Backup Documents 11/10/2015 Item #16D11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1. 6Dije
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to theCounty Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Barbetta Hutchinson CHS k1 I`o h,/
2. Jennifer A. Belpedio, ACA County Attorney Office
{�
� p311 .)` 3(1
3. BCC Office Board of County
Commissioners / X11 C3<<S
4. Minutes and Records Clerk of Court's Office cP(1\ tt (f3h-5 -5:4510-n-v
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 Phone Number
Contact/ Department Lisa Oien 252-6141
Please call for pick up
Agenda Date Item was 11/10/2015 Agenda Item Number �(��r t
Approved by the BCC 16D1 `
Type of Document Two amendments each in triplicate Number of Original 6 amendment
Attached (between Collier County and Habitat) Documents Attached documents
PO number or account
number if document is to beCA----
recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,wi' $- -r is Yes N/A(Not
appropriate. \� (Initial) Applica, le)
1. Does the document require the chairman's original sig • ure?STAMPED SIGNATURE IS ok n/a r i'4�
-
2. Does the document need to be sent to another agency for •itional signatures? If yes, no
provide the Contact Information(Name;Agency;Address;Phone .- ..• _•:-•-• eet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be yes
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the yes
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's yes
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 11/10/2015 and all changes yes ` �z�g���ot
made during the meeting have been incorporated in the attached document. The 1g '
Count Attorne 's Office has reviewed the chanes,if a' slicable. __........2.-- 0 ii
9. Initials of attorney verifying that the attached document is the version approved by the 3 ;,' "
BCC, all changes directed by the BCC have been made,and the document is ready for t a ®•Ct- ,e 8;,
Chairman's signature. 0$ 4 .,1 � f
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16 .011
MEMORANDUM
Date: November 13, 2015
To: Lisa Oien, Grant Coordinator
Community & Human Services
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Amendment #3 to NSP 1 between Collier County & Habitat for
Humanity
Amendment #6 to NSP 3 between Collier County & Habitat for
Humanity
Both CFDA: 14.218
Attached are two (2) original amendment to the agreement referenced above, (Item
#16D1) approved by the Board of County Commissioners on Tuesday, November 11,
2015.
An original has been kept by the Minutes and Records Department for the
Official Records of the Board.
If you have any questions, please feel free to contact me at 252-7240.
Thank you.
Attachment
1 6 0 11
NEIGHBORHOOD STABILIZATION PROGRAM 1
AMENDMENT NO. 3 TO DEVELOPER AGREEMENT BETWEEN COLLIER COUNTY AND
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
CFDA: 14.218
THIS AMENDMENT, made and entered into on this Ili day of fk ()\,/ , coli is by and between the
parties to the Agreement between Habitat for Humanity of Collier County, Inc, EIN 59-1834379, (d/b/a/ Habitat
for Humanity), authorized to do business in the State of Florida, whose business address is 11145 Tamiami Trail E
Naples FL 34113, (hereinafter called the "Developer") and Collier County, a political subdivision of the State of
Florida(hereinafter called the "County" or"Grantee"), hereinafter collectively known as the "Parties".
RE: NEIGHBORHOOD STABILIZATION PROGRAM B-08-UN-12-0003
In order to continue the services provided for in the original Agreement document referenced above, the parties
agree to the following amendments:
Words els Through are deleted; Words Underlined are added:
RECITALS:
WHEREAS, on April 24, 2012, the Parties entered into Neighborhood Stabilization Program 1, CFD
No.12.218, Developer Agreement ("Agreement"); and
WHEREAS, on February 12, 2013, the Parties entered into Amendment 1 to the Agreement; and
WHEREAS, on June 24, 2014, the Parties entered into Amendment 2 to the agreement to provide
expanded guidance on NSP appraisal requirements; and add Exhibit C to establish a Land Bank Plan for the NSP1
Developer Agreement in order to enable the NSP1 program to closeout in compliance with HUD NSP Closeout
Guidelines; and
WHEREAS, the Parties desire to further amend the Agreement by adding a resale provision to the
Agreement.
NOW THEREFORE, in consideration of the foregoing Recitals, and other good and valuable
consideration, the Parties agree to modify Exhibit A-2 to the Agreement as follows:
EXHIBIT A-2. Affordability Requirements
* * *
1I [7 ,�
.
16D11
GENERAL
HOMEOWNERSHIP: LONG TERM AFFORDABILITY
* * *
LONG TERM AVAILABILITY
FOR DEVELOPER SOLD PROPERTIES.
Resale: 24 CFR 92.252(a), (c), (e), and (f), and 92.254
Resale restrictions shall be implemented for every home buyer property constructed, redeveloped, or
rehabilitated, in whole or in part, with NSP funds in the form of a development subsidy. A
development subsidy consists of the difference between the cost of producing the unit and the fair
market value of the property. If NSP funds are provided to the property it will be subject to a resale
restriction. If the home buyer determines that it no longer intends to use the property as its principal
residence, resale restrictions require the homebuyer to sell the property to a family that will use the
property as its principal residence and meets the income limits described in the lien and restrictive
covenant on that property. The house must be affordable to a range of new buyers in the target
affordable range. The new buyer must occupy house as principal residence. The remaining resale
restrictions apply to new buyer, for the period of affordability.
The original homebuyer is entitled to a fair return on its investment (as described below) upon the sale
of the property. The fair return will be based on the percentage change in the Consumer Price Index for
All Urban Consumers Owners' Equivalent Rent of Primary Residence category in Table I of the CPI
Detailed Report (the "CPI Index") during the period of the homebuyer's ownership. Accordingly, the
CPI Index during the month the residence was completed (the month during which the completion
reports were received by and approved by IHCDA) will be compared to the CPI Index during the
month the original home buyer sells the residence to determine the percentage of the return. The
homebuyer's investment will include any down payment paid by the homebuyer plus any capital
improvements. A capital improvement is any property enhancement that increases the overall value of
the property, adapts it to new uses, or extends its life such as: adding windows, insulation, a new drive
way, a new furnace, a garage, bedroom, new roof, remodeling kitchen, etc. Any capital improvement
will be valued based on actual cost as documented by the original homebuyer's receipts. Generally,
replacing worn dated components such as appliances or carpet would not be considered an improvement
that adds value
or adapts it to new uses.
The purchasing family should pay no more than thirty (30%) of its gross family income towards the
principal, interest, taxes and insurance for the property on a monthly basis. In certain circumstances,
such as a declining housing market where home values are depreciating, the original home buyer may
2IPap
•
16011
not receive a return on his or her investment because the home sold for less or the same price as the
original purchase price and a loss on investment may constitute a fair return.
Resale Example:
Assumption: NSP funds total
development Total Development
Costs (TDC) $120,000 Sale price
based on appraisal $90,000 Principle
reduction $10,000
First Purchase mortgage $80,000
Closing cost assistance $1,600
Amount determining compliance
$120,000
Compliance period 15
In the event of a deed in lieu of foreclosure or a foreclosure the lien holder or mortgagee will insure that
that home be sold to a family that will use the property as its principle residence and meets the income
limits described in the lien and restrictive covenant on the property.
* *
(Signature Page to Follow)
31I) g
16011
IN WITNESS WHEREOF, the GRANTEE and DEVELOPER, have each, respectively,
by an authorized person or agent, hereunder set their hands and seals on the date and year
first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Dwight E. Brock, Clerk of Courts COLLIER COUNTY, FLORIDA
l y�1
By: ir �L r _l t $ By: / v
Dated:' j Tim Nance, Chairman
(SEAL)
Attest as to t;nalrman's
signature only. Habitat for Humanity of Collier County, Inc.
A Florida not-for-profit corporation
By:,61. -
Print: K
j G' IC ev/ah.c..as
Title: F. v p
Approved as to form and legality:
Jenni er A. Belpedi
Assistant County Attorney
Wage
1 6 0 11
NEIGHBORHOOD STABILIZATION PROGRAM 3
AMENDMENT NO. 6 TO DEVELOPER AGREEMENT BETWEEN COLLIER COUNTY AND
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
CFDA: 14.218
"b ,
THIS AMENDMENT, made and entered into on this day of ��V/ ac t S is by and between the
parties to the Agreement, Habitat for Humanity of Collier County, Inc, EN 59-1834379, (d/b/a/ Habitat for
Humanity), authorized to do business in the State of Florida, whose business address is 11145 Tamiami Trail E
Naples FL 34113, (hereinafter called the "Developer") and Collier County, a political subdivision of the State of
Florida(hereinafter called the "County"), hereinafter collectively known as the "Parties".
RE: NEIGHBORHOOD STABILIZATION PROGRAM B-11UN-12-0003
In order to continue the services provided for in the original Agreement document referenced above, the parties
agree to the following amendments:
Words Struck Through are deleted; Words Underlined are added:
RECITALS:
WHEREAS, on January 8, 2013, the Parties entered into Neighborhood Stabilization Program 3,
Developer Agreement ("Agreement"); and
WHEREAS, on February 12, 2013, the Parties entered into Amendment 1 to the Agreement to establish
land bank activities; and
WHEREAS, on June 24, 2013, the Parties entered into Amendment 2 to the Agreement to clarify eligible
activity goals and dispursment of funds; and
WHEREAS, on July 9, 2013, the Parties entered into Amendment 3 to the Agreement to adjusted the terms
and conditions of funding and the dispersment of funds; and
WHEREAS, on March 11, 2014, the Parties entered into Amendment 4 to the Agreement to clarified
expenditure deadlines and added the land bank plan, Exhibit C; and
WHEREAS, on June 24' 2014, the Parties entered into Amendment 5 to provide expanded guidance on
NSP appraisal requirements; and
NOW THEREFORE, in consideration of the foregoing Recitals, and other good and valuable
consideration, the Parties agree to modify Exhibit A-1 to the Agreement as follows:
Statement of Understanding
RE: NEIGHBORHOOD STABILIZATION PROGRAM B-11UN-12-0003
11 P a
6 D 1 1
In order to continue the services provided for in the original Agreement document referenced above, the parties
agree to amend the Agreement as follows:
Words Struck Through are deleted; Words Underlined are added:
(Dollar amounts have original underlines)
WITNESSETH:
EXHIBIT A-1. Affordability Requirements
* * *
GENERAL
HOMEOWNERSHIP: LONG TERM AFFORDABILITY
* * *
LONG TERM AVAILABILITY:
FOR DEVELOPER SOLD PROPERTIES
Resale: 24 CFR 92.252(a), (c), (e), and (f), and 92.254
Resale restrictions shall be implemented for every home buyer property constructed, redeveloped, or
rehabilitated, in whole or in part, with NSP funds in the form of a development subsidy. A
development subsidy consists of the difference between the cost of producing the unit and the fair
market value of the property. If NSP funds are provided to the property it will be subject to a resale
restriction.If the home buyer determines that it no longer intends to use the property as its principal
residence, resale restrictions require the homebuyer to sell the property to a family that will use the
property as its principal residence and meets the income limits described in the lien and restrictive
covenant on that property. The house must be affordable to a range of new buyers in the target
affordable range. The new buyer must occupy house as principal residence. The remaining resale
restrictions apply to new buyer, for the period of affordability.
The original homebuyer is entitled to a fair return on its investment (as described below) upon the sale
of the property. The fair return will be based on the percentage change in the Consumer Price Index for
2IPage
1 6 0 11
All Urban Consumers Owners' Equivalent Rent of Primary Residence category in Table I of the CPI
Detailed Report (the "CPI Index") during the period of the homebuyer's ownership. Accordingly, the
CPI Index during the month the residence was completed (the month during which the completion
reports were received by and approved by IHCDA) will be compared to the CPI Index during the
month the original home buyer sells the residence to determine the percentage of the return. The
homebuyer's investment will include any down payment paid by the homebuyer plus any capital
improvements. A capital improvement is any property enhancement that increases the overall value of
the property, adapts it to new uses, or extends its life such as: adding windows, insulation, a new drive
way, a new furnace, a garage, bedroom, new roof, remodeling kitchen, etc. Any capital improvement
will be valued based on actual cost as documented by the original homebuyer's receipts. Generally,
replacing worn dated components such as appliances or carpet would not be considered an improvement
that adds value
or adapts it to new uses.
The purchasing family should pay no more than thirty (30%) of its gross family income towards the
principal, interest, taxes and insurance for the property on a monthly basis. In certain circumstances,
such as a declining housing market where home values are depreciating, the original home buyer may
not receive a return on his or her investment because the home sold for less or the same price as the
original purchase price and a loss on investment may constitute a fair return.
Resale Example:
Assumption: NSP funds total
development Total Development
Costs (TDC) $120,000 Sale price
based on appraisal $90,000 Principle
reduction $10,000
First Purchase mortgage $80,000
Closing cost assistance $1,600
Amount determining compliance
$120,000
Compliance period 15 years
In the event of a deed in lieu of foreclosure or a foreclosure the lien holder ormortgagee will insure that
that home be sold to a family that will use the property as its principle residence and meets the income
limits described in the lien and restrictive covenant on the property.
31P agc
1
6 0 1 1 '
IN WITNESS WHEREOF, the GRANTEE and DEVELOPER, have each, respectively,
by an authorized person or agent, hereunder set their hands and seals on the date and year
first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Dwight E. Brock, Clerk of Courts COLLIER COUNTY, FLORIDA
By: �, At :a By:
Dated: C Tim Nance, Chairman
(SEAL) ,
Attest as to Chairman's
signature only. Habitat for Humanity of Collier County, Inc.
A Florida not-for-profit corporation
By:"Z f j!
Print: Alo- c, ,ovi
Title: 'C V ?
Approved as to form and legality:
Zr�
Je fer A. Belpedio
Assistant County Attorney
4Ii