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Agenda 03/26/2024 Item #11B (Approval of an Income Sharing Agreement for Phase I Renaissance Hall)SEE REVERSE SIDE Proposed Agenda Changes Board of County Commissioners Meeting March 26, 2024 Item 11A to be heard at 2:30 PM: To approve the following documents related to the development of housing at the former Golden Gate Golf Course: 1) Second Amendment to Developer Agreement with Rural Neighborhoods, Inc., 2) Termination of Collier County Standard Form Long-Term Ground Lease, 3) Collier County Standard Form Long-Term Ground Lease (Phase 1 - Essential Services Housing), HUD Lease Addendum and Phase 1 Easement, 4) Collier County Standard Form Long-Term Ground Lease (Phase 2-Senior Housing) and Phase 2 Easement, and 5) Land Use Restriction Agreements for each phase as required by grant funding sources, once developed and approved for legality. (Companion to Item 11B) (Ed Finn, Deputy County Manager) (Staff’s Request) Item 11B to be heard at 2:30 PM: To consider approval of Income Sharing Agreement for Phase I, Renaissance Hall at Old Course, at the former Golden Gate Golf Course, allocating shared income as follows: 50% to Renaissance Hall at Old Course, LLC, 25% to Collier Community Foundation, Inc., and 25% to Collier County, the parties to the Agreement. (Companion to Item 11A) (Ed Finn, Deputy County Manager) (Staff’s Request) Continue Item 16D6 to the April 9, 2024, BCC Meeting: Recommendation to approve and authorize an after the fact payment in the amount of $14,268.87 to Robert Half International, Inc., for providing temporary staffing to support housing related programs, and to waive competitive procurement. (Staff’s Request) Add-on Item 10A: Recommendation to submit a Letter to Governor DeSantis to urge him to veto Senate Bill 7014 Ethics Bill”). (Commissioner Saunders’ Request) Move Item 16F4 to 11E: Recommendation to approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7979 “Tourism International Representation - UK and Ireland Market” with OMMAC Ltd., for Flat Annual Fixed Price of $120,000 ($10,000 per month), and reimbursable expenses for travel, registrations and miscellaneous for up to $80,000 totaling $200,000 annually and make a finding that this action promotes tourism. (Commissioner McDaniel’s Request) Move Item 16F5 to 11F: Recommendation to approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7980 “Tourism International Representation - Germany Market” with DiaMonde e.K. for Flat Annual Fixed Price of $120,000 ($10,000 per month), and reimbursable expenses for travel, registrations and miscellaneous for up to $60,000 totaling $180,000 annually and make a finding that this action promotes tourism. Commissioner McDaniel’s Request) Notes: TIME CERTAIN ITEMS: Companion Items 11A & 11B to be heard at 2:30 PM: Rural Neighborhoods Renaissance Hall at Old Course Second Amendment, Leases, and Income Sharing Agreement. 3/28/2024 4:15 PM SEE REVERSE SIDE Proposed Agenda Changes Board of County Commissioners Meeting March 26, 2024 Item 11A to be heard at 2:30 PM: To approve the following documents related to the development of housing at the former Golden Gate Golf Course: 1) Second Amendment to Developer Agreement with Rural Neighborhoods, Inc., 2) Termination of Collier County Standard Form Long-Term Ground Lease, 3) Collier County Standard Form Long-Term Ground Lease (Phase 1 - Essential Services Housing), HUD Lease Addendum and Phase 1 Easement, 4) Collier County Standard Form Long-Term Ground Lease (Phase 2-Senior Housing) and Phase 2 Easement, and 5) Land Use Restriction Agreements for each phase as required by grant funding sources, once developed and approved for legality. (Companion to Item 11B) (Ed Finn, Deputy County Manager) (Staff’s Request) Item 11B to be heard at 2:30 PM: To consider approval of Income Sharing Agreement for Phase I, Renaissance Hall at Old Course, at the former Golden Gate Golf Course, allocating shared income as follows: 50% to Renaissance Hall at Old Course, LLC, 25% to Collier Community Foundation, Inc., and 25% to Collier County, the parties to the Agreement. (Companion to Item 11A) (Ed Finn, Deputy County Manager) (Staff’s Request) Continue Item 16D6 to the April 9, 2024, BCC Meeting: Recommendation to approve and authorize an after the fact payment in the amount of $14,268.87 to Robert Half International, Inc., for providing temporary staffing to support housing related programs, and to waive competitive procurement. (Staff’s Request) Add-on Item 10A: Recommendation to submit a Letter to Governor DeSantis to urge him to veto Senate Bill 7014 Ethics Bill”). (Commissioner Saunders’ Request) Move Item 16F4 to 11E: Recommendation to approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7979 “Tourism International Representation - UK and Ireland Market” with OMMAC Ltd., for Flat Annual Fixed Price of $120,000 ($10,000 per month), and reimbursable expenses for travel, registrations and miscellaneous for up to $80,000 totaling $200,000 annually and make a finding that this action promotes tourism. (Commissioner McDaniel’s Request) Move Item 16F5 to 11F: Recommendation to approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7980 “Tourism International Representation - Germany Market” with DiaMonde e.K. for Flat Annual Fixed Price of $120,000 ($10,000 per month), and reimbursable expenses for travel, registrations and miscellaneous for up to $60,000 totaling $180,000 annually and make a finding that this action promotes tourism. Commissioner McDaniel’s Request) Notes: TIME CERTAIN ITEMS: Companion Items 11A & 11B to be heard at 2:30 PM: Rural Neighborhoods Renaissance Hall at Old Course Second Amendment, Leases, and Income Sharing Agreement. 3/28/2024 4:15 PM 03/26/2024 EXECUTIVE SUMMARY To consider approval of Income Sharing Agreement for Phase I, Renaissance Hall at Old Course, at the former Golden Gate Golf Course, allocating shared income as follows: 50% to Renaissance Hall at Old Course, LLC, 25% to Collier Community Foundation, Inc., and 25% to Collier County, the parties to the Agreement. (Companion to Item 11A) OBJECTIVE: To consider approval of an Income Sharing Agreement for Phase I Renaissance Hall at Old Course that grants the County a 25% share in the income generated by the project as specified in the agreement. CONSIDERATIONS: On December 13, 2019, the County publicly advertised ITN No. 20-7698. On June 9, 2020, the Board selected Rural Neighborhoods, Inc. (“Rural Neighborhoods” or “Developer”) and directed staff to begin negotiations. On November 10, 2020, the Board approved the negotiated Developer Agreement (“Developer Agreement”). On April 25, 2023, the Board approved both a First Amendment to Developer Agreement and Collier County Standard Form Long-Term Ground Lease (“Lease”). The Developer Agreement allows the housing to be developed in phases. Phase 1, Renaissance Hall at Old Course, provides housing for essential services personnel, and Phase 2 is identified as senior housing. The proposed termination of the existing lease and its replacement with two separate leases, one for each phase, along with updates to the Developer Agreement, are to be considered and are included as a companion item. Exhibit B to the Developer Agreement, which is contained in the companion item, states that the Phase 1 and 2 income-sharing agreements between Rural Neighborhoods, Inc. (either Renaissance Hall at Old Course LLC or Renaissance Hall Senior Living, LLLP), the Collier Community Foundation and Collier C ounty will be presented to the Board of County Commissioners prior to loan closings for each respective phase. The Phase 2 Income Sharing Agreement will be negotiated separately between the participating parties. Pursuant to the companion item, the funding commitment deadline for Phase 1 is requested to be extended to May 30, 2024. The parties have conducted a mutual review of the project pro forma and have prepared the Income Sharing Agreement (the “Agreement”) for Phase 1. The partnership-shared income distribution occurs after operating expenses, superior and subordinate debt services, lease up fee, voluntary and operating loan debt service, management fees, subordinate, voluntary and mandatory debt, operating loans, asset management fees, deferred management fees, deferred developer fees, and funding for a special operating and replacement reserve. The attached Income Sharing Agreement allocates cash flow as follows: 50% to Renaissance Hall at Old Course, LLC, 25% to the Collier Community Foundation, Inc., and 25% to Collier County. Pursuant to the terms of the Agreement, the parties agree to utilize the distributed shared income as follows: Developer and Project Owner Donor Directed Fund. The Project Owner agrees to place one-half of its share of Shared Income into a donor directed fund established with the Collier Community Foundation to be used by Developer and Project Owner or their affiliates towards any and all costs associated with the acquisition, preservation, development, maintenance, and management of affordable or workforce housing located in Collier County, Florida that is planned, under development or owned in whole or in part by Developer or its related entities. The Developer and Project Owner will issue an annual independent CPA prepared organizational audit and tax return, and an annual independent CPA prepared narrative report and financial statement on its use of the Donor Directed Fund. Foundation Fund. The Foundation shall establish a fund from its share of Shared Income to be used towards any and all costs associated with the advocacy, analysis, acquisition, preservation, development, maintenance, and management of affordable or workforce housing located in Collier County, FL in accordance with guidelines established by representatives of the Collier Community Foundation, Moorings Park Foundation, and Richard M. Schulze Family Foundation. The Foundation will issue an annual independent CPA prepared organizational audit and tax return, and an annual independent CPA prepared report on its use of the Donor 11.B Packet Pg. 481 03/26/2024 Directed Fund. County. The County shall use its share of Shared Income for any and all costs, including, but not limited to, costs associated with the acquisition, development, preservation, maintenance, and management of affordable or workforce or essential service provider housing located in Collier County, Florida. Distributions of shared income, if any, to the Foundation and the County, will commence following project completion, as defined by receipt of final certificate of occupancy on the Project, and shall continue for 40 years, beginning upon completion of construction of the Project. The project pro forma provided by the Developer on January 25, 2024, indicates that the first projected partner distribution under the terms of the Agreement is expected to occur in 2032. As discussed, a separate income sharing agreement for Phase 2 (Senior Housing) will be negotiated and brought before the Board at a future meeting. FISCAL IMPACT: Distributions of Cash Flow will commence following project completion and will continue for 40 years to align with the term of the HUD first Mortgage. The project's RHOC -Prudential Credit Underwriting Pro Forma 3-15-24 provided by the Developer indicates initial partner distribution to commence in 20 32 and conclude in 2065. Actual financial results of the Renaissance Hall at Old Course, LLC project may differ from the pro forma. The 25% projected to be distributed to Collier County is $55.4 million. Shares of 25% are also provided to the Collier Community Foundation, to Rural Neighborhoods donor-directed Collier Housing Fund, and the Rural Neighborhoods General Fund. Projected distributions to the Parties total $221.6 million under the pro forma assumptions; actual distributions may vary. Pursuant t o the agreement, Cash Flow distributions will be utilized as provided above. Cash flow as reviewed by a certified public accountant will be distributed on a per annum basis in the 1st quarter subsequent the end of the preceding fiscal year. Cash flow is determined from revenues minus operating expenses including management fees, project debt including PGIM HUD 1st mortgage and secondary cash flow debt, required reserves and a prescribed cash flow distribution. The income -sharing agreement sets out the cash flow distribution: first to an initial one-time lease up fee prior to rental achievement not to exceed $350,000; then to principal and interest on voluntary and operating loans (initial amount $1,500,000), asset management fee ($25,000 per annum), deferred Developer fee until retired ($2,500,000), special replacement reserve ($113,400 per annum). The balance shall be distributed 25% to Collier County, 25% to Collier Community Foundation, 25% to Rural Neighborhoods donor-directed Collier Housing Fund and 25% to Rural Neighborhoods General Fund. Example figures are from the Developer’s RHOC-Prudential Credit Underwriting Pro Forma 3-15-24 GROWTH MANAGEMENT IMPACT: Providing land and a funding mechanism for the development of housing that is affordable assists the County in addressing many of the goals and objectives of the Housing Element in the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. - SAA RECOMMENDATION: That the Board of County Commissioners consider approval of the Income Sharing Agreement for Phase I, Renaissance Hall at Old Course, at the former Golden Gate Golf Course. Prepared by: Ed Finn, Deputy County Manager ATTACHMENT(S) 1. Proposed Income Sharing Agreement (PDF) 2. Revenue Sharing -Leases 3-26-24 rev1 Presentation (PPTX) 11.B Packet Pg. 482 03/26/2024 COLLIER COUNTY Board of County Commissioners Item Number: 11.B Doc ID: 28327 Item Summary: To consider approval of Income Sharing Agreement for Phase I, Renaissance Hall at Old Course, at the former Golden Gate Golf Course, allocating shared income as follows: 50% to Renaissance Hall at Old Course, LLC, 25% to Collier Community Foundation, Inc., and 25% to Collier County, the parties to the Agreement. (Companion to Item 11A) (Ed Finn, Deputy County Manager) Meeting Date: 03/26/2024 Prepared by: Title: Manager - Real Property – Facilities Management Name: Jennifer Belpedio 03/18/2024 12:05 PM Submitted by: Title: – Facilities Management Name: John McCormick 03/18/2024 12:05 PM Approved By: Review: Facilities Management John McCormick Director - Facilities Completed 03/18/2024 12:19 PM Facilities Management Jennifer Belpedio Manager - Real Property Completed 03/18/2024 2:36 PM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 03/19/2024 4:46 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/20/2024 8:28 AM Office of Management and Budget Laura Zautcke OMB Reviewer Completed 03/20/2024 8:53 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/20/2024 8:54 AM County Manager's Office Ed Finn Level 4 County Manager Review Completed 03/20/2024 5:42 PM Board of County Commissioners Geoffrey Willig Meeting Pending 03/26/2024 9:00 AM 11.B Packet Pg. 483 11.B.a Packet Pg. 484 Attachment: Proposed Income Sharing Agreement (28327 : Income Sharing Agreement Renaissance Hall at Old Course) 11.B.a Packet Pg. 485 Attachment: Proposed Income Sharing Agreement (28327 : Income Sharing Agreement Renaissance Hall at Old Course) 11.B.a Packet Pg. 486 Attachment: Proposed Income Sharing Agreement (28327 : Income Sharing Agreement Renaissance Hall at Old Course) 11.B.a Packet Pg. 487 Attachment: Proposed Income Sharing Agreement (28327 : Income Sharing Agreement Renaissance Hall at Old Course) 11.B.a Packet Pg. 488 Attachment: Proposed Income Sharing Agreement (28327 : Income Sharing Agreement Renaissance Hall at Old Course) 11.B.a Packet Pg. 489 Attachment: Proposed Income Sharing Agreement (28327 : Income Sharing Agreement Renaissance Hall at Old Course) 11.B.a Packet Pg. 490 Attachment: Proposed Income Sharing Agreement (28327 : Income Sharing Agreement Renaissance Hall at Old Course) 11.B.a Packet Pg. 491 Attachment: Proposed Income Sharing Agreement (28327 : Income Sharing Agreement Renaissance Hall at Old Course) Golden Gate Golf Course –Rural Neighborhoods Inc. Housing Project March 26, 2024 Item # 27183 To approve the following documents related to the development of housing at the former Golden Gate Golf Course: 1) Second Amendment to Developer Agreement with Rural Neighborhoods, Inc., 2) Termination of Collier County Standard Form Long-Te rm Ground Lease, 3) Collier County Standard Form Long-Te rm Ground Lease (Phase 1 -Essential Services Housing), HUD Lease Addendum and Phase 1 Easement, 4) Collier County Standard Form Long-Te rm Ground Lease (Phase 2-Senior Housing) and Phase 2 Easement, and 5) Land Use Restriction Agreements for each phase as required by grant funding sources, once developed and approved for legality. 11.B.b Packet Pg. 492 Attachment: Revenue Sharing -Leases 3-26-24 rev1 Presentation (28327 : Income Sharing Agreement Golden Gate Golf Course –Rural Neighborhoods Inc. Housing Project March 26, 2024 Item # 28327 To consider an Income Sharing Agreement for Phase I, Renaissance Hall at Old Course, at the former Golden Gate Golf Course, allocating shared income as follows: 50% to Renaissance Hall at Old Course, LLC, 25% to Collier Community Foundation, Inc., and 25% to Collier County, the parties to the Agreement. 11.B.b Packet Pg. 493 Attachment: Revenue Sharing -Leases 3-26-24 rev1 Presentation (28327 : Income Sharing Agreement Required Project Documents for Board Approval 1)Second Amendment to Developer Agreement with Rural Neighborhoods,Inc.,or an affiliate entity,potentially including a financing deadline extension. 2)Termination of Collier County Standard Form Long-Term Ground Lease, 3)Collier County Standard Form Long-Term Ground Lease (Phase 1 -Essential Services Housing), HUD Lease Addendum and Phase 1 Easement, 4)Collier County Standard Form Long-Term Ground Lease (Phase 2-Senior Housing)and Phase 2 Easement, 5)Land Use Restriction Agreements for each phase as required by grant funding sources,and 6)The three party Income Sharing Agreement for Phase I Renaissance Hall at Old Course.The parties to the agreement are Renaissance Hall at Old Course,the Community Foundation and Collier County. 11.B.b Packet Pg. 494 Attachment: Revenue Sharing -Leases 3-26-24 rev1 Presentation (28327 : Income Sharing Agreement Golden Gate Golf Course - Rural Neighborhoods Timeline u On December 13, 2019, the County publicly advertised ITN No. 20- 7698, Housing and Land Development at the GGGC u On June 9, 2020, the Board selected Rural Neighborhoods, Inc. (RNI) and directed staff to begin negotiations u On July 28, 2020, the Board approved an agreement with RNI providing up to a 12-month due diligence and coordination period u On November 10, 2020, the Board approved the Developer Agreement with Rural Neighborhoods, Inc. u On April 26, 2022, GG Golf Course MPUD 2022-13 was adopted u On April 25, 2023, the Board approved: u First Amendment to the Developer RNI Agreement u Initial Long-Te rm Ground Lease with RNI u $1.5 million SHIP funding agreement for the RNI Project u On October 24, 2023, the Board approved comprehensive funding allocations to support the RNI Project u On February 27, 2024, the Board extended the financing deadline to March 26, 2024 11.B.b Packet Pg. 495 Attachment: Revenue Sharing -Leases 3-26-24 rev1 Presentation (28327 : Income Sharing Agreement First Amendment to Developer Agreement April 25, 2023, Items 11B, 11C and 11D Removed 1.64 acres of greenway from the leased area u The estimated 25 acres to be utilized by Rural Neighborhoods was adjusted to 23.36 acres by removing the golf course greenway u The greenway is designed to become an element of the overall golf course and offsite stormwater system. Provided adjustments to Exhibit B due to the inclusion of Federal and/or State grant funding and financing requirements u Firms up number of total units : 252 ESP Units (Phase I) + 120 Senior units (Phase II) •Adds lower income units (50% AMI) offset by reduction to 60% AMI units •Shifts units from 80% AMI to 100% & 120% AMI •Eliminates units with AMI of 140% u Achieves Phase I financial debt service coverage requirements Clarified project commitments u Construction schedule was due in 45 days (provided) u Six months to secure financing: to February 28, 2024 11.B.b Packet Pg. 496 Attachment: Revenue Sharing -Leases 3-26-24 rev1 Presentation (28327 : Income Sharing Agreement April 25, 2023, Rural Neighborhoods Dev. Agreement Exhibit B, Unit Adjustment 11.B.b Packet Pg. 497 Attachment: Revenue Sharing -Leases 3-26-24 rev1 Presentation (28327 : Income Sharing Agreement Florida Housing Finance Corporation – Income & Rent Limits 11.B.b Packet Pg. 498 Attachment: Revenue Sharing -Leases 3-26-24 rev1 Presentation (28327 : Income Sharing Agreement Re naissance Hall at Old Course –Pro Forma Rents 11.B.b Packet Pg. 499 Attachment: Revenue Sharing -Leases 3-26-24 rev1 Presentation (28327 : Income Sharing Agreement Re naissance Hall at Old Course –Project Sources & Uses (From Pro Forma) 11.B.b Packet Pg. 500 Attachment: Revenue Sharing -Leases 3-26-24 rev1 Presentation (28327 : Income Sharing Agreement County Funding Commitment – Rural Neighborhoods Project (from 10/24/23 BCC Item) 11.B.b Packet Pg. 501 Attachment: Revenue Sharing -Leases 3-26-24 rev1 Presentation (28327 : Income Sharing Agreement Ke y Lease Te rms u 99-year term lease of 21.78 acres at former Golden Gate Golf Course u Nominal rent of $10 per year u County may terminate the Lease if Rural Neighborhoods cannot secure a financial commitment for the Phase I by May 30, 2024 u Rural Neighborhoods is required to diligently pursue and complete construction within 30 months from the commencement of construction 11.B.b Packet Pg. 502 Attachment: Revenue Sharing -Leases 3-26-24 rev1 Presentation (28327 : Income Sharing Agreement Key Income Sharing Agreement Te rms u Distributions of Cash Flow will commence following project completion and will continue for 40 years to align with the term of the HUD first Mortgage. u Projected distributions to the Parties total $221.6 million under the pro forma assumptions; actual distributions may vary. u The 25% projected to be distributed to Collier County is $55.4 million. u Shares of 25% are also provided to the Collier Community Foundation, to Rural Neighborhoods donor-directed Collier Housing Fund, and the Rural Neighborhoods General Fund. u Pursuant to the agreement, Cash Flow distributions will be utilized for the provision of affordable or workforce housing. 11.B.b Packet Pg. 503 Attachment: Revenue Sharing -Leases 3-26-24 rev1 Presentation (28327 : Income Sharing Agreement Staff Re commendation Item # 27183 To approve the following documents related to the development of housing at the former Golden Gate Golf Course: 1) Second Amendment to Developer Agreement with Rural Neighborhoods, Inc., 2) Te rmination of Collier County Standard Form Long- Te rm Ground Lease, 3) Collier County Standard Form Long-Te rm Ground Lease (Phase 1 -Essential Services Housing), HUD Lease Addendum and Phase 1 Easement, 4) Collier County Standard Form Long-Te rm Ground Lease (Phase 2-Senior Housing) and Phase 2 Easement, and 5) Land Use Restriction Agreements for each phase as required by grant funding sources, once developed and approved for legality. 11.B.b Packet Pg. 504 Attachment: Revenue Sharing -Leases 3-26-24 rev1 Presentation (28327 : Income Sharing Agreement Staff Re commendation Item # 28327 To consider an Income Sharing Agreement for Phase I, Renaissance Hall at Old Course, at the former Golden Gate Golf Course, allocating shared income as follows: 50% to Renaissance Hall at Old Course, LLC, 25% to Collier Community Foundation, Inc., and 25% to Collier County, the parties to the Agreement. 11.B.b Packet Pg. 505 Attachment: Revenue Sharing -Leases 3-26-24 rev1 Presentation (28327 : Income Sharing Agreement Questions 2/27/2024 11.B.b Packet Pg. 506 Attachment: Revenue Sharing -Leases 3-26-24 rev1 Presentation (28327 : Income Sharing Agreement