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Backup Documents 10/28/2025 Item #16D 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Carrie Kurutz Community and Human CK 10/23/25 Services 2. County Attorney Office County Attorney Office 3. BCC Office Board of County Commissioners 4M14 to/2/ 4. Minutes and Records Clerk of Court's Office I ��•'� � Iof r(2Jo PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Carrie Kurutz, Grants Coordinator, Phone Number 239-252-2644 Contact/ Department Community and Human Services Agenda Date Item was October 28,2025 Agenda Item Number 16.D.1 #2025-3608 Approved by the BCC Type of Document (2)Amendments and(1)Agreement Number of Original 3 to eat', Attached between Collier County and Documents Attached RENAISSANCE HALL AT OLD COURSE,LLC (ARP21-24,ARP21-25,and ARP21-28) PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? CK 2. Does the document need to be sent to another agency for additional signatures? If yes, CK provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be CK signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's CK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CK document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip CK should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 10/28/25 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16D 1 Instructions 1) There are three (3) original Contracts. Please return two (2) Chairman signed Contracts to: Carrie Kurutz Grants Coordinator Collier County Government l Community and Human Services 3339 E. Tamiami Trail, Bldg. H, Suite 211 Naples, FL 34112 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16D 1 MEMORANDUM Date: October 29, 2025 To: Carrie Kurutz, Grants Community & Human Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: 1st Amendment to Agreement between Collier County and Renaissance Hall at Old Course, LLC — American Rescue Plan (ARP) Act/Coronavirus State and Local Fiscal Recovery Fund (ARP21-24; ARP21-25; and ARP21-28) Enclosed please find two (2) of each original of each document referenced above (Agenda Item #16D1), approved by the Board of County Commissioners on Tuesday, October 28, 2025. The Minutes & Records Department has retained an original as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Enclosure 1 6D 1 FAIN# SLT-1155 Federal Award Date March 11,2021 Federal Award Agency Department of Treasury ALN Name Coronavirus Local Fiscal Recovery Fund ALN# 21.027 U.S. Treasury Expenditure EC2.15 Category Collier County Recovery Plan CC I.4 CC4.6 Project Number Total Amount of Federal Funds $8,916,402.76 Awarded DEVELOPER/BENEFICIARY Renaissance Hall at Name Old Course,LLC UEI# RJCPEE9M8N34 FEIN 88-1876929 R&D No Indirect Cost Rate No Period of Performance December 29,2022— September 30,2026 Fiscal Year End 9/30 Monitor End: June 30,2046 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND RENAISSANCE HALL AT OLD COURSE,LLC American Rescue Plan(ARP)Act Coronavirus State and Local Fiscal Recovery Fund THIS FIRST AMENDMENT is made and entered into this 2¢k day of Oih c( 2025, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 Tamiami Trail East, Suite 213,Naples FL 34112, and Renaissance Hall at Old Course, LLC,(DEVELOPER/BENEFICIARY),having its principal office at 19308 SW 380th Street,Florida City, Florida 33034 do P.O.Box 343529,Florida City,Florida 33034. 'WHEREAS, Congress passed the American Rescue Plan Act of 2021 (ARP), which was signed into law on March 11,2021.Included in the legislation was$350 billion Coronavirus State and Local Fiscal Recovery Fund(SLFRF); and WHEREAS, the COUNTY has entered into an Agreement with the United States Treasury Department(U.S. Treasury) for a grant to execute and implement the American Rescue Plan Act(ARP), pursuant to the Coronavirus State and Local Fiscal Recovery Fund, Section 603 (c) of the Social Security Act; and [24-SOC-0 1 1 86/1 859222/1] RENAISSANCE HALL AT OLD COURSE,LLC ARP21-24 Page 1 Collier County Affordable Housing Grant Program G"_'.f • 16D 1 WHEREAS, pursuant to the aforesaid agreement,the COUNTY is undertaking certain activities to assist the community in navigating the impact of the COVID-19 outbreak; and WHEREAS, the DEVELOPER/BENEFICIARY has applied for and based on the information provided by the DEVELOPER/BENEFICIARY, is qualified to receive Program funding;and WHEREAS, the COUNTY has created a Recovery Plan in accordance with federal guidelines, which includes Goals,Expenditure Categories,Evidence-basis,and Key Performance Indicators(KPI)that impact the present project;and WHEREAS, the COUNTY and the DEVELOPER/BENEFICIARY wish to set forth the responsibilities and obligations of each in the undertaking of the American Rescue Plan(ARP)project;and WHEREAS, on August 13, 2024, Item #11.A, the Board of County Commissioners approved DEVELOPER Agreement ARP21-24 for$8,916,402.76 for pre-development and construction associated with Phase Ito further affordable housing initiatives provided through a grant from the U.S. Department of the Treasury,State and Local Fiscal Recovery Funds;and _WHEREAS,on August 12,2025,Item#16.D.5,the Board of County Commissioners in-absentia approved the COUNTY's Amendment #14 to the State and Local Fiscal Recovery Plan and accepted revised Key Performance Indicators and project numbers CC4.4 Collier County Affordable Housing[Loan Fund' and CC4.6 Collier County Affordable Housing Grant Program;and WHEREAS, the Parties desire to amend the Agreement to revise the Collier County Project Number,Project Details,Performance Deliverables,Payment Deliverables,and Exhibit C. and for other good and valuable oonsideration, the Parties hereby agree that the COUNTY will provide a Grant to the DEVELOPER/BENEFICIARY upon and subject to all general conditions, terms,covenants, and agreements herein set forth. NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable consideration,the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend the Agreement as follows. Words Struck Through are deleted;Words Underlined are added. 1.2 PROJECT DETAILS A. Project Description/Project Budget [24-SOC-0 1 1 86/1 85 9222/1] RENAISSANCE HALL AT OLD COURSE,LLC ARP21 24 Page 2 Collier County Affordable Housing Grant Program 4() 1 6D 1 Description Federal Amount I�I Project Component 1: Pre-development costs including but The DEVELOPER/BENEFICIARY not limited to permitting and survey fees,developer fees, may use funds across all components, professional services,site work preceding housing as needed to respond to the needs of development,and/or labor and materials. the project.Total expenditures may not exceed the Total Federal Funds. U.S.Treasury Expenditure Category*: EC2.15 Collier County Recovery Plan Project Number: CC/.1 CC4.6 Project Component 2: Construction costs including but not The DEVELOPER/BENEFICIARY . limited to development of affordable housing,and/or off-site may use funds across all components, work,on-site work, site improvements, general contractor as needed to respond to the needs of and/or subcontractors,project management,operations, the project. Total expenditure may not appliances, connection fees,and labor and materials. exceed the Total Federal Funds. U.S.Treasury Expenditure Category*: EC2.15 Collier County Recovery Plan Project Number: CC4.4 CC4.6 Total Federal Funds: $8,916,402.76 * Expenditure Categories are subject to change based on future guidance from the U.S. Treasury Department.If that occurs,additional reporting requirements may be necessary. * * * B. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty(60)days of (Section 1.1) Agreement Agreement execution Insurance Insurance Certificate(Exhibit A Within seven(7)days prior to start of construction and annually within thirty(30)days of renewal Detailed Project Schedule Project Schedule Within sixty(60)days of Agreement execution Project Plans and Specifications Site Plans& Specifications Within sixty(60)days of • Agreement execution Subcontractor Log Subcontractor Log Initially at construction start, and quarterly thereafter, if applicable Quarterly,Final,and Annual Quarterly Exhibit C Quarterly,due 10t1i of month Progress Report following end of quarter until Final Exhibit C Report(Period final Close Out Letter;Final of Performance Totals) Exhibit C Report,due at time of last quarterly report;Annually, Annual Progress Report due by October 316t after closeout until the end of the full Affordability Period [24-SOC-01186/1859222/1] RENAISSANCE HALL AT OLD COURSE,LLC ARP2I-24 Page 3 Collier County Affordable Housing Grant Program 16D 1 • Section 3 Program Section 3 Report Annually,due by October 10th Requirements Annual Audit Monitoring Exhibit D Within sixty(60)days of Report • Agreement execution and Fiscal Year(FY)End Financial and Compliance Audit Audit,Management Letter Annually: nine(9)months after (Renaissance Hall at Old FY end for Single Audit OR one Course, LLC FY End is 12/31) hundred eighty(180)days after FY end. Capital Needs Assessment Plan Plan Approved by the County Initial PIan due after construction completion and annually thereafter by October 31st,until the end of the Affordability Period Register of Tenant Income and Summary of Tenant Income, Within 30 days after initial lease Rent Income Limit,Rent and Rent up and annually thereafter by Limit,by unit(Rent Roll) October 31s',until the end of the Affordability Period Program Income Reuse Plan Plan Approved by the COUNTY N/A Conflict of Interest Form Subrecipient/Developer/Vendor Upon execution of the Conflict of Interest Disclosure Agreement for all employees Form who work on activities associated with the project, and upon hiring new employees who • will work on the project Whistleblower Protections Exhibit E Upon execution of the Certification Agreement for all employees who work on activities associated with the project,and upon hiring new employees who will work on the project Affidavit Regarding Labor and Affidavit Upon Execution of the Services(Trafficking) Agreement. C. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Pre- Submission of supporting documents Submission of development costs including but must be provided,as evidenced by proof monthly invoices not limited to permitting and of payment(i.e.,cancelled check and/or within 30 days of the survey fees,developer fees, bank statement),invoice(s),waiver and prior month. professional services, site work unconditional release of lien from preceding housing development, contractor and subcontractors,and any and/or labor and materials, other additional documentation as U.S.Treasury Expenditure requested,along with Exhibit B. Category:EC2.15 Collier County Recovery Plan All pay requests under this agreement Project Number: CCI.4 CC4.6 must be submitted by September 1,2026, [24-SOC-01186/l 859222/1] RENAISSANCE I•IALL AT OLD COURSE,LLC ARP21-24 Page 4 Collier County Affordable Housing Grant Program A0 16D 1 1 Project Component 2: Submission of supporting documents Submission of Construction costs including but must be provided,as evidenced by proof monthly invoices not limited to development of of payment,(i.e.,cancelled check and/or within 30 days of the affordable housing,and/or off- bank statement),AI A Application and prior month. site work,on-site work, site Certificate for Payment or a lender- improvements,general contractor approved equivalent form shall be and/or subcontractors,project submitted in lieu of invoice,and any management,operations, other additional documentation as appliances, connection fees,and requested,along with Exhibit B. labor and materials. U.S. Treasury Expenditure Category: EC2,15 Collier County Recovery PIan [See Exhibit B: Retninage does not apply Project Number: CC9,4 CC4.6 to this agreement.] X * X (Signature Page to Follow) [24-SOC-01156r1859222r1.] RENAISSANCE HALL AT OLD COURSE,LLC ARP21-24 Page 5 Collier County Affordable Housing Grant Program CAO 16D 1 IN WITNESS WHEREOF,the SUBRECIPIENI'and COUNTY,have each respectively,by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: AS TO COUNTY: CRYSTAL K.KINZF.I,, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA ,Depui le By: U/Afe...141..."441011044"` • RT L. SAUNDERS, CHAIRPERSON Dated. ' f G� I Mee es to chart in / Date:_AO f Z$ / 25 signature rnly ((( AS TO SUBRECIPIENT: RENAISSANCE HALL AT OLD COURSE, LLC By: EVE RK,PRESIDENT Date: /0/7/1 [Please provide evidence of signing authority] Approved a . oral a , legality: Sally i� I Assistant County Attorney Date: X * X [24-SOC-0I 186/1859222/1I RENAISSANCE HALL AT OLD COURSE,LLC ARP21-24 Page 6 Collier County Affordable Housin4 Gran(Program CAO 1 5D 1 EXHIBIT C AMERICAN RESCUE PLAN(ARP) QUARTERLY PROGRESS REPORT Report Period: Fiscal Year: Agreement Number: Developer/Beneficiary Name: Project: Contact Name: Contact Telephone Number: Activity Reporting Period Report Due Date October 1"—December 31:c January 10'h January I"—March 31St April 10'h April 1"—June 30°i July loth July 1"—September 30th October 10°i Characteristics Report 1. Project Expenditures: EC2.15 Long-term Housing Security: Affordable Housing*A (SLFRF Compliance and Reporting Guidance 12,14.23,v. 5.4,,Capital Expenditures,p.30 and S0.) Funds Expended Funds Expended Current Quarter YTD EC2.15 *Identify the amount of the total funds that are allocated to evidence-based interventions,or enter "zero"if not applicable EC2.1S Enter total expected capital expenditure,include pre- development costs. Total Project Expenditures 2. Key Performance Indicators: Project Outputs Component 1 &2: n •ta m ,. be ofaff yabl„ho its -pprese-t a d:velope Enter percentage increase: Sped-betteritti g the.. rcoi EMT Arm Enter percentage of units: Number of affordable housing units preserved or developed. Enter total: [24-SOC-0I 2 86/1 85 9222/I] RENAISSANCE HALL AT OLD COURSE,LLC ARP2I-24 Page 7 Collier County Affordable Housing Grant Program CA( 16D 1 Number of households receiving eviction prevention services (including legal representation). Enter total: Zero("0") Project Outcomes Percentage increase in number of affordable housing units preserved or developed. Enter percentage increase: Percentage of units developed benefitting those 65%AMI and 80% AMI. Enter percentage of units: 3. Project Progress: Describe your progress and any impediments experienced during the reporting period. Provide a narrative to describe how this project including housing addresses the negative economic impact experienced by the residents. Include how this project is reasonably proportional to the negative economic impact of the pandemic. (Narrative must be included in the FINAL REPORT 12.31.26.) • Demographic Distribution: What Impacted and/or Disproportionally Impacted population does this project primarily serve?Please select the population primarily served. • Impacted (Low-or moderate-income households or populations; populations that experienced unemployment; households that experienced housing insecurity; other households or populations that experienced a negative economic impact of the pandemic [specify]) • Disproportionately Impacted: (Low-income households and populations, households and populations residing. in Qualified Census Tracts, households that qualify for certain federal programs) • Does the project primarily serve disproportionately impacted communities? [24-SOC-01186/1859222/1] RENAISSANCE HALL AT OLD COURSE,LLC ARP21-24 Page 8 Collier County Affordable Housing Grant Program e , 16D 1 If this project primarily serves more than one Impacted and/or Disproportionately Impacted population,please select up to two additional populations served. Briefly describe all of the following: 1) The needs of the local rental market for any unit rented greater than 65%AMI that does not fall into presumptively eligible categories: 2) The reason the unit(s) that rented up to 80% AMI or up to 120% AMI is reasonably proportional to address the negative economic impacts of the pandemic: 3) In this quarter, enter how many units, funded by distribution and type (one bedroom), (two bedrooms), and (three bedrooms) do not fall into presumptively eligible categories. 4) In this quarter, please enter the total number of households by AMI to address the number of disproportionately impacted households served by this project: Number of households AMI per household:_50%AMI Number of households AMI per household:_65%AMI • Number of households AMI per household:_80%AMI Number of households AMI per household:_120% Number of households AMI per household:_>120%AMI Signature Page to Follow [24-SOC-01 1 86/1 859222(1j RENAISSANCE HALL AT OLD COURSE,LLC ARP21-24 Page 9 Collier County Affordable Housing Grant Program 1 . 6D 1 By signing this report, I certify to the best of my knowledge and belief that the information contained in this report is true, complete and accurate. I am aware that any false,fictitious, or fraudulent information, or the omission of any material fact,may subject me to criminal,civil,or administrative penalties for fraud, false statements,false claims or otherwise(U.S. Code Title 18, Section 1001 and Title 31,Sections 3729- 3730 and 3801-3812). Signature: Date: Printed Name: Title: NOTE: This form subject to modification based on U.S.Treasury guidance. Your typed name here represents your electronic signature. • [24-SOC-0 1 1 86/1 859222/1] RENAISSANCE HALL AT OLD COURSE,LLC ARP21-24 Page 10 Collier County Affordable Housing Grant Program 16 © 1 • • EXHIBIT E COLLIER COUNTY COMMUNITY&HUMAN SERVICES WHISTLEBLOWER PROTECTIONS CERTIFICATION SUBRECIPIENT Name: SUBRECIPIENT Address: Employee Name: Project Name: Project No: In accordance with 2 CFR 200.217 and 41 U.S,C. §4712, SUBRECIPIENT may not discharge,demote,or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal fiends, an abuse of authority relating to a federal contract or grants,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. The list of persons and entities referenced in the paragraph above includes the following: • A member of Congress or a representative of a committee of Congress • An Inspector General • The Government Accountability Office • A Treasury employee responsible for contract or grant oversight or management • An authorized official of the Department of Justice or other law enforcement agency • A court or grand jury • A management official or other employee of SUBRECIPIENT, contractor, or subcontractor who has the responsibility to investigate, discover,or address misconduct SUBRECIPIENT shall inform its employees in writing of whistleblower rights and remedies provided under section 41 U.S.C. §4712, in the predominant native Ianguage of the workforce. By signing this form,I certify that I have reviewed and understand my Whistleblower rights and protections as provided above. • Name: Signature: Title: Your typed name here represents your electronic signature [24-SOC-01I86/1859222/1] RENAISSANCE HALL AT OLD COURSE,LLC ARP2I-24 Page 11 Collier County Affordable Housing Grant Program 16 © 1 . f FAIN# SLT-1155 Federal Award Date March 11,2021 Federal Award Agency Department of Treasury ALN Name Coronavirus Local Fiscal Recovery Fund ALN# 21.027 U.S.Treasury Expenditure EC2.15 Category Collier County Recovery Plan CCI.4 CC4.6 Project Number Total Amount of Federal Funds $1,130,551.00 Awarded DEVELOPER/BENEFICIARY Renaissance Hall at Name Old Course,LLC UEI# RJCPEE9M8N34 FEIN 88-1876929 R&D No Indirect Cost Rate No Period of Performance December 29,2022— September 30,2026 Fiscal Year End 9/30 Monitor End: June 30,2046 FIRST AMENDMENT TO THE AGREEMENT BETWEEN COLLIER COUNTY AND RENAISSANCE HALL AT OLD COURSE,LLC American Rescue Plan(ARP)Act Coronavirus State and Local Fiscal Recovery Fund THIS AMENDMENT is made and entered into this ZB day of 6GA-al•v 2025, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 Tamiami Trail East, Suite 213, Naples FL 34112, and Renaissance Hall at Old Course, LLC, (DEVELOPERBENEFICIARY), having its principal office at 19308 SW 380th Street, Florida City, Florida 33034 do P.O.Box 343529,Florida City,Florida 33034. 'WHEREAS, Congress passed the American Rescue Plan Act of 2021 (ARP),which was signed into law on March 11,2021.Included in the legislation was$350 billion Coronavirus State and Local Fiscal Recovery Fund(SLFRF);and WHEREAS, the COUNTY has entered into an Agreement with the United States Treasury Department(U.S. Treasury) for a grant to execute and implement the American Rescue Plan Act(ARP), pursuant to the Coronavirus State and Local Fiscal Recovery Fund, Section 603 (c)of the Social Security Act;and [24-SOC-0 1 1 86/1 859222/1] RENAISSANCE HALL AT OLD COURSE,LLC ARP21-25 Page 1 Collier County Affordable Housing—Impact Fees CAC 1 16D • WHEREAS, pursuant to the aforesaid agreement,the COUNTY is undertaking certain activities to assist the community in navigating the impact of the COVID-19 outbreak; and WHEREAS, the DEVELOPER/BENEFICIARY has applied for and, based on the information provided by the DEVELOPER/BENEFICIARY, is qualified to receive Program funding;and WHEREAS, the COUNTY has created a Recovery Plan in accordance with federal guidelines, which includes Goals,Expenditure Categories,Evidence-basis,and Key Performance Indicators(KPI)that impact the present project;and WHEREAS, the COUNTY and the DEVELOPER/BENEFICIARY wish to set forth the responsibilities and obligations of each in the undertaking of the American Rescue Plan(ARP)project;and WHEREAS, on August 13, 2024, Item #11.A, the Board of County Commissioners approved DEVELOPER Agreement ARP21-25 for $1,130,551 for impact fees associated with Phase I to further affordable housing initiatives provided through a grant from the U.S.Department of the Treasury,State and Local Fiscal Recovery Funds; and WHEREAS, on August 12,2025,Item 416.D.5, the Board of County Commissioners in,absentia approved the COUNTY's Amendment 414 to the State and Local Fiscal Recovery Plan and accepted revised Key Performance Indicators and project numbers CC4.4 Collier County Affordable Housing[Loan Fund] and CC4.6 Collier County Affordable Housing Grant Program;and WHEREAS, the Parties desire to amend the Agreement to revise the Collier• County Project Number,Project Details,Performance Deliverables,Payment Deliverables,and Exhibit C. , ' eration of the covenants and agreements herein contained, and for other good and valuable consideration, the Parties hereby agree that the COUNTY will provide a Grant to-the DEVELOPER/BENEFICIARY upon and subject to all general conditions, terms, covenants,and agreements herein set forth. NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,the Parties agree to amend the Agreement as follows. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Pre-development costs including but $1,130,551.00 not limited to impact fees. - i [24-SOC-01 I86/1859222/1] RENAISSANCE HALL AT OLD COURSE,LLC ARP21-25 Page 2 Collier County Affordable Housing—Impact Fees CA(' 16D 1 U.S.Treasury Expenditure Category*:EC2.15 Collier County Recovery Plan Project Number:CCI1.1 CC4.6 Total Federal Funds: $1,130,551.00 M Expenditure Categories are subject to change based on future guidance from the U.S. Treasury Department. If that occurs,additional reporting requirements may be necessary. B. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty(60)days of (Section 1.1) . Agreement Agreement execution Insurance Insurance Certificate(Exhibit A Within seven(7) days prior to start of construction and annually within thirty(30)days of renewal Detailed Project Schedule Project Schedule Within sixty(60)days of Agreement execution Project Plans and Specifications Site Plans&Specifications- Within sixty(60)days of (N/A) Agreement execution Subcontractor Log N/A applicable N/A Quarterly,Final, and Annual Quarterly Exhibit C Quarterly,due 10°i of month Progress Report following end of quarter until Final Exhibit C Report(Period final Close Out Letter;Final of Performance Totals) Exhibit C Report,due at time of last quarterly report;Annually, • Annual Progress Report due by October 3 1st after closeout until the end of the full Affordability Period Section 3 Program Section 3 Report:New Hire Annually, due by October I Ott' Requirements and/or Business,as applicable Annual Audit Monitoring Exhibit D Within sixty(60)days of Report Agreement execution and Fiscal Year(FY)End Financial and Compliance Audit Audit,Management Letter Annually: nine(9)months after (Renaissance Hall at Old FY end for Single Audit OR one Course, LLC FY End is 12/31) hundred eighty(180)days after FY end. Capital Needs Assessment Plan Plan Approved by the County Initial Plan due after construction completion and annually thereafter by October 31 St,until the end of the Affordability Period [24-SOC-0 1 186/1 859222/I] RENAISSANCE HALL AT OLD COURSE,LLC ARP2I-25 Page 3 Collier County Affordable Housing—Impact Fees CA 0 16D 1 Register of Tenant Income and Summary of Tenant Income, Within 30 days after initial lease Rent Income Limit,Rent and Rent up and annually thereafter by Limit,by unit(Rent Roll) October 31 st,until the end of the Affordability Period Program Income Reuse Plan Plan Approved by the COUNTY N/A Conflict of Interest Form Subrecipient/Developer/Vendor Upon execution of Agreement Conflict of Interest Disclosure for all employees who will work Form on activities of the project,and upon hiring of all new employees who will work on the project. Whistleblower Protections Exhibit Upon execution of Agreement Certification for all employees who will work on activities of the project,and upon hiring of all new employees who will work on the project. Affidavit Regarding Labor and Affidavit Upon execution of the Services(Trafficking) Agreement. C. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Pre- Submission of supporting documents Submission of development costs including but must be provided,as evidenced by impact monthly invoices due not limited to impact fees. U.S. fee calculation assessment(or within 30 days of the Treasury Expenditure Category: equivalent),proof of payment(i.e., prior month. EC2.15 cancelled check and bank statement),and Collier County Recovery Plan any other additional documentation as Project Number:CCI.4 CC4.6 requested,along with Exhibit B. All pay requests under this agreement must be submitted by September 1,2026. See Exhibit B: Retainage does not apply to this agreement. • (Signature Page to Follow) [24-SOC-01186/1859222/1] RENAISSANCE HALL AT OLD COURSE,LLC ARP2I-25 Page 4 Collier County Affordable housing—Impact Tees 16D 1 • . i't � IN WITNESS WHEREOF,the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: AS TO COUNTY: CRYSTAL K.ICINZEL, CLERK xs';, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA D'.. u• 1k ' By:��,,A,,a•. BAgoliff,thriers14060414". SAERS, CHAIRMAN _, • Dated: �T - /ZS Mops to 1�li 's Date: tof2 r lignature'only AS TO SUBRECIPIENT: RENAISSANCE HALL AT OLD COURSE, LLC By: ST E KIP,K,PRESIDENT a Date: / G� ,�� [Please provide evidence of signing authority] Approved s t orm and legality: Sally Ashlc, 21?/c Assistant County Attorney ,O Date: �� A * * [24-SOC-01180859222/1) RENAISSANCE HALL AT OLD COURSE,LLC ARP2l-25 Page 5 Collier County Affordable Housing—Impact Fees 16D 1 EXHIBIT C AMERICAN RESCUE PLAN(ARP) QUARTERLY PROGRESS REPORT Report Period: Fiscal Year: Agreement Number: Developer/Benefciaty Name: Project: Contact Name: Contact Telephone Number: Activity Reporting Period Report Due Date October 1st—December 31st January loth • January 1"—March 31" April l Oth April 1st—June 30th July 10th July 1"—September 30"s October 1 Oth Characteristics Report 1. Project Expenditures: EC2.15 Long-term Housing Security:Affordable Housing*A (SLFRF Compliance and Reporting Guidance 12.1114.23,v. 5.4.,Capital Expenditures,p.30 and 50.) Funds Expended Funds Expended Current Quarter YTD EC2.15 *Identify the amount of the total funds that are allocated to evidence-based interventions,or enter "zero"if not applicable EC2.15 Enter total expected capital expenditure,include pre- development costs. Total Project Expenditures 2. Key Performance Indicators: Project Outputs Component 1: Percentage-increasein-numb ' preserved-o develepe4 Enter percentage increase: Percentage of units aev„loped bene these 6coi ATM:nd 80%AML Enter percentage of units: [24-S0C-01 l86/1859222/t] RENAISSANCE HALL AT OLD COURSE,LI,C ARP2t 25 Page 6 Collier County Affordable Housing—Impact Fees �1'n.l y"Y {g/� i,} 1 6 D 1 Number of affordable housing units preserved or developed. Enter total: Number of households receiving eviction prevention services (including legal representation). Enter total: Zero("0") Project Outcomes Percentage increase in number of affordable housing units preserved or developed. Enter percentage increase: % Percentage of units developed benefitting those 65%AMI and 80%AML Enter percentage of units: 3. Project Progress: Describe your progress and any impediments experienced during the reporting period. Provide a narrative to describe how this project including housing addresses the negative economic impact experienced by the residents. Include how this project is reasonably proportional to the negative economic impact of the pandemic. (Narrative mast be included in the FINAL REPORT 12.31.26.) Demographic Distribution: What Impacted and/or Disproportionally Impacted population does this project primarily serve?Please select the population primarily served. • Impacted (Low-or moderate-income households or populations; populations that experienced unemployment; households that experienced housing insecurity; other households or populations that experienced a negative economic impact of the pandemic[specify]) • Disproportionately Impacted: (Low-income households and populations, households and populations residing in Qualified Census Tracts, households that qualify for certain federal programs) • Does the project primarily serve disproportionately impacted communities? [24-SOC-01 1 86/1 859222/1) RENAISSANCE HALL AT OLD COURSE,LLC ARP21-25 Page 7 Collier County Affordable Housing—Impact Fees 16D 1 If this project primarily serves more than one Impacted and/or Disproportionately Impacted population,please select up to two additional populations served. Briefly describe all of the following: 1) The needs of the local rental market for any unit rented greater than 65%AMI that does not fall into presumptively eligible categories: 2) The reason the unit(s) that rented up to 80%AMI or up to 120% AMI is reasonably proportional to address the negative economic impacts of the pandemic: 3) In this quarter, enter how many units, funded by distribution and type (one bedroom), (two bedrooms), and (three bedrooms) do not fall into presumptively eligible categories. { 4) In this quarter, please enter the total number of households by AMI to address the number of disproportionately impacted households served by this project: Number of households _ AMI per household:_50%AMI Number of households AMI per household:_65%AMI Number of households AMI per household:_80%AMI Number of households AMI per household:_120% Number of households AMI per household: >120%AMI Signature Page to Follow [24-SOC-Ol 186l1859222/1j RENAISSANCE HALL AT OLD COURSE,LLC ARP2l-25 Page 8 Collier County Affordable Housing—Impact Fees CAC 16D 1 By signing this report, 1 certify to the best of my knowledge and belief that the information contained in this report is true, complete and accurate. 1 am aware that any false, fictitious, or fraudulent information, or the omission of any material fact,may subject me to criminal,civil,or administrative penalties for fraud, false statements,false claims or otherwise(U.S. Code Title 18, Section 1001 and Title 31,Sections 3729- 3730 and 3801-3812). Signature: Date: Printed Name: Title: NOTE: This form subject to modification based on U.S.Treasury guidance. Your typed name here represents your electronic signature. * [24-SOC-0 1 1 86/1 8 5 9222/1] RENAISSANCE HALL AT OLD COURSE,LLC ARP21-25 Page 9 Collier County Affordable Housing--impact Fees 16D 1 EXHIBIT E COLLIER COUNTY COMMUNITY&HUMAN SERVICES WHISTLEBLOWER PROTECTIONS CERTIFICATION SUBRECIPIENT Name: SUBRECIPIENT Address: Employee Name: Project Name: Project No: In accordance with 2 CFR 200.217 and 41 U.S.C. §4712,SUBRECIPIENT may not discharge,demote,or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grants, a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. The list of persons and entities referenced in the paragraph above includes the following: • A member of Congress or a representative of a committee of Congress • An Inspector General • The Government Accountability Office • A Treasury employee responsible for contract or grant oversight or management • An authorized official of the Department of Justice or other law enforcement agency • A court or grand jury • A management official or other employee of SUBRECIPIENT, contractor, or subcontractor who has the responsibility to investigate, discover,or address misconduct SUBRECIPIENT shall inform its employees in writing of whistleblower rights and remedies provided under section 41 U.S.C. §4712, in the predominant native language of the workforce. By signing this form,I certify that I have reviewed and understand my Whistleblower rights and protections as provided above. Name: Signature: Title: Your typed name here represents your electronic signature [24-SOC-01 1 86/1 85 9222/1] RENAISSANCE HALL AT OLD COURSE,LLC ARP2I-25 Page 10 Collier County Affordable Housing—Impact Fees F� 16D 1 • FAIN# SLT-1155 Federal Award Date March 11,2021 Federal Award Agency Department of Treasury ALN Name State and Local Fiscal Recovery Fund ALN# 21.027 U.S. Treasury Expenditure EC2.15 Category Collier County Recovery Plan CC4.6 Project Number Total Amount of Federal Funds $538,357 Awarded DEVELOPER/BENEFICIARY Renaissance Hall at Name Old Course, LLC UEI# RJCPEE9M8N34 FEIN 88-1876929 R&D No Indirect Cost Rate No Period of Performance December 29,2022— September 30,2026 Fiscal Year End 9/30 Monitor End: June 30,2046 AGREEMENT BETWEEN COLLIER COUNTY AND RENAISSANCE HALL AT OLD COURSE,LLC American Rescue Plan(ARP)Act State and Local Fiscal Recovery Fund >fa' I ' THIS AGREEMENT is made and entered into this CO day of Oc Pr 2025, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 Tamiami Trail East, Suite 213, Naples FL 34112, and Renaissance Hall at Old Course, LLC, (DEVELOPER/BENEFICIARY), having its principal office at 19308 SW 380th Street, Florida City, Florida 33034 c/o P.O. Box 343529, Florida City, Florida 33034, WHEREAS, Congress passed the American Rescue Plan Act of 2021 (ARP), which was signed into law on March 11,2021. Included in the legislation was$350 billion State and Local Fiscal Recovery Fund (SLFRF); and WHEREAS, the COUNTY has entered into an Agreement with the United States Treasury Department (U,S, Treasury) for a grant to execute and implement the American Rescue Plan Act (ARP), pursuant to the State and Local Fiscal Recovery Fund,Section 603 (c)of the Social Security Act;and WHEREAS, pursuant to the aforesaid agreement, the COUNTY is undertaking certain activities to assist the community in navigating the impact of the public health emergency;and RENAISSANCE HALL AT OLD COURSE,LLC ARP21-28 Page 1 Collier County Affordable Housing--Impact Fees 16D 1 • • WHEREAS, the DEVELOPER/BENEFICIARY has applied for and, based on the information provided by the DEVELOPER/BENEFICIARY, is qualified to receive Program funding; and WHEREAS, the COUNTY has created a Recovery Plan in accordance with federal guidelines, which includes Goals,Expenditure Categories,Evidence-basis,and Key Performance Indicators(KP1)that impact the present project;and • • WHEREAS,on March 22,2022, Agenda Item#16.D.7,the Board approved Collier County ARP Recovery Plan Amendment #5 including changes to funding allocations to support Affordable Housing activities, and a conditional award in the amount of$538,357 made to the Developer, in accordance with Amendment#5 of the ARP Plan; and, WHEREAS,on October 24,2023,Item# 1 I.C,the Board approved a total of$9,819,716.for Phase 1 and Phase.2;and, WHEREAS,on March 26,2024, Agenda Item #16,D.l, the Board approved Collier County ARP Recovery Plan Amendment#9,which included a reallocation of funds to increase the support of affordable housing;and, WHEREAS, on October 22,2024, Item#16.D.7, the Board of County Commissioners approved SUBRECIPIENT Agreement ARP21-26 for $538,357 for impact fees associated with the Phase 11 affordable senior housing project at the former Golden Gate Golf Course, in accordance with Amendment #5 of the ARP Plan, to further affordable housing initiatives provided through a grant from the U.S. Department of the Treasury,State and Local Fiscal Recovery Funds; and, WHEREAS,on August 12,2025, Item #16.D.5,the Board of County Commissioners in-absentia approved the COUNTY's Amendment #14 to the State and Local Fiscal Recovery Plan, including the Collier County Affordable Housing Grant Program project for$10,585,310.76 to assist with the delivery of new affordable housing units, and accepted revised Key Performance Indicators and project numbers CC4.4 Collier County Affordable Housing Loan Fund and CC4.6 Collier County Affordable Housing Grant Program;and, WHEREAS, DEVELOPER/BENEFICIARY seeks to reallocate funds from Phase 2 to Phase 1 due to delays in financing and to support the development of affordable workforce units in Phase I. WHEREAS,the Parties wish to set forth the responsibilities and obligations of each in the undertaking of the American Rescue Plan(ARP)project. NOW,THEREFORE, in consideration of the covenants and agreements herein contained, and for other good and valuable consideration, the Parties hereby agree that the COUNTY will provide a Grant to the DEVELOPER/BENEFICIARY upon and subject to all general conditions, terms, covenants, and agreements herein set forth. • RENAISSANCE HALL AT OLD COURSE,LLC ARP2I-28 Page 2 Collier County Affordable Housing—Impact Fees 1 16D 1 PART I SCOPE OF WORK DEVELOPER/BENEFICIARY shall, in accordance with the Collier County Recovery Plan, which is the official COUNTY document guiding the use of funds,intended goals,and measurement of impact,perform the tasks necessary to conduct the program as follows: Project Name: American Rescue Plan-Collier County Affordable Housing—Impact Fees Description of project and outcome:This project,on the site of the former Golden Gate Golf Course in Collier County, will cover reimbursement of eligible pre-development costs and construction associated with the delivery of up to 252 new affordable housing units of workforce housing, primarily for essential services personnel.This will include but is not limited to certain impact fees, as imposed through a 99-year Collier County Standard Form Long-Term Ground Lease(Phase 1) entered into on March 26,2024,pursuant to the use of SLFRF funds and responding to the negative economic impact of the public health emergency to mitigate increased housing instability. Project Component One: Pre-development and construction costs including but not limited to impact fees,permitting, labor,and materials. U.S.Treasury Expenditure Category: EC2.15 Collier County Recovery Plan Project Number: ARP21-28 Evidence Basis:No 1, Project Tasks: a. Task I: Implement eligible pre-development and construction activities for affordable housing development to increase long-term housing security. 2. ARP Documentation Requirements Compliance Criteria: A. Activities carried out with funds provided under this Agreement will contribute to a program designed to: a. Develop affordable housing to increase long-term housing security and respond to the impacts of the public health emergency on households and COmmutlities. b. Involve large expenditures and capital investments for the sum of all agreements related to this project(Phase I) totaling more than$10,000,000 to increase the supply of long-term affordable housing for households that experienced associated public health emergency impacts under the final rule and provide written justification for the project. c. Ensure the project's presumptively eligible use defined by Presumption 2(see Part V) for the development of affordable rental housing with certain income and affordability requirements, d. Presume that an investment in the development of any affordable housing unit is an eligible use of SLFRF funds to respond to the negative economic impacts of the public health emergency if the unit has a limited maximum income of 120 percent area median income,as imposed through a covenant,99-year lease restriction agreement.This presumption is eligible even if the project does not RENAISSANCE HALL AT OLD COURSE,LLC ARP21-28 Page 3 Collier County Affordable Housing—Impact Fees 16D 1 align with the federal housing programs specified in Presumption I (See Part V). e. Respond to "d" above, such that SLFRF funds as part of the financing for a mixed-income housing project, if the total financing made up of SLFRF funds does not exceed the total development costs attributable to affordable housing units limited to households at or below 120 percent AMI for the.affordability period.For example, if 25 percent of a project's units are reserved,for families at or below 120 percent AMI for the affordability period,and 20 percent of the total development costs of the project are attributable to such reserved units, then SLFRF funds may,be used to pay for up to 20 percent of the total development costs. f. Address that the income limit and 20-year affordability covenant does not need to apply to specific units,but rather it may specify a number of units within the development, in which case the covenant should also specify the bedroom size mix. See"g", g. Respond to "f" above and to satisfy said requirements pursuant to a greater affordability period of 99 years stipulated within the Collier County Long- Term Term Ground Lease Phase I and satisfy Unit Totals and Types as specified in Exhibit B (see Exhibit B; Collier County Long-Term Ground Lease Phase I). Serve households, including but not limited to,at or below 65 percent of AMI for a period of 20 years or greater. h. Ensure additional eligible uses, beyond those eligible under the presumptions described above, may also be eligible uses of SLFRF funds under the Final Rule if they are related and are reasonably proportional to addressing the negative economic impacts of the public health emergency and otherwise meet the final rule's requirements.As an example,additional eligible uses to address the negative economic impacts of the public health emergency and respond to the local rental market may fund units (e.g., above 120 percent AA11) that do not fall into the presumptively eligible categories expanded under the Final Rule used for affordable housing projects. i. Prioritize SLFRF investments for affordable housing in close proximity to,or with strong transit linkages to, centers of employment and/or institutions that provide high quality education or childcare, health care services, and healthy foods. j. Develop affordable housing to increase supply of affordable and high-quality living units responsive to the needs of impacted populations, not only disproportionately impacted populations. B, Evidence-Based While U.S. Treasury would prefer an evidence-based program, this project as conceived is not evidence-based under EC2.15''. Zero ("0") will be reported quarterly,as applicable to evidence-based interventions. 1.1 GRANT AND SPECIAL CONDITIONS Although DEVELOPER/BENEFICIARY is both developer and beneficiary for the purposes of this Agreement, and some performance under this Agreement is not subject to 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, the COUNTY deems it prudent to make the Grant subject to the following conditions precedent. RENAISSANCE HALL AT OLD COURSE,LLC ARP2I-28 Page 4 Collier County Affordable Housing—Impact Pees • 16D A. Within sixty (60) calendar days of the execution of this Agreement, DEVELOPER/BENEFICIARY must deliver to Community and Human Services Division (CI-iS) for approval a detailed project schedule for the completion of the project. B. The following checked policies must be submitted within sixty (60)days of execution of this Agreement: • Affirmative Action/Equal Opportunity Policy • Conflict of Interest Policy • Section 3 Policy • Uniform Relocation Act Policy • Sexual Harassment Policy Section 504/ADA Policy • Fraud, Waste,and Abuse Policy ® Limited English Proficiency Policy(LEP) • ® Violence Against Women Act(VAWA)Policy • Duplication of Benefits(DOB)Attestation and DOB Policy • increasing Seat Belt Use in the United States Policy Reducing Text Messaging While Driving C. Annual DEVELOPER/BENEFICIARY Training — All DEVELOPER/BENEFICIARY staff assigned to the administration and implementation of the Project established by this Agreement, shall attend all CHS-offered Subrecipient/Sponsor/Developer training, relevant to the Project, as determined by the Grant Coordinator, not to exceed three (3) sessions. 1.2 PROJECT DETAILS A, Project Description/Project Budget Description Federal Amount Project Component 1: Pre-development and construction $538,357 costs including but not limited to impact fees, permitting, labor and materials F U.S.Treasury Expenditure Category*: EC2.I5 Collier County Recovery Plan Project Number: CC4.6 Total Federal Funds: $538,357 * Expenditure Categories are subject to change based on future guidance from the U.S. Treasury Department. If that occurs,additional reporting requirements may be necessary. ` DEVELOPER/BENEFICIARY will accomplish the following checked project tasks: ❑ Maintain documentation of services to persons/businesses in Qualified Census Tract ! ® Maintain documentation of Performance Outputs F • Maintain and provide to the COUNTY, as requested, beneficiary and/or income certification documentation ❑ Maintain Eligibility Documentation,retained at DEVELOPER/BENEFICIARY location • Provide quarterly project progress reports • Ensure attendance by a representative from executive management at scheduled partnership meetings,as requested by CHS RENAISSANCE HALL AT OLD COURSE.,LLC — { ARP21-28 l'age 5 j Collier County Affordable Housing—Impact Fees • 16D 1 • Ensure compliance with Environmental Review prior to any reimbursement and DEVELOPER/BENEFICIARY issuance of Notice to Proceed(NTP) Provide monthly pre-development progress reports until construction commences ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis-Bacon Labor Standards • Provide annual Section 3 new hire and/or business certified report accessed through Collier County Section 3 LCP Tracker or by email • Access Salesforce web portal to upload Pay Requests, Quarterly Reports, Status Reports, KPls, Details,and Narratives B. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty(60)days of (Section 1.1) Agreement Agreement execution insurance Insurance Certificate(Exhibit A Within seven(7)days prior to start of construction and annually within thirty(30)days of renewal Detailed Project Schedule Project Schedule Within sixty(60)days of Agreement execution Project Plans and Specifications Site Plans&Specifications- N/A N/A Subcontractor Log N/A N/A Quarterly, Final,and Annual Quarterly Exhibit C Quarterly,due I0tl'of month Progress Report following end of quarter until Final Exhibit C Report(Period final Close Out Letter; Final of Performance Totals) Exhibit C Report,due at time of last quarterly report;Annually, Annual Progress Report due by October 31 S'after • closeout until the end of the full Affordability Period Section 3 Program Section 3 Report: New Hire Annually, due by October I0'1' Requirements and/or Business,as applicable Annual Audit Monitoring Exhibit D Within sixty(60)days of Report Agreement execution and Fiscal Year(FY)End Financial and Compliance Audit Audit,Management Letter Annually: nine(9)months after (Renaissance Hall at Old FY end for Single Audit OR one Course, LLC FY End is 12/31) hundred eighty(180)days after FY end. Capital Needs Assessment Plan Plan Approved by the County Initial Plan due after construction completion and annually thereafter by October 31st,until the end of the Affordability Period RENAISSANCE HALL AT OLD COURSE,LLC ARP21-28 Page 6 Collier County Affordable Housing—Impact Fees 1 6D 1 Register of Tenant Income and Summary of Tenant Income, Within 30 days after initial lease Rent Income Limit, Rent and Rent up and annually thereafter by Limit,by unit(Rent Roll) October 315`,until the end of the Affordability Period Program Income Reuse Plan N/A N/A Conflict of Interest Form Subrecipient/Developer/Vendor Upon execution of Agreement Conflict of Interest Disclosure for all employees who will work Form on activities of the project, and upon hiring of all new employees who will work on the project. Whistleblower Protections Exhibit F Upon execution of Agreement Certification for all employees who will work on activities of the project,and upon hiring of all new employees who will work on the project. Affidavit Regarding Labor and Affidavit Upon execution of the Services(Trafficking) Agreement. C. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Pre- Exhibit B,and supporting documents,as Monthly invoices due development and construction evidenced by the applicable support for within 30 days of the costs including but not limited to payment request type which may be: prior month. impact fees,permitting, labor, impact fee calculation assessment(or and materials. equivalent),payment slips,permit, U.S.Treasury Expenditure invoice or A IA;all requests shall include Category: Eel 15 proof of payment(i.e.,cancelled check Collier County Recovery Plan and bank statement), any other additional Project Number: CC4.6 documentation as requested. All pay requests under this agreement must be submitted by September 1,2026. See Exhibit B: Retainage does not apply to this agreement. 1.3 PERIOD OF PERFORMANCE DEVELOPER/BENEFICIARY services shall start on December 29, 2022, retroactively in accordance with ARP and State and Local Fiscal Recovery Appropriation language, and shall end on September 30,2026,unless terminated earlier, in accordance with provisions of Paragraph 3.9, Defaults, Remedies, and Termination. In accordance with 2 CFR 200 Subpart E Cost Principles and Section 215.97(1)(d) Florida Statutes, DEVELOPER/BENEFICIARY may expend funds authorized by this Agreement, only for allowable costs resulting from obligations incurred during the specific agreement period. RENAISSANCE HALL AT OLD COURSE,LLC ARP2I-28 Page 7 Collier County Affordable Housing—Impact Fees 16D 1 If DEVELOPER/BENEFICIARY complies with all requirements set forth herein, this Agreement shall terminate September 30,2026,whereupon all obligations of DEVELOPER/BENEFICIARY for repayment of funds shall cease. Notwithstanding the foregoing, the COUNTY expressly reserves and does not waive its right to recover any damages arising from or relating to DEVELOPER/BENEFICIARY's breach of any of the Grant Documents,including but not limited to this Agreement and/or any attachments hereto, which occurred in whole or in part before said termination, 1,4 AGREEMENT AMOUNT The COUNTY agrees to make available FIVE HUNDRED THIRTY-EIGHT THOUSAND THREE HUNDRED FIFTY-SEVEN DOLLARS and ZERO CENTS ($538,357,00) for use by DEVELOPER/BENEFICIARY during the term of'the Agreement(hereinafter,shall be referred to as the"Funds"). DEVELOPER/BENEFICIARY may use Funds only for expenses eligible under Section 603(c) of the Social Security Act, specifically the State and Local Fiscal Recovery Fund, and further outlined in the U.S.Treasury Guidance, The ARP requires that Funds from the State and Local Fiscal Recovery Fund only be used to cover expenses that: A, Were incurred during the period that begins on December 29,2022,and ends on September • 30, 2026. Funds must qualify as a necessary expenditure incurred due to the public health emergency and meet the other criteria of Section 603(c) of the Social Security Act. B. Examples of eligible expenses include, but are not limited to: i. Responding to or mitigating the public health emergency with respect to the emergency or its negative economic impacts; ii. Providing government services to the extent of the reduction in revenue; iii. Making necessary investments in water,sewer, or broadband infrastructure; iv. Responding to workers performing essential work during the public health emergency by providing premium pay to eligible COUNTY workers that are performing such essential work,or by providing grants to eligible employers that have eligible workers who perform essential work. The COUNTY shall reimburse DEVELOPER/BENEFICIARY for the performance of this • Agreement upon completion or partial completion of the work tasks,as accepted and approved by CHS. DEVELOPER/BENEFICIARY may not request disbursement of ARP Funds until needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. DEVELOPER/BENEFICIARY may expend Funds only for allowable costs resulting from obligations incurred from December 29, 2022, through September 30, 2026. However,the DEVELOPER/BENEFICIARY shall not be reimbursed until receipt of U.S.Treasury approval, if required. invoices for work performed are required every month. If no work has been performed during the month, or if DEVELOPER/BENEFICIARY is not yet prepared to send the required backup,a$0 invoice is required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to DEVELOPER/BENEFICIARY, when requested, as work progresses but not more frequently than once per month. Reimbursement will not occur if DEVELOPER/BENEFICIARY fails to perform the minimum level of service required by this Agreement. RENAISSANCE HALL AT OLD COURSE,LLC ARP21-28 Page S Collier County Affordable Housing—Impact Fees 16D 1 Final invoices are due no later than ninety (90) days after the end of the Agreement. Work performed during the term of the program but not invoiced within ninety(90)days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing,by formal letter to the DEVELOPER/BENEFICIARY. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Any construction expenditure for changes to the original contract must be approved by the COUNTY through written Change Order,in advance of incurring the expenditure. Reimbursements will only be made for expenditures that the COUNTY provisionally determines are eligible under the ARP. However, the COUNTY's provisional determination that an expenditure is eligible does not relieve the DEVELOPER/BENEFICIARY of its duty to repay the COUNTY for any expenditures that are later determined by the COUNTY or Federal government to be ineligible. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act," Environmental Review Requirement (ERR)—The 2023 Consolidated Appropriations Act (CAA) provides that the requirements of the National Environmental Policy Act (NEPA) apply to COUNTY'S use of SLFRF funds for Title I projects and therefore,the U.S.Treasury environmental review and approval may be required prior to COUNTY'S use of funds. Accordingly, this Agreement does not constitute a commitment of funds or site approval.The commitment of funds, site approval, and/or distribution of funds to DEVELOPER/BENEFICIARY shall not occur until COUNTY receives approval from the U.S. Treasury, if such approval is found to be required by the U.S. Treasury. The provision of any funds to the project is conditioned on the COUNTY'S determination to proceed with, modify, or cancel the project based on the results received by the U.S.Treasury. 1.5 DEBT REPAYMENT Any funds paid to DEVELOPER/BENEFICIARY in excess of the amount to which DEVELOPER/BENEFICIARY is finally determined to be authorized to retain under the terms of this Agreement that are determined by the COUNTY or the U.S. Treasury Office of Inspector General to have been misused, or are determined by the COUNTY or U.S. Treasury to be subject to a repayment obligation pursuant to section 602(e) and 603(b)(2)(D) of the Act, and have not been repaid by DEVELOPER/BENEFICIARY shall constitute a debt to the COUNTY. Any debts determined to be owed to the COUNTY must be paid promptly by DEVELOPER/BENEFICIARY. A debt is delinquent if it has not been paid by the date specified in COUNTY's initial written demand for payment, unless other satisfactory arrangements have been made or if DEVELOPER/BENEFICIARY knowingly or improperly retains funds that are a debt as defined in this section. The COUNTY will take any actions available to it to collect such a debt, 1.6 COST PRINCIPLES • Payments made by COUNTY are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. Accordingly, payments will be made RENAISSANCE HALL AT OLD COURSE,LLC ARI'21-28 Page 9 Collier County Affordable Housing—Impact Fees 16D 1 on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. DEVELOPER/BENEFICIARY may only incur direct costs that may be attributed specifically to the project(s) referenced above, as defined in 2 CFR 200,413. DEVELOPER/BENEFICIARY must provide adequate documentation for validating costs incurred. 1.7 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery,or sent by facsimile or other electronic means. Either party may change the address to which notices are to be sent to it by giving written notice of such change to the other party in the manner herein provided for giving notice.Any.notice,request, instruction, or other document delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Carrie Kurutz,Grant Coordinator Collier County Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples,Florida 34112 Email: carrie.kurutz@collier.gov Telephone: (239)252-2644 DEVELOPER/BENEFICIARY ATTENTION: Steve Kirk, President Renaissance Hall at Old Course, LLC 19308 SW 380th Street, Florida City, FL 33034 do P.O. Box 343529 Florida City,Florida 33034 Email: stevekirk@ruraIneighborhoods.org Telephone: (305)242-2188 Remainder of Page Intentionally Left Blank RENAISSANCE HALL AT OLD COURSE,LLC ARP2 1-28 Page I Collier County Affordable Housing—Impact Fees 1 • ti 6D 1 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS During the term of this Agreement, DEVELOPER/BENEFICIARY shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit D) no later than 60 days after DEVELOPER/BENEFICIARY's fiscal year end. In addition, DEVELOPER/BENEFICIARY shall submit to the COUNTY an Audit report, Management Letter, and supporting documentation one hundred eighty (180) days after the DEVELOPER/BENEFICIARY's fiscal year end. The COUNTY will conduct an annual financial and programmatic review, DEVELOPER/BENEFICIARY must clear any deficiencies noted in audit reports within 30 days after receipt of the report.DEVELOPER/BENEFICIARY's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. DEVELOPER/BENEFICIARY hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning developer audits. 2,2 RECORDS AND DOCUMENTATION DEVELOPER/BENEFICiARY shall maintain sufficient records, in accordance with 2 CFR 200.334, Section 602(c) of the Social Security Act, and Section 119.021, Florida Statutes, to determine compliance with the requirements of this Agreement, the ARP Program,specifically section 603(c) of the Social Security Act, and all other applicable laws and regulations. This documentation shall include, but is not limited to,the following: A. All records required by ARP regulations. B. DEVELOPER/BENEFICIARY agrees to execute such further documents as may be required by law or prepared by the COUNTY to confirm DEVELOPER/BENEFICiARY's Agreement. C. DEVELOPER/BENEFICIARY shall keep and maintain public records that ordinarily and • necessarily would be required by the COUNTY in order to perform the service. D. DEVELOPER/BENEFiCIARY shall make available at any time upon request by COUNTY or CHS, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by DEVELOPER/BENEFICIARY for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of Funds provided directly or indirectly by this Agreement, including • matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. E. Upon completion of all work contemplated under this Agreement,copies of all documents and records relating to this Agreement shall be surrendered to CHS or the U.S. Treasury, if requested. In any event, DEVELOPER/BENEFICIARY shall keep all documents and RENAISSANCE HALL AT OLD COURSE,LLC ARP2I-28 Page I I Collier County Affordable Housing—Impact Fees 16D 1 records in an orderly fashion, in a readily accessible, permanent, and secured location for Five (5) years after the date of COUNTY'S submission of the final performance and evaluation report to HUD, and all Funds have been expended. If any litigation, claim, or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation,claim,or audit findings involving these records are resolved. If DEVELOPER/BENEFICIARY ceases to exist after the closeout of this Agreement, it shall notify the COUNTY in writing, of the address where the records are to be kept. DEVELOPER/BENEFICIARY shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in DEVELOPER/BENEFICIARY's possession upon termination of the Agreement and destroy any duplicate, exempt,and/or confidential public records that are free from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. The U.S. Treasury may request transfer of records of long-term value at the end of the five (5) year retention period. Wherever practicable, such records should be collected, transmitted,and stored in open and machine-readable formats. IF DEVELOPERIBENEFICIARY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE DEVELOPER/ BENEFICIARY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-5837, Angel.Bates(r,collier.gov, 3299 Tamiami Trail E,Naples FL 34112. F. DEVELOPER/BENEFICIARY shall take reasonable cybersecurity and other measures to safeguard information including protected personally identifiable information (PII) and other types of information in accordance with 2 CFR 200.303(e).This includes information that the Treasury or COUNTY designates as sensitive,or other information the COUNTY considers sensitive and is consistent with applicable Federal, State, and Local laws regarding privacy and responsibility over confidentiality. G. DEVELOPER/BENEFICIARY shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. DEVELOPER/BENEFICIARY shall ensure that exempt and/or confidential public records that are free from public records disclosure requirements are not disclosed. H. • Notwithstanding . any provision in the Grant Documents to the contrary, .DEVELOPER/BENEFICIARY agrees that the failure or delay by the COUNTY in giving any notice or statement hereunder or under any other Grant Document,or any inaccuracy .therein or incompleteness thereof, shall not in any way alter or affect the absolute and unconditional obligation of DEVELOPER/BENEFICIARY to pay and perform in full,the obligations set forth hereunder, but any action taken or not taken by DEVELOPER/BENEFIC1ARY as a direct result of such lack or delay of notice, or of DEVELOPER/BENEFICIARY 's good faith reliance upon a material inaccuracy therein — RENAISSANCE HALL AT OLD COURSE,LLC ARP2I.28 Page 12 Collier County Affordable Housing—Impact Fees i i 1 6D 1 or the material incompleteness 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 DEVELOPER/BENEFICIARY does not otherwise have or receive notice or knowledge of the material contents or substance of such notice, or of the intended substance of any inaccurate or incomplete notice, as the case may be, and DEVELOPER/BENEFICIARY acts,at all times,in good faith. 2.3 MONITORING DEVELOPER/BENEFICIARY agrees that CHS may carry out no fewer than one (1) annual on- site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. DEVELOPER/BENEFICIARY shall, upon the request of CHS, submit information and status reports required by CHS or the U.S. Treasury to enable CHS to evaluate said progress and allow for completion of required reports. DEVELOPER/BENEFICIARY shall allow CHS or the U.S. to monitor DEVELOPER/BENEFICiARY on site.Such site visits may be scheduled or unscheduled, as determined by CHS or the U,S. Treasury, At any time during normal business hours and as often as the COUNTY(and/or its representatives) may deem necessary, DEVELOPER/BENEFICIARY shall make available for review, inspection, or audit, all records, documentation, and any other data relating to all matters covered by the Agreement, The COUNTY will monitor the DEVELOPER/BENEFICIARY'S performance in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated with all other applicable laws,regulations,and policies governing the Funds provided under this Agreement. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If corrective action is not taken by DEVELOPER/BENEFICIARY within a reasonable period after being notified by CHS, Agreement suspension or termination procedures will be initiated. DEVELOPER/BENEFICIARY agrees to provide the U.S. Treasury Office of Inspector General, the Government Accountability Office, the Florida Auditor General, the COUNTY,the COUNTY's internal auditor(s), or their representatives access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE DEVELOPER/BENEFICiARY shall establish, maintain, and utilize internal systems and procedures to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and provide the proper and effective management of all Program and Fiscal activities of the Agreement. DEVELOPER/BENEFICIARY's internal control systems and all transactions and other significant events shall be clearly documented,and the documentation shall be readily available for monitoring by COUNTY. DEVELOPER/BENEFICIARY shall provide COUNTY with complete access to all its records, employees, and-agents for the purpose of monitoring or investigating the performance of the Agreement. DEVELOPER/BENEFICIARY shall fully cooperate with COUNTY's efforts to detect, investigate,and prevent fraud, waste,and abuse. RENAISSANCE HALL AT OLD COURSE,LLC ARI'21-28 Page 13 Collier County Affordable Housing—Impact Fees 16D DEVELOPER/BENEFICIARY acknowledges that 31 USC Chapter 38,Administrative Remedies for False Claims.and Statements, applies to the actions of DEVELOPER/BENEFICIARY and its contractors pertaining to this Agreement. DEVELOPER/BENEFICIARY understands that making false statements or claims in connection with this award is in violation of Federal law and may result in criminal, civil, or administrative sanctions including fines,imprisonment,civil damages and penalties,debarment from participating in Federal awards or contracts, and/or any other remedy available by law. • DEVELOPER/BENEFICIARY may not discriminate against any employee or other person who reports to COUNTY, or to any appropriate-law enforcement authority, a violation of the terms of this Agreement or any law or regulation, if the report is made in good faith. 2.5 WHISTLEBLOWER PROTECTION a. In accordance with 2 CFR 200.217 and 41 U.S.C. § 4712,• the DEVELOPER/ BENEFICIARY may not discharge,demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse ofauthority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i, A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A U.S.Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury;or vii. A management official or other employee of DEVELOPERBENEFICIARY, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. DEVELOPER/BENEFiCIARY shall inform its employees in writing of the rights and remedies provided under 2 CFR 200.217 and 41 U.S.C. 4712, in the predominant native language of the workforce. All DEVELOPER/BENEFICIARY employees directly involved with activities associated with this Agreement shall complete and submit to the COUNTY the Collier County Whistleblower Protections Certification form (Exhibit F) prior to execution of this Agreement. Any new employees hired during the period of performance of this Agreement shall also complete and submit the form to the COUNTY. 2.6 PROGRAM BENEFICIARIES Funds invested in dwelling units that are assisted with ARP Funds must be occupied by impacted, or disproportionately impacted households that qualify as low-income,as defined in Section 5.2 of this Agreement. For rental programs, income certification will be conducted prior to move-in and RENAISSANCE HALL AT OLD COURSE,LLC ARP21-28 Page 14 Collier County Affordable Housing—Impact Fees 16D 1 annually thereafter. Income eligibility of tenants will be validated with supporting documentation during interim monitoring, closeout monitoring,and annually during the affordability period. 2.7 DUPLICATION OF BENEFITS In consideration of DEVELOPER/BENEFICIARY's receipt of Funds from the COUNTY, DEVELOPER/BENEFICIARY hereby assigns to the COUNTY all of its future rights to reimbursement and all payments received from any grant,subsidized loan,or insurance policies of any type or coverage, or any reimbursement or relief program related to or administered by the Federal Emergency Management Agency,the Small Business Administration,or any other Federal or State program to the extent that proceeds paid to DEVELOPER/BENEFICIARY under this Agreement,and determined in the sole discretion of the COUNTY to be a Duplication of Benefits (DOB). This shall be defined as financial assistance available to the DEVELOPER/ BENEFICIARY that can be used to pay the costs described under Project Description/Project Budget(Section 1.2.A)for the scope of work described in this Agreement that are to be paid for by this grant, DEVELOPER/BENEFICIARY agrees to immediately notify the COUNTY upon receiving any proceeds from other relief or loan programs for this scope of work, which were not already described in the grant application. If some or all the proceeds are determined to be a DOB,the DOB portion shall be paid to the COUNTY forthwith. 2,8 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No.2013-228,CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for noncompliance is as follows: 1. Initial noncompliance may result in the COUNTY issuing Findings or Concerns to DEVELOPER/BENEFICIARY, which will require DEVELOPER/ BENEFICIARY to submit a corrective action plan to the COUNTY within 15 days following issuance of the report. • Any pay requests that have been submitted to the COUNTY for payment will be held until the corrective action plan has been submitted: • CHS will be available. to provide Technical Assistance •(TA) to DEVELOPER/BENEFICIARY,as needed, in order to correct the noncompliance issue. 2. If DEVELOPER/BENEFICIARY fails to submit the corrective action plan to the COUNTY in a timely manner, CHS may require DEVELOPER/BENEFICIARY to return a portion of the awarded grant amount, RENAISSANCE HALL AT OLD COURSE,LLC ARP21-28 Page 15 Collier County Affordable Housing—Impact Fees • 16D 1 • CHS may require DEVELOPER/BENEFICIARY to return upwards of 5 percent of the award amount,at the discretion of the Board. • DEVELOPER/BENEFICIARY may be denied future consideration as set forth in Resolution No, 2013-228. 3. If DEVELOPER/BENEFICIARY remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of their substantial noncompliance by certified mail,the COUNTY may require DEVELOPER/BENEFICIARY to return a portion of the awarded grant amount or the amount of the investment for acquisition of the properties conveyed. • CHS may require DEVELOPER/BENEFICIARY to return to the COUNTY upwards of 10 percent of the award amount, at the discretion of the Board. • DEVELOPER/BENEFiCiARY will be considered in violation of Resolution No, 2013-228, 4. If after repeated notification,. DEVELOPER/BENEFICIARY continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the contract or Agreement, DEVELOPER/BENEFICIARY will be required to repay all Funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • DEVELOPER/BENEFICIARY wilt be considered in violation of Resolution No. 2013-228. If DEVELOPER/BENEFICIARY has multiple agreements with the COUNTY,and is found to be noncompliant, the above sanctions may be imposed across all awards, at the Board's discretion. 2.9 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement,and on the resolution of monitoring findings identified pursuant to this Agreement,as deemed necessary by the County Manager or designee. During the term of this Agreement,DEVELOPER/BENEFICIARY shall submit quarterly progress reports to the COUNTY on the 10th day of January,April,July, and October. As part of the report submitted at the end of the project, DEVELOPER/BENEFICIARY agrees to include a comprehensive final report covering the agreed-upon Program objectives, activities, expenditures and expenditure categories, evidence-basis, impact evaluation metrics, and Key Performance Indicators (KPl) defined by DEVELOPER/BENEFICIARY and the Evidence Based and Impact Evaluation Team. Exhibit C is a reporting form to be used in fulfillment of this requirement. Expenditure Categories are subject to change based on future guidance from the U.S. Treasury. If that occurs,additional reporting requirements may be necessary.Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. RENAISSANCE HALL AT OLD COURSE,LLC ARP21-28 Page 16 Collier County Affordable Housing—impact Fees 16D 1 The Federal Guidance for these activities as of August 31,2021 exists within the"Compliance and Reporting Guide; State and Local Fiscal Recovery Funds," The COUNTY has translated these guidelines into its Recovery Plan, which outlines major Expenditure Categories, Goals, target populations served,and I<Pls. DEVELOPER/BENEFICIARY must ensure that the project fulfills the requirements of the Recovery Plan and may need to work with the Evidence-Base and Impact Evaluation Team to fully define evidence base,KPIs,and an Impact Evaluation framework. DEVELOPER/BENEFICIARY should consult with the COUNTY's Grant Coordinator to determine the required inputs along these Iines, DEVELOPER/BENEFICIARY may work with the COUNTY Evaluation and Data Analysis Team to determine sufficient evidence-base citations for project activities,and/or to set impact evaluation and key performance indicators. • Remainder of Page Intentionally Left Blank • • • • • • • I � � II RENAISSANCE HALL AT OLD COURSE,LLC ARP21-28 Page 17 Collier County Affordable Housing—Impact Fees 1 16D 1 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent, if given at all,shall be at the COUNTY's sole discretion and judgment. Any assignee shall be bound by all the terms of this assigned documents. II 3.2 GENERAL COMPLIANCE DEVELOPER/BENEFICIARY agrees to comply with the requirements of the ARP, Section 602 (f) and Section 603 (c) of the Social Security Act. DEVELOPER/BENEFICIARY also agrees to comply with all other applicable laws,regulations,and policies governing the Funds provided under this Agreement.DEVELOPER/BENEFICIARY further agrees to utilize Funds available under this Agreement to supplement rather than supplant funds otherwise available, Federal regulations applicable to this agreement,without limitations, include the following: 1. Implement Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Subpart F), of 2 CFR 200, other than such provisions as U.S. Treasury may determine are inapplicable to this Agreement and subject to such exceptions may be otherwise provided by U.S.Treasury. Subpart F—Audit Requirements of the Uniform Guidance implementing the Single Audit Act, shall apply to this Agreement. 2. Maintain active Universal Identifier and System for Award Management (SAM), 2 CFR Part 25,set forth in Appendix A to 2 C.F.R. Part 25 and hereby incorporated by reference. 3. Report Subaward and Executive Compensation Information,2 C.F.R. Part 170,set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. 4. Incorporate Guidelines to Agencies on Governmentwide Debarment and Suspension, 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions(contracts and subcontracts described in 2 C.F.R. Part 180,subpart B) that the award is subject to 2 CFR Part 180 and U.S. Treasury's implementing regulation at 31 CFR Part 19. 5. Report Recipient Integrity and Performance Matter, set forth in 2 C.F.R. Part 200, Appendix XII to Part 200,is hereby incorporated by reference, for total active agreements and contracts in excess of$10,000,000. 6. Implement Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. 7. Comply with New Restrictions on Lobbying, per 31 C.F.R. Part 21, 8. Implement Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 regulations,per 42 U.S.C. §§ 4601-4655 and implementing regulations. 9, Compliance with generally applicable federal environmental laws and regulations. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to,or shall be construed in any manner;as creating or establishing the relationship of employer/employee between the parties. DEVELOPER/ BENEFICIARY shall always remain an"independent contractor"with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the DEVELOPER/BENEFICIARY is independent from the COUNTY. RENAISSANCE HALL AT OLD COURSE,LLC ARP21-28 Page 18 Collier County Affordable Housing—Impact Fees 16D 1 3.4 AMENDMENTS The COUNTY or DEVELOPER/BENEFICIARY may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement,are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY'S governing body or its designee. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or DEVELOPER/BENEFICIARY from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the finding,the scope of services,or schedule of activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written '• amendment,signed by both COUNTY and DEVELOPER/BENEFICIARY. No modification or waiver of any provision of the Grant Documents,nor consent to any departure by DEVELOPER/BENEFICiARY therefrom shall in any event be effective unless the same shall be in writing,and such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No failure or delay on the part of the COUNTY in exercising any right, power, or privilege hereunder or under the Grant Documents shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right,power, or privilege. 3,5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from U.S.Treasury ARP grant funds,as provided by the U,S.Treasury,and must be implemented in full compliance with all of U.S. Treasury rules and regulations and any agreement between COUNTY and the U.S. Treasury governing ARP Funds pertaining to this Agreement. In the event of curtailment or non-production of said Federal Funds, or the reduction of Funds awarded by the U.S. Treasury to the COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the DEVELOPER/BENEFICIARY all or any portion of the Funds will not be available. In either event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee,in his/her sole discretion and judgment,that the funds are no longer available.In the event of such termination,the DEVELOPER/BENEFICIARY agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to DEVELOPER/BENEFICIARY under the terms of this Agreement. DEVELOPER/BENEFICIARY shall use the Grant proceeds solely for necessary expenditures incurred due to the public health emergency,and that the proceeds of the Grant will not be loaned, granted, or assigned to any.party and shall in no event be used for any purpose prohibited by the Grant Documents or Regulations. RENAISSANCE HALL AT OLD COURSE,LLC ARP2I-28 Page i9 Collier County Affordable Housing—Impact Fees 16D 1 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law,DEVELOPER/BENEFICIARY shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses,costs, and causes.of action.which may arise out of an act or omission, including but not limited to,reasonable attorneys' and paralegals' fees,to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of DEVELOPER/BENEFICIARY or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the DEVELOPER/BENEFICIARY in the performance of this Agreement. This indemnification obligation shall not be construed to negate,abridge,or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph, DEVELOPER/BENEFICIARY shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes.This section shall survive the expiration of termination of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS DEVELOPER/BENEFICIARY agrees that all notices, informational pamphlets, press releases, advertisements,.descriptions of the Program sponsorships, research reports, and similar public notices, whether printed or digitally prepared and released by DEVELOPER/BENEFICIARY for, on behalf.of,and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF TREASURY, UNDER FEDERAL AWARD NUMBER 1505-0271, AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION." The statement shall appear in the same size letters or type as the name of the DEVELOPER/BENEFICIARY. This design concept is intended to disseminate key information regarding the development team to the general public. 3.8 DEBARMENT AND SUSPENSION DEVELOPER/BENEFICIARY certifies that neither it, nor its principals, are presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal Department or agency;and, that DEVELOPER/BENEFICIARY shall not knowingly enter into any lower tier contract,or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, as outlined in OMB Guidelines to Agencies on governmentwide Debarment and Suspension (non- procurement),2 CFR Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 CFR Part 180, subpart B)that the award is subject to 2 CFR Part 180 and U.S.Treasury's implementing regulation at 31 CFR Part 19, RENAISSANCE HALL AT OLD COURSE,LLC ARP2I-28 Page 20 Collier County Affordable Housing—Impact Fees 16D 1 3.9 DEFAULTS,REMEDIES,AND TERMINATION This Agreement may be terminated for convenience by either the COUNTY or DEVELOPER/BENEFICIARY, in whole or in part, by setting forth the reasons for such termination,the effective date,and, in the case of partial terminations,the portion to be terminated. However,in the case of a partial termination,if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated if the award no longer effectuates the program goals or COUNTY priorities. The following actions or inactions by DEVELOPER/BENEFICIARY shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and U.S. Treasury guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill in a timely and proper manner its obligations under this Agreement. C, Ineffective or improper use of Funds provided under this Agreement. D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. Submission of any false certification. F. Failure to materially comply with any terms of this Agreement. G, Failure to materially comply with the terms of any other Agreement between the COUNTY and DEVELOPER/BENEFICIARY relating to the project. H. DEVELOPER/BENEFICIARY assigns this Agreement or any money advanced hereunder or any interest herein, I. Any representation or warranty made herein or in any report, certificate, financial statement, or other instrument furnished in connection with this Agreement or the Grant shall prove to be false in any material respect. J. If material adverse changes occur in the financial condition of the DEVELOPER/BENEFICIARY at any time during the Agreement, and DEVELOPER/BENEFICIARY fails to cure this adverse condition within thirty(30)days from the date written notice is sent by the COUNTY. In the event of any default by DEVELOPER/BENEFICIARY under this Agreement,the COUNTY may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part. B, Require immediate repayment to the COUNTY of all Grant Funds that DEVELOPER/BENEFICIARY has received under this Agreement,as set forth in Section 1.4. • C. Apply sanctions, if determined by the COUNTY to be applicable. • D. Stop all payments, until identified deficiencies are corrected. E. Terminate this Agreement by giving written notice to DEVELOPER/BENEFICIARY specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, DEVELOPER/BENEFICIARY shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement, RENAISSANCE HALL Al'OLD COURSE,LLC �T ARP2 1-28 Page 2.i Collier County Affordable Housing—Impact Fees 1 6 D 1 3.10 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law, or in equity), the DEVELOPER/BENEFICIARY shall immediately transfer to the COUNTY any property on hand at the time of termination and any accounts receivable attributable to the use of U.S. Treasury Funds, The COUNTY's receipt of any Funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse DEVELOPER/BENEFICIARY's obligation) to recoup all or any portion of the Funds or property,as the COUNTY may deem necessary. 3.11 INSURANCE DEVELOPER/BENEFICIARY shall not commence any work or services pursuant to this Agreement until all required insurance,as,outlined in Exhibit A,has been obtained. Said insurance shall be carried continually during DEVELOPF,R/BENEFIC1ARY's performance under the Agreement. 3,12 ADMINISTRATIVE REQUIREMENTS DEVELOPER/BENEFICIARY agrees to perform the Scope of Work in compliance with the Grant Budget, the Scope of Work (Part I), and where applicable; the Uniform Administrative Requirements, and Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.). 3.13 PURCHASING As DEVELOPER/BENEFICIARY is a program beneficiary and thus distinct from Subrecipient or Contractor, Federal Procurement standards(2 CFR 200.318 through 200,327)do not apply, 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of U.S. • Treasury Funds disbursed under this Agreement, prior to the expiration of this Agreement on September 30, 2026, such Program Income shall be returned to the COUNTY. Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any DEVELOPER/BENEFICIARY activity funded by ARP Funds shall be reported to the COUNTY through an annual program income re-use plan and shall be in compliance with 2 CFR 200.307, When Program Income is generated by an activity that is only partially assisted with ARP Funds, the income shall be prorated to reflect the percentage of ARP Funds used. Rental Housing: Rental housing acquired, constructed, rehabilitated,or otherwise improved with ARP Funds is subject to Program Income. For rental housing,Program Income is the gross revenue generated by the housing unit, reduced by the operating costs associated with generating the income. The COUNTY considers utilities, property insurance, maintenance, and property management to be operating costs that may be subtracted from gross revenue to determine net Program Income, For each Funded project, DEVELOPER/BENEFICIARY must submit a list of proposed costs incidental to the generation of Program Income for the COUNTY'S approval. RENAISSANCE HALL AT OLD COURSE,LLC ARP2I-28 Page 22 Collier County Affordable Housing—Impact Fees `.. i 1 6 D 1 Additionally, if DEVELOPER/BENEFICIARY sells, transfers, or disposes of, the ARP-assisted real property prior to the expiration of this Agreement on September 30,•• 2026, DEVELOPER/BENEFICIARY shall pay the COUNTY an amount equal to a percentage of the current fair market value of the property, after subtracting disposal costs. The percentage of the appraised value attributable to ARP and non-ARP Funds expended for the original acquisition of or improvement to the property, under the terms of this Agreement shall be the basis for such percentage. Such payment shall constitute Program income payable to the COUNTY. Purchase of Equipment: Equipment under .DEVELOPER/BENEFICIARY's control that was acquired or improved, in whole or in part,with ARP Funds shall be used to navigate the impact of the public health emergency outbreak, during the term of this Agreement. If the purchase of the asset was consistent with the limitations on the eligible use of Funds provided by section 603 (c) of the Social Security Act, DEVELOPER/BENEFICIARY may retain the asset, If such assets are disposed of prior to September 30, 2026, the proceeds would be subject to the restrictions on the eligible use of payments from the Funds provided by section 603 (c)of the Social Security Act. 3.15 GRANT CLOSEOUT PROCEDURES DEVELOPERBENEFICIARY's obligation to the COUNTY shall not end until all closeout requirements are completed. DEVELOPER/BENEFICIARY may close out the project with the COUNTY after the expiration of the Agreement and completion of the affordability period. Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets(including the return of all program income balances, and receivable accounts to the COUNTY),and determining the custodianship of records.In addition to the records retention outlined in Part 2.2,'DEVELOPER/BENEFICIARY shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration, DEVELOPER/BENEFICiARY must return to the COUNTY any balance of unobligated Funds that have been advanced or paid. Any Funds paid exceeding the amount DEVELOPER/BENEFICIARY is entitled to under the terms and conditions of this Agreement must also be refunded to the COUNTY. DEVELOPER/ BENEFICIARY shall produce records and information complying with Section 215.97, Florida Single Audit Act. 3.16 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS "The COUNTY agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the COUNTY and the COUNTY's DEVELOPER/ BENEFICIARY,sub-grantees,contractors,subcontractors,successors, transferees,and assignees: The DEVELOPER/BENEFICIARY sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal,financial assistance from excluding from a program or activity, denying benefits of, or other discriminating against a person on the basis of race, color, or national origin(42 U.S.C.§2000d et seq), as implemented by the Department of Treasrny's Title VI regulations, 3] CFR Par! 22, which are herein incorporated by reference and made a part of this contract(or agreement). Title VI also includes protection to persons ilwith "Limited English Proficiency"in any program or activity receiving federal assistance, d2 U.S.C. 2000d et seq., as implemented by the Department of the Treasury's RENAISSANCE HALL AT OLD COURSE,LLC ARP21-28 Page 23 Collier County Affordable Housing—Impact Fees 16D 1 'Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement." 3.17 OPPORTUNITIES FOR RESIDENTS, DISCRIMINATION, AND CIVIL RIGHTS COMPLIANCE DEVELOPER/BENEFICIARY/BENEFICIARY agrees that no person shall be excluded from the benefits of,or be subjected to,discrimination under any activity carried out by the performance of this Agreement based on race,color,disability,national origin,religion,age, familial status,or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. The DEVELOPER/BENEFICIARY,contractor,subcontractor,successor,transferee,and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race,color, or national origin(42 U.S.C. § 2000d et seq.), as implemented by the U.S. Treasury's Title VI regulations, 31 C.F.R. Part 22, which are herein incorporated by reference and made a part of this Agreement. Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial,assistance,42 U.S.C. §2000d et seq.,as implemented by the U.S.Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement, The following statutes and regulations prohibiting discrimination are applicable,without limitation, to this agreement: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and U.S. Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national original under programs or activities receiving federal financial assistance; 2. The Fair Housing Act,Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.),which prohibits discrimination in housing on the basis of race,color,religion, national origin, sex, familial status,or disability; 3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; 4, The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and U.S. Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and 5. Title iI of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies hereto. 3.18 PART 75, ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-INCOME PERSONS,SECTION 3 PROJECTS,HOUSING AND URBAN DEVELOPMENT ACT OF 1968(24 CFR 75) This Agreement is subject to Section 3,a provision of the Housing and Urban Development Act of 1968. Section 3 projects are housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and community RENAISSANCE HALL AT OLD COURSE,LLC ARP2I-28 Page 2.1 Collier County Affordable Housing—ltnpact Fees 1 16D 1 development financial assistance when the total amount of assistance to the project exceeds a threshold of $200,000. The project is the site or sites together with any building(s) and improvements located on the site(s)that are under common ownership,management,and financing. The requirements of Part 75 apply to an entire Section 3 project, regardless of whether the project is fully or partially assisted under HUD programs that provide housing and community development financial assistance. If reporting indicates that the COUNTY has not met the Section 3 benchmarks,the COUNTY must report in a method prescribed by 1-IUD program offices on the qualitative nature of its activities and those its contractors and subcontractors pursued per 24 CFR § 75.15(b) and § 75,25(b). The DEVELOPER/BENEFICIARY must submit reporting of labor hours to the COUNTY in a manner prescribed by HUD. See 24 CFR § 75.15(a) and (b). To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for F training and employment,and eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 3,19 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES DEVELOPER/BENEFICIARY will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement, As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a)of the Small Business Act,as amended(15 U.S.C. 632),and "minority and women's business enterprise" means a business that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members"are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. DEVELOPER/ BENEFICIARY may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3,20 AFFIRMATIVE ACTION DEVELOPER/BENEFICIARY agrees that it shall be committed to carry out an Affirmative Action Program pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966,as amended. Prior to the award of non- j construction Funds, if DEVELOPER/BENEFICIARY has 50 or more employees and the Agreement amount is greater than $50,000, DEVELOPER/BENEFICIARY shall submit an Affirmative Action Program plan for approval by the COUNTY. If the Affirmative Action Program is updated during the terns of the Agreement DEVELOPER/BENEFICIARY must submit it to the COUNTY within 30 days of modification. For funds awarded for construction projects over $10,000, DEVELOPER/BENEFICIARY shall certify it meets the federally required 16 affirmative action steps,detailed at Employer.gov. https://www.employer.gov/federal-contractor-requirements/affirmative-action-and-related-requirements/ 3,21 CONFLICT OF INTEREST DEVELOPER/BENEFICIARY covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project,has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement,and that no person having any conflict of interest shall be employed or subcontracted by the DEVELOPER/BENEFICIARY. DEVELOPER/BENEFICiARY also covenants that it will comply with all Conflict of Interest RENAISSANCE HALL AT OLD COURSE,LLC ARP21-28 Page 25 Collier County Affordable Housing—Impact Fees • 16D 1 provisions of 2 CFR 200.318(c), and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. All DEVELOPER/BENEFICIARY employees who work -on activities associated with this Agreement shall complete the Subrecipient/ Developer/Vendor Conflict of Interest Disclosure Form prior to execution of this Agreement. Any employees hired later during the period of performance for this Agreement who will work on activities associated with this Agreement shall also complete and submit to the COUNTY the 1. Conflict of Interest Disclosure Form. DEVELOPER/BENEFICIARY will notify the COUNTY, in writing,and seek COUNTY approval prior to entering into any contract with an entity owned in whole.or in part by a covered person,or an entity owned or controlled in whole or in part by the DEVELOPER/BENEFICIARY. 1'he COUNTY may review the proposed contract to ensure that the contractor is qualified,and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit DEVELOPER/BENEFICIARY ability to self- manage the projects using its own employees. DEVELOPER/BENEFICIARY shall establish Conflict of Interest reporting requirements for its board members and staff to report their participation as a beneficiary in the program supported by this Agreement. Such reporting shall also incorporate reporting the participation of their family members who include a spouse or civil union partner, member of the same household, parent (including step- and in-law) grandparent (including step- and in-law), child (including step-) or grandchild(including step-),sibling(including step-and in-law),cousin,aunt,or uncle. Any possible conflict of interest on the part of DEVELOPER/BENEFICIARY, its employees, or its contractors shall be disclosed to CHS in writing,provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate- income residents of the project target area. 3.22 BYRD ANTI-LOBBYING AMENDMENT Each tier certifies that the tier above it will not and has not used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of Federal Funds, as covered by 31 USC 1352, as more fully described in Section 4.32 of this Agreement, Contractors who apply or bid for an award of$100,000 or more shall file the required certification, 3.23 RELIGIOUS ORGANIZATIONS ARP Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set forth in Executive Order 13279, dated December 12, 2002, as amended. DEVELOPER/BENEFICIARY shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion, C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its RENAISSANCE HALL AT OLD COURSE,LLC ARI'2i-28 Page 26 Collier County Affordable Housing—impact Fees { 16D 1 religious beliefs, provided it does not use direct ARP Funds to support any inherently religious activities,such as worship, religious instruction,or proselytizing. D. The Funds shall not be used for the acquisition,construction,or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, ARP Funds may not exceed the cost of those portions of the acquisition,construction,or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ARP funds in this part. Sanctuaries, chapels, or other rooms that an ARP funded religious congregation uses as its principal place of worship,however,are ineligible for ARP funded improvements. 3.24 INCIDENT REPORTING If DEVELOPER/BENEFICIARY provides services to clients under this Agreement, DEVELOPER/BENEFiCIARY and any subcontractors shall report to the COUNTY any knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. During the term of this Agreement, DEVELOPER/BENEFICIARY must report to the COUNTY in writing, within one business day of occurrence, any substantial, controversial, or newsworthy incidents. The Collier County Incident Report Form (Exhibit E) shall be used to report all such incidents. 3.25 DUPLICATION OF EFFORT DEVELOPER/BENEFICIARY certifies that costs for work to be performed under this Agreement and any subcontract do not duplicate any costs charged against any other contract,subcontract, or other source, in accordance with 48 CFR 1331.205-70. SUBRECIPENT agrees to advise the COUNTY in writing of any other contract or subcontract it has performed or is performing which involves work directly related to the purpose of this Agreement, 3.26 MISCELLANEOUS DEVELOPER/BENEFICIARY and COUNTY each binds itself, its partners, successors, legal representatives,and assigns of'such other party in respect to all covenants of this Agreement. DEVELOPER/BENEFICIARY represents and warrants that the financial data, reports, and other information on the Project that it furnished to the COUNTY are accurate and complete, and financial disclosures fairly represent the financial position of the DEVELOPER/BENEFICIARY, DEVELOPER/BENEFICIARY certifies that it has the legal authority to receive.the Funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The DEVELOPER/BENEFICIARY also certifies that the undersigned person has the authority to legally execute and bind DEVELOPER/BENEFICIARY to the terms of this Agreement. • The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. RENAISSANCE HALL AT OLD COURSE,LLC ARP21-28 Page 27 Collier County Affordable Housing---Impact Fees i 6D • The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida,without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations,all applicable Federal,State,and Municipal laws,ordinances,regulations,orders, and guidelines, including but not limited to any applicable regulations issued by the U.S.Treasury. Electronic Signatures. This Agreement,documents ancillary to this Agreement,and other related documents entered into in connection with this Agreement are signed when a party's signature is delivered by facsimile,e-mail,or any other electronic medium.These signatures must be treated in all respects as having the same force and effect as original signatures, 3.27 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable, or invalid, such a • determination shall not affect the validity or enforceability of any other section or part thereof. • 3.28 WAIVER The COUNTY'S failure to act with respect to a breach by DEVELOPER/BENEFICIARY does not waive its right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Remainder of Page Intentionally Left Blank RENAISSANCE HALL AT OLD COURSE,LLC ARP21-28 Page 28 Collier County Affordable Housing—Impact Fees 16D 1 PART IV GENERAL PROVISIONS 4.1 U.S.Treasury,State and Local Fiscal Recovery Funds Rules and Guidance SLFRF Final Rule - https://home.treasury.gov/system/files/136/SLFRF-Final-Rule.pdf SLFRF Final Rule FAQs- https://home.treasury.gov/system/fi les/136/SLFRF-Filial-Rule-FAO,pdf Compliance and Reporting Guidance- htt ps://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf Affordable Housing How To Guide- https://home.treasury.gov/system/files/136/Affordable-Housing-How-To-Guide,pdf 4.2 As applicable, 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx7tpl=/ecfrbrowse/Title02/2cfr200 main_02.tpl 4.3 2 CFR 200.216 — Prohibition of certain telecommunications and video surveillance services or equipment. Recipients and Subrecipients/Sponsors/Developers are prohibited from obligating or expending loan or grant funds to: 1)procure or obtain; 2)extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services,or systems that use(s)covered telecommunications equipment or services as a substantial or essential component of any system or as a critical technology as part of any system. 4,4 The Fair Housing Act(42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act.https://www.hud.gov/sites/dociiments/DOC 7771.PDF https://www.justice.gov/crt/fair-housing-act-I Executive Order 11063 — Equal Opportunity in Housing https://www.archives.gov/federal- register/codification/executive-order/1 1063,html Executive Order 11259-Leadership& Coordination of Fair Housing in Federal Programs httpsa/www.archives.gov/federal-roister/codiftcation/executive-order/12259.htm l { 4.5 https://www.dol.gov/agencies/whd/laws-and-regulations/laws/dbra Public Law 100-430 = the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmed/12289709 4.6 Title VI of the Civil Rights Act of 1964 (42 USC § 2000(d) et seq., and U.S. Treasury's implementing regulation at 31 CFR Part 22), as amended, Title VIII of the Civil Rights Act of 1968,as amended https:%/www.hud.gov/programdescription/title6 4,7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted RENAISSANCE HALL AT OLD COURSE,LLC ARP2I-2a Page 29 Collier County Affordable Housing—Impact Fees 1 1 6 D 1 with federal funds and as supplemented in Department of Labor regulations, EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-1 I 246/as-amended EO 11375 and 12086: see item #8 below 4,8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The DEVELOPER/BENEFICIARY will, in all solicitations or advertisements for employees placed by or on behalf of the DEVELOPER/BENEFICIARY, state that it is an Equal Opportunity or Affirmative Action employer, https://www.hud.gov/prograindescription/title6 4.9 Age Discrimination Act of 1975, as amended, (42 USC § 6101 et. seq.) and U.S. Treasury implementing regulations at 31 CFR, Part 23,Executive Order 11063,and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.law.corne I Led a/uscode/text/42/c hap'er-76 11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478:https://www.archives.gov/federal-register/codification/executive-order/l I478.html 12107: https://www.archives.gov/Federal-register/codification/executive-order/12107.html 12086:https://www.archives.gov/federal-register/codification/executive-order/I2086.htmI 4.10 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5). Section 504: https:/fwww.epa.gov/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.html 4,11 The Americans with Disabilities Act of 1990: Public Law 101-336, 42 U.S.C. Section 12101 et seq. http://library,clerk.house.gov/reference-tiles/PPL 101 336 AmericansWithDisabilities.pdf https://www.law.cornell,edu/uscode/text/42/12101 4.12 The DEVELOPER/BENEFICIARY agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570,607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act(HCDA)are still applicable. 24 CFR 570.607: https://www.ecfr.gov/cgi-bin/text- idx?S I D=9eae3 f8eaa99 I f04 I I f383 b74003beb l&mc=true&node=pt24.3.570&rgn=d iv5#se24.3.5 70 1607 E.O. 13279: https://www.govinfo.gov/content/pkg/WCPD-2002-12-16/pdfiWCPD-2002-12-16- Pg2156.pdf 4.13 Immigration Reform and Control Act of 1986 https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html 4.14 Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), exempts non-profit charitable organizations from verifying the immigration status of an applicant for federal RENAISSANCE HALL AT OLD COURSE,LLC ARP21-28 Page 30 Collier County Affordable Housing—Impact Fees • 16D 1 benefits at 8 U.S.C. § 1642(d).This includes all federal benefits, including any provided CDBG or other CPD programs. https://www.law,cornell,edu/uscode/text/8/1642 4.15 Florida Statutes section 448.095 Employment Eligibility.Per Florida Statute 448.095(3),all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1,2021. http://www.leg.state.fl.us/statutes/index.cfin?App mode=Display Statute&URL=0400- 0499/0448/0448.html For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the DEVELOPER/BENEFICIARY shall participate in, and use, E-Verify (www.e- verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient/sponsor/developer) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a"Tentative Non-confirmation"or a"Final Non-confirmation")to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the &Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verifyadhs.gov. E- Verify employer agents can email E-Verify at E-VerifyEmployerAgent cr,dhs.gov. 4.16 The DEVELOPER/BENEFICIARY agrees to comply with all applicable environmental standards and agrees to report each violation for the following: a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE- 2010-title42/htm I/USCODE-2010-title42-chap85.htm https://www.law.comell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo,gov/content/pkJ/USCODE-201 l-title33/pdf/USCODE-20I 1-title33- chap26.pdf https://www.law,cornell.edu/uscode/text/33/chapter-26 4.17 The DEVELOPER/BENEFICIARY must certify that it will provide drug-free workplaces, in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701) and U.S. Treasury implementing regulations at 31 CFR Part 20. https://www.gpo.gov/fdsys/granule/USCODE-2009-title4l/USCODE-2009-title4 I-chap 10- sec701 4.18 The DEVELOPER/BENEFICIARY certifies that neither it,nor its principals,is presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by • any Federal Department or agency; and, that the DEVELOPER/BENEFICIARY shall not knowingly enter into any lower tier contract, or other covered transaction,with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 2 CFR 200.213. These regulations restrict awards, subawards RENAISSANCE HALL AT OLD COURSE,LLC ARP21-28 Page 31 Collier County Affordable Housing—Impact Fees 16D 1 and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible to[participate in Federal assistance programs and activities. Pursuant to 2 CFR Part 25, Appendix A, Universal Identifier and System for Award Management (SAM), a contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM Exclusions can be accessed at www.sam,gov, 2 CFR 200,213 Suspension and debarment https://www.ecfr,gov/cgi- bin/retrieveECFR?g0=&SID=c3a97c97ac42f9c05af52a7ea2f3d005&mc=true&n=pt2,1.200&r-P ART&ty=H TM L#s e2.1.200 1213 https://www.archives.gov/federal-register/codification/executive-order/I2549.htmI 4,19 The DEVELOPER/BENEFICIARY agrees to comply with the OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein,utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200,et seq. 4.20 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine(9)months after the end of the DEVELOPER/BENEFICIARY's fiscal year.The DEVELOPER/BENEFICIARY shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. DEVELOPER/BENEFICIARY exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (1 80) days after the end of the DEVELOPER/BENEFICIARY'S fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit report,the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. https://www.ecfr.gov/cgi-bin/text- idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node—se2.1.200 1344&rgn=div8 4.21 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress,in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement,and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Pursuant to 31 CFR Part 21, if any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Farm-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards RENAISSANCE HALL AT OLD COURSE,LLC ARP21-2a Page 32 Collier County Affordable Housing—Impact Fees • 16D 1 at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements)and that all sub-awardees shall certify and disclose accordingly. 4.22 Byrd Anti-Lobbying Amendment(31 U.S.C.§ 1352):The DEVELOPER/BENEFICIARY will not { use and has not used federal appropriated funds to pay at any tier,either directly or indirectly,any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress, an officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The DEVELOPER/BENEFICIARY shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352)and (ii)ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state,or federal legislatures. https://www.law.cornel l.ed a/uscode/text/31/13 52 4.23 Any rule or regulation determined to be applicable by the U.S. Treasury. 4.24 Limited English Proficiency: The DEVELOPER/BENEFICIARY agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.lep.gov. 4.25 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The DEVELOPER/ BENEFICIARY agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details. 4.26 False Claim; Criminal, or Civil Violation: DEVELOPER/BENEFICIARY must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor,or other person has either(i)submitted a false claim for grant funds under the False Claims Act or(ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity,or similar misconduct involving subaward agreement funds, . fi 4.27 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. RENAISSANCE HALL AT OLD COURSE,LLC ARP21-28 Page 33 Collier County Affordable Housing—Impact Fees 16D 1 4.28 Reducing Text Messaging While Driving: Pursuant to Executive Order 13513, 74 FR 511225 (October 6, 2009), DEVELOPER/BENEFiCIARY shall encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and DEVELOPER/BENEFICiARY shall establish workplace safety policies to decrease accidents caused'by distracted drivers. 4.29 Trafficking in Persons: The DEVELOPER/BENEFICIARY agrees to, at any tier,comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the DEVELOPER/BENEFICIARY and any employees of the DEVELOPER/BENEFICIARY. The details of the DEVELOPER/BENEFICIARY'S obligations related to prohibited conduct related to the trafficking of persons are posted at: https://oip.gov/funding/Explore/ProhibitedConduct-Trafficki ng.htm. eCFR:: Appendix A to Part 175,Title 2--Award Term Pursuant to Florida Statues 787.06, DEVELOPER/BENEFICIARY attests that it does not use coercion for labor or services. DEVELOPER/BENEFICIARY shall provide an affidavit, under penalty of perjury, signed by an officer or representative of the organization attesting that it does not use coercion for labor services. http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0787/Sections/0787.06.html 4.30 Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FL 19217 (April 18, 1997), DEVELOPER/BENEFICIARY should encourage its contractors to adopt and enforce on-the-job seal belt policies and programs for their employees when operating company- owned, rented,or personally owned vehicles. 4.31 Association of Community Organizations for Reform Now (ACORN): The DEVELOPER/BENEFICIARY understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.32 If the DEVELOPER/BENEFICIARY wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, the DEVELOPER/BENEFICIARY must comply with the requirements of 37 CFR Part 401, "Rights of Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts,and Cooperative Agreements,"and any implementing regulations issued by the U.S.Treasury. https://www.ecfr.gov/cgibin/retrieveECFR?gp=&SID=a004b6bf20934ace7a7 17de76I dc64c0&m c=true&n=pt37.1.401&r=PART&ty HTML RENAISSANCE HALL AT OLD COURSE,LLC ARP21-28 Pape 34 Collier County Affordable Housing—Impact Fees 1 6 D 4.33 2 CFR 200.15 Never contract with the enemy. Federal agencies, . recipients, and subrecipients/sponsors/developers are subject to the guidance implementing Never Contract with the Enemy in 2 CFR part 183. Intps://www.ecfr.gov/cur ent/title-2/subtitle-A/chapter-II/part-200/subpart-C/section-200.215 https://www.ecfr.gav/current/t it I e-2/subtitle-A/chapter-I/part-183 4.34 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier County Ethics Ordinance No.2004-05, as amended,and County Administrative Procedure 53 11. Florida Statutes- https://www.lawserver.com/law/state/floridalstatutes/florida statutes chapter 112 part iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 4.35 Order of Precedence-In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.36 Venue-Any suit of action brought by either party to this Agreement against the other party,relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. 4.37 Dispute Resolution- Prior to the initiation of any action or proceeding permitted by this Agreement to•resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of DEVELOPER/BENEFICIARY with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may'obtain a court order requiring mediation under § 44.102, Florida Statutes.The litigation arising out of this Agreement shall he adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE DEVELOPER/BENEFICIARY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT. https://www.flsenate,gov/Laws/Statutes/2012/44.102 RENAISSANCE HALL AT OLD COURSE,LLC Page 35 A E21'21-28 Collier County Affordable Housing—linpact Fees 16D 1 • 4.38 As provided in§287.133,Florida Statutes,by entering into this Agreement or performing any work in furtherance hereof, the DEVELOPER/BENEFICIARY certifies that it, its affiliates, suppliers, subcontractors,and consultants who will perform hereunder,have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by §287.133(3)(a), Florida Statutes, http://www.leg.state.fl,us/Statutes/index.cfm?App_mode=Display Statute&Search String=&UR L=0200-0299/0287/Sections/0287.133.html 4.39 Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- • 0199/0119/Sections/0119.021.html 4,4(1 Florida Statutes 119.061 Travel, using approved state travel voucher http://www.leg.state.fl.us/statutes/index.cfm?App mode—Display Statute&URL=0100- 0 199/0112/Sections/01 12.061.htm l 4.41 Florida Statutes, 1 19.071,Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0I00- 0199/0119/Sect i ons/01 19.071.htm 1 Remainder of Page Intentionally Left Blank RENAISSANCE HALL AT OLD COURSE,LLC ARP2l-28 Page 36 Collier County Affordable Housing—Impact Fees • 16D 1 PART V SLFRF AFFORDABLE HOUSING REQUIREMENTS 5,1. SLFRF Presumptive Eligibility Requirements and Uses— SLFRF permits funds to be used to combat negative economic impacts (PH-NEI) of the public health emergency.The U.S.Treasury has clarified that there are two presumptively eligible uses to fund affordable housing investments under the Final Rule. Presumption 2 applies to this project. The DEVELOPER/BENEFICIARY is required to conform to the following requirements and regulations as stated below: PRESUMPTION I — The U.S, Treasury will presume that any project that is eligible to be funded under any of the following federal housing programs is an eligible use of SLFRF funds as a response to the negative economic impacts of the public health emergency: • The Housing Trust Fund(HTF,administered by HUD) • The HOME Investment Partnership Program(HOME,administered by HUD) • The Low-Income Housing Credit, (administered by U.S.Treasury) • `i'he Public Housing Capital Fund • Section 202 Supportive Housing for the Elderly Program and Section 811 • Supportive Housing for Persons with Disabilities Program(administered by HUD) • Multifamily Preservation& Revitalization program(administered by USDA) • Project-Based Vouchers(PBVs,administered by HUD) • Choice Neighborhoods (administered by HUD) - The COUNTY may use this presumption only if the funds are used for the development of affordable housing as defined for the purposes of the Choice Neighborhoods program. • Section 514/516 Farm Labor Housing Direct Loans and Grants (administered by USDA) • Section 538 Multifamily Housing Loan Guarantees(administered by USDA) This agreement requires the covered project or units to adhere to all applicable local codes, and comply, at a minimum, with the applicable federal housing program's requirements related to the following(to the extent the applicable federal housing program has such requirements): • Resident income restrictions; • The affordability period and related covenant requirements for assisted units; • Tenant protections;and • Housing quality standards. PRESUMPTION 2— An investment in the development,repair,or operation of any affordable housing unit is an eligible use of SLFRF funds to respond to the negative economic impacts of the public health emergency if the unit has a limited maximum income of 120 percent area median income(AMI), as imposed through a covenant, 99-year lease agreement. This presumption is available even if the project does not align with the federal housing programs specified in Presumption 1, Under Presumption 2, SLFRF funds may be used as part of the financing for a mixed-income housing project if the total financing made up of SLFRF funds does not exceed the total development costs attributable to affordable housing units limited to household at or below 120% RENAISSANCE HALL AT OLD COURSE,LLC ARP21-28 Page 17 Collier County Affordable Housing—Impact Fees 16D 1 • • AMI for the affordability period. For example, if 25 percent of a project's units are reserved for families at or below 120 percent AMI for the affordability period, and 20 percent of the total development costs of the project are attributable to such reserved units,then SLFRF funds may be used to pay for up to 20 percent of total development costs. The income limit and 20-year affordability covenant does not need to apply to specific units, but rather it May specify a number of units within the development, in which case the covenant should also specify the bedroom size mix. The DEVELOPER/BENEFICIARY may use SLFRF funds to meet the following additional eligible use for this project,beyond those eligible under the presumptions described above if they are related and are reasonably proportional to addressing the negative economic impacts of the public health emergency and otherwise meet the final rule's requirements, Depending on the needs of the local rental market, it may be reasonably proportional to address the negative economic impacts of the public health emergency by funding certain units(even above 120 percent AMI)that do not fall into the presumptively eligible categories listed above. 5,2 SLFRF Project Eligibility Requirements for DEVELOPER/BENEFICIARY For this Agreement to conform to SLFRF presumptive eligibility requirements of PRESUMPTION 2 and meet COUNTY expectations regarding tenant protection,termination of tenancy and housing quality standards,the following requirements apply: • DEVELOPER/BENEFICiARY shall develop a total minimum of 252 affordable units to include 22 units set aside at 50 percent AMI, 28 units sets aside at 80 percent AM1, and • 202 units set aside at 120 percent AMI, as described further in Section 5.3 and in accordance with Exhibit B of the Collier County Ground Lease Phase i; and, (a) pursuant to the use of SLFRF funds: 1)The PRESUMPTION 1 eligible use category applies if the units funded serve households at or below 65 percent of AMI for a period of 20 years or greater; and/or,2) Affordable housing investments may be eligible uses of SLFRF funds if they are related and are reasonably proportional to addressing the negative:economic impacts of the public health emergency by funding units(e.g., up to 120 percent AMI, or even above 120 percent AMI) that do not fall into the presumptively eligible category. Affordability Period and related covenants - The Affordability Period for this Agreement is at least 20 years from the date of issuance of the Final Certificate of Occupancy(CO),as recorded in the Collier County Standard For Long-Term Ground Lease (Phase I) entered into on March 26, 2024. The Affordability Period shall run concurrently with the Lease, as well as terminate in accordance with the terms of said Lease. (b) Tenant Protections The DEVELOPER/BENEFICIARY will provide a written tenant lease for an initial period of not less than 12 months. Such lease may not include the following prohibited lease terms: RENAISSANCE HALL AT OLD COURSE,LLC ARP21-28 Page 38 Collier County Affordable Housing—Impact Fees • 16D 1 i. Memorandum of Understanding by the tenant to be sued,to admit guilt,or to a judgment in favor of the DEVELOPER/BENEFICIARY; 2. Memorandum of Understanding by the tenant that the DEVELOPER/BENEFICIARY may take, hold, or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to a Memorandum of Understanding by the tenant concerning disposition of personal property remaining in the housing unit after the tenant has moved out of the unit. The DEVELOPER/BENEFICIARY may dispose of this personal property in accordance with State law; in a lawsuit brought in connection with the lease; 3. Memorandum of Understanding by the tenant not to hold the DEVELOPER/BENEFICIARY or the DEVELOPER/BENEFICIARY's agents legally responsible for any action or failure to act, whether intentional or negligent; 4. Memorandum of Understanding of the tenant that the DEVELOPER/BENEFICIARY may institute a lawsuit without notice to the tenant; 5. Memorandum of Understanding by the tenant that the DEVELOPER/BENEFICIARY may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense,or before a court decision on the rights of the parties; 6. Memorandum of Understanding by the tenant to waive any right to a trial by jury; 7. Memorandum of Understanding by the tenant to waive the tenant's right to appeal,or to otherwise challenge in court,a court decision in connection with the lease; 8. Memorandum of Understanding by the tenant to pay attorney's fees or other legal costs even if the tenant wins in a court proceeding by the DEVELOPER/BENEFICIARY against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses; and 9. Memorandum of Understanding by the tenant (other than a tenant in transitional housing)to accept supportive services that are offered. (c) Termination of tenancy — DEVELOPER/BENEFICIARY may not terminate the tenancy or refuse to renew the lease of a tenant of rental housing assisted under this Memorandum of Understanding, except for serious or repeated violation of the terms and conditions of the lease; for violation of applicable Federal, State,or local law; or for•other good cause. Good cause does not include an increase in the tenant's income. To terminate or refuse to renew tenancy,the DEVELOPER must serve written notice upon the tenant specifying the grounds for the action at least 30 days before the • termination of tenancy,except where tenants agree to waive the move-out notice. 1 RENAISSANCE HALL AT OLD COURSE,LLC ARP2I-28 Page 39 Collier County Affordable Housing—Impact Fees • • 16D 1 (d) Housing quality standards — The DEVELOPER/BENEFICIARY must construct the property so that it meets state and local codes,ordinances,and zoning requirements at the time of project completion. Additionally, the housing must meet the accessibility requirements of 24 CFR part 8, which implements.Section 504 of the Rehabilitation Act of 1973 (29 USC 794),and Titles II and IIi of the Americans with Disabilities Act (42 USC 12131-1 2189), implemented at 28 CFR parts 35 and 36. Ongoing property standards - The DEVELOPER/BENEFICIARY must maintain the property as decent, safe, and sanitary housing in good repair throughout the affordability period,according to the HUD National Standards for Physical Inspection of Real Estate (NSPIRE) administrative procedures. The COUNTY may inspect, or may cause the property to be inspected, every three (3) years, provided that the NSPIRE property score is greater than or equal to 80 points,at the previous inspection. Inspections resulting in a score greater than or equal to 60 points and less than 80 points will be inspected every two(2)years. If the inspection score is less than 60 points,the property will be inspected every year. The frequency of inspections will be reassessed after each inspection. 5.3 Additional Requirements Number of Units and Distribution by Type- Development of up to 252 affordable housing units set aside for essential services personnel (workforce housing) shall include the following distribution by type. Units greater than 65 percent AM1 may be eligible uses of SLFRF funds as long as they are related and are reasonably proportional to addressing the negative economic impacts of the public health emergency. See Exhibit C; • 22 units set aside at 50 percent AM1 • o Nine(9)One-bedroom • o Eight(8)Two-bedroom • o Five(5)Three-bedroom • 28 units sets aside at 80 percent AMI o Eleven(1 I)One-bedroom o Twelve(I2)Two-bedroom o Five(5)Three-bedroom • 202 units set aside at 120 percent AMI o Sixty-four(64)One-bedroom o One Hundred (100)Two-bedroom o Thirty-Eight (38)Three-bedroom Affordability Period-As a new construction rental project,the Affordability Period during which the DEVELOPER/BENEFICIARY must maintain compliance with ail applicable SLFRF regulations is for a period of at least twenty (20) years. The Affordability Period shall run concurrently with the Lease, as well as terminate in accordance with the terms of said Lease, but will not commence until construction is complete, all funds have been disbursed, and a Certificate of Occupancy is issued for all funded units.The DEVELOPER/BENEFICIARY will comply with the 99-year Collier County Standard Form Long-Term Ground Lease (Phase I) entered into on March 26, 2024 (hereinafter, "the Lease"), which provides a means of enforcement of the RENAISSANCE HALL AT OLD COURSE,LLC l ARP21.28 Page 40 Collier County Affordable Housing—Impact Fces I6D 1 affordability provisions of this Agreement. The Lease will be enforceable against all successors in interest. Failure of the project to meet all applicable ARP requirements for the entire minimum Affordability Period of 20 years may result in a requirement that all SLFRF funds be repaid by the DEVELOPER/BENEFICIARY to the COUNTY. (Signature Page to Follow) • • I RENAISSANCE HALL AT OLD COURSE,LLC ARI'2I-28 Paged I Collier County Affordable Housing—Impact Fees 16D 1 IN WITNESS WHEREOF, the DEVELOPER/BENEFICIARY and COUNTY, have each respectively,by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: AS TO COUNTY: CRYSTAL K,a[ I,1, EL,CLERK . s / BOARD OF COUNTY COMMISSIONERS ' ? 1 COLLIER COUNTY, FLORIDA ,t �I ►.. I By: i 'IJ,t,k L. SAU S,CHAIRPERSON Dated .40PAI'O+ or ,i , EAt,) Date: `O(Zg I Z5 l t46 Chairman's AS TO DEVELOPER/BENEFICIARY: • NES RENAISSANCE HALL AT OLD COURSE, LLC W`itt �s" �" ignatul N,•$ citt.Li.) 13 By: TEVE IRK, PRESIDENT Witness #1 Printed Name 13�+ S t I '1 /g,,r Iii,v3his Ft. Date: / / /25" Witness ill Physical Address 31013 4 [Please provide evidence of signing authority] Witness #2 Signature L&sëcc9 Witness #2 Printed Name S,SgS Sw tI. ( --Iii.er /litc40.rot i 1:-1ag19(0 Witness#2 Physical Address Approved as s II .niland legality: e:-)..\ Sally Ashk, Assista it County ttorne, Date: \ V A • RENAISSANCE HALL AT OLD COURSE,LLC ARP2I-2S Page42 Collier Counly Affordable Housing—Impact Fees 16D 1 PART VI EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS DEVELOPER/BENEFICIARY shall furnish to Collier County Board of County Commissioners, c/o Community and Human Services Division, 3339 Tamiami Trail East, Suite 213, Naples, Florida 34112, Certificate(s)of insurance evidencing insurance coverage that meets the requirements outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2, Commercial General Liability, including products and completed operations insurance, in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County Board of County Commissioners must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement, in an amount not less than$1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in I —3 above,a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of DEVELOPER/BENEFICIARY or the licensed design professional employed by DEVELOPER/BENEFICIARY, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which DEVELOPER/BENEFICIARY and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by DEVELOPER/BENEFICIARY or any person employed by DEVELOPER/BENEFICIARY in connection with this Agreement. This insurance shall be maintained for a period of two(2)years after the certificate of Occupancy is issued. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 —4 above, DEVELOPER/BENEFICIARY shall provide,or cause its Subcontractors to provide,original certificates indicating the following types of insurance coverage prior kk to any construction: S. Completed Value Builder's Risk insurance on an "All Risk" basis, in an amount not less than 100 percent of the insurable value of the building(s)or structure(s).The policy shall be in the name of Collier County Board of County Commissioners and DEVELOPER/BENEFICIARY. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S,C.4001), DEVELOPER/BENEFICIARY shall ensure that, for activities located in an area identified by the RENAISSANCE HALL AT OLD COURSE,LLC ARP21-28 Page 43 Collier County Affordable Housing—Impact Fees 16D 1 Federal Emergency Management Agency(FEMA)as having special flood hazards;flood insurance under the National Flood Insurance Program is obtained and maintained,as a condition of financial assistance for acquisition or construction purposes(including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County Board of County Commissioners must be shown as an additional insured with respect to this coverage, 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an"Ail Risk" basis, in an amount not less than 100 percent of the replacement cost of the property. Collier County Board of County Commissioners must be shown as a Loss payee,with respect to this coverage A.T.I.M.A. I i. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement value of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program(NFIP).The policy must show Collier County Board of County Commissioners as a Loss Payee A,T.I.M.A. RENAISSANCE HALL AT OLD COURSE,LLC ARI'21-28 Page 44 Collier County Affordable Housing—Impact Fees 1 6 D 1 EXHIBIT B COLLIER COUNTY COMMUNITY& HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT Developer/Beneficiary Name: Renaissance Hall at Old Course, LLC Developer/Beneficiary Address: 9308 SW 380th Street, Florida City, FL 33034 c/o P.O. Box 343529,Florida City, FL 33034 Project Name: Collier County Affordable Housing Project No: ARP21-28 Payment Request# Total Payment Minus Retainage: Period of Availability: December 29,2022, through September 30,2026. Period for which the Agency has incurred the indebtedness through • SECTION II: STATUS OF FUNDS DEVELOPER/BENEFICIARY CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request(Net of $ $ Retainage, if applicable) 4. Current Grant Balance(Initial Grant $ $ Amount Award request)(includes Retai nage) By signing this report,I certify to the best of my knowledge and belief that this request for payment is true,complete and accurate,and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the term and conditions of the Federal award. I am aware that any false, fictitious,or fraudulent information,or the omission of any material fact,may subject me to criminal,civil,or administrative penalties for fraud,false statements, false claims or otherwise(U.S.Code Title 18,Section 1001 and Title 3 Sections 3729-3730 and 3801-3812;and/or Title VI,Chapter 68,Sections 68.081-083,and Title XLVI Chapter 837,Section 837-06)or FL Statues,Title XLVI, 817.155. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor(Approval required$14,99.9 and above) Division Director(Approval Required$15,000 and above) RENAISSANCE HALL AT OLD COURSE,LLC ARP2 t-28 Page 45 Collier County Altordable Housing—Impact Fees • 16D 1 EXHIBIT C AMERICAN RESCUE PLAN(ARP) QUARTERLY PROGRESS REPORT Report Period: Fiscal Year: Agreement Number: ARP21-28 Developer/Beneficiary Name: Renaissance Hall at Old Course, LLC Collier County Affordable Housing—Pre development and Project: Development Contact Name: Contact Telephone Number: Activity Reporting Period Report Due Date October 1"—December 3 s' January 106 January 1"—March 3 I" April 10th April ls'—June 30"' _ July 10th July I"—September 30'1' October 10'h Characteristics Report 1. Project Expenditures: EC2.15 Long-term Housing Security: Affordable Housing*" (SLFRF Compliance and Reporting Guidance 12.14.23,v. 5.4.,Capital Expenditures,p. 30 and 50.) Funds Expended Funds Expended Current Quarter YTD EC2.15 *Identify the amount of the total funds that are • allocated to evidence-based interventions, or enter "zero" if not applicable _ EC2.15 Enter total expected capital expenditure,include pre- development costs. Total Project Expenditures 2, Key Performance Indicators: Project Outputs Component 1: Number of affordable housing units preserved or developed. Enter total: Number of households receiving eviction prevention services (including legal representation). Enter total: Zero("0") RENAISSANCE HALL AT OLD COURSE,LLC ARP2l-28 Pnge 46 Collier County Affordable Housing—Impact Fees 16D 1 • Project Outcomes Percentage increase i❑ number of affordable housing units preserved or developed, Enter percentage increase: Percentage of units developed benefitting those 65% AMI and 80`%, AMI. Enter percentage of units: % l 3, Project Progress: Describe your progress and any impediments experienced during the reporting period, Provide a narrative to describe how this project including housing addresses the negative economic impact experienced by the residents. Include how this project is reasonably proportional to the negative economic impact of the public health emergency.(Narrative must be included in the FINAL REPORT 12.31.26.) • • Demographic Distribution: What Impacted and/or Disproportionally Impacted population does this project primarily serve? Please select the population primarily served. • Impacted (Low-or moderate-income households or populations; populations that experienced unemployment; households that experienced housing insecurity; other households or populations that experienced a negative economic impact of the public health emergency [specify]) . i • Disproportionately Impacted: (Low-income households and populations, households and populations residing in Qualified Census Tracts, households that qualify for certain federal programs) • Does the project primarily serve disproportionately impacted communities? If this project primarily serves more than one Impacted and/or Disproportionately Impacted population,please select up to two additional populations served. RENAISSANCE HALL.AT Ot.n CouRsr,tA,c. ARP21-28 Page 47 Collier County Affordable Housing—Impact Fees 16D 1 Briefly describe all of the following: 1) The needs of the local rental market for any unit rented greater than 65%AMI that does not fall into presumptively eligible categories: 2) The reason the unit(s) that rented up to 80% AMI or up to 120% AMI is reasonably proportional to address the negative economic impacts of the public health emergency; 3) In this quarter, enter how many units, funded by distribution and type (one bedroom), (two bedrooms), and (three bedrooms) do not fall into presumptively eligible categories, 4) In this quarter, please enter the total number of households by AM1 to address the number of • disproportionately.impacted households served by this project: Number of households AMI per household:_50%AMI • Number of households AMI per household: _65%AMI Number of households AMI per household: _80%AM1 Number of households AMI per household:_120% Number of households AMI per household:_>120%AMI By signing this report, I certify to the best of my knowledge and belief that the information contained in this report is true, complete and accurate. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact,may subject me to criminal,civil,or administrative penalties for fraud, false statements, false claims or otherwise(U.S. Code Title 18, Section 1001 and Title 31,Sections 3729- 3730 and 3801-3812). Signature: Date: Printed Name: Title: NOTE: This form subject to modification based on U.S.Treasury guidance. Your typed name here represents your electronic signature. RENAISSANCE HALL AT OLD COURSE,LLC ARP2I-28 Page 48 Collier County Affordable Housing—Impact Fees • 16D 1 EXHIBIT D ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients/developers of federal awards to determine if subrecipients/developers are compliant with established audit requirements (Subpart F), Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of Federal award amounts expended shall be in accordance with the guidelines established by 2 CFR Part 200, +, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215,97) requirements. Developer/BenefIciary Name First Date of Fiscal Year (MMIDD/YY) Last Date of Fiscal Year (MMIDD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during most recently completed Fiscal Year during most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above n has been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ ❑ Did not exceed the expenditure threshold for the fiscal year indicated above El Are a for-profit organization El Are exempt for other reasons— explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C, Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. 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, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 illl RENAISSANCE HALL AT OLD COURSE,LLC ARI'2 t.28 Page 49 Collier County Affordable Housing—Impact Fees 1 6 D 1 • Collier County Community & Human Services Division EXHIBIT E INCIDENT REPORT FORM Organization Name: • Organization Address: Project No: Grant Coordinator: Date of Incident Time of Incident: Report Submitted By: • (Name&Phone) Description of Incident:. Location/Address of Incident: Was Police Report Filed? ❑ Yes ❑ No If Yes, Police Report Number: Jurisdiction: Were there any warning signs that this type of Incident could occur? ❑ Yes ❑ No if Yes, Explain: What actions will be taken to prevent a recurrence of a similar incident? I certify under penalty of perjury under F.S. 837.06 that the contents of this form are true and correct. Signature of Person Making Report Date Printed Name Title Return completed form to: Kristi Sonntag,Director,CMS • Collier County Community and Human Services Division 3339 Taminmi Trail East,Bldg. 11,Suite 213 Naples,FL 34112 Fax:(239)252-2638 1 6 D 1 EXHIBIT F COLLIER COUNTY COMMUNITY& HUMAN SERVICES WHISTLEBLOWER PROTECTIONS CERTIFICATION DEVELOPER/BENEFICIARY Name: DEVELOPER/BENEFICIARY Address: Employee Name: Project Name: Project No: • In accordance with 2 CFR 200.217 and 41 U.S.C. § 4712, DEVELOPER/BENEFICIARY may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grants, a substantial and specific danger to public health or safety, or a violation of law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. The list of persons and entities referenced in the paragraph above includes the following: • A member of Congress or a representative of a committee of Congress • An Inspector General • The Government Accountability Office • A Treasury employee responsible for contract or grant oversight or management • An authorized official of the Department of Justice or other law enforcement agency • A court or grand jury • A management official or other employee of DEVELOPER/BENEFICIARY, contractor, or subcontractor who has the responsibility to investigate, discover,or address misconduct DEVELOPER/BENEFICIARY shall inform its employees in writing of whistleblower rights and remedies provided under section 41 U.S.C. §4712, in the predominant native language of the workforce. By signing this form,I certify that I have reviewed and understand my Whistleblower rights and protections as provided above. Name: Signature: Date: Title: Your typed name here represents your electronic signature