Backup Documents 12/09/2025 Item #16D 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 12.09.2025 BL'CO1
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. Lisa N. Can Community and Human LC 4/3/26
Services
2. County Attorney Office—Jeffrey A. County Attorney Officei)3F , +�/ig(,� w
Klatzkow l. (�-C
3. BCC Office Board of County
Commissioners (3Sl� / ( `f f Z,4
4. Minutes and Records Clerk of Court's Office 941
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 Lisa N. Can Phone Number 239-252-2339
Contact/ Department
Agenda Date Item was Agenda Item Number 16.D
Approved by the BCC ) g#vL/ 4 61f 1G?
Type of Document AMENDMENT #1 TO SHRD-22-001 Number of Original Two(2)
Attached RENAISSANCE HALL AGREEMENT Documents Attached
PO number or account 1053.138791.649030.33907.1
number if document is
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 STAMP OK LC
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes
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 N/A
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 N/A
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 YES
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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 12/9/2025 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.
Note:(1) Record the Restated Mortgage and Amended and Restated Restrictive Covenants
(2) Return a copy of the recorded documents and executed First Amendment to Lisa Carr.
161
Grant - SHIP FY 2022-2023, FY 2023-2024 ,
2024-2025.
Agreement#: SHRD-22-01
Activity:: Rental Development
SPONSOR: RENAISSANCE HALL AT OLD_,_..
COURSE, LLC
CSFA #: 40.901
Total Award Amount: $1; 1;-04.0 f0 S2>521,747.80
FY 22-23 51,845,020.00
FY 23-24 $238,199.40
FY 24-25 $538,528.40
UE1 #:RJCPEE9M8N34
FEIN: 65-1238417
Period of Performance: July 1, 2023 through June
30, 2025 2027
FISCAL YEAR: 12/3442423 Qeeember 31st
MONITORING END: 03/20557
FIRST AMENDMENT BETWEEN COLLIER COUNTY
AND
RENAISSANCE HALL AT OLD COURSE, LLC
Rental Development Program
THIS AMENDMENT is made and entered into this (rill day of -C V iL",2025, by
and between Collier County, a political subdivision of the State of Florida, ("COUNTY") having its
principal address as 3339 E. Tamiami Trail, Suite 213, Naples FL 34112, and RENAISSANCE HALL
AT OLD COURSE, LLC ("SPONSOR") a non-profit corporation existing under the laws of the State
of Florida, having its principal office 19308 SW 380th Street,Florida City,FL 33034.
WHEREAS,the William E. Sadowski Affordable Housing Act,adopted by the State of Florida
in 1992 provided a dedicated revenue source for affordable housing in Florida and created the State
Housing Initiatives Partnership(SHIP) Program; and
WHEREAS,the State Housing Initiatives Partnership Program is established in accordance with
sections 420.907-.9079, Florida Statutes and Chapter 67-37, Florida Administrative Code; and
WHEREAS,the COUNTY is a participant in the State Housing Initiatives Partnership Program;
and
WHEREAS, the Fiscal Year 2022-2025 Local Housing Assistance Plan (LHAP), as amended,
was adopted by the Board of County Commissioners on April 26, 2022, Item #16.D.3 Resolution No.
2022-68A, and amended by technical revision submitted November 10, 2022, amended by technical
revision on July 23, 2024, Item #16D3 and amended by technical on revision January 28, 2025, Item
#16D2.
WHEREAS,the COUNTY and SPONSOR desire to provide rental development, in accordance
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with this Agreement and the aforementioned Local Housing Assistance Plan; and
WHEREAS,on April 25,2023, Agenda Item#11.D,the County entered into an Agreement with
Renaissance Hall at Old Course, LLC to administer the State Housing Initiatives Partnership (SHIP)
Rental Development program, in accordance with the aforementioned Local Housing Assistance Plan;
and
WHEREAS, the COUNTY desires to engage SPONSOR to implement such undertakings, as
specified in Exhibit B, and determines that they are valid and worthwhile for County purposes; and
WHEREAS, the Parties wish to amend the Scope of Work to add a second project component,
extend the Performance Period, increase the total funding amount, align the language with the LHAP
2022-2025 and revise the Exhibit E Annual Audit Monitoring Report to reflect State of Florida audit
requirements.
NOW,THEREFORE, in consideration of the mutual promises and covenants herein contained,
it is agreed by the Parties as follows:
Words SIT- el¢—T ipa h are deleted; Words Underlined are added
PART I
SCOPE OF WORK
SPONSOR shall, in a satisfactory and proper manner and consistent with any standards required as a
condition of providing SHIP funds, as determined by Collier County Community and Human Services
(CHS), perform the tasks necessary to conduct the program as follows:
Project Name: Rental Development - Golden Gate Housing/Renaissance Hall at Old Course
Description of project and outcome: SHIP Rental Development funds are to be used for all
related costs, including but not limited to construction, impact fees, land acquisition, land
improvement, infrastructure, and all development costs, associated fees, permits, and
construction (labor and materials) for new residential rental units.
Project Component One: New Construction of residential rental units, land acquisition,
land improvement, infrastructure and all development costs, associated fees, permits
Project Component Two: Collier County Impact Fees
****
1.2 SCOPE OF SERVICE
SPONSOR shall, in a satisfactory and proper manner as determined by the COUNTY, perform
the necessary tasks to administer and implement the described services herein incorporated by
reference as Exhibit B (Rental Development Project Requirements),in accordance with the terms
and conditions of Requests for Applications, Rental Development, State Housing Initiatives
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Partnership Funding Cycle Fiscal Years 2022-2023, 2023-2024 and 2024-2025, and
SPONSOR's Application dated February 11, 2022.
1.4 PROJECT DETAILS
A. Project Description/Budget
Description State Amount
Project Component 1: New Construction of residential rental $1,500,000.00
units, including all permits, fees, architectural,pre-development,
infrastructure, land improvements_and construction costs through
a reimbursement process.
S1,121,747.80
Project Component 2: Collier County Impact Fee costs. This
payment amount will be paid on behalf of the Sponsor through an
Inter-Governmental Charge (IGC)process.
Total State Funds i$1,500,000.00
1 $2.621,747.80
C. Performance Deliverables
Program Deliverable Supporting Documentation Submission Schedule
Special Grant Policies (Section Policies as stated in this Within 60 days of Agreement
1.3 B) Agreement execution
Insurance Proof of coverage in At time of contract execution
(Flood, Property, O&D) accordance with Exhibit A and annually within 30 days
after renewal
Detailed Project Schedule Project Schedule Within 60 days of Agreement
execution
Project Plans and Specifications Plans and Specifications Within 60 days following
completion by
architect/engineer
Progress Report Progress report, detailing 30 days after the end of the
accomplishments Exhibit D calendar quarter until Month
June 30, 2025, and annually
thereafter until 205457
Annual Audit Monitoring Report Exhibit E Annually,within 60 days after
FY end
SPONSOR Audit Audit report, Management Within 9 months for Single
Letter,and Supporting Audit(otherwise 180 days)
Documentation after the end of SPONSOR's
fiscal year, through 205657
Continued Use Certification N/A N/A
Tenant Lease Agreement Lease Prior to first tenant signature
and any addendums or
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Program Deliverable Supporting Documentation Submission Schedule
changes thereafter through the
affordability period.
Operating Expense Report Actual vs. Budget,revenue and 30 days after the end of
expense report and all SPONSOR's fiscal year
supporting documentation, as through 2057
requested
Operating Expense Budget Detailed Operating budget for Initial report due after lease-
Report the next fiscal year up and annually thereafter,
prior to start of SPONSOR's
fiscal year, until 205657
Capital Needs Assessment Plan Plan approved by the Initial Plan due after lease-up
COUNTY and annually thereafter,prior
to start of SPONSOR fiscal
year, until 2057
Maintenance Plan Plan approved by the At the time of completion of
COUNTY unit(s), with annual
submission if plan is revised
Register of Tenant Income and Summary of Tenant Income At time of full lease-up and
Rent and Income Limit, Rent and annually thereafter until
Rent Limit, by unit(Rent Roll) 20 57
Maintenance Agreement Executed 3`d Party Agreement Initial lease-up and annually
thereafter throughout the
affordability period, if
applicable, until 2057
D. Payment Deliverables
Payment Deliverable Payment Supporting Submission Schedule
Documentation
Project Component 1: SHIP Exhibit C along with either of the Monthly, by the 30th of the
Rental Development fiends are following invoices contractor/ month following the month
to be used for all related costs to architect/engineer/permit/ of service.
include but not limited to, land inspection and proof of payment
acquisition, land improvement, as evidenced by cancelled checks
infrastructure, construction and or bank statements, and any other
all development costs, documents as requested,
associated fees, permits, and
architectural, pre-development,
costs
Exhibit C along with paid receipt Monthly, by the 30th of the
Project Component 2: and proof of payment as month following the month
Collier County Impact Fees. evidenced by cancelled check(s) of service.
or bank statements and any other
documents as requested.
OR
Exhibit C along with an invoice to
Collier County Community and
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Human Services Division to pay
the Collier County impact fees
through SHIP funding on behalf
of the Sponsor through an Inter-
Office Governmental Charge
(IGC).
1.5 PERIOD OF PERFORMANCE
SPONSOR services shall begin on July 1,2023 and end on June 30,202527. This project allows
for pre-ward development/construction costs if incurred prior to the commencement of the Period
of Performance. This Agreement must remain in effect throughout the development process of
the Project and is terminated upon completion of acquisition, construction, and initial lease-up
of all SHIP assisted units. SPONSOR is responsible for ongoing reporting, subject to onsite
monitoring, tenant income qualification activities, and continued use for an affordability period
of 30 years. In any event, all services required hereunder shall be completed by SPONSOR prior
to June 30, 20252. Any funds not obligated by the expiration date of this Agreement shall
automatically revert to the COUNTY.
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 a formal
letter to the SPONSOR.
1.6 AGREEMENT AMOUNT
The COUNTY agrees to make available ONE MILLION—EWE—HUNDRED THOUSAND
DOLLARS and ZERO CENTS ($1,500,000.00) jfWO MILLION SIX HUNDRED
TWENTY-ONE THOUSAND SEVEN HUNDRED FORTY-SEVEN DOLLARS AND
EIGHTY CENTS ($2,621,747.80) for use by SPONSOR during the taint of the Agreement
(hereinafter, shall be referred to as the Funds). The agreement provides for cost reimbursement
to the Sponsor in the amount of$1,500,000 for eligible expenses, and the County Community
and Human Services Division will pay the Collier County impact fees through SHIP finding on
behalf of the Sponsor in the amount of $1,121,747.80 through an Inter-Office Governmental
Charge (IGC) or through cost reimbursement at the choosing of the Sponsor.
****
1.7 NOTICES
COLLIER COUNTY ATTENTION: TPD Adrienne Meijer, Grants Coordinator
Collier County Government
Community and Human Services
3339 E. Tamiami Trail, Suite 213
Naples, FL 34112
Email to: TDAdrienne.Meijer(cckollier.gov
Telephone: 239-252-TBD5229
****
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PART II
GRANT CONTROL REQUIREMENTS
****
2.2 RECORDS AND DOCUMENTATION
SPONSOR shall maintain sufficient records in accordance with Florida Housing, Finance
Corporation (FHFC) program regulations, as provided in Exhibit B, to verify compliance with
the requirements of this Agreement, the SHIP Program, and all other applicable laws and
regulations. This documentation shall include, but is not limited to, the following:
A. All records required by SHIP regulations.
B. SPONSOR shall create and maintain public records that ordinarily and necessarily would be
required by COUNTY to perform the service.
C. SPONSOR shall make available to the COUNTY or CHS at any time upon request, all
reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed,prepared, assembled, or completed by SPONSOR 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 Program Income. Program Income will be collected during payoffs
and recognized in the annual budget. These records shall be maintained in such detail to
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.
D. Upon completion of all work contemplated under this Agreement, copies of all documents
and records relating to this Agreement shall be surrendered to CHS,if requested. In any event,
SPONSOR shall maintain all documents and records in an orderly fashion in a readily
accessible, permanent, and secured location for three (3) years after the submission date of
the annual performance and evaluation report, as prescribed in 2 CFR 200.334. However, if
any litigation, claim, or audit is started before the expiration date of the three(3) year period,
the records will be maintained until all litigation, claim, or audit findings involving these
records are resolved. If SPONSOR ceases to exist after the closeout of this Agreement, it will
notify the COUNTY in writing, of the address where the records are to be kept, as outlined
in 2 CFR 200.337. SPONSOR shall meet all requirements for retaining public records and
transfer, at no cost to COUNTY, all public records in SPONSOR's possession upon
termination of the Agreement, and destroy any duplicate, exempt, or confidential public
records that are released from public records disclosure requirements. All records stored
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electronically must be provided to the COUNTY in a format compatible with the COUNTY's
information technology systems.
IF THE SPONSOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE SPONSOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-
252-2679, Michael.BrownleeAngle.Batesacolliercountyfl.gov, 3299 Tamiami
Trail E, Naples FL 34112.
****
EXHIBIT B
RENTAL DEVELOPMENT PROJECT REQUIREMENTS
The Project is for impact fees, associated fees, permits, and architectural, pre-development costs
land acquisition and/or construction of affordable residential rental housing in accordance with the SHIP
Program and Collier County LHAP FY 2022-2025. SPONSOR shall perform the following activity
under this Agreement:
1. Affordability of SI-HP-Assisted Units: For the duration of the Affordability Period (30 years),
as defined in the Note, Mortgage, and Land Use Restriction Agreement (LURA) of even date, a
minimum of two hundred and fifty-two (252) will be constructed and 50 SHIP units in the
Project shall be SHIP-Assisted units. One-third of the principal loan balance is forgiven every
ten(10)then years thorough the thirty (30)year term.
All SHIP-Assisted units in the Project shall be fixed and rented or held available for rental on a
continuous basis to persons or families who, at the commencement of occupancy shall have a
verified annual income that does not exceed 80 percent of the Area Median Income (AMMI), as
defined by the Department of Housing and Urban Development (HUD). Rents on these units
shall be restricted to the SHIP Program rent limits. Maximum eligible income and rent limits are
revised annually and are available from the COUNTY.
SPONSOR covenants that two hundred and fifty-two (252) units will be
constructed and a minimum of 50 units will be SHIP assisted and will be rented to income-
eligible tenants as defined by HUD. All units carry rent and occupancy restrictions until June
30, 205557, which remain in force regardless of transfer of ownership, and shall be in
accordance with the LURA, incorporated by reference, and Section 1.6 of this Agreement.
SHIP-Assisted units shall be reserved for and rented to households which qualify for the
following:
SHIP-Assisted Units According to Income Limits
Income Limits Number SHIP-
Assisted Units
Very Low (50% AMI) 22 _
Low(80%AMI) or lower 28
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Moderate (120%AMI)or lower 0
Total of Units (Minimum) 252, of which a
minimum of 50 are
SHIP assisted units
SPONSOR covenants that a minimum of ten (10) units will be leased to families with "Special
Needs" as defined in Florida Statute 420.004(13).
This Agreement incorporates,by reference,terms and conditions described in the Note,Mortgage
and LURA of even date and any other agreements enforcing the SHIP requirements associated
with said Note, Mortgage, and LURA. The Project budget is ONE MILLION DOLLAR FIVE
TWO MILLION SIX
HUNDRED TWENTY-ONE THOUSAND SEVEN HUNDRED FORTY-SEVEN
DOLLARS AND EIGHT CENTS (S2,621,747.801 and is provided by the COUNTY through
the SHIP PROGRAM. Project construction will commence and be completed as defined and set
forth in the affordable housing development schedule incorporated by reference. In no event will
acquisition be completed later than 120 days from the date of this Agreement; nor will
construction commence later than 12 months or be completed later than 24 months from the date
of this Agreement. Construction will progress in accordance with the construction schedule
submitted by SPONSOR to obtain financing.
***F
1 ENTATIVE SCHEDULE (Adherence is not a condition of payment)
Sites Identified/Site Due Diligence (if applicable) NA
Property(ies)Under Conditional Contract(if applicable) N/A
Property(ies)Purchase Closing Date (if applicable) N/A
Design/Permitting 1/2024
Construction Commencement 6/2024
Certificate of Occupancy Issued for all Newly 6/202527
Constructed Housing Units
Project Completion Date 6/202527
A. Project construction will commence and be completed in accordance with the schedule
submitted. Property acquisition is not required as the land was donated to SPONSOR for the
Project. The SHIP units will be completed no later than June 30, 202527, unless otherwise
the project funding year is extended by FHFC.
14. Payment Documents:
A.Development/Construction:
i. Exhibit C along with invoice and proof of payment as evidenced by cancelled checks or
bank statements,and any other documents as requested
ii. Contractor Bid Recommendation w/Bid Tab, initial submission only
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iii. Approved Contractor Recommendation/Notice to Proceed, initial submission only
iv. Waiver of Lien Release, with each payment
v. Contractor Agreement, initial submission only
vi. Permits, if reimbursement is requested
vii. Certificate of Completion,at closeout
B. Impact Fees:
i. Exhibit C, along with proof of payment as evidenced by cancelled checks or bank
statements
ii. Impact Fee paid receipt,and any other documents as requested OR
iii. Exhibit C along with an invoice to Collier County Community and Human Services
Division to pay the Collier County impact fees through SHIP funding on behalf of the
Sponsor through an Inter- Office Governmental Charge (IGC).
**
EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipien v-e Federal-avvards-te
determine if subrecipients arecompliant r ith-esta ments (Subpart F). Aceorclin4
Collier Cory-requires-tat--all apprapriate documentation ' ganization's
etanayliance. 1-n-blete-rmi-mina Federalxpencled-in a fiscal y r, the entity must-eonsider-a-tl
ee-urces-e€-Fed ral awards kasod--on when the activity related t +tie Federa4 aw rd occurs, including any
Federal award provided by Collier County.The determination of amounts of F deral-awards expended
shall be in accordance with the guidelines established-by-2 CFR Part 200, Star F Audit
Requirements. This form may be uses monitor Florida Single AuditAet/section 215 71 requirements.
Subreelpient
Name T RENAISSANCE HALL AT O-LD-COLJR��LLG
First Date of Fiscal YearAA-M/DD/YY Last Date of Fiscal Yea.. MMIDDIYY
-otal Federal Financial A istann
Experld°t=_�I.Lir�i,n ra .-r, st..e a al.,�.f,"TpleteCl Total State Fi oiel-.assistance Expex ed
Fiscal Year during most recently completed Fiscal Year
Check A. or B. Chock C if applicable
A. The f dcral/state expenditure threshold for our fiscal year ending een
-tom- - een completed or will be
• {the aud' eport and managcme ettcr arc att-ashed
•
•
72. Did not exceed the expenditur^+��-�r-reshe4d-for the fiscal y ir indicated abeve
❑ Are a for profit organization
c Are exempt for other reasons explai-n
An audited financial statement ieuch._ and if ap tiarible, the independent auditor's
mar.._n merettei-
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-F'ncm, weer-c noted, a current State-s--W-p `^ of he responses and Cer-Fee .ye-action,, 1,,n is
included sepa ate from-tho writ n-res-;oens prov;ded-AN thin the auEl E--r-epsi1ee
understand t-h-at-the-audit report contaf^-s-a-v.sri r-rc`pd—nee. she fin- (s), we-awe rcquccti g
an E ated--status of-the-corrective c.ctie-rr(s) bcincJ taken-Please cte aa4pFe'do jus+ 3 copy-of
thew i' • r. L nlr�cC i. I, f
�r,�n�cti;-Kai=rr�,EFr o�}�r'r"£-Fer3-o"��-�.rTrr�-s—,lc,�ldCs-'c�2t&s,c ofthe-actie'r�.rproc2vLres,
polioie et-e74rnp e-m errce'd--an-c'khE eritl-bc is rrp;e,-aerted.
+i fi Lion State
Fc�■ $car°rvr�vcsrcanzf,'}71
-t-here-by-ocrtify that-the- o` rnformation-is-t- and ace -rate.
Signatufe -1---Date
4
Fit-dame and Title
If SPONSOR expends $750,000 or more in State financial assistance during its fiscal year, it must have a
State Single or Project Specific audit conducted in accordance with Section 2'15.97, Florida Statutes;
applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations). and Rules of the Auditor General. If SPONSOR expends
less than $750,000 in State financial assistance during its fiscal year, it shall provide certification to the
COUNTY that single audit was not required. In determining State financial assistance expended, SPONSOR
must consider all sources of State financial assistance. including assistance received from Department of
Children & Families, other State agencies, and other nonstate entities. This form may be used to monitor
Florida Single Audit Act (Florida Statutes Section 2'15.97) reciuirernents:
Sponsor
Name
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MMUl/DDJYY)
Total State Financial Assistance Expended $
during most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The state expenditure threshold for our fiscal year ending as indicated above has been met
and a Single Audit as required by Section 2'15.97, Florida Statutes 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 Section 215.97. Florida Statutes because we:
Did not exceed the expenditure threshold for the fiscal year indicated above
FT 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.
While we understand that the audit report contains a written response to the findinq(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:
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Print Name and Title:
07/24/24
Signature Page to Follow
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IN WITNESS WHEREOF,the SPONSOR and the COUNTY, have each respectively, by an
authorized person or agent,hereunder set their hands and seals on the date first written above.
„A r T S ;►I .►,) •` AS TO THE COUNTY:
,?4, '
Ck*Acti, . KI EL,,CLERK BOARD OF COUNTY COMMISSIONERS OF
4: (i .•t;',,A �y�f- COLLIER COUNTY,FLORIDA
y, ', DEPUTY CLERK ;J%
Attest as to Chairman's
�,`a` signature only By: `� ^�!
BYTIRT L. S S, CHAIRMAN
Tate: b f
oq i ZO24,
(SEAL) Date: ,,, ti 1„.. 91 2C
WITNESSES: AS TO THE SPONSOR:
Ja 0-- • - RENAISSANCE HALL AT OLD COURSE, LLC
Witness#1 Signature
al-N/SA 1 o cre.S By:
W ness#1 Printed Name S I, VE , PRESIDENT
Wit Date: /1/114 / l) 4c'
ss #2 Signature
Witness#2 Printed Name
Appro t fo d legality:
y A.Ashkar
\-‘
Assistant County Attorney '�� \
Date: G(6/
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STATE HOUSING INITIATIVES PARTNERSHIP(SHIP)PROGRAM
025 AMENDED AND RESTATED PROMISSORY NOTE
Date:
Borrower:Renaissance Hall at Old Course,LLC
10815 RENAISSANCE HALL NAPLES FL 34116
(Property Address) (City) (State) (Zip)
WITNESSETH:
WHEREAS,this Amended and Restated Promissory Note(this"Note")is executed by Renaissance Hall at Old Course,LLC,a Florida
limited liability company(the"Borrower"),in favor of Collier County,Florida,through its State Housing Initiatives Partnership(SHIP)Program(the
"Lender"),and is intended to amend and restate in its entirety that certain Promissory Note dated October I I,2024,in the original principal amount
of One Million Five Hundred Thousand Dollars($1,500,000.00)(the"Original Note")in order to change the principal amount to Two Million Six
Hundred Twenty-One Thousand Seven Hundred Forty-Seven and 80/100 Dollars($2,621,747.80);and
WHEREAS,no prepayments were made on the Original Note prior to the date hereof.Accordingly,as of the date of this Amended and
Restated Promissory Note,the outstanding principal balance is Two Million Six Hundred Twenty-One Thousand Seven Hundred Forty-Seven and
80/100 Dollars($2,621,747.80);and
WHEREAS, the parties intend by this instrument to replace the Original Note in its entirety,while continuing Borrower's obligations
thereunder,as amended and restated herein.
NOW,THEREFORE,in consideration of these premises and other good and valuable consideration,the receipt and sufficiency of which is
hereby mutually acknowledged,it is agreed by and between the parties as follows:
I. BORROWER(S)PROMISE TO PAY:I/We promise to pay Two Million Six Hundred Twenty-One Thousand Seven Hundred Forty-
Seven and 80/100 Dollars($2.621,747.801(this amount will be called"principal")to the order of Collier County-SHIP or to any other
holder of this Note(the"Lender"),whose address is 3339 E.Tamiami Trail,Naples,Florida 34112.I/We understand that the Lender may
transfer the Promissory Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this
Note will be called the"Note Holder".
2. INTEREST: Interest on this Note shall be zero percent(0%)per annum;except that if VWe fail to pay this Note as required,the interest
rate shall be twelve percent(12%)per annum from the date when payment of this Note is due until I/We pay it in full.
3. PAYMENTS: Payment in full is due upon sale,title transfer:refinance of the property or property will no longer serve the intended
target population within the thirty-year term.If sold,title transferred,refinanced,or property will no longer serve the intended
target population after the thirty-year term,no repayment is required.In addition,one-third of the principal loan balance is forgiven every
ten(10)years through the thirty(30)year term.As long as the borrower continues to own the assisted property during the term of the
mortgage, then the loan will not have to be repaid. My/Our total payment shall be U.S. Two Million Six Hundred Twenty-One
Thousand Seven Hundred Forty-Seven and 80/1.00 Dollars($2,621,747.80).
4. BORROWER'S RIGHT TO PREPAY: I/We have the right to make payments of principal at any time before they are due. A payment
of principal only is known as a"prepayment". When I/We make a prepayment,I/we will tell the Note Holder in writing that I/we am doing
so.
I/We may make a full prepayment or partial prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of
the principal that I owe under this Note. If I/We make a partial prepayment,there will be no changes in the due date or in the amount of
my monthly payment unless the Note Holder agrees in writing to those changes. If I/We make a partial prepayment,there will be no
prepayment penalty adhering to or associated with such prepayment.
5. LOAN CHARGES: If a law,which applies to this loan and which sets maximum loan charges,is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with this loan exceed the permitted limits;then(i)any such loan charges shall
be reduced by the amount necessary to reduce the charges to the permitted limit;and(ii)any sums already collected from me which
exceeded permitted limits will be refunded to me/us. The Note Holder may choose to make this refund by reducing the principal that I/We
owe under this Note or by making a direct payment to me/us. If a refund reduces principal, the reduction will be treated as a partial
prepayment.
6. SUBORDINATION: Lender and Borrower acknowledge and agree that this Security Instrument is subject and subordinate in all respects
to the liens,terms,covenants and conditions of the First Deed of Trust and to all advances heretofore made or which may hereafter be made
pursuant to the First Deed of Trust including all sums advanced for the purpose of(a)protecting or further securing the lien of the First
Deed of Trust,curing defaults by the Borrower under the First Deed of Trust or for any other purpose expressly permitted by the First Deed
of Trust or(b)constructing,renovating,repairing,furnishing,fixturing or equipping the Property. The terms and provisions of the First
Deed of Trust are paramount and controlling,and they supersede any other terms and provisions hereof in conflict therewith. In the event
of a foreclosure or deed in lieu of foreclosure of the First Deed of Trust,any provisions herein or any provisions in any other collateral
agreement restricting the use of the Property to low-or moderate-income households or otherwise restricting the Borrower's ability to sell
the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person,including his successors
or assigns(other than the Borrower or a related entity of the Borrower),receiving title to the Property through a foreclosure or deed in lieu
of foreclosure of the First Deed of Trust shall receive title to the Property free and clear from such restrictions.
Further,if the Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure,the lien of this Security Instrument
shall automatically terminate upon the Senior Lien Holder's acquisition of title,provided that(i)the Lender has been given written notice of
a default under the First Deed of Trust and(ii)the Lender shall not have cured the default under the First Deed of Trust within the 30-day
period provided in such notice sent to the Lender.
Required HUD Language in Subordinate Note. The Subordinate Note contains or incorporates the following provisions:
"As long as HUD is the insurer or holder of the Senior Note(as such term and other capitalized terms are defined in the form Subordination
Agreement,HUD-92420M)on FHA Project No.006-35392,the following provisions("HUD Provisions")shall be in full force and effect:
(I) any payments due under the Subordinate Note shall be payable only(i) from permissible distributions from
1
1 6 D 5
Surplus Cash of the Project; but in no event greater than seventy-five percent(75%)of the total amount of Surplus Cash;or(ii)
from monies received from Non-Project Sources. In no event may payments due under all subordinate debt of Maker
cumulatively exceed 75%of available Surplus Cash. The restriction on payment imposed by this paragraph shall not excuse
any default caused by the failure of the Borrower to pay the indebtedness evidenced by the Subordinate Note;
(2) no prepayment of the Subordinate Note shall be made until after final endorsement by HUD of the Senior Note,unless such
prepayment is made from Non-Project Sources and is approved in writing by HUD.
(3) this Subordinate Note is non-negotiable and may not be sold,transferred,assigned,or pledged by the Subordinate Lender
except with the prior written approval of HUD;
(4) interest on the Subordinate Note shall not be compounded as long as HUD is the insurer or holder of the Note secured by the
Security Instrument
(5) Maker hereby waives presentment,demand,protest and notice of demand,protest and nonpayment of this Subordinate Note:
(6) the terms and provisions of this Subordinate Note are also for the benefit of and are enforceable by HUD against any party
hereto,their successors and assigns. This Subordinate Note may not be modified or amended without the written consent of HUD;and
(7) in the event of any conflict between the terms of the Subordinate Note and the HUD Provisions,the terms of the HUD
Provisions shall control."
7. BORROWER(S)FAILURE TO PAY AS REQUESTED:
(A)Default
If I/we do not pay the full amount as required in Section 3 above,I/we will be in default. If I am in default,the Note Holder may bring
about any actions not prohibited by applicable law and require me/us to pay the Note Holder's cost and expenses as described in(B)below.
(B) Payment of Note Holder's Cost and Expenses
If the Note Holder takes such actions as described above, the Note Holder will have the right to be paid back for all of its costs and
expenses,including,but not limited to,reasonable attorneys'fees.
8. GIVING OF NOTICES: Unless applicable law required a different method,any notice that must be given to me/us under the Note will
be given by delivering it or by mailing it by first class mail to me at the Property Address on Page I or at a different address if I/we give the
Note Holder a notice of my/our different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the
address stated in Section 3(A)or at a different address if I/we have been given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE: If more than one person signs this Note,each person is fully and personally
obligated to keep all of the promises made in this Note,including the promise to pay the full amount owed. Any person who is a guarantor,
surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations,including the obligations
of a guarantor,surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may
enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be
required to pay all of the amounts owed under this Note.
10. WAIVERS: I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
"Presentment"means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor"means the right to
require the Note Holder to give notice to other persons that amounts due have not been paid.
11. UNIFORM SECURED NOTE: This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the
protection given to the Note Holder under this Note,a Mortgage,Deed of Trust or Security Deed(the"Security Instrument"),dated the
same date as this Note,protects the Note Holder from possible losses which might result if I/we do not keep the promises which I/we make
in this Note. That Security Instrument describes how and under what conditions I/we may be required to make immediate payment in full
of all amounts I/we owe under this Note. Some of those conditions are described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the property or any interest in it is sold or transferred(or
if a beneficial interest in Borrower is sold or transferred And Borrower is not a natural person)without Lender's prior written consent,
Lender may,at its option,require immediate payment in full or all sums secured by this Security Instrument. However,this option shall
not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument.
If Lender exercises this option,Lender shall give the Borrower notice of acceleration. The notice shall provide a period of not less than
thirty(30)days from the date the notice is delivered or mailed,within which Borrower must pay all sums secured by this Security
Instrument. If Borrower(s)fail to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
Notwithstanding the above,the Lender's rights to collect and apply the insurance proceeds hereunder shall be subject and subordinate to the
rights of the Senior Lien Holder to collect and apply such proceeds in accordance with the First Deed of Trust.
12. This note is governed and construed in accordance with the Laws of the State of Florida.
No waiver,amendment or other modification of this Amended and Restated Promissory Note shall be binding upon either the
Maker or the Payee,unless in writing and signed by a duly authorized representative of both parties.If any provision of this
Amended and Restated Promissory Note shall be prohibited or invalid under applicable law,such provision shall be
ineffective but only to the extent of such prohibition or invalidity,and without invalidating the remainder of such provision or
the remaining provisions of this Amended and Restated Promissory Note.
Payee may assign or transfer any or all of the obligations hereunder.This Amended and Restated Promissory Note shall be
binding upon the Maker and its successors and assigns.This Amended and Restated Promissory Note shall be governed by
and construed in accordance with the laws of the State of Florida.
(Signature Page Follows)
2
16D5
WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED.
Borrower Renaissance Hall at Old Coursee,Lh�C� •/-Sieveve rki Date
t
RETURN TO: Collier County Community&Human Services Division
SHIP Rental Development
3339 E.Tamiami Trail,BuildingFI,Suite 211
Naples,Florida 34112 Approved as to form and legality
SHIP File#SHRD22-01
J
Assistant County Attorney ,,,i1\7i�
3
INSTR 6809146 OR 6573 PG 3561 1 6 D 5
RECORDED 4/10/2026 2:19 PM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
Prepared by and Return to: DOC@.35$3,926.30 REC$35.50
Collier County Community and Human Services Division OBLD$1,121,747.80
3339 E.Tamiami Trail,Building H,Suite 211
Naples,Florida 34112
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
AMENDED
AND RESTATED MORTGAGE
•THIS MORTGAGE("Security Instrument")is given on J day of k 4� --"V `f- 2025.
The Mortgagor is:
Renaissance Hall at Old Course, LLC, a SPONSOR
("Borrower"). This Security Instrument is given to Collier County-SHIP ("Lender").which is organized and existing under the laws
of the United States of America,and whose address is 3339 E. Tamiami Trail, Naples, Florida 34112.
WHEREAS,Borrower executed that certain Mortgage dated October 11,2024 and recorded at OR 6405 PG 3989 in the Public
Records of Collier County,Florida(the"Original Mortgage"),securing a deferred,forgivable loan in the original principal amount of One Million
Five Hundred Thousand Dollars($1,500,000.00).No prepayments have been made on the loan secured thereby;
WHEREAS,the Lender and the Borrower now desire to amend and restate the Original Mortgage in its entirety to reflect an
increased loan amount in the principal sum of Two Million Six Hundred Twenty-One Thousand Seven Hundred Forty-Seven and 80/100
Dollars($2,821,747.80),while leaving all other terms and conditions of the Original Mortgage unchanged;
WHEREAS,accordingly,Borrower does hereby amend and restate the Original Mortgage in its entirety as follows:
Borrower owes Lender the sum of_Two Million Six Hundred Twenty-One Thousand Seven Hundred Forty-
Seven and 80/100 Dollars ($2 621,747.80). This debt is evidenced by Borrower's Note dated the same date as this
Security Instrument("Mortgage"), which does not provide for monthly payments. The full debt, if not paid earlier, is due upon sale, title
transfer,refinance of the property or property will no longer serve the intended target population within the thirty-year term. If sold,
title transferred, refinanced, or property will no longer serve the intended target population after the thirty-year term,no repaymenf-is
required. In addition,one-third of the principal loan balance will be forgiven every ten (10)years through the thirty(30)year term. The Note and
Mortgage do not provide for monthly payments.Repayment of the Loan shall be due upon default,after expiration of all applicable cure periods,under
the LURA within the thirty(30)year term as provided therein. If there is no default,then upon expiration of the term of the LURA the Loan shall be
forgiven,and the Lender shall release the lien of the Mortgage as provided in Section 22.
This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals, extensions
and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security
Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,
Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida.
As more particularly described as:See Exhibit A and which has the address of:
("Property Address"): 10815 Renaissance Circle NAPLES FL 34116
(Address) (City) (State) (Zip)
TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances, rents,
royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements
and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property".
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage,grant and
convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally
the title to the Property against all claims and demands,subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by
jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest;Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and
interest on the debt evidenced by the Note.
2. Taxes. The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest
thereon.
The Mortgagor shall pay or cause to be paid,as the same respectively become due,(A)(1)all taxes and governmental charges of any
kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property,(2)all utility and other charges,
including"service charges", incurred or imposed for the operation, maintenance,use, occupancy, upkeep and improvement of the Property,
and(3)all assessments or other governmental charges that may lawfully be paid in installments over a period of years,the Mortgagor shall be
obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and
shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment.
3. Application of Payments. Unless applicable law provides otherwise, ail payments received by Lender shall be applied; first,to
interest due;and,to principal due;and last,to any late charges due under the Note.
4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property which may
attain priority over this Security Instrument, and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all
notices of amounts to be paid under this paragraph,and all receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to
the payment of the obligation secured by the lien in a manner acceptable to Lender,(b)contests in good faith the lien by,or defends against
enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from
the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part
of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien.
Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured
against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender
requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier
providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to
maintain coverage described above, Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance
with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such
risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,
including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises
by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended
1605
coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement
cost of the Premises,exclusive of footings and foundations.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have
the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal
notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made
promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property
damaged, if the restoration or repair is economically feasible and Lenders security is not lessened. If the restoration or repair is not
economically feasible or Lender's security would be lessened. the insurance proceeds shall be applied to the sums secured by the Security
Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property or does not answer within 30 days
a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use
the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period
will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not
extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under
paragraph 21 the Property is acquired by Lender, Borrowers right to any insurance policies and proceeds resulting from damage to the
Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the
acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds.
Borrower shall not destroy damage or impair the Property,allows the Property to deteriorate,or commit waste on the Property. Borrower shall
be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in
forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may
cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in
Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created
by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower,during the loan application process,gave
materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with
the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's ownership of the Property. If this Security
Instrument is on leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold
and the fee title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this
Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in
bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to
protect the value of the Property and Lenders rights in the Property. Lender's actions may include paying any sums secured by a lien which
has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs.
Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this
paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms
of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice
from Lender to Borrower requesting payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance
coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially
equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance
previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not
available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by
Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve
in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in
the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained.
Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for
mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower
notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation
or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the
event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,
with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately
before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless
Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds
multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value
of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which
the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking,
unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing, any
application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change
the amount of such payments.
11. Borrower Not Released, Forbearance by Lender Not a Waiver. Extension of the time for payment or modification of
amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to
release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings
against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security
Instrument by reason of any demand made by the original Borrower or Borrowers successors in interest. Any forbearance by Lender in
exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound;Joint and Several Liability;Co-Signers. The covenants and agreements of this Security
Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the
Provisions of paragraph 17, Borrowers covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest
in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;
and(c)agrees that Lender and any other Borrower may agree to extend,modify, forbear or make any accommodations with regard to the
terms of this Security Instrument or the Note without that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that
law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted
limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums
already collected from Borrower which exceeded permitted limits will be refunded to Borrower Lender may choose to make this refund by
reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be
treated as a partial prepayment without any prepayment charge under the Note
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first
class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address
Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law;Severebility. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which
the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such
conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To
this end the provisions of this Security Instrument and the Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or
transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lenders prior written
t6D
consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall
not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument.
If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days
from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to
pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this
Security Instrument discontinued at any time prior to the earlier of. (a) 5 days (or such other period as applicable law may specify for
reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or(b)entry of a judgment
enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses
incurred in enforcing this Security Instrument,including,but not limited to,reasonable attomey's fees;and(d)takes such action as Lender may
reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums
secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations
secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of
acceleration under paragraph 17.
19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may
be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that
collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer
unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with
paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments
should be made. The notice will also contain any other information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous
Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any
Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any governmental or
regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual
knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with
Environmental Law.
As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law
and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile
solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law"means
federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection.
21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant
or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The
notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given
to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result
in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall
further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure preceding the non-existence of a
default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice,
Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
provided in this paragraph 21,including,but not limited to,reasonable attomey's fees and costs of the title evidence.
22. Release. Upon payment or forgiveness of all sums secured by this Security Instrument, Lender shall release this Security
Instrument,without charge,to Borrower. Borrower shall pay any recordation costs.
23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorney's'fees"shall include any attorneys'fees awarded
by an appellate court.
24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security
Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and
agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box)
❑Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider
❑Graduated Payment Rider ❑1-4 Family Rider ❑Second Home Rider
❑Balloon Rider ❑Biweekly Payment Rider ❑Planned Unit Development Rider
❑Other(s)(specify
SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed
by Borrower and recorded with it.
Signed,sealed and delivered in the presence :
Signature:
ev r resident
S� �Lf/ Ve (S" `�� Appro it form and l� ity
Address: � ���
17/)MittC' " 9'
unty 'ttorney ,t�.
STATE OF FLORIDA ��l
COUNTY OF.eettTER-'OfAti a)
The foregoing instrument was acknowledged before me by means of[a'�iysical presence or❑online notarization this=day of
teee ,202 by � 0 1 '';re .
Such person(s)Notary Public must check applicable box: are personally known to me;0 produced their current driver license;
❑ produced as identification.
(Notary Seal) � 64y4 l 41...4.4.4
'ir =—'" Notary Public /
�ar.o LISA TORRES Printed Name of Notary: LJ SA—Tor r S
i% Notary Public-State of Florida 4 Commission Number: k1 3 CAA
If Commission#WW 356368 My Commission Expires:31 (u la at '3b 7.`-t
- or�.PV My Comm.Expires Mar 21,2027
4 .,, Bonded through National Notary Assn.
16 5
EXHIBIT A
LEGAL DESCRIPTION
Folio#36560040008
A PARCEL OF LAND LYING WITHIN TRACT"A",GOLDEN GATE UNIT 8,PART 1,AS RECORDED IN PLAT
BOOK 5,PAGES 147 THROUGH 151 AND TRACT"A",GOLDEN GATE UNIT 8 PART 2.AS RECORDED IN
PLAT BOOK 9, PAGES 107A THROUGH 112, BOTH OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF TRACT"A",GOLDEN GATE UNIT 8,PART 1,AS RECORDED IN
PLAT BOOK 5,PAGES 147 THROUGH 151,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;
THENCE SOUTH 87°52'23"WEST ALONG THE SOUTH LINE OF SAID TRACT"A"FOR 304.25 FEET;
THENCE NORTH 00°40'4I"WEST,DEPARTING SAID SOUTH LINE FOR 335.98 FEET TO A POINT OF CURVATURE:
THENCE NORTHWESTERLY 55.84 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT
HAVING A RADIUS OF 35.00 FEET THROUGH A CENTRAL ANGLE OF 91°24'5I"AND BEING SUBTENDED
BY A CHORD WHICH BEARS NORTH 46°23'06"WEST FOR 50.10 FEET;
THENCE SOUTH 87°54'29"WEST,FOR 145.40 FEET TO A POINT OF CURVATURE;
THENCE NORTHWESTERLY 79.90 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A
RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 91°33'42"AND BEING SUBTENDED BY A CHORD WHICH
BEARS NORTH 46°18'40"WEST FOR 71.67 FEET;
THENCE NORTH 00°31'50"WEST FOR 1000.50 FEET;
THENCE NORTH 89°30'57"EAST FOR 73.81 FEET;
THENCE NORTH 48°11'01"EAST FOR 20.02 FEET;
THENCE NORTH 89°30'57"EAST FOR 57.92 FEET;
THENCE SOUTH 00°29'03"EAST FOR 11.00 FEET:
THENCE NORTH 89°30'57"EAST FOR 120.00 FEET;
THENCE NORTH 00°29'03"WEST FOR 347.93 FEET;
THENCE SOUTH 89°30'57"WEST FOR 267.04 FEET;
THENCE NORTH 00°3l'50"WEST FOR 285.02 FEET;
THENCE NORTH 89°28'36"EAST FOR 503.38 FEET;
THENCE SOUTH 00°28'59"EAST FOR 965.95 FEET;
THENCE SOUTH 89°19'40"WEST FOR 5.21 FEET;
THENCE SOUTH 00°40'I9"EAST FOR 380.19 FEET;
THENCE SOUTH 01°58'53"EAST FOR 668.68 FEET;
THENCE NORTH 87°47'40"EAST FOR 22.45 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE
AFOREMENTIONED TRACT"A";
THENCE SOUTH 00°28'56"EAST ALONG SAID EAST LINE FOR 30.07 FEET TO THE POINT OF BEGINNING
OF THE PARCEL DESCRIBED HEREIN.
TOGETHER WITH EASEMENTS FOR ACCESS,UTILITIES AND STORMWATER IN FAVOR OF RENAISSANCE
HALL AT OLD COURSE,LLC,A FLORIDA LIMITED LIABILITY COMPANY,RECORDED APRIL 5,2024,IN
OFFICIAL RECORDS BOOK 6347,PAGE 1994,OF THE PUBLIC RECORDS OF COLLIER COUNTY.FLORIDA.
l�r.
1605
INSTR 6809145 OR 6573 PG 3550
RECORDED 4/10/2026 2:19 PM PAGES 11
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Prepared by and Return to: COLLIER COUNTY FLORIDA
Lisa Carr REC$95.00
Collier County Community&Human Services Division
3339 Tamiami Trail East,Building H, Suite 213
Naples,FL 34112
AMENDED AND RESTATED DECLARATION OF RESTRICTIVE COVENANTS FOR
RENAISSANCE HALL AT OLD COURSE,LLC
This Amended and Restated Declaration of Restrictive Covenants for Renaissance Hall
at Old Course, LLC (the "Covenant") made this 9th day of December 2025, (the "Effective
Date") by Renaissance Hall at Old Course, a Florida limited liability company (hereinafter
referred to as "Project Sponsor"), is in favor of Collier County, Florida(hereinafter referred to as
the "County"). Project Sponsor and the County are sometimes collectively referred to as the
"Parties"and singularly referred to as "Party."
RECITALS
WHEREAS, Renaissance Hall at Old Course, LLC ("Declarant") executed that certain
Declaration of Restrictive Covenants dated October 1,2024, and recorded at OR 6405 PG 3978 in
the Public Records of Collier County, Florida (the "Original Declaration of Restrictive
Covenants"), in favor of Collier County; and
WHEREAS, the Original Declaration of Restrictive Covenants was executed in
connection with a deferred, forgivable loan; and
WHEREAS, the Parties now desire to amend and restate the Original Declaration of
Restrictive Covenants in its entirety to reflect a revised loan amount of Two Million Six Hundred
Twenty-One Thousand Seven Hundred Forty-Seven and 80/100 Dollars ($2,621,747.80); and
WHEREAS, the Parties further desire to amend the Original Declaration of Restrictive
Covenants to reflect that Declarant has received an award of Ten Million,Five Hundred Eighty-
Five Thousand, Three Hundred Ten Dollars and Seventy-Six Cents ($10,585,310.76) in
funding from the State and Local Fiscal Recovery Funds (SLFRF), authorized under Section 9901
of the American Rescue Plan Act of 2021;
WHEREAS, the SLFRF funds were provided for the purpose of supporting specific
eligible uses as defined by the U.S. Department of the Treasury, including but not limited to
affordable housing development;
WHEREAS,as a condition of receiving SLFRF funds,the Declarant is required to impose
certain land use restrictions or covenants on the subject property that will run with the land to
ensure compliance with federal and state fiumding requirements;
[23-SOC-01106/1822102/I] Page 1 of 10
1605
WHEREAS,the Project Sponsor is the owner of the property legally described in Exhibit
"A", attached hereto and incorporated here ("Property"); and
WHEREAS, the Project Sponsor hereby agrees and covenants that the Project Sponsor's
interest in the Property shall be subject to the provisions, covenants, and restrictions contained
herein; and
WHEREAS, this Covenant is made for the express benefit of the County, and it shall
remain in full force and effect until released by the County; and
WHEREAS, the County has made an unsecured loan in the original principal amount of
Two Million Six Hundred Twenty-One Thousand Seven Hundred Forty-Seven and 80/100
Dollars ($2,621,747.80) from the SHIP Grant Fund (1053) established by the County to Project
Sponsor("Loan")in connection with the construction of the Project, and has received an award of
Ten Million,Five Hundred Eighty-Five Thousand,Three Hundred Ten Dollars and Seventy-
Six Cents ($10,585,310.76) in fimding from SLFRF, as more particularly described below; and
WHEREAS, the Project Sponsor is developing a project that will, among other things,
increase the supply of affordable rental housing units in the community, to be known as
RENAISSANCE HALL AT OLD COURSE,LLC (hereinafter referred to as the"Project"),which
consists of the new construction of an affordable 252-unit residential building located at 10815
Renaissance Circle ,Naples, Collier County,Florida; and
WHEREAS, the Project consists of a total of two hundred fifty-two (252) affordable
residential apai tnient units ("Units"); and
WHEREAS, the County's allocation of funds for the Project is subject to that certain
Promissory Note for Two Million Six Hundred Twenty-One Thousand Seven Hundred Forty-
Seven and 80/100 Dollars ($2,621,747.80) dated December 9, 2025 ("Promissory Note"), First
Amendment Between Collier County and Renaissance Hall at Old Course, LLC for Development
of Affordable Housing entered into December 9, 2025 ("Agreement"), and this Declaration of
Restrictive Covenants, all between the County and the Project Sponsor (collectively the "Loan
Documents"); and
WHEREAS, the Board of County Commissioners approved the Loan Documents at its
meeting on December 9,2025,Agenda Item No. 16.D.5 and the Clerk,as Custodian of the Board's
minutes and records holds the Loan Documents in trust; and
WHEREAS, the Project Sponsor was awarded SLFRF funds under the American Rescue
Plan Act of 2021 in the total amount of $10,585,310.76 in accordance with the terms and
conditions set forth in ARP 21-24, ARP 21-25 and ARP 21-28 (collectively referred to as the
"SLFRF Agreements"), with ARP 21-24 and ARP 21-25 approved by the Board of County
Commissioners on August 13, 2024, and ARP 21-28 approved on October 28, 2025; and
[23-SOC-01106/1822102/1] Page 2 of 10
1605
WHEREAS, Project Sponsor desires to make a binding commitment to assure that the
Project is maintained and operated in accordance with the provisions of the Agreement and this
Covenant; and
WHEREAS, Project Sponsor, as a condition for receiving the Loan funds and the SLFRF
funds, is required to record in the Public Records of Collier County, Florida, this Covenant
obligating the Project Sponsor, its successors, and assigns to maintain and operate the Project in
accordance with the Loan Documents and SLRFR requirements; and
WHEREAS, the Project Sponsor hereby declares that this Covenant shall be and is a
covenant running with the Project Sponsor and, unless released by the County, is binding on the
Project Sponsor's entire Affordability Period, as defined herein, and is not merely a personal
covenant of the Project Sponsor; and
NOW THEREFORE, Project Sponsor voluntarily covenants and agrees that the Project
shall be subject to the following restrictions that are intended and shall be deemed to be covenants
running with the Project Sponsor and its heirs,transferees, successors and assigns as follows:
TERMS:
Section 1. Recitals: The recitals and findings set forth in the preamble of this Covenant
are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Use of Property: Not less than fifty(50)of the Units in the Project shall be rent-
restricted and occupied by households whose annual income does not exceed an imputed income
limit as defined in the Internal Revenue Code section 42(g). At least twenty (22) of the rent-
restricted units in the project must be occupied by households whose income is no more than 50
percent(50%)of AMI. An additional twenty-eight 28 of the rent-restricted units must be occupied
by households with no more than 80 percent (80%) AMI, adjusted for household size, of which
ten (10) of all restricted units must be made available for households with "Special Needs," as
defined in Florida Statute 420.0004(13).The average of imputed income limit for all rent-restricted
units shall not exceed 80 percent (80%) of area annual gross median income. Income shall be
calculated by annualizing verified sources of income for the household as the amount of income
to be received by a household, during the 12 months following the effective date of the
determination. The Annual Gross Income, as defined in Section 420.9071(4), F.S., must be used
and the SHIP Program income limits cannot be exceeded for each individual household size. The
SPONSOR shall maintain complete and accurate income records pertaining to each tenant
occupying a SHIP-assisted unit. Onsite inspections will be conducted annually by Collier
County's Community and Human Services' Grants Compliance Unit upon reasonable prior written
notice to verify compliance with tenant income, rents and the minimum property standards as
stated in Section 420.907-420.9079,Florida Statutes and.Rule 67-37,Florida Administrative Code,
as they may be amended from time to time(www.floridahousing.org)or similar agreement entered
into by Project Sponsor in connection with the Project as described in the Agreement(Exhibit B).
Rent-restricted. Units means the gross rent for the Unit cannot exceed 50 percent (50%) or 80
percent (80%) as described above of the imputed income limit for that Unit. Additional
requirements for qualified low-income housing projects are enumerated in Internal Revenue Code
section 42(g) and the same are incorporated herein by reference.
[23-SOC-01106/1822102/1] Page 3 of 10
16D5
Section 3. Term of Covenant: This Covenant is a covenant running with the Project
Sponsor. This Covenant shall remain in full force and effect and shall be binding upon the Project
Sponsor,its successors,transferees,and assigns from the Effective Date until the expiration of the
Affordability Period. The Affordability Period of this Project will be thirty(30)years commencing
on December 9, 2025(the Date of Disbursement) as stated in the Agreement (the "Affordability
Period"). Upon the expiration of the Affordability Period, this Covenant shall immediately lapse
and be of no further force and effect without the necessity of any other written document or
instrument. Notwithstanding the foregoing, upon the expiration of the Affordability Period, the
County shall prepare for recording an instrument evidencing the expiration of and other
termination of this Covenant in the Public Records of Collier County,Florida.
The Project is partially funded with State and Local Fiscal Recovery Funds (SLFRF) authorized
under the American Rescue Plan Act of 2021, and the obligations set forth herein are imposed in
consideration of the receipt of such funds. Accordingly, the SLFRF funds shall be subject to the
terms and conditions of this Covenant throughout the Affordability Period, as stated in the SLFRF
Agreements.
The SHIP funds are subject to recapture during the affordability period if the property is sold,
transferred, or otherwise conveyed. If the project is offered for sale prior to the end of the
affordability period, the Project shall be subject to the right of first refusal for purchase at the
current market value minus grant award by eligible nonprofit organizations that would provide
continued occupancy by 80% and below AMI tenants. The County shall have ninety (90) days
from the date of notification of intent to sell by the Owner to identify an eligible non-profit.
Section 4. Prohibited Conveyances:Except as provided in the Loan Documents,the Project
Sponsor covenants and agrees not to transfer, sell, or otherwise assign its interest in the Project or
to a third party which is unaffiliated with any of the members of the Project Sponsor or their
respective members and/or affiliates (a "Prohibited Transfer") without the County's prior written
consent.
Notwithstanding anything to the contrary, and for avoidance of doubt, the following shall
be permitted and shall not require the written consent of the County:
(i) the transfer of the Project or the Project Sponsor's interest in the Property to an affiliate
of Renaissance Hall at Old Course, LLC, a Florida limited liability (the "Managing
Member")or an affiliate (including a trust)of any member of the Managing Member,
(ii) the recording of a lien or encumbrance against the Project, or any portion thereof, in
connection with any financing for the Project, including any refinancing,
(iii) the entering into of any agreements, licenses, leases, or otherwise with governmental
and/or non-governmental entities for the purpose of operating and/or developing the
Property (including, but not limited to, agreements/licenses/leases and agreements
agreements/licenses with cable and other service providers),
(iv) the encumbering of the Project, or any portion thereof with an extended low-income
housing commitment (as such term is defined in Section 42(h)(6)(B) of the Internal
[23-SOC-01106/1822102/1] Page 4 of 10
1605
Revenue Code)for low-income housing tax credits,or similar agreements required under
Section 42 of the Internal Revenue Code,
(v) the leasing of the Units in the ordinary course of business,
(vi) the transfer of the membership interests of the members of the Project Sponsor among
each other,
(vii) the transfer of the membership interests of the investor member and/or special member
of the Project Sponsor, either directly or indirectly, to an affiliate, and/or unaffiliated
members as well as CREA, of the investor member of the Project Sponsor,
(viii)the transfer of the interests of the investor member and/or special member of the Project
Sponsor to the Managing Member or an affiliate of the Managing Member (or of its
members),
(ix) the transfer of the membership interest of the Managing Member in the Project Sponsor
to an affiliate (including a trust)of any member of the Managing Member,
(x) any transfer by Project Sponsor),) or any of their respective trusts or affiliates, of their
respective interests in the Project Sponsor to any one or more of the Managing Member
Principals or their respective trusts or affiliates,
(xi) any transfers, conveyances, encumbrances, or liens permitted under the terms of the
documents relating to any loan which is senior in priority to the Loan per the Agreement,
and
(xii) the removal of the Managing Member in accordance with the operating agreement of the
Project Sponsor.
For avoidance of doubt, the County hereby acknowledges and consents to any liens and/or
encumbrances affecting the Project existing as of December 9, 2025
Section 5. Repayment Upon Prohibited Transfer: The Project Sponsor covenants and
agrees that in the event of a Prohibited Transfer without Coumty's prior written consent(except as
otherwise provided in the Loan Documents),the Project Sponsor shall, subject to the rights of any
senior lenders, immediately make payment to the County in an amount equal to the then-full
outstanding principal amount of the Loan funds disbursed and outstanding, with interest thereon
as provided in the Promissory Note, if any, and all unpaid fees, charges and other obligations of
the Project Sponsor due under any of the Loan Documents.
Section 6. Inspection and Enforcement: Subject to the Agreement, it is understood and
agreed that any official inspector of the County shall have the right any time during normal
working hours to enter and investigate the use of the Property to determine whether the conditions
of this Covenant are in compliance, subject to the rights of residential tenants under their leases.
Section 7. Amendment and Modification: This Covenant may be modified, amended, or
released in whole or in part by a written instrument executed on behalf of the County and the
[23-SOC-01 106/1 822 102/1] Page 5 of 10
16D5
Project Sponsor, or their respective successors-in-interest. Should this instrument be modified,
amended, or released, the County shall execute a written instrument in recordable form to be
recorded in the Public Records of Collier County, Florida, effectuating and acknowledging such
modification, amendment, or release.
Section 8. Definitions: All capitalized terms not defined herein shall have the meanings
provided in the Promissory Note.
Section 9. Insurance: The project Sponsor shall insure the property for the full replacement
cost for the duration of the Restrictive Covenants. Any such policy must be issued by a company
acceptable to the County,include the County as an additional insured and provide for at least thirty
(30)days' notice prior to cancellation.
Section 10. Severability: Invalidation of one of the provisions of this Covenant by
judgment of court shall not affect any of the other provisions of the Covenant,which shall remain
in full force and effect.
Section 11. Reliance: In performing its duties hereunder, the County may rely upon
statements and certifications of the Owner, believed to be genuine and to have been executed by
the proper person or persons, and upon audits of the books and records of the Owner pertaining to
occupancy of the Project. In addition,the Florida Housing Finance Corporation may consult with
counsel, and the opinion of such counsel shall be full and complete authorization and protection
with respect to any action taken or suffered by the County in good faith and in conformity with the
opinion of such counsel. The Owner may rely upon certification of low-income households
reasonably believed to be genuine and to have been executed by the proper person or persons.
Section 12. Recordation: This Covenant shall be filed of record among the Public Records
of Collier County, Florida, at the sole cost and expense of the Project Sponsor.
Section 13. Covenant Running with the Property: Any and all requirements of the laws of
the State of Florida that must be satisfied in order for the provisions of this Covenant to constitute
a restriction and covenant running with the Project Sponsor shall be satisfied in full, and any
requirements or privileges of estate are intended to be satisfied, or in the alternate, an equitable
servitude has been created to insure that these restrictions run with the Project Sponsor. For the
term of this Covenant, each and every contract, deed, or other instrument hereafter executed
conveying the Project Sponsor or portion thereof shall be deemed to provide that such conveyance
is subject to this Covenant, provided, however, that the covenants contained herein shall survive
and be effective regardless of whether such contract, deed, or other instrument hereafter executed
conveying the Project Sponsor or portion thereof provides that such conveyance is subject to this
Covenant.
Section 14. Governing Law and Venue: This Covenant shall be construed and enforced
pursuant to the laws of the State of Florida, excluding all principles of choice of laws, conflict of
laws and comity. Any action pursuant to a dispute under this Covenant must be brought in Collier
County and no other venue. All meetings to resolve said dispute, including voluntary arbitration,
[23-SOC-0 1 106/1 822 1 02/1] Page 6 of 10
1605
mediation, or other alternative dispute resolution mechanism, will take place in this venue. The
Parties both waive any defense that venue in Collier County is not convenient.
Section 15. Costs, Including Attorney's Fees: In the event litigation, arbitration, or
mediation, between the Parties, arises out of the terms of this Covenant, each Party shall be
responsible for its own attorney's fees, costs, charges, and expenses through the conclusion of all
appellate proceedings, final settlement, or final judgment.
[Signature Pages Follow]
[23-SOC-01106/1822102/1] Page 7 of 10
1605
IN WITNESS WHEREOF,the Project Sponsor has caused this Declaration of Restrictive
Covenants to be executed by its duly authorized officers and the corporate seal to be affixed hereto
on the day and year first above-written.
WITNESSES: AS TO PROJECT SPONSOR:
RENAISSANCE HALL AT OLD COURSE,LLC
Print Name: cato..la tale
Post Office Address:
115E Su) 3p0k11, sk. By:
ST VE K
�wa�t► err, PL. ssosit P SID
Print Name:)
Post Office A dr :
Attention: Steve Kirk
[23-SOC-0 1 106/1 822 102/1] Page 8 of 10
CP0
1605
ACKNOWLE GMENT
STATE OF g
COUNTY OF4i'ifL4>1)
The foregoing instrument was acknowledged before me by means of 11(physical presence or El
online notarization, this /M day of l4L4 202‘ by
es5N , the President
of Renaissance Hall at Old Course, LLC He is pees sonally known to rrr or has produced
as identification.
(NOTARY PUBLIC SEAL) (%r
V P LISA TORRES Signatureg
4 `�y U�� Notary of Person Taking
:1 Public-State of Florida
fps Commission#IiH 3563611 Acknowledgment
a. My Comm.Expires Mar 21,2027 P
Bonded through National Notary Assn. I (Printed, Typed, or Stamped Name of Notary-
Public)
{� f� 3 S 6 3 6#
Serial Number, if any
[23-SOC-0 1 1 06/1 822 1 02/I] Page 9 of 10
1605
AS TO COUNTY:
A E BOARD OF COUNTY COMMISSIONERS
C YST K KiNZEL, CLERK COLLIER COUNTY, FLORIDA
a y3
Depl1 le* r r BURT L. SAUNI5ERS, CHAI AN
Attr�3t s co Ghair,flan
signatur�7 only
Approve to Form and Legality:
ally ar
A ant County Attorney , C
[23-SOC-01106/1822102/1] Page 10 of 10
GAO
16 05
EXHIBIT A
LEGAL DESCRIPTION
Folio#36560040008
A PARCEL OF LAND LYING WITHIN TRACT "A", GOLDEN GATE UNIT 8, PART I, AS RECORDED IN
PLAT BOOK 5, PAGES 147 THROUGH 151 AND TRACT "A", GOLDEN GATE UNIT 8 PART 2, AS
RECORDED IN PLAT BOOK 9, PAGES 107A THROUGH 112, BOTH OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF TRACT"A",GOLDEN GATE UNIT 8,PART 1,AS RECORDED
IN PLAT BOOK 5, PAGES 147 THROUGH 151, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE SOUTH 87°52'23" WEST ALONG THE SOUTH LINE OF SAID TRACT "A" FOR 304.25 FEET;
THENCE NORTH 00°40'41" WEST, DEPARTING SAID SOUTH LINE FOR 335.98 FEET TO A POINT OF
CURVATURE;THENCE NORTHWESTERLY 55.84 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO
THE LEFT HAVING A RADIUS OF 35.00 FEET THROUGH A CENTRAL ANGLE OF 91°24'51"AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 46°23'06"WEST FOR 50.10 FEET; THENCE SOUTH
87°54'29"WEST,FOR 145.40 FEET TO A POINT OF CURVATURE;THENCE NORTHWESTERLY 79.90 FEET
ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET
THROUGH A CENTRAL ANGLE OF 91°33'42" AND BEING SUBTENDED BY A CHORD WHICH BEARS
NORTH 46°18'40"WEST FOR 71.67 FEET;THENCE NORTH 00°31'50"WEST FOR 1000.50 FEET;THENCE
NORTH 89°30'57" EAST FOR 73.81 FEET; THENCE NORTH 48°11'01" EAST FOR 20.02 FEET; THENCE
NORTH 89°30'57" EAST FOR 57.92 FEET; THENCE SOUTH 00°29'03" EAST FOR 11.00 FEET; THENCE
NORTH 89°30'57" EAST FOR 120.00 FEET; THENCE NORTH 00°29'03"WEST FOR 347.93 FEET; THENCE
SOUTH 89°30'57"WEST FOR 267.04 FEET; THENCE NORTH 00°31'50"WEST FOR 285.02 FEET; THENCE
NORTH 89°28'36" EAST FOR 503.38 FEET; THENCE SOUTH 00°28'59"EAST FOR 965.95 FEET; THENCE
SOUTH 89°19'40" WEST FOR 5.21 FEET; THENCE SOUTH 00°40'19" EAST FOR 380.19 FEET; THENCE
SOUTH 01°58'53" EAST FOR 668.68 FEET; THENCE NORTH 87°47'40" EAST FOR 22.45 FEET TO AN
INTERSECTION WITH THE EAST LINE OF THE AFOREMENTIONED TRACT "A"; THENCE SOUTH
00°28'56" EAST ALONG SAID EAST LINE FOR 30.07 FEET TO THE POINT OF BEGINNING OF THE
PARCEL DESCRIBED HEREIN.
TOGETHER WITH EASEMENTS FOR ACCESS, UTILITIES AND STORMWATER IN FAVOR OF
RENAISSANCE HALL AT OLD COURSE,LLC,A FLORIDA LIMITED LIABILITY COMPANY,RECORDED
APRIL 5,2024,IN OFFICIAL RECORDS BOOK 6347,PAGE 1994,OF THE PUBLIC RECORDS OF COLLIER
COUNTY,FLORIDA.
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