslSpeaking Engagements 1-4 Commercial Corridor Conference - Moderator (June 28, 2019) 2019 CCIM Florida Chapter Mid -Year Commercial Real Estate Update - Moderator (May 9, 2019) Alligood, Petra, and Rich Form Panel at 2019 Florida Rural Economic Development Summit - Co -Panelist (February 11, 2019) Opportunity Zone Information Session: Update on Opportunity Zones - Panelist (January 17, 2019) Roman Petra Participates in Opportunity Zones Panel at Texas Affordable Housing Conference - Panelist (July 24, 2018) 3 Copyright ©2023 Nelson Mullins Riley & Scarborough LLP— Attorneys and Counselors at Law. All rights reser%ed. For informational purposes only. Past success does not indicate the lilelihood of success in any future legal representation. Exhibit 6 — Certified Minority Business Enterprise MHP is not a certified minority business enterprise, however MHP strives to uses best efforts to use as many qualified MWBEs on each project while keeping the project feasible as it relates to cost and quality of work. EKOS ON COLLIER - OCTOBER 2023 15 Exhibit 7 — Local Vendor Preference MHP has been very active in using local vendors as it relates to it's three current projects under construction. MHP will use best efforts to continue to use a many local vendors as possible on the Ekos on Collier project. The below is a list of the current local vendors MHP is currently working with. • Bliss Products and Services, Inc. • Bonness Inc. • Certified Pool Mechanics 1, Inc. • Coastal Fire Protection, Inc. • Crowther Roofing • Davidson Engineering • DRG Painting • E&M Cleaning, LLC • Field Door & Hardware, Inc. • Intelligent Infrastructure Solutions, LLC • J & J Waterproofing LLC • JND Mechanical • Liberty Aluminum Co. • Maxim Concrete Inc. • Overhead Door Company of Ft. Myers, Naples & Pt. Charlotte • Premier Plastering of SW Florida • Rice Insulation & Glass • Stahlman-England • Valtex, LLC • Atwell, LLC • Carter Fence • Cypress Interlocking Pavers • Fire Stop Systems • Juniper Landscaping • NCM of Collier County, Inc. • Otis Elevator Company • Rhodes and Rhodes Land Surveying • Trebilcock Consulting Solutions • Fire Stop Systems EKOS ON COLLIER - OCTOBER 2023 16 McDowell Housing Partners - Ekos on Collier 50267 Project Project # Infrastructure Surtax Citizens Oversite Committee Pro'ect Checklist tri Project(s) in line with F.S. 212.055 Expenditure related to infrastructure as follows: ❑ Construction ❑ Improvement of public facilities Land acquisition ❑ Land improvement ❑ Design ❑ Engineering costs ❑ Professional & related costs to bring facility into service (CEI, Material Testing, Specialty Consultants) ❑ EMS vehicles associated with 3 new substations ❑ Court -related expenditures for the construction, lease or maintenance of the Court -related facilities including utilities and security infrastructure VLife expectancy of at least 5 years 4f Land Acquisition expenditure for Residential housing project where at least 30% of units are affordable to individuals whose total annual household income does not exceed 120% of area median income. V Project(s) in line with County Ordinance 2018-21 46 Project(s) identified in Exhibit A within County Ordinance2018-21 0 Project(s) in line with Ballot Language within County Ordinance2018-21 The Infrastructure Surtax Citizens Oversight Committee (ISCOQ volidated that the�#wect MCDoweV Housing Partners - Ekos on Collier meets the necessary requireme 5 is eligible to use Surtax Funding on January 1 1 , 2024��/' Chairman Exhibit A Reference Category: Community Priorities Sub -Category: Workforce Housing Land Trust Fund Funding Requested: $3,750,000.00 Ekos on COLLIER 6360 Collier Blvd. Request for Support --r.- Ube'y County McDowell HOUSING PARTNERS COLLIER COUNTY COMMUNITY LAND TRUST Current Projects in Collier County Ekos on Santa Barbara (Harmony) - 82 Units Family Workforce 4% Tax Credits and CBDG Fully Leased up Ekos Allegro —160 Units Elderly 62+ 4% Tax Credits and SAIL ➢Under Construction — Expected Completion February/March 2024 ➢Ekos Cadenza —160 Units Elderly 62+ ➢4% Tax Credits and SAIL ➢Pre- Construction - Expected Completion October/November 2024 ,� .� 7#0 �- Ekos Allegro 1 40000*�-- Ekos Cadenza Now Mill I1 1� 1 ,, • Q�000� .; wo— pia r � 1 all O NapQle _ `�. N Tj /' . � Publix Supl w, N/Chat-Artes� 6yCL nn r y �, Y x •' {{ 4 auare\ l Co -Op Park . `,I . allatee •r3dA�!"+�PTIIE QCT and SADDA MAPS • Limited QCT and SADDA Availability N;rpl- Park ate North Naples Vineyards Gold.. G.t. Blvd W G.., to Napl- : Naples vl�y... sv..a sm. Forest N pies Golden Ga Naples East Naples 1 Naples Manor Belle tea Site is located in one of the few QCT zones in Collier County Proposed Development Family/Workforce - Contemplated 160 units on 7.76 Acres (13.97 units/acre) Product: Concrete mid -rise building plus a stand-alone clubhouse, surface parking, pool, and Unit Types and Mix 64 - One-bedroom/one-bathroom units 84 - Two-bedroom/two-bathroom units 12 - Three-bedroom/two-bathroom units Rent Restrictions: Mix of incomes at and under 110% of the Area Median Income (set annually by HUD) 2024 Rents (33% - 110% MFI): 1 Beds — $483 to $1,456 2 Beds — $582 to $1,750 3 Beds - $671 to $2,020 80% AMI units (-40% of entire unit count) target the "missing middle" market & geared towards essential workers i.e. Police, Fire, EMS, teachers, and civil servants Location: 6360 Collier Blvd., Naples, FL 341 Number of Acres: 7.76 acres Zoning: C-3 and MH Proposed Units: 160 units — Family Workforce One, 5-story apartment buildings, with standalone clubhouse and surface parking. Amenities Pool and hardscaped deck, fitness center, playground, and dog park. Zoning & SB 102 • C-3 zoning the project qualifies under Live Local Act Zoning Verification Letter submitted and approved by Director of Zoning • Density: 91.77/units per acre • Height: Permissible up to 75 ft • RMF-16 Development Standards will be applicable to development (density & height excluded) Emergency Services o MHP is actively working with Collier County Bureau of Emergency Services to provide Pre -Disaster Mitigation Development is located in a Coastal High Hazard Area & Evacuation Zone A o Published Evacuation Plan with Collier County Emergency Services • Following the Collier County Comprehensive Emergency Management Plan • Our Property Management will work to provide an "All Hazards Guide" to tenants Conduct periodic Emergency Preparedness & Hurricane Preparedness seminars for tenants with Collier County Emergency Management Emergency Services Ensure that tenants are registered on the Collier County Emergency Notification system htt-o://www.alertcollier.com/ Preliminary Discussions with EMS Development Site will be raised above Base Flood Elevation to mitigate impacts from storm surge. • We will ensure that sanitary sewer facilities will be designed to reduce leakage of raw sewage during flood event • Ensure adequate drainage to reduce exposure to flood hazards • Potential to make a monetary contribution and donation of beds • Supplying Generator Concept Site Plan �'ii `.0 ft.,IN.YIn<>•.ti'Cti PM QG M,T10N 0 ^^^"" w�vr�a� +wm ...v. uw aair,•w. w. w..w •carer •.om f Mi � \ PIAV MEN �- n wx wen I � PkOPOSFU bULLDING w. \\ � \ 'w'f06y-ESERVE N H IOfAI arEA: nvFc S S S \� \ T + Nows �E DAVIDSON a.. e....t ... cau &w COLLIER BLVD WF HOUSING Amenities Clubhouse with community gathering areas, fitness center, tot -lot, computer lab and resort -style swimming pool Project Request SURTAX FUNDING REQUESTED AMOUNT- $3,750,000 SURTAX FUNDING GOALS • Purchase land that can be reserved for housing that is affordable through extended County ownership • Acquire land for housing that is affordable • Long term affordability of Collier's housing stock • Promote economic development by increasing affordable housing options for the area's workforce PROJECT FEATURES • Hold land in perpetuity (99-year lease) for the development and preservation of the stock of housing that is affordable • Incentivize the construction of homes/rentals that are affordable on County owned properties • Increase the availability or quality of housing for the elderly or persons with disabilities • Use restrictions that ensure that properties will remain affordable for the long term • Advantage of using same land lease structure as Ekos on Santa Barbara (Formerly Bembridge/Harmony) FHFC Funding Opportunities RFA 2023-213 SAIL Funding for Live Local Mixed Income, Mixed -Use, and Urban Infill Developments •Goal to fund one Public Lands Development • Public Lands Development goal is intended for developments that propose to use or lease public lands that include a resolution or other agreement with the unit of government owning the lands to use land for affordable housing purposes. • Ekos on Collier would qualify for this goal •Goal to fund atleast one Urban Will Development • Per FHFC -Urban Infill is defined as the development of vacant parcels in otherwise built-up areas where public facilities such a sewer systems, roads, and school are already in place. • Ekos on Collier would qualify for this goal RFA 2024-205 SAIL FINANCING OF AFFORDABLE MULTIFAMILY HOUSING DEVELOPMENTS •Two Family, New Construction, Application located in a Medium County, with a preference • that at least one Application is from a Self -Sourced Applicant. • Ekos on Collier would qualify for this goal McDowell HOUSING PARTNERS Contact Christopher Shear — Chief Operating Officer 777 Brickell Ave, Suite 1300 Miami, FL 33131 Phone: (773) 981-1817 Email: cshear(abcdhousing.com Bill Zunamon — VP of Development 777 Brickell Ave, Suite 1300 Miami, FL 33131 Phone: (847) 287-2322 Email: bzunamonkmcdhousing.com b ITO Legend Coastal High C.10i ier County y N W E Coastal High Hazard Area Hazard Area Map Prepared By: Collier County Community Planning & Resiliency Geographic Information Systems S Boundary January 2024 0 1 2 4 Miles