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Agenda 04/08/2025 Item #16D 1 (1st Amenmdnt to MOU between Collier County and MHP Collier LTD for the development of Affordable Housing reflecting the project name change)4/8/2025 Item # 16.D.1 ID# 2025-815 Executive Summary Recommendation to approve and authorize the Chairman to sign a First Amendment to the Memorandum of Understanding (MOU) between Collier County and MHP Collier LTD for the Development of Affordable Housing to reflect the project name change. (SHIP Grant Fund 1053) OBJECTIVE: To support comprehensive affordable housing opportunities and further the County’s strategic plan focus area on Community Development for very low-, low-, and moderate-income persons through the State Housing Initiatives Partnership Program (SHIP). CONSIDERATIONS: The William E. Sadowski Affordable Housing Act provides funding to local communities to promote and advance affordable housing initiatives with funds generated through documentary stamp tax on real estate transactions. The County has established its SHIP Program in accordance with sections 420.907-.9079, Florida Statutes, and Chapter 67-37, Florida Administrative Code. Under the SHIP Program, Collier County and the City of Naples receive funds from the State of Florida through the Florida Housing Finance Corporation to undertake eligible activities. On December 10, 2024, under Agenda Item 16.D.5, the Board of County Commissioners (Board) entered into a Memorandum of Understanding (MOU) with MHP Collier LTD for the development of affordable housing. The project identified in the MOU was originally named Ekos Allegro. On December 23, 2024, the Growth Management Department’s Addressing Section approved the developer’s request to rename the project. The property, identified by Parcel ID/Folio Number 25116000322 and located in Section 23, Township 50, Range 26—Cadenza at Hacienda Lakes of Naples, Tract D—will now be known as Ekos Cadenza II. The letter approving the name change to Ekos Cadenza II is attached to this item. This First Amendment to the MOU changes all project references from “EKOS Allegro” to “EKOS Cadenza II”. This item is consistent with the Collier County strategic plan objective to support comprehensive affordable housing opportunities. FISCAL IMPACT: There is no new fiscal impact on the SHIP Grant Fund (1053), Project 33807 or on the General Fund (0001). GROWTH MANAGEMENT IMPACT: Acceptance of these agreements will allow the County to expand affordable housing opportunities for its citizens and further the goals of the Housing Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a majority vote for Board approval. -DDP RECOMMENDATIONS: To approve and authorize the Chairman to sign a First Amendment to the Memorandum of Understanding (MOU) between Collier County and MHP Collier LTD for the Development of Affordable Housing to reflect the project name change. (SHIP Grant Fund 1053) PREPARED BY: Lisa N. Carr, Supervisor-Grants, Community and Human Services Division ATTACHMENTS: 1. First Amendment MOU-EKOS Cadenza II Name Change - Collier County SHIP 2. Executed MOU MHP Collier Ltd_EKOS Allegro 3. EKOS Cadenza II -PNC - Approval Letter Page 2378 of 5277 4/8/2025 Item # 16.D.1 ID# 2025-815 Page 2379 of 5277 Page 2380 of 5277 Page 2381 of 5277 Clant - Slill']t:Y 2022-202i MOU #SHRD22-O04 A cti\, it)Rental Developll1ent Loan S PONSOIT MHP Co llier t.l-l) CSFA #40.90 r l otal l-oan n nrount s161 9 80.8 0 UEI# E INH 8 5-22 85 092 [)eriod of Perfornrance Septenrbel l, 2024 thror.rgh December IO 2 054 Fiscal Year December i lsl Monitoling Find I 12i2051 MEMOIIANDUM 0F UNI)EITS'TANDING BE'T\\'EEN CoLI-IEII. COUNTY ANI) MHP COLLIEII LTD FOR I) EVE,I,oPM ENT ()F AFFOITI)AI}t.I], I I0T]SIN(; 'TIIIS MtiMORA D.a"rrrb.- NDUM OF UNDURS fANDING (this "MOU") is rnade and entered inro this-t.{hay ot' , 2024 (the "Effective Date'). by and betu,een Collier County. a political subdivision of the State of Florida ("COUNTY"), having its principal address at iil9 'l-anrianri Trail East, Naples, F[- i4l 12. and MHI' Colliel LTD. a Florida linrited pannership, ("SPONSOlL") and. together u,ith the COUN'I'Y. collectivel.v", the"Parties"). having its principal ol'f tce at 777 tlrickellAve.. Suite l3 00. Mianri. fl.ll B l. WI{EREAS, the William lr. Sadorvski Af fordable Ilousing Act adopted by the State ol' lilorida in )992 provided a dedicated revenue source for afibrdable irousing in Florida and created thc State I'lousing Initiatives Partnership Program (the "SLill'] Plogram"); and WIIEIIEAS, the SIIIP Prograur is established in accoldance with sections 420.907-.9079. Florida Statutes. and Chapter 67-37. Florida Adnrinistrative Codel and \\IIIEIIEAS, pursuant to tlic SI llP Program. the COUNI'Y is undertaking certain activitjes to primarill benefit persons or households earninS nol greater than 80 percent of median annual inconre adjusted for family sizc; and WI{EREAS, on April 26.2022. the Collier County l}oard ot Count! Conmissioners adopted the Fiscal Year 2022-2025 l.ocal Ilousirrg Assistance PIan (L.llAP) through Resolution No. 2022-68,4. as later amendcd by technical revision on Noveutbcr 10.2072:, and WIIIIRIiAS, on July 23. 2024, rhe COUNTY adopted arrendn'lcnts to the LIiAP throLrgh I{csolution No. 2024- 1 3 7 to updatc slrategies and other technical anrcndments; and {a MllP COLLII:R LTI) SIIII' ItENl A1. DEVELOPMEN'I' s tu)22{0J l:liOS Allcgro I Page 2382 of 5277 WHEREAS. the SPONSOR has provided docunrentation evidencing its qualifications to be eligible to receive a loan under the SHIP program: and }VHEREAS- the COLjN'i Y and the SPONSOR rvish to sel forth the responsibilities and obligations. aflbrdabiliry- covenants. and terms of the loan. of each in the undertaking of the SHIP Loan: and NOW, THEREFORE. in consideration of the foregoing and the mutual covenants provided herein. and for other good and valuable consideration, the receipt and sufticiency of thich is hereby acknorvlcdged. the Parties agree as follorvs: I.I TERIIIS OF THE LOAN, }IORTGAGE. AND AFFORDABILITY PIRIOD Terms of the Loan. The Loan shall be subject to the terms prescribed within that certain Plonr issory Note. dated December I 0, 2024 (the 'Note" or "Prornissory Note"), between the Parties under rrhich the COUNTY agrees to lend Seven Hundred Sixty-Seven Thousand Nine l{undred Eighb, Dollars and Eight). Cents (5767.980.80) (the "Loan") in conncction rvith the residential development knorvn as "EKOS Allegro" (the "Project'') and lurther subject to the provisions set forth herein. The ternrs ofthe Note are incolporated herein bl reference. Terms ofthe Mortqase. The Note shall be secured by that certain State Housing Initiatives (Sl1lP) Plograrn Mortgage by Olficial Records Book Etli[:el':the COTJNT eug" 171 Y dated Decembcr 10, 2024. recorrled in . ofthe Public Records of Collier Countv, Florida (the "Mortgage'' and. together rvith this MOU. the Note. and the Declaration (as defined belorv)- collectively. the "Loan Documents"). The N'longage is incorporated herein b_v.. rel'erence. Tcrms Governing thc Affordabilitv Periorl. 'fhe ;\ffordabili ty Period applicable to the Project shall be 30 years (he "Affbrdability Period") commencing December 10.2024, and shall be ;\tfordable Housing Requirenrents are detailed in Part V ofthis N'IOU I.2 LOAN AND SPECIAL CONDITIONS r\. ExecutionolthisNlenrorandumofUnderstandins ll The SPONSOR rnust subrnit the follorving checked policies to the COUNTY rvithin sixty (60) days of execution ofthis MOU: Atfirmative Action/ Equal Opportunity Policy Conflicts of I nteresl Polic]' Sexual l-larassment Policv governed by that certain Declaration ofRestrictivc Covenants for EKOS Allggro,rnad_e elTective as oLl)gcember 10, 202,1. rlhich is recorded in the Olllcial Records Book C4'LV-- , pue" 11 , ot th" Public Records of Collier County, I-lorida lthe "Declaration" or 'Declaration of Restiictive Covenants"). l he Declaration is incorporated hereiu bl. relerence. xxx ){HP COLLTER t-] t) SI.IIP RENIi\L I)EVEI-OPTIEN T sHRD22-00.1 ENOS Alletn The obligation ofthe COUNTY to make the Loan is subject to the iollorving conditions precedent: Page 2383 of 5277 Section 504 of the Rehabilitation .Act of 1973/4D,{ Policy Statutes and Regulations Prohibiting Discrimination Policl'. et al. Proteclions for Whistleblorvers Policv Tenant Waitlist Policy Tenant Grievance Policy Tenant Incorne Gu idelines Marketing Plan Property' iVlaintenance Plan Capital Needs Assessrnent Plan Annual SPONSOR Training - Pertinent SPONSOR stalf assigned to the administmrion and implementatiorr of the Project established by,tlris MOU. shall attend all COUNTY-otfered SPONSOR training relevart to the Pqiect. including Fair Ilousing and lncome Certificatiou. as scheduled b)' the Crant Coordinator or Cornpliance Supen,isor. not to exceed tso (2) sessions annuallr'. D. SPONSOR rvill accornplish the follorving checked project tasks: Maintain access to the COUNTY'S designated grant softlvare svstem to upload Requests for Palment (Exhibit B). Annual Progress Reports (Exhibit C). and an1, other required documents. Maintain and provide to the COUNTY, as requested, bencficiary and/or income certifi cation docuntentation. Maintain Eligibility Documentation, retained at SPONSOR's location or the Propertl' E. Perfonnance Deliverables xfv x traax C x x Insurance Insurancc Certifi cate, pursuant to section i.l0 of this l\4OU. SHIP Progranr Deliverable Dcl ivctable Supporting Documentation Submission Schedule Special Loan Condition Policies (Section I.2) Within sixt), (60) days of MOIJ execulion Widlin $irry (30) days of MoU execution and annualll. rr ithin th irE- (30) days ofreneu,al Annual Progress Report l.-\h rhrl (Annuallv- October 3 lst Financial Audit Annual Audited Financ ial Statemcnts Annually,'ur,ithin one hundred- eighty (180) da1,s after December I l1' F iscal Year [-.nd Capital Expense Bud-eet Detailed Operating Budget for the next fiscal r-ear Initial repon due after lease-up and annually thereafter, prior to start of SPONSOR's fiscal year. until 2054 Operating Expense Repon i Actual vs. Budget. revenue and i espense report. and all i supporring documentalion. as I requestcd 30 days after the end ofthe SPONSOR's fiscal lear \ITIP COLLIER LTD SIIIP RENTAL DEVELOPMENT sltRD22{0{ EKOS Allegro x Policies as stated in this N'lOU Page 2384 of 5277 Capital Needs Assessmeltt Plan approved b) the COt-rNl-\' i Initial Plan due afler lease-up aud annually thereafter October i I'1 until the end of the ,Affordabili Period Register ofTenant lncome and Rent Srrmmary ofTenant Incornc and Incorle l,imit, Rent aud lLcnt Lin)it. b)' unit (Rent Roll) Maintenance Plan F. [-oan Payment Deliverablcs Pa ment Deli\erable Pa Drent Su ort rn f)ocrrnrenlation I.3 PERIOD OF PERFOR\LANCE -[he Period of Perfomlance shall be September 1.2024- through Decenrber 10. 2054. unless tenninaled earlier in accordance rvith provisions of Paragraph i.8, Delhults- Remedies, and'l'enrrination. The Project allorvs for pre-a*'ard developm!,nt/construction costs if incurred prior to the comnletrement of the Perfonnance Period. In accordance with Florida Statutes and Federal larv- SPONSOR shali rcceive reimbursement of lunds for (hc payment ofeligible irnpacr lees paid b1... SPONSOR lor the Project. If SPONSOR complies rvith all requirements set forrh hercin, this lvlemorandum ofUnderstandins shall tenrinate on Decemb€r 10. 2054. Nonvithstanding the foregoing. the COUNTY expressl) resen'es and does not rvaive its right to recover an)' damages arising frorn or relating to SPONSOR's breach of this Menrorandum of Undcrstanding, the Prorrissory Note. and/or Declaration of Restrictive Covenants. rvhich occurred in rvhole or in paft belbre said rennirration. I.4 PAYMENT Until approved by the COUNTY for loan adhelence to an_v and all applicable requirements. excepr utere disputed flor noacompliance. pa]ment rvill be madc uporr receipt of a propcrl! completed invoice and in compliance rvith section 218.70. Florida Statut€s, otherwise knorvn as the "Local Go!cmmerrt Prompt Pa)'menl Acl." 1'he County Manager or designee nra1, extend the term ol'this MOU fol a period of up to 180 days after tlre end of the MOU. Extensions rnust be authoriz-ed, in writing, by fonnal letter to the SPONSOR frorn the COLNTY. .l Within 30 days afier the disbursernent ofthe I -oan and annually thereafter October- 3 I st until the end olthe AffordabilitY Period Plan approved by the COUNTY At the time olconrpletion ofthe fl oating SHIP-Assisted lJnits, and annually Submission Schedule Project Component l: Cost of eligible irnpact lees Subnr ission of supporting documents must be provided. as evidenced by leceipls, invoices. check stubs. bank staLenrents. and any other additional docunrentation as requested. (Exhibit B) Subnrission ofone invoice rvithin 30 days ot'signing tlris document I'HP COLLIER LI'i) SHIP REI(Ti\I, DEYELOPMENT sltRD22-001 EKOS Allegro ! I I I I I Page 2385 of 5277 I.5 DEBT REPAY}'IE\T An! tunds paid to SPONSOR e\ceeding the amount to \\hich SPONSOR is linallv determincd to be authorized ro retain {nder the lerms oFthis lvlou: that are detennined b1, the COUNTY to have been ntisused: or tlrat are detcrrnined by the COUNTY to bc sLrbject to a repa)inclt obligation and lrave nol been repaid by SPONSOR shall constitute a debt to the COUNTY. "\nt debts detenlined to be o\ycd to the COUN-l-Y must be paid promptly b1 SI,ONSOR,,A dcbt is delinquent if it has not been paid b1.'the date specified in COt-NTY's inirial rrritten demand for payment unlcss other satisfactory' afangenrents have been nrade. The COUNT]' rvill take any actions available to collect such a debt. I.6 NOTICES Notices required by this MOU shall be in rvriting and delivered via rnail (postage prepaid). commercial courier, personal delivery, or sent by f'acsimile or othcr electtonic nreans. Either parly ruray change the address to rvhich notices are to be sent to it by giving written notice olsuch change to the other party in the manncr'lrerein provided for giving noticc- Any notice. request. instruction. or other document delivered or sent as aforesaid slrall be effective on the datc oIdcliYerr or sending. All notices and other rvrifien communications under this MOtJ shall be addressed to the individuals in the capacities indicated belorv. unless othenvise modilied b1, subsequent rr rittcn notice. COLLIER COUNTY ATTENTION: Director. Conrnrunity and Hunran Services Division Collier County Communiry and Human Services Division -lli9 Tamiami l'rail East. Suite 2 l3 Naples, Florida 3-l I l2 'felephone: 239 -252-?27 3 SPONSOIT MHP Collier Ll't) c/o McDorvell Housing Panners. LLC 777 Brickell Avc.. Suite 1300 Miami, FL 33 l3 I ATTENTION: Christopher Slrear. COO Enail: cshear@rncdhousing.conr Telephone: (786) 257 -2778 Remaindcr of Pag€ lntcntionally Lefi llhnk i\,IT'P T'(N.I,IER LTD S}IIP RIi\I AI- DEVILOPMI]\1' st tR0ll-o0.r E(OS lllcgro 5 Page 2386 of 5277 PAItl'II LOAN COn-TROL REQUI ITEM ENTS 2.1 A UD ITS SPONSOR must clear any deficiencies noted in the auditor's findings, provided to thc COUNTY by SPONSOR and pursuant to Florida Statutcs Section 215.97 (Florida Single Audit Act). rvithin 60 days after receipt of the reporl. The continuation ol SPONSOR's failure to comply rvith thc requirements of this section after the expiration of all applicable notice and cure peliods will constitutc a violation of this MOU. 2.2 ITECORDS AND DOCUMf,NTATION A. All records required by Chapter I 19, I:lolida Statutes. B. SPONSOR agrees to execute suclr llrlhcr documents as may be required by larv or prepared by the COUNTY to confinn SPONSOR's MOU. C. SPONSOR shall make available at any tin're upon reqLresl bv COUNTY, all reports. plans, surveys, infonnation, documents, maps. books. records, and other data procedures developed. prepared, assembled. or completed by SI,ONSOR for this MOU. Materials identified in the previous sentence shall be in accoldance rvith generally accepted accounting prilciples (GAAP), procedures, and practices. rvhich sufficiently and properly'r'eflect all revenues and expenditrrres of Funds provided directly or indirectll, by this MOU, including ntatching firnds. These recolds shall be maintained to the exlent ofsuch detail as rvill properly reflect all net costs. direct and indirect labor. materials. equipment. sr.rpplies and serr, ices. and other costs and expenses ofrvhatever natur€ for rvhich reimbursenent is clairned under the provisions of this MOU. D. Upon completion of all s,ork contemplated under this N4OU. copies of all documents and records relating to this MOU shall be surrendered to COUNTY. if requested. ln any event, SPONSOR shall keep all documents and records in arr orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date ofthe later olthe Atlordability I'criod or' final loan paymenl. If any litigation, claim, or audit is stamed befbre the expiration datc ofthe five (5) year period, the lecoLds will be maintained until all litigation, clainr. or audit findings involving these records are resolved. If SPONSOR ceases to exist after the closeout of this MOU. it shall notily the COUNTY in rvriting. of the address rvhere the records are to be kept, as outlined in chapter I 19. Florida Statutes, Wherever practicable. sLrch records should i\lIIP CoLLITR I.11) SI IIP RINTAI, DIJVELOPMENT st tRD22-00J EKOS Allegro 6 During dre term of this MOU, SPONSOR shallsubmit to the COUNTY Annual Auclited l.inancial Starements, one hundred eighty ( 180) days al'rel the SPONSOR's fiscal year end. Thc COUNTY rvillconduct an annual financial and prograrnrnatic revierv. SPONSOR shall maintain sufficient records and retain and make such rtcords available in accordance rvith those standards promulgated by Florida Statute Section 420.907-9079 and Florrda Administrative Code (Rule) 67-37. as applicable to SPONSOR as a non-state entity. to determine compliance rvith the requirements ofthis MOLI, and all other applicable larvs and legulations. This documentation shall include, but is not limited to. the folloning: Page 2387 of 5277 be collected. transmitted. and stored in open and machine-readable forrnats. Should SITONSOR possess any public records, it shall r:reet all requirements for retaini:rg public records and transfer. at no cost to COUNTY, all public records in SPON SOR's possess ion upon renn irratiorr olthe MOU and deslrol.anl duplicate exempt and/or confidential public records thal are {l-ec from public records disclosure retluirenrents. r\ll such records slored electlonicallv rnust bc provided to the COLINTY in a lornrat that is cornpatible with the COUNTY's inlirrrnariorr technology systems. COUNTY may request transt'er of rccords of long-tcnr value at thc end of the livc (5) ycar' lelention period. Wherevel practicablc, such records should be collected. transnlitted, alld stored in open and machine-r'eadablc fblmats. IT' SPONSOR HAS QUESTIONS ITEGAITDING THE APPLICATION OE CI.IAPTEIT I I9, FLORIDA STATUTES, TO 'I'HE SPONSOR'S DUTY TO PROVIDE PUIILIC RECORDS RXLATING TO THIS MOU, CONTT\CT THE CUSTODIAN OF PUBLIC RECORDS AT 2i9-252-2679,II irhael. Ilrorl.nlcc alcollicrcou ntvl).gov , J299'l'amianri Trail E, Naples FL 34112 E. SPONSOR is responsible for the creation and maintenalce of incolne eligible tiles on clietrts served. and documentation that all households are eligible under Florida Housing Finance Corporation ("FHFC'') Income Guidelines. Income cedification docurnentation rvill be validated at interim and closeout nronitoring. SPONSOR agrees that CHS shall be the final arbiter ou the SPONSOR's compliarrce. I'. SPONSOR shall document how it cornplied rvith the SHIP Program componcnts, applicablc regulations included in PAR'f V, and the eligibility requircment(s) under which F-unding rvas received. This includes special requirements suclr as necessary and appropriate determinations, as defined in PART V, including income cenilicalion and rvritten agreements with lcsidential tcnants, rvhere applicablc. G. SPONSOR shall provide the public rvitlr access to public records on the salne terms and conditions that the COUNTY rvould provide the records and at a cost that does not exceed the cost provided in Chapter ll9. Florida Stalures or as otherwise provided bl larv. SPONSOR shall ensure that exelnpt and/or confldential public records that are fice fi'orn public recolds disclosure requirements are not disctosed e\ccpt as authorized by Flolida StatLnes. 't .,. I\'I}IP COI-I.IER L.TI) SIIIP RE)i1-AL DEVELOPMENT sIRD]2-004 IIKOS Alltgro H. Nonvithstanding any provision in the Loan Docfimenrs ro the contmry. SPONSOR agrces rhat the f'ailure or delay by the COLNTY in giving any notice or statement hereunder or under an1, other Loan Document, or any inaccuracv therein or incompleteness thereoi shall not in an) rvay alter ot affect the absolule and unconditional obligation of SPONSOR to pay and perfbnn in full, the obligations set forth hereunder, but any action taken or not taken by SPONSOR as a direct result of such lack or delay of notice, or of SPONSOR's good faith lcliancc upon a rnaterial inaccuracy therein or the nratelial incon:pleteness thereof, as the case may be, shall not in and of itself, and to the extent thereof. constitute an Event of Default hereunder, so long as the SPONSOR does not otherrvise have or rcceive rvritten notice or actual knorvledge of tlre rnatcrial contents or substance ofsuch notice. or ofthe intended substance ol'any inaccurate or incornplete notice, as the case may be, and SPONSOR acts. at all times. in good faith. Page 2388 of 5277 SPONSOR agrees that COUNTY ma)' carry orrt no fewer than one ( I) annual on-site moniloting visit and cvaluation activities, as determinecl necessary. At the COUNTY's discretion, a desktop review ofthe activities may bc conducted in lieu ofan on-sitc visit. The continuation ofthis MOU is dependent upon satisfactory cvaluations. SPONSOR shall, upotr the request oICOUNTY, submit iuformation and status repolts required by COUNTY ol FH[C. to evaluate said progress and allorv lor completion ol requircd reports. SPOn'SOR shall allorv COUNTY or FHFC to nronitor SPONSOR on site. Such site visits ma1, be scheduled or unscheduled, as deterrnined by CO[IN-|Y or FHFC. For such site visits. the COUNTY rvill provide lhe SPONSOR with at least one business day priol rvritten notice before conducting a sile visit. At any time during normal business hours and as often as tlre COUNTY (and/or its representatives) may deem lecessary, SPONSOR shall makc available for revicrv. inspection. or audit. all records, documentation, and any other data reiating to all nratters covcred by the MOU. The COUNTY rvill monitor the performance of SPONSOR in an attempt to Dlitigate fi'aud, \yaste, abuse. or non-performance, based on goals and perforrnance standards. as stated rvith all other applicable laws. regulations. and policies Boverning the Funds provided under this MOU. Substandard performance. as dctermined by COUI.\TY. will constitrte noncompliance u'itlt tltis MOU. lfcorrective action is not taken by SPONSOR within a reasonable period after being notified by COUNTY. MOU suspension or termination procedures rvill be initiated. SPONSOR agrees to provide the Florida Auditor Ceneral, the COUNTY, the COUNTY's internal auditor(s). or theil representatiyes access to all records related to performancc of activities in this MOU. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SPONSOR shall establish, rnaintain, and utilize the Fraud, Waste, and Abuse Policy required under Section I .2B ofthis MOU to preyent, detect. and correct incidents of fraud. rvastc. and abuse in the perlormance ofthis MOU. and provide the proper and effective management ol all SHIP Progranr Funds ofthe MOU. SPONSOR's Fraud. Waste, and Abuse Policy required under Section 1.28 of this MOU and all transactiorrs and other significant events related to this MOU antl its pertbrrnance shall be clearly documented. and the docunrentation shall be leadily availablc for monitoring by COUNTY. SPONSOR shall provide COIJNTY rvith cornplete access to all ils records. employees. and agents for the purposc of rronitoling or investigatinS the perfonnancc olthe MOU. Sl'ONSOR shall firlly cooperate rvith COLINTY's el'for1s to detect, investigate, and prevent fraLrd, rvaste, and abuse. COLTNTY shall be plovidcd instant and con:plete acccss, rvithout rvarning, to all records. ernployees. and agents of thc SPONSOR upon reasonable aniculatable suspicion of SPONSOR malfeasance or fraud, for the purpose of investigating the perlormance of the MOU. SPOI.'-SOR understands that nraking false staternents or clainrs in connection rvith this award is in violation ol'State ofFlorida larv regardless ofwhether the statc has title to thc money or properly. SPONSOR may not discrim inate against any enrplol,ee or othcr person rvho repons to COUN'IY. or to any appropriate lau, enforcement authority. a Yiolation o[ the tenns of this MOU, or any larv or regulatiorr ilthe report is made in good f'aith. 8 i'. MHP COI,LIER LTD SHIP IlLN'I'A[- DEVIiI,OPMF]NT sllRD22-004 E(OS /\llegro 2,3 N,IONITORING Page 2389 of 5277 2.5 CORRECTIVE ACTION Corregtive action plans nray be required lor noncompliancc. nonperfonlance. or unacceptable pelfonnance under this MOU, Penalties may be imposed tbr f'ailure to intplement or to nrake acaeptable progress on such corrective action plans. 1'o effectively enforce COUNTY Resolution No.20l3-228. COIINTY has adopted an escalalion policl to ensure continued cornpliance h1' Subrecipients. Sponsors. Devclopers. or any entiO, receiving loan funds fionr COUNTY. COUNTY's policy for escalation lor noncompliance is as follorvs: Initial noncompliancc may' result in the COUN'l'Y issuing Findings or Concerns to SPONSOR. s,hich *ill require SPONSOR to submit a correclile action plan io the COUNTY rrithin l5 day's follorving issuance ofthe reporl. a. Any pay requests that have been subnitted to tlrc COUNTY for payrnent will be held until the corrective action plan lras been subrnitted. b. COUNTY will bc available to provide Technical Assistance ('l A) to SPONSOR. as needed, 10 corlect the noncomplia ce issue. If Sl'ONSOR fails to submit the corrective action plan to the COIJN'fY in a timely manner, COUNTY ma1'requile SPONSOR to return a porlion of the arvalded loan amount. J ) ; a a COI-INTY may r-cquire SPONSOR to letum upsards of 5 percent of the auard amount, at the discretion ofthe Boa[d. b. SPONSOR rvill be considered in violation of Resolution No. 20li-128. b. SPONSOR rnay be denied future consideration as set fonh in Resolution No.20l3- 228. IfSPONSOR remains noncornpliant or repeats an issue that was previously corrected and has beeu infonned by COUNTY ol their substantial nt:ncompliance by certified rnail, the COUNTY may require SPONSOR to return a pofiion oltltc ar.varder{ loan amount. a. COUN-|Y nray require SPONSOR to retur,r to the COUN'|Y Ltprvards of l0 perceut ofthe arvard anrount. at the discretion ofthe lloard. b. SPONSOR rvill be considered in violation of l{csolLrtiLrn No. 2013-228 If after repeated notification. SPONSOR continues to be substantially noncorrpliant. COUNTY ma;' reconrnrend the MOU or auard be ternrinated. COUNTY rvill nrake a recomrnendation to thc lloard to irnnrediately terminate the corltmct or MOU. SPONSOR will be requilcd to lepay all Funds disbursed by COUNTY for thc terminated project. MI'III COI,t,IER LTD Sl llP ttliNT,\L DEVELOPMENT sllRDl2{l0l EIiOS Alhgro 9 L Page 2390 of 5277 lf SPONSOR has multiple agreernents with the COUNTY. and is lirund to be noncompliant- the abovc sanctions may be imposed across all awards, at the Board's discrction. 2.6 I{I]PORTS During the tern of this MOU, SPONSOR shall subnrit annual progrcss reports to the COUN-f Y on lhe 3 I st day of October annually, cornnrencing October i l. 2024. As pam of the repofl submitled at the end of the project. SPONSOR agrees to include a comprehensive final repon covering the agrccd-upon SHIP Proglam objectives. Exhibit C is a reporling lbrm to be used in firllilhnent of this requirernent. Othel reporting requirements rla)' be required by the County Manager or designee if the SHIP Program changes, the necd for additional infornration or documentation arises b,v requirement of the State Govenlment. and/or legislative arneudmer'rts are enacted. Repons arrd/or requested documentatiol not received by the due date shall be consideled delinquent and rnay be causc lbr default and termination ofthis MOU after the expiration of all applicable notice and cure pcliods. lf approved by the COUNTY prior to submission, such approval not to be intentionally delayed, SPONSOR may satisfo these other reporting obligations by subrnitting similar reports required ofthe SPONSOR by Florida Housing Finance Colporation. Remainder of Page Intertionally LeIt tslank i\,,HP COLI.IEIT I.TD SHIP REN IAI, I)EVI:I-OPMENT sHRD22-00{ tKOS AlleSro t0 Page 2391 of 5277 3.I SIJIICONTIIACTS No part of this LIOU may be assigned or subcontracted \\,itirout the written conscnt of thc COUNTY. excepl for transfers permitted under the tenns of the Declaration ol Resffictive Covenants, \yhich consent. ifgiven at all, shall be at the COUNTY'S sole discretion andjudgment. Any assignee shall be bound by all the terms ofthis assigned document and its accompanying Loan Docurnellts. 3,2 C[NIIIALCOIVIPLIANCIi SPONSOR agrees to cornply rvith all applicable larvs. regulations. and policies goverrring the Funds provided under this MOU. SI'ONSOR further agrees to utilize Funds available Lrndcr this MOLj to supplenrent rather than supplant I-unds other*ise a\'ailablc. SPONSOR is prohibited frorn using Funds provided herein. ol personnel enlploycd in the administration ol the SHIP Program. for political activities, inherently religious activities, lobbying, political patronage^ and/or nepotism activities. 3.3 INDEPENDENTCONTRAC'I'OR Nothing contained in this MOU is intended to. or shall be construed in arrl manner. as creating or establishing the relationship ot enrplover/em ployee bet\\een the parlies. SPONSOlL shall alrvays remain an "independent contractor" rvith lespect to the services to be performed undef this MOU. The COUNTY shall be exenrpt from paynrent of all Unerrployrrent Compensation. FICA, letirenrcnt. life and/or rnedical insurance. and Workers' Con:pensation Insurance. as the SPONSOR is irrdcpcudent frorn the COUN I Y. 3.4 AMENDMENTS 'lhc COUNTY and SPONSOR ntal anrend tlris MOU. at an_'" time. provided that such amendnrents rnake specific reference to this MOU. are executed iu rvriting. signed by a dLrly autholized reprcsentative o1'each organizalion. and approved by the COUNTY'S govelning body, Such amendrnents shall not invalidate this MOU. nor lelieve or release the COUNTY or SI')ONSOR lionr its obligations under this i\'lOU. l'he COUNTY may, in its disoetion. amend this MOU to conforrn rvith Federal. Slate, or Local govclnmcntal guidelines, policies, available funding anrounts. or other rcasons. lf such amendrnents result in a change in the funding. tire scope of sel'\,ices. or schedulc of activities to be undenaken as pan of this MOU. such modifications rvill be incorporated only b;- u,r'itten arrendment, signed by both COUNTY and SPONSOR. No rnodification or rvaiver of any provision of the Loan Documer.tts, and thc Declaration ol Restrictive Covenatts, nor consent to any departure by SPONSOR therefr-om shall in any event bc effective unless the sanre shall bc in rvriting, and such u,aiver or consent shall be eft'ective onlv in the specific instance and for tlre purpose for rvhich given. No failure or delay on the part of the COUNTY in exercisilg any right, power, or privilege hereunder or under the Loan Docurnents YIIP COLLIER LTD s H I P RENTA L DEvULOPM E^-T 5HRD22-004 EKOS AlleE.o PART III TERMS AND CONDITIONS II,' Page 2392 of 5277 shall operate as a waiver thcreof. nof shall a single or panial exercisc tlrerso f plec lude any olher or ll her exercise theleofor the exercise ofanl'other right. po\er. or privilegc. 3.5 INDEMNIFICATION To the rnaxirnurn extent permitted by Florida larv. SPONSOR shall indemnify and hold hanrless the COUN'fY, its r:fficers, agents. and ernployecs frnm any and all actual. thild-parw- claims. liabilities, damages, losscs. costs. and causes of action. including but not lirnited to, reasonable attomeys' and paralegals' lees, rvhich arise out of an act or ornission, to lhc extent caused by the negligence, rccklessness, ol intentionalll' rvrongful conduct of SPONSOI{ or any of its agents. oflicers. servants, employ'ees. conlraclors. patrons, guests. clients. licensees, invitees. or any persons acting under the direction. control, or supervision ol the SPONSOR in the perfonnance ol this MOU. This indernnification obligation shall not be construed to negate. abridge- or reduce anl' othcr rights or remedies. rvhich othenvise may be available to an indenlnified pafly or person described in this paragraph. SPONSOR shall pay all such actual third-party claims and losses of an) nature whatsoever in connection therervith and shall defend all suits in the name of the COUNTY and shall pa)'all actual third-part-v costs (including reasonable atlonrey's fees) and judgments which rnaf issue thereon. The loregoing indemnificatiorr shail not constitute a l,aiver ofsovereign immunity bey'ond the linrits set forth in section 768.211. Florida Statutes. This section shall survive the expiration or ternrination ofthis MOU. J.6 GIIANTOITRICOGNITION SPONSOR agrees that all notices, infonnational parnphlets. press relcases. advertisements. descriptions of activitr related to EKOS Allegro Clhe PROJEC-l-') including but not limited to research reports, and similar public notices, whether printed or digitally prepared and released by SPONSOR for. on behalfof. and/or about the Project shall include the statenrent: .FINANCED IN PART BY FLORIDA HOUSING FINANCING CORPORATION AND COLLIER COUNTY CONIMUNITY AND HUMAN SERVICES DIVISION" and shall appear in thc same size lctters or type as the namc oftl're SPONSOII. This design concept is intended to disseminate kef in[ornration regarding the developnrent tealt to the general pubJic. ].7 DEBARN{ENT AND SUSPENSION SPONSOR certifies that neither it. nor its principals, are presentl)' debarred, suspended, proposed for debarment, declaled ineligible, ol voluntarily excluded ftorn participation in this transaction by any Florida State Department or agency: and, that SPONSOR shall not knorvingll. enter into an1. lorver tier contracl, or other covered transaction. rvith a person who is similarly deban.ed or suspended fiom participating in this covered transaction, as outlined in Florida Statute Chapter 287. including the requirernent to include a tenr or condition in all loN'er tier coycred ransactions ) that the award is subject to Florida Chapter 287. 3.8 DEFAULTS, REMEDIES, AND TERMINATION This MOU may be tenninatcd for convenience by either tlre COUNTY or SPONSOR, in rvhole or in part. at any tirne prior to the disbursement of the Funds to the SPONSOR, by sctting forth the teasons for such tetntination, the elfective date, and, in the case ofpatial teflninations, the poftion. ItllP COLLII:R LTD SIIII) ItENl'AL DEVELOPMENT slrRl)21-001 IlT{Os,Ulegro e Page 2393 of 5277 ro bc terntinated. Horvever, in the case ofa partial terrrination, at any time prior to the disbursenrent of thc lrunds to tl]e SPONSOR, if the COUN'IY determines that the retnaining portiou of the arvard rvill not acconrplish the purpose for rvhich the arvat-d was made, the COUNTY Inay te ninate the arvard in its entirety. This MOU may also be tenrinated, at any time plior to tlre disbursement of the ljunds to the SPONSOR. if the arvard no longer effectrtates the SHIP Prograrn goals or COUNTY priorilies. The lollowing actions or iuactions by SPONSOR shall conslitute an "Event of Defauh" under this MOU if, lollorving the SPONSOR's receipt ol written notice frotn the COUNTY of such aclions ol inactions. the SPONSOR fails to cure such actions or inactions rvithin thirt-v (30) days after rvritten notice thereof is received by the SPONSOR fronr the COUN1'Y provided horsever'. that if any action or inaction cannot reasonabl;- by cured within thirl' (30) da1's or', in the eycrt of issues ofhealth, safery, or rvellhre. twenty-four (24) hours. SPONSOR shall have an additional pcriod of tinle as is reasonably necessary, as reasonably deterrnined by the County lV1anager or designee. to cure suclr actions or inactions: A. Failure to comply rvith anv ofthe rules. regulations, or provisions refelred to herein. ot such statutes. regulations. executive orders. and guidelines. policies. or directives as may become applicable at an1' tirne. B. f-ailule,foranyreason,tot'ulfill in atirnely and proper manner its obligations underthis MOU C. Inellective or improper use ofFunds provided under this MOIJ. D. Submission ofreports to the COUNTY that arc inconect or incolnplete in any material respect E. Subrnission ofany false certification. F. Failure to materially cornpll'rvith any ternrs of this MOU. G. Failure to materially comply with the ternls of any Loan Docurnents between the COUNTY and SPONSOR relating to the project. LI. SPONSOR assigns this IV1OU or an)' mone) advanced hereunder or anf interest herein. I. Ifany representation or warranty made herein or in any repon, certificate, financial statenrenl, or other instrument furnished in connectiort with tltis MOU or the Loan shall prove to be false rvhen made in any material respect. J. Ilmaterial adverse changes occur in the fi na nc ial condition of the SPONSOR at any tirne during the MOU. and SPONSOR fails to cure this adYerse condition within lhifty (30) da,r,s from the date \\ritten notice is sent by the COUNTY. ln the event ofany Evcnt of Default by SPONSOIT under this MOU, u4rich is continuing beyond the expiration of all applicable notice, grace. and cure periods, the COUNTY may scek any combination ofone or more ofthe follorving rerncdies: A. Require specific perfonnance ofthe MOU, in rvhoie or in pafl J\IHP COLLIER LTD SHIP RE\TTAL DI]VEI,OPI!{I,:NT SHRD22.OO4 EKOS Allcgrc 13, Page 2394 of 5277 B. Ilequire immediate repayment to the COIJNI-Y of all I"Lrnds that SPONSOR has rcccived unde'r' this MOU. as sct lbrth in Scction I .4. C. Apply sanctions. ifdeterrnined b1.the COUNTY to bc applicable D. Stop all paynrenls, until idcntified deficiencies are corrccted. E. Tenninate this MOU by giving written notice to SPONSOR spccilying the effective datc of such termination. If the MOLJ is terminated by the COUNTY. as provided herein. SPONSOR shall have no claim of paynlent or benefit for any incornplete pro.ject activities undeftaken Lrnder this MOU. CREA Corporate Tax Credit Fund XXXIll. LLC. a Delaware linited liability cornpany. its successors or assigns, shall have the right. but not the obligation, 10 cure an)'and all SPONSOR default or Event of Default. ard the COUNTY shall accepr such cure as il it rvas tendcred by the SI,ONSOR. SPONSOR shall not commence any rvork or services pursuant to this MOU until all required insurance. included in Exhibit A has been obtained. Said insurance shall be carried continually during SPONSOR's perfonlance under the MOU. 3.10 LOAI- CLOSEOUT PROCEDURES SPONSOR's obligation to thc COUNTY shall uot end until all closeout requirements arc cornpleted. SPONSOR rnay close out the project with the COUNTY aliel the expiration of the lvlOU and completion of the AlTordability Period. Activities during this closeout period shall inciude. butare not limited to making final pa)'ments. pa.v..ment of all interest due. and determining the custodianship oilecords. In addition to the records retention outlined in Section 2.2, SPONSOR shall conrply with section i 19.021, Flolida Statutes regarding records rraintenancc, preseryation. and fetention. SPONSOR shall also produce records arrd infomation that conrply' rvith section 2 15.97. Florida Single Audit Act. SPONSOR agrees that no pcrson shall be cxclLrded fiorn the beneflts of. or be subjected to. discrimination under any activit)' carried out by the perfbrrnance of this MOU bascd on race. color'. disabiliry, national origin, religion. age. fanrilial stanrs, or sex. Upo!1 receipt of evidence of such disclinr ination, the COUNTY shall have the right to terminate this MOIJ. 3,12 CIVIL RIGHTS REQUIREI\IENTS SPONSOR shall corrply rvith f itle Vl of (hc Civil Righrs Act of 1964, ',vhich prohibits recipienrs of lederal financial assistance from excluding from a progtant or activity, denying benefits ot'. oL otherwise discrinrinating againsl a person on the basis ol- race. color, or national origin (42 U.S.C. $ 2000d et seq.). as inrplemented by the Departnrent ofthe'l'reasury's Title VI regulations.3l CFR Parr 22, ivhich are herein incorporated by reference and nrade a part of this MOIJ, Title VI also includes protectiorr to persons with "Lintitcd English l,roficiency" in any program or activity V}IP COLLIER I II) sl P R[\'l-AL t)l: vt]LoPlvtENt' s RD:2-00.1 IiKOS Allegro l,l 3.9 INSUIIANCE 3.I1 DISCIIIMINATION AND CIVIL RIGHTS COMPLIANCE Page 2395 of 5277 receivinB f'cderal financial assistance,l2 U.S.C, $ 2000d et seq.. as implemcntcd by tlre Departrnent of the 1'reasury's Title Vl regulations, 3 I CFR Parr 22. and herein incorpotated by reference and made a parl of this MOI.J. 3.13 COi\-FI,ICT OF INTEIIEST SPONSOR covenants that no person under its emplol. rvho prcsently exercises an)' functions or responsibilities in connection with the Project. has any personal llnancial intercst, direct or indirect, in the Project areas or any parcels therein. which uould conflict in any manner or deglee rvith the performance of this MOU. and SI'ONSOR tvill not employ ol'stlbcontract any person having anv conflict of interest. SPONSOR also covenants that it \\ill cornply rvith all Conflict of lnterest provisions of State and Court)'stalutes. regulations. ordinances. or Iesolutions governing conflicts of interest. SPONSOR will nolify the COUN'I Y. in rvriting. and seek COUN1'Y approval prior to entering into any contract rvith an entity orvned irr rvhole or in part b1 a covered person, or an entit) owned or controlled in rvhole or in part b1'the SPONSOR. The COUNTY tnal' reviel the proposed corlract to ensure thal the contractor is qualified. and the costs are reasonable. Approval of an identity ofinterest contract rvill be in the COUNTY's sole disclction. This provision is not intended to limit SPONSOR's ability to self-nranage the projects using its orvn employces. SPONSOR shall establish Conflict of Interest reponing requirenrenls for its staff to repo their' panicipation as a bencficiary in the SHIP Progranr supponed by this MOU. Such reponing shall also incor?orate reporting the participation oftheir family menlbers who include a spouse or civil union partner, member of the sarne household, parent (including step- and in-larv)- grandparent (including step- and in-larv), child (including step-) or grandchild (including step-). sibling (including step- and in-larv), cousin. aunt, or uncle. Any possible conflict of intercst on the pan ofthe SPONSOR. its employees, or its contl'actors shall be disclosed. in sriting. to COUNTY provided houever'. that this paragraph shallbe interpreted in suclr a nranner so as not to unreasonabll intpede the statutory requirenretrt thal ma\imun'l opportunity be provided for employrnent and parricipation of lorr- arrd nrodcrate-inconle rcsidents ofthe projecl target area. 3.1.t L.'CIDENTREPORTING lf SPONSORprovides services to clients underthis MOU, SPONSOR shall reportto tlre COUNTY any knowledge or reasonable suspicion ofabuse, neglect, or exploitation of a child, aged person. or disabled person. During the ternr of this IVIOU. SPONSOR rvill notifi the COUNTY via telcphone (pursuant to Section I .6 of the N4OU ) or email to the COUNTY's Director of Comm unity antl Hurnau Serv ices. of any substantial. controver sial, or newswofthy incidents wh ich will have a rnaterial adverse e ffect on the COUNTY within one ( l) business da;- alicr SPONSOtt receives actual notice of the occunence ofsuch an event. SPONSOR rvill subnrit an incident reporl to tlre COUNTY rvithin five (5) business days aftcr SPONSOR receives actual notice ofthe occurrence ol'such an event, using the Collier Counry Standard SPONSOR Incidenl llepoft Forn'r. i\]IIPCOLLIER T'I'D StilP RENTr\L DEvlil-OPMIN I' slJat)22-00.r LKOS Allegro 15 Page 2396 of 5277 3.15 3.16 SEVERABILITY Should any provision of the MOU be determined to be unettforceable, ol invalid, such a dctcrmination shall uot affecl tlre validity or enforceability ofany olher section or part thereof. WAIVER l-he COUNTY'S failure to act wilh respect to a breach bi SPONSOR does not rvaive its right to act with respect to subsequent or similar breachcs. The COUNTY'S failure lo exercise or enlbrce any'right or provision shall not constitute a rvair,er ofsuch right or provision, 3.1'7 MISCf,LLANEOUS SPONSOR and COUNTY each binds ilself, its pafiners, successor's, legal t epresentatives. and assigns ofsuch other party in respect to allcovenants ofthis MOU. SPONSOR represents and warrants thal the financial data, reports, and other infomration regarding the Project that it fLrrnished to the COUNTY ale accurate and complete as ol the date such inlbnnation rvas furnished, and financial disclosures fairly replesent the flnancial position of lhe SPONSOR as of the date of such financial disclosures. SPONSOR agfees tl]at slrould any report, cenificate. financial statement, or other instrument furnished by SPONSOR in connection with this MOU or the Loan be subsequently amended ir any material respect, SPONSOR shall plovide a copy of such amended document to the COUN'fY within (30) thirty da,vs after SPONSOR receives such amended document. SPONSOR certifies that it has the legal authority to receive the Funds undel this MOU and that its governing body has authorized the execution ard acceptance of this MOU. 'l'he SPONSOR also certifies that the urrdersigned person has the autlrority to legally execLrte and hind SPONSOIT to the tenns of this MOU. The section headings and subheadings contained in this MOU arc included fbr convenience only and shall not lirnit or otherwise affect the terms of this MOU. The l.oan Documents shall be construed in accordance rr.itlr and governed bl,the laus ofthe State ol I'lorida, rvithout giving effect to its provisions regarding choice of laws. All activities authorized by this MOU shall be subject ro and performed in accordance uith the provisions of the terms and conditions of this MOU rvith the COUNTY. all applicable Federal, State, and Municipal larvs. ordinances. regulations. orders, and guidelines. This MOU, documents ancillary to this MOU. and other related documents entered into in colneclion rvith this MoU. are signed when a part-v's signature is delivered by facsirnile, e-rnail, or any other electronic nrediunt. These signatules must be treated in all respects as having the sar:re folce and et'lecl as original signaturcs. N4IIP COI.LIEII I-'ID sHrP l{ENl At. t)livEt,oP}tIiNt sHItD2.l-00.1 EKOIi Allegro 16 Page 2397 of 5277 Remainder of I'agc Intentionally Lell Illank )VII]P COLLIER I-TD Sl llP RENT^I- DEVELOPIIItiNl sHRD22-00.r IiKOS Allcgro t1 Page 2398 of 5277 PAITT IV GENERAL PROVISIONS 4.1 4.2 4.3 Sections 420.907-420.9079. Ijlorida Statules, and Rule 67-37 Florida Adnrinistrative Code as amended l'rtlD://!v!v\v.les.state.fl.uVstatutes/index.cfm?App mode=Displav Statute& U ttL=0400- httos:,/,/rrrvrv. fl ru les.org/pate\\'av /ChaoterHomc,asp?Chaotcr=67-17 Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accomrnodations Under the Fair Housing Act. https://n rvrv.hud.uoy/sllevdaqurr{VDqc 1 7 7 \ .PDF https:,/lu.rvrr. i ustice. go v/crVfair-housine-act I Execulive Order 11063 Equal Opporrunity in Housing htlps:r/rvrvrv.arch ives. gov/federal- legister/co d itlcation,'executivc-order/ I I 063.htrn I Ilxeculivc Order 11259 - t,eadcrship & Coordination ofFair llousing in Fedclal l)rograms https://u rr rr..arch ives.eov/ledcral-reg lster'od itlcation./executivc-orderl I 2259.htrn Ic 24 CFR Part 107 - Non- Discrimination and Equal Oppomunitl in Ir tt ps ://\vw\y. law. conrelllidlrlc lrllej\t/241Bar!187 Housing under E.O Title VI of dre Civil Riglrts Acl of 1964 (42 USC $ 2000(d) ct seq., and'freasury's implenrentirrg regulation at 3l CFR Part 22). as amended. Title VIII ofthe Civil Rights Act of 1968. as arnended https;/./rvrvrv. hud. glrr,/oroerarn descriotion/tit le6 4,4 The Americans with Disabilities Act of i990: Public Larv' l0l-336.42 U.S.C. Section 12101 et I 336 AmericansW ithDisabilitie s.od fseqhtto://librarv.clerk.house.qov/reference-fi Ies/PL IO {.5 https ://u"rvu'. larv.c ome I I . ed u/u scod e/tqEU42l L2 l 0l Proofof Larvful Presence. SPONSOR acknowledges that the Sl'{ IP funds are a "public benefit''. As such, the SPONSOR shall cnsure compliance by perfolming rcquired verifications. Specifically, rvhen required the SPONSOI{ shall ensule that: a. if the public benefit provided by the lunds florvs directly to a natural person (i.e.. not a corporation, pannership. or other legall)' created entit)) l8 ;"ears of age or older. he/she must do the follorving: (i) cornplete an affidavit stating he/she is an alien lawfully present in the United States: or (ii) attach a photocopy ofthc fronl and back ofone ofthe tbllorving fonns of idcntificat ion: a valid Florida driver's license or l-'lorida identification card: a United States rnilitary card or nrilitary dependent's identification cald; a Unit€d Strtes Coast Guard Mcrchant Mariner identification cald; or a Natiye American tribal docur'|1ent. b. lf an individual applying lbr the benefits identit'ied hercin c\ecutes the afUdavit stating that he/she is an alien lawfirlly present in the United States. SPONSOR shall velify his.,lrer larvlirl M PCOI-r.rERLID SI IIP ItINTAI- DEVELOPMI'N]' sHRDl2-004 EKOS Allcgro 0499/0.120/04?0,html l8 Page 2399 of 5277 4.6 4.1 4.8 4. l0 prescnce tlrrough the llderal systenratic alien verification or cntitlement prograrn. known as the "SAVE Program." operated b)' the U.S. Deparlnrent of Horneland Sccurir_-r or a successor program designated by said departmenl. In the event SPONSOII detenrines through such verification process thal the individual is nol an alien lawfully present in the Llnited Statcs. the SPONSOI{ shall r'rot pl'ovide benefits to such individual rvitlr the COLNTY's funds. t,obbying: No lunds reccived pursuant to this MOU rnay bc cxpended lor lobbying the Legislarure. thejudicial branch. or a state aSency. Arrest and Conviction [iecords: State la\\,s restrict use of arrest and conviction records in the employrnent conlext, except rvhen specifically authorized. The SPONSOR agrees to avoid the misuse of arrest or conviction records to screen applicants lor eurploynrent or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employrrent discrinrination unless use is otherwise spccifically authorized by law. False Clairn; Criminal, or Civil Violation: SPONSOR nust promptly ref'er to COUNTY an1.' credible evidence that a principal, employee, agent, contractor. subcontractor, or other persoD has either (i) subrnitted a t'alse claim lor loan funds under rhe False Claims Act or (ii) comnritted a criminal ol civil violation of larvs penaining to fraud. conflict of interest. blibery, gratuity. or sinrilar misconduct involving this MOU. Political Activities Prohibited: None ofthe Funds provided directly or indirectly under rhis MOU shall be used for any political activities or to further the election or defeat of anv candidates for public office. Neither this MOU nor any Funds provided hereundcr shall be utilized in suppon of any partisan political activities or activities for or against the election ofa candidate fol an elected olfice. Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor- gift, Ioan. fee. service- or other itent of value to any COUNTY employee, as set fonh in Chapter I 12, Part III, Florida Statutes, Collier County lithics Ordinance No. 2004-05. as anrended, and County Adrninistrative Procedure 531 I . Florida Statutes- httos://n rvrv. lawserv .com/larv/state/tlorida./statutes/tlor-ida statLr chapter ll2 oart iiiI l.l I Collier County- lXp://*,mv.qolliergov.retlhome/shorvdocument?id=35 l 3 7 Order of Precedence - In the event of any conflict benleen or among the tenn s of anv of the l-oan Documents, the tenrs of the MOU shall take precedence over the terms ol all other Loan Documents. except the temts ofany Supplemental Conditions shall take preccdence over the MOU. "l-o the extent any conf)ict in the ten:rs of the Loan Documents cannot be resolved by application ofthe Supplemental Conditions, ifany, or the MOU, the conflict shall be resolved by imposing the more strict or costlv obligation under the Loan Documents upon the SPONSOR at COUNTy'S discretion. t9 ..' i\,fiP cor.LltR t.ID SIIII' RENTAL D!VELOPi\'IINT sIRt):t-00.1 EKOS Allcgro 1.9 Page 2400 of 5277 4.12 4.13 4.11 Venue-Any suit of action brought by either party to this MOU against the other parly, relating to or arising out of this MOU, nrust be brought in the appropliate t'ederal ol srate couns. in Collier Countl', FL rvhich coufls have sole jurisdiction on all such nrattcrs. Dispute Resolutiorr - Priol to the initiation of any action or procccding perrniltcd by this MOU to resolve dispules benveen the parties. the parlies shall tnake a good t'aith etforr to resoh,e anl. such disputes by ncgotiation. Any situations rvhen negoliations- litigation and/or mediation shall bc attended by reprcsentatives of SPONSOR rvith full decision-rraking aulhority and by COUNTY'S staff person rvho rvould make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the cornnrencement ofdepositions in anv litigation between the parties arising out ofth is MOU. the parties shall atternpt to rcsolve the dispute through Mediation betbre an agreed-upon Circuit Coun Mediator ccnified by the State of FIorida. Should either party thil to submit to mediation as required hereunder, the other party rnal' obtain a courl order requiring rnediation under S 44. 102, Florida Statutes. fhe Iitigation arising out of this MOU shall be adjudicated in Collier County, Florida, if in state court and thc US Distlict Court. Vliddle District of Florida, if in fedelal coun. BY ENTERINC INTO TlllS MOU. COLLIER COUNTY AND THE SPONSOR EXPRESSLY WAIVE ANY RICHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL I-ITIGATION RELAI'ED TO, OR ARISING OUT OF. THIS MOU. Irttos://rvrvn. fl senate. eov/Larvs,'Statutesl 20 1 2 I 44. 1 02 As provided in g 287. 133, Florida Statutcs, by entering into this Nlou or perfonning any rvork in furlherance hereof. the SPONSOR cenifies that it, its affiliates, suppliers. subcontractors and consultants rvho will perfonn hereunder, have not been placed on the Convicted Vendor [,ist nraintained by the Slate of Florida Department of Management Services rvithin the 36 months irnrnediarely preceding the date hereof. This notice is required by $ 287, lll (3) (a), Florida StatLrtes. http:,/./w rvu,.les.state. fl. u s/Statules/index.c fin?A node=Displav SratLrtectSearch Strinc:&UR L=0200-0299/0287/Sections/0287. I j i.htrn I Florida Statutes section 448.095 Employment Eligibility. Per Florida Statute 448.095(3). all Florida private ernployers are lequired to verifo employment eligibility for all new hircs beginning January 1.2021. For purposes of satislying the requirement oltlris condition regaldiug velification of crrrployment eligibilitl, the SPONSOR shall panicipate in, and use, li-Verifr (rrtrv.e-verity.gov). provided an appropriate person authorized to acr on bchalfolthe recipient (or SpONSOR) uses E-Verify (ancl lollows the proper E-Verifu procedures, including in the event of a "Tentative Non-confinnation', or a "Final Norr-confimration ") to confirm enlployment eligibility fbr each hiring for a position in the United States thal is or rvillbe hrnded (in rvhole or in part) \\,ith a*,ard tiutds. ]\'IHP COI,I-JEI' LTD SIIIP REN'Ii\L DEVELOPMENT sl.tRD22-001 EKOS i\llcgro 20 (' Page 2401 of 5277 Quesrions about [:-Verifo should be directed to DHS. lor ntore inlonnation about E-Verifl'r'isit the E-Verifo rvebsite (https://u.rvs'.e-veri[y.gov/) or ernail E-Verif\ at E-Veriij,@dhs.gov. I:- Veril-r ernployer agents can ernail E-Verify at E-VelifyEmploverAgent@lbs4ey. Remainder of Pagc lntcntionally Left Blank i\IHP COLLIER I..]'D STIIP IILNI'AI- DI]VILOPi\,IIiN Ts ItD22-001 IKOS Allegro 2t 4.15 Florida Statutes ll9.02l Records Retention htto://rvrvrv.leg.state.il.uslStatutesi index.cfin?App_mode=Displa),_Statute&U RL=0100- 0199/0 | l9i Sections/01 19.021 .html .t.16 Florida Statutes. I 19.071. Conrracts and Public Records http://\yw\\,,leg.state.tl.us/Statules/index.ct'rn'lApp-mode:Displar- Statute&U RI-=0I00- 0 I 99/01 I 9/Sections/01 19.07 l.html Page 2402 of 5277 PART V RENTAL DDVELOPMENT PI{O,IECT REQUIRtrMENTS l-he L-oan is Iol conslruction of affordable lesidential rental housing in accordance rr ith the SlllP Progratn and Colliel County LHAP l;Y 2022-2025. SPONSOT{ shall perl'ornr lhe following activity under this MOtl: 5.1 Affordabilitv ofSHIP-Assistcd Units For the duration ol'the Aftbrdability Period (30 -veaLs). as defined in the Note. Mortgage. and Declaration of Restlictive Cover)ant of evcn date, thrce (3) flonting units in the Project shall be floating SHIP-Assisted Units (as defined belorv). Thc floating SHIP-Assisted [Jnits in the Project shall be lcnted ol heltl available lbr rental on a continuous basis to persoils or fanrilies who. at the colnnrencer]lert of occupancy shall havc a verillcd annual income that does not exceed 50 percent (50%) ofthe Arca Median Income (AMl), as defined by Florida Statutes for Collier Countv. Florida. Rents on these floating SlllP-Assisted Units shall be restricted to thc SlllP Program rent Iimits set lunher by Stanrte. Maximum eligible inconre and rent Iinlits are levised annually and are available frorn the COUNTY. SPONSOR covenants that thrce (3) units in the Project rvill be rented to Very-lorv-inconre eligible tenants. as defined b]'$420.9071, as may be anrended. All floating SHIILAssisted Units will cany rent and occupancy rcstrictions until f)ecember 10,2054. rvhich shall remain in forcc rcglrdless of transfer of osncrship and shall be in accordancc lvith the Dcclaration of Restrictiye Covenant, incorporated b,v reference, and Section 1.3 of this MOU. The floating SHIP-Assisted Units shall be rcserved for and rented to households rvhich qualily for Very-Lorv- inconre according to the follorving incornc linrits: 5,2 Tcnant Incomc an(l Rent Compliance SPONSOR shali determine and verif.v-, the eligibiliry of tenants in accordance rvith I IUD Section 8 housing assistance programs in 24 CFR Part 5 and Housing Opportunity through Modernization Act of 20l6 (HO-|MA) Final Rule. as inrplcnrented by COUNTY. Incorne shall he calculated by annualizing verified household income sources as the anlount of inconte to be received bl a household during the l2 months lollou'ing the effective date ofthe determination. SPONSOR nrust use the Annual Gross Income, as defined irr Section 420.907l(4), f lorida Statutes, to velily eligibility. SHIP Prograrr household income limits cannot be exceeded. SPONSOI( shall maintain cornplete and accurate incorne rccords pertaining to each tenant occupying a SHIP-assisted unit. Onsite inspeclions will be conducted annually, upon reasonable prior xritten notice, to verily compliance with tenant incomc, rents, and the nrinirnunr property standards, as stated in sections 420.907 -420.907 9, Florida Statutes. and I{Lrle 67-37, Florida Adnrinistrative Codc, as may be anrended from tinlc to time. \IIIP COLLIER I.TI) SIIIP REI!]AL DIJVI]LOP|\'IEN'I-s RD22-00t tiKOS AIIegro 1) Page 2403 of 5277 5.3 Program Set-Asides SPONSOR nrust rTleet thc follorving progranr set-asides: three (3) floating units in the l)r'dect rvill bc lentcd or set aside for rental by households rvho shall have a household incorne less than or equal to tift,v percent (50%) of the Area Median Incorne ("AMI") fol Collier County. Florida. adjusted tbr hoLrsehold size, as defined by Flolida Statule 420.907 l(the "Sll lP-Assisted Units"). Trvo (2) of thc floating SHIP-Assisted Units must be set aside lor rcntal to a Person rvith special needs. as defined in Florida Statule 420.0004(13). and their fanrilies. 5.4 Rcstriction on Use SPONSOR is required to compli, rvith all applicable SHIP progranr lequirements. including but not linrited to sections 420,907-420.9079, Flolida Statutes. and Rule 67-17. I"lorida Administrative Code. Any or all ofthese regulations may, bul afe not rcquired to. be specifically set fbrth in any additional documents executcd in conneclion rvith the Loan. SPONSOR shall include such language as the COUNTY may require in any agreements rvith potential tenants. 5.5 De fault of Promisson Notc In accordance rvith the Promissory Note. the SPOn*SOR is in default rvhen anl of the follorving events occur: A. Sale: il'proceeds are not sufficient to pay offthe Mortgage note, the properry- ou'ner (not-fbr'- profit or for-profit) may contact the COUN'l'Y regalding a settlement amourlt of the SI'llP toan. B. Title transfer: a I')lohibited Transfer as defined in the Declaration. either voiLrntarily or by operation of lawl divested of title by, judicial sale. lev\'. or other proceedings. including foreclosure; or Deed in Lieu. C. Refinance: a refinance oflhe first rnortgage may be approved \vithout repayment i[the reqLrest is subrnitted in rvriting and thc refinance is al a lorver'fi,red rate, rvith no cash out, in accordance with the "Subordirration Policy." Notwithstanding the loregoing, Borrorver shall be pennitted to refinance the First Mortgage (as defined in tlre Note). D. Property rvill no longer serve the intended targct poprlatiou 5.6 Assurance of Public Purnose. Unless the Morlgage is satislled and released. SPONSOR acknon'ledges and agrees that if SI,ONSOR elects to sell the PROJECT to a third party rvhich is unaffiliated rvith any of thc pannem of the SPONSOR or their respective me rnberVpartncrs and/or' affiliates befole the end ofthe 30-year AffordabiliB Period. SPONSOR rvill firsr offer the PROJECl' for pulchase to a nonprofit eligible sponsor (as defined by Section 420.9071 of the Florida Statutes) ("Nonprofit Eligible Sponsor") at thc then-current markct value of thc PROJECl' (the "ROFR Price',) to erlsure continued occupancy by eligible pcrsons (the "ROFR"), all in accordance rvith Section a20.9075(5)(i) of the Florida Statutes. \1HP COI.I.IER LTD STIIP REN'TAI, DEVIiLOPMENT sllRD2240{ EKOS All{8rc 2l Page 2404 of 5277 Conn)ensurate with the foregoing. SPONSOR shall plovide thc COUNI Y rvith rvritlen noticc of its intent to sell the PROJECT (thc "ROFR Notice"). The COUN'I'Y shall have no lcss than nincty (90) afier its receipt ofthe ROFR Notice (the "ROFR Period'') to: a) locate a Nonprofit Eligible Sponsor; and b) the Nonprofit Eligible Sponsor slrall enter into a purchase and sale agreernent rvith the SPONSOR ar the ROI]R Price. rvith closing within onc hundrcd and eighty ( I 80) days of tlrc ef'fectivc date of the purchase contmct and on such other lenns and conditions as are agrceable to SPONSOR (thc "ROFR Period l{equ irements"). If the fbregoing ROFR l)criod Requiremenls are nol s.tisfied during the ROFR Period, the ROFR shall terminate and be of no turther lbrce and effect. 5.7 Affirmatire Markctins SPONSOR shall adopt appropriate procedutes lbr affirnratively nralketing the floating Sl{lP- Assisted Units. Affimrative maketing consisls of reasonable. good taith cfforts to provide information and othenvise atlract eliSible persors to the available housing frorn all racial. ethnic. and gendel groups in the housing market area. SPON SOR is required to use affirrnative fair housing nrarketing practices in soliciting renters. deternrining eligibilitl'. concluding transactions, and t'urthering affinnative fair housing eflbrts. SPONSOR rnust maintain a tile containing all nrarketing efforts (i.e., copies of nelvspaper ads, nremos o[ phone calls, copies of letters, screen shots of interner and social nredia, etc.) to be available for inspection upon request by the COUNTY. SPONSOR must provide a description of intended actions tlrat rvill inform and other$ise attract eligible persons to the available housing from all racial, ethnic. and gender groups in the housing rnarket. SPONSOR nrust provide the COUNTY rvith an assessment of the alfirnrative nrarketing progran annualll', but no more than orce per calendar t'ear. Such assessrnent must include: a) rnethods used to inform thc public alrd potential renters about Fedcral Fail Housing larvs and affirmative marketing policy. b) methods used to inlonn and solicit applications lrom persons in the housing market who are not likely to appl) rr ithout special outlcach, and c) records describing actions taken by the SPONSOR and/or olvner to affirmatively markel lhe floating SHIP-Assisted Units and assess the resuhs of these actions. 5.8 Tenanl Lcases and Protections Tenants applying for the floating SI-llP-Assisted Units shall bc qualified on a first-qualitlcd. firct- served basis. Tenants must be income-eligible and must occup)'thc rental unit as a priman t'esidence. SPONSOR shallcontply rvith tlre provisions ofthc Florida Landiord l'enant Act defined in Chapter 83 Parr ll ofthe Florida Statutcs, the SHIP Progranr, and COUNTY requirements. rvhich proh ibit certain lease lerms. All tenant leases for the floating Sl{ lP-Assisted Units shall be explessly suboldinate to the Note and shall contain clauses, among others, rvhercin each individual lessee: A. Agrees that the household incor:te. household composition. and other eligibilify requirernents shall be deetned substantial and material obligations ol tlre tenancy; tl.lar the tenant \yill promptly comply rvith all requests I'or inforntation with respect thereto from SPONSOR or the COTJNTY: and that tenanr's lailure lo provide accurare information about household income or relusal to conrply rvith a requcsl. for.inforrnation rvith respcct thereto shall be deenred a violation ofa substantial obligation ofhis/her tenancy. SHIP IIEN'I-AL DEVET,OPMENT sl{RD22,004 ENOS .1ll(!ro :l Page 2405 of 5277 B. Agrees not to sublease to any person or farrril)'rrho does not meet income qualifications as determined, verified, and certified by SPONSOR. C. States that rhe tental unit is the tenalt's printary tesidence. D. Agreesthatthe leaseshall be for a one-year period u n less other term s are ln utually agreed upon by SPONSOR and tenant. E. I)rovides clocLrmentation of special nceds. if applicable SPONSOR shall submit ro the COL.INTY a copy of its standard lease agreement for the COUNTY to revierv for compliance rvith affirnative marketing. lenant selection. and SHIP provisions stated in Section 420.907- 470,9079 lrlorida Statues, and Rule 67-37, Florida Administrative Code. 5.9 ProDcrtlManagemenl The COUNTY reseryes the right to require SPONSOR to entsr into a colltract with a COLJNTY approved property rnanagemenl fi n for professional management services of the Property to provide leasing, collection of rents. maintenance and repair. and other property management tasks as the COLT.JTY may require. 5.10 ProDertl'StandaIrls SPONSOR attests that the Project rvill nreet the standards ol the Florida Building Code and all applicable local codes, standards, ordinances, and zoning otdinances at the time of Project completion and throughout the duratiorl ofthe affoldability period. The Project rvill also meet the accessibiliry requiremerts at 24 CFR part 8. rvhich irnplenlents Section 504 ofthe Rehabilitation Act of 1973 (29 U.S.C.794) and the design and constructiorr requirements a1 24 CfR 100.205, which implenient the Fair l-lousing Acl (42 U,S.C. 3601-3 6 I 9), in the event propefty is rehabilitated at any time during affordabilit-v period. 5.1 1 Energv Efficient B€st Practices Section 420.9075(3)(d)- Florida Statutes, defines linergy Efficient Best Practices as: innovative design. green building principles, stofln resistant constluction. or other elenrents that reducc long term costs relating to maintenance, utilities, or insurance ifthe ploperry is rehabilitated at any tinte during the Affordabililv Period. l'he COUNTY requircs the use or inclusion. s,hen appropriate. oflhe follorving: energy star items: Iolv-E, windorvs: additional insulation (fbr increased R-r,alue): ceramic tile; tankless water heater: l4and l5 SEERairconditioningrurits; stucco: florescerrt light bulbs; and irnpact resistant rvindows and doors. Evidence ofsuch is not a condition ofthe construction subsidy paynrent. \,1IIP COLLIE!t I,TD SI IIP RENTAI. I)I:VELOPNlljNl' sl iRD22-001 IiKOS Aliegro 25 Page 2406 of 5277 5.12 l)aymclll)ocumcnts A. Exhibit B along rvith invoice and proofofpaynent as evidenced by cancelled checks or bank statenr€nts, and any other docunlents as requested. B. Sponsor lnvoice C. Loan MOU Rental Developrnent MOU D. Loan Promissory Note E. Mortgage F. Declaration of Restrictive Covenants Signature Page to Follorr I'IHP COLI-IER LTD SHIP RENIAL DEV!:LOPMENT sHRD22-004 EKOS Allcgro 26 Page 2407 of 5277 lN WI1NESS Wl IEREOF. the SPONSOR and COUNTY, have each respcctivel). b! an authorizcd pr-rson or agent. executed this MOU on the date(s) indicated belorr. BOAItI) Or COUNI Y ( OMMISSIONtIItS OF COI-LILR CO \.l:l_oR.tDA B1 (.IIR I-- CHN IRPERSO t)D.'c"*,.ko. lO.ZirZq A.l 'l trST: Crr stal K. Kinzel lo a Appror cf t0 nn and lcgalitr o ulr ofnc\ [)ille ) AS -I'O SPONSOR: \4llP COl.l-lER Ll-D. a ljlorida lirnited pannership 81: M[{P Collier SLP. l.l.C. a Florida lirnited liabilit'r' cornpany, its spccial limited parlner \\'. Patrick McDorr cll. Chiel Erecutive OUlccr l)are 0vo nbef L0 4 IPlur.rt pntt'iclc etitlctrt t tt/ signing a thorit.\ ] \1llP col I IlIt I 1t) S iP RI:\ t.\t I)hYl,t_OP\fli\ Islli{)::-i) l LKOS \ll.Sr,) -.i l]) AS Io COLi\T\': []r: L, l)atr: I I I I Page 2408 of 5277 A(. KNoWI.,EDG EM ENl' instrument was acknouledgcd bclbrc me bv nrcans o1'/rn'"Thc lirrc!:oine rrris[flcr"r or'Ve^W.2024 b)- W. Parrick McDowell as Chicf l:x a Florida limited iiabilit)' compan). a special linrited N.l t' (' (S.al )Signature Public Print,Slarrp Name of Notarl Personalll knorvn OI{ I)roduccd ldentiflcation 'I! pc ol ldcntification Produced: ical lrcscl]cc or:l onlinc nota|izalion. irc Olllccr oiMHP Colliqr Sl.l'. l.l.C. a Florida limited panncrship MY CoMMISS|ON # HH 196152 EXPIRES:2026January6, l}lru8o.E d PuHicNobry UndeMfr€.r ODALYS C SILVA Lt I tp (1 )l. t .lti R r. rD SIIIP RI:\ I \I, I)I:VEI-OPVIlNl' stiRl)::-(nu l l\r.)\ .\ l.rr{,t8 S-1.,,\ ll. ()1. Ijl'oRIDA) cot \ r \' ot. MIAMt-DADJi) Page 2409 of 5277 EXHIBIT A INSUII.ANCE ITEQUIREM ENTS SPONSOR shall furnish to Collier County, c/o Conrnrunir-'- and HLrman Services Division. 1339 Tamiarni Trail East. Suitc 213. Naples. Flolida 34 I 12, Cefiificate(s) of lnsurance evidenc ing insumnce coverage thal meets the requirenrents belorv: L Workels' Compensation as required by Chapter 440. Flolida Statutes, ifapplicable Commercial General Liability, including products and completed operations insnrance, in the amounr of S I ,000,000 per occurrence and 55,000.000 aggreuate. Collier Counb' must be shorvn as an additional insured rvith respect to this coverage. Autorrobile Liability Insurance covering all orvned. non-orvned arrd hired vehicles Lrsed in connecrion rrith this MOU. in an amount not less than S1.000.000 combined single limit for combined Bodily lnjLrry and Property Darnage, ifapplicable. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in I - 3 above. a Certificate oflnsumnce must be provided as lollorvs Professional Liability lnsurance, in the narne of SPONSOR or the licensed design professional employed by SPONSOR. in an amount not less than S1,000.000 per occurrence/S I ,000.000 aggrcgate providing for all sunts rvhich SPONSOR and/or thc design professional shall beconre legally obligated to pay as damages for clainrs alising out ofthe sen,ices perforrned by SPONSOR or any p€rson employed by SPONSOR in connection rvith this MOU. This insurarrce shall be mainlained for a period ofnvo (2) years after the final Ccrtificate olOccupancf is issued. CONSTRUC'I-ION PHASE (IF APPLICABLE) In addition to the insurance required in I - 4 above, SPONSOR shall provide, or cause its Subcontraclors to provide. original certificates indicating the follorving types of insurance covemge prior to any construction: Conrpleted Value Builder's Risk Insurance on an "All Risk" basis. in an amounl not less than 100 percent of the insurable valLrc ofthe bu ilding(s) or structure(s). 'fhe policy shall be in the name of Collier County and SPONSOR. ln accordance rvith the reqrrirements ofthe Flood Disaster Prolectiolr Act of I 973 (42 U.S.C. 4001 ). SPONSOR shall eusure that, for activities located in an area idcntified by the Federal Emergencv Managernent Agency (FEMA) as having special fiood hazards. flood insurance undel the National 6 ]\IHP COLLIER LTD SI.IIP RENTAL DEVEI,OPVEN I slrRD2:-001 EKOS Atlegro 29 J, ,1. Page 2410 of 5277 8 Floocl lnsurance Progranr is obtained and maintained. as a condition of financial assistance for acquisition or consruction prrlposes (including rehabilitation). OPERA ION/N4ANAC EM ENI' PI IN SI, (IF APPLICABLE) After the Conslnlction Phase is completed and occupancy begins, the follorving insurance mr.rst be kept in force throughout tlle duration ofthe loan and/or MOU: 7. Workcrs' Con:pensation as required b1' Chapter 440. Florida Statutes Contrnercial General Liabilitl. including products and completed operations insurance in rhe arrrount of $ I .000.000 per occurence and 55.000.000 aggregate. Collier County must be shos n as an additional insured $,ith respecl to this coverage. Automobile l-iability lnsLrrance covering all orvned, non-orvned and hired vehicles used in connection with this MOU in an amount not less than $1.000,000 cornbined single limit for conrbined Bodily Injury and Prope:ty Damage. t0 Propeny Insurancc coverage on an "All I{isk" basis, in an amount not less than 100 percent of tlre replacement cost of the property. Collier County must be shown as a Loss payee, rvith respect to this coverage A.T.l.M.A. Flood Insurance coverage for at least the amount of the Funds for those propemies found to be within a flood hazard zone, lor the full replacement value of the strr.rctule(s) or the naximum arnount of coverage available thlough the National Flood lnsurance Program (NFIP). The policy must shor.v Collier County as a Loss Payee A.T.I.M.A. 9 rlrHP col.LlLll t_ t D sl P RLN tAt_ t)t:vlll_oPMtiNl' slrRD22-00.r IIKOS Allcgrr;30 . Page 2411 of 5277 EXHII}IT I} COLLIER COUNTY COMMUNIl'V & TII]MAN SEITVICTS SECTION I: ITEQUES'l' FOR PAYMENT SPONSOR Name: MHP Collier I-TD SPONSOR Address: 777 tsrickcll Ave., Suite 1100, Miami, Ijt, 33I3 I Project Name: EKOS Alleglo Project No: SHRD22-004 Payment # Total Payment Minus Retainage: Period ofAvailability: December 10,2024 through December 10,2054 Period for rvhich the Agenc),has incurred lhe indebledness through SECTION Il: ST.A,TUS OF FUNDS SPOr '! SOlt Couuty Appror.ed L Total Loan AmouDt Awarded S s S2. Total Amourt of Prer ious Pal'nrents S B;, signing this report. I certif),to tlre best of rny knorvledge and belielthat this requesl for payment is trLre. complete and accurate, and the expenditures. disbursements and cash receipts are for the purposes and objectives set fortll in the temr and conditions ofthe Federal arsard. I arn arvare that any flalse, fictitious. or fraudulent information. or the omission of any material fact, may subjcct me to criminal. civil. or administrative penalties for fraud, false statements, false claims or otlrerivise (U.S. Code Title l8- Section l00l and Title 31, Sections 3 729-3 73 0 and 380 i-3812; and/or -litle VI, Clrapter 68. Sections 68.081-083. and Title XLVI Chapter 837. Section 837-06). S ignature [)ale l'itle Authorized SPONSOR's Representative Loan Reviewe r (County) County Division Dircclor MI.IP COLLIER I-TD SHIP RENTAI- DEVELOPMENT sHRD22-004 EKOs Allcgro il I Page 2412 of 5277 Repon Period: Fiscal Year Total Funds llcpaid for llcport Period: MClllNurnber sH ttD22-004 SPONSOR Naure:Ivl IJP Collier LTD Proglam:SH IP Contact Narne Christoper Shear, COO of MHP Collier LTD. LLC Contact Telephone Nunrber':(1 86) 2s7 -2'7 7 I IiXHIBIT C ANNUAL PITOGRESS REPOIIT 2. Projcct Progress: Describe your progress and any inrpediments experienced during the reporting period. By signing this report, I certify to thc best of my knowledge and belief that the infornration contained in this repoft is true, completc and accurate. I am aware that any false, fictitious, or fraudulenl information, or the orn ission of any material lact. may sub.iect rne to criminal. c ivil. or adm inistrative penalties for flaud, lalse statements, false claims or othenvise (U.S. Code Title 18, Section l00l and Title 3 I, Sections 3729- 3730 and 3801-3812). S isnatu re Date: Printed Name : Title NOTE: This form subject to nrodification based on Treasury guidance. Your typcd namc here rcpresents vour eleclronic signalure. MHP COLLIEN LlD SHIP RIN1'AL DEVII,OPMENT sHRD22-004 EKOs..\llqsro i2 Page 2413 of 5277 EXHII]I1'D ANNUAL AUDIT X{ONITORING IIEPOIiT lf SPONSOR expends $750,000 or more in State financial assistance during its fiscal year, it must have a State Single or Project Specific audit conducted in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or '10.650 (nonprorit and for-profit organizations), and Rules of the Auditor General. lf SPONSOR expends less than $750,000 in State financial assistance during its fiscal year, it shall provide certification to the COUNTY that single audit was not required. ln determining State financial assistance expended, SPONSOR must consider all sources of State financial assistance, including assistance receaved from Department of Children & Families, other State agencies, and other nonstate entities. This form may be used to monitor Florida Sin le Audit Act Florida Statutes Section 215.97 TE uirements First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DDTYY A. The state expenditure threshold for our fiscal year ending as indicated above has been met and a Single Audit as required by Section 215.97, Florida Statutes has been completed or will . Copies of the audit report and management letter are rovided within 30 d of com letion B. We are not subject to the requirements of Section 215.97, Florida Statutes because we n Did not exceed the expenditure threshold for the fiscal year indicated above ! Are exempt for other reasons - explain_ An audited financial statement is attached and if applicable, the independent auditor's man ement letter 07 t24/24 be completed by attached or will be Sponsor Name Total State Financial Assistance Expended during most recently completed Fiscal Year $ Check A. or B. Check C if applicable C. Findings were noted, a current Status Update of the responses and corrective action plan is in clu d ed. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, rocedures Iementedoliciesetc. im lemented and when it was or will be im Certification Statement I hereby certify that the above information is lrue and accurate. Signature Date: Print Name and Title: MHP COLLIER LID SI IIP REN'TAL DEVEI.OPIIENT sHRD22-r)0{ l-:KOS Allu_!ro I' n n I I I I I I I I Page 2414 of 5277 Growth Management Department Addressing Section 2800 North Horseshoe Dr. Naples, FL 34104 Phone (239) 252-5519 Fax (239) 252-5724 December 23, 2024 RE: Project Name Change No: PL20240014315. Existing SDP # PL PL20200001717 Project Location/Address: 8455 Rattlesnake Hammock RD. Dear Mr. Christopher Shear, This is in response to your request for a Project Name Change for Ekos Allegro, Parcel ID/folio number 25116000322, located in Section 23, Township 50, Range 26, Cadenza at Hacienda Lakes of Naples Tract D, to be named Ekos Cadenza II. This office has reviewed your request and has no objection to the change as requested. The Project Name is now EKOS CADENZA II. Should you have any questions, please call me at (239)252-5519. Sincerely, Annis Moxam GIS Technician II. Approved with Condition: The size of the letters in the sign for the project name should be similar. Page 2415 of 5277