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Backup Documents 03/26/2024 Item #11A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ' 1 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to he forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP lof 2 for this item Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already c pl I the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. Sally Ashkar, ACA County Attorney Office 12-1/ 4--- 4. BCC Office Board of County [ � L I / Commissioners C/( j � Y/ /Z 5. Minutes and Records Clerk of Court's Office fr �]��3T dam' Mlitj 314n PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addresses above,may need to contact staff for additional or missing information. Name of Primary Staff Paula Brethauer, Management Analyst County Phone Number 252-2041 Contact/ Department Manager's Office Agenda Date Item was March 26,2024 Agenda Item Number 1 1.A Approved by the BCC Type of Document Attached Access,Utility&Drainage Easement(Phase 1) Number of Original 2 Documents Access,Utility&Drainage Easement(Phase 2) Documents Attached (1 of each) PO number or account number if document is to be CM 001-100110 recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature?Stamp OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,except for most letters,must be reviewed and signed by the Office of the County Attorney. C.AO 7 4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the PJB document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's PJB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip PJB should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC as stated above,and all changes made during PJB N/A is not the meeting have been incorporated in the attached document. The County Attorney's an option for Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, N/A is not all changes directed by the BCC have been made, and the document is ready for the an option for Chairman's signature. C An this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 CIA INSTR 6530181 OR 6347 PG 1994 RECORDED 4/8/2024 1:29 PM PAGES 9 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$78.00 Prepared by and return to: Collier County Real Property Management Attn:Jennifer Belpedio 3335 Tamiami Trail E.,Suite 101 Naples,FL 34112 [space above for recording data] PROJECT:Renaissance Hall at Old Course PARCEL:Golden Gate Golf Course in favor of Phase 1 Essential Services Leasehold FOLIO:36560040008 ACCESS, UTILITY AND DRAINAGE EASEMENT (Phase 1 —Essential Services) Iv 1„Fti� Access, Utility, and Drainage Easement is granted this day of f(/1�l 2024(the"Effective Date"), by COLLIER COUNTY,a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112("Grantor'), in favor of RENAISSANCE HALL AT OLD COURSE, LLC, a Florida limited liability company, whose mailing address is 19308 SW 380"' Street, Florida City, FL 33034("Grantee"). (Wherever used herein the terms"Grantor"and"Grantee"include all the parses to this instrument and their respective heirs,legal representatives,successors,and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) RECITALS: A. Grantor owns certain real property by virtue of a Warranty Deed recorded in Official Records Book 5657, Page 3552, Public Records of Collier County, Florida, commonly referred to as the former Golden Gate Golf Course property("Grantor's Property"), as described on Exhibit"A", attached hereto and incorporated herein. B. Grantor, as Lessor, and Grantee, as Lessee, are parties to that certain Collier County Standard Form Long-Term Ground Lease dated on even date herewith ("Ground Lease") wherein Grantee is under a 99-year lease of approximately 19.62 acres of Grantor's Property, as described on Exhibit "B", attached hereto and incorporated herein ("Grantee's Leasehold Property"), to construct rental apartments to meet a crisis in affordability and availability of senior,veteran,and essential service personnel housing. C. Grantor desires to grant to Grantee, a non-exclusive access, utility, and drainage easement on, over,under, and across Grantor's Property for the benefit of Grantee's Leasehold Property for the purpose of legal access to Collier Boulevard, access to utilities, and rights for off-site stormwater drainage,retention and detention. NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants to Grantee a non-exclusive access, utility, and drainage easement ("Easement") over portions of Grantor's Property("Easement Area"), as more fully described on Exhibit"C",attached hereto and incorporated here. The Easement on, over, under,and across the Easement Area, shall be for the purposes of,a)providing ingress and egress from and to the edge of the Collier Boulevard right-of-way; b) providing access for utilities from and to the edge of the Collier Boulevard right-of-way; and c) providing the draining of surface water from Grantee's Leasehold Property onto, over, under and across Grantor's Property, including any required retention or detention, all in accordance • with, and as may be required under, any governmental permits, including, but not limited to,the South Florida Water Management District Permit, related to the development of Grantee's Leasehold Property. Grantor reserves the right,from time to time,to modify the Easement Area and may reconfigure, relocate and reconstruct the drainage improvements within the drainage portion of the Easement Area, provided that Grantee's drainage easement rights granted herein shall continue to comply with all applicable governmental storm water permits. Grantor's reservation herein includes the right for Grantor to unilaterally replace the stormwater drainage, retention and detention Easement Area portion of the legal description in Exhibit "C" at such time that the drainage facilities on Grantor's Property are constructed or reconstructed in the future and specific legal descriptions are available upon each such occurrence. Upon any such modification, Grantor shall execute and deliver to Grantee a recordable amendment to the Access, Utility and Drainage Easement. 4819-4637-8246 v.3 1 1 A The easement rights granted to Grantee are subject to existing easements, restrictions, reservations, and other matters of record, if any on Grantor's Property. This Easement shall inure to the benefit of Grantee and be binding upon Grantor and Grantor's successors-in-title. Notwithstanding anything to the contrary herein, Grantor and Grantee have agreed in the Ground Lease that subject to the rights of any Leasehold Mortgagee or Equity Investor(as such capitalized terms are defined in the Ground Lease) to effectuate a cure following a Default under the Ground Lease by the Lessee, that any easements granted in accordance with the Ground Lease shall remain in effect for the term of the Lease; however, upon the termination of this Ground Lease,the County,at its sole option, shall have the unilateral right to terminate this easement and to unilaterally record a termination document evidencing the same in the Public Records of Collier County. IN WITNESS WHEREOF,Grantor has executed this instrument on the day and year first above written. r °'' BOARD OF 0 TY COMMISSIONERS, .AS TO THE C3R).*TOR: COLLIER C•. T ,FLORID ATTEST: '• CRYSTAL K.K(INZEL Jerk By: A ♦� I . . _y ems-. s ` all CHAIR't 'N Attest es.to.Cht3irrrl n EP RK 11+ .`sic; ,urZ only Appr. -'o fo a . legality: Walk. Sallyt Assis.' ,, Attorney 951. 1Zls123 2 4889-4673-92SG v.3 1 1 A EXHIBIT A(Page 1 of 2) GRANTOR'S PROPERTY Official Records Book 5657,Page 3552 TRACTS A AND B,GOLDEN GATE-UNIT 1,ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5.PAGES 60 TO 64,OF THE PUBLIC RECORDS OF COWER.COUNTY.FLORIDA. AND TRACT A,GOLDEN GATE-UNET 8 PART 1,ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5,PAGES 147 TO 151.AND TRACT A,GOLDEN GATE-UNIT 8 PART 2.ACCORDING TO-HE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOR 9.PAGES 103 TO 112,ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. LESS AND EXCEPT PARCEL T11: BEGIN AT A POINT.CORNER NUMBER 1,354.50 FEET SOUTH AND 370.13 FEET EAST OF THE NORTHWEST CORNER OF TRACT"A"OF GOLDEN GATE SUBOIVISION,UNI7 3,PART 2,AS SHOWN ON A PLAT THEREOF RECORDED IN PLAT BOOK 9,PAGES 107.112,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE RUN N.0 DEGREES 15'04' W.16.91 FEETTO CORNER NUMBER 2 ON 7HE EAST LINE OF AN ACCESS EASEMENT;THENCE RUN N.12 DEGREES Si'43'E.31.94 FEET ALONG SAID EASEMENT TO A POINT OF CURVATURE,THENCE RUN NORTHERLY ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 577.88 FEET AND WHOSE CENTRAL ANGLE IS 7 DEGREES.7'03",FOR AN ARC DISTANCE OF 78.51 FEET TO CORNER NUMBER 3;THENCE N.39 DEGREES 44'56"E.89.59 FEET TO CORNER NUMBER 4;THENCE 5.0 DEGREES 15'04"E.116.40 FEET TO CORNER NUMBER 5;THENCE 5.89 DEGREES 44'S6"W.92.46 FEET TO CORNER NUMBER 6; THENCE 5,50 DEGREES C9'46"W.14.20 FEET TO CORNER NUMBER 1 AND THE POINT OF BEGINNING. AND ALSO LESS AND EXCEPT PARCEL A PARCEL OF LAND IN COLLIER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS AND BEING A PART OF THE PLAT OF TRACT A OF GOLDEN GATE UNIT 8,PART 2,AS RECORDED IN PLAT BOOK 9, PAGE 107-A,OF THE PUBLIC RECORDS OF COWER COUNTY,FLORIDA.MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT A;THENCE RUNNING SOUTH A DISTANCE OF 649.27 FEET ALONG THE'NEST BOUNDARY OF SAID TRACT A:THENCE RUNNING EAST 336.31 FEETTO A POINT,SAID POINT BE:NG ALSO DESCRIBED AS THE POINT OF BEGINNING; THENCE RUN NORTH 89"54'21" EAST.A DISTANCE OF 331.15 FEET TO A POINT;THENCE RUN NORTH 0'09'03'EAST A DISTANCE OF 75.04 FEET TO A POINT;THENCE RUN NORTH 23'43'43"EAST A DISTANCE OF 104.18 FEET TO A POINT;THENCE RUN NORTH Exhibit A legal description follows on next page. 3 4889-4677-8246 v.3 0 1 1 A EXHIBIT A(Page 2 of 2) GRANTOR'S PROPERTY Official Records Book 5657,Page 3552 47"07'42"WEST A DISTANCE OF 196.55 FEET TO A POINT;THENCE RUN SOUT H 85'44'Sb":VES t A DISTANCE or 164.50 FEET TO A POINT;THENCE RUN SOUTH 50"09'46"WEST A DISTANCE OF 14.20 FEET TO A POINT;THENCE RUN SOUTH 110 04'09"WESTA DISTANCE OF 113.36 FEET TO A POINT;THENCE RUN SOUTH 3'45'30'WEST A DISTANCE OF 183.92 FEET TO THE POINT OF BEGINNING. AND Al SO I FSS AND EXCEPT PARCEL(3) COMMENCING AT THE NORTHWEST CORNER OF TRACT'OF SAID GOLDEN GATE UNIT 1,RUN S 00'31'32"E ALONG THE WEST LINE OF SAID TRACT I FOR A DISTANCE OF 450.24 FEET TO A POINT OF CURVATURE; THENCE 75.16 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET.A CENTRAL ANGLE OF 89"33'45",A CHORD DISTANCE OF 70.4A FEET,BEARING S A5-24'29"E TO A POINT OF TANGENCY AND AN INTERSECTION V'lTH THE SOUTH LINE OF SAID TRACT I; THENCE ALONG SAID LINE N 89'30'20"E FOR A DISTANCE OF 149.52 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N 89'30'20"E FOR A DISTANCE OF 143.25 FEET; THENCE LEAVING SAID LINE S 00'29'40"E FOR A DISTANCE OF 116.67 FEET; THENCE 5 89.53'11"W FOR A DISTANCE OF 72.43 FEET; THENCE N 86'58'47":"!FOR A DISTANCE OF 69.02 FEET: THENCE N 02'03'40"E FOR A DISTANCE OF 48.97 FEET; THENCE N 14'13'43"V.FOR A DISTANCE OF 17.31 FEET: THENCE N 0729'40"W FOR A DISTANCE OF 4623 FEET TO THE POINT OF BEGINNING; THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 7,190,871 SQUARE FEET OR 165.08 ACRES OF LAND. End of Exhibit A legal description. 4 4989-4 G'17-E1aG v.3 GP 1 1 A a -; EXHIBIT B-GRANTEES LEASEHOLD PROPERTY x _ ® PHASE 1 ESSENTIAL SERVICES} LEGAL DESCRIPTION.y I 1 - LCri p•L- ti it1i:'-g ,.ii'S.i ;:i=l =1�1i-6w'.'ik', '•K, A y�� -• i +, ?'nay v c:ccpp z w a !moyd• i — �� z ► nM3 rr.i....,.. -uvis.V.,--. .-�9''At S p'n a'F,• P,c• 0-our ~ ¢ C.4.ux { .itq�bg "�a }r a'�" wv �r.Vbr,sau � ^* g 5 E S: iF=3 N F 1 1. ,,2{-,,h r= Fi 7 R 4.A= dcti+` .:; .-'-,z a 111 i 24 £ y Yr y, . i nw 5+ - • > : E rr_�icb air t a C , xF;a's^ x o2 s8...• .n ? !2 E 2 i f I kit' Y''gi 4,: � � • 0 3. s wu, 9 ' 2 p yr n.?-• gt 1{A• n ngm,- '_. ''2 y 7r '„2 c 1 r - y i T 1IF,E V 2 , l'n c'�^ _> '; m . - z p-'' Y . `i' ' i .� • m ,r� �_ e,* �, , g , r,• zi XIa ,, $ B : t; k �� Iy ty ! o� i S �a, ; ; 33 1.a k h Legal Description Sketch on following page 5 4889-4677-6246 v.3 C 1 1 P. ._. .----- _ -... ______._..��...____ EXHIBIT LEASEHOLD PROPERTY SKETCH _ - —__��________ I :} � { � . , l _..� /{ K k -f . ) . ; � | 1-77-� \ 2& Ct. _ S% ` @! j/ ~ 1E _ AL / \ : i• / . yto ) / I ii 1 /�� ` B ` N \\ } fi 3 - { { � .. � I . ! $ ;. § q : ; _ ° - ; 2 l• e a / • 1 ;2�[ k/ i \ w ~ - g _ -= : « 9 ¢ / _ ± ;C! : ` �& 2(\\/\\\f� _` � � 4`; I. . ! i2 % \| ƒ4 * /< k \ - ! ! a , § \ ~ I 23.; K i §»)/ @ Si , , ,g' / J �j! ! $\ ! \\ \ •"/! [� qR# � R; , lvJ. k . — L .. � ¥ « _ & "MIA�V ! f �» _ ■ 2 [fill | | � \\ \. \ \ }§q / , 2-� % `� \> /t $ - | | _ . 2> y } ,/ ■ | � « \_�/`�:��//���._j 6 41)89.+m«_v., c° 1 1 ik. EXHIBIT"C"(Page 1 of 3) EASEMENT AREA Access and Utility Collier Boulevard(Northern) COLLir4 HOLILEVARD(SA 951) AWAPNIT • . . ...0...... .4;6,1, e..?'•!;,; ' .12•Ct',4' ........_ ,......._ I .:•fr!.,,..,te.....",.., : DESCR:PTION I' . ,,,, ,..PC:pp; eS f.MA7 ICA, T PACI$WI',Kw, '5 t e, ?... N1..V,AM,.CP cc,a' '.•K...C1:P(7.7 KM-0,0".1.0..K•:I:50K=K,0......, I ... 0 '5' .IC. EV 12.6,NPA Ar,f..C.Mekir[G.,,a MK,..........1"..47 C.'e,mar, I, SCALE' I- = 30' A,.ecRacc:a;Le Kt...'.., 'OW ,d, NAPA,. Mt,541,4 eet-beeri Cr I. C.A.€e:saw, .. R.,,,•04 t,,r.rj!....,..,00..1`06.C.0.1..tese"C"Ci"Kr I F ., C oF I, .I ,..s.VOA 64.1 yGID.C.41, 5 70 0. 11.. ,. . -^..e"•A,77,0.MT:r.,,K 0.,K,Ci .C.,,,e,0,'Ca'PON. .6,...E.06,1,7E517F.IL,--IN,57......! 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Lk., 1.1,.Z • I SNEICN AND DESCRIPTION . , • I/ .........1••••••••••,', '"*"."7•...'..'t.A7...". t;r it(IvitlInor 966•••...N.•••• A pAACEL or LAND ') .,,,..........., •••••• ,•••noos•lan.la:WI.i ,.....,,,, TA...4. ' 0.111, CLOD IN .0 c...6 1.1.W. .A.!',gal..., • I.A01,034,pp• • Map., • 1.960111,50160,6.! SECTION 27 _ ..,,pm 4 TOWNSHIP All SOUTH MANGE 06 EAST ...A..-..Tip...,....•6 i I I.,••••••••••2.t,%el 1..1 e••08.4r94..e,•• .....0.1,.. 'nun.....,, COLvER COuNT'F.FLOR,DA I-- Easement Area continued on following page. 7 49.99-4677-6246 9.3 CPC) 1 1 A EXHIBIT"C"(Page 2 of 3) STORMWATER EASEMENT AREA Stormwater Easement Area Legal Description i lie Fvx 4- vb' yOi; t,r„t fk m> °4rf-i�N�m..f. any xlgs =t Y t'•"E;Ktr:iF. yiF=v wQ C5g �5 ; 0, "- z A y'2t''F1'4". 27i lad% oz ,`'•,k;tUq$bn ti.' L. t. ,- O V v L3 n . 4,ti n r!.. C > aM> yr_- , i r 7 ti 6' N am : . < e lZ � " " k S tlz3-0 s • i i' oia ri^ q Z, " G . I'm- mn > _ wA > ,J q i N ” r 1 S t ar a" z '2A '-• gt, 'i''. �� IA �.V "'i w> .A v�` m_.: y2 i l rT D 3^ v ^rya .n s tv^> n'!y �'• yy p 6^' n t' n N r� i ems'.',` 7. ^ �e u ar "i 77 $ 31.,, -, fry i' P r[ m- -± a t "� s n �Y 1 w 7 mF 2 1 1 __ xi'I% $ i i7� Ib .iflof Zs i t` I°'s re c,ri$ -� Legal Description continues on next page. n��,•�..M. • . .� ev 8 4 e9-4677-6266 v.3 0 1 A EXHIBIT"C"(Page 3 of 3) STORMWATER EASEMENT AREA 44 _• : :-• 5 t;,';... ?;.. . , Stormwater Easement Area .„, --. ...... ;•,. Sketch __ ;, :i.... 7 I - ....: k :. :,•', .5 ,.•:::1,:' ,II;e 1,31.....'3'\ . ...r. . , : .: 4..‘'•0 1, g . . ''''. ' -•Li...4',.•' * - ' ,..:S.‘.. • ...,1•31C.o...113 I.3 C., : :.7 .7". • - a , fn r•..f C....... • ......-,.. .71 -••.....'...• i :: ,-,P PC%71,1-'..,*. W 1.'...' . ", "R.•••14. g • .:. .-.....:..1., .. . ,-.. - A _ .,••••:.. .......„..-.,Tht--. - 0:, •, • .: • > c _ •3 a , 0 4 4 .:-.I$Y4i... to, •%.4/.• '-'....° t72- X' ' T: , . I••••F..4 .' '''' . 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' .: -• .'mpsz.z.r...u...,-, , .---. • --- SS,33'3.re, - I —.!----, -- —.— ------------ . . _ _ . End of legal description. 9 4989-4C:7-8216 v 3 C,P 1 1 A INSTR 6530287 OR 6347 PG 2145 RECORDED 4/8/2024 3:16 PM PAGES 10 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$86.50 Prepared by and return to: Collier County Real Property Management • Attn:Jennifer Belpedio 3335 Tamiami Trail E. Suite 101 Naples,FL 34112 [space above for recordi-g data; PROJECT:Renaissance Hall Senior Phase 2 PARCEL:Golden Gate Golf Course in favor of Phase 2 Senior Leasehold FOLIO:36560040008 ACCESS, UTILITY AND DRAINAGE EASEMENT (Phase 2—Senior) )2 -N This Access, Utility, and Drainage Easement is granted this �Y day of Mafl/�/� 2024(the"Effective Date"), by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 ("Grantor"), in favor of RENAISSANCE HALL SENIOR LIVING, LLLP, a Florida limited partnership, whose mailing address is 19308 SW 380th Street, Florida City, FL 33034("Grantee"). (Wherever used herein the terms"Grantor"and"Grantee"include all the parties to this instrument and their respective heirs,legal representatives,successors,and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) RECITALS: A. Grantor owns certain real property by virtue of a Warranty Deed recorded in Official Records Book 5657, Page 3552, Public Records of Collier County, Florida, commonly referred to as the former Golden Gate Golf Course property ("Grantor's Property"), as described on Exhibit"A".attached hereto and incorporated herein. B. Grantor, as Lessor, and Grantee,as Lessee, are as of the Effective Date parties to that certain Collier County Standard Form Long-Term Ground Lease dated on even date herewith ("Ground Lease") wherein Grantee is under a 99-year lease of approximately 2.16 acres of Grantor's Property, as described on Exhibit "B", attached hereto and incorporated herein ("Grantee's Leasehold Property"), to construct rental apartments to meet a crisis in affordability and availability of senior housing. C. Grantor desires to grant to Grantee, a non-exclusive access, utility, and drainage easement on,over, under,and across Grantor's Property for the benefit of Grantee's Leasehold Property for the purpose of legal access to Collier Boulevard, access to utilities, and access for off-site stormwater drainage,retention and detention. NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants to Grantee a non-exclusive access, utility, and drainage easement ("Easement") over portions of Grantor's Property("Easement Area"), as more fully described on Exhibit"C", attached hereto and incorporated here. The Easement on, over, under, and across the Easement Area, shall be for the purposes of, a)providing ingress and egress from and to the edge of the Collier Boulevard right-of-way; b) providing access for utilities from and to the edge of the Collier Boulevard right-of-way; and c) providing the draining of surface water from Grantee's Leasehold Property onto, over, under and across Grantor's Property, including any required retention or detention, all in accordance with, and as may be required under,any governmental permits, including, but not limited to,the South Florida Water Management District Permit, related to the development of Grantee's Leasehold Property. Grantor reserves the right,from time to time,to modify the Easement Area and may reconfigure, relocate and reconstruct the drainage improvements within the drainage portion of the Easement Area, provided that Grantee's drainage easement rights granted herein shall continue to comply with all applicable governmental storm water permits. Grantor's reservation herein includes the right for Grantor to unilaterally replace the stormwater drainage, retention and detention Easement Area portion of the legal description in Exhibit "C" at such time that the drainage facilities on Grantor's Property are constructed or reconstructed in the future and specific legal descriptions are available upon each such occurrence. Upon any such modification, Grantor shall execute and deliver to Grantee a recordable amendment to the Access, Utility and Drainage Easement. 4887-9573-9271 v.3 1 1 A The easement rights granted to Grantee are subject to existing easements, restrictions, reservations, and other matters of record, if any on Grantor's Property. This Easement shall inure to the benefit of Grantee and be binding upon Grantor and Grantor's successors-in-title. Notwithstanding anything to the contrary herein, Grantor and Grantee have agreed in the Ground Lease that subject to the rights of any Leasehold Mortgagee or Equity Investor(as such capitalized terms are defined in the Ground Lease) to effectuate a cure following a Default under the Ground Lease by the Lessee, that any easements granted in accordance with the Ground Lease shall remain in effect for the term of the Lease; however, upon the termination of this Ground Lease,the County, at its sole option, shall have the unilateral right to terminate this easement and to unilaterally record a termination document evidencing the same in the Public Records of Collier County. IN WITNESS WHEREOF,Grantor has executed this instrument on the day and year first above written. BOARD OF 0 NTY COMMISSIONERS, AS TO THE GRANTOR: COLLIER N , FLORI ATTEST: CRYSTAL K. KINZEL,Clerk By: ris Jail, CHAIR AN Attest as to Chairm u signature only Appr • as to form and legality: -.-I. �y;kar As •+�y�1!i ounty Attorney ` l v-3 2 4387-9513-9274 v.3 0 1 1 A EXHIBIT A(Page 1 of 2) GRANTOR'S PROPERTY Official Records Book 5657,Page 3552 TRACTS A AND B,GOLDEN GATE-UNIT 1,ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5,PAGES 60 TO 64.OF THE PUBLIC RECORDS OF COWER CO LINTY.FLORIDA. AND TRACT A,GOLDEN GATE-UNIT 8 PART 1,ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5,PAGES 147 TO 151,AND TRACT A,GOLDEN GATE-UNIT 8 PART 2,ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9,PAGES 103 TO 112,ALL OF THE PUBLIC RECORDS OF COWER COUNTY,FLORIDA. LESS AND EXCEPT PARCEL Ill: BEGIN AT A POINT,CORNER NUMBER:,354.50 FEET SOUTH AND 370.13 FEET EAST OF THE NORTHWEST CORNER OF TRACT"A"OF GOLDEN GATE SUBDIVISION,UNIT S,PART 2.AS SHOWN ON A PLAT THEREOF RECORDED IN PLAT BOOK 9,PAGES 107.112,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA: THENCE RUN N.0 DEGREES 15'04"W.16.91 FEET TO CORNER NUMBER 2 ON THE EAST LINE OF AN ACCESS EASEMENT;THENCE RUN N.17 DEGREES 5I'43"E.31.94 FEET ALONG SAID EASEMENT TO A POINT OF CURVATUP,E,THENCE RUN NORTHERLY ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 577.88 FEET AND WHOSE CENTRAL ANGLE IS 7 DEGREES 47'03",FOR AN ARC DISTANCE OF 78.51 FELT TO CORNER NUMBER 3;THENCE N.39 DEGREES 44'56"E.89.59 FEET TO CORNER NUMBER 4;THENCE S.0 DEGREES 15'04"E.116.40 FEET TO CORNER NUMBER 5;THENCE S.89 DEGREES 44'56"W.98.46 FEET TO CORNER NUMBER 6; THENCE S.St)DEGREES 09'46"W.14.20 FEET TO CORNER NUMBER 1 AND THE POINT OF BEGINNING. AND ALSO LESS AND EXCEPT PARCEL(2): A PARCEL OF LAND IN COLLIER COUNTY,FLORIDA,MORE PAP.TICULAP,LY DESCRIBED AS FOLLOWS AND BEING A PART OF THE PLAT OF TRACT A OF GOLDEN GATE UNIT 8.PART 2,AS RECORDED IN PLAT BOOK 9, PAGE 107-A,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA.MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT A;THENCE RUNNING SOUTH A DISTANCE OF 649.27 FEET ALONG THE WEST BOUNDARY OF SAID TRACT A:THENCE RUNNING EAST 336.31 FEETTO A POINT,SAID POINT BEING ALSO DESCRIBED AS THE POINT OF BEGINNING; THENCE RUN NORTH 85'54'21" EAST.A DISTANCE OF 331.15 FEET TO A POINT;THENCE RUN NORTH 0"09'03'EAST A DISTANCE OF 75.04 FEET TO A POINT;THENCE RUN NORTH 23'43'43"EAST A DISTANCE OF 104.18 FEET TO A POINT;THENCE RUN NORTH Exhibit A legal description follows on next page. 3 48B7-9573-9274 v.3 GAO 1 1 A EXHIBIT A(Page 2 of 2) GRANTOR'S PROPERTY Official Records Book 5657,Page 3552 47'07'42"WEST A DISTANCE OF 196 55 FEET TO is POINT;THENCE RUN sOU T H 89"44'Sb"WEST DISTANCE or i84.50 rEETTO A POINT;THENCE RJN SOUTH 50'09'46"WEST A DISTANCE OF 14.2o FEET TO A POINT;THENCE RUN SOUTH 110 04'09"WESTA DISTANCE OF 113.36 FEET TO A POINT;THENCE RUN SOUTH 3'45'30'WEST A DISTANCE OF 133.92 FEET TO THE POINT OF BEGINNING. AND ALSO I FSS AND EXCEPT PARCEL(3) COMMENCING AT THE NORTHWEST CORNER OF TRACT I OF SAID GOLDEN GATE UNIT 1,RUN S 00'31'32"E ALONG THE' EST LINE OF SAID TRACT I FOR A DISTANCE OF 460.24 FEET TO A POINT OF CURVATURE; THENCE 73.16 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIJS OF 50.00 FEET,A CENTRAL ANGLE OF 89"33'45".A CHORD DISTANCE OF 70.44 FEET,BEARING S 45'24'29"E TO A POINT OF TANGENCY AND AN INTERSECTION WITH THE SOUTH UNE OF SAID TP.ACT I; THENCE ALONG SAID JNE N 89'30'20"E FORA DISTANCE OE 149.52 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N 89°30'20"E FOR A DISTANCE OF 143.25 FEET; THENCE LEAVING SAID LINES 00'29'40"E FOP.A DISTANCE OP 116.67 FEET; THENCE S 89'S3'll"W'‘'FOR A DISTANCE OF 72.43 FEET; THENCE N 86"58'47"W FOR A DISTANCE OF 69.02 FEET; THENCE N 02'03'40'E FOR A DISTANCE OF 48.97 FEET; THENCE N 14'13'43°W FOR A DISTANCE or 17.31 FEET; THENCE N 00'20'40" FOR A DISTANCE OF 46.23 FEET TO THE POINT OF BEGINNING; THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 7,190,371 SQUARE FEET OR 165.08 ACRES OF LAND. End of Exhibit"A"legal description. 4 4887-9573-9274 v.3 1 1 A ExwPoT' r,.Pr,NTF.E'S 1EA$EHOI PROPERTY!PHASE 2 SERIOP LEGA DESG^.F' ::. =j_ 1"'. " =q g. fi agXgR ,di, 7,- p r x y ��x. ty r,ry r.,Feif ti 2: ' a cga.4. ap .�. :% ,,'r J r'+r u� vZYi ryM 'r ,.e N igiF s7,ScsF' ry4 0 '' G F *Aug' g�0` � 0, 201 , _ I o c 4^ ✓r x ' .. x a. i i F,a :S i --G z;y t p, a a� y, � ' ter ::f - '� O Nei!! <...Yid y 3 z:t a �h; Z I <..' i'ESC ♦ 'a k kg O ma. -13 I % j 2t1n jad F. m J .� CC m �� rc Sy O y+ 2 Vn TKV� la�wF.� i!(T n I2 z c s,;,j' �';il , i r,, tl i`I 1g yS '.r u i- F .4 :i. a sJ Ie, c 5 4887-9573-9274 v.3 1 A EXHIBIT B-Grantor's Leasehold Property(Phase 2 Senior)Sketch ,,. iri ,":"7; Z l's,•.r•. ›:'41 i i . .%..,.•.:F.:4,,...., '..4 t 7 ::: ....V i a- E",0 • . 4 - ...... . .17'5 • Ir'= • *::•—• s ^0;" —I"' -I—T---- -l---- ' gl,Mr,4%.1,3,P rn•,, = ..i, . •,-, ....r...415rr:”.74, ".... •-... ,?..0 • , ..... C. 311)1. 0 III 2 '4' cr. . i I "-• E I—... I'd ;.f. 1,, !..• "0 s a :-. . ; i• 5 .,1 r, ,•,.:,.,,•x •7: ...,f__.....____ .1 -0 x g 4 - Z. .. ' i a1N) .2..:.,,--•::...:.., • • . •,:y ' C5.'..''' t.'.=. , .. I t— - ..•.- PC' 6" 6 8 ....- ,.:: •• ) ; 4., ,: f,Ag -e6 z en 1 :, *1,':-e c.: x•a • - I , I '3;4 >oor; o g '--•i• -9, - , . 9g — ..-.. v. , ... --1 1: -Not A SURVEY. .--...._ --.— -• ,2 1 1 4 e V i .1 . 1.41 1 ---.1.3'11-...f.v.o-— . ... j a .-----,— . . . .. ,...... ... End of Exhibit"B"legal description. 6 4887-9513-9274 v.3 0 1 1 A EXHIBIT"C"(Page 1 of 4) EASEMENT AREA Access and Utility Collier Boulevard j COLLICR dOULEYARO(SR PSI) -- II ,»,�•. ... .._ Al r_.._._._--_..._.._ a-.._- iuR•.x' 1 - vllA Ate• •000•0100 I , Ka DE$CR,PTION ' •A.[A Cl IAK.:nK N rAaT A•CN.YW L',T aa.A.DV' I.a',I SW'F.• "'i'_"—'.1111.1 a,1A'OM. I 1,•.21,.4,'Wv;cv ,)r.'M nAO:wxvar a :rADO, ' (LMN l.yYl.LO�W.9:WK,Wm'Au,,C...,'i:l10 G',LINO • 0 3C 60' Ctwr.:./•A:*<1C1s(A.^.:vorce O'x• A•.:.DJM1✓+l LM A nr. 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CC M...Cr.'.:IY9r:.0f.,:: 1.AA •4, 4T.,<K.' .w frO, •C' I..1 1G.C. WV AR +[1M . .'-E tl•wa'NK0 xk•^.h:'O.SLM 4. I. .l.Inw:1.:<:.-44.F,or•Y.:loll An:.r ' (0„G N.,YK9I� rAA^++� a.. .I.. I.0 .0•0000.041, j •NOT ASUX•;EV• +i a.n •A•i, I SC..ETCN aNO DESCRIPTION II' ®l rx.x 11rad ,lii or I�w bh,NI IN I A PARCEL Cr LAND �' M„ * I 1.611 Filuuvvn I..ISunlp.r\ • Moms - InlW.gr O'.N1.'rt,, IYTIOisc M �.. ; �.u..,..,, .,.�•.«....,,.. .......,,.....- SECTION r .w I. w. ,,,ell .. .loll..r.00 ..vl Or/ (,.,loll. I D'NN5 LL a9 50UTN.NANO£.D EAST +.,K __ .•."nnloll is,.•.0 u..I COLLIER COUeTr F�OR:DA '.F":• Easement Area continued on following page. 7 4887-9573-9274 v.3 1 1 A EXHIBIT"C"(Page 2 of 4) EASEMENT AREA Access and Utility DtsCRiPTt3 DESCRIPTION CONTINUED •w44 V•:'.'.:'.S,G•1 ♦•Pw•r• .':s T.C.4O. .•'C,.PI.w PrJ-Cr.IAN,...:,:Yx.,I,':.Kwwt AA.t..+st i; �: w'.. .rKJS�'ti:..:try Ir•Y••'(•!..< l ,4.R..•r' ',c.v.,'Icy-rem-Sy J.Y.rRT A:w:M1f✓:iY.•," '.5Pl4 Wf t CM I. 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NS. nJ u n'.' IP.Y•r ..•wv, 4e•(eF +Ns.fr I 1 .•l•• l M5' :.4'!. MCr C•FC.'✓r y' '. ,TM, Ml. :•.L.:I.I II.l • Y t,:•C .4''1k C.r•C G'FTPG 'met✓+a&GYM.'(At Odd II I-..--,---'l I I PXIY f i VOL ,.Ct4.CL l.:Id6.'emd.r.1IF MG wP•[i' ''GK.COI ai4LT0G I Li. ,i Ir t Y. S.YK* a' M•: lt•,•tCL r t..'.s '-s L-0,,f13.fa N.M.` .-- 1 2'•Y rot[..•41'7/J�'-.,•: "3.".r Cl'Id 0,G4K P.e+. SKETC„AtMO OE0CRIRTION , t4q.r•. •'O n(.r mew r ®tiradfldinOr I APARCEL OF LAND g tm,• Soros.) CM!fid•On•Yr. I.IO.:.O110r4 . 110•0•0 . I.n.t.rJy'Wlfllttl. LY.NGIN 4 'SM. 4..u:.1 eEctaN 27 ,•.,'•r'+'.u...'.' '•^•I•"'"�'»•'•. •^•"'•. .". 10WNSH:P 4950UTH RANGE 26 EAST C ),'.c _ �.LI s.sr.v,,.. I4•..r..$ .r•N•..,.r"lu...r CO'.LIER000NTY.'LOR,DA it [-" .a:l Easement Area continued on following page. 8 4987-9573-9274 v.3 1 1 A EXHIBIT"C"(Page 3 of 4) EASEMENT AREA Stormwater Easement Area Legal Oescrip:ion _25xo,x 7~1'Y 11,..R> R" „,44u�,ti.. Iit. -,— I;av�u"i �- 2C..6 i3 tifr rn --1 ~Vy v• a l•M A, . 3jj *K fVj 2.y g ,0 a; r V ` =nc,50- a Sty a• , ✓t i • A 1 tO° r• ▪ ,1 p r ivy R,,,?4 a lif 4"y a X' Y52 _{'€•p E.,.'.“. r Z f '\ .+�N r..9r 2: 2 • r.. ..• u� k�. 3 " '-3 ry_ Y1 �F ?it .'{ "' .-0 p Ng px r A V, cc a3 i 0,y€ 1 ,f,. s Try S i, ` ' M y t } paA 4 C � y E s 'p F. ▪ l �b n£ N} i ;ti V� j7' A t N Y 1 S ; 9 .F A L' 7 8 t a4a'Mr, 9 R J - 2? �3 F S' o g z r 5_ 3 p 's'''' 't ArJ2 rTr' QN • .7 35 g .y .. .' $ _ 73m Oz $ , 'Zj ti h" 4 i' aV i�. 4,1, a 1 R 3 r 517 4, i b 8 7 v •j CI Legal Description continues on next page. 9 4887-9573-9279 v.3 0 1 A EXHIBIT"C"(Page 4 of 4) EASEMENT AREA • ,f, . ' 1 .•7..•.". g '!1 o -. Stormwater Easement Area f. Sketch r:- ' •••'. ..-ri '''•: I: ;'.• • - '''''''''';' ' ' ACT 34.1 r r • 1•t ' 1. - .... ' .".::"i: :7 -`1.`,':'..•.. '-"' - 3* rn c '....74.,:::;1 ..e !...j.?.- .- X •• i f: .... -.,,Et . . - CD ' • .1.'; • ! ??, c .41 '.. . . 5 c .:. la . .i." 3"..,!„1;,-. ,,-:..: t, . ,,, ,i-1.-, • r 7.-0e.1 a --zi., -i . . r , l f,__..---1._1 : T. 4 i i P 6 Y '''• -!! - I 11 g - ; r 2'21. s , A.71'.i .' 2 A 4 a A.; ,t-i 1 1 -Ar- 1 - Zt I t 1E 'I: ' ,4 • ,;..J.-144 j . fc3 a: .JiW • D..,.2 g- -ig .,„s. I - i,- ;,-..,:f. i4i'' ' 1.:.;!' . '• 2. ! i - r .-,•• .-z• ..t. '",...... ! " 1 = n K: !: ,-- i 1 :._ . ) I 1 .4 :....s ' '•• .- ' .'•' r-- i I- • . v' . . - r. . '.. "," iP z fp, 1 ,.- , z.•.'. , .- i - 0 x --' ••,,-.. ..,:...-11--:: _.._ .- !....1 . '..•:31 . ...7,:-. .. 1 4, .., 'NOT A SURVEr t..v.i.:,..7. ,.. ... 1 . - . -- - . --.6.,---..:.• ; : '''= ' ?.. 4 :4'..i, g >12 A g -. •- ''. .''''.:• , ''::".. ' i• '. ''''' ; .-- 1.1 I! D' '. '. ---- — •.,..'c.1.2 ,: ..:. '... ,•5 ...L.:2',42.:,.2".C. •'',V2 ..:' . • ..J '''..' ... ..I' 1;:._I.., ''.. i• S .,f .. .. .. .. . ....- . .... .. . .. ... .. ..,. . . .... ..... .. ..... . . - ..... . End of legal description. 10 4887-95"3-9274 y.3 0 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 I A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP—2 of 2 for this Item Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. Sally Askar, ACA County Attorney Office 3' 124-4. BCC Office Board of County Commissioners C.F{ 4y100j(5/ z- 5. Minutes and Records Clerk of Court's Office411W 5-1(ZIA PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addresses above,may need to contact staff for additional or missing information. Name of Primary Staff Contact/ Paula Brethauer,Management Analyst County Phone Number 252-2041 Department Manager's Office Agenda Date Item was Approved March 26,2024 Agenda Item Number 11.A by the BCC Type of Document Attached 1) Second Amendment to development Number of Original Agreement Documents Attached 1 of each 2) Termination of Lease (5 Total) 3) Ground Lease Phase 1 4) Addendum to Lease Phase 1 5) Ground Lease Phase II PO number or account number if document is to be recorded N/A INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature?Stamp OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,except for most letters,must be reviewed and signed by the Office of the County Attorney. £-12s0 7 4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the PJB document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's PJB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip PJB should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC as stated above,and all changes made during PJB N/A is not the meeting have been incorporated in the attached document. The County Attorney's an option for Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, N/A is not all changes directed by the BCC have been made, and the document is ready for the an option for Chairman's signature. CEO this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 1 A SECOND AMENDMENT TO DEVELOPER AGREEMENT (GOLDEN GATE GOLF COURSE HOUSING PROJECT) This SECOND AMENDMENT TO DEVELOPER AGREEMENT ("Second Amendment") is entered into this o2(0}ly of 'm Ga.Lck , 2024 ("Effective Date"), by and between Rural Neighborhoods, Incorporated, a Florida not-for-profit corporation ("Developer or Rural Neighborhoods") and Collier County, a political subdivision of the State of Florida ("County"). Developer and County are collectively referred to herein as the "Parties" and each, individually, as a"Party". RECITALS: WHEREAS, Rural Neighborhoods has been selected by the Board of Collier County Commissioners through a Developer Agreement dated November 10, 2020 ("Original Agreement"), to construct rental apartments to meet a crisis in the affordability and availability of senior, veterans, and essential service personnel such as health care workers, educational staff and first responders that impacts the economic, commercial, and residential development of the community; and WHEREAS, the Original Agreement was amended by that certain First Amendment to Developer Agreement on April 23, 2023, the "First Amendment", which replaced Exhibit "A", amended Exhibit "B", and replaced Paragraph 3.4 of the Original Agreement, which the Original Agreement, as amended by the First Amendment, is hereinafter collectively referred to as the "Developer Agreement", attached hereto and incorporated by reference; and WHEREAS, Rural Neighborhoods is organized for charitable and lawful purposes not for pecuniary profit under Chapter 617, Florida Statutes, including, but not limited to, the lessoning the burdens of government through community redevelopment and the provision of housing; and WHEREAS,Rural Neighborhoods is Federally tax-exempt under Section 501(C)(3)of the Internal Revenue Code and must not be operated for the benefit of private interests nor may the net earnings or the organization inure to the benefit of any private shareholder or individual; and WHEREAS, the Developer and County desire to amend the legal description identified as Exhibit "A" to the Developer Agreement to identify an Essential Services Phase 1 ("Phase 1") legal description and a Senior Phase 2 ("Phase 2") legal description to assist with the phased development funding of the Project by Developer's single-purpose legal entities as stated in Section 2.1 of the Developer Agreement; and WHEREAS, the Developer and County desire to amend Exhibit "B" to the Developer Agreement to remove "track changes" and to amend certain language in the Income Targeting Criteria; and WHEREAS, the Developer and County desire to amend the construction time. NOW, THEREFORE, in consideration of mutual benefits and the public interest and other good and valuable consideration the Developer Agreement is amended as follows: 1 1 A 1. Recitals; Exhibits. The above recitals are true and correct, are hereby incorporated herein by reference, and form a material part of this Second Amendment. All Exhibits are hereby incorporated herein by reference and accordingly deemed a part of this Second Amendment. 2. Legal Descriptions. Exhibit "A" of the Developer Agreement is hereby replaced by Exhibit"A" attached hereto and incorporated by reference, identifying a Phase 1 site legal description consisting of approximately 19.62 acres for Essential Services Units and a Phase 2 site legal description consisting of approximately 2.16 acres for Senior Units. 3. Exhibit "B". Exhibit"B" of the Developer Agreement is hereby replaced by Exhibit "B" attached hereto and incorporated by reference. 4. Paragraph 3.4. Paragraph 3.4 of the Developer Agreement is deleted in its entirety and replaced with the following: 3.4 Within fifteen (15) days of the Effective Date of this Second Amendment, Developer agrees to provide a timeline of the anticipated schedule for Phase 1 and will provide the Lessor with any significant changes to such schedule. Developer shall secure a written commitment of project funding for Phase 1 ("Funding Commitment") by May 30, 2024. If Developer is unable to secure the Funding Commitment by May 30, 2024, Lessor may exercise its option to terminate this Ground Lease or, at its sole discretion, Lessor may grant additional time to Developer to secure the Funding Commitment. The above referenced deadline may be extended at the discretion of the Board of County Commissioners. Developer shall commence construction of Phase 1 within six (6) months of the Funding Commitment. If Developer commences construction of the Phase 1 project within six (6) months following receipt of the Funding Commitment, the Phase 2 Developer shall be granted twelve (12) months from the date of the receipt of the Funding Commitment to obtain a commitment of project funding towards the Senior unit housing project as outlined on Exhibit "B". SIGNATURE BLOCKS ON NEXT PAGE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK P� G 1 1 A IN WITNESS WHEREOF, Developer and County have hereto executed this SECOND AMENDMENT TO DEVELOPER AGREEMENT on the day and year first above written. AS TO THE DEVELOPER: Rural Neighborhoods, Incorporated, a Florida not-for-profit corporation Witness(signature) By: �� Ste 'en Kirk, resident I S A f o I`fte_S (print name) N,LAck.dtkb Witness(signature) \-abLick. Le (print name) AS TO COUNTY: ATTEST:, BOARD OF COUNTY COMMISSIONERS, CRYSTAL K. KINZEL,Clerk COLLIER COUNTY, FLORIDA (.7)Vit : • By: 'Attest as to Chairman's.; DE U Y Ch a 1, CHAIRMAN tive signature only Approved . to form and legality: • dr& Loalift.._ Sally IS ar,1 A ssistant County Attorney 1 A EXHIBIT A (Page 1 of 4) EXHIBIT A - Leased Land (Phase 1 Essential Services) r i. •• a J. . 5 ? n I-I , 1 -1 -t 1 , -• g , „A ,,.. „,CI, 1.C`1.. ikr.. ... r:',2410,.,, Z 0 i t Z. .t I 4. k,,, T. S e i Z g.I--•IA PI CF. AN 0 .1 C3 2- 7 2: z ,,, ,.; 4 '''.1 n1X2 - - . • r.,.. v5,'-q -I 7.,, It. Zi I, 33 .3:I N.,X z 3, I.. .1.•• cl;Q eu _ .... , -1 • — " - 1 4'C.-0 •... 4 it z .10 '61 — K7 VS 1.,'0 --: `-'-' '7','Z"4,-:,..T;; `,,,"'-''r-- 0 i k C . % X i X tsl—T.11,i, A ki• A.' LK T •P:V c,.. V:I;c$ ti•'LI V c'S Li.V t'..IN; ,'r - I; g z ,- - - - - - - - -,,-,--1,1-1 -1.--.90--, ,,-.,s3,-ii. m _ .. '— -y!.A . . . . es t a g '... IF i f §"t I .71' 9. gri kit k. • Q. ',...• i-1 a. tRFEaRC2,..1 ,.,,A1,,,AE? ,,, 114 ,414Act, 4u ci7i , f 1 .-1 T3 ',V -1--4•-,• .-i.-,---,,--,: ,--1:1 ,: -1 - 0 1 A V.,- -1 I r, .I.! C2'0 t ;.: .P rri,' . - • •-.1' 0 • ,r3 V 4 • 2D, I- Irl 7 T 'I 'I '.. 'I T `I .., -.‘ ' ' r'i." 1,-;,,p'clx •K-r; c.. - C PIN A., 0, Se (fr. ma L' 1,4 V I.. -• -: . N ks:.,•It g-A r..- . yyZ, , A -I T $ LV. .7•. `I r_,, te' In •-• "" I/11 .... '''' ..1 8 '4 F.' '—'id, ..• 6- .-s - r- - c.: i•-• ?'RF5 i * % '' , rn B 7 61 i rn TT • , •• c 4 t -IC p r,,,,, r. „.,,, ; ; r,, „, -..,,-.. A,!' rti Pir.sr;'zi.i Y g,, i-, i,,s e, G r..; tux , ,_, q - q , rr, rr . r-2:1 :1 tr:.• r.' "'c.-). t!,,, "' . rt r--V tr, 26 r-• -6— 1 t"It4v1 . ,„ t?,,1 a , •t" ,in c 2,' i •• ,--, Z ri k A , -4 A F. PR 221 z,i,,,„..,y 1 z cct r r- -I.i•1,1 T V" V ., :5: ''.1• 1 ! :2Lij II P •4 ...I .7 ! m• . z 0 r11 S ,.. x .., v., ,,, .. - I1,2,4!f•'.•A - -P, Z. X.." • -, -I 7 lig ,,2 xi CI R T 3 az v> I, rn Fi Cz1 M 0 in A * 64P tQg1M a V, Z trI 0 T t 0 n 1)goo > I e r," 22`2-' Pn 0 ,. ,,, '1, _,.. _ -- ,,AI Ii° 1 r, - tn G * .... n —IV g M Z 0, rp In rti 14 r:cl tO 2 ' CI rI1 - ,-. •,;.. „, .. . - ! A n ... 0 ii 9 r [CONTINUES ON NEXT PAGE] 0 CY,, 1 1 AA EXHIBIT A (Page 2 of 4) PHASE 1 ESSENTIAL SERVICES SKETCH EXHIBIT A, PAGE 2.SKETCH _ .... ....._ _ Nerprem.6 502 3i!' 7 .,7 , m x a E '''''' = 1'4 i Y•••1 rj) i kl" ,,.;g 0 le 14,r6r:F'SZIrt,* MCI''Al- 1 111,2... .,,q 0 i . 4 _.. ...- .. •.t. r_-.,„.. -. No i '1' /0-- - - _ - ...". P ;1 ."•3 n CS: 0 -_ 7 f •,,,, It !: 4,.. • _____— , a t *. m .1 = 1 i; 1 1771"7 "... 03— .7. • t• A . , 4 C) 4 i -1.-- 1* I -4.• -".. f'T l'f- ? ...• f.` 4 1 CO - 2 7 i E "—a4a,1@2?tE. 9 I--—,.. ,„,.,x a a r4 rn 2 -I T 0 B i k4Z 0 0 r^— ,—la rii __ -II no 1.. 1 ,.. y41,4x t It ;448 ; Ei-1:4 z ur. , 14(...P. ,,........). ....,. • . — gT, ''. :reb:::,1)1 • °NOT A SURVEY' N . 0 Cl / 4 k'k tAl 04, 0 Eg s 1.1 11. $ Itt 1 '' AOC -it / $ ,-5 I i !,...2 /7,•' , ,k. . / gAlfs' f, . 79 r— sip-32.2p. x•re. r....,-...:__ ........ Legal Description continues on next page OP 1 A EXHIBIT A (Page 3 of 4) PHASE 2 SENIOR UNITS LEGAL DESCRIPTION: ..... ..., r EXHIBIT A , Leased Land(Phase 2 Senior) ci - ...... ,,r„ 7, a --..'ii/.51 ..• .3. "..' ' ........ el ;$ R -*--. _.. c • rtrtaF' - t.,... .( el A 4-I(.4,cp > .•-t -4 -1.• 4,,,, ,IL,_.n p--.1 t?-1 A-4 i ;•1.411';Xr: y.,"Q - - 'It P .1 a :14 411 ..' 4.' ff• 2 4 a ' S• .. i rp..- r, .. rr, ,,,;k98r. 4 A:q E ''' X ;• - z o L,•''''' xxxx, . .,,,.,. ., , li - .i• .. ...,.. 4 ....x in-4 c,-. tor- E XA -RiA i 1 6 —7)o 1 1,2,A4 I. 1.•., * § ' pi Ki aa,'E4 rcili ,:c mcf) .--i5 ). m--. -0 C :"(,. 2 6 ...... -- Z IO 61 :,-<2,a,,„,2 -1.1 01 ,,4. •/." 11 P-4 c. 9 r-z — 0QC) Y. N )m 6 z5 7CT1 co -4 I t7241 fi ?: 4,1 g i m ci Is u, tztr g, $ _ 1 ,. tel n, LI' 4' 17.1§ ; g •.---- —--— --- C)\PI ... 1 1 A EXHIBIT A (Page 4 of 4) EXHIBIT A-Leased Land (Phase2 Senior)page 2 1:i z,a,' c MIC,71c1 (00 Cj!,1i. /2 Itz &J - -: _ . AA AP, I ('- "--, YY;r it,`'<..FT,?A' `,......, T" I (d] y�j I f'i / F� '�q CD X vs n we a,-4 1 _,ma `` v pa - s - m 0 ' if, .1 r" cm a45 e ._., r- � _�' _ ' 1 Eli '4 "'iv N -,• p = w u` Al - z 'i ,- !I II N N II 1 II II M N 6 Q '1'i '''*s..-' Z ‘:-.-;‘" c ; A * cl{A la $ tr, 2 Fa . il c.,l';'s us f., tt! tpy n --___ XIp n s m o m I-- 21 z 1 _... 2c4 m. v `" -. op • z__ 0 m I rZN 22 teh b 2 rn A .,, d[1.60 I r 'NOT A SUR VEY' a: " nc'r Mk j » aaots N j S r } as ee x1 i .4 n s " r. fi l _.f . __ tt < f —..- I -.i tl * 0. , 4M y rm ,c c' ^' L u g gsg , 1 I I 0 P G 1A EXHIBIT B Phase 1 and Phase 2 Unit Totals and Types Minimum Number of Units Maximum Number of Units (Overall) 350 (Overall) 372 Target Number of Senior Units 100 Target Number of Senior Units 120 Target Number of Essential 250 Target Number of Essential 252 Services Units Services Units Note: Five percent (5%) of Senior and Essential Services units shall be targeted to persons considered to be veterans. Income and Rent Targeting (Goal) Seniors Income Target Percent Minimum Maximum Note: Developer may AMI Rent Level Set-Aside # of Units # of Units elect to use IRS§42 28% 28% 10% 10 12 Income-Averaging as a 60% 60% 90% 90 108 set-aside election in 4% or 9%Housing Credit transactions. Its election enables income levels to be set-aside between 60% - 80%AMI, balanced by units set- aside below 60%. Essential Services Income Target Percent Minimum Maximum Note: All units shall be AMI Rent Level Set-Aside # of Units # of Units rented with priority given to Essential 50% 50% 9% 22 22 Service Personnel 80% 80% 11% 28 28 employees. 120% 100% 80% 200 202 ESP Occupational Preferences include. Tier 1: Healthcare, Education and Emergency Services Tier 2: - Government Income Targeting Criteria Developer shall undertake best efforts to obtain project financing that enables developer to construct residential rental units that meet the Income and Rent Targeting Goals shown in the charts above with particular emphasis on Target Rent Levels indicated in Column 2. Developer agrees to an initial maximum Debt Service Coverage Ratio (DSC) of 1.25 DSC; DSC ratios in excess of 1.25 shall require Developer to reduce initial rents to a level that results in a DSC not greater than 1.25 DSC. The intent of this requirement is to reduce rents [Exhibit B continued on next page] G 1 1 A and bring projected rents closer to the Income and Rent Targeting Goals. Future rents for each Target Rent Level, i.e., 28%AMI, 50%AMI, 60%AMI, 80%AMI, and 120%AMI, shall not exceed Rent Limits established for an Effective Date by the U.S. Department of Housing and Urban Development for Collier County, Florida. Local government shall undertake best efforts to obtain Federal, state, and other housing resources, impact fee deferrals or alternate means of off-site improvements to enable Income and Rent Targeting Goals to be achieved. Developer shall also undertake best efforts to obtain additional grant and/or equity contributions from participating Foundations and others to enable Income and Rent Targeting Goals to be achieved. The Parties agree to a mutual review of pro forma total development costs, income, and expenses prior to Developer accepting a financial commitment from an outside lender and/or equity investor. The Parties agree to the inclusion of the participating Foundations in the mutual review. The Parties further agree that cash flow from the Project shall be described and distributed in accordance with Phase 1 and Phase 2 income sharing agreements by and between Rural Neighborhoods, either Renaissance Hall at Old Court LLC or Renaissance Hall Senior Living, LLLP, the Collier Community Foundation and Collier County. The Phase 2 income sharing agreement will be negotiated separately amongst the parties. The Phase I and Phase 2 income sharing agreements will be presented to the Board of County Commissioners for approval prior to the loan closing for each respective phase. Grant funds provided by Collier County, Florida are subject to Federal and state rules and regulations including,but not limited to, Program Income as applicable. DEVELOPER AGREEMENT(THE FIRST AMENDMENT TOGETHER WITH THE ORIGINAL AGREEMENT) ON FOLLOWING PAGES. PO O VI A a FIRST AMENDMENT TO DEVELOPER AGREEMENT (GOLDEN C:ATE GOLF COURSE HOUSING PROJECT) This FIRST AMENDMENT TO DEVELOPER AGREEMENT ("AMENDMENT") is entered into thisa5-qay of . 2023 (the"Effective Date"). by and between Rural Neighborhoods, incorporated, a Florida not-for-profit corporation ("Developer or Rural Neighborhoods") and Collier County, a political subdivision of the State of Florida ("County'). RECITALS: WHEREAS, Rural Neighborhoods has been selected by the Board of Collier County Commissioners through a Development Agreement dated November 10, 2020, attached hereto as Exhibit "C". to construct rental apartments to meet a crisis in the affordability and availability of senior. veterans, and essential service personnel such as health care workers, educational staff and first responders that impacts the economic, commercial, and residential development of the community; and WHEREAS,Rural Neighborhoods is organized for charitable and lawful purposes not for pecuniary profit under Chapter 617, Florida Statutes, including. but not limited to, the lessoning the burdens of government through community redevelopment and the provision of housing; and WHEREAS. Rural Neighborhoods is Federally tax-exempt under Section 501(C)(3)of'the Internal Revenue Code and must not be operated for the benefit of private interests nor may the net earnings or the organization inure to the benefit ofany private shareholder or individual and WHEREAS, the Developer and County desire to exclude the Greenway identified within the Residential `i'ract located on the Master Concept Plan of PUD Ordinance No. 2022-13, from the property to be used by Developer and accordingly amend the legal description identified as Exhibit "A" to the Developer Agreement: and WHEREAS, the Developer and County additionally desire to amend the Unit Total and Types and Income and Rent 'target Goal as set forth in Exhibit "B" to the Developer Agreement; and WHEREAS, the Developer and County further desire to amend the construction time. NOW, THEREFORE. in consideration of mutual benefits and the public interest and other good and valuable consideration the Developer Agreement is amended as follows: 1. The legal description and sketch set forth as Exhibit "A" of the Developer Agreement is hereby replaced by Exhibit "A,"attached hereto. 2. Unit numbers, types and median income qualifications as set forth in Exhibit "I3" of the Developer Agreement is hereby amended as shown below. 3. Paragraph 3.4 of the Developer Agreement is deleted in its entirety and replaced with the following: Page I of6 is 1 1 A 1 8 3.4 Within 45 days of the Effective Date of the First Amendment to Developer Agreement, Developer agrees to provide a timeline of the anticipated schedule for each Phase of construction of the Project and will provide the County with any significant changes to such schedule. I f Developer is unable to secure a commitment of project funding for an initial Phase within six (6) months from the latter of the Effective Date of the Lease or the effective date of final approval of land use, as evidenced by PIED approval, the County may exercise its option to terminate this Agreement. Should Developer be unable to secure a commitment of project funding for the initial Phase within six (6) months, an additional six (6) months may be granted by the Board of County Commissioners at its sole discretion. Should Developer obtain a commitment towards the initial or any subsequent Phase and commence construction on that Phase within twelve (12) months following receipt of such financing commitment, Developer shall be granted an additional twelve (12) month period to obtain a financing commitment of project financing towards an additional Phase, and so on until complete build out of the Project. The above referenced deadlines may be extended at the discretion of the county Manager or designee. up to six (6) months, without the necessity of obtaining approval of the Board of County Commissioners. Remainder of Page Intentionally Left Blank Signature Page to Follow ° 11 A 1 1 8 IN WITNESS WHEREOF, Developer and County have hereto executed this FIRST AMENDMENT TO DEVELOPER AGREEMENT on the day and year first above written. AS TO THE DEVELOPER: Rural Neighborhoods, Incorporated. a Florida not-for-profit corp ration , m C k Witness (signaturc By: ir . ',tc ent clirl. (1$760 iC- (print name) Witness (signature) A . f.._,._.?E_b‘c, (print name) AS TO COUNTY: NITESS-: .-..... ..7;', BOARD OF COUNTY COMMISSIONERS. CRYSTAL K. KIN4-11. Clerk of Courts COLLIER COUNTY, FLORIDA — .. , .... a , • ,. .... .,, :. ,,,. ___ w ttbittpto Chairman, , I) ty C 7 ' Rick LoCastro, Chairman sigrrittwe'brily‘. ,*; Approve is t 4 and legality: 44 y i Jeffrey A. .. atz t,\V. minty Attorney 1 k‘t , Page 3 of 6 CP 1 A l 1 8 EXHIBIT A-Legal Description ............_................_ . .................... ____........._ _________ ... PROPERTY rItSCHIPTION vr .A..,i re,.so..1,...4., A' .',014...14."..,'WI It NA" .,At.'Al 115111. .. ',A r k.5 r,....1- 1., I••••^.••,• ,..I AO,.44A•'4 ",.1 ...:,k...lit A At 4.:41OrItk. el k.AI...X,9 P.t,k1 .+.71.•••40..G.•.•4 .0.0, .1 ....lynt,of,',Ix,;tr...e...ul.(ryjn. .,tA....A. .. (e. 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(- .. - . ... • 1 I • .• • • I.--..--)y.-..-----..- -- .• I f'. - ..- Li f 61-1-11111111111.6 iiillilild- ,...--- c.414P lAvf E4.11.E --.. , 4. SI a rm 1 Ev• n E., 1 4 : Li E4- : ..A1 l• 1 ,- .:I''. , ......_ -, - 9i, 0, .. w.T (I. 1 E, E .... sKeTcm AND Of F.C.Ronloti WTI!, ,.5* .-.... ....„ ig)(11‘ailV111101' 1./1.,ts1,1(11. A PARCEL 04 LAND ,7,.7.1.-- ..EINGIA1 " Chlangtnter. . Lasid:urk non .• Pli1212•22 . Land-Ave krEllItrtEt SCC,ION:., 4 0171 artraan . ....n 21447421021111 L.2I ASS a WI., born...1O1:116 TOWNSHIP 49 9OUTH.RANGE St EAST 1 li II., f2 1.1,4,..iVe lwalu Wotoji 7.24 WI.. ..••a....WA,.•••(/ r•If>4.. c.:*SiS ASIB COLLIER Cowin.FLORIO* 2 or a --.- - ,- s Pip:.4 of 6 ... ._.. . OP 1 1 A 118 EXHIBIT B Unit 'Totals and Types Minimum Number of Units 350 Maximum Number of Units (Overall) (Overall) 40037.. Target_Number of Senior Units 100 Target Number of Senior Units 1-04)-120 Target Number of'Essential `50 Target Number of Essential 304^.52— Services Units t Services Units -- Note: Five percent (5%) of Senior and Essential Services units.shall be targeted to persons considered to be veterans. Income;rid Rent Targeting(Goals) ----- Seniors Income Target Rent Percent Minimum II Maximum # Note: Developer mar elect AMI Level Set-Aside of Units_ of Units to use IRS§•I2 Income- ;028% _ 3028% i 10% 10 N/A 12 Averaging as a set-aside 60% 60% 90% 90 N/A 108 election in 4% or 9% Housing C.'reclit transactions. Its election enables income levels to he set-aside between (50%- SO,a irt1I, balanced by j units set-aside below 60%. Essential Services Income Target Rent Percent Set- Minimum # Maximum # Note: All units shall be AM I Level Aside of Units of Units rented with priority given 6050"/, 60% 50% 8-44-9% 20 22 24-22 to Essential Service 80% 80% _ .._ o 2 8 Aersnnnel employees. °i° �-5�-1 I /o Fi3- � 8 � +{1(°ra^__ 0 57% 142 f 7 f �_ OccupationalESP 12{)% 100% 04b-80% 0-200 0 202 Preferences Jere rice s inclucic: Tier I. Healthcare, Education and Emergency Services Tier 2: -Government Income Targeting Criteria Developer shall undertake best efforts to obtain project financing that enables Developer to construct residential rental units that meet the Income and Rent kicc me Targeting Goals shown in the charts above with particular emphasis on Target Rent Levels indicated in Column 2. Developer agrees to a maximum Debt Service Coverage ratio (DSC) of 1.25 DSC; DSC ratios in excess of 1.25 shall require Developer to reduce initial rents to a level that results in a debt service coverage ratio not greater than 1.25 DSC. The intent of this requirement is to reduce rents and bringing projected rents closer to the Income and Rent Targeting (-Goals4a+ot+ti-ts. Page 5 of 6 ` Pp G 11A t 1R Local government shall undertake best efforts to obtain Federal. state.and other housing resources, impact fee deferrals or alternate means of off-site improvements to enable Income and Rent Targeting Goals to be achieved. Developer shall also undertake best efforts to obtain additional grant and/or equity contributions from participating Foundations and others to enable Income and Rent Targeting Goals to he achieved. The parties agree to a mutual review of pro forma total development costs and income, and expenses projections prior to Developer accepting a Financial commitment from an outside lender and/or equity investor. The parties agree to the inclusion of the participating Foundations in the mutual review. The parties further agree that excess profits of the Development Est'^uk1 e any4 will he directed to a trust fund at the Foundation in-partnership wick+-copier County,dedicated solely to the development or preservation of affordable housing in Collier County as further defined in one or more MOUs between the Foundation. Collier County,and Rural Neighborhoods to be presented to the Board of County Commissioners prior to loan closing. Grant funclurov_ided by Collier County, FL, arc subject to Federal and state rules and regulations including, but not limited to, Program Income as applicable. .Y, Page 6oI 6 h Exhibit "C" 1A 118 DEVELOPER AGREEMENT . (GOLDEN GA'I'E GOLF COURSE HOUSING PROJECT) +.t" r THIS DEVELOPER AGREEMENT (the "Agreement") is made as of the `b day of t�dPr , 20'Eby and between Rural Neighborhoods, Incorporated ("Developer") and Collier County,a political subdivision of the State of Florida(the"County"). RECITALS WHEREAS, On December 10, 2019, the Board of County Commissioners approved issuing a solicitation for interest to develop an approximately 27-acre tract of land for affordable housing. The parcel is more commonly described as the Golden Gate Golf Course (Folio 36560040008). The legal description of such real property is attached hereto as Exhibit"A" (the "Property") WHEREAS, On December 13, 2019, Invitation to Negotiate (ITN) No. 20-7698 was opened on the Collier County Procurement Services Division Online Bidding System with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms, conditions and specifications of the ITN. WHEREAS, On January 28, 2020, Developer submitted a timely response to ITN No. 20-7698. The County received a total of 6 responses from interested developers. WHEREAS, On June 9, 2020, Developer was selected by the Board of Collier County Commissioners to enter negotiations for the development of the Property pursuant to solicitation ITN No.20-7698;and WHEREAS, the County intends to, pursuant to Florida Statutes, Section 125.379, to lease the Property to Developer(or its successor and assigns), pursuant to a 99-year ground lease (the "Ground Lease"), for development and use by Developer (defined below) to improve the Property, with such improvements to include, but not be limited to affordable residential rental units;and WHEREAS, Developer may intend to apply for additional financing from Florida Housing Finance Corporation ("FHFC") under FHFC's competitive Request for Application process or other public and private sources. WHEREAS, Developer and the County desire to memorialize the terms and conditions pursuant to which Developer will improve the Property, and the manner in which any related escrow account shall be established;and NOW, THEREFORE, in consideration of mutual benefits and the public interest and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: • 0 1 1 A 118 Section 1. Recitals. 1.1 The above recitals arc true and correct, are hereby incorporated herein by reference, and form a material part of this Agreement. All Exhibits and Developer's submission to ITN 20-7698 are hereby incorporated herein by reference and accordingly deemed a part of this Agreement. Section 2. Ownership. 2.1 Developer will form one or more single-purpose legal entities (the ".Project Owner") to serve as applicant entities which will seek phased development funding from FI IFC or other public and private sources to own the planned phased development. Section 3. Design and Construction;Timeline. 3.1 Developer plans to use the Property (i.e. the land allocated to this Project and described in Exhibit A herein) for constriction of affordable housing for Seniors Veterans and Essential Services Personnel.The development shall he composed of one or more buildings, with at least 350 units (the "Project") with on grade parking. The Developer may he entitled to develop additional units in accordance with applicable land use requirements not to exceed the number allowable under the PUD. Units shall include features such as solid surface countertops; plywood cabinets; ceramic and/or vinyl plank flooring; full-size Energy Star appliances including range, refrigerator microwave, and dishwasher; and LED lighting or equivalent. Community amenities will consist of a minimum of on-site management and maintenance; clubhouse or multipurpose community room; interview or exam room, swimming pool; fitness center; media/computer room; and outdoor tot lot. Developer agrees to cause the design, permitting, and construction of the Project to be completed at its sole cost and expense in accordance with those plans and specifications approved by the County. 3.2 Developer agrees that any improvements on the Property will only include the Project and not any commercial development or outdoor storage. 3.3 Developer may cause the Project to be constructed in phases. Upon approval of the plans, specifications, and permits by the authorities having jurisdiction over the Project (the "Governmental Authorities") and approval of financing by others, the Project Owner shall promptly construct the Project. In so doing, the Project Owner shall: (a) comply with the permits and all other applicable laws, approvals, codes and requirements of orders promulgated by all Governmental Authorities (the"Approvals"), (b) perform all work in a safe and workmanlike manner, and(c) ensure construction commences and is substantially complete in accordance with the Approvals. 3.4 Developer agrees to provide a timeline of the anticipated schedule for construction of the Project and will provide the County with any significant changes to such schedule. If the Developer is unable to secure a commitment of project funding for an initial phase within 12 months from the effective date of final approval of' land use as evidenced by PUD approval the County may exercise its option terminate this agreement. Should the Developer be unable to secure a commitment of project funding within 12 months,an additional 2 PO O 1 1 A 118 12 months may be granted by the Board of County Commissioners at its sole discretion. Should Developer obtain a commitment towards the initial or any subsequent phase and commence construction on that phase within twelve (J2) months, Developer shall be granted an additional twelve (12) month period to obtain a commitment of project financing towards and additional phase and so on until build out of the Development. The above referenced deadlines may be extended at the discretion of the County Manager or designee up to six months. Section 4. Rent and Income Restrictions. 4.1 Developer commits to restrict all units in the development in accordance with attached Exhibit B, "Unit Income and Rent Breakdown". Exhibit B,"Unit Income and Rent Breakdown" may be amended by up to 10% by the County Manager or designee; amendments greater than 10%shall require approval by the Board of County Commissioners. Section 5. Environmental Provisions. 5.1 Developer has inspected the Property, is familiar with the condition of the Property, including the underlying environmental conditions, and based on the foregoing, and subject to receipt, review and acceptance of all County reports below agrees to accept such Property "as is" and with all faults, and assumes all risks associated with pursuing the Project in accordance with this Agreement and all applicable law. In inducing the Developer to accept Property "as is", the County shall provide to the Developer all environmental, engineering, feasibility and other reports in its possession or ordered necessary for determination that the Project can be constructed at the Property. Developer will have thirty (30) days from the Effective Date of approval of the property's Intent to Convert to accept or decline to proceed.By mutual agreement, Developer and County may extend this period for an additional thirty (30) days to allow Developer to have its own inspections performed. In case of an issue arising from any report or condition, Developer and County agree to attempt to negotiate a resolution for not less than thirty (30)additional days prior to termination of the agreement. 5.2 Developer shall not(a) knowingly cause or permit the escape, disposal or release of any hazardous substances on the Property, or(b)knowingly allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials on the Property, or (c) knowingly allow any such materials or substances to be brought onto the Property except to use in the ordinary course of Developer's business or by lessees of the residential units. Section C. Utility Costs and Related Improvements. 6.1 The County will not be required to make improvements or incur any costs in connection with the development and maintenance of the residential Project, including roads, sidewalks,landscaping, storm water facilities, etc. All costs associated with any connectivity or upgraded service for water, sewer or other utilities for the benefit of the project, including any traffic signals, and the installation and costs of those improvements, if and when required, shall be at the sole cost and expense of Developer. • 0 1 1 A I 1 B 6.2 The County acknowledges the ITN noted financial support such as impact fees and grants may be available to the selected developer through separate local government action and represents in good faith its willingness to assist Developer in identifying any such financial assistance available. Section 7. Performance of Development. 7.1 The Project will be constructed in a good and workmanlike manner and in compliance with all applicable laws, at Developer's sole cost and expense. The Project Owner shall be responsible for obtaining all governmental permits, licenses and approvals necessary for the construction of the Project. Developer shall be responsible for all applicable impact, building, and utility connection fees imposed by any governmental authority, except for the governmental authority's ability to defer such fees, with respect to the Project and Developer's use thereof. Without limiting the foregoing, during any periods of construction, maintenance or repair of the Project,Developer will monitor all construction, maintenance and repair activity on the Property to ensure compliance with the requirements contained herein. Section S. Performance Bond. 8.1 Developer shall cause its general contractor to furnish a payment and performance bond in form and substance satisfactory to the County in amount equal to one hundred percent (100%) of the construction costs for each phase of the Project as certified by Developer's engineer of record or general contractor,which shall be issued by a surety having a credit rating of"A"or higher. Section 9. Early Termination and Ground Lease Requirements 9.1 The Developer shall deliver to the County the construction timeline provided to the construction and permanent lenders, investor and/or the tax credit equity partner, if any. Each month the Developer shall provide a construction progress certificate and if the construction schedule is 6 months or more behind the construction timeline, the County may replace the Developer with another developer with the necessary experience to complete the Project, provided; however, before replacing the Developer, the County shall have the concurrence of the construction and permanent lender, investor and/or tax credit equity partner. In addition, the County shall provide the construction and permanent lender, investor and/or tax credit equity partner a reasonable period of time to cure identified Project delays before commencing such action. 9.2 Developer and County acknowledge a ground lease shall be used to convey the Property and that the form of such conveyance must be financeable, e.g. tenant shall be able to utilize the ground lease as collateral in the normal course of business. Any ground lease shall provide that if a lender or investor were to foreclose because of tenant's default, the lender or investor shall be able to succeed the tenant's rights under the lease. Similarly, such ground lease shall require the County to file appropriate notice of any tenant defaults and provide ample opportunity for the lender or investor to cure these defaults before termination of the ground 4 0 1 1 A 118 lease. The County shall have an obligation to enter into a new lease with the lender or investor on the same terms and conditions as the original ground lease if the ground lease is terminated upon tenant's default or in the event of the rejection of the ground lease in bankruptcy. Section 10. Assignment. 10.1 County acknowledges that sources of public or private financing including, but not limited to,Florida Housing Finance Corporation may require the Developer to form one or more single purpose entities ("SPE") to seek and secure funding. Developer may assign this Developer Agreement without the prior written consent of the County to the SPE whose majority member or partner shall be an affiliate of Developer. Affiliate is herein defined as a single purpose legal entity controlled, through membership or general partnership interest, by Developer. Developer must provide written notice to County of any assignment to an Affiliate within thirty(30)days of such conveyance.Any purported assignment to a non-Affiliate without the express written consent of County shall be considered void from its inception. It is hereby acknowledged and agreed between the parties that all covenants, conditions, agreements, and undertakings contained in this Agreement shall extend to and be binding upon the respective assigns of the respective parties hereto, The Developer may also assign a portion of the Property to an affiliate without prior written consent of the County in order to facilitate phased development.Definition of affiliate shall be in accordance with this paragraph. Section 11. Public Records. I1.1 Developer understands that by virtue of this Agreement all of its documents,records and materials of any kind,relating to the relationship created hereby, shall be open to the public for inspection in accordance with Florida law. If Developer will acton behalf of the County, as provided under section 119.011(2), Florida Statutes, Developer, subject to the terms of section 287.058(1)(e), Florida Statutes, and any other applicable legal and equitable remedies,shall: 11.2 (A) Keep and maintain public records required by the County to perform the service. (13) 'Upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Florida law. (C) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Developer does not transfer the records to the County. (1)) IF DEVELOPER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO DEVELOPER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING 5 0,9 11A TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Collier County Hoard of County Commissioners Communication and Customer Relations Division 3299 TanriamI Trail East Suite 102 Naples,FL 34112 (239)252-8069 PublicRceordRcqucst@,col I icrcounty fl.gov Section 12. Miscellaneous. (A) Entire Agreement. This Agreement sets forth all of the promises, covenants, agreements, conditions and understandings between the parties hereto, and supersedes all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied,oral or written,except as herein contained. (B) Pronouns. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine and neuter, singular or plural, as the identity of the party or parties,personal representatives,successors or assigns may require. (C) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall he deemed an original, but all of which shall together constitute one-in-the-same instrument. (D) Governing Law; Venue, This Agreement shall be construed and interpreted according to the laws of the State of Florida, and all duly adopted ordinances, regulations,and policies of the County now in effect and those hereinafter adopted.The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Agreement,or any breach hereof,shall be Collier County,Florida. (F) Binding Effect.This Agreement shall be binding upon and enforceable by and against the parties hereto and their beneficiaries, heirs, successors and assigns and shall be deemed to "run with the land." This Agreement shall also inure to the benefit of both parties hereto and their respective beneficiaries,heirs,successors and assigns. (F) Recordation,.This Agreement may be recorded by Developer in the Public Records of Collier County, Florida, and successors, heirs and assigns of Developer, including but not limited to builders or developers, shall be bound by the terms of this Agreement, and shall likewise be entitled to its benefits. (U) Notice. Any notice to be given shall be in writing and shall be sent by certified mail,return receipt requested, to the party being noticed at the following addresses: 6 S4 PO O 1 1 A 11• { If to the County: Collier County Procurement 3295 Tainiami Trail East Naples,Florida 34112 1ri and: Collier County Community and Human Services 3339 Tamiami Trail East#21 l Naples,Florida 34112 Attention:Director with a copy to: County Attorney's Office Collier County 3299 Tamiami Trail East, Suite 800 Naples,Florida 34112 Attention:The County Attorney if to Developer: _au CAA (1)ci tibot hood, 1n.+c. . ;o Bois 3 3S.1.9 _.f"l.o';dp- CH-9 „ 3 3 ce3�l Attention:__S vrn ie;rLc with a copy to: Sl,v-f 4 s /51, 2aP S fi;FcgyNe, L�/ad,'� 4lOp rMio.n; Ft_ $3i3 ' Attention: IC26e..- t � (II) Cooperation. The County and Developer each covenant and agree to mutually cooperate with one another in good faith, and to execute and deliver such other or additional documents and instruments as may be reasonably requested in order to effectuate the agreements set forth herein. (I) Effective Date. This Agreement shall become effective upon the date the last of the parties to this Agreement executes this Agreement(the"Effective Date"), (J) Conflicts. If and to the extent there is a conflict between the terms and conditions of this Annexation agreement and the terms and conditions of any staff reports or summaries or letters of approval related to or pertaining to Developer Property, the terms and conditions of this Agreement shall control. Section 12. Alternate Dispute Resolution • 12.1 In case of a dispute concerning this Agreement or the Development, the parties agree to attempt in good faith to resolve the dispute amicably prior to commencing litigation.If a dispute cannot be resolved in 30 business days, the parties will commence 7 0 1 1 A 18 informal or formal mediation with a neutral person agreed upon by the parties who is familiar with the subject matter of the dispute. If they cannot agree upon such a person within 15 business days thereafter, they will request the Chief Judge (or designee) to appoint u qualified Mediator. Mediation will commence within 10 business days after agreement or appointment of the Mediator and be completed with 30 days thereafter. The parties may expand the deadlines upon mutual agreement.The parties will share equally the cost of the Mediator. [Signature Pages Follow[ 41 8 P0 1 1 A 1 1B IN WITNESS WIIEREOF, the parties have executed this Agreement as of the day and year below their respective signatures. Signed, sealed and delivered �l� / /4414 47/(9/APAe'' In the presence of: • L '' Name: , �!<�• --- - Date: i/ 2 Printed Name Printed Name STATE OF FLORIDA COUNTY OF /07-diA= The for going instrum nt was acknowledged before me 1 , means of physical presey}yye thi; day of , ,,, 2 by k.'6' 0,a,/ I as the of .;1�'-� r� !I� .1`�fo?/�e/er ` who is r personally known to me or who produced as identification.(Notary stain`/sal)- - - �— _ , otary Public q q My Commission Number: a. .�..'7 4�- frNotifyhlrida9My Commission expires: 3/ t`• or r My Comm,Expires Mar 21,202 2 I ...._Bonded thr oath National Notary Assn, ' QO 1 1 A 1 18 Signed, scaled and delivered Collier County,a political subdivision In the presence of: of die State.of Florida By: Name: L3 u r -} S rtrl i' S' Date: It I ► 0 poa 0 Printed Name Printed Name ll J).S JQodC STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged bcforeyio-byincans of physical presence this_ day of 20 , by ( ) as tl[-ff Collier County, a political subdivision of the State of Florida, who is ersonally known to me or who produced s s identification. 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Si fs 4 ;G Ili til Ill t N ') d CD 4�y 3 Q Q CC 0 - JJ ,-,IL Yip• ~z0- I— h DILU m Q I ry vi j .. Y �� v Z .�wcaF1 0 . 0 Xp0 `i0 2 i 0 2�'__I o is 7 Cl-m .m -u d co h O 2�--;, ..�c- w co a OtO c a I—5 v D ,-zW:a 11 1 JAOki) g— ,, 1 1 A 11e EXHIBIT B Unit Totals and Types Minimum Number of Units —I— Maximum Number of Units 350 _______ (Overall) (Overall) 400 Target Number of Senior Units 100 � — — --- larget Number of Senior Units 100 Target Number of Essential --' 250 "arget Number of Essential Services Units Services Units 300 Note:Five percent(5%)of Senior and Essential Services units shall be targeted to persons considered to be veterans. Income and Rent Targeting Goat .---_-.----_.... Seniors Income AMI Target Rent Percent Minimum ft Maximum ft Nolo:Developer may elect to we IRS Level Set-Aside of Units of Units 441Inc0me-nveraympasaser-aside 1096"— election In A%or.9k Iiouslno Credit 30% 30% 10 _ N/A tronsocfrons. its election enables 60% 60% 90% 90 N/A income levels to be set-aside between 60%-90%AMI,holnnred by units set•oslde below ON Essential Services Income AMI Target(tent Percent Set Minimum ff Maximum it Nate; An units shall be rented with Priority given to Essential Service Level Aside of Units of Units 60% Personnel employees. _ 60% 8/0 20 24 80% 80% 25% 63 75 ESP Occupation Preferences Include: 120% 100% 171 'Per 1-l?eolthcnre,Education, 0% 0 0 Emergency Servkes 140% 100% 10% 25 30 Tier 1•Government Income Targeting Criteria Developer shall undertake best efforts to obtain project financing that enables Developer to construct residential rental units that meet the Income and Rent Income Targeting Goal shown fn the charts above with particular emphasis on Target Rent Levels indicated In Column 2. Developer agrees to a maximum debt service coverage ratio of 1,25(DSC).DSC ratios In excess of 1,25 shall require Developer to reduce Initial rents to a level that results In a debt service coverage ratio not greater than 1.25 DSC. The intent of this requirement Is to reduce rents bringing projected rents closer to the Income and Rent Targeting (Goal)amounts. Local government shall undertake best efforts to obtain Federal, state and other housing resources, Impact fee deferrals or alternate means of off-site Improvements to enable Income and Rent Targeting Goals to be achieved. Developer shall also undertake best efforts to obtain additional grant and/or equity contributions from participating Foundations and others to enable Income and Rent Targeting Goals to be achieved. The parties agree to a mutual review of pro forma total development costs and Income and expense projections prior to Developer accepting a financial commitment from an outside lender and/or equity investor, The parties agree to the Inclusion of participating Foundations In the mutual review. The parties further agree that excess profits of the Development(should there be any)will be directed to a trust fund at the Foundation In partnership with Collier County,dedicated solely to the development or preservation of affordable housing in Collier County. OD ,....„ PO O 1 1 A Prepared by and return to: Morry Osborn Nelson, Mullins, Riley & Scarborough, LLP 390 N. Orange Ave. Orlando, Florida 32801 TERMINATION OF GROUND LEASE This TERMINATION OF GROUND LEASE ("Termination"), is entered into this o2G day of 'YYI , 2024 ("Effective Date"), by and between Rural Neighborhoods, Incorporated, a Florida not-for-profit corporation ("Developer or Rural Neighborhoods") and Collier County, a political subdivision of the State of Florida ("County"). Developer and County are collectively referred to herein as the "Parties" and each, individually, as a "Party". WITNESSETH: WHEREAS, the Parties entered into a Ground Lease dated April 23, 2023 (the "Ground Lease"), as evidenced by that certain Collier County Standard Form Long- Term Ground Lease attached hereto as Exhibit "A"; and WHEREAS, the Developer and County desire to terminate the Ground Lease and on even date herewith enter into a Phase 1 Essential Services long-term ground lease and a Phase 2 Seniors long-term ground lease to assist with the phased development of the project by Developer's single-purpose legal entities. NOW THEREFORE, in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: The Parties hereby terminate the Ground Lease. [Signatures on Following Page] 1 1 A IN WITNESS WHEREOF, Developer and County have hereto executed this TERMINATION OF GROUND LEASE on the day and year first above written. AS TO THE DEVELOPER: Rural Neighborhoods, Incorporated, a Florida not-for-profit corporation 4-4-(/ i7:(4, .j rtness (signature) By: j Ste en Kirk\ President c 4 f o' &.S ` I (print name) Liii LAVAA-\--)kg Witness(signature) rG\z.tO 4 1J Ida\es (print name) AS TO COUNTY: ATTEST: .• . t`., BOARD OF COUNTY COMMISSIONERS, • CRYSTAL K.KINZEL, Clerk COLLIER CO2a1lCA1AN TY,FLORIDA Ot ` By: A est as to hairman$.;DEp TY, CH , itx.: si;nature,only.;.:,4 Approve( .• to form and lega i : S. Iy A A• istan -. Attorney 12J )Z 7 1 1 A EXHIBIT "A" TO TERMINATION OF GROUND LEASE COLLIER COUNTY STANDARD FORM LONG-TERM GROUND LEASE This Long-Term Ground Lease ("Ground Lease") is entered into this o/5 day of Cl , 2023 (the "Effective Date"), by and between Rural Neighborhoods, Incorporated, a Florida not-for-profit corporation ("Lessee or Developer") and Collier County, a political subdivision of the State of Florida("Lessor or County")(collectively, Lessor and Lessee are"Parties"). RECITALS: WHEREAS, the Lessor is the owner of certain real property that is more commonly described as the Golden Gate Golf Course as Parcel Number 36560040008 by the Collier County Property Appraiser located in the Collier County, Florida 34104("Premises"); and WHEREAS, on December 13, 2019, the Board of Collier County Commissioners ("Board") issued Invitation to Negotiate (ITN) #20-7698 "Housing and Land Development Component at the Former Golden Gate Golf Course"("Solicitation"); and WHEREAS, on June 9, 2020, Developer was selected by the Board to enter into negotiations for development of a portion of Premises pursuant to the Solicitation; and WHEREAS, Rural Neighborhoods is organized for charitable and lawful purposes not for pecuniary profit under Chapter 617, Florida Statutes, including, but not limited to, the lessoning the burdens of government through community redevelopment and the provision of housing; and WHEREAS,Rural Neighborhoods is Federally tax-exempt under Section 501(C)(3)of the Internal Revenue Code and must not be operated for the benefit of private interests nor may the net earnings or the organization inure to the benefit of any private shareholder or individual; and WHEREAS, on November 10, 2020, the Board entered in Developer Agreement with Developer which memorialized the terms and conditions for development of a portion of the Premises under a 99-year lease to construct rental apartments to meet a crisis in the affordability and availability of senior, veterans, and essential service personnel such as health care workers, educational staff and first responders that impacts the economic, commercial, and residential development of the community; and WHEREAS, on the same date as the Effective Date herein, the Board amended the Developer Agreement to update the unit totals and types set forth in Exhibit B; and WHEREAS, it is the Board's finding that it is in the public interest to implement the Developer Agreement with terms and conditions set forth below and at the conclusion of said lease the land and improvements shall revert to Collier County. WiTNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the Parties, and in consideration of the covenants GAO 1 1 A contained herein, the Parties hereby enter into this Ground Lease on the following terms and conditions: 1. Conveyance. On the terms and conditions set forth in this Ground Lease, and in consideration of Lessee's performance under this Ground Lease, the Lessor conveys to the Lessee the present possessory interest in the land described below. 2. Description of Leased Land. The land being leased to Lessee pursuant to this Ground Lease, with a legal description set forth in Exhibit A, hereinafter referred to as "Leased Land," is a portion of the Premises. 3. Conditions to Conveyance. Lessee warrants and represents to Lessor that it has examined the title and boundaries of the Leased Land. Accordingly, this conveyance is subject to all of the following: (a) Any and all conditions, restrictions, encumbrances and limitations now recorded against the Leased Land; (b) Any and all existing zoning laws or ordinances; and (c) Lessee's satisfactory performance of all terms and conditions of this Ground Lease. 4. Use of Leased Land. The purpose of this Ground Lease is for Lessee to provide affordable housing which use the Board of County Commissioners has found to be in the public's interest. Accordingly, Lessee, together with all successors and assigns (including but not limited to a Leasehold Mortgagee, or its nominee or designee), shall utilize the Leased Land in strict accordance with the Lessee's Response to Invitation to Negotiation 20-7698, and Developer Agreement, as amended and as summarized in Exhibit B (i.e., to build one or more buildings with a total of at least 350 residential dwelling units with on grade parking,together with ancillary uses and/or amenities incident thereto (the "Project") to be solely utilized for the uses described in Exhibit B), subject to Sections 5 and 16 hereof. In the event Lessee shall cease to use the Leased Land after completion of the Project for the purposes described in Exhibit B, and such cessation of use shall continue for a period of twelve (12) consecutive months, this Ground Lease, at the option of the Lessor,shall be terminated and Lessee shall surrender and vacate the Leased Land to the Lessor within thirty (30) days after notice of such termination, unless Lessee shall re- commence operations within such thirty (30) day period. Notwithstanding the foregoing, said thirty (30) day period shall be tolled if such cessation is caused by events beyond the control of the Lessee such as Force Majeure (as hereinafter defined), casualty or if such cessation is due to temporary closing for reconstruction or repairs to the Project, or any portion thereof. 5. Phased Development. The Project may be constructed in phases (each, a "Phase" and collectively,the"Phases"). Consistent with Section 16 of this Ground Lease,Lessee,with the prior written notice to the Lessor, may delegate its authority to develop one or more of the Phases of the Project by sublease, partial assignment, assignment, or joint venture as approved by the Board of County Commissioners. Such delegation shall not relieve Lessee of its obligation under this Ground Lease. As used in this Ground Lease, the term "Developer" shall refer to Lessee or any assignee, successor, sublessee, co-developer or joint venture of Lessee, involved in the CAC 1 1 A development of the Project or any portion thereof Upon approval of the plans, specifications,and permits by the authorities having jurisdiction over the Project (the "Governmental Authorities") and approval of financing by lenders and/or investors,as applicable, the Developer shall promptly construct the Project. In so doing, the Developer shall: (a) comply with the permits and all other applicable laws, approvals, codes and requirements of orders promulgated by all Governmental Authorities (the "Approvals"), (b) perform all work in a safe and workmanlike manner, and (c) ensure construction commences and is substantially complete in accordance with the Approvals. 6. Developer's Obligation to Build and Modifications to Project. Developer shall design,permit and construct in compliance with all applicable governmental regulations,at its sole cost and expense, the Project. The plans, specifications and building design for the Developer's improvements to be constructed on the Leased Land are subject to reasonable approval by Lessor. Prior to applying for any building permit for improvements to the Leased Land, Developer shall submit to Lessor for its approval such plans and specifications necessary to obtain a building permit for Developer's intended improvements. Lessor shall have thirty (30)days after receipt of any submittal by Developer to review Developer's submittals and provide a written response as to whether the submittal is approved as submitted, not approved as submitted (which disapproval shall specify the reasons therefor),or Lessor may provide Developer with requested changes. Any plans and specifications presented to Lessor for approval for the Project or any Phase thereof shall be deemed approved if not disapproved in writing by Lessor within such thirty (30) day period. If the submittal is not approved or if Lessor requests changes, Developer shall submit revised plans that will meet with Lessor's reasonable approval or incorporate the requested changes into the plans. If Developer determines not to revise its plans for any Phase of the Project in accordance with this Section, then Developer may terminate its sublease or sub-sublease or reassign its lease to Lessee. Developer may make nonmaterial changes to the approved plans from time to time to accommodate site issues or operating changes to Developer's use of the Leased Land. Material changes from the approved plans will require Lessor's written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Lessor will provide Developer with requisite authorization to apply for permits once plans are determined to be acceptable by Lessor. All plans shall be in conformity with Collier County standards. Within 45 days of the Effective Date, Developer agrees to provide a timeline of the anticipated schedule for each Phase of construction of the Project and will provide the Lessor with any significant changes to such schedule. If Developer is unable to secure a commitment of project funding for an initial Phase within 6 months from the latter of the Effective Date of the Lease or the effective date of final approval of land use as evidenced by PUD approval the Lessor may exercise its option to terminate this Ground Lease. Should Developer be unable to secure a commitment of project funding for the initial Phase within 6 months, an additional 6 months may be granted by the Board of County Commissioners at its sole discretion. Should Developer obtain a commitment towards the initial or any subsequent Phase and commence construction on that Phase within twelve(12)months following receipt of such financing commitment,Developer shall be granted an additional twelve (12) month period to obtain a financing commitment of project financing towards an additional Phase and so on until complete build out of the Project.The above referenced deadlines may be extended at the discretion of the County Manager or designee up to six months, without the necessity of obtaining approval of the Board of County Commissioners. At 1 1 A Upon commencement of construction of each Phase, Developer shall diligently pursue said construction of such Phase to completion and complete said construction on or before thirty (30) months from commencement of construction, subject to delays beyond the control of the Developer, including Force Majeure. Developer shall be solely responsible for the costs of repairing any damage (other than ordinary wear and tear) to Lessor's water and sewer facilities or other infrastructure located within the Leased Land resulting from construction or use by such Developer,its agents, officers or employees. Prior to commencement of construction of any Phase of the Project, Developer must demonstrate to Lessor that it has sufficient funds or commitments therefor necessary to complete such Phase of the Project,and Developer shall,prior to construction commencement of each Phase, cause its general contractor to post a payment and performance bond or like security in form and substance satisfactory to the County in amount equal to one hundred percent (100%) of the construction costs for such Phase of the Project as certified by Developer's engineer of record or general contractor, which shall be issued by a surety having a credit rating of"A"or higher. Any entitlements, permits, and/or easements that are necessary to construct and use the Project as set forth in Exhibit"B" shall be pursued by Developer. Lessor will join in or otherwise authorize Developer to pursue such applications. Developer shall pursue such applications with reasonable diligence and in a timely and commercially reasonable manner consistent with the prevailing standard of practice applicable to handling and processing land use matters in Collier County, Florida. In return, Lessor agrees to use is best efforts to cause the Collier County Growth Management Division and/or Board of County Commissioners to: (1)designate the application(s) submitted by Developer as"Fast Track Process"and (ii)cause the applications for amendments to the GMP and LDC to be processed concurrently with Developer's application to rezone the property. 7. Term of Ground Lease. The term of this Ground Lease shall commence upon its execution (the "Effective Date") and, unless terminated earlier by the Parties in accordance with the terms hereof, shall terminate on the ninety-ninth (99`1') year anniversary from the Effective Date ("Term"). There is no option to renew. If Lessee holds over after the expiration of the lease Term,such tenancy shall be from month to month under all of the terms,covenants and conditions of this Ground Lease subject, however, to Lessor's right to seek legal relief to eject Lessee from the Leased Land as a holdover. 8. Rent.The Lessee agrees to pay the Lessor the sum of$10.00 per annum,in advance, for each year of the Term,which may,at Lessee's option, be prepaid at any time for the remainder of the Term. 9. Net Lease. This is a fully net lease, with Lessee responsible for all its costs, fees and charges concerning the Leased Land. Accordingly, Lessee shall promptly pay when due and prior to any delinquency all such costs, fees, taxes, permit, trash removal services, assessments, utility charges, impact fees and obligations of any kind that relate to the Leased Land. Lessee will indemnify and hold Lessor harmless from any and all actual claims, costs and obligations arising from Lessee's use of the Leased Land other than attributable to Lessor. In case any action or proceeding is brought against Lessor by reason of Lessee's use of the Leased Land, Lessee shall pay all costs, reasonable attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if Lessor shall so request other than attributable to Lessor, at 1 1 A Lessee's expense, by counsel reasonably satisfactory to Lessor. It is specifically agreed however, that Lessor may at its own cost and expense participate in the legal defense of such claim, with legal counsel of its choosing. 10. Liens and Mortgages. a) With the exception of land use restrictions required for grant funding and impact fee waiver, Lessor shall not in any way encumber or lien the Leased Land and shall promptly remove any and all encumbrance or liens it placed against the Leased Land of its doing. With exception of the aforementioned land use restrictions,all persons are put upon notice that the interest of the Lessee in the Leased Land shall not be subject to liens or encumbrance made by the Lessor. b) Lessor acknowledges and agrees that it will not be possible for Developer to construct the Project without obtaining a loan or loans from one or more lenders secured by mortgage(s)on Lessee's or Developer's leasehold interest in the Leased Land (each,a"Leasehold Mortgagee")and/or equity investments from one or more Equity Investors(as hereinafter defined). Therefore, Lessor hereby covenants and agrees that its interest in this Ground Lease, and to the extent not prohibited under the law its fee simple interest in the Leased Land("Fee Estate"), is and shall be subject to, subordinate and inferior to any loan obtained by the Developer for the purpose of financing the development and/or operation of the Project, and to the lien of Leasehold Mortgagee ("Leasehold Mortgage"), assignments of rents and leases, security agreements, and other collateral, security documents or instruments required by any Leasehold Mortgagee, and to all renewals, extensions, modifications, consolidations, replacements and refinancing and to all advances made or hereafter to be made upon the security of the Leasehold Mortgage, assignments of rents and leases, security agreements, and other collateral, security documents or instruments. Lessor shall,at Developer's request,join,execute and/or deliver any and all Leasehold Mortgages, assignments of rents and leases, security agreements, and other collateral, security documents or instruments as may be required by such lender or lenders in order to subject and subordinate the Lessor's interest in this Ground Lease(and if prohibited under the law its Fee Estate)in the Leased Land to the lien of such documents or instruments, and upon Developer's request shall join, execute and/or deliver any and all such further instruments or assurances as any such lender or lenders may reasonably deem necessary to evidence or confirm the subordination of this Ground Lease or, to the extent not prohibited under the law, allowed the encumbrance of the Lessor's interest herein and the Lessor's ownership interest in the Fee Estate and the Leased Land to the lien of any such Leasehold Mortgage, assignments of rents and leases, security agreements, and other collateral, security documents or instruments. Provided, however, and notwithstanding anything contained herein to the contrary, Lessor shall not be required to suffer, incur, accept or assume any personal liability for any such financing, loans or indebtedness, or any costs or expenses thereof, or any other indebtedness or liability of Developer thereunder, and any Leasehold Mortgage, assignments of rents and leases, security agreements, and other collateral, security documents or instruments of any nature whatsoever which the Lessor may be called upon to join, execute and/or deliver under and pursuant to this section shall expressly exculpate Lessor from and against any and all such personal liability. Lessee may, without Lessor's consent, assign or mortgage this Ground Lease (including any options it contains) to any Leasehold Mortgagee under a Leasehold Mortgage. A Leasehold Mortgagee (and anyone whose title derives from a Leasehold Mortgagee) may, without Lessor's consent, hold a foreclosure sale or exercise the 1 1 A power of sale, take title to this Ground Lease, and transfer or assign this Ground Lease, either in its own name or through a nominee. c) Lien and Encumbrance. Developer may encumber or lien this Ground Lease, and to the extent not prohibited under the law the Fee Estate, with any encumbrance, inchoate lien for taxes or municipal obligations, utility and access easements, affordability covenants, restrictions required by Section 42 of the hrternal Revenue Code of 1986, as amended, other encumbrances incurred in the ordinary course of business of Developer, and other matters set forth in policy for title insurance insuring Developer's interest in this Ground Lease. Lessor shall to the extent not prohibit by law, at Developer's request, permit the Fee Estate to be encumbered by affordability covenants, and upon Lessee's request shall join, execute and/or deliver any and all such further instruments or assurances reasonably deem necessary to evidence or confirm the encumbrance on the Fee Estate. d) Rights of Leasehold Mortgagee. Upon foreclosure or assignment in lieu of foreclosure of the Leasehold Estate, pursuant to the terms of the applicable Leasehold Mortgage, the most senior Leasehold Mortgagee shall have the right to acquire this Ground Lease in its own name or the name of a nominee without consent or approval of Lessor. In the event that Lessee's interest hereunder is acquired by a Leasehold Mortgagee, or its nominee or designee, then such Leasehold Mortgagee, or its nominee or designee, shall also have the right to further assign or sublet the Leasehold Estate hereunder to a third party without the consent or approval of'Lessor. c) Non-Merger. This Ground Lease shall not terminate as to the Leasehold Mortgage because of any conveyance of leasehold interest in this Ground Lease to Lessor or of the Lessor's interest hereunder to the Lessee.Accordingly, if this Ground Lease and the Fee Estate in the Leased Land are commonly held, then they shall remain separate and distinct estates. They shall not merge without consent by all Leasehold Mortgagees. 11. Lessee's Obligation to Maintain Leased Land and Comply with All Lawful Requirements. Lessee,throughout the Term of this Ground Lease,at its own cost,and without any expense to the Lessor, shall keep and maintain the Leased Land in good, sanitary and neat order, condition and repair, and shall abide with all applicable lawful requirements. If the Leased Land is not in such compliance in the reasonable opinion of Lessor, Lessee will be so advised in writing. If corrective action is not begun within thirty (30) days of the receipt of such notice Lessee shall be subject to applicable fines or penalties available under Collier County law. 12. Quiet Enjoyment. Lessee shall be entitled to quiet enjoyment so long as Lessee is not in default under Section 19 hereunder,on any of the terms of this Ground Lease. Accordingly, Lessee shall have the exclusive right to use the Leased Land during the Term. During the Term, Lessee may, in its sole discretion,construct, improve,alter, maintain,or renovate the Project. Any such work may be undertaken by Lessee at any time or times during the Term hereof and no consent or approval of Lessor shall be required unless such work consists of major alterations from plans and specifications originally approved by Lessor as more fully provided for herein. Lessor agrees to co-operate with Lessee in connection with the construction and agrees to execute any documents required by governmental authorities and any lender or investor evidencing Lessee's rights hereunder and consenting to such work. During the Term of this Ground Lease, Lessee may 0 1 1 A erect appropriate signage on the Leased Land and the improvements constructed by Lessee thereon. Any such signage shall be in compliance with all applicable codes and ordinances. 13. Casualty and Condemnation. (a) Casualty. If any Phase of the Project is destroyed, or damaged to any extent by fire or other casualty,and Lessee shall apply any insurance proceeds("Proceeds") to rebuild or restore the Leased Land to substantially its condition prior to such casualty event,unless the Lessee provides the Lessor with a written determination that rebuilding or restoring the Leased Land to such a condition with Proceeds within a reasonable period of time is impracticable or would not be in the best interests of the Lessee. If the Lessee elects not to repair or replace the improvements, then Lessee or Lessor may terminate this Ground Lease as to the Phase or Phases affected by the casualty by providing notice to the other party within ninety(90)days after the occurrence of such casualty. The termination will be effective on the ninetieth (90th) day after Lessee makes such election, unless extended by mutual written agreement of the Parties. During the period between the date of such casualty and the date of termination, Lessee will cease its operations as may be necessary or appropriate. If this Ground Lease is not terminated as set forth herein,or if the Leased Land is damaged to a less than material extent, as reasonably determined by Lessee, Lessee will proceed with reasonable diligence,at no cost or expense to Lessor,to rebuild and repair the Leased Land to substantially the condition as existed prior to the casualty. The Proceeds shall be paid to Lessee, or as otherwise directed by Leasehold Mortgagee. (b) Condemnation. Lessee may terminate this Ground Lease as part of a condemnation Project, and Developer may terminate its sublease or sub-sublease as part of a condemnation of its respective Phase of the Project. 14. Access to Leased Land. Lessor, its duly authorized agents, contractors, representatives and employees, shall have the right after forty-eight (48) hour written notice to Lessee, to enter into and upon the Leased Land during normal business hours, or such other times with the consent of Lessee, to inspect the Leased Land, verify compliance with the terms of this Ground Lease, or make any required repairs not being timely completed by Lessee, provided, if Lessor wishes to access/enter any residential unit, it must do so in compliance with the applicable residential lease. 15. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within thirty(30)days after termination of the lease Term,Lessee shall redeliver possession of the Project to Lessor in good condition and repair subject to normal wear and tear. Lessee shall have the right at any time during Lessee's occupancy of the Leased Land to remove any of its personal property,equipment,and signs provided,however,at the termination of this Ground Lease,Lessor shall have the option to demolish and remove all improvements made by Lessee to the Leased Land upon Lessee's vacation thereof, or to retain said improvements with fixtures on the Leased Land which improvements and fixtures will become the property of the Lessor upon Lessee's vacation of the Leased Land. 16. Assignment or Sublease. Lessor acknowledges that sources of public or private financing including, but not limited to, Florida Housing Finance Corporation may require Developer to form one or more single purpose entities(each,an"SPE")to seek and secure funding G 11A , a for portions of the Project. Lessee may assign this Ground Lease, or a portion of the Leased Land, without the prior written consent of the Lessor to the SPE whose manager, authorized member or general partner shall be an "Affiliate"of Lessee. "Affiliate" is herein defined as a SPE controlled, through membership or general partnership interest,by Lessee. Lessee must provide written notice to Lessor of any assignment to an Affiliate within thirty(30)days of such conveyance. During the Term of this Ground Lease, Lessee upon the prior written notice to the Lessor shall be permitted from time to time, to assign or otherwise transfer all or any portion of its rights under this Ground Lease to an SPE such other organizations, firms, corporations, general or limited partnerships, unincorporated associations, joint ventures, estates, trusts, or any other entities as Lessee shall select,subject to the following by virtue of an assignment,partial assignment,or sublease(each, a "Transfer"): a) Lessee shall not be in default under this Ground Lease at the time of such Transfer; b) Any Transfer of all or any part of Lessee's interest in this Ground Lease and the Leased Land shall be made expressly subject to the terms, covenants and conditions of this Ground Lease, and such assignee or sublessee shall expressly assume all of the obligations of Lessee under this Ground Lease applicable to that portion of the Leased Land being assigned or transferred, and agree to be subject to all conditions and restrictions to which Lessee is subject, but only for matters accruing while such transferee holds the transferred interest. c) There shall also be delivered to Lessor a notice which shall designate the name and address of the transferee and the post office address of the place to which all notices required by this Ground Lease shall be sent. d) Such transferee of Lessee (and all succeeding and successor transferees) shall succeed to all rights and obligations of Lessee under this Ground Lease with respect to the portion of the Leased Land so transferred, and subject to the terms of the document of Transfer, including the right to mortgage, encumber and otherwise assign and transfer. As between Lessee and the transferee, the assignment or sublease shall allocate such portion, if any, of the Rent and any other payments and obligations under this Ground Lease to be paid or provided to Lessor by the transferee. e) Once a Transfer has been made with respect to any portion of the Leased Land, the transferee and Lessor may thereafter modify, amend or change this Ground Lease with respect to such portion of the Leased Land, so long as Lessee has been released from all rights and obligations under this Ground Lease pertaining to the transferred portion of the Leased Land, all subject to the provisions of the assignment or transfer,so long as they do not diminish or abrogate the rights of Lessee (or anyone claiming through Lessee) as to any other part of the Leased Land, and no such modification, amendment or change shall affect any other part of the Leased Land or this Ground Lease thereof. i) Except as may otherwise be specifically provided in this Section 16, upon a Transfer, such transferor shall be released and discharged from all of its duties and obligations hereunder which pertain to the portion of the Leased Land transferred for the then unexpired Term of this Ground Lease. 1 1 A g) Any act required to be performed by Lessee pursuant to the terms of this Ground Lease may be performed by any transferee of Lessee and the performance of such act shall be deemed to be performed by Lessee and shall be accepted by Lessor as Lessee's act, provided such act is otherwise performed in accordance with the terms of this Ground Lease. References in this Ground Lease to"Lessee"shall be deemed applicable to a sublessee or assignee, as well as to the Lessee named in the introductory paragraph. h) Lessee shall provide Lessor with copies of all subleases and sub-subleases entered into during each quarter. Lessor agrees to grant non-disturbance agreements for sublessee(s) and/or sub-sublessees) which provide, in the event of a termination of this Ground Lease which applies to the Phase or portion of the Leased Land covered by such sublease and/or sub-sublessee, due to a Default by Lessee, such sublessee and/or sub-sublessee will not he disturbed and will be allowed to continue peacefully in possession directly under this Ground Lease as the successor Lessee, provided that the following conditions are met: (a) any sublessee and/or sub-sublessee shall be in compliance with the terms and conditions of its sublease; and (b) any sublessee and/or sub-sublessee shall agree to attorn to Lessor. 17. Insurance. • (a) Lessee shall maintain general liability and property liability insurance policy(ies), for not less than Five Million and 00/100 Dollars ($5,000,000.00) combined single limits during the Term of this Ground Lease(which may be through an umbrella or excess liability policy). If such amounts are less than required by Leasehold Mortgagee, Lessee shall comply with the amount required by Leasehold Mortgagee. (b) From the completion of the first Phase of the Project, Lessee shall also maintain standard fire and extended coverage insurance on the additions and improvements located on the Leased Land and all of Lessee's property located on or in the Leased Land including, without limitation, furniture,equipment, fittings, installations, fixtures(including removable trade fixtures), personal property and supplies, in an amount not less than the then-existing full replacement value,but in no case less than the amount required by the Leasehold Mortgagee. From the completion of the first Phase of the Project, Lessee shall maintain flood insurance for no less than the Federal Maximum limits required for any building that is located within a flood zone. (c) All of the above-described liability insurance policy(ies) shall list and continuously maintain Lessor as an additional insured thereon.The property insurance policy shall list the Lessor as its interest may appear. Evidence of such insurance shall be provided to Lessor and the Collier County Risk Management Department,3311 Tamiami Trail East—Bldg. D, 34112 Naples, Florida,34112,prior to the insurance taking effect; and shall include a provision requiring not less than ten (10) days prior written notice to Lessor in the event of cancellation or material reduction in policy(ies)coverage. The issuer of any policy must have a Certificate of Authority to transact insurance business in the State of Florida and must be rated "A" or better in the most current edition of Best's Insurance Reports. Each insurer must be responsible and reputable and must have financial capacity consistent with the risks covered. Each policy must contain an endorsement to the effect that the issuer waives any claim or right of subrogation to recover against Lessor, its employees, representatives and agents. 1 1 A ((I) Failure to continuously abide with all of these insurance provisions shall be deemed to be a material breach of this Ground Lease and Lessor shall have the remedies set forth below. 18. Defaults and Remedies. (a) Defaults by Lessee. The occurrence of any of the following events and the expiration of the cure period set forth below without such event being cured or remedied will constitute a"Default by Lessee"to the greatest extent then allowed by law: (i) Lessee's abandonment of Leased Land and its determined non-use continues for ninety (90) consecutive days and discontinuation of'Lessee's operation. (ii) After construction completion of any Phase of the Project, Lessee's failure to utilize such Phase of the Leased Land as set forth in Exhibit B,which continues for more than one (1)year after such failure-subject to the provisions in Section 4 above. (iii) Any lien, other than those permitted encumbrances under Section 10, is filed against the Lessee's interest on the Fee Estate, and the same remains unreleased for a period of sixty (60) days from Lessee's notice unless within such period Lessee is contesting in good faith the validity of such lien and such lien is appropriately bonded. (b) Remedies of Lessor. (i) During the Default by Lessee, Lessor, may apply all rights under this Ground Lease, by law and equity against the Lessee; provided, however,that(A) Lessor shall have first provided written notice of any Lessee Default(s) to Lessee, along with all Leasehold Mortgagees or each equity investor in an SPE to which this Ground Lease is assigned (either in whole or in part)or to which a portion of the Leased Land is subleased(each,an"Equity Investor"), which parties shall be provided an additional 90 days to cure such Default(s) by Lessee before Lessor may exercise its remedies in this section and (B) any rights of Lessor shall be exercised only with respect to the Phase or other applicable portion of the Leased Land with respect to which such Lessee Default occurred,and not any other Phase. (ii) If Lessee fails to promptly pay, when due, the rent or any other sum payable to Lessor under this Ground Lease,and if said sum remains unpaid for more than ten(10) days past the due date, the Lessee shall pay Lessor a late payment charge equal to five percent (5%) of each such payment not paid promptly and in full when due. Any amounts not paid promptly when due shall also accrue compounded interest of two (2%) percent per month or the highest interest rate then allowed by Florida law, whichever is higher ("Default Rate"), which interest shall be promptly paid by Lessee to Lessor. (iii) During the Default by Lessee, Lessor may sue for direct, actual damages arising out of such Default by Lessee or apply for injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation,agreement or covenant of Lessee under this Ground Lease, or otherwise. Lessor shall be entitled to reasonable attorney's fees and costs incurred arising out of Lessee's default under this Ground Lease. 1 1 A (c) Default by Lessor. Lessor shall in no event he charged with default in the performance of any of its obligations hereunder unless and until Lessor shall have failed to perform such obligations within thirty(30)days(or such additional time as is reasonably required to correct such default, but not to exceed an additional ninety (90) days) after written notice to Lessor by Lessee properly and in meaningful detail specifying wherein, in Lessee's judgment or opinion, Lessor has failed to perform any such obligation(s). (d) No Remedy Exclusive. No remedy herein conferred upon or reserved to either party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy will be cumulative and in addition to every other remedy given under this Ground Lease or hereafter existing under law or in equity. No delay or omission to exercise any right or power accruing upon any event of default will impair any such right or power nor be construed to be waived, but any such right and power maybe exercised from time to time and as often as may be deemed expedient. (e) Non-Waiver. Every provision hereof imposing an obligation upon Lessee is a material inducement and consideration for the execution of this Ground Lease by Lessee and Lessor. No waiver by Lessee or Lessor of any breach of any provision of this Ground Lease will be deemed for any purpose to be a waiver of any breach of any other provision hereof or of any continuing or subsequent breach of the same provision, irrespective of the length of time that the respective breach may have continued. Miscellaneous Legal Matters 19. This Ground Lease shall be construed by and controlled under the laws of the State of Florida. In the event of a dispute under this Ground Lease,the Parties shall first use the County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action in the Circuit Court of Collier County to enforce the terms of this Ground Lease, which Court the Parties agree to have the sole and exclusive jurisdiction. 20. Other than that certain Development Agreement dated as November l0, 2020, as amended by First Amendment to Developer Agreement dated April 25, 2023, this Ground Lease contains the entire agreement of the Parties with respect to the matters covered by this Ground Lease and no other agreement, statement or promise made any party, or to any employee, officer or agent of any party, which is not contained in this Ground Lease shall be binding or valid. Time is of the essence in the doing,performance and observation of each and every term, covenant and condition of this Ground Lease by the Parties. 21. In the event state or federal laws are enacted after the execution of this Ground Lease, which are applicable to and preclude in whole or in part the Parties' compliance with the terms of this Ground Lease, then in such event this Ground Lease shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Ground Lease. 22. Except as otherwise provided herein, this Ground Lease shall only be amended by mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder 1 1 A shall be given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by certified mail. If given by certified mail, the notice shall be deemed to have been given when received or first required. For the purpose of calculating time limits which run from the giving of a particular notice the time shall be calculated from actual receipt of the notice. Time shall run only on business days which, for purposes of this Ground Lease shall be any day other than a Saturday, Sunday or legal public holiday. Notices shall be addressed as follows: If to Lessor: County Manager Collier County Manager's Office 3299 East Tamiami Trail Naples, Florida 34112 II'to Lessee: • Rural Neighborhoods, Incorporated 19308 SW 380th St., Florida City, FL 33034 Attention: Steven Kirk with a copy to: Shuns and Bowen, LLP 200 S. Biscayne Blvd., Suite 4100 Miami, Florida 33131 Attention: Robert Cheng, Esq. Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 23. Lessee is an independent contractor and is not any agent or representative or employee of Lessor. During the Term of this Ground Lease, neither Lessee, nor anyone acting on behalf of Lessee, shall hold itself out as an employee, servant, representative or agent of Lessor. Neither party will have the right or authority to bind the other party without express written authorization of such other party to any obligation to any third party.No third party is intended by the Parties to be a beneficiary of this Ground Lease or to have any rights to enforce this Ground Lease against either party hereto or otherwise. Lessee acknowledges that Lessor is not providing any vacation time, sick pay, or other welfare or retirement benefits normally associated with an employee-employer relationship and that Lessor excludes Lessee and its employees from participation in all health and welfare benefit plans including vacation, sick leave, severance, life, accident, health and disability insurance, deferred compensation, retirement and grievance rights or privileges. 24. Neither party to this Ground Lease will be liable for any delay in the performance of any obligation under this Ground Lease or of any inability to perform an obligation under this Ground Lease if and to the extent that such delay in performance or inability to perform is caused by an event or circumstance beyond the reasonable control of and without the fault or negligence of the party claiming Force Majeure. "Force Majeure" shall include an act of God, war(declared or undeclared),sabotage, riot, insurrection,civil unrest or disturbance,military or guerrilla action, economic sanction or embargo,civil strike,work stoppage,slow-down or lock-out,explosion,fire, earthquake, severe weather condition, hurricane, flood, lightning, wind, drought, pandemics, or the binding order of any governmental authority. 1 1 A 25. Lessee will not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the Leased Land, nor permit employees, representatives, agents, contractors, sub-contractors, sub-sub-contractors, material men and/or suppliers to engage in such activities upon or about the Leased Land except in the ordinary course of business. 26. In compliance with Section 404.056, Florida Statutes, all Parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. 27. The Lessor agrees to reasonably cooperate with any audits that are required to be conducted in accordance with the provisions set forth in Florida Statutes, Section 20.055(5). 28. Lessee shall execute this Ground Lease prior to it being submitted for approval by the Board of County Commissioners. A memorandum of this Ground Lease may be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Ground Lease, at Lessee's sole cost and expense. 29. Lessor acknowledges that Lessee's Leasehold Mortgagee or Equity Investor may request changes to this Ground Lease. Lessor agrees to reasonably amend this Ground Lease as necessary to accommodate the Leasehold Mortgagee and/or Equity Investor 30. in addition to any rights of the Leasehold Mortgagee or Equity Investor, if, within ninety (90) days after the mailing of any notice of termination or such later date as is thirty (30) days following the expiration of the cure period, if any, afforded Lessee, such Leasehold Mortgagee or Equity Investor cure Default by Lessee, Lessor agrees to accept such cure as though tendered by Lessee, in which event, this Ground Lease shall be restored to good standing. 31. Notwithstanding anything to the contrary herein, during the Term of this Ground Lease,the Lessor shall not transfer,encumber or otherwise dispose of the Fee Estate or the Leased Land or any interest therein without the prior written consent of the Lessee, Equity Investor, and all Leasehold Mortgagees. 32. This Ground Lease may be modified by virtue of the powers and authority vested in the Collier County Manager, Collier County,or Board of County Commissioners. 33. Each party hereto shall,at any time and from time to time within ten(10)clays after being requested to do so by the other party, any Leasehold Mortgagee or Investor in writing, execute, acknowledge, and address and deliver to the requesting party (or, at the latter's request, to any existing or prospective mortgagee, transferee, Investor or other assignee of the requesting party's interest in the Leased Land or under this Ground Lease which acquires such interest in accordance with this Ground Lease),a certificate in recordable form,certifying(a)that this Ground Lease is unmodified and in full force and effect (or, if there has been any modification thereof, that it is in full force and effect as so modified,stating therein the nature of such modification); (b) that Lessee has accepted possession of the Leased Land, and the date on which the Term 1 1 A commenced; (c) as to the dates to which rent and other charges arising hereunder have been paid; (d) as to the amount of any prepaid rent or any credit due to Lessee hereunder; (e) as to whether, to the best of such party's knowledge,information and belief,the requesting party is then in default in performing any of its obligations hereunder (and, if so, specifying the nature of each such default);and (t)as to any other fact or condition reasonably requested by the requesting party;and acknowledging and agreeing that any statement contained in such certificate may be relied upon by the requesting party and any such other addressee. 34. If any provision of this Ground Lease be held to be void or unenforceable under the laws of any place governing its construction or enforcement, this Ground Lease shall not be void or vitiated thereby but shall be construed to be in force with the same effect as though such provisions were omitted. 35. Lessor and Lessee acknowledge and agree that during the Term, each applicable Developer shall be the owner of all improvements constructed or to be constructed on its Phase of the Leased Land, and as such, such Developer shall be entitled to all depreciation deductions and the credits or other benefits for income tax purposes relating to such improvements. 36. Lessee shall have the option, but not obligation,to name one or more buildings for one or more individuals or entities providing financing or other assistance for any portion of the Project;provided,however,Lessor shall retain the right to require Lessee to change the name upon not less than 60 days prior written notice if the individual or entity associated with such name: (i) commits or is accused of committing an act involving moral turpitude under federal, state or local law,or(ii)commits an act of significant public disrepute or becomes the subject of a scandal such that Lessor believes, in its reasonable discretion, that the value or the Project has been or will be negatively affected. IN WITNESS WHEREOF,the Lessee and Lessor have hereto executed this Ground Lease the day and year first above written. 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UW aQ M �w W n L.L. � Z W 1 cc dW 5O(x99M00 U 2 O W W rz ,� `o '3 a a"d m�zalc`'iaao _, 000, L. 0 q v 1 ., r 1 1 A EXHIBIT B Unit Totals and Types Minimum Number of Units Maximum Number of Units (Overall) 350 (Overall) 372 Target Number of Senior Units 100 Target Number of Senior Units 120 Target Number of Essential 250 Target Number of Essential Services Units Services Units 252 Note: Five percent (S%) of Senior• and Essential Services units shall be targeted to persons considered to be veterans. Income and Rent Targeting(Goal) Seniors Income Target Percent Minimum Maximum Note: Developer may AMI Rent Level Set-Aside #of Units #of Units elect to use IRS5c42 28% 28% 10% 10 12 Income-Averaging as a 60% 60% 90% 90 108 set-aside election in 4% or 9%Housing Credit transactions. Its election enables income levels to be set-aside between 60%-80%AMI, balanced by units.set- aside below 60%. Essential Services Income Target Percent Minimum Maximum Note:All units shall be AMI Rent Level Set-Aside # of Units #of Units rented with priority given to Essential 50% 50% 9% 22 22 Service Personnel 80% 80% 11% 28 28 employees. 120% 100% 80% 200 202 ESP Occupational Preferences include: Tier 1: Healthcare, Education and Emergency Services Tier 2: -Government C4:3) 1 1 A COLLIER COUNTY STANDARD FORM LONG-TERM GROUND LEASE (Phase 1) This Long-Term Ground Lease ("Lease"), together with that certain U.S. Department of Housing and Urban Development lease addendum ("Lease Addendum", an.l together with the Lease hereinafter referred to as the"Ground Lease"), is made effective the Aly of 'YYIaaCJ1.-,, 2024 (the "Effective Date"), by and between Renaissance Hall at Old Course, LLC, a Florida limited liability company ("Lessee" or "Developer"), and Collier County, a political subdivision of the State of Florida ("Lessor or County"). Lessor and Lessee may sometimes be referred to herein as "Parties". Lessee is a special purpose entity of Rural Neighborhoods, Inc., a Florida not- for-profit corporation, and the sole member of Lessee ("Rural"). RECITALS: WHEREAS, the Lessor is the owner of certain real property that is more commonly described as the Golden Gate Golf Course as Parcel Number 36560040008 by the Collier County Property Appraiser located in the Collier County, Florida 34104 ("Premises"); and WHEREAS, on December 13, 2019, the Board of Collier County Commissioners ("Board") issued Invitation to Negotiate (ITN) #20-7698 "Housing and Land Development Component at the Former Golden Gate Golf Course" ("Solicitation"); and WHEREAS, on June 9, 2020, Rural was selected by the Board to enter into negotiations for development of a portion of Premises pursuant to the Solicitation; and WHEREAS, Rural is organized for charitable and lawful purposes not for pecuniary profit under Chapter 617, Florida Statutes, including, but not limited to, the lessoning the burdens of government through community redevelopment and the provision of housing; and WHEREAS, Rural is considered Federally tax-exempt under Section 501(C)(3) of the Internal Revenue Code and must not be operated for the benefit of private interests nor may the net earnings of the organization inure to the benefit of any private shareholder or individual; and WHEREAS, on November 10, 2020, the Board entered into a Developer Agreement with Rural which memorialized the terms and conditions for development of a portion of the Premises under a 99-year lease to construct rental apartments to meet a crisis in the affordability and availability of senior, veterans, and essential service personnel such as health care workers, educational staff and first responders that impacts the economic, commercial, and residential development of the community (the "Development", and as it relates to this Ground Lease, the "Project"); and WHEREAS, on April 25, 2023, the Board executed a First Amendment to Developer Agreement amending the legal description identified as Exhibit A to the Developer Agreement, and amending the unit total and types as set forth in Exhibit B to the Developer Agreement; and cA0 1 1 A WHEREAS, the Developer Agreement allows the Developer to construct the Development in phases and to have each ground lease in the name of a related entity; and WHEREAS, on the execution date hereof, the Board executed a Second Amendment to Developer Agreement amending the legal description, identified as Exhibit A to the Developer Agreement,to identify an Essential Services Phase 1 ("Phase 1") and a Senior Phase 2 ("Phase 2") legal description; and WHEREAS, the phased development of the Property necessitates the involvement of different lenders for Phase 1 and Phase 2, and the Parties desire this Ground Lease to relate specifically to Phase 1, and on the execution date hereof, the Parties have executed a separate Collier County Standard Form Long-Term Ground Lease relating specifically to Phase 2; and WHEREAS, Section 16 of this Ground Lease anticipates a special purpose entity ("SPE") of Rural as the Lessee of this Ground Lease and that SPE is the Lessee herein; and WHEREAS, on April 25, 2023, County and Rural executed a Collier County Standard Form Long-Term Ground Lease ("April 2023 Ground Lease") for a portion of the Premises. On the execution date hereof and prior to the execution of this Ground Lease, the parties have terminated the April 2023 Ground Lease so as to allow for the execution of this Ground Lease for Phase 1 and execution of a Phase 2 ground lease; and WHEREAS, it is the Board's finding that it is in the public interest to implement the Developer Agreement with terms and conditions set forth below and at the conclusion of this Ground Lease the land and improvements shall revert to Collier County. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the Parties, and in consideration of the covenants contained herein, the Parties hereby enter into this Ground Lease on the following terms and conditions: 1. Conveyance. On the terms and conditions set forth in this Ground Lease, and in consideration of Lessee's performance under this Ground Lease, the Lessor conveys to the Lessee the present possessory interest in the land described below. 2. Description of Leased Land. The land being leased to Lessee pursuant to this Ground Lease,has a legal description set forth in Exhibit A,annexed hereto and made a part hereof, and is hereinafter referred to as the "Leased Land," and is a portion of the Premises. 3. Conditions to Conveyance. Lessee warrants and represents to Lessor that it has examined the title and boundaries of the Leased Land. Accordingly, this conveyance is subject to all of the following: (a) Any and all conditions, restrictions, encumbrances and limitations now recorded against the Leased Land, together with any beneficial easements granted herein or burdening easements reserved herein; 0,0 1 1 A (b) Any and all existing zoning laws or ordinances; and (c) Lessee's satisfactory performance of all terms and conditions of this Ground Lease. 4. Use of Leased Land. The purpose of this Ground Lease is for Lessee to provide affordable housing, which use the Board of County Commissioners has found to be in the public's interest. Accordingly, Lessee, together with all successors and assigns (including but not limited to a Leasehold Mortgagee, or its nominee or designee), shall utilize the Leased Land in strict accordance with the Rural's Response to Invitation to Negotiation 20-7698, and Developer Agreement, as amended and as summarized in Exhibit B, annexed hereto and made a part hereof, as allocated to the Phase 1 Project(i.e.,to build one or more buildings with a total of Two Hundred Fifty (250) to Two Hundred Fifty-Two (252) residential dwelling units with on grade parking, together with ancillary uses and/or amenities incident thereto to be solely utilized for the uses described in Exhibit B), subject to Sections 5 and 16 hereof. In the event Lessee shall cease to use the Leased Land after completion of the Project for the purposes described in Exhibit B, and such cessation of use shall continue for a period of twelve (12) consecutive months, this Ground Lease, at the option of the Lessor, shall be terminated and Lessee shall surrender and vacate the Leased Land to the Lessor within thirty (30) days after notice of such termination, unless Lessee shall re- commence operations within such thirty (30) day period. Notwithstanding the foregoing, said thirty (30) day period shall be tolled if such cessation is caused by events beyond the control of the Lessee such as Force Majeure (as hereinafter defined), casualty or if such cessation is due to temporary closing for reconstruction or repairs to the Project, or any portion thereof 5. Phased Development. The Development may be constructed in phases (each, a "Phase" and collectively, the"Phases"). Consistent with Section 16 of this Ground Lease, Lessee, with the prior written notice to the Lessor, may delegate its authority to develop one or more of the Phases of the Development by sublease, partial assignment, assignment, or joint venture as approved by the Board of County Commissioners. Such delegation shall not relieve Lessee of its obligation under this Ground Lease. As used in this Ground Lease, the term "Developer" shall refer to Lessee or any assignee, successor, sublessee, co-developer or joint venture of Lessee, involved in the development of the Project or any portion thereof Upon approval of the plans, specifications, and permits by the authorities having jurisdiction over the Project (the "Governmental Authorities") and approval of financing by lenders and/or investors, as applicable, the Developer shall promptly construct the Project. In so doing, the Developer shall: (a) comply with the permits and all other applicable laws, approvals, codes and requirements of orders promulgated by all Governmental Authorities (the "Approvals"), (b) perform all work in a safe and workmanlike manner, and (c) ensure construction commences and is substantially complete in accordance with the Approvals. 6. Developer's Obligation to Build and Modifications to Project. Developer shall design,permit and construct in compliance with all applicable governmental regulations,at its sole cost and expense, the Project. The plans, specifications and building design for the Developer's improvements ("Improvements") to be constructed on the Leased Land are subject to reasonable approval by Lessor. Prior to applying for any building permit for improvements to the Leased Land, Developer shall submit to Lessor for its approval such plans and specifications necessary to obtain a building permit for Developer's intended improvements. Lessor shall have thirty(30)days GPI 1 1 A after receipt of any submittal by Developer to review Developer's submittals and provide a written response as to whether the submittal is approved as submitted, not approved as submitted (which disapproval shall specify the reasons therefor), or Lessor may provide Developer with requested changes. Any plans and specifications presented to Lessor for approval for the Project or any Phase thereof shall be deemed approved if not disapproved in writing by Lessor within such thirty (30) day period. If the submittal is not approved or if Lessor requests changes, Developer shall submit revised plans that will meet with Lessor's reasonable approval or incorporate the requested changes into the plans. If Developer determines not to revise its plans for any Phase of the Project in accordance with this Section, then Developer may terminate its sublease or sub-sublease or reassign its lease to Lessee. Developer may make nonmaterial changes to the approved plans from time to time to accommodate site issues or operating changes to Developer's use of the Leased Land. Material changes from the approved plans will require Lessor's written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Lessor will provide Developer with requisite authorization to apply for permits once plans are determined to be acceptable by Lessor. All plans shall be in conformity with Collier County standards. Within 15 days of the Effective Date, Developer agrees to provide an updated timeline of the anticipated schedule for the Phase 1 Project and will provide the Lessor with any significant changes to such schedule. Developer shall secure a written commitment of project funding ("Funding Commitment") by May 30, 2024. If Developer is unable to secure the Funding Commitment by May 30, 2024, Lessor may exercise its option to terminate this Ground Lease or, at its sole discretion, Lessor may grant additional time to Developer to secure the Funding Commitment. The above referenced deadline may be extended at the discretion of the Board of County Commissioners. If Developer commences construction on the Phase 1 Project within six (6) months following receipt of the Funding Commitment, the Phase 2 Developer under the Phase 2 ground lease shall be granted twelve (12) months from the date of the receipt of the Funding Commitment to obtain a commitment of project funding towards the Senior unit housing project as outlined on Exhibit "B" which is to be developed under the Development Agreement. Upon commencement of construction of each Phase,Developer shall diligently pursue said construction of such Phase to completion and complete said construction on or before twenty-four (24) months from commencement of construction, subject to delays beyond the control of the Developer, including Force Majeure. Developer shall be solely responsible for the costs of repairing any damage (other than ordinary wear and tear) to Lessor's water and sewer facilities or other infrastructure located within the Leased Land resulting from construction or use by such Developer, its agents, officers or employees. Prior to commencement of construction of any Phase of the Project, Developer must demonstrate to Lessor that it has sufficient funds or commitments therefor necessary to complete each Phase of the Project,and Developer shall,prior to construction commencement of each Phase, cause its general contractor to post a payment and performance bond or like security in form and substance satisfactory to the County in amount equal to one hundred percent (100%) of the construction costs for such Phase of the Project as certified by Developer's engineer of record or general contractor, which shall be issued by a surety having a credit rating of"A" or higher. Any entitlements, permits, and/or easements that are necessary to construct and use the Project as set forth in Exhibit "B" shall be pursued by Developer. Lessor will join in or otherwise authorize Developer to pursue such applications. Developer shall pursue such applications with p,O 1 1 A reasonable diligence and in a timely and commercially reasonable manner consistent with the prevailing standard of practice applicable to handling and processing land use matters in Collier County, Florida. 7. Term of Ground Lease. The term of this Ground Lease shall commence on the Effective Date and, unless terminated earlier by the Parties in accordance with the terms hereof, shall terminate on the ninety-ninth(99111)year anniversary from the Effective Date ("Term"). There is no option to renew. If Lessee holds over after the expiration of the lease Term, such tenancy shall be from month to month under all of the terms, covenants and conditions of this Ground Lease subject, however, to Lessor's right to seek legal relief to eject Lessee from the Leased Land as a holdover. 8. Rent.The Lessee agrees to pay the Lessor the sum of$10.00 per annum, in advance, for each year of the Term, which may, at Lessee's option, be prepaid at any time for the remainder of the Term. 9. Net Lease. This is a fully net lease, with Lessee responsible for all its costs, fees and charges concerning the Leased Land. Accordingly, Lessee shall promptly pay when due and prior to any delinquency all such costs, fees, taxes, permit, trash removal services, assessments, utility charges, impact fees and obligations of any kind that relate to the Leased Land. Lessee will indemnify and hold Lessor harmless from any and all actual claims, costs and obligations arising from Lessee's use of the Leased Land other than attributable to Lessor. In case any action or proceeding is brought against Lessor by reason of Lessee's use of the Leased Land, Lessee shall pay all costs, reasonable attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if Lessor shall so request other than attributable to Lessor, at Lessee's expense, by counsel reasonably satisfactory to Lessor. It is specifically agreed however, that Lessor may at its own cost and expense participate in the legal defense of such claim, with legal counsel of its choosing. 10. Liens and Mortgages. a) With the exception of land use restrictions required for grant funding and impact fee waiver, Lessor shall not in any way encumber or lien the Leased Land and shall promptly remove any and all encumbrance or liens it placed against the Leased Land of its doing. With exception of the aforementioned land use restrictions, all persons are put on notice that the interest of the Lessee in the Leased Land shall not be subject to liens or encumbrances made by the Lessor. b) Lessor acknowledges and agrees that it will not be possible for Developer to construct the Project without obtaining a loan or loans from one or more lenders secured by mortgage(s) on Lessee's or Developer's leasehold interest in the Leased Land(each, a"Leasehold Mortgagee")and/or equity investments from one or more Equity Investors(as hereinafter defined). Therefore, Lessor hereby covenants and agrees that its interest in this Ground Lease is and shall be subject to, subordinate and inferior to any loan obtained by the Developer for the purpose of financing the development and/or operation of the Project, and to the lien of Leasehold Mortgagee ("Leasehold Mortgage"), assignments of rents and leases, security agreements, and other collateral, security documents or instruments required by any Leasehold Mortgagee, and to all Gp,O 1 1 A renewals, extensions, modifications, consolidations, replacements and refinancing and to all advances made or hereafter to be made upon the security of the Leasehold Mortgage, assignments of rents and leases, security agreements, and other collateral, security documents or instruments. Lessor shall, at Developer's request,join, execute and/or deliver any and all Leasehold Mortgages, assignments of rents and leases, security agreements, and other collateral, security documents or instruments as may be required by such lender or lenders in order to subject and subordinate the Lessor's interest in this Ground Lease to the lien of such documents or instruments, and upon Developer's request shall join, execute and/or deliver any and all such further instruments or assurances as any such lender or lenders may reasonably deem necessary to evidence or confirm the subordination of this Ground Lease or, to the extent not prohibited under the law, allowed the encumbrance of the Lessor's interest herein to the lien of any such Leasehold Mortgage, assignments of rents and leases, security agreements, and other collateral, security documents or instruments. Provided, however, and notwithstanding anything contained herein to the contrary, Lessor shall not be required to suffer, incur, accept or assume any personal liability for any such financing, loans or indebtedness, or any costs or expenses thereof, or any other indebtedness or liability of Developer thereunder, and any Leasehold Mortgage, assignments of rents and leases, security agreements, and other collateral, security documents or instruments of any nature whatsoever which the Lessor may be called upon to join,execute and/or deliver under and pursuant to this section shall expressly exculpate Lessor from and against any and all such personal liability. Lessee may, without Lessor's consent, assign or mortgage this Ground Lease (including any options it contains) to any Leasehold Mortgagee under a Leasehold Mortgage. A Leasehold Mortgagee (and anyone whose title derives from a Leasehold Mortgagee) may, without Lessor's consent, hold a foreclosure sale or exercise the power of sale, take title to this Ground Lease, and transfer or assign this Ground Lease, either in its own name or through a nominee. For the avoidance of doubt, Lessee acknowledges and agrees that Lessor's Fee Estate shall not be subject to any foreclosure by the Leasehold Mortgagee or by any other mortgagee that may have an interest in the Leased Land. Nothing in this section shall be construed as a waiver of Lessor's rights under Chapter 713, Florida Statutes. c) Lien and Encumbrance. Developer may encumber or lien this Ground Lease with any encumbrance, inchoate lien for taxes or municipal obligations, utility and access easements, affordability covenants, restrictions required by Section 42 of the Internal Revenue Code of 1986, as amended, other encumbrances incurred in the ordinary course of business of Developer, and other matters set forth in policy for title insurance insuring Developer's interest in this Ground Lease. d) Rights of Leasehold Mortgagee. Upon foreclosure or assignment in lieu of foreclosure of the Leasehold Estate, pursuant to the terms of the applicable Leasehold Mortgage, the most senior Leasehold Mortgagee shall have the right to acquire this Ground Lease in its own name or the name of a nominee without consent or approval of Lessor. In the event that Lessee's interest hereunder is acquired by a Leasehold Mortgagee, or its nominee or designee, then such Leasehold Mortgagee, or its nominee or designee, shall also have the right to further assign or sublet the Leasehold Estate hereunder to a third party without the consent or approval of Lessor. e) Non-Merger. This Ground Lease shall not terminate as to the Leasehold Mortgage because of any conveyance of leasehold interest in this Ground Lease to Lessor or of the Lessor's interest hereunder to the Lessee. Accordingly, if this Ground Lease and the Fee Estate P Gg 1 1 A in the Leased Land are commonly held, then they shall remain separate and distinct estates. They shall not merge without consent by all Leasehold Mortgagees. 11. Lessee's Obligation to Maintain Leased Land and Improvements and Comply with All Lawful Requirements. Lessee, throughout the Term of this Ground Lease, at its own cost, and without any expense to the Lessor, shall keep and maintain the Leased Land and Improvements in good, sanitary and neat order, condition and repair, and shall abide with all applicable lawful requirements. If the Leased Land and Improvements are not in such compliance in the reasonable opinion of Lessor, Lessee will be so advised in writing. If corrective action is not begun within thirty (30) days of the receipt of such notice Lessee shall be subject to applicable fines or penalties available under Collier County law. 12. Quiet Enjoyment. Lessee shall be entitled to quiet enjoyment so long as Lessee is not in default under Section 18 hereunder, on any of the terms of this Ground Lease. Accordingly, Lessee shall have the exclusive right to use the Leased Land during the Term. During the Term, Lessee may, in its sole discretion, construct, improve, alter, maintain, or renovate the Project. Any such work may be undertaken by Lessee at any time or times during the Term hereof and no consent or approval of Lessor shall be required unless such work consists of major alterations from plans and specifications originally approved by Lessor as more fully provided for herein. Lessor agrees to co-operate with Lessee in connection with the construction and agrees to execute any documents required by governmental authorities and any lender or investor evidencing Lessee's rights hereunder and consenting to such work. During the Term of this Ground Lease, Lessee may erect appropriate signage on the Leased Land and the improvements constructed by Lessee thereon. Any such signage shall be in compliance with all applicable codes and ordinances. 13. Casualty and Condemnation. (a) Casualty. If any Phase of the Project is destroyed, or damaged to any extent by fire or other casualty, and Lessee shall apply any insurance proceeds ("Proceeds") to rebuild or restore the Leased Land to substantially its condition prior to such casualty event,unless the Lessee provides the Lessor with a written determination that rebuilding or restoring the Leased Land to such a condition with Proceeds within a reasonable period of time is impracticable or would not be in the best interests of the Lessee. If the Lessee elects not to repair or replace the improvements, then Lessee or Lessor may terminate this Ground Lease as to the Phase or Phases affected by the casualty by providing notice to the other party within ninety (90) days after the occurrence of such casualty. The termination will be effective on the ninetieth (90th) day after Lessee makes such election, unless extended by mutual written agreement of the Parties. During the period between the date of such casualty and the date of termination, Lessee will cease its operations as may be necessary or appropriate. If this Ground Lease is not terminated as set forth herein, or if the Leased Land is damaged to a less than material extent, as reasonably determined by Lessee, Lessee will proceed with reasonable diligence, at no cost or expense to Lessor,to rebuild and repair the Leased Land to substantially the condition as existed prior to the casualty. The Proceeds shall be paid to Lessee, or as otherwise directed by Leasehold Mortgagee. (b) Condemnation. Lessee may terminate this Ground Lease as part of a condemnation Project, and Developer may terminate its sublease or sub-sublease as part of a condemnation of its respective Phase of the Project. P P G 1 1 A 14. Access to Leased Land. Lessor, its duly authorized agents, contractors, representatives and employees, shall have the right after forty-eight (48) hour written notice to Lessee, to enter into and upon the Leased Land during normal business hours, or such other times with the consent of Lessee, to inspect the Leased Land, verify compliance with the terms of this Ground Lease, or make any required repairs not being timely completed by Lessee, provided, if Lessor wishes to access/enter any residential unit, it must do so in compliance with the applicable residential lease. 15. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within thirty (30) days after termination of the lease Term, Lessee shall redeliver possession of the Project to Lessor in good condition and repair subject to normal wear and tear. Lessee shall have the right at any time during Lessee's occupancy of the Leased Land to remove any of its personal property,equipment, and signs provided, however, at the termination of this Ground Lease,Lessor shall have the option to demolish and remove all improvements made by Lessee to the Leased Land upon Lessee's vacation thereof, or to retain said improvements with fixtures on the Leased Land which improvements and fixtures will become the property of the Lessor upon Lessee's vacation of the Leased Land. 16. Assignment or Sublease. Lessor acknowledges that sources of public or private financing including, but not limited to, Florida Housing Finance Corporation may require Developer to form one or more single purpose entities (each, an "SPE")to seek and secure funding for portions of the Project. Lessee may assign this Ground Lease, or a portion of the Leased Land, without the prior written consent of the Lessor to the SPE whose manager, authorized member or general partner shall be an"Affiliate" of Lessee. "Affiliate" is herein defined as a SPE controlled, through membership or general partnership interest,by Lessee. Lessee must provide written notice to Lessor of any assignment to an Affiliate within thirty (30) days of such conveyance. During the Term of this Ground Lease,Lessee upon the prior written approval of the Lessor,which approval shall not be unreasonably withheld or delayed, shall be permitted from time to time, to assign or otherwise transfer all or any portion of its rights under this Ground Lease to an SPE or such other organizations, firms, corporations, general or limited partnerships, unincorporated associations,joint ventures, estates, trusts, or any other entities as Lessee shall select, subject to the following conditions, by virtue of an assignment, partial assignment, or sublease (each, a "Transfer"): a) Lessee shall not be in default under this Ground Lease at the time of such Transfer; b) Any Transfer of all or any part of Lessee's interest in this Ground Lease and the Leased Land shall be made expressly subject to the terms, covenants and conditions of this Ground Lease, and such assignee or sublessee shall expressly assume all of the obligations of Lessee under this Ground Lease applicable to that portion of the Leased Land being assigned or transferred, and agree to be subject to all conditions and restrictions to which Lessee is subject, but only for matters accruing while such transferee holds the transferred interest. P� G 1 1 A c) There shall also be delivered to Lessor a notice which shall designate the name and address of the transferee and the post office address of the place to which all notices required by this Ground Lease shall be sent. d) Such transferee has experience successfully operating and maintaining properties similar to the Project. e) Such transferee of Lessee (and all succeeding and successor transferees) shall succeed to all rights and obligations of Lessee under this Ground Lease with respect to the portion of the Leased Land so transferred, and subject to the terms of the document of Transfer, including the right to mortgage, encumber and otherwise assign and transfer. As between Lessee and the transferee, the assignment or sublease shall allocate such portion, if any, of the Rent and any other payments and obligations under this Ground Lease to be paid or provided to Lessor by the transferee. f) Such transferee of Lessee (and all succeeding and successor transferees) shall succeed to all rights and obligations of Lessee under the Income Sharing Agreement dated , of 2024, and shall honor the terms and conditions therein. g) Once a Transfer has been made with respect to any portion of the Leased Land, the transferee and Lessor may thereafter modify, amend or change this Ground Lease with respect to such portion of the Leased Land, so long as Lessee has been released from all rights and obligations under this Ground Lease pertaining to the transferred portion of the Leased Land, all subject to the provisions of the assignment or transfer, so long as they do not diminish or abrogate the rights of Lessee (or anyone claiming through Lessee) as to any other part of the Leased Land, and no such modification, amendment or change shall affect any other part of the Leased Land or this Ground Lease thereof. h) Except as may otherwise be specifically provided in this Section 16, upon a Transfer, such transferor shall be released and discharged from all of its duties and obligations hereunder which pertain to the portion of the Leased Land transferred for the then unexpired Term of this Ground Lease. i) Any act required to be performed by Lessee pursuant to the terms of this Ground Lease may be performed by any transferee of Lessee and the performance of such act shall be deemed to be performed by Lessee and shall be accepted by Lessor as Lessee's act, provided such act is otherwise performed in accordance with the terms of this Ground Lease. References in this Ground Lease to "Lessee" shall be deemed applicable to a sublessee or assignee, as well as to the Lessee named in the introductory paragraph. j) Lessee shall provide Lessor with copies of all subleases and sub-subleases entered into during each quarter. Lessor agrees to grant non-disturbance agreements for sublessee(s) and/or sub-sublessee(s) which provide, in the event of a termination of this Ground Lease which applies to the Phase or portion of the Leased Land covered by such sublease and/or sub-sublessee, due to a Default by Lessee, such sublessee and/or sub-sublessee will not be disturbed and will be allowed to continue peacefully in possession directly under this Ground Lease as the successor Lessee, provided that the following conditions are met: (a) any sublessee P� G 1 1 A and/or sub-sublessee shall be in compliance with the terms and conditions of its sublease; and (b) any sublessee and/or sub-sublessee shall agree to attorn to Lessor. 17. Insurance. (a) Lessee shall maintain general liability and property liability insurance policy(ies), for not less than Five Million and 00/100 Dollars ($5,000,000.00) combined single limits during the Term of this Ground Lease(which may be through an umbrella or excess liability policy). If such amounts are less than required by Leasehold Mortgagee, Lessee shall comply with the amount required by Leasehold Mortgagee. (b) From the completion of the first Phase of the Project, Lessee shall also maintain standard fire and extended coverage insurance on the additions and improvements located on the Leased Land and all of Lessee's property located on or in the Leased Land including, without limitation, furniture, equipment, fittings, installations, fixtures (including removable trade fixtures), personal property and supplies, in an amount not less than the then-existing full replacement value,but in no case less than the amount required by the Leasehold Mortgagee. From the completion of the first Phase of the Project, Lessee shall maintain flood insurance for no less than the Federal Maximum limits required for any building that is located within a flood zone. (c) All of the above-described liability insurance policy(ies) shall list and continuously maintain Lessor as an additional insured thereon. The property insurance policy shall list the Lessor as its interest may appear. Evidence of such insurance shall be provided to Lessor and the Collier County Risk Management Department, 3311 Tamiami Trail East—Bldg. D, 34112 Naples, Florida, 34112, prior to the insurance taking effect; and shall include a provision requiring not less than ten (10) days prior written notice to Lessor in the event of cancellation or material reduction in policy(ies) coverage. The issuer of any policy must have a Certificate of Authority to transact insurance business in the State of Florida and must be rated "A" or better in the most current edition of Best's Insurance Reports. Each insurer must be responsible and reputable and must have financial capacity consistent with the risks covered. Each policy must contain an endorsement to the effect that the issuer waives any claim or right of subrogation to recover against Lessor, its employees, representatives and agents. (d) Failure to continuously abide with all of these insurance provisions shall be deemed to be a material breach of this Ground Lease and Lessor shall have the remedies set forth below. 18. Defaults and Remedies. (a) Defaults by Lessee. The occurrence of any of the following events set forth below without such event being cured or remedied will constitute a "Default by Lessee" to the greatest extent then allowed by law: (i) Lessee's abandonment of Leased Land and its determined non-use continues for ninety (90) consecutive days and discontinuation of Lessee's operation. (ii) Lessee's failure to commence construction on the Phase 1 Project within six (6) months following receipt of the Funding Commitment. PO 1 1 A (iii) Lessee's failure to complete construction on the Phase 1 Project within twenty-four(24) months from commencement of construction. (iv) After construction completion of any Phase of the Project, Lessee's failure to utilize such Phase of the Leased Land as set forth in Exhibit B, which continues for more than one (1) year after such failure-subject to the provisions in Section 4 above. (v) Any lien, other than those permitted encumbrances under Section 10, is filed against the Lessee's interest on the Fee Estate, and the same remains unreleased for a period of sixty (60) days from Lessee's notice unless within such period Lessee is contesting in good faith the validity of such lien and such lien is appropriately bonded. (b) Remedies of Lessor. (i) In the event of any Default(s)by Lessee, Lessor,may apply all rights under this Ground Lease, by law and equity against the Lessee; provided,however,that(A)Lessor shall have first provided written notice of any Lessee Default(s)to Lessee,along with all Leasehold Mortgagees or each equity investor in an SPE to which this Ground Lease is assigned (either in whole or in part)or to which a portion of the Leased Land is subleased(each, an"Equity Investor"), which parties shall be provided an additional ninety (90) days to cure such Default(s) by Lessee before Lessor may exercise its remedies in this section, and (B) any rights of Lessor shall be exercised only with respect to the Phase or other applicable portion of the Leased Land with respect to which such Lessee Default occurred, and not any other Phase. (ii) If Lessee fails to cure within the time frames specified in this section, Lessor may, at its option, terminate this Lease, in which event Lessee shall immediately surrender the Premises to Lessor. (iii) If Lessee fails to promptly pay, when due, the rent or any other sum payable to Lessor under this Ground Lease, and if said sum remains unpaid for more than ten (10) days past the due date, the Lessee shall pay Lessor a late payment charge equal to five percent (5%) of each such payment not paid promptly and in full when due. Any amounts not paid promptly when due shall also accrue compounded interest of two (2%) percent per month or the highest interest rate then allowed by Florida law, whichever is higher ("Default Rate"), which interest shall be promptly paid by Lessee to Lessor. (iv) In the event of a Default by Lessee, Lessor may sue for direct, actual damages arising out of such Default by Lessee or apply for injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Lessee under this Ground Lease, or otherwise. Lessor shall be entitled to reasonable attorney's fees and costs incurred arising out of Lessee's default under this Ground Lease. (c) Default by Lessor. Lessor shall in no event be charged with default in the performance of any of its obligations hereunder unless and until Lessor shall have failed to perform such obligations within thirty(30)days(or such additional time as is reasonably required to correct such default, but not to exceed an additional ninety (90) days) after written notice to Lessor by Lessee properly and in meaningful detail specifying wherein, in Lessee's judgment or opinion, Lessor has failed to perform any such obligation(s). P9 G 1 1 A (d) No Remedy Exclusive. No remedy herein conferred upon or reserved to either party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy will be cumulative and in addition to every other remedy given under this Ground Lease or hereafter existing under law or in equity. No delay or omission to exercise any right or power accruing upon any event of default will impair any such right or power nor be construed to be waived, but any such right and power maybe exercised from time to time and as often as may be deemed expedient. (e) Non-Waiver. Every provision hereof imposing an obligation upon Lessee is a material inducement and consideration for the execution of this Ground Lease by Lessee and Lessor. No waiver by Lessee or Lessor of any breach of any provision of this Ground Lease will be deemed for any purpose to be a waiver of any breach of any other provision hereof or of any continuing or subsequent breach of the same provision, irrespective of the length of time that the respective breach may have continued. Miscellaneous Legal Matters 19. This Ground Lease shall be construed by and controlled under the laws of the State of Florida. In the event of a dispute under this Ground Lease,the Parties shall first use the County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action in the Circuit Court of Collier County to enforce the terms of this Ground Lease, which Court the Parties agree to have the sole and exclusive jurisdiction. 20. Other than that certain Developer Agreement dated as November 10, 2020, as amended,this Ground Lease contains the entire agreement of the Parties with respect to the matters covered by this Ground Lease and no other agreement, statement or promise made any party, or to any employee, officer or agent of any party, which is not contained in this Ground Lease shall be binding or valid. In the event of a conflict between the Developer Agreement and the Ground Lease, the Ground Lease shall prevail. Time is of the essence in the doing, performance and observation of each and every term, covenant and condition of this Ground Lease by the Parties. 21. In the event state or federal laws are enacted after the execution of this Ground Lease, which are applicable to and preclude in whole or in part the Parties' compliance with the terms of this Ground Lease, then in such event this Ground Lease shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Ground Lease. 22. Except as otherwise provided herein, this Ground Lease shall only be amended by mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder shall be given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by certified mail. If given by certified mail, the notice shall be deemed to have been given when received or first required. For the purpose of calculating time limits which run from the giving of a particular notice the time shall be calculated from actual receipt of the notice. Time shall run only on business days which, for purposes of this Ground Lease shall be any day other than a Saturday, Sunday or legal public holiday. Notices shall be addressed as follows: 1 1 A If to Lessor: County Manager Collier County Manager's Office 3299 East Tamiami Trail Naples, Florida 34112 If to Lessee: Renaissance Hall at Old Course, LLC C/O Rural Neighborhoods, Inc. 19308 SW 380th St., Florida City, FL 33034 Attention: Steven Kirk with a copy to: Nelson Mullins Riley Scarborough LLP 390 N. Orange Ave., Suite 1400 Orlando, Florida 32801 Attention: Morry Osborn, Esq. Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 23. Lessee is an independent contractor and is not any agent or representative or employee of Lessor. During the Term of this Ground Lease, neither Lessee, nor anyone acting on behalf of Lessee, shall hold itself out as an employee, servant, representative or agent of Lessor. Neither party will have the right or authority to bind the other party without express written authorization of such other party to any obligation to any third party. No third party is intended by the Parties to be a beneficiary of this Ground Lease or to have any rights to enforce this Ground Lease against either party hereto or otherwise. Lessee acknowledges that Lessor is not providing any vacation time, sick pay, or other welfare or retirement benefits normally associated with an employee-employer relationship and that Lessor excludes Lessee and its employees from participation in all health and welfare benefit plans including vacation, sick leave, severance, life, accident, health and disability insurance, deferred compensation, retirement and grievance rights or privileges. 24. Neither party to this Ground Lease will be liable for any delay in the performance of any obligation under this Ground Lease or of any inability to perform an obligation under this Ground Lease if and to the extent that such delay in performance or inability to perform is caused by an event or circumstance beyond the reasonable control of and without the fault or negligence of the party claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action, economic sanction or embargo, civil strike,work stoppage, slow-down or lock-out, explosion, fire, earthquake, severe weather condition, hurricane, flood, lightning, wind, drought, pandemics, or the binding order of any governmental authority. 25. Lessee will not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the Leased Land, nor permit employees, representatives, agents, contractors, sub-contractors, sub-sub-contractors, material men and/or suppliers to engage in such activities upon or about the Leased Land except in the ordinary course of business. QO G 1 1 A 26. In compliance with Section 404.056, Florida Statutes, all Parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. 27. The Lessor agrees to reasonably cooperate with any audits that are required to be conducted in accordance with the provisions set forth in Florida Statutes, Section 20.055(5). 28. Lessee shall execute this Ground Lease prior to it being submitted for approval by the Board of County Commissioners. A memorandum of this Ground Lease may be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Ground Lease, at Lessee's sole cost and expense. 29. Lessor acknowledges that Lessee's Leasehold Mortgagee or Equity Investor may request changes to this Ground Lease. Lessor agrees to reasonably amend this Ground Lease as necessary to accommodate the Leasehold Mortgagee and/or Equity Investor. 30. In addition to any rights of the Leasehold Mortgagee or Equity Investor, if, within ninety (90) days after the mailing of any notice of termination or such later date as is thirty (30) days following the expiration of the cure period, if any, afforded Lessee, such Leasehold Mortgagee or Equity Investor cure Default by Lessee, Lessor agrees to accept such cure as though tendered by Lessee, in which event, this Ground Lease shall be restored to good standing. 31. Subject to the rights of any Leasehold Mortgagee or Equity Investor to effectuate a cure following a Default under this Ground Lease by the Lessee, any easements granted in accordance with this Ground Lease shall remain in effect for the term of the Ground Lease; however, upon the termination of the Ground Lease, the County, at its sole option, shall have the unilateral right to terminate such easements and to unilaterally record a termination document evidencing the same in the Public Records of Collier County. 32. Notwithstanding anything to the contrary herein, during the Term of this Ground Lease, the Lessor shall not transfer, encumber or otherwise dispose of the Fee Estate or the Leased Land or any interest therein without the prior written consent of the Lessee, Equity Investor, and all Leasehold Mortgagees. 33. This Ground Lease may be modified by virtue of the powers and authority vested in the Collier County Manager, Collier County, or Board of County Commissioners. 34. Each party hereto shall, at any time and from time to time within ten(10)days after being requested to do so by the other party, any Leasehold Mortgagee or Investor in writing, execute, acknowledge, and address and deliver to the requesting party (or, at the latter's request, to any existing or prospective mortgagee, transferee, Investor or other assignee of the requesting party's interest in the Leased Land or under this Ground Lease which acquires such interest in accordance with this Ground Lease),a certificate in recordable form,certifying(a)that this Ground Lease is unmodified and in full force and effect (or, if there has been any modification thereof, that it is in full force and effect as so modified, stating therein the nature of such modification); (b) �o 0 1 1 A that Lessee has accepted possession of the Leased Land, and the date on which the Term commenced; (c) as to the dates to which rent and other charges arising hereunder have been paid; (d) as to the amount of any prepaid rent or any credit due to Lessee hereunder; (e) as to whether, to the best of such party's knowledge,information and belief,the requesting party is then in default in performing any of its obligations hereunder (and, if so, specifying the nature of each such default); and (f) as to any other fact or condition reasonably requested by the requesting party; and acknowledging and agreeing that any statement contained in such certificate may be relied upon by the requesting party and any such other addressee. 35. If any provision of this Ground Lease be held to be void or unenforceable under the laws of any place governing its construction or enforcement, this Ground Lease shall not be void or vitiated thereby but shall be construed to be in force with the same effect as though such provisions were omitted. 36. Lessor and Lessee acknowledge and agree that during the Term, each applicable Developer shall be the owner of all improvements constructed or to be constructed on its Phase of the Leased Land, and as such, such Developer shall be entitled to all depreciation deductions and the credits or other benefits for income tax purposes relating to such improvements. 37. Lessee shall have the option, but not obligation, to name one or more buildings for one or more individuals or entities providing financing or other assistance for any portion of the Project;provided, however, Lessor shall retain the right to require Lessee to change the name upon not less than 60 days prior written notice if the individual or entity associated with such name: (i) commits or is accused of committing an act involving moral turpitude under federal, state or local law, or(ii) commits an act of significant public disrepute or becomes the subject of a scandal such that Lessor believes, in its reasonable discretion, that the value or the Project has been or will be negatively affected. THE BALANCE OF THIS PAGE LEFT BLANK, SIGNATURE PAGE FOLLOWS P9 G! 1 1 A IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Ground Lease the date first above written. AS TO THE LESSEE: Renaissance Hall at Old Course, LLC 4.4By: Rural Neighborhoods, Incorporated, ` l 0-�'�-1^7 a Florida not-for-profit corporation, its sole 'Witness (signature) member . I S-A ( n(Y'-eS (Print name) By: Ste en Kir , President 1. V Witness (signature) (Print name) BOARD OF COUNTY COMMISSIONERS, AS TO THE LESSOR: COLLIER COUNTY, FLORIDA ATTEST: s 1-1,11, CRYSTALK. KNZEt, Clerk By: •` Chr al CHAIRMAN r ; A Mu.to Chairrnaf'S DEP i 1.4:: signature only a K 5 Approved as t form n lega y: S ly A. kar Assistant County Attorney V;(7c v'V 3 11A IN WITNESS WHEREOF, Rural Neighborhoods, Incorporated joins in and consents to this Ground Lease for Phase I on the date first written above. Rural Neighborhoods, Incorporated, a Florida not-for-profit corporation Witness (signature) By: v •4;74 i S A 1 s (ftS — -- S •ven ' rr , President (Print etkLulA_ Witness (signature) l J.(t.tes (Print name) 1 [ F r° 1 A .... N EXHIBIT A - Leased Land (Phase 1 Essential Services) 4 ;• .2 n ;sr- *4 x,-7,-iiivyi- g IlAr-f".4 ,V, XXAAAAAggg , ,-.,,11 Ai-4,, e), 1,. ..1 ... r t 1.4 6r9 A ke, A, ,„--s ,,,i A A 1 A A cv, A. A A A ii,:'-•A c?,T ..:.A dr"5,t-,z !,-P! 5:::.! € - .,—,.., ''' x - II— .- :,)( .4 : ii, 1 ' T., .1 A' 8. "9. "_.1 NI - 1 .. V"el ..:-4 .,9 = 'Oa' -.. K; it'.•41• 'O; 7, F.,t 71 64 "N r- 0 -1 X ZI-r,tfa mg` -c*:','. ej,-,-. " " sg°'-,-tE;, ''' `i'''' '..:gAt';' .1".a% P. Z - . . . , , , . . . .. .'tiN -; ''‘ A, ,,,,..• rgl t. Xi F E : AR I‘AFFP. RTV'Ai','A.,-.70,t 'i 4"... -.0 _ - 1 c ' 1 1 "vi'A 1 `1 ',- ''' •,,''''• ' n - 7 i'.. - a- T 0 * ,r•.2 „,4- .4. • 14,D, A hilX . 9g ("1 . . .61''''' -U3HiaRig:q'*' '". ,Alt x 2 3J A A 4'' ACI-1 '4 t.,4 ,(••. '' 7.4 *. - p,CS Az. 41 $,, 9 c,..••.,,NJ,t., - : ,..,, N -N.,,,,.ix,?ff-. )..?...?":,.y,,.; ::,.i.'*.1.: • ,,,„ th x; 4,5 Pc:. Z „,,., r',,, 1,1 at to, e. N NI ,.§ ..?r,.•4, xg n • --%▪ = ,.." ,..). 4, 44 •”, ,.!;, '.d T tc:, 8" " - c1t, ri 0'!"6 X il 7 to fl' rz,4,,, •,,; ,,,,ic, ifq fl ilq i g,.. X,,.._.A.g Q .,,,, m„.; -a t'1. --t vil g", , -' '4' qr:'im 11-- -- -- • ' -""--. ''. ''''' • n ,... rn vs , g t.-3e--:1 ,41,,t L, :".1 * .-- (.• i A M 8 2 v - 5: 7 t ,^^ — g ' 3--• rl IP M A 01 ._,- .pf,,, 1. 7 . t... 5 ,k A R R.12 /s ,,,". rT -. I L.- In^-‘.§ '''':, cZ1•1 .!,• ^.1.1 q, k ca ::: i 11 ili; • ti2. - ''' ''''_ mg ''. ';`: .se.1 6 1,..:, *• ,g 1.) , 1. i P.i 4,,.''P..„t,,,,,,A'''?...,,- s.1,- 1r- r) ....--g 0 1 4 C I I.., ,k 10 '''4014‘c's" cC11 R le F X""1 -1, -±.-1 ..a. • '''', "..',1°.A. *.) " 0)7' $ 74' '.31 ii. 8 : . A ElX--, !,-,1, III A 0 —_, cr A3. '4 3- -. :: — 1 ,A ',3 ... , ., ..Z a, g 0 0 LII i' T.eti.1 01 CI-'t 0 I x .,.._ -' 8. c,,:.• cl -% g. (--- 5 rh ,2 OTA > x) > 0 1-10-< n z r,‘",,.cEe?..v P 71 DCI q , z..,_ k,c) Te z z00 '11. V) -1 Z 0 01F/ ri F: ti cl% 0 CA t g up z , 0 8 -•., .T t -4::',.•- ).• '4.-4 t ,1 PI r) " - 1 'ilo u 1 - ig 0 R• '''' P c : -C [Legal Description Sketch continues on next page] GTO 1 A EXHIBIT A PAGE 2 SKETCH — - Netr.nr.let W.1 0 0 c: , ..., _ ' ‘• =0 a -n. , - . - 1 - ..., • V 0 549"10'.V14 2$7 G4' ... .., i f.if ..' - .z. 'g .4. I ' 4 P M I 1 r., I—...............*,. ; I .11 X i .c ----. i 4 i 02 ... .4 zt.1"- i > 1 — — -- - Ti4 46 4 KS...4.:i to; -0 a > 5 (9 i A .‘.>"- `4 P.r.-•: i : 2. i K i----- -- . acin 0 .. t, z.7. 3 1 i: v.•I :I' '..%." P 1 ,N. 1 11 4 11 • 21 •-. ,',.,%,.., ,--- -3,,-,,, ____, 0 , ;LI......, /._ ._. il Az iiiS _____ , .l'S.-• .. • ,..:,:::ii,::2,:i g n* Z .4. W I . r. ___.....— m- ), ,--, r-"V — 11 0 M I. x ot 2C24 H CI ., 4 a zik...wo rn ^I, ± 0 ' 0 0 Z 9 Ai A i 20 17 © - V.--'71•*''' 2 „„, •• .t3..4 . ',''.k;I ' ;4. • : 3g.h4 . .... ---- j 't 7) ,4 - TT ,...., E 'NOT A SURVEY* -N- 10) 4 , m 4 (.2 i li 1 PI . .4 it! glgg. b, 1/4...___7,_ 1 ____,..---- -- ---..ii -0-4 1 6., , 1 ,... _ 1 % r4 i_tl 1 .*Y. \ ' 74 3'.... \ ' 547.12'1,3".154.1,5• I4 "1 . cp) ... -• 1 1 A ' TOGETHER WITH an easement for ingress and egress over, under and through the following described parcel: Beneficial Ingress and Egress Easement Parcel#1: A PARCEL OF LAND LYING IN TRACT"A",GOLDEN GATE UNIT 8, PART 1,AS RECORDED IN PLAT BOOK 5, PAGES 147 THROUGH 151 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT"A",GOLDEN GATE UNIT 8, PART 1,AS RECORDED IN PLAT BOOK 5, PAGES 147 THROUGH 151,PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA., THENCE NORTH 00°28'56" WEST ALONG THE EAST LINE OF SAID TRACT"A" FOR 119.44 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE SOUTH 89°30'57" WEST DEPARTING SAID EAST LINE FOR 24.80 FEET; THENCE NORTH 01°58'53" WEST, FOR 30.21 FEET TO A POINT ON A CURVE; THENCE NORTHEASTERLY 28.10 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 47.00 FEET THROUGH A CENTRAL ANGLE OF 34°15'41"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 67°04'39" EAST FOR 27.69 FEET TO AN INTERSECTION WITH SAID EAST LINE; THENCE SOUTH 00°28'56" EAST ALONG SAID EAST LINE FOR 40.77 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; CONTAINING 858 SQUARE FEET OR 0.02 ACRES, MORE OR LESS. t NOTES: { COLLIER 8OULEVARD(SR PSI) BEARtNOg SH[Yw*t HCRE pR AtF£ 9A;,E11 ow NE STATE FLANS COORDARA IE SYSTEM ES1148015HE6 87 THE t (HOC ,w r,oi z £ O4IY_' SUYVLr FDR it CADA EA5r NAME, < '.i`*4(+13"I••+.eta t 98J 54n'.HA OWN z990 AGAA147MENT GBTAAEO U1L47MM. 1 x.f,, .:p: RTA CPS 095CRIDONS ON THE FXYGT NErworr ANt7 `,. REFER TO rii£ EAST (ROE Or 71PAC7 A 015(1£N G47E, �� \� &14t7 8. PART f, AS RECORDED,AN P1,AT my* 5, 046E5 Id 1 TmRO1.GN 16 i, 0r 754E HURL XC RFCY4Y7S Or i SAY1e':67 40.71' AOd'.AI'SIM itl.44' 1` COLLIER COLNITY., FLORIDA A5 BEND yy NORnr OOL5'78'S6"WEST. i ram--SA9 3 's'sr*14..K7' 2 06NE16NS St+YMN HE4?7Ott APE IN U,S SURVEY AL-ri.i0' 1 FIST AND OECI4wS INERELYO ' Mt70J MALT:i' . 'B�N4T04'J!t ___.....__ Ltlf)EI'GTE - Wi7t40At7 IRE (NY,y^I SACNATA7Ytf (4.5)'S11.. •wNi kN Ham.. i G 4 our a wilt t C. ' AtGTAI Si0NA7GRE AND MT TAt SF.A3 Of' Lt:ENSEO i \ tR3 7."G!47-a}rl } El DADA sumvt mi., ANt4 xrAPPLR. Nip AfL'°DONS 0R . \-owr'ss541 l97r oaf Irons R5 Tres ^t ar,,E 7 1,14P ARE PERM/TIED WRHOur r4E ExPRESSE7 w#"EN C17NSENr or THE t 5A;N!NG !.ARTY i i t 1 -woolie"- - DESCRIPTION � I A PARDO OF"YVp,GN iA444 174 A E 04 TRACT "- GOL E GArE town & Ave' I. AS RECC AV O PLAT MDEA1 a. PAT,25 P 747 TN ryr Or THE RAM RECORDS Or COLLIER Mawr, ti("OA, 5A10 AVM titNO• ACRE NWi4CLCANt7 DESCRA4E0 AS FOM,,7W5. I 0 15' 30' 6C' C NOM Ar THE 50./PfAST CORNER Or 71+.ICr i{'. GOLDEN SAIL CAW & PART r. A5 Rfc04C1fD 5 PLAT i SCALE, 1" = 30` 00011 I�J 5. PAGES f47 7HR0LGH 15 f. PC REC0R05 OF COLLIER COUNTY. f104104. THENCE Tits PLAN 5447 HAVE BEEN ENIA4GED r.A NORTH D1r28'56'wf57 N ONO THE FACT ONE OF SAID T14N7 A' FOR 119.44 FEET TO THE ROW OF ! REtx,CE0 Nov IN6EN6E0 SPLAY 5.cA.E 8EGINYaNG OF TNf HERE:w DE5CR8Hf0 PARCEL, i T'{,A &£F'RCt>a:T454 REA50415 T4ENCE SOWN 89'3037"WEST DEPARTING SA10 EAST LINE FOR 24.80 FEET; i (EC417 1HEAIGE NORTH 0r18'35' IRLST, tOR JO.21 FEET TO A PONT ON A CURtE; A. . AR( Le1 TH i fx ^t40F;t£'K.'T1! T4ENNCE Nr.IRTHEAS7FRL 7 TR 10 FEET ALOIND iNE ARC or A MON--7ANGENTYll CURVE' TO 'THE t ET7 /t45PNG A RA07,5 OF 47.00 FEET TNROLGH A CCNTRA(. ANGLE OF 34'15.4 I" AND SERA; St18TENi( ,;i CU - CfKTC' 747T4r �43NAMP1 lT: rJO n( _ OAT IiYXM 8Y A CHORD MARCH BEARS NORTH 67'04'39' EAST FOR 2769 FEET TO AN Ati TERSECTfON w7TH SAO ice_-- ---- At c Poi EASr;,INS; °i�CI1.E6 BY T�15 PPP . OW Dv.WAWA', THENCE 50Ur4 00'28'56" tor Al ONO SAID E457 LINE ryw 40.77 a r Mt1Hf 801N7 O4" RfGN ot,w; Joe LOGE. RICO FYd - R'itt, Or CriEWE-YM„'x? or THE PARCEL 0 5CN785O HEREk4. scAA4. T'-aX J A, al TA MO: WTE... Y S7±3I7 • CONG4e4YNC$58 S05*165 FEE, 0R 0.02 ACRES, NQRF OR LESS eat xti-fAR•sAr.AE t *NOT A SURVEY' 511447 r at , SKETCH AND DESCRIPTION 4 '1 Minor ....Vnh»ADA+ rau»,I'4 Nxii.'1-"""._ I I (Jra d i1 lino[ WOO v�vkf Ater A PARCEL OF LAND RtAt«u dLq If44,4 5wmw H.rn4b HIM 1'++.' T M.I.w a LYING .aMrca.P'SM i CIA II l?n475114'r5 . I.IAI4ISum Summits • I'I.u1n"Cr . Laudica(x tr,Blllrtu SECTION IN ' I1 Dee a�a'ri i r art it lath liK1110,111 trsi.o4 lath LH Mt Oil n...w".+t avrt.utr. 27 i. 'TOWNSHIP 45 SM.)TH,RANOE 26 EAST "UAW,'.r t,V A.AM I lhnl41aMnt11u,. =14±4-0.l049 44A. ti(Alf I.4714<7COAT 44A1AArtA :.I•t1F414.844 COLLIER COUNTY,FLORIDA °"1441MAN4 t_ .,..,Rf goat 11A TOGETHER WITH an easement for ingress, egress and utilities over, under and through the following described parcel: Beneficial Ingress, Egress and Utility Easement Parcel #2: A PARCEL OF LAND LYING IN TRACT"A",GOLDEN GATE UNIT 8, PART 1, AS RECORDED IN PLAT BOOK 5, PAGES 147 THROUGH 151 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT "A", GOLDEN GATE UNIT 8, PART 1, AS RECORDED IN PLAT BOOK 5, PAGES 147 THROUGH 151, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA., THENCE SOUTH 00°28'56" EAST ALONG THE EAST LINE OF SAID TRACT"A" FOR 234.56 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTH 00°28'56" EAST ALONG SAID EAST LINE FOR 252.00 FEET TO A POINT ON A CURVE; THENCE NORTHWESTERLY 41.40 FEET DEPARTING SAID EAST LINE ALONG THE ARC OF A NON- TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 47.00 FEET THROUGH A CENTRAL ANGLE OF 50°28'04"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 64°24'01" WEST FOR 40.07 FEET; THENCE NORTH 00°28'59" WEST, FOR 31.75 FEET TO A POINT ON A CURVE; THENCE NORTHEASTERLY 60.97 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 47.00 FEET THROUGH A CENTRAL ANGLE OF 74°19'39" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 36°40'57" EAST FOR 56.78 FEET; THENCE NORTH 00°28'52" WEST, FOR 150.35 FEET; THENCE NORTH 13°00'31" EAST, FOR 7.23 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; CONTAINING 2,082 SQUARE FEET OR 0.05 ACRES, MORE OR LESS. COLLIER BOULEVARD(SR 93T) r,14.94 •�Y ux r,Fs,T J.S?.oa' V \ NOCT25:u su a r rT t { POB —Nr.rm JET 7f3- /HOC c i a morws-7"'army . •AP 7JlIE'T'A' LNT A RRT T N967105911.AT TA° DESCRIPTION A PARCEL LM ;RICO 7.TING Al T731L'7 :1 COCRM CATE °R#Y k PART I• AS A[COOMED r.....__.___.�-_.._.._.._...._.� AS RAT ROCK S, FA t?. If/ TF O,GH 'ST OF T,A.. 4414;IC, RECORDS Of COWER CO:d.'Fr, 1,10041., SAD PAACCC FRAC WORE PARTCI„TARtr TACSCOVED AS FMLOWS. 0 '5' 30' 60. CDMNEecmc Ar 7NE NORTHEAST CORNER OF 7RICT .'caON GATE;A'IT a"pa' r. SCALE 1" = 30. AS BECORQED w OAT Scar 5, PACES Ear otoci.4" ;51, ROC BEGIRDS Of COWER MP" fLO1401, TKACE SOUTH OO7836' EAST A:.ONC SR EAST am( 111" THIS PUN WV HAVE'SCSYs ENLARC£D OR sms '?ACE "1'FOR 234 56 FEET TO THE PUREE 4` N,ESANMVIG L7r ENE AfERE•W RE.UT ET$7514 Ir,TEr:OEC CISPLAT SCALE DESCRIED PARCEL FOR RERROCV CTTON RUSOHS tEiT7d! TAANSI CONTINLY SOUR LA ST ST AiONC SAXAASr L.1Nf FOR 712.00 Ai AFY,llhCT}t NOTES: FEET TO A PDANr Om A CURVE Cti . :"APO itAK:Tir 1, RErN1riM•%S SHOWN HEREON ARE 11.LtCT/Om THE STATE FqM' THENCE NONTHAI£STERLT Al AO FEET DERARTWO SAD EAST LWF AtONC THE CIA = 0401J 9EAA G' :'OGATANATE SYSTEM ES•'A9115A1ED Elf THE WHOM: „loa„loam ARC OF A npN-rAAr^,.ENTSA1 CL$4.( TO THE {EFT worAVC A RAOM:S OF A 7.D0 F'd :$A7 ROOF SLIMY 1714 F[ONSDA FAST TONE; 1983 DATIAR 111•A 1990 FEET T.IFFCA GA. A CENTRAL AMCLEf OF 5078'04' AND RELIC S1.WTEm CD Or A A, = 140' AfIAr57MEAr OBTA)Mf5 DTn ONC Aril CPS ORSER.'AMANS ON CHORD WHICH REARS N(RTH 64'?4'04'WEST FOR 40 07 re ET; F'TC`yF,A - f5514r(SF fiTCAWSW 7$t$ FOOT IfPWTWK AND REFER 70 THE EASE ONE OF TRACT rr#NCE-NORTH Ca UFi J6.59'»CST.FOR 3T.73 FEET TO A ROINT CAN A C75RYE, FIX Ay1'T ^ t''MAR%Q'MLR.' '.A; GOEOEN GTE OW it NWT T, A5 RECORDEO JN AgDi N x RAW,' ROOK 5, FACE'S 147 THRCNJCH 1ST OF !NE FT"tC RECORDS MENCE NORMCAS.TERL.T 60.47 air ALONG IRE ATM_ OFF .A NON-7AnfCSA011 , - 1 :TA Mal SW Cpt..WER C0514W, 11.ORIO{A5 RAMC SOUTH 00'26'56'FAST CORMf TO THE SLFT "RAND A 64000$ OF 41.00 FEET porouro, A CEN7RAs. 4NCTE Dr 74'T9139"AND SEWS SLARTENDED 1h'A CHORD WHICH ARFART ?, RTI 2 CAOENSAONS SA+O1YTr FM:AfDN ARE 1N U5 5U+114*' FEET 8N0 ,6'40.97'EA5T FOR 56.75 FEET. :040146! TAO DECrAw,.S `HIKO,. THENCE NORTH 00-2832•WEST, FOR 1S0.J5 $))51, [NECRAD BY TAO CAS SKETC•++ AND DESCRMT,Y]N f5 vQj 144.4D W1T4401lr FHE ..•... /.}A"iGAWf, S,'GvMAP.1RE AntO SUf tR tifr D•CtL1L SK,YATIAP'E ATN THENCE NCRM Ir00'!7` EAST. roo 7.23 TEST TO THE {"DINT OF DE.r.,WNING JCS CODE 94443 D5S17Al. SEAL. OF A 55714SED FLORA SURVEYOR .AND MAPPER. OF THY PARCEL DESCRIED rN.RFA', --"' Sd:xE 1^•a7 ND ALI/MONS OR 5^ELE TOYS TO MIS SUBYEY MAR ME . �EATM+TTE0 W NOW THE EA'PRESSED WANTTEN CONSENT DF Trf aA.rE.: (A,24•31 SA^.,MNO PAA3Y CYW TAAMIO 1,081 SOGMRE FEET DR 0.05 ACRES. AU WE am L$SS.. '._...'"'..,, •..^,•j FAA. 28..hdlMLL At `NOT A SURVEY' SHEET 1,1E SKETCH AND DESCRIPTION 4 (, O Sr.!.L1l ...M ..A+ 1Mxr.,P A. WEE 9"i1A? / l7rjdvMlnor wnu Via Dr!ter A PARCEL OF LAND A 1 1agn..r 1�TM' ; Ro.1 orl.a..1Iwbd.3113{ (UF A-y f7..7 wx, �JTT t'Mwes 1°tM I Intl I?NyyeH'eav LalHiSUnpy[N0 . lI utren 1 mllnra{s.Sri Weds, LYING IN 1>w.MA1a1AA . oaw 1R A.,.1 1� Usti.'Ai 3l SECTION 27 ..r - as Oat asw """'-'"."'•M°1e TOWNSHIP 49 SO£1TN,RANGk.�8 FAST ... 7F1T.•'1'A.SA1tA:i nKr T1ryxl1.,54,115:'1n+T147.Ilia 4.•.4 !:ra,FNIaor.r'ow 1 Ni Ln.•r 27 '14r.t_1RI1 COLLIER COUNTY.FLORIDA `i owe {r"}6 am 14.RW 1 A . TOGETHER WITH an easement for stormwater drainage over, under and through the following described parcel: Stormwater Easement Area Legal Description 1 7'.' N. .-4 -.. -I -4 -1 -^s "e -e i -1 •-i-ir, 43c-, -1 Ie '1 le tee.4 '''' -1" --t-.) 9,2* QVI' li,,OAA !TiA4$1,101 .10 .4. AfZgiri' XV ' A "0 q.. 0 i c rvi, 11%4 ;A '9. AAT.AAAAAAA,...4 . 1-;','?'',',' ' 'A,'A4Kopg' §.6p •-*- t . c.,Nuiita tr.1 ,,ienNIL:er,Itnrelrele* Preehn ,,,,;rAinr-er ,.12,M ,7_ , ,,,,a.” ...4z,„ (n , 4 ;1. — — .4 ,4444 IA wt cp Let kn wa. •7 7 .7 —1 im "" *ri o ' 0 ''.2121W =0;1 ,5 (." A2Z3) , Q., c09.e-ii06 z :-,-• f:4; L.'" .." ,:1 Z T .7r." Y. ." " 3:" i-". ;'X'-i'A-., :.' 4-). 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LO ''. 1 8 08-R 7 :'-' r6ia" ....-. l - g .F,,Y c 7 ',. if R --13: - v 4- 4. ..m x a." . g .„ z:. irt • , ,,,, ,, ,,,,.... , 0,-1 ' A r.2. f,„‘-' „." 1 5, , llt "r1 c. ki• , pio , - .i. ..i. A• 0 .a s..., b .t DO , r 'A 0 , M 0 ,V ... X ,,?p, vE iv , , ,,, , - .., .. . , .., ., c, :..,.:-.- 8, 0 rn ,. 0 o 2A, -,, - Xz-14 iii ,- .;if - ..t..." m A. ,T) n M .•11‘,', 5'1 2:14.0 X. E.c..,2., rT1 0 r-• r,,, — " cl i 1 ' Z ° F$ 71 !, X 44, . il 4'1,N '14 rZI 2 M .... 6. 4 r2 4'2-C1 MI Clt P. C61 E Rla ,, •-n Li, Pii) 4o z 0 4., R r., m , cis 1 s 4 T 05 }:tP 'Y _ a., § EllzACii I \,........." 1 A _............ ..,_ _....,„..._............. .............. ..._............_........_ a Stormwaler Easement Area 4 ., Sketch "3 :,• t• ),,, ,„,,r; c,„1 r, "0 z •• 2 ;5 4 >,E > 5; ''''t Ci t t- at ot, t‘:, !'' 3 "'• 1 1 i _ ,_. 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F 4/...,- ..,..,,,,J 03 '''e 4' --i d -1 --t." ,;','...,"„..) ,._2t :„... 4 i --74ser524,110 2.13 A':.> I II 1 I 4 ON to N N to c,-, kC i N It14.,/ ,'' (( , •S ,,,, "NOT A SURVEY. :04 "Ir ______,04 v ,, •,k1 - 0 6 mfb n - ,...,,kri$ ci4 L Aer..p.231, „V4.23 4. * I A ——1 (-4 7-AAN I:0T '...4,414 29 Air . 4' ,..1 6 - ri -1 (67)9 1 1 A SUBJECT TO the following ingress, egress and utility easement, A PARCEL OF LAND LYING IN TRACT"A", GOLDEN GATE UNIT 8, PART 1,AS RECORDED IN PLAT BOOK 5, PAGES 147 THROUGH 151 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT"A", GOLDEN GATE UNIT 8, PART 1,AS RECORDED IN PLAT BOOK 5, PAGES 147 THROUGH 151, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE SOUTH 00°28'56" EAST ALONG THE EAST LINE OF SAID TRACT"A" FOR 437.20 FEET; THENCE SOUTH 89°31'04" WEST, DEPARTING SAID EAST FOR 35.99 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE SOUTH 00°28'59" EAST, FOR 31.75 FEET; THENCE SOUTH 89°30'57" WEST, FOR 9.44 FEET TO A POINT OF CURVATURE; THENCE WESTERLY 22.20 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 47.00 FEET THROUGH A CENTRAL ANGLE OF 27°03'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 75°59'02" WEST FOR 21.99 FEET; THENCE SOUTH 62°27'07" WEST, FOR 57.55 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 10.17 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 27.00 FEET THROUGH A CENTRAL ANGLE OF 21°34'45"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 51°39'44" WEST FOR 10.11 FEET TO A POINT ON A CURVE; THENCE NORTHWESTERLY 84.96 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 53.00 FEET THROUGH A CENTRAL ANGLE OF 91°50'58"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 60°27'08" WEST FOR 76.15 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY 29.17 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 22.00 FEET THROUGH A CENTRAL ANGLE OF 75°57'25"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 52°30'21" WEST FOR 27.08 FEET; THENCE SOUTH 89°30'57" WEST, FOR 4.52 FEET TO A POINT OF CURVATURE; THENCE WESTERLY 4.99 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 7.00 FEET THROUGH A CENTRAL ANGLE OF 40°49'55" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 69°05'59" WEST FOR 4.88 FEET; THENCE SOUTH 48°41'01" WEST, FOR 11.16 FEET; THENCE SOUTH 89°30'57" WEST, FOR 26.36 FEET; THENCE NORTH 45°29'03" WEST, FOR 9.83 FEET TO A POINT OF CURVATURE; THENCE WESTERLY 5.50 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 7.00 FEET THROUGH A CENTRAL ANGLE OF 45°00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 67°59'03" WEST FOR 5.36 FEET; THENCE SOUTH 89°30'57" WEST, FOR 181.88 FEET; THENCE NORTH 00°29'03" WEST, FOR 51.12 FEET; THENCE NORTH 48°11'O1" EAST, FOR 1.33 FEET; THENCE NORTH 89°30'57" EAST, FOR 29.00 FEET TO A POINT ON A CURVE; THENCE SOUTHEASTERLY 34.56 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 22.00 FEET THROUGH A CENTRAL ANGLE OF 90°00'00"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 45°29'03" EAST FOR 31.11 FEET; THENCE NORTH 89°30'57"EAST, FOR 129.88 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 5.50 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 7.00 FEET THROUGH A CENTRAL ANGLE OF 45°00'00"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 67°00'57" EAST FOR 5.36 FEET; THENCE NORTH 44°30'57" EAST,FOR 9.83 FEET; THENCE NORTH 89°30'57" EAST, FOR 26.36 FEET; THENCE SOUTH 49°39'08" EAST, FOR 11.16 FEET TO A POINT OF CURVATURE; THENCE EASTERLY 4.99 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 7.00 FEET THROUGH A CENTRAL ANGLE OF 40°49'55"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 70°04'06" EAST FOR 4.88 FEET; THENCE NORTH 89°30'57" EAST, FOR 22.14 FEET TO A POINT OF CURVATURE; [SEE NEXT PAGE] GP9 1 1 A THENCE NORTHEASTERLY 5.50 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 7.00 FEET THROUGH A CENTRAL ANGLE OF 45°00'00"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 67°00'57"EAST FOR 5.36 FEET; THENCE NORTH 44°30'57" EAST, FOR 19.05 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 18.06 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 23.00 FEET THROUGH A CENTRAL ANGLE OF 45°00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 67°00'57" EAST FOR 17.60 FEET; THENCE NORTH 89°30'57" EAST, FOR 78.61 FEET; THENCE SOUTH 00°28'27" EAST,FOR 17.50 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY 34.56 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 22.00 FEET THROUGH A CENTRAL ANGLE OF 90°00'37" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 45°28'45" EAST FOR 31.12 FEET; THENCE NORTH 89°30'57" EAST, FOR 11.73 FEET TO A POINT OF CURVATURE; THENCE EASTERLY 12.85 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 47.00 FEET THROUGH A CENTRAL ANGLE OF 15°40'l0"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 81°40'52" EAST FOR 12.81 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; CONTAINING 21,465 SQUARE FEET OR 0.49 ACRES, MORE OR LESS. ,,t .14 is axfntA.s7 wove ...� NKr • or 7141c7;i' ' .,0 ill t .�+. 1.rA h, y 11 We 3 1C 141-10) 7.... R CQC �.._....._....,....._... ... i } 'to E R, y if7 C*' Ir6 OO P08 1.74 Cu'...,?is,ii:... a,5f CS ,. cG, a L LINE TABLE_.v.-.._.._. Ml@r CAW MO MA'A ANT, ci L7 LAI 091,400106 GSWICE Nr S PE'tar kw) t ii L2 S M'.40D1•• I.44' CURVE TABLE :;f -N- . i.J S ar2r0r it 1214• ) 1A S 30 10$7•• s.S2' 7fMt/ RAMS r,0)407 f 02175 i LFUMD&4if CIVIC cL7407W.27'0$50• S 73S402 rl • 21 1 I. 13 S MYf O!'• f7./r• ,._._ . 4700 222 0' M 1 CUj, 0 25" 50" I00" (4 L!►',7ry)•• Ir.JI' ,,,f C9 7100 l071' }f'}a'aJ• S 31141 A. f0 t i`,GA:',ktt 17 N ambs•r 043 ' C3 3300 M M• 4r•30'Or• N AP27TH-0 7s t3• SCAI..1 1 = .2 PHF'L%T L L`A' C4 2200' a 1,7' 7r'8775•1 N 3r10'91•• 77.06' TNIS PLAN WAY HAVE BEEN ENLARGED "'N 7L - Le S N'J071•r reitM" - _ 1 ,? - .tA'YT k` ,p'ktrifi14: Li re aF1'ar• 5f.rF' CI 7.40' a.sr' bar'33•�S 7 yt'• RaY i�rr £ri3gtr� t�TC34 fkEASJ?+5 PEE FAA. EX .dA7l4R kT".fd6tw" ... • •._" Cr 7.O0' 3.70' 13'00Y,0"7 4 a709•As'• 5WE L o x Ad1itr•E t.22' NQTE$: "". ... 't--••_•..".•." C7 1100' /+AP' woo Iv' y'AS'1A'of C Jr I}• C i t i A 611031•L BP or t P£.ARNGS SNOaN *.FPFOA'ARE UA FD Dr• 47A7F PEAAY' Or*owiArr Cl 700' 3.'A' 451:30137• N err:03r L 3J6' SY572'02 ES TAR 17710O HY ?NE NA WO,: Er:0E7:C SURVEY fY14 FACOfi1A£Ai' 07 ti R9 J037•E f2l.M' Z0042. 1983 OA.,^VlA 41777 typo 4 J1,7TWINY 011744VE1) 17TWAW *TAN G%r'S } ,••... .'•.`.. Cr 13r A10 40'4056• S 7001'06•E a.M' OfrA CotOy4:s ON PA FCtl77 Nf71U0IM: AND. *VTR 43 tr,3. CAST (+14f' OF 103 x 44'5217'E rtl' 17s N rY.M13Y E Cr0 700' 3.30" 45'00120' N e7V0'37'E 134' 7RA;'r ',a GGY.Of) GATE (A477 • PART' r. AS RE-coma-5, M FLA A' 5"T MC , 34' 0202S 7s7 7itirOVE..N 751, G1r Wit 70191•C NFLa]R0S Or COt ist:R COLavrv, !rS S aTAW'E I,.,r CIf 2300' 00 Or' a.T001F 1M'37' N r7 `L 17 DO' 1003M11W Al 113114G $ H 41u i7T/7 '26'a6'EAST i7r x rf'30.57'E 22.I4' CO 2200' 3s?e' wows,' S 43'2s VO't 3t r2' 2 ,..IWEIISKNVS SNO N NE'.Rffi.N ANC aN u.5. S¢J.N4EY PELT AND DCGrktAZ1 Lt7 N as'J037'C rowC,, 41(4r' t9A5' WOO' N AVOOWE 19.f1' 7NEW.Er d.ld N Dl, '57'L 7rrl' 3 T413 soil rc., ANt7 txsCi+,v7 N is !Ea717117 wa?NT:.1 1HF i.W3.3,141 SM.'W7URt' ARO SEAL. ON Tiff (AWN. 51Gtrurt,+4;E AND FO7.4 W..4' . Or A Ili S 0''Sr'97'L I7.P0' 7 VW() F"t CAVA SLAVE70R AtiO 10A WLI4. MI) Au"Yk71Tkf:S OR 0Ef ,1.)0i1'i 70 LSO N Ltl'JO'J2'L If.7J" TNts sums 1' 11400 ARE poRaa.r1Eo 7Y'TN{;Ur NE o.o' SSE." )4%r7TEi4 .. . __� wpr Aux rr4xr MIS t�a r CONSENT 4'n siuxnc AARS SKETCH AND DESCRIPTION - 0144 7415 SJD 4 V I:ra1F Miw sod Aa..r.311.P.A. Wt S..+r.CAED MY TJD / (:3 radykli nor JOMVia Drigr7 A PARCEL OF LAND > KIK Cf013 ARM 4A3114 31311133N 13331f43 3413e s. ,,.,_._ .......,,...:.. LYING IN SCAL.E. r •SCI CA I I%nl9nerr$ . t..i1N1 S5r/PYMT • t'M7N1rr'.. • t„Indxraoc Iirilllrrin < DA.fE. C0YY.2023. Ire lA 4tth t33,ann;i t.m.4 loth I.a•441133t iw..,..,a Ag,rvJ,A SECTION A27 ,,. ' - TQWNSHlPi4SOUTH,R'ANOE2fiEAST 0 APc.L. n Ira.sO€AE K.1333133tnu.. X111413 1144 e'•r.f:rxif.,uta.,r•.t1, 7/41767/,. !'.IN1011 tow COLLIER COUNTY.FLORIDA Ca '" `."""" • END OF LEGAL DESCRIPTION GP,O 1 1 A EXHIBIT B Unit Totals and Types Minimum Number of Units 150 Maximum Number of Units 372 (Overall) (Overall) Target Number of Senior Units 100 Target Number of Senior Units 120 Target Number of Essential 250 Target Number of Essential 252 Services Units Services Units Note: Five percent (5%) of Senior and Essential Services units shall be targeted to persons considered to be veterans. Income and Rent Targeting (Goal) Senior Income Target Percent Minimum Maximum Note: Developer may AMI Rent Level Set-Aside # of Units # of Units elect to use IRS§42 28% 28% 10% 10 12 Income-Averaging as a 60% 60% 90% 90 108 set-aside election in 4% or 9% Housing Credit transactions. Its election enables income levels to be set-aside between 60% - 80%AMI, balanced by units set- aside below 60%. Essential Services Income Target Percent Minimum Maximum Note:All units shall be AMI Rent Level Set-Aside # of Units # of Units rented with priority given to Essential 50% 50% 9% 22 22 Service Personnel 80% 80% 11% 28 28 employees. 120% 100% 80% 200 202 ESP Occupational Preferences include: Tier 1: Healthcare, Education and Emergency Services Tier 2: - Government Income Targeting Criteria Developer shall undertake best efforts to obtain project financing that enables developer to construct residential rental units that meet the Income and Rent Targeting Goals shown in the charts above with particular emphasis on Target Rent Levels indicated in Column 2. Developer agrees to an initial maximum Debt Service Coverage Ratio (DSC) of 1.25 DSC; DSC ratios in excess of 1.25 shall require Developer to reduce initial rents to a level that results in a DSC not greater than 1.25 DSC. The intent of this requirement is to reduce rents [Exhibit B continued on next page] Gp,O 1 1 A and bring projected rents closer to the Income and Rent Targeting Goals. Future rents for each Target Rent Level, i.e., 28% AMI, 50% AMI, 60%AMI, 80%AMI, and 120%AMI, shall not exceed Rent Limits established for an Effective Date by the U.S. Department of Housing and Urban Development for Collier County, Florida. Local government shall undertake best efforts to obtain Federal, state, and other housing resources, impact fee deferrals or alternate means of off-site improvements to enable Income and Rent Targeting Goals to be achieved. Developer shall also undertake best efforts to obtain additional grant and/or equity contributions from participating Foundations and others to enable Income and Rent Targeting Goals to be achieved. The Parties agree to a mutual review of pro forma total development costs, income, and expenses prior to Developer accepting a financial commitment from an outside lender and/or equity investor. The Parties agree to the inclusion of the participating Foundations in the mutual review. The Parties further agree that cash flow from the Project shall be described and distributed in accordance with Phase 1 and Phase 2 income sharing agreements by and between Rural Neighborhoods, either Renaissance Hall at Old Court LLC or Renaissance Hall Senior Living, LLLP, the Collier Community Foundation and Collier County. The Phase 2 income sharing agreement will be negotiated separately amongst the parties. The Phase I and Phase 2 income sharing agreements will be presented to the Board of County Commissioners for approval prior to the loan closing for each respective phase. Grant funds provided by Collier County, Florida are subject to Federal and state rules and regulations including, but not limited to, Program Income as applicable. P� G 1 1 A Lease Addendum - U.S. Department of Housing OMB Approval No.2502-0598 and Urban Development (Exp 9/30/2021) Multifamily Office of Housing Public Reporting Burden for this collection of information is estimated to average 0.5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed. and completing and reviewing I the collection of information. Response to this request for information is required in order to receive the benefits to be derived. This agency may not collect this information, and you are not required to complete this form unless it displays a currently valid OMB control number. While no assurance of confidentiality is pledged to respondents. HUD generally discloses this data only in response to a Freedom of Information Act request. Warning: Federal law provides that anyone who knowingly or willfully submits(or causes to submit) a document containing any false,fictitious. misleading, or fraudulent statement/certification or entry may be criminally prosecuted and may incur civil administrative liability Penalties upon conviction can include a fine and imprisonment. as provided pursuant to applicable law,wnich induces,but is not limited to, 18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802.24 C.F.R. Parts 25. 28 and 30, and 2 C.F.R.Parts 180 and 2424. Project Name: Renaissance Hall at Old Course HUD Project No: 066-35392 THIS LEASE ADDENDUM.',..attached to and made part of that certain lease agreement entered into on the ac day of 1MO..&ck 2024, between Collier County, a political subdivision of the State of Florida ("Landlord") and Renaissance Hall at Old Course, LLC, a Florida limited liability company ("Tenant") (collectively, the "Parties") (the "Ground Lease"). The Lease Addendum is required in connection with a mortgage loan insured by the U.S. Department of Housing and Urban Development ("HUD") for multifamily projects pursuant to the National Housing Act, as amended, found at 12 U.S.C. § 1701, et seq. ("Act"), and made by the following HUD-approved lender, PGIM Real Estate Agency Financing, LLC, a Delaware limited liability company ("Lender"). The insured loan is secured by a Security Instrument on the leasehold estate set forth in the Ground Lease. The definition of any capitalized term or word used in this Lease Addendum and not otherwise defined can be found in the Security Instrument and/or Note between Lender and Tenant; or the Regulatory Agreement between Tenant and HUD. The terms "HUD" and "Lender" as used in the Lease Addendum shall also include their successors and assigns, and the Tenant is the same legal entity as the Borrower under the Security Instrument. All references to "days" in this Lease Addendum shall mean calendar days. Notwithstanding anything else in the Ground Lease to which this Lease Addendum is attached, and for valuable consideration, the receipt and sufficiency of which the Parties hereto hereby acknowledge and agree, and to induce the Lender to make the Loan to the Tenant described in the Security Instrument, and to induce HUD to insure said Loan, so long as this leasehold estate is subject to a security instrument insured, reinsured, or held by HUD or given to HUD in connection with a resale, or the Previous editions are obsolete Lease Addendum-Multifamily HUD-92070M(6/18) ham.. 1 1 A Property is acquired and held by HUD because of a default under the Security Instrument, Landlord and Tenant acknowledge and agree to the following provisions. The leasehold estate consists of the ground (land) only; all buildings, improvements, alterations and fixtures now or in the future located thereon are owned in fee simple by the Tenant. As such, the term "Property"means the legally described land subject to the Ground Lease except the buildings, improvements, alterations and fixtures now or in the future located on the land. 1. Compliance with HUD Requirements. Pursuant to the Act, the following provisions may not be waived under any circumstances, whether for a new ground lease or an existing ground lease: (a) the term of the Ground Lease and all other Ground Lease provisions comply with the section of the Act and related federal regulations under which the Note is endorsed for mortgage insurance; (b) the Landlord owns the Property in fee simple, and the leasehold estate is granted directly by the Landlord to the Tenant; (c) the leasehold estate underlying the Ground Lease constitutes a mortgageable real property interest under state law; (d) the Ground Lease and related Ground Lease documents do not conflict with any Program Obligations[1] promulgated by HUD with respect to such mortgage insurance; and (e) all ground rent amounts have prior written approval by HUD. 2. Modifications. The Ground Lease and this Lease Addendum shall not be modified without the written consent of HUD and Lender. Modifications of the Ground Lease and this Lease Addendum that are not authorized in writing by HUD and Lender are void and unenforceable. 3. Conflict Provision. The provisions of this Lease Addendum benefit Lender and HUD and are specifically declared to be enforceable against the parties to the Ground Lease and all other persons by Lender and HUD. In the event of any conflict, inconsistency or ambiguity between the provisions of this Lease Addendum and the provisions of any other part of the Ground Lease, the provisions of this Lease Addendum shall prevail and control. "Program Obligations" means (1)all applicable statutes and any regulations issued by the Secretary pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Lease Addendum rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on "HUDCLIPS," atwww.hud.gov. Previous editions are obsolete Lease Addendum-Multifamily HUD-92070M(6/18) 1 1 A 4. Recording. The full Ground Lease agreement and incorporated HUD Lease Addendum, or a memorandum of ground lease (if permitted under state law), must be recorded in the applicable land records office. If a memorandum of ground lease or a short form ground lease is to be recorded, it must set forth the following information, in addition to compliance with state law requirements: (a) names of the Parties; (b) legal description; (c) term and renewals; (d) reference to the HUD Lease Addendum; and (e) specific reference to HUD's option to purchase in Section 7 (unless Section 7 is expressly waived in writing by HUD in accordance with Program Obligations). 5. Estoppel Certificate. As a condition of HUD's acceptance of a ground lease transaction, an estoppel certificate identifying the Ground Lease documents and signed by the Landlord, dated within thirty (30) days of the Note endorsement, must be provided to Lender and HUD at closing. The Landlord must confirm in writing to Lender and HUD that the Security Instrument is authorized, the Ground Lease is in full force and effect, there are no defaults or pending defaults under the Ground Lease or conditions that would give rise to defaults given the passage of time, and that the legal description of the Property is correct. The document must provide the language required by 24 CFR Section 200.62, and also include the "Warning" language found at the beginning of this Lease Addendum. Upon a reasonable request from Tenant, Lender, or HUD, Landlord further agrees to promptly provide from time to time an estoppel certificate to confirm the terms of, and no default under, the Ground Lease. 6. Consent for Mortgage. Landlord agrees that the Tenant is authorized to obtain a loan, the repayment of which is to be insured by HUD and secured by the Security Instrument on this leasehold estate and the Improvements. The Tenant is further authorized to execute all documents necessary as determined by Lender or HUD and otherwise to comply with Program Obligations for obtaining such an insured loan. 7. Intentionally Omitted. 8. Conveyance by Tenant. If approved in writing by HUD in advance, the Tenant may convey, assign, transfer, lease, sublease or sell all or any part of its leasehold interest in the Property without the need for approval or consent by any other person or entity. Previous editions are obsolete Lease Addendum-Multifamily HUD-92070M (6/18) S (, �1 1 1 A 4 9. Insurance. (a) Insurance policies shall be in an amount, and with such company or companies and in such form, and against such risks and hazards, as shall be approved by Lender and HUD in accordance with Program Obligations. (b) The Landlord shall not take out separate insurance concurrent in form or contributing in the event of loss with that specifically required to be furnished by the Tenant to Lender. The Landlord may at its own expense, however, take out separate insurance which is not concurrent in form or not contributing in the event of loss with that specifically required to be furnished by the Tenant to Lender. 10.Condemnation. (a) If all or any part of the Property or the Improvements or the leasehold estate shall be taken or damaged by condemnation, that portion of any award attributable to the Improvements or the Tenant's interest in the leasehold estate or damage to the Improvements or the Tenant's interest in the leasehold estate shall be paid to Lender or otherwise disposed of as may be provided in the Security Instrument. Any portion of the award attributable solely to the underlying fee estate (exclusive of any Improvements) shall be paid to the Landlord. After the date of taking, the annual ground rent shall be reduced ratably by the proportion which the award paid to the Landlord bears to the total value of the Property as established by the amount HUD is to pay, as set forth in Section 7 of this Lease Addendum. (b) In the event of a negotiated sale of all or a portion of the Property and/or the Improvements, in lieu of condemnation, the proceeds shall be distributed and annual ground rent reduced as provided in cases of condemnation above, but the approval of HUD and Lender shall be required as to the amount and division of the payments to be received. 11.Tenant Default on Ground Lease; Cure Rights; Termination. The Landlord may terminate the Ground Lease prior to the expiration day of the full term of this Ground Lease ("Expiration Date") after a Tenant default under this Ground Lease ("Ground Lease Event of Default"), but only under the following circumstances and procedures. (a) If any Ground Lease Event of Default shall occur, then and in any such event, the Landlord shall at any time thereafter during the continuance of such Ground Lease Event of Default and prior to any cure, give written notice of such default(s) ("Notice of Default") to the Tenant, Lender, and HUD, specifying the Ground Lease Event of Default and the methods of cure, or declaring that a Ground Lease Event of Default is incurable. If the Ground Previous editions are obsolete Lease Addendum-Multifamily HUD-92070M(6/18) 1 1 A 5 Lease Event of Default is a failure to pay money, the Landlord shall specify and itemize the amounts of such default. Failure to pay money shall be specified as a separate default and not combined with a non-monetary Ground Lease Event of Default. (b) Within sixty (60) days from the date of giving the Notice of Default to the Tenant, the Tenant must cure a monetary default by paying the Landlord all amounts specified in the Notice of Default and must cure any specified Ground Lease Event of Default that is capable of being cured within such period. (c) During the period of one hundred-eighty (180) days commencing upon the date Notice of Default received by Lender and HUD, Lender or HUD may: (1) cure any Ground Lease Event of Default; and (2) commence foreclosure proceedings or institute other state or federal procedures to enforce Lender's or HUD's rights with respect to the Property or the Tenant Improvements. (d) If HUD or Lender commences foreclosure or other enforcement action within such one hundred-eighty (180) days, then its cure period shall be extended during the period of the foreclosure or other action and for ninety (90) days after the ownership of the Tenant's rights under the Ground Lease is established in or assigned to HUD or such Lender or a purchaser at any foreclosure sale pursuant to such foreclosure or other action. The transfer of the Tenant's rights under the Ground Lease to Lender, HUD or purchaser, pursuant to such foreclosure or other action shall be deemed a termination of any incurable Ground Lease Event of Default and such terminated Ground Lease Event of Default shall not give the Landlord any right to terminate the Ground Lease. Such purchaser may cure a curable Ground Lease Event of Default within said ninety (90) days. (e) If the Tenant, Lender or HUD reasonably undertake to cure any Ground Lease Event of Default during the applicable cure period and diligently pursues such cure, the Landlord shall grant such further reasonable time as is necessary to complete such cure. If, after the expiration of all of the foregoing cure periods, no cure, or termination of an existing Ground Lease Event of Default has been achieved as aforesaid, then and in that event, the Ground Lease shall terminate, and, on such date, the term of this Ground Lease shall expire and terminate and all rights of the Tenant under the Ground Lease shall cease and the Improvements, subject to the Security Instrument and the rights of Lender thereunder, shall be and become the property of the Landlord. All costs and expenses incurred by or on behalf of the Landlord (including, without limitation, reasonable attorneys' fees and expenses) occasioned by any default by the Tenant under this Ground Lease Previous editions are obsolete Lease Addendum-Multifamily HUD-92070M(6/18) 4 1 1 A 6 shall constitute additional rent hereunder. The Landlord shall have no right to terminate this Ground Lease except as provided in this Section 11. 12.Lender/HUD Option for New Ground Lease. (a) Upon termination of this Ground Lease pursuant to Section 11 above, the Landlord shall immediately seek to obtain possession of the Property and Improvements. Upon acquiring such possession, the Landlord shall notify HUD and Lender in writing. Lender and HUD shall each have six (6) months from the date of receipt of such notice of acquisition to elect to take, as Tenant, a new ground lease on the Property and on the Improvements. (b) Such new ground lease shall have a term equal to the unexpired portion of the term of this Ground Lease immediately prior to such termination and shall, except as otherwise provided herein, be on the same terms and conditions as contained in this Ground Lease, including without limitation, the option to purchase set forth under Section 7 above, except that Lender's or HUD's liability for ground rent shall not extend beyond their occupancy under such ground lease. The Landlord shall tender such new ground lease to Lender or HUD within thirty (30) days after a request for such ground lease and shall deliver possession of the Property and Improvements immediately upon execution of the new ground lease. (c) Upon executing a new ground lease, Lender or HUD shall pay to the Landlord any unpaid ground rent due or that would have become due under this Ground Lease to the date of the execution of the new ground lease, including any taxes which were liens on the Property or the Improvements and which were paid by the Landlord, less any net rentals or other income which the Landlord may have received on account of the Property and Improvements since the date of default under this Ground Lease. 13.Landlord Cooperation for Needed Authorizations. The Landlord agrees that within ten (10) days after receipt of written request from the Tenant, it will join in any and all applications for permits, licenses or other authorizations required by any Governmental Authority in connection with any work which the Tenant may do hereunder and will also join in any grants for easements for electric, telephone, telecommunications, cable, gas, water, sewer and such other public utilities and facilities as may be reasonably necessary in the operation of the Property or of any Improvements and if, at the expiration of such ten (10) day period, the Landlord shall not have joined in any such application, or grants for easements, the Tenant shall have the right to execute such application and grants in the name of the Landlord, and for that purpose, the Landlord hereby irrevocably appoints the Tenant as its attorney-in-fact to execute such papers on behalf of the Landlord, only to the extent that a public body as Landlord may do so within the exercise of its municipal powers and responsibilities. Previous editions are obsolete Lease Addendum-Multifamily HUD-92070M(6/18) 9 1 1 A 14.Taxes. Nothing in this Ground Lease shall require the Tenant to pay any franchise, estate, inheritance, succession, capital levy or transfer tax of the Landlord or any income excess profits or revenue tax, or any other tax, assessment charge or levy upon the rent payable by the Tenant under this Ground Lease. 15.Notices. All notices, demands and requests which are required to be given by the Landlord, Tenant, Lender or HUD in connection with the Ground Lease and this Lease Addendum shall be in writing and shall be sent by registered or certified mail, postage prepaid, and addressed to the address of the party as given in this instrument unless a request for a change in this address has been sent to the party giving the notice by registered or certified mail prior to the time when such notice is given. All notices shall be addressed as follows: If to Lender: PGIM Real Estate Agency Financing, LLC 2100 Ross Avenue, Suite 2500 Dallas, TX 75201 Attn: FHA Servicing If to HUD: 100 S. Charles Street Tower II, Fifth Floor Baltimore, Maryland 21201 Attn: HUD Asset Management If to Tenant: Renaissance Hall at Old Course, LLC C/O Rural Neighborhoods, Inc. 19308 SW 380th Street Florida City, Florida 33034 Attn: Steve Kirk With a copy to: Nelson Mullins Riley & Scarborough LLP 390 N. Orange Avenue, Suite 1400 Orlando, Florida 32801 Attn: Morry Osborn, Esq. If to Landlord: Collier County Collier County Manager's Office 3299 East Tamiami Trail Naples, Florida 34112 Attn: Amy Patterson, County Manager 16.No Merger. There shall be no merger of this Ground Lease or the leasehold estate created by this Ground Lease with the fee estate of the Property or of the Improvements or any interest therein by reason of the fact that the same person or entity may acquire or hold, directly or indirectly, this Ground Lease or the leasehold Previous editions are obsolete Lease Addendum-Mutifamily HUD-92070M (6/18) 1 1 A S estate hereby created or any interest therein and the fee estate of the Property or of the Improvements. No such merger shall occur unless and until HUD specifically consents and agrees in writing to such merger. Each signatory below hereby certifies that each of their statements and representations contained in Ground Lease and this Lease Addendum and all their supporting documentation thereto are true, accurate, and complete. This Lease Addendum has been made, presented, and delivered for the purpose of influencing an official action of HUD in insuring the Loan, and may be relied upon by HUD as a true statement of the facts contained therein. IN WITNESS WHEREOF, the parties hereto have executed this Lease Addendum as of the day and year first written above. [SIGNATURE PAGES FOLLOW] Previous editions are obsolete Lease Addendum-Multifamily HUD-92070M(6/18) °b. 1 1 A 9 AS TO THE TENANT: Renaissance Hall at Old Course, LLC. a Florida limited liability company fitness (signature) By: St en Kir , President 1 S,A 10 rf.e-5 (print name) v�L� Witness (signature) \"ctlatoL, Act (print name) [SIGNATURE PAGES FOLLOW] Previous editions are obsolete Lease Addendum-Multifamily HUD-92070M(6/18) 1 1 A 10 BOARD OF COUNTY COMMISSIONERS, AS TO THE LANDLORD: COLLIER COUNTY, FLORIDA ATTEST: t ;.. CRYSTAL' 1, Clerk By: Chr -Iall7 CHAIRMAN ` y est as to airman EP TY signature only' ' Approved as form and lega t y: Sally r, ssistant County Attorne( j\ • Previous editions are obsolete Lease ncdendum-Multifamily HUD-92070M(6/18) 01 1 1 A COLLIER COUNTY STANDARD FORM LONG-TERM GROUND LEASE (Phase 2) ty+ This Long-Term Ground Lease ("Ground Lease") is made effective the au day of a.�cln , 2024 (the "Effective Date"), by and between Renaissance Hall Senior Living, LLLP, a Florida limited partnership ("Lessee or Developer"), and Collier County, a political subdivision of the State of Florida ("Lessor or County"). Lessor and Lessee may sometimes be referred to herein as "Parties". Lessee is a special purpose entity of Rural Neighborhoods, Inc., a Florida not-for-profit corporation, and the sole member of Lessee ("Rural"). RECITALS: WHEREAS, the Lessor is the owner of certain real property that is more commonly described as the Golden Gate Golf Course as Parcel Number 36560040008 by the Collier County Property Appraiser located in the Collier County, Florida 34104 ("Premises"); and WHEREAS, on December 13, 2019, the Board of Collier County Commissioners ("Board") issued Invitation to Negotiate (ITN) #20-7698 "Housing and Land Development Component at the Former Golden Gate Golf Course" ("Solicitation"); and WHEREAS, on June 9, 2020, Rural was selected by the Board to enter into negotiations for development of a portion of Premises pursuant to the Solicitation; and WHEREAS, Rural is organized for charitable and lawful purposes not for pecuniary profit under Chapter 617, Florida Statutes, including, but not limited to, the lessoning the burdens of government through community redevelopment and the provision of housing; and WHEREAS, Rural Neighborhoods is considered Federally tax-exempt under Section 501(C)(3)of the Internal Revenue Code and must not be operated for the benefit of private interests nor may the net earnings of the organization inure to the benefit of any private shareholder or individual; and WHEREAS, on November 10, 2020, the Board entered in Developer Agreement with Rural which memorialized the terms and conditions for development of a portion of the Premises under a 99-year lease to construct rental apartments to meet a crisis in the affordability and availability of senior, veterans, and essential service personnel such as health care workers, educational staff and first responders that impacts the economic, commercial, and residential development of the community (the "Development", and as it relates to this Ground Lease, the "Project"); and WHEREAS, on April 25, 2023, the Board executed a First Amendment to Developer Agreement amending the legal description identified as Exhibit A to the Developer Agreement, and amending the unit total and types as set forth in Exhibit B to the Developer Agreement; and WHEREAS, the Developer Agreement allows the Developer to construct the Development in phases and to have each ground lease in the name of a related entity; and CAn 1 1 A WHEREAS, on the execution date hereof, the Board executed a Second Amendment to Developer Agreement amending the legal description, identified as Exhibit A to the Developer Agreement,to identify an Essential Services Phase 1 ("Phase 1") and a Senior Phase 2 ("Phase 2") legal description; and WHEREAS, the phased development of the Property necessitates the involvement of different lenders for Phase 1 and Phase 2, and the Parties desire this Ground Lease to relate specifically to Phase 2, and on the execution date hereof, the Parties have executed that certain Collier County Standard Form Long-Term Ground Lease relating specifically to Phase 1; and WHEREAS, Section 16 of this Ground Lease anticipates a special purpose entity ("SPE") of Rural as the Lessee of this Ground Lease and that SPE is the Lessee herein; and WHEREAS, it is the Board's finding that it is in the public interest to implement the Developer Agreement with terms and conditions set forth below and at the conclusion of this Ground Lease the land and improvements shall revert to Collier County. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the Parties, and in consideration of the covenants contained herein, the Parties hereby enter into this Ground Lease on the following terms and conditions: 1. Conveyance. On the terms and conditions set forth in this Ground Lease, and in consideration of Lessee's performance under this Ground Lease, the Lessor conveys to the Lessee the present possessory interest in the land described below. 2. Description of Leased Land. The land being leased to Lessee pursuant to this Ground Lease,has a legal description set forth in Exhibit A,annexed hereto and made a part hereof, and is hereinafter referred to as the "Leased Land," and is a portion of the Premises. 3. Conditions to Conveyance. Lessee warrants and represents to Lessor that it has examined the title and boundaries of the Leased Land. Accordingly, this conveyance is subject to all of the following: (a) Any and all conditions, restrictions, encumbrances and limitations now recorded against the Leased Land, together with any beneficial easements granted herein; (b) Any and all existing zoning laws or ordinances; and (c) Lessee's satisfactory performance of all terms and conditions of this Ground Lease. 4. Use of Leased Land. The purpose of this Ground Lease is for Lessee to provide affordable housing which use the Board of County Commissioners has found to be in the public's interest. Accordingly, Lessee, together with all successors and assigns (including but not limited to a Leasehold Mortgagee, or its nominee or designee), shall utilize the Leased Land in strict cA0 1 1 A accordance with the Rural's Response to Invitation to Negotiation 20-7698, and Developer Agreement, as amended and as summarized in Exhibit B, annexed hereto and made a part hereof, as allocated to the Phase 2 Project(i.e.,to build one or more buildings with a total of One Hundred (100) to One Hundred Twenty (120) residential dwelling units with on grade parking, together with ancillary uses and/or amenities incident thereto to be solely utilized for the uses described in Exhibit B), subject to Sections 5 and 16 hereof In the event Lessee shall cease to use the Leased Land after completion of the Project for the purposes described in Exhibit B, and such cessation of use shall continue for a period of twelve (12) consecutive months, this Ground Lease, at the option of the Lessor, shall be terminated and Lessee shall surrender and vacate the Leased Land to the Lessor within thirty (30) days after notice of such termination, unless Lessee shall re- commence operations within such thirty (30) day period. Notwithstanding the foregoing, said thirty (30) day period shall be tolled if such cessation is caused by events beyond the control of the Lessee such as Force Majeure (as hereinafter defined), casualty or if such cessation is due to temporary closing for reconstruction or repairs to the Project, or any portion thereof. 5. Phased Development. The Project may be constructed in phases (each, a "Phase" and collectively,the"Phases"). Consistent with Section 16 of this Ground Lease, Lessee, with the prior written notice to the Lessor, may delegate its authority to develop one or more of the Phases of the Project by sublease, partial assignment, assignment, or joint venture as approved by the Board of County Commissioners. Such delegation shall not relieve Lessee of its obligation under this Ground Lease. As used in this Ground Lease, the term "Developer" shall refer to Lessee or any assignee, successor, sublessee, co-developer or joint venture of Lessee, involved in the development of the Project or any portion thereof Upon approval of the plans, specifications, and permits by the authorities having jurisdiction over the Project (the "Governmental Authorities") and approval of financing by lenders and/or investors, as applicable, the Developer shall promptly construct the Project. In so doing, the Developer shall: (a) comply with the permits and all other applicable laws, approvals, codes and requirements of orders promulgated by all Governmental Authorities (the "Approvals"), (b) perform all work in a safe and workmanlike manner, and (c) ensure construction commences and is substantially complete in accordance with the Approvals. 6. Developer's Obligation to Build and Modifications to Project. Developer shall design,permit and construct in compliance with all applicable governmental regulations, at its sole cost and expense, the Project. The plans, specifications and building design for the Developer's improvements ("Improvements") to be constructed on the Leased Land are subject to reasonable approval by Lessor. Prior to applying for any building permit for improvements to the Leased Land, Developer shall submit to Lessor for its approval such plans and specifications necessary to obtain a building permit for Developer's intended improvements. Lessor shall have thirty(30)days after receipt of any submittal by Developer to review Developer's submittals and provide a written response as to whether the submittal is approved as submitted, not approved as submitted (which disapproval shall specify the reasons therefor), or Lessor may provide Developer with requested changes.Any plans and specifications presented to Lessor for approval for the Project or any Phase thereof shall be deemed approved if not disapproved in writing by Lessor within such thirty (30) day period. If the submittal is not approved or if Lessor requests changes, Developer shall submit revised plans that will meet with Lessor's reasonable approval or incorporate the requested changes into the plans. If Developer determines not to revise its plans for any Phase of the Project in accordance with this Section, then Developer may terminate its sublease or sub-sublease or reassign its lease to Lessee. Developer may make nonmaterial changes to the approved plans from (; )0 1 1 A time to time to accommodate site issues or operating changes to Developer's use of the Leased Land. Material changes from the approved plans will require Lessor's written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Lessor will provide Developer with requisite authorization to apply for permits once plans are determined to be acceptable by Lessor. All plans shall be in conformity with Collier County standards. Within 90 days of the Effective Date, Developer agrees to provide a timeline of the anticipated schedule for the Phase 2 Project and will provide the Lessor with any significant changes to such schedule. Under the terms of the Phase 1 ground lease, if the Phase 1 developer commences construction on the Phase 1 Essential Services project within twelve (12) months following the date of receipt of a commitment for funding ("Phase 1 Funding Date"), the Phase 2 Developer is granted a period of twelve (12) months from such Phase 1 Funding Date to obtain a written commitment of project funding for this Phase 2 Project ("Funding Commitment"). Developer shall secure the Funding Commitment within twelve (12) months following the Phase 1 Funding Date. If Developer is unable to secure the Funding Commitment within such time period, Lessor may exercise its option to terminate this Ground Lease or, at its sole discretion, Lessor may grant additional time to Developer to secure the Funding Commitment. The above referenced deadline may be extended at the discretion of the Board of County Commissioners. Upon commencement of construction of each Phase, Developer shall diligently pursue said construction of such Phase to completion and complete said construction on or before twenty-four (24) months from commencement of construction, subject to delays beyond the control of the Developer, including Force Majeure. Developer shall be solely responsible for the costs of repairing any damage (other than ordinary wear and tear) to Lessor's water and sewer facilities or other infrastructure located within the Leased Land resulting from construction or use by such Developer, its agents, officers or employees. Prior to commencement of construction of any Phase of the Project, Developer must demonstrate to Lessor that it has sufficient funds or commitments therefor necessary to complete such Phase of the Project,and Developer shall,prior to construction commencement of each Phase, cause its general contractor to post a payment and performance bond or like security in form and substance satisfactory to the County in amount equal to one hundred percent (100%) of the construction costs for such Phase of the Project as certified by Developer's engineer of record or general contractor, which shall be issued by a surety having a credit rating of"A" or higher. Any entitlements, permits, and/or easements that are necessary to construct and use the Project as set forth in Exhibit "B" shall be pursued by Developer. Lessor will join in or otherwise authorize Developer to pursue such applications. Developer shall pursue such applications with reasonable diligence and in a timely and commercially reasonable manner consistent with the prevailing standard of practice applicable to handling and processing land use matters in Collier County, Florida. 7. Term of Ground Lease. The term of this Ground Lease shall commence on the Effective Date and, unless terminated earlier by the Parties in accordance with the terms hereof, shall terminate on the ninety-ninth(99th)year anniversary from the Effective Date ("Term"). There is no option to renew. If Lessee holds over after the expiration of the lease Term, such tenancy shall be from month to month under all of the terms, covenants and conditions of this Ground cAO 1 1 A Lease subject, however, to Lessor's right to seek legal relief to eject Lessee from the Leased Land as a holdover. 8. Rent.The Lessee agrees to pay the Lessor the sum of$10.00 per annum, in advance, for each year of the Term, which may, at Lessee's option, be prepaid at any time for the remainder of the Term. 9. Net Lease. This is a fully net lease, with Lessee responsible for all its costs, fees and charges concerning the Leased Land. Accordingly, Lessee shall promptly pay when due and prior to any delinquency all such costs, fees, taxes, permit, trash removal services, assessments, utility charges, impact fees and obligations of any kind that relate to the Leased Land. Lessee will indemnify and hold Lessor harmless from any and all actual claims, costs and obligations arising from Lessee's use of the Leased Land other than attributable to Lessor. In case any action or proceeding is brought against Lessor by reason of Lessee's use of the Leased Land, Lessee shall pay all costs, reasonable attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if Lessor shall so request other than attributable to Lessor, at Lessee's expense, by counsel reasonably satisfactory to Lessor. It is specifically agreed however, that Lessor may at its own cost and expense participate in the legal defense of such claim, with legal counsel of its choosing. 10. Liens and Mortgages. a) With the exception of land use restrictions required for grant funding and impact fee waiver, Lessor shall not in any way encumber or lien the Leased Land and shall promptly remove any and all encumbrance or liens it placed against the Leased Land of its doing. With exception of the aforementioned land use restrictions, all persons are put on notice that the interest of the Lessee in the Leased Land shall not be subject to liens or encumbrances made by the Lessor. b) Lessor acknowledges and agrees that it will not be possible for Developer to construct the Project without obtaining a loan or loans from one or more lenders secured by mortgage(s) on Lessee's or Developer's leasehold interest in the Leased Land (each, a"Leasehold Mortgagee")and/or equity investments from one or more Equity Investors(as hereinafter defined). Therefore, Lessor hereby covenants and agrees that its interest in this Ground Lease is and shall be subject to, subordinate and inferior to any loan obtained by the Developer for the purpose of financing the development and/or operation of the Project, and to the lien of Leasehold Mortgagee ("Leasehold Mortgage"), assignments of rents and leases, security agreements, and other collateral, security documents or instruments required by any Leasehold Mortgagee, and to all renewals, extensions, modifications, consolidations, replacements and refinancing and to all advances made or hereafter to be made upon the security of the Leasehold Mortgage, assignments of rents and leases, security agreements, and other collateral, security documents or instruments. Lessor shall, at Developer's request,join, execute and/or deliver any and all Leasehold Mortgages, assignments of rents and leases, security agreements, and other collateral, security documents or instruments as may be required by such lender or lenders in order to subject and subordinate the Lessor's interest in this Ground Lease to the lien of such documents or instruments, and upon Developer's request shall join, execute and/or deliver any and all such further instruments or assurances as any such lender or lenders may reasonably deem necessary to evidence or confirm GAO dr 1 1 A the subordination of this Ground Lease or, to the extent not prohibited under the law, allowed the encumbrance of the Lessor's interest herein to the lien of any such Leasehold Mortgage, assignments of rents and leases, security agreements, and other collateral, security documents or instruments. Provided, however, and notwithstanding anything contained herein to the contrary, Lessor shall not be required to suffer, incur, accept or assume any personal liability for any such financing, loans or indebtedness, or any costs or expenses thereof, or any other indebtedness or liability of Developer thereunder, and any Leasehold Mortgage, assignments of rents and leases, security agreements, and other collateral, security documents or instruments of any nature whatsoever which the Lessor may be called upon to join,execute and/or deliver under and pursuant to this section shall expressly exculpate Lessor from and against any and all such personal liability. Lessee may, without Lessor's consent, assign or mortgage this Ground Lease (including any options it contains) to any Leasehold Mortgagee under a Leasehold Mortgage. A Leasehold Mortgagee (and anyone whose title derives from a Leasehold Mortgagee) may, without Lessor's consent, hold a foreclosure sale or exercise the power of sale, take title to this Ground Lease, and transfer or assign this Ground Lease, either in its own name or through a nominee. For the avoidance of doubt, Lessee acknowledges and agrees that Lessor's Fee Estate shall not be subject to any foreclosure by the Leasehold Mortgagee or by any other mortgagee that may have an interest in the Leased Land. Nothing in this section shall be construed as a waiver of Lessor's rights under Chapter 713, Florida Statutes. c) Lien and Encumbrance. Developer may encumber or lien this Ground Lease with any encumbrance, inchoate lien for taxes or municipal obligations, utility and access easements, affordability covenants, restrictions required by Section 42 of the Internal Revenue Code of 1986, as amended, other encumbrances incurred in the ordinary course of business of Developer, and other matters set forth in policy for title insurance insuring Developer's interest in this Ground Lease. d) Rights of Leasehold Mortgagee. Upon foreclosure or assignment in lieu of foreclosure of the Leasehold Estate, pursuant to the terms of the applicable Leasehold Mortgage, the most senior Leasehold Mortgagee shall have the right to acquire this Ground Lease in its own name or the name of a nominee without consent or approval of Lessor. In the event that Lessee's interest hereunder is acquired by a Leasehold Mortgagee, or its nominee or designee, then such Leasehold Mortgagee, or its nominee or designee, shall also have the right to further assign or sublet the Leasehold Estate hereunder to a third party without the consent or approval of Lessor. e) Non-Merger. This Ground Lease shall not terminate as to the Leasehold Mortgage because of any conveyance of leasehold interest in this Ground Lease to Lessor or of the Lessor's interest hereunder to the Lessee. Accordingly, if this Ground Lease and the Fee Estate in the Leased Land are commonly held, then they shall remain separate and distinct estates. They shall not merge without consent by all Leasehold Mortgagees. 11. Lessee's Obligation to Maintain Leased Land and Improvements and Comply with All Lawful Requirements. Lessee, throughout the Term of this Ground Lease, at its own cost, and without any expense to the Lessor, shall keep and maintain the Leased Land and Improvements in good, sanitary and neat order, condition and repair, and shall abide with all applicable lawful requirements. If the Leased Land and Improvements are not in such compliance in the reasonable opinion of Lessor, Lessee will be so advised in writing. If corrective action is not begun within CA0 1 1 A thirty (30) days of the receipt of such notice Lessee shall be subject to applicable fines or penalties • available under Collier County law. 12. Quiet Enjoyment. Lessee shall be entitled to quiet enjoyment so long as Lessee is not in default under Section 18 hereunder, on any of the terms of this Ground Lease. Accordingly, Lessee shall have the exclusive right to use the Leased Land during the Term. During the Term, Lessee may, in its sole discretion, construct, improve, alter, maintain, or renovate the Project. Any such work may be undertaken by Lessee at any time or times during the Term hereof and no consent or approval of Lessor shall be required unless such work consists of major alterations from plans and specifications originally approved by Lessor as more fully provided for herein. Lessor agrees to co-operate with Lessee in connection with the construction and agrees to execute any documents required by governmental authorities and any lender or investor evidencing Lessee's rights hereunder and consenting to such work. During the Term of this Ground Lease, Lessee may erect appropriate signage on the Leased Land and the improvements constructed by Lessee thereon. Any such signage shall be in compliance with all applicable codes and ordinances. 13. Casualty and Condemnation. (a) Casualty. If any Phase of the Project is destroyed, or damaged to any extent by fire or other casualty, and Lessee shall apply any insurance proceeds ("Proceeds")to rebuild or restore the Leased Land to substantially its condition prior to such casualty event,unless the Lessee provides the Lessor with a written determination that rebuilding or restoring the Leased Land to such a condition with Proceeds within a reasonable period of time is impracticable or would not be in the best interests of the Lessee. If the Lessee elects not to repair or replace the improvements, then Lessee or Lessor may terminate this Ground Lease as to the Phase or Phases affected by the casualty by providing notice to the other party within ninety (90) days after the occurrence of such casualty. The termination will be effective on the ninetieth (90th) day after Lessee makes such election, unless extended by mutual written agreement of the Parties. During the period between the date of such casualty and the date of termination, Lessee will cease its operations as may be necessary or appropriate. If this Ground Lease is not terminated as set forth herein, or if the Leased Land is damaged to a less than material extent, as reasonably determined by Lessee, Lessee will proceed with reasonable diligence,at no cost or expense to Lessor, to rebuild and repair the Leased Land to substantially the condition as existed prior to the casualty. The Proceeds shall be paid to Lessee, or as otherwise directed by Leasehold Mortgagee. (b) Condemnation. Lessee may terminate this Ground Lease as part of a condemnation Project, and Developer may terminate its sublease or sub-sublease as part of a condemnation of its respective Phase of the Project. 14. Access to Leased Land. Lessor, its duly authorized agents, contractors, representatives and employees, shall have the right after forty-eight (48) hour written notice to Lessee, to enter into and upon the Leased Land during normal business hours, or such other times with the consent of Lessee, to inspect the Leased Land, verify compliance with the terms of this Ground Lease, or make any required repairs not being timely completed by Lessee, provided, if Lessor wishes to access/enter any residential unit, it must do so in compliance with the applicable residential lease. Cp,O 1 1 A 15. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within thirty (30) days after termination of the lease Term,Lessee shall redeliver possession of the Project to Lessor in good condition and repair subject to normal wear and tear. Lessee shall have the right at any time during Lessee's occupancy of the Leased Land to remove any of its personal property, equipment, and signs provided,however, at the termination of this Ground Lease,Lessor shall have the option to demolish and remove all improvements made by Lessee to the Leased Land upon Lessee's vacation thereof, or to retain said improvements with fixtures on the Leased Land which improvements and fixtures will become the property of the Lessor upon Lessee's vacation of the Leased Land. 16. Assignment or Sublease. Lessor acknowledges that sources of public or private financing including, but not limited to, Florida Housing Finance Corporation may require Developer to form one or more single purpose entities (each, an "SPE")to seek and secure funding for portions of the Project. Lessee may assign this Ground Lease, or a portion of the Leased Land, without the prior written consent of the Lessor to the SPE whose manager, authorized member or general partner shall be an"Affiliate" of Lessee. "Affiliate" is herein defined as a SPE controlled, through membership or general partnership interest,by Lessee. Lessee must provide written notice to Lessor of any assignment to an Affiliate within thirty (30) days of such conveyance. During the Term of this Ground Lease,Lessee upon the prior written approval of the Lessor,which approval shall not be unreasonably withheld or delayed, shall be permitted from time to time, to assign or otherwise transfer all or any portion of its rights under this Ground Lease to an SPE or such other organizations, firms, corporations, general or limited partnerships, unincorporated associations,joint ventures, estates, trusts, or any other entities as Lessee shall select, subject to the following conditions, by virtue of an assignment, partial assignment, or sublease (each, a "Transfer"): a) Lessee shall not be in default under this Ground Lease at the time of such Transfer; b) Any Transfer of all or any part of Lessee's interest in this Ground Lease and the Leased Land shall be made expressly subject to the terms, covenants and conditions of this Ground Lease, and such assignee or sublessee shall expressly assume all of the obligations of Lessee under this Ground Lease applicable to that portion of the Leased Land being assigned or transferred, and agree to be subject to all conditions and restrictions to which Lessee is subject, but only for matters accruing while such transferee holds the transferred interest. c) There shall also be delivered to Lessor a notice which shall designate the name and address of the transferee and the post office address of the place to which all notices required by this Ground Lease shall be sent. d) Such transferee has experience successfully operating and maintaining properties similar to the Project. e) Such transferee of Lessee (and all succeeding and successor transferees) shall succeed to all rights and obligations of Lessee under this Ground Lease with respect to the portion of the Leased Land so transferred, and subject to the terms of the document of Transfer, 0,0 1 1 A including the right to mortgage, encumber and otherwise assign and transfer. As between Lessee and the transferee, the assignment or sublease shall allocate such portion, if any, of the Rent and any other payments and obligations under this Ground Lease to be paid or provided to Lessor by the transferee. f) Such transferee of Lessee (and all succeeding and successor transferees) shall succeed to all rights and obligations of Lessee under the Income Sharing Agreement dated , of 2024, and shall honor the terms and conditions therein. g) Once a Transfer has been made with respect to any portion of the Leased Land, the transferee and Lessor may thereafter modify, amend or change this Ground Lease with respect to such portion of the Leased Land, so long as Lessee has been released from all rights and obligations under this Ground Lease pertaining to the transferred portion of the Leased Land, all subject to the provisions of the assignment or transfer, so long as they do not diminish or abrogate the rights of Lessee (or anyone claiming through Lessee) as to any other part of the Leased Land, and no such modification, amendment or change shall affect any other part of the Leased Land or this Ground Lease thereof. h) Except as may otherwise be specifically provided in this Section 16, upon a Transfer, such transferor shall be released and discharged from all of its duties and obligations hereunder which pertain to the portion of the Leased Land transferred for the then unexpired Term of this Ground Lease. i) Any act required to be performed by Lessee pursuant to the terms of this Ground Lease may be performed by any transferee of Lessee and the performance of such act shall be deemed to be performed by Lessee and shall be accepted by Lessor as Lessee's act, provided such act is otherwise performed in accordance with the terms of this Ground Lease. References in this Ground Lease to "Lessee" shall be deemed applicable to a sublessee or assignee, as well as to the Lessee named in the introductory paragraph. j) Lessee shall provide Lessor with copies of all subleases and sub-subleases entered into during each quarter. Lessor agrees to grant non-disturbance agreements for sublessee(s) and/or sub-sublessee(s) which provide, in the event of a termination of this Ground Lease which applies to the Phase or portion of the Leased Land covered by such sublease and/or sub-sublessee, due to a Default by Lessee, such sublessee and/or sub-sublessee will not be disturbed and will be allowed to continue peacefully in possession directly under this Ground Lease as the successor Lessee, provided that the following conditions are met: (a) any sublessee and/or sub-sublessee shall be in compliance with the terms and conditions of its sublease; and (b) any sublessee and/or sub-sublessee shall agree to attorn to Lessor. 17. Insurance. (a) Lessee shall maintain general liability and property liability insurance policy(ies), for not less than Five Million and 00/100 Dollars ($5,000,000.00) combined single limits during the Term of this Ground Lease (which may be through an umbrella or excess liability policy). If such amounts are less than required by Leasehold Mortgagee, Lessee shall comply with the amount required by Leasehold Mortgagee. GAS 1 1 A (b) From the completion of the first Phase of the Project, Lessee shall also maintain standard fire and extended coverage insurance on the additions and improvements located on the Leased Land and all of Lessee's property located on or in the Leased Land including, without limitation, furniture, equipment, fittings, installations, fixtures (including removable trade fixtures), personal property and supplies, in an amount not less than the then-existing full replacement value,but in no case less than the amount required by the Leasehold Mortgagee. From the completion of the first Phase of the Project, Lessee shall maintain flood insurance for no less than the Federal Maximum limits required for any building that is located within a flood zone. (c) All of the above-described liability insurance policy(ies) shall list and continuously maintain Lessor as an additional insured thereon. The property insurance policy shall list the Lessor as its interest may appear. Evidence of such insurance shall be provided to Lessor and the Collier County Risk Management Department, 3311 Tamiami Trail East—Bldg. D, 34112 Naples, Florida, 34112,prior to the insurance taking effect; and shall include a provision requiring not less than ten (10) days prior written notice to Lessor in the event of cancellation or material reduction in policy(ies) coverage. The issuer of any policy must have a Certificate of Authority to transact insurance business in the State of Florida and must be rated "A" or better in the most current edition of Best's Insurance Reports. Each insurer must be responsible and reputable and must have financial capacity consistent with the risks covered. Each policy must contain an endorsement to the effect that the issuer waives any claim or right of subrogation to recover against Lessor, its employees, representatives and agents. (d) Failure to continuously abide with all of these insurance provisions shall be deemed to be a material breach of this Ground Lease and Lessor shall have the remedies set forth below. 18. Defaults and Remedies. (a) Defaults by Lessee. The occurrence of any of the following events set forth below without such event being cured or remedied will constitute a "Default by Lessee" to the greatest extent then allowed by law: (i) Lessee's abandonment of Leased Land and its determined non-use continues for ninety (90) consecutive days and discontinuation of Lessee's operation. (ii) Lessee's failure to commence construction on the Phase 1 Project within six (6) months following receipt of the Funding Commitment. (iii) Lessee's failure to complete construction on the Phase 1 Project within twenty-four(24) months from commencement of construction. (iv) After construction completion of any Phase of the Project, Lessee's failure to utilize such Phase of the Leased Land as set forth in Exhibit B,which continues for more than one (1) year after such failure-subject to the provisions in Section 4 above. (v) Any lien, other than those permitted encumbrances under Section 10, is filed against the Lessee's interest on the Fee Estate, and the same remains unreleased for a CAO 1 1 A period of sixty (60) days from Lessee's notice unless within such period Lessee is contesting in good faith the validity of such lien and such lien is appropriately bonded. (b) Remedies of Lessor. (i) In ethe event of any Default(s) by Lessee, Lessor, may apply all rights under this Ground Lease, by law and equity against the Lessee; provided, however, that (A) Lessor shall have first provided written notice of any Lessee Default(s) to Lessee, along with all Leasehold Mortgagees or each equity investor in an SPE to which this Ground Lease is assigned (either in whole or in part) or to which a portion of the Leased Land is subleased (each, an"Equity Investor"), which parties shall be provided an additional ninety (90) days to cure such Default(s) by Lessee before Lessor may exercise its remedies in this section, and (B) any rights of Lessor shall be exercised only with respect to the Phase or other applicable portion of the Leased Land with respect to which such Lessee Default occurred, and not any other Phase. (ii) If Lessee fails to cure within the time frames specified in this section, Lessor may, at its option, terminate this Lease, in which event Lessee shall immediately surrender the Premises to Lessor. (iii) If Lessee fails to promptly pay, when due, the rent or any other sum payable to Lessor under this Ground Lease, and if said sum remains unpaid for more than ten(10) days past the due date, the Lessee shall pay Lessor a late payment charge equal to five percent (5%) of each such payment not paid promptly and in full when due. Any amounts not paid promptly when due shall also accrue compounded interest of two (2%) percent per month or the highest interest rate then allowed by Florida law, whichever is higher ("Default Rate"), which interest shall be promptly paid by Lessee to Lessor. (iv) In the event of a Default by Lessee, Lessor may sue for direct, actual damages arising out of such Default by Lessee or apply for injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Lessee under this Ground Lease, or otherwise. Lessor shall be entitled to reasonable attorney's fees and costs incurred arising out of Lessee's default under this Ground Lease. (c) Default by Lessor. Lessor shall in no event be charged with default in the performance of any of its obligations hereunder unless and until Lessor shall have failed to perform such obligations within thirty (30)days(or such additional time as is reasonably required to correct such default, but not to exceed an additional ninety (90) days) after written notice to Lessor by Lessee properly and in meaningful detail specifying wherein, in Lessee's judgment or opinion, Lessor has failed to perform any such obligation(s). (d) No Remedy Exclusive. No remedy herein conferred upon or reserved to either party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy will be cumulative and in addition to every other remedy given under this Ground Lease or hereafter existing under law or in equity. No delay or omission to exercise any right or power accruing upon any event of default will impair any such right or power nor be construed to be waived, but any such right and power maybe exercised from time to time and as often as may be deemed expedient. cAO 1 1 A (e) Non-Waiver. Every provision hereof imposing an obligation upon Lessee is a material inducement and consideration for the execution of this Ground Lease by Lessee and Lessor. No waiver by Lessee or Lessor of any breach of any provision of this Ground Lease will be deemed for any purpose to be a waiver of any breach of any other provision hereof or of any continuing or subsequent breach of the same provision, irrespective of the length of time that the respective breach may have continued. Miscellaneous Legal Matters 19. This Ground Lease shall be construed by and controlled under the laws of the State of Florida. In the event of a dispute under this Ground Lease,the Parties shall first use the County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action in the Circuit Court of Collier County to enforce the terms of this Ground Lease, which Court the Parties agree to have the sole and exclusive jurisdiction. 20. Other than that certain Developer Agreement dated as November 10, 2020, as amended,this Ground Lease contains the entire agreement of the Parties with respect to the matters covered by this Ground Lease and no other agreement, statement or promise made any party, or to any employee, officer or agent of any party, which is not contained in this Ground Lease shall be binding or valid. In the event of a conflict between the Developer Agreement and the Ground Lease, the Ground Lease shall prevail. Time is of the essence in the doing, performance and observation of each and every term, covenant and condition of this Ground Lease by the Parties. 21. In the event state or federal laws are enacted after the execution of this Ground Lease, which are applicable to and preclude in whole or in part the Parties' compliance with the terms of this Ground Lease, then in such event this Ground Lease shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Ground Lease. 22. Except as otherwise provided herein, this Ground Lease shall only be amended by mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder shall be given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by certified mail. If given by certified mail, the notice shall be deemed to have been given when received or first required. For the purpose of calculating time limits which run from the giving of a particular notice the time shall be calculated from actual receipt of the notice. Time shall run only on business days which, for purposes of this Ground Lease shall be any day other than a Saturday, Sunday or legal public holiday. Notices shall be addressed as follows: If to Lessor: County Manager Collier County Manager's Office 3299 East Tamiami Trail Naples, Florida 34112 If to Lessee: Renaissance Hall Senior Living, LLLP C/O Rural Neighborhoods, Inc. GAO 1 1 A 19308 SW 380th St., Florida City, FL 33034 Attention: Steven Kirk with a copy to: Nelson Mullins Riley Scarborough LLP 390 N. Orange Ave., Suite 1400 Orlando, Florida 32801 Attention: Morry Osborn, Esq. Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 23. Lessee is an independent contractor and is not any agent or representative or employee of Lessor. During the Term of this Ground Lease, neither Lessee, nor anyone acting on behalf of Lessee, shall hold itself out as an employee, servant, representative or agent of Lessor. Neither party will have the right or authority to bind the other party without express written authorization of such other party to any obligation to any third party. No third party is intended by the Parties to be a beneficiary of this Ground Lease or to have any rights to enforce this Ground Lease against either party hereto or otherwise. Lessee acknowledges that Lessor is not providing any vacation time, sick pay, or other welfare or retirement benefits normally associated with an employee-employer relationship and that Lessor excludes Lessee and its employees from participation in all health and welfare benefit plans including vacation, sick leave, severance, life, accident, health and disability insurance, deferred compensation, retirement and grievance rights or privileges. 24. Neither party to this Ground Lease will be liable for any delay in the performance of any obligation under this Ground Lease or of any inability to perform an obligation under this Ground Lease if and to the extent that such delay in performance or inability to perform is caused by an event or circumstance beyond the reasonable control of and without the fault or negligence of the party claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action, economic sanction or embargo, civil strike,work stoppage, slow-down or lock-out,explosion,fire, earthquake, severe weather condition, hurricane, flood, lightning, wind, drought, pandemics, or the binding order of any governmental authority. 25. Lessee will not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the Leased Land, nor permit employees, representatives, agents, contractors, sub-contractors, sub-sub-contractors, material men and/or suppliers to engage in such activities upon or about the Leased Land except in the ordinary course of business. 26. In compliance with Section 404.056, Florida Statutes, all Parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. cA0 H A 27. The Lessor agrees to reasonably cooperate with any audits that are required to be conducted in accordance with the provisions set forth in Florida Statutes, Section 20.055(5). 28. Lessee shall execute this Ground Lease prior to it being submitted for approval by the Board of County Commissioners. A memorandum of this Ground Lease may be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Ground Lease, at Lessee's sole cost and expense. 29. Lessor acknowledges that Lessee's Leasehold Mortgagee or Equity Investor may request changes to this Ground Lease. Lessor agrees to reasonably amend this Ground Lease as necessary to accommodate the Leasehold Mortgagee and/or Equity Investor. 30. In addition to any rights of the Leasehold Mortgagee or Equity Investor, if, within ninety (90) days after the mailing of any notice of termination or such later date as is thirty (30) days following the expiration of the cure period, if any, afforded Lessee, such Leasehold Mortgagee or Equity Investor cure Default by Lessee, Lessor agrees to accept such cure as though tendered by Lessee, in which event, this Ground Lease shall be restored to good standing. 31. Subject to the rights of any Leasehold Mortgagee or Equity Investor to effectuate a cure following a Default under the Lease by the Lessee, any easements granted in accordance with this Ground Lease shall remain in effect for the term of the Ground Lease; however, upon the termination of the Ground Lease, the County, at its sole option, shall have the unilateral right to terminate such easements and to unilaterally record a termination document evidencing the same in the Public Records of Collier County. 32. Notwithstanding anything to the contrary herein, during the Term of this Ground Lease,the Lessor shall not transfer, encumber or otherwise dispose of the Fee Estate or the Leased Land or any interest therein without the prior written consent of the Lessee, Equity Investor, and all Leasehold Mortgagees. 33. This Ground Lease may be modified by virtue of the powers and authority vested in the Collier County Manager, Collier County, or Board of County Commissioners. 34. Each party hereto shall, at any time and from time to time within ten(10) days after being requested to do so by the other party, any Leasehold Mortgagee or Investor in writing, execute, acknowledge, and address and deliver to the requesting party (or, at the latter's request, to any existing or prospective mortgagee, transferee, Investor or other assignee of the requesting party's interest in the Leased Land or under this Ground Lease which acquires such interest in accordance with this Ground Lease),a certificate in recordable form,certifying(a)that this Ground Lease is unmodified and in full force and effect (or, if there has been any modification thereof, that it is in full force and effect as so modified, stating therein the nature of such modification); (b) that Lessee has accepted possession of the Leased Land, and the date on which the Term commenced; (c) as to the dates to which rent and other charges arising hereunder have been paid; (d) as to the amount of any prepaid rent or any credit due to Lessee hereunder; (e) as to whether, to the best of such party's knowledge, information and belief,the requesting party is then in default in performing any of its obligations hereunder (and, if so, specifying the nature of each such default); and (f) as to any other fact or condition reasonably requested by the requesting party; and CAO 1 1 A acknowledging and agreeing that any statement contained in such certificate may be relied upon by the requesting party and any such other addressee. 35. If any provision of this Ground Lease be held to be void or unenforceable under the laws of any place governing its construction or enforcement, this Ground Lease shall not be void or vitiated thereby but shall be construed to be in force with the same effect as though such provisions were omitted. 36. Lessor and Lessee acknowledge and agree that during the Term, each applicable Developer shall be the owner of all improvements constructed or to be constructed on its Phase of the Leased Land, and as such, such Developer shall be entitled to all depreciation deductions and the credits or other benefits for income tax purposes relating to such improvements. 37. Lessee shall have the option, but not obligation, to name one or more buildings for one or more individuals or entities providing financing or other assistance for any portion of the Project;provided,however, Lessor shall retain the right to require Lessee to change the name upon not less than 60 days prior written notice if the individual or entity associated with such name: (i) commits or is accused of committing an act involving moral turpitude under federal, state or local law, or (ii) commits an act of significant public disrepute or becomes the subject of a scandal such that Lessor believes, in its reasonable discretion, that the value or the Project has been or will be negatively affected. THE BALANCE OF THIS PAGE LEFT BLANK, SIGNATURE PAGE FOLLOWS cA0 1 1 A IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Ground Lease the day and year first above written. AS TO THE LESSEE: Renaissance Hall Senior Living, LLLP By: Rural Neighborhoods, Incorporated, 4if �.A.A-�- ' a Florida not-for-profit corporation, its general tness (signature) partner 7L , SA 1brf-e$ - �,(Print name) By: 7 . i Ste t en Kirk, •esident < I � Witness (signature) (Print name) BOARD OF COUNTY COMMISSIONERS, AS TO THE LESSOR: COLLIER COUNTY, FLORIDA ATTEST:\ '` , r , CRYSTAL K. KINZEL,, Clerk By: `l" c Chri all, CHAIRMAN T A est es to Chair .s ,',` EP TY sign re.tniy'' Approved amtrm and legality: •'A Sally A.TIT . A sistant County Attorney cipw ,I GAO 1 1 A IN WITNESS WHEREOF, Rural Neighborhoods, Incorporated joins in and consents to this Long-Term Ground Lease for Phase 2 on the date first written above. Joinder by: Rural Neighborhoods, Incorporated, a Florida not-for-profit corporation "fitness (signature) By: ) L c A(o Pj�S Ste en Kirk, resident (Print name) Witness (signature)it RV)CAO (Print name) GAO 1 1 A 7 ..— EXHIBIT A. Leased Land(Phase 2 Senior) - -ti- ii "-• - n D -4 R. i. 7 il,7 2,,, :2•4:.,*(,) I apt:. ii f. - G. eRV ‘"' In' Ak • 4.- ., •4 ni fors! f.."- -1 4"3..4 -"-- T-..T OT),. — 4,.- - , 0•44. '1 2) . - CI 13 e,4 ' l' a = e4 iA i .11 re 1 a• R'' "::!zi, ,,,L.; ft, ,i? —k C. n Al 9 cs cs ti•cl.' ...r '`..,'_ z. "3, XliE x 3:- t. r; . -v-„--,kr..,I ..z; .,..px z , 44 4. ''" " A i 3 A ,,. .77 ,t,.. r $ . ,...1..-'-' ( ‘ eR, . ,.. „ •4 • '-i 4 4.. • g Us ' 2 C' aAA,P i, S. --4 el ;.1 4,.•••-' a: ‘^'•1 .. .Ta" i „. - .5 •1i 4 ... . ..,c '-'•' C,r4 ni c • n ,.-../ g'Ri R 2'1' F4t*'.4 feit•r4. ia1:• .,5x.',.:.t:e:.!:",. 1tr:iMi—i;114 l:,Ig.E ..X,"A,.;.,..ftrXF.,",...IV,-cM'r,,,-r,',. 0g'i-•,,2`'.,4tz•A-7-411,_o,-c4-..1l!,,riS;..,.,:•. . E . , ft S';$*r, . , 4A * • 57 .,.' ic:>cCWOMC- 7D- IoF4 ..o.i z IA x ,- • 1 ,* t - ,, a , X sir . 1: Z3 P. , (-) q -I • E , vt • • • Ci ,i 9 w OXt...-- --g, (.4, NI '')77,.c:, Q x § :. to -16A1 1 0 r▪— r -- 0 Aqk .,,, I r",04: , c2.--1, m 0 N — •I''P7i ^.• z x061 ca r z ),. _ 0 0 q..4IA. *I„). x m 6 1 pt 5 z m --a Fl I I: ii.' N g F. 4 Tb .. 41. 4 4 .. c, °NO 1 1 A _._EXHIBIT A Leased i Land (Phase 2 Senior)page 2 ter. o I ` . E r itw..-All. ,!°, fl 2> C.) NIL+ = it-', jil ' 1 7 s ..... w . .014 .✓ X I'i Ri ": _ SlY7 3 2 +I1 9' ,_y '2•: -, CST e '� t 4 CD b CO v L 46 • ivIA s r uf rp �✓ fp a 4 1 xi - n ? a a a a 11 1 II I1 II It 2: 7. h 4 n p ][ d" z -- I ti I C1rnr x! Z 2 CC-4z m I `" - - Zzt• ,J r o j— p a a °° 2 PI ti '1!I 1 _ . • "NOT A SURVEY" , r, I -- ;; m S3 5C1+14f M 1� 4. 7 yAAA 71 1 Ck. W 1 Cb 3 .� ` t gg Gp,O 1 1 A TOGETHER WITH an easement for ingress, egress and utilities over, under and through the following described parcel: Beneficial Ingress, Egress and Utility Easement Parcel#1: A PARCEL OF LAND LYING IN TRACT"A", GOLDEN GATE UNIT 8, PART 1, AS RECORDED IN PLAT BOOK 5, PAGES 147 THROUGH 151 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT"A", GOLDEN GATE UNIT 8, PART 1, AS RECORDED IN PLAT BOOK 5, PAGES 147 THROUGH 151, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 00°28'56" WEST ALONG THE EAST LINE OF SAID TRACT"A" FOR 119.44 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE SOUTH 89°30'57" WEST DEPARTING SAID EAST LINE FOR 24.80 FEET; THENCE NORTH 01°58'53" WEST, FOR 30.21 FEET TO A POINT ON A CURVE; THENCE NORTHEASTERLY 28.10 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 47.00 FEET THROUGH A CENTRAL ANGLE OF 34°15'41" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 67°04'39" EAST FOR 27.69 FEET TO AN INTERSECTION WITH SAID EAST LINE; THENCE SOUTH 00°28'56" EAST ALONG SAID EAST LINE FOR 40.77 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; CONTAINING 858 SQUARE FEET OR 0.02 ACRES, MORE OR LESS. COLLIER BOULEVARD(SR 951) 54026361 ___.as..,,��............._.._._...-...._„� sra•An:'M7 assROB °ea' Pi M#Rfl 97'W 0, I%Ac 'A" uocr c.,,�•4w- m s i�SjwL } .... LYTIY'N 4 ............... .._...,... ...... .... ......_... une d RALLY7 t •47144"1010 d).'73' MI S TV 447-151) FFNIFID4•44*�� DESCRIPTION 4 PANf1 CTT fANA MSC M TRACT it', GIX.01FN 647E LNYT 6.PART r.AS RECYYP4TE0 C1 PCA, N>A4 5. PAGES 417 iM0 1409 D C4' Thtitt MOVED .D AS T O.OLLO CO£tO:R COMYR' r IAR40't 5AN BARGE!6LAYG VOW PARTA"LiARtY CCSCRAKD AS TOLL ORS 0 15' 30' 60 COYMELLCALG AT'NE #C#RTEAST CCRNEf CY MAC I', GOWE44 GATE LOWT a 04# SCALE: 1" = 30' AS AL.F.4?EATi IN rAT NOOK s ?WI 417 WOW. I',1 aAmA;' REc0407 0F' C01.!£.t C;A.01rt• 7C'RWM`. Tr4F'K:E S:7U TH 00'28'Oa" LAS'01G 5*7 EAST l.YR 07 THIS PLAN MAY NAYS i4Ef.14 DNLARCED D9 SA4; MKK7 TA'f'CR 234 56 FEET TO 7ME P02 4 RES "E'.". FROM Kre..arc JISPLAI SCALE 0, 4d:G Mw(: [TF TrfE MEREw FOR RE.PRCCtt"TYJ44 REASONS Of5Cx4OfD RAKE_ MENU CONn4a.Y 50114 00-76'56" EAST Ai.ONG SAXEAST 1.0.1 FOR 2120G tlir',M? FEET 77A PONT ON A CUR& tfM;TR NOTES: r47 co,#€+o4St:Pt E9fi4RtNC:S 5HOWN NEREGw ARE BISEA QM T4E STATE PtA„, TNENCI A40Rt4ATE5TE.Rt.r A7.40 FEET ['APAR ONG SRO EAST ALONG THE' fN _ ,lIEA4S4Ai C00R.T'NAT£ SYSTEM ESTANt15.44ED HY THE NA1,044 OEOVVIC. A NON-TA.4M.EMTW C[iRYE TO THE LEFT '4AYA4Iu A RAfhui r1x: A7.00 ,,IT 5Y':IF SUR4Lw FCW 41ORLOA EAST 204E, rPai DATUM TrIR 1990 FEET 7LRO36)4 A CEMNL4. ANG£E q4" W.78.04' ANO RING SL#L'tWA.7 NY A pc .. Aka AD11/S7YENT 41,874677 lin117A40 PIN CPS ORSE'R7A PONT ON Ct40R0 8MA-W REAAYS MIRTH 6171'01 NEST cOp A FEET. (�({ .. RaTRT t"71 ONTR4r NE FDOS 1*S 47 WTf AND WEFT TO iME LAST LAVE CA, ?RACY 7NENCE NORTH CC'26'S9'REST. rOR 34.75 FEET TO A POTTY ON A CORK, f�'?:' 7;`,�R1T!A`CY>4#R. EM.'HT "A.", G04474 :An' t147 S. PANT r. AS etCOROT IN MAT R - NOOK 5 PAGES 147 rwROUGN 151. CAT 747E PIAN;A' Prams TRINE( NORINEASTERtY 60.97 FM ALONG THE ANC OF 4 AnJN-TANOCNTw. 9 O ,FA A E_- OF 007017R COLMY, F10 77A AS�n9G scum00'26'56"EAST CURVE TO '4K Uri 44A7NC A RA(NV5 OF 41.D0 FELT PlAY)C.. A Cf'4TRAL. MIG'.I Cr 24'19'39'AND 4'wG 5uR7EM0D EE7 A trKWO WH14.I4t REARS NORTH 2 tumiNsLoN5 SHORN TtEREDN ARE AY 4/.5. 54494"Y FEET AND -40•57'LAST 7079 56.76 FEET.- GRANak Dw T,Ip. CiterM4t5 T.ML:Rf04 7NEE7CE NORTH 00'2A'32"*sr, FOR 150.35 FEET, Cw4EC747094I. 1)55 3. FM'S SKETCH ARO f.LSC.Rw170N' t5 LCL w4.4O A^7?'OLT T4nf .......... 0R4GPNG Srouno£ AMD SLAt am 74E 04G�'AI. sv„,„, ,,„ Rehr(' MOWN fi'OCIU cast FOR 7.23 FEET TO Irk" PO4WT Of 9CORANTNO .rue CODE. RfraiCI DIGIT41. 5E41 CC A [PCERSED rLOP A14 SURVEYOR AM) YAPPER CWP4r PARCEL 0ESr4,14M0 HER0114. NO AMOURS OR DELETIONS TO 7M5 SLANG," MAP AFL SOME 1'- aff. PERAATTE'D 4111710u7 TML EAPPE.SSE'D ipYTTTEN CONSENT DF THE OK rt. P6n1Att4'77. sb^NWG PARTY .7.1782 9DL.KRL FEET OH o,65 ACRES: MORE OR tESSS r-.---"......... ...�._.,.,�,. f4E: 12•1e0-54.A6 'NOT A SURVEY' ---' SHEET IMF SKETCH ANC DESCRIPTION 74 O 4{Tr>A1 Mirv4 4AA M.rrt ea,. 1"3 1L STEP U r tl\ill l nc}(4 T4RNt 41 Del Kr% A PARCEL OF LAND ( R" Aae w �" INAA4t1 Wings 414m9A 114174 F091.50K,, Y f4M LYING IN 044 r 1449 I7111I lRncv N 1.14141tiun444U4T 4 I'1:1111114: . 11/111'+Iap4•V1171/4.194. r 4Hw �r A Pis5400l31 4..4 4 00 Iro II 14u N,,, ;4:w.rcya. SECTION 27 , . TOWNSHIP 49 SOUTH,RANGE 29 EAST SW.7 A.RA .� Su""` Ln In. NprN4A. Zn44471114 rr..GPAJ_AMER•+7.r Ole 1441141 21VT1N14.41g1 ( COLLIER COUNTY.FLORIDA 1,.0L #47 Gp0 1 1 A TOGETHER WITH an easement for ingress, egress and utilities over, under and through the following described parcel: Beneficial Ingress, Egress and Utility Easement Parcel#2: A PARCEL OF LAND LYING IN TRACT"A", GOLDEN GATE UNIT 8, PART 1,AS RECORDED IN PLAT BOOK 5, PAGES 147 THROUGH 151 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT"A",GOLDEN GATE UNIT 8, PART 1,AS RECORDED IN PLAT BOOK 5, PAGES 147 THROUGH 151, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE SOUTH 00°28'56" EAST ALONG THE EAST LINE OF SAID TRACT "A" FOR 437.20 FEET; THENCE SOUTH 89°31'04" WEST, DEPARTING SAID EAST FOR 35.99 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE SOUTH 00°28'59" EAST, FOR 31.75 FEET; THENCE SOUTH 89°30'57" WEST, FOR 9.44 FEET TO A POINT OF CURVATURE; THENCE WESTERLY 22.20 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 47.00 FEET THROUGH A CENTRAL ANGLE OF 27°03'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 75°59'02" WEST FOR 21.99 FEET; THENCE SOUTH 62°27'07" WEST, FOR 57.55 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 10.17 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 27.00 FEET THROUGH A CENTRAL ANGLE OF 21°34'45"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 51°39'44" WEST FOR 10.11 FEET TO A POINT ON A CURVE; THENCE NORTHWESTERLY 84.96 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 53.00 FEET THROUGH A CENTRAL ANGLE OF 91°50'58"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 60°27'08" WEST FOR 76.15 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY 29.17 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 22.00 FEET THROUGH A CENTRAL ANGLE OF 75°57'25" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 52°30'2I" WEST FOR 27.08 FEET; THENCE SOUTH 89°30'57" WEST, FOR 4.52 FEET TO A POINT OF CURVATURE; THENCE WESTERLY 4.99 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 7.00 FEET THROUGH A CENTRAL ANGLE OF 40°49'55"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 69°05'59" WEST FOR 4.88 FEET; THENCE SOUTH 48°41'01" WEST, FOR 11.16 FEET; THENCE SOUTH 89°30'57" WEST, FOR 26.36 FEET; THENCE NORTH 45°29'03" WEST, FOR 9.83 FEET TO A POINT OF CURVATURE; THENCE WESTERLY 5.50 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 7.00 FEET THROUGH A CENTRAL ANGLE OF 45°00'00"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 67°59'03" WEST FOR 5.36 FEET; THENCE SOUTH 89°30'57" WEST, FOR 181.88 FEET; THENCE NORTH 00°29'03" WEST, FOR 51.12 FEET; THENCE NORTH 48°11'O1" EAST, FOR 1.33 FEET; THENCE NORTH 89°30'57" EAST, FOR 29.00 FEET TO A POINT ON A CURVE; THENCE SOUTHEASTERLY 34.56 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 22.00 FEET THROUGH A CENTRAL ANGLE OF 90°00'00"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 45°29'03" EAST FOR 31.11 FEET; THENCE NORTH 89°30'57" EAST, FOR 129.88 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 5.50 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 7.00 FEET THROUGH A CENTRAL ANGLE OF 45°00'00"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 67°00'57" EAST FOR 5.36 FEET; THENCE NORTH 44°30'57" EAST, FOR 9.83 FEET; THENCE NORTH 89°30'57" EAST, FOR 26.36 FEET; THENCE SOUTH 49°39'08" EAST, FOR 11.16 FEET TO A POINT OF CURVATURE; (Continues next page) C.O 1 1 A THENCE EASTERLY 4.99 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 7.00 FEET THROUGH A CENTRAL ANGLE OF 40°49'55"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 70°04'06" EAST FOR 4.88 FEET; THENCE NORTH 89°30'57" EAST, FOR 22.14 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 5.50 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 7.00 FEET THROUGH A CENTRAL ANGLE OF 45°00'00"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 67°00'57" EAST FOR 5.36 FEET; THENCE NORTH 44°30'57" EAST, FOR 19.05 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 18.06 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 23.00 FEET THROUGH A CENTRAL ANGLE OF 45°00'00"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 67°00'57" EAST FOR 17.60 FEET; THENCE NORTH 89°30'57" EAST, FOR 78.61 FEET; THENCE SOUTH 00°28'27" EAST, FOR 17.50 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY 34.56 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 22.00 FEET THROUGH A CENTRAL ANGLE OF 90°00'37" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 45°28'45" EAST FOR 31.12 FEET; THENCE NORTH 89°30'57" EAST, FOR 11.73 FEET TO A POINT OF CURVATURE; THENCE EASTERLY 12.85 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 47.00 FEET THROUGH A CENTRAL ANGLE OF 15°40'10"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 81°40'52" EAST FOR 12.81 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; CONTAINING 21,465 SQUARE FEET OR 0.49 ACRES, MORE OR LESS. I ,r roc g INItT Y' M7?f'RAR`L`a;IR41ER =IN as 2 7R4 .^ 7 ti :N1 t'M r +/e rod,' ' ,6 . taI g AR 3,t,en-tm) -- "' �' .w E k cy ,, i IL, .: ", Iet VI 7F : $ •k N',SI f1A 51 _ t17 f 5 il LINE TABLE MIEN WE 'f 3. GAN t NWT f r 1 42 UK/ IMANNW OISTANCS IWO 4/C IS-rs11 to S trzen'L Jr.75' dOd. il t7 r erJc'a . t.4 CURVE TABLE fit d I -N- CURVE 1J1+7 $ 7/1"1 w 77y;1` i QdgiC/ N40t.5 LAWN,. DC1R CIAONO wl.4W/N'. CHOWLF/.CM 14 S IN'1 S w 4.l2' - ]� IS r e.4 L^ a r0,14" 61 •74nd 2770' Il•OJA' S 7!•NW Ad2r.N' tI s elJSJ7 a ra>r CI 27W' rO1Y r•x'.7 •a• !e'J''..'. 1011' 0 25' 50" 100' tECr:'+u # r. ..... rT 5JW H.te 0646 0" N m71t41"w PS r5' SCALE: 1 JO air? - r}I*woe N sr405 a NS e lt^ n !'AC8 - Co 1y W' 25 t7' 7r57yS" N S7"JO'2 t'N 27.Oi!' THIS PLAN MAr MARE MLR ENLINOEI)OR ,. A.*7,kr P#(!rt46,0: 1.- e s A!:s2•P war ' • RC*.*:E"MOM INTE'L.L.0 LIS^`LA7 5,rALE = 7 1µ Ca' Ah':F,IA;A'T i! ro t779 nT•R S!17 C7 IOW I.N' APAe'17" S OPJS'Je•W AMP FOR REPROCtY11n4 REASONS R!K 17P k.I'f $l I L.. )JJ.... co 'OW 330' ATWTW' N Prk10.1'W SAS' ! .... ..... CS !IOW JAM' MPWter S A52lOf"E Jr.' hQT $. I t 1 x E7.f02t7 L 79 W f 1#A9r.MC5 S,Cerg RER'ECry AWE tYAS£D ON 'ML STATE 5041 CDJRDINAST � 552 A'N52O57 [ a7l Ap 7W SSY aS17Pb0^ N eT(k Sl'2 3.116 5/•SRM ES&ABASSISED NO ?NE NAn.'IW Of01Rf7�C' SWIM WA F,0317.I CAST 6t 7.W' I•N 4P•t SS' S p1 A•T7r^L AA!' ZChcs, rrA, DArit. .Ifr1+ 1990 AAIUSTM£4 (149 50 JT.t}I,NO R.N. C,Y+S ..>. ...WV"..._.....'�•'..• ........._, O5£RVA!WI OM 77+t f7NNN Art7103RA Akfl, rtfa'IM PO NE EAST G.+£' lrS A' E per ... VA 7S0 5sa" Ar051W' N tra'S7'1 S.it• TRA.;'r ;t' COWAEN CATE 4'AP7 A, PART F, 4S REC0ROE4 * RAT 4157 W 3,. 1+4 x eP.S79T'E MSS" -_ - -----" PACES t+T I C 141, 151. Cc 1.E Ruth Ar:. RECORDS JT' GY:ti.rt_R COUNfY, i r,S 3 4PJ}ye'E r7.rip" ICI, .2J00' mmoS' 4S 41' N e7Wh7`1 r7ip'" ft049554 A5(*NO SOtate EX-211•S6 LA57. 1 Cl2 77rW' SOW WW:1' 5 4J'N'q't J1 r7• �• I rid N OVR)11't a 14` .. 2. CA4rENSoONS SHpiWP HEA'E1?x A.wL :w US. St RREY fEET 4M7' Dtams4 S di7 N s4•,103T'1 rf,q}' CU 4760• r7 NS rr•040' N e6•037'E 17RI' 5NERE13' dfe N taws,-E saw .1. 14955 SK4IZ:'N AND1..Y5CNr5TN0N' r5 BQ 54450 15490417 7Hf (AN�1G77A4L SW..NAILWE AN'D SEAL OR THE L9G,TAE 5•PvN471414 AND 004T4i Sf.4t 4'F A 119 S PH•711 I7"30' I UCC:4Sfe: f405404 7;024E1t14? alit ioAPPER. fei 400475.544 or 047(1090 TO 17O xIPJO'ST'E r7.7J" TNt5 00414tY 1MR ARE PERtAITEV 917NCt17 4* EAYRES•SEt7 ArN7744 �, Wr WM A7N)47 9tlTS 1-2 CF 2' CCe4SENr or 7i4C St0Nr4(pAWT'r' SKETCH AND DESCRIPTION CRAMP BY 1l0 Irli1 0 1 sNA /NPR aa•1 t.c. rA_ - W c>NECAE09P 114 �radY �� � 4N!M va¢M,MIN A PARCEL OF LAND 0c Ate COM RNE(i LYING IN m Sa,. 1 4.r^ IItkil?roelrTerrn • Ld1L14!$0n-s'}T}IS • 11a4u11rs. I ntritiNl:Ipt' lrritlls 149 SECTION 29 t- 0A1E. Pao3,1023 no A won.InsN.l;rs, ...e,.,4 uxn LP ott 5r71 1w..«..<.t,e:..NIRP TOWNSHIP 49 SOUTH,RANGE 26 EAST d IRE: N.:aea.att so 4Gwn4.0.4w4 Z54R47 I Iad IIN.4ra.1,V$or..um F.w5 Iht, trr MO 51111 COLLIER COUNTY,FLORIDA i ` ":"""""" " GPO 1 A TOGETHER WITH an easement for stormwater drainage over, under and through the following described parcel: Stormwater Easement Area Legal Description fl r ...t. re h• en On ...,i '7"i-,, k rn 1 rn Ni 1 en NN Ni NI N• Ns NI INS n's „,1 N;Ns;P Ns'il,P. 0, _,,,fr,6 e ,...,--0,0.„, ,,-,,-,d- ,T,,,,,..1 tie .--4,c,:3;.,4-t, 0) .". n . 1 4 'i`.. I Co L.** hl X-..f ,'.g- z .-.e • - T ,X Z,, 41,.. -V "1 "'"'1 N CS '4 a " "...1 la v 1 i - =...,I • r.on, 1*, . .1 LI 41 . 41 4. 44''CI-'.". .4"•° %VIMCZCZ .;' ' ''''i1/4i2. 4p "1Z 'A c3,,NI ... m 3i - 014 40 0 -. C* "iit Cia 1... ,..2 it za.A,• z ......IA -ar ' , ' " ra "4 ."F. Li = _ .....• ,..,1... = . 0 a , • III • I I I • I I! ,,,,,, .01 it, .4 14 . 7 til V, Z ri, ..., g,,,,_0 '• 01 40 01 40 kr, .,,., A ..... fk C 7.' (•-• ..`; it - 5 ""1 ,4 . ,4• ,-•,.--. • • r .,,,- ,..• 1,,, r., .'-i t n•I"1 4, -,•rt 'LI XVI 't2'IP .P.1 ?4,1 2 %.02RP *,r4'; '7) i'• t.,1. RA-t.,, ts mr, i„,No tt " q I, A .,,,. vArT1 - P•11 43t1 ij 13 on P N., !Li .2;,r-i t r', ..-4,-si.7'• • 2, 7 z' s-.''' " 6,8.‘ ° l'i,,•• , -.'' ',. .r q A, ,g• - '6' }.. % , , ' 0) A ,.. 1 ). /4 "/ )• Z 1:km il 31 •' '' 114 1 i .. r", 'g.,-", Oa -9,,,,A c,- c) ...4 11. ...3. ... ••••"R _#.... .... - • _,I - ..,...... — ,1 r . . f.r,- • .k. el ,,, ol-d c.,-., ,i'. c". " *I; rs LA z ,1 ):. z 0 ,,,,,- p 1- 1 t:r'' A t 5(.1 .--1 i,,, = . ., :,,,=• 0 4,4 0• 0 1 A o _, 4. .• g 1t, ail KA i L0 4,4 ,,..;`,4, 10 1 ,44 0 rm 0 1 5 '4 A ,...,s z ..i, 1 ••••1 .... A 2 '' -,, ,„., ,, )• ,, b Z ... ?!..•' 8 - i) ' ill 0 0 C1 X 4. i1 a I"_4 I V1 ,13 13! 41 S 4 ''' ..1 Al ' ..•' '41 X)- ._ , ,.: " B. ' ,..,viz c- ,.., ..a 1 - t 1,4„i ii - 0 , vo s ,,, , P A .-ss-i ox x '3 " '''' 0 •-et r.9-ci rn A 1 en g z ''" 1 • '9. 8 R 01 * .;••1 lo ,'", • Zi ID te, X r) m r- in -, rr rn fL1 g A " Z 2 0 0 - -4 -4 40 0 il .i 0 .: n A 'i 11,Ti -1 2 0 M 7(2111P., M 59,. / "PI 1.'N ; 'i '8 t'''n g e'. r z o 0 z -1 0 &I "... ' ; t,.1 •i• z 7a or o 6 • FP -4 aP, % ... P z t. ,-, ,,,, v 1, -4 ..- 0 qe ,qt y. u, , ri , 0, , I , . 0 1 § q E', . „,. . ,,. , T . " 0 c 1.11 a -1 g 1 ib: , ':' - F• r''' -1'.' * t; tl? _ rd tc i r m 7-7---...---..-7,7„--7,--.7.---". .-,:-.-• .;;;;.7.7":"...:7—-...- ...-. :.,-;:::- -... - --:".,-- .-,-...:,,'", --,".,..:. .-...-- . .-..., -,:, ."....'"-.',....- .-"."-"=„. - 0 OV'' 1 1 A - ...,.,..._.„.....„„„„„....„....._....._..._...._........____ ....._ ..--....._ 4 ...., F.i N rn X Stormwater Easement Area 4 S ke t c h . ,,,,.. i".... -4 •=7- - E .r, r 6 OS' ril ", r. t ,,.r rl ...... .ZIZZI. .4°,`•! 8 a , 6 -1 ' d;4'4,44 serzeriel.344 U' -, ..4. to - a 9S1 S ..v: I I ; ,ria9y COL ''' *'' ,..9. 4, OW fl, ow.z rn 8e-c ut 7.-,Kx) 0 IN• .4'1 v`tz.PI C) er, '.4.• —..... g \g,' •••• Q. • I -• > '‘,1 s• N',..\\\\ 14 1 1 / •-.• Fl.) • :I" :..c t !„•; A . :i'..)Tg37- 6 ' , . - w s ,-.. -- #.,... - (1) 4• • A4*k4j-12 81?. riilt M .m > . ,;•••? 0 6:6;zYn.14,' _ " . ,. 4 I ,•5 • 4 f 1 ° I b, g Xr '%1411 i .2:•, 'i..7 '4* 1....!I 8 41 (“' -A J., Ell 4 8. 9 ' 4::: a * q A 6 4 i6, 0 Pilli . _ - E - , „z1 6 r ul %1 N o i 11§ F!g5gig , m— H '8 Kni — Fri ' Zr X .711 pidi tl ---- 0 A,-.•0-4C 0 0 C-4 Z frl %4 t g ' I- 0 4 zioD . "M''' i,'I • '(.. st. N -rt P,4 .Vi 14 r.Z 73 4-1 1.71 ; •;'.g.vsi %,%'r A th •,.„,-I -4., Nr '"4 A.14...'''' I '4'''' I x rn o > > h Ise....... .....v.e,",,J cm • '''' ,.:B@.2At'r;',.„ .4 _ sil'gl A 1-5,,71 , .253,J' N 0 li I 13 0 ti 0 1 0 0 it N 1 C;i1)'It I NOT A SURVEY* LtiliiAq"P _ •...._ I 4 ,.... s' -•-.. - .,ri 9,in 1'l• -11 •f ,.,,,_ ,_„. .(31,, •'- as. g 1 §Iv- - i .),. m 0'. ,-r hs' i7m1 767X1 4 4 I, al, . •K ' i ' e \ •It .,, ,,rvzriv 3 4 2 * .1 * ..T. - i..,c 1 - 587-31WV I 6 6' MOEN G4T CA'mi 29,09- N V . . __ . ., . .... _ . . _. .... .. . .. .. .. . 0/0 1 1 A EXHIBIT B Unit Totals and Types Minimum Number of Units Maximum Number of Units (Overall) 350 (Overall) 372 Target Number of Senior Units 100 Target Number of Senior Units 120 Target Number of Essential 250 Target Number of Essential 252 Services Units Services Units Note: Five percent (5%) of Senior and Essential Services units shall be targeted to persons considered to be veterans. Income and Rent Targeting (Goal) Seniors Income Target Percent Minimum Maximum Note: Developer may AMI Rent Level Set-Aside # of Units # of Units elect to use IRS§42 28% 28% 10% 10 12 Income-Averaging as a 60% 60% 90% 90 108 set-aside election in 4% or 9% Housing Credit transactions. Its election enables income levels to be set-aside between 60% - 80%AMI, balanced by units set- aside below 60%. Essential Services Income Target Percent Minimum Maximum Note: All units shall be AMI Rent Level Set-Aside # of Units # of Units rented with priority given to Essential 50% 50% 9% 22 22 Service Personnel 80% 80% 11% 28 28 employees. 120% 100% 80% 200 202 ESP Occupational Preferences include: Tier 1: Healthcare, Education and Emergency Services Tier 2: - Government Income Targeting Criteria Developer shall undertake best efforts to obtain project financing that enables developer to construct residential rental units that meet the Income and Rent Targeting Goals shown in the charts above with particular emphasis on Target Rent Levels indicated in Column 2. Developer agrees to an initial maximum Debt Service Coverage Ratio (DSC) of 1.25 DSC; DSC ratios in excess of 1.25 shall require Developer to reduce initial rents to a level that results in a DSC not greater than 1.25 DSC. The intent of this requirement is to reduce rents [Exhibit B continued on next page] 1 1 A and bring projected rents closer to the Income and Rent Targeting Goals. Future rents for each Target Rent Level, i.e., 28%AMI, 50% AMI, 60% AMI, 80%AMI, and 120%AMI, shall not exceed Rent Limits established for an Effective Date by the U.S. Department of Housing and Urban Development for Collier County, Florida. Local government shall undertake best efforts to obtain Federal, state, and other housing resources, impact fee deferrals or alternate means of off-site improvements to enable Income and Rent Targeting Goals to be achieved. Developer shall also undertake best efforts to obtain additional grant and/or equity contributions from participating Foundations and others to enable Income and Rent Targeting Goals to be achieved. The Parties agree to a mutual review of pro forma total development costs, income, and expenses prior to Developer accepting a financial commitment from an outside lender and/or equity investor. The Parties agree to the inclusion of the participating Foundations in the mutual review. The Parties further agree that cash flow from the Project shall be described and distributed in accordance with Phase 1 and Phase 2 income sharing agreements by and between Rural Neighborhoods, either Renaissance Hall at Old Court LLC or Renaissance Hall Senior Living, LLLP, the Collier Community Foundation and Collier County. The Phase 2 income sharing agreement will be negotiated separately amongst the parties. The Phase I and Phase 2 income sharing agreements will be presented to the Board of County Commissioners for approval prior to the loan closing for each respective phase. 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