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Agenda 09/23/2025 Item #10A ((MOA) with the Florida Department of Veterans’ Affairs (FDVA) for Collier County to transfer $10 million into a State of Florida Escrow Account for Outpatient Services to be provided at the State Veterans’ Nursing Home;)9/23/2025 Item # 10.A ID# 2025-3594 Executive Summary Recommendation to (1) approve and authorize the Chair to execute the Memorandum of Agreement (MOA) with the Florida Department of Veterans’ Affairs (FDVA) for Collier County to transfer $10 million into a State of Florida Escrow Account for Outpatient Services to be provided at the State Veterans’ Nursing Home; (2) approve a Second Amendment to the MOA for the State Veterans’ Nursing Home to update the Legal Description and Boundary Survey for the Project; and (3) authorize the Chair to execute all required documentation necessary to transfer ownership, in fee simple absolute, of approximately 23.59 acres of County-owned property to the Board of Trustees of the Internal Improvement Trust Fund (BOTIITF) of the State of Florida for the Veterans’ Nursing Home and Outpatient Services once the documents are received from the BOTIITF and approved by the County Attorney’s Office. OBJECTIVE: To proceed with County support of the Florida Department of Veterans’ Affairs State Veterans’ Nursing Home and to (1) approve an MOA to authorize the transfer of $10 million for Outpatient Services; (2) approve a Second Amendment to MOA to update the required real property documents; and (3) authorize the Chair to execute any required documents for the transfer of real property in fee simple following County Attorney approval of the documents. CONSIDERATIONS: On June 13, 2023, the Board approved $10 million from excess Infrastructure Sales Surtax Funds for the purpose of the Florida Department of Veterans’ Affairs (FDVA) constructing Outpatient Services at the State Veterans’ Nursing Home. The State provided the County with a Memorandum of Agreement (MOA) to authorize the transfer of the County funds and to establish a State Escrow Account. The MOA for the Outpatient Services is consistent with the MOA for the State Veterans’ Nursing Home, and no funds will be requested or released by the State until there is a reasonable degree of certainty that both projects will proceed. The County is required to transfer the $10 million to the State no later than October 1, 2025, in accordance with the Escrow Agreement attached to the MOA. The MOA provides that should the Outpatient Project fail to proceed as planned, the escrow funds will be returned to Collier County as set forth in the Escrow Agreement. The State has met the requirement of a reasonable degree of certainty for both projects. In July, the Collier County project earned a high-ranking placement of 1.3 (construction of facilities in a state with a defined “great need” for veterans’ beds) on the VA State Home Construction Grants Priority List for FY 2025. In August, the State of Florida also received the subsequent FY 2025 full funding availability letter for new construction from the U.S. Department of Veterans’ Affairs. In addition, the Parties wish to enter into a Second Amendment to the MOA for the State Veterans’ Nursing Home to update the real property documents. On November 14, 2023, the Parties entered into a First Amendment to revise Exhibit B to include a Sketch and Legal Description prepared by Coastal Engineering Consultants, Inc. (dated 10/13/23). The Second Amendment is a revised Exhibit B which includes an updated VA Parcel Legal Description (dated 6/23/25) and Boundary Survey (dated 6/6/25) prepared by Coastal Engineering Consultants, Inc. The revised documents increase the proposed property for the project from approximately 20.07 acres to approximately 23.59 acres. Finally, the County is waiting for documentation from the State of Florida Board of Trustees of the Internal Improvement Trust Fund (BOTIITF) to complete the real property transfer as set forth in the MOA for the State Veterans’ Nursing Home. An updated Phase I environmental study is currently underway on the property. Once completed, if the study identifies an area requiring remediation, a plan will be developed by State contractors in consultation with Collier County. After the State accepts the remediation plan and authorizes the land transfer, the Chair will be authorized to immediately execute all documentation necessary to transfer ownership of the property to the State, in fee simple absolute, as directed by the Board of Trustees of the Internal Improvement Trust Fund. Staff is seeking approval for the Chair to execute the documents once received from the State and following approval by the County Attorney’s Office. The MOA provides that no transfer of real property will occur until there is a reasonable degree of certainty that the project will proceed. As set forth above, the State has met this requirement, and the Parties are waiting for the necessary real property documents to be provided by BOTIITF. The 23.59-acre parcel, identified in the Second Amendment (attached) is a contiguous tract of land previously pledged by Collier County to the State of Florida for the construction and operation of a state veterans nursing home. Page 733 of 3896 9/23/2025 Item # 10.A ID# 2025-3594 FISCAL IMPACT: The MOA for Outpatient Services requires a $10 million transfer from the Infrastructure Surtax Fund to the State Escrow Account. Funding for this transfer is budgeted within Infrastructure Surtax Fund (3018). The land transfer is anticipated to have a positive long-term fiscal impact by alleviating future maintenance and management costs of the property for the County, a local economic benefit from the creation of approximately 200 jobs at the skilled nursing and adult day health care facilities, and a positive regional economic multiplier via local project construction jobs and required ancillary goods and services provided to the facility. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. – CMG RECOMMENDATIONS: That the Board of County Commissioners (1) approve and authorize the Chair to execute the Memorandum of Agreement (MOA) with the Florida Department of Veterans’ Affairs (FDVA) for Collier County to transfer $10 million into a State of Florida Escrow Account for Outpatient Services to be provided at the State Veterans’ Nursing Home; (2) to approve a Second Amendment to the MOA for the State Veterans’ Nursing Home to update the Legal Description and Boundary Survey for the Project; and (3) to authorize the Chair to execute all required documentation necessary to transfer ownership, in fee simple absolute, of approximately 23.59 acres of County-owned property to the Board of Trustees of the Internal Improvement Trust Fund (BOTIITF) of the State of Florida for the Veterans’ Nursing Home and Outpatient Services once the documents are received from the BOTIITF and approved by the County Attorney’s Office. PREPARED BY: Burt L. Saunders, Chairman, District 3 Commissioner ATTACHMENTS: 1. MOA Outpatient Services 091025 (004) 2. MOU and Escrow Agreement - FDVA1 3. First Amendment to MOA Veteran's Affairs.pdf 11 27 23 4. Second Amendment MOA 091125 Page 734 of 3896 Page 735 of 3896 Page 736 of 3896 Page 737 of 3896 Page 738 of 3896 Page 739 of 3896 Page 740 of 3896 Page 741 of 3896 Page 742 of 3896 Page 743 of 3896 Page 744 of 3896 Page 745 of 3896 Page 746 of 3896 Page 747 of 3896 Page 748 of 3896 Page 749 of 3896 Page 750 of 3896 Page 751 of 3896 Page 752 of 3896 Page 753 of 3896 Page 754 of 3896 Page 755 of 3896 Page 756 of 3896 Page 757 of 3896 Page 758 of 3896 Page 759 of 3896 Page 760 of 3896 Page 761 of 3896 Page 762 of 3896 Page 763 of 3896 Page 764 of 3896 Page 765 of 3896 Page 766 of 3896 Page 767 of 3896 Page 768 of 3896 Page 769 of 3896 Page 770 of 3896 Page 771 of 3896 Page 772 of 3896 Page 773 of 3896 Page 774 of 3896 Page 775 of 3896 Page 776 of 3896 Page 777 of 3896 Page 778 of 3896 FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT BETWEEN FLORIDA DEPARTMENT OF VETERANS' AFFAIRS AND COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS th This First Amendment to the Memorandum of Agreement is made and entered into this day ofn„.,1.,,2023,by and between the Florida Department of Veterans' Affairs("FDVA") and the Collier County Board of County Commissioners("Collier County"). RECITALS WHEREAS, on March 14, 2023, the FDVA and Collier County entered into a Memorandum of Agreement regarding the FDVA's State Veterans' Nursing Home("Project")to be developed on property presently owned by Collier County; and WHEREAS,the Memorandum of Agreement required the County to commit$30 million thirty million dollars) in County funds to be used as matching funds toward the construction and development costs of the Project, and further required the County to commit County-owned land for donation to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida("BOTIITF") for the Project; and WHEREAS,the Parties wish to amend the Memorandum of Agreement,to replace Exhibit B, Grady Minor Property Description and Sketch of Proposed Area for Home (dated 7/9/21 and 7/13/21), with a revised Exhibit B, Sketch and Legal Description for the Proposed VA Parcel prepared by Coastal Engineering Consultants, Inc. (dated 10/13/23). WITNESSETH NOW, THEREFORE, the FDVA and the County agree to amend the Memorandum of Agreement as follows: 1. The recitals above are true, correct, and incorporated herein. 2. The Memorandum of Agreement is amended to replace Exhibit B, Grady Minor Property Description and Sketch of Proposed Area for Home, with a revised Exhibit B, Sketch and Legal Description for the Proposed VA Parcel prepared by Coastal Engineering Consultants, Inc. (Attached hereto as Exhibit "A"). This revised Sketch and Legal Description increases the proposed property for the project from approximately 13.58 acres to approximately 20.07 acres of land. 3. As previously set forth in the Memorandum of Agreement, the Parties agree that unless and until there is a reasonable degree of certainty that Project will proceed as planned, no conveyance of title to real property will occur and no construction funds will be requested or released. 4. Except as modified by this Amendment, the Memorandum of Agreement shall remain in full force and effect. CAO Page 779 of 3896 IN WITNESS HEREOF, the parties hereto have set their hands and seals the day and year first written above. COUNTY: " ATTEST: BOARD OF COUNTY COMMISSIONERS OF CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA lb B y: 72.); 1)\-- Ctlit4AK.V e u r Tman's Rick LoCastro, Chairman Attest as to qionntlirP MIN Approved as to form and legality: i6 _51 - olleen M. Greene Managing Assistant County Attorney FDVA: STATE OF FLORIDA, DEPARTMENT OF VETERANS' AFFAIRS: Alfred D. Carter, Chief of Staff Date: FDVA LEGAL REVIEW: Approved as to Form and legality: Andrew J. Benard, General Counsel I Page 2 of 2 CAO Page 780 of 3896 First Amendment Exhibit"A" Sketch and Legal Description for the Proposed VA Parcel prepared by Coastal Engineering Consultants, Inc. (dated 10/13/23) CA0 Page 781 of 3896 O Oo sr aU m W Z 00 U vi0 w ZO Z Win- a0- vim' i ihn 2-z p $$ a a¢ I W < M y:oC cc? 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EXHIBIT"A" VA PARCEL LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THAT PART OF TRACT A OF GOLDEN GATE UNIT 1,ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGES 60 THROUGH 64, AND THAT PART OF TRACT A OF GOLDEN GATE UNIT 8 PART 2 ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGES 107-A THROUGH 112,ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID GOLDEN GATE UNIT 1, RUN SOO°29'03"E ALONG THE EAST LINE OF SAID SUBDIVISION FOR A DISTANCE OF 489.28 FEET; THENCE LEAVING SAID LINE S89°30'20"W FOR A DISTANCE OF 9.35 FEET TO THE POINT OF BEGINNING; THENCE S00°28'38"E FOR A DISTANCE OF 131.67 FEET TO A POINT OF CURVATURE; THENCE 438.33 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 7,292.47 FEET; A CENTRAL ANGLE OF 03°26'38" AND A CHORD DISTANCE OF 438.26 FEET, BEARING S01°14'41"W TO A POINT OF REVERCE CURVATURE; THENCE 363.44 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 7,412.47 FEET; A CENTRAL ANGLE OF 02°48'33"AND A CHORD DISTANCE OF 363.41 FEET, BEARING S01°33'43"W TO A POINT OF NON-TANGENCY; THENCE S89°30'54"W FOR A DISTANCE OF 5.46 FEET; THENCE S00°29'06"E FOR A DISTANCE OF 298.18 FEET; THENCE N89°30'54"E FOR A DISTANCE OF 5.00 FEET; THENCE S00°29'06"E FOR A DISTANCE OF 75.34 FEET; THENCE S89°18'24"W FOR A DISTANCE OF 471.87 FEET; THENCE N43°42'33"W FOR A DISTANCE OF 345.25 FEET; THENCE N01°31'39"W FOR A DISTANCE OF 272.14 FEET; THENCE N00°13'39"W FOR A DISTANCE OF 609.35 FEET TO THE NORTH LINE OF SAID GOLDEN GATE UNIT 8 PART 2; THENCE ALONG SAID LINE N89°30'27"E FOR A DISTANCE OF 128.47 FEET; THENCE LEAVING SAID LINE NO2°03'40"E FOR A DISTANCE OF 63.11 FEET; THENCE S86°58'47"E FOR A DISTANCE OF 69.02 FEET; THENCE N89°53'11"E FOR A DISTANCE OF 72.43 FEET; THENCE N00°29'40"W FOR A DISTANCE OF 116.67 FEET TO THE SOUTH LINE OF BLOCK I OF SAID GOLDEN GATE UNIT 1; THENCE ALONG SAID LINE AND ITS EASTERLY PROLONGATION N89°30'20"E FOR A DISTANCE OF 464.63 FEET TO THE POINT OF BEGINNING. 28421 Bonita Crossings Blvd.,Bonita Springs,FL 34135 1211 North Range A 70726 Phone(239)643-2324•Fax(239)643-1 143 8,, 1-7403 E-mail:intbececill.com SERVING COASTAL COMMUNITIES SINCE 197 I/CAO Page 783 of 3896 COASTAL ENGINEERING CONSULTANTS, INC. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 874,194 SQUARE FEET OR 20.07 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 2464 MP:;;•,, Digitally signed by Richard 1 Ewing f.c,UN:c=US,o=Florida, a.'rss ' = dnQualifier=A01410C00000184C4 l r. 118C310004E891,cn=Richard) Date:2023.10.1308:37:20-04'00'o°4,•a"ur+•o,, RICHARD J. EWING,V.P. PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 21.359 DATE OF SIGNATURE: 28421 Bonita Crossings Blvd.,Bonita Springs.FL 34135 1211 North Range Ave..Suite F.Denham Springs.LA 70726 Phone(239)643-2324•Fax(239)643-1143 Phone(225)523-7403 E-mail: inlo(uicecifl.com SERVING COASTAL COMMUNITIES SINCE 1977 CAO Page 784 of 3896 Page 785 of 3896 Page 786 of 3896 Page 787 of 3896 Page 788 of 3896 Page 789 of 3896 Page 790 of 3896