Agenda 06/28/2016 Item #16D17 6/28/2016 16.D.17.
t-1 EXECUTIVE SUMMARY
Recommendation to approve two State Housing Initiative Partnership Sponsor Agreements
between Collier County and Big Cypress Housing Corporation,contract award$500,000,for rental
rehabilitation and Community Assisted and Supported Living, Inc., contract award $412,500 for
the administration of rental acquisition.
OBJECTIVE: To continue to promote affordable housing strategies for low- to moderate-income
persons through the State Housing Initiatives Partnership Program.
CONSIDERATIONS: The William E. Sadowski Affordable Housing Act provides additional funding to
local communities to promote and advance affordable housing initiatives. Funds are generated through
documentary stamp tax on real estate transactions.Under the State Housing Initiatives Partnership(SHIP)
program, Collier County and the City of Naples receive funds from the State of Florida through the
Florida Housing Finance Corporation to undertake eligible activities.
The SHIP Local Housing Assistance Plan(LHAP) identifies eligible strategies and serves as a guideline
for the use of all SHIP funds. Rental Acquisition and Rehabilitation will assist in preserving the rental
inventory and assist in reducing declines in property values that result from deterioration. Rental
Acquisition will assist in increasing availability of rentals, a need that has been identified in the LHAP
and discussed at the housing workshop.
Staff advertised a grant application cycle on February 29,2016 with a 21-day submittal period to secure a
n for-profit or a non-profit organization to implement the Rental Rehabilitation/Rental Acquisition strategy.
Community and Human Services (CHS) received three applications in response, from Big Cypress
Housing Corporation (BCHC), Collier Affordable Rentals, and Community Assisted and Supported
Living, Inc. (CASL). On April 11,a review panel interviewed the applicants and recommended award to
CASL and BCHC.
SHIP Sponsor Agreement with Big Cypress Housing Corporation:
BCHC operates as a non-profit community development corporation providing services to South and
Southwest Florida residents of low-to-moderate income. BCHC owns and operates affordable rental
developments throughout the area.BCHC plans to rehabilitate the property located at 104 Anhinga Circle,
in Immokalee for a total interior and exterior rehabilitation of 40 units. BCHC will carry out the
rehabilitation through procurement of a general contractor or specialty trades,perform the overall contract
management and shall perform technical and administrative work involving the repair and renovation of
the rental properties. The $500,000 award is in the form of a loan, all of which will be secured by a note
and mortgage against the property.Half of the loan($250,000)will be disbursed once the agreement is in
place.The second half will be disbursed when BCHC has demonstrated expenditure of the first half of the
funds.A Land Use Restriction will also be placed on the property.
SHIP Sponsor Agreement with Community Assisted and Supported Living,Inc.:
CASL has operated as a non-profit throughout Southwest Florida for the last 20 years. CASL owns and
operates over 20 rental units in Collier County. The Agreement provides for CASL to acquire two
properties to be used for affordable rental in Collier County and is designed to assist income-eligible
special needs renters.The total award is$412,500.Funds will be wired at the time of closing. In addition,
Collier County CHS will secure a note and mortgage against the property to ensure all funds are
protected.
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FISCAL IMPACT: Funds are available within SHIP Grant Fund 791, Project Nos. 33331, 33429, and
33467. The proposed action does not have an impact on the General Fund due to a recent notification of
state funding which will provide future administration through FY17.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a
majority vote for Board approval.-JAB
GROWTH MANAGEMENT IMPACT: These projects will allow the County to expand affordable
housing opportunities for its citizens and further the goals of the Housing Element of the Collier County
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign State Housing Initiative Partnership Sponsor Agreements with Big Cypress Housing
Corporation and Community Assisted and Supported Living,Inc.
Prepared By:Raynesha Hudnell,Grant Coordinator,Community and Human Services
Attachments:
1.Big Cypress Housing Corporation Agreement
2.Big Cypress Housing Corporation Promissory Note and Mortgage
3.Big Cypress Housing Corporation—Land Use Restriction Agreement
4.Community Assisted and Supported Living Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.17.
Item Summary: Recommendation to approve two State Housing Initiative Partnership
Sponsor Agreements between Collier County and Big Cypress Housing Corporation, contract
award $500,000,for rental rehabilition and Community Assissted and Supported Living, Inc.,
contract award $412,500 for the administration of rental acquisition.
Meeting Date: 6/28/2016
Prepared By
Name: HudnellRaynesha
Title: Grants Coordinator,Community&Human Services
6/6/2016 5:36:28 PM
Submitted by
Title: Grants Coordinator,Community&Human Services
Name: HudnellRaynesha
6/6/2016 5:36:30 PM
Approved By
Name: TownsendAmanda
Title:Division Director-Operations Support,Public Services Department
Date: 6/8/2016 9:10:35 AM
Name: LopezMaggie
Title: Supervisor-Accounting, Community&Human Services
Date: 6/10/2016 11:57:40 AM
Name:AlonsoHailey
Title: Operations Analyst,Public Services Department
Date: 6/10/2016 3:47:26 PM
Name: GrantKimberley
Title:Division Director-Cmnty&Human Svc,Community&Human Services
Date: 6/13/2016 11:26:40 AM
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Name: SonntagKristi
Title:Manager-Federal/State Grants Operation,Community&Human Services
Date: 6/14/2016 4:31:21 PM
Name: BelpedioJennifer
Title:Assistant County Attorney,CAO General Services
Date: 6/14/2016 4:55:58 PM
Name: CarnellSteve
Title:Department Head-Public Services,Public Services Department
Date: 6/15/2016 10:21:32 AM
Name: RobinsonErica
Title:Accountant, Senior,Grants Management Office
Date: 6/17/2016 8:49:02 AM
Name: BelpedioJennifer
Title:Assistant County Attorney,CAO General Services
Date: 6/20/2016 1:51:19 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/20/2016 2:50:29 PM
Name: StanleyTherese
Title:Manager-Grants Compliance,Grants Management Office
Date: 6/20/2016 2:53:20 PM
Name: CasalanguidaNick
Title: Deputy County Manager,County Managers Office
Date: 6/20/2016 5:13:02 PM
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6/28/2016 16.D.17.
Grant-SHIP FY 2014-2015
Activity: -Rental Rehabilitation
SPONSOR: -Big Cypress Housing
Corporation
DUNS#-064723252
CSFA#- 52.901
AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AGREEMENT is made and entered into this day of , 2016,
by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or
Grantee")having its principal address as 3339 E. Tamiami Trail, Suite 211,Naples FL 34112, and Big
Cypress Housing Corporation a private not-for-profit corporation existing under the laws of the State
of Florida, having its principal office 19308 SW 380th Street, Florida City, FL 33034
("SPONSOR").
WHEREAS, the COUNTY is the recipient of State Housing Initiatives Partnership Program
(SHIP) Program funds; and
WHEREAS, pursuant to the SHIP Program, the COUNTY is undertaking certain activities to
primarily benefit persons or households earning not greater than 50% of median annual income
adjusted for family size; and
WHEREAS, the Fiscal Years 2013-2016 Local Housing Assistance Plan, as amended, was
adopted by the Board of County Commissioners on April 23, 2013, Resolution No. 2013-94 (16.D.5)
and further amended on March 22, 2016 Resolution No 2016-58 (Item 11D) and
WHEREAS, the COUNTY and the SPONSOR desire to provide rental rehabilitation in
accordance with this Agreement and the aforementioned Local Housing Assistance Plans;and
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
I. DEFINITIONS AND PURPOSE
A. DEFINITIONS
Terms shall be as defined in the State Housing Incentives Partnership (SHIP) Program,
Florida Statute 420.9071 and Chapter 67-37 of the Florida Administrative Code, and any
amendments thereto (also referred as the SHIP Program).
B. PURPOSE
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The purpose of this Agreement is to state the terms and conditions under which the
SPONSOR will implement the Scope of Service summarized in Section II of this
Agreement.
II. SCOPE OF SERVICE
The 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 Exhibits B — C (Rental Rehabilitation Project Requirements and
Budget Narrative) in accordance with the terms and conditions of Requests for Applications,
Rental Rehabilitation/Rental Rehabilitation and Acquisition or Acquisition, State Housing
Initiatives Partnership Funding Cycle Fiscal Years 2014-2015 and 2015-2016 SPONSOR'S
Application dated March 21,2016.
III. SPECIAL GRANT CONDITIONS
A. Within 30 days of the execution of this Agreement,the SPONSOR must deliver to CHS
for approval a detailed project schedule for the implementation through completion of
the project to include staff assignment.
B. The following resolutions and policies must be adopted, if not previously adopted, by
the SPONSOR's governing body within 60 days of contract execution:
1. Affirmative Fair Housing Policy
2. Procurement Policy including Code of Conduct
3. Affirmative Action Policy
4. Conflict of Interest Policy
5. Equal Opportunity Policy
6. Sexual Harassment Policy
7. Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973,as amended(29 U.S.C. 794)
8. Fraud Policy
9. Tenant Waitlist Policy
10. Tenant Grievance Policy
11. Tenant Guidelines(Income)
IV. TIME OF PERFORMANCE
This Agreement shall be in effect from June 1, 2016 through June 30, 2017 for FY 14-15
funding, and all services required hereunder shall be completed in accordance with the schedule
set forth in Exhibit B (Rental Rehabilitation Project Requirements). This agreement must
remain in effect throughout the development process of the Project and is terminated upon
completion of acquisition and rehabilitation, rehabilitation and initial lease-up of all units,
including all SHIP-assisted units.
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V. AGREEMENT AMOUNT
It is expressly agreed and understood that the total amount to be disbursed by the COUNTY for
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the use by the SPONSOR during the term of the Agreement shall not exceed FIVE HUNDRED
THOUSAND DOLLARS ($500,000.00).
The budget identified for the Project shall be as follows
Line Item Description SHIP Funds
Project Component One: Rehabilitation to rental $500,000.00
units. (Maximum$30,000.00 per unit)
TOTAL $500,000.00
Modifications to the "Budget and Scope" may only be made if approved in advance by the
COUNTY. Budgeted fund shifts between cost categories and activities shall not be more than
10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category
and activity shall only be made with Board approval.
All services specified in Section II. Scope of Services shall be performed by SPONSOR
employees, or shall be put out to competitive bidding under a procedure acceptable to the
COUNTY and State requirements. The SPONSOR shall enter into contract for improvements
with the lowest, responsive and qualified bidder. Contract administration shall be handled by
the SPONSOR and monitored by CHS, which shall have access to all records and documents
related to the project.
The County will secure the awarded amount with a note and mortgage. The Note will bear
interest at 0%percent interest per year.
If the SPONSOR complies with the terms and conditions of this Agreement, then the lien
established by the Mortgage shall expire as set forth in the Mortgage.
If the SPONSOR offers the Property for sale before fifteen (15) years after the SPONSOR's
receipt of the Certificate of Occupancy, or at any other time when there are existing mortgages
on the Property funded under the SHIP program, then the SPONSOR must give a right of first
refusal (ROFR) for a 90 day period, to experienced non-profit organizations, reasonably
approved by the County for purchase of the Property, at the then current market value, for
continued occupancy by eligible persons. The 90 day right of first refusal period begins when a
legal advertisement appears in a local newspaper of general circulation or other method
authorized by statute or regulation offering the Property for sale to non-profit organizations.
County approval of any nonprofit organization submitting an offer of the full requested sale
price or any other offer considered in the sole determination of the SPONSOR to be reasonable,
will be based on the criteria listed in the affordable multi-family rental housing development
strategy sponsor selection criteria, in the County's FY 2013-2016 SHIP Local Housing
Assistance Plan. If either(a)the 90-day right of first refusal period expires and the SPONSOR
is not then a party to an active contract for purchase and sale of the Property, with an eligible
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nonprofit organization, reasonably approved by the County; or (b) a contract for purchase and fi
sale of the Property is entered into by the SPONSOR and an eligible nonprofit organization,
reasonably approved by the County, within such 90-day ROFR period but terminated by either
party pursuant to the terms thereof subsequent to the 90-day period then the SPONSOR can
offer the property for the fair market value for continued occupancy with eligible tenants.
The County shall provide an initial loan disbursement of$250,000 for rehabilitation activities
and will reconcile actual expenditures reported to the funds disbursed to the Sponsor based on
the properly completed Invoice with an accompany Al A or equivalent documentation. Once
the initial loan disbursement is reconciled and expended by the Sponsor, the Sponsor shall
submit a final loan request for $250,000 until all funds are disbursed not to exceed $500,000.
All funds are secured by a promissory note and mortgage signed prior to the disbursement of
any funds to secure the funds. Should the SPONSOR fail to perform the promissory note will
be due and payable for the amount disbursed to date.
Any funds disbursed to the Sponsor that are not expended or were determined tohave been
expended for unallowable costs shall be considered overpayment to the Sponsor. The County
shall recoup such overpayments. In the event an overpayment is identified after the end of the
contract and no further invoice is due, the Sponsor shall remit the overpayment to the County
via check.
The County shall release a check in the amount of$250,000 upon entering an agreement with
SPONSOR for Rental Rehabilitation funds and secure a 0% subordinate mortgage and
forgivable note for the rehabilitation. Thereafter the SPONSOR will request a second loan
disbursement upon submission and approval by CHS of SPONSOR'S AIA documentation that
shows funds have been expensed properly and in a timely manner for the initial loan
disbursement. The SPONSOR shall ensure the performance of this Agreement. The second
loan disbursement for rehabilitation will not occur if the SPONSOR fails to perform the
minimum level of service required by this Agreement. Final reconciliation invoices are due no
later than 90 days after the end of this Agreement.
No disbursements will be made until approved by CHS and the Collier County Clerk of Courts
for grant compliance and adherence to any and all applicable local, state or federal
requirements. The second loan disbursement will be made upon receipt of a properly completed
invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local
Government Prompt Payment Act."
The COUNTY reserves the right to withhold any future loan disbursements as a result of
incomplete or altered invoices, inadequately documented expenses, or expenses for items and
services the COUNTY deems not to be usual, customary and reasonable expenses related to
improvements of the Project. Additionally, the COUNTY reserves the right to not pay any
contractor, subcontractor,material men or supplier wherein a dispute arises.
The COUNTY shall provide the second loan disbursement for the rehabilitation work
performed based on the SPONSOR'S delivery to the COUNTY (i) an invoice, and subsequent
documents to support the first loan disbursement to include but not limited to (ii) AIA 0703,
(iii) second loan disbursement request, (iv) the delivery of an executed Partial Release of Lien
or Final Release of Lien for the work associated with the application for second loan
disbursement, and (v) such other documentation and information as reasonably requested by
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the COUNTY. All disbursements by the COUNTY will be made to the SPONSOR who shall
be responsible for paying the Contractor. Notwithstanding anything herein to the contrary,the
COUNTY shall have no obligation to fund the work if(i)the SPONSOR is in default under the
terms of this Agreement or any other agreement between the SPONSOR and the COUNTY, or
(ii) the request includes items not in a budget approved by the COUNTY. The COUNTY has
the right, to be exercised in its sole and absolute discretion, to delay funding of the work until
such time that it receives a title endorsement from a nationally recognized title insurance
company providing that the Property and the improvements thereon, are free from construction
liens, if applicable. The SPONSOR shall comply with Chapter 713, Florida Statutes in all
respects.
VI. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic
means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or
sending. All notices and other written communications under this Agreement shall be addressed
to the individuals in the capacities indicated below, unless otherwise modified by subsequent
written notice.
COLLIER COUNTY ATTENTION: Raynesha Hudnell, Grant Coordinator
Collier County Government
Community and Human Services
3339 E Tamiami Trial, Suite 211
Naples,Florida 34112
Email to: RayneshaHudnell@a,Colliergov.net
Phone: 239-252-5312
SPONSOR ATTENTION: Steve Kirk,President
Big Cypress Housing Corporation
19308 SW 380th Street,POB 343529
Florida City,FL 33034
Email to: Stevekirk@ruralneighborhoods.org
Phone: 305-242-2142
VII. GENERAL CONDITIONS
A. GENERAL COMPLIANCE
The SPONSOR agrees to comply with the requirements as outlined in Section 420.907
of the Florida Statutes and Chapter 67-37 of the Florida Administrative Code, The
SPONSOR also agrees to comply with all other applicable state and local laws,
regulations, and policies governing the funds provided under this Agreement. The
SPONSOR agrees to utilize funds available under this Agreement for Rental
Rehabilitation.
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B. CODE OF ETHICS AND CONDUCT
The SPONSOR shall comply with the Code of Ethics and Conduct for Construction
Professionals developed by Construction Management Association of America(CMAA).
Adhering to this code of ethics is critical to demonstrating ethical conduct within the
construction industry. This code of ethics is not intended to replace, but rather to
supplement, any code of ethics that the SPONSOR already uses in their organization.
C. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties.
The SPONSOR shall at all times remain an "independent contractor" with respect to the
services to be performed under this Agreement. The COUNTY shall be exempt from
payment of all Unemployment Compensation, FICA, retirement benefits, life and/or
medical insurance and Workers' Compensation Insurance, as the SPONSOR is an
independent SPONSOR.
D. WORKERS' COMPENSATION
The SPONSOR, its contractors and subcontractors, shall provide Workers'
Compensation Insurance coverage for all of its employees involved in the performance
of this contract.
E. INSURANCE
The SPONSOR shall furnish a Certificate of Insurance naming Collier County as an
additional insured with general liability limits of at least$1,000,000 per occurrence in
accordance with Exhibit A.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SPONSOR shall indemnify and
hold harmless Collier County, its officers, agents and employees from any and all
claims, liabilities, damages, losses, costs, and causes of action which may arise out of
an act, or omission, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the SPONSOR or any of its agents, officers, servants, employees,
contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the
direction, control, or supervision of the SPONSOR in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph. The SPONSOR shall pay all claims and
losses of any nature whatsoever in connection therewith and shall defend all suits in the
name of the COUNTY and shall pay all costs (including attorney's fees) and
judgments which may issue there-on. This Indemnification shall survive the termination
and/or expiration of this Agreement. This section does not pertain to any incident
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arising from the sole negligence of Collier County. The foregoing indemnification shall
not constitute a waiver of sovereign immunity beyond the limits set forth in Section
768.28,Florida Statutes.
G. GRANTOR RECOGNITION
The SPONSOR agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports and
similar public notices prepared and released by the SPONSOR for, on behalf of, and/or
about the Program shall include the statement:
"FINANCED BY FLORIDA HOUSING FINANCING COPORATION (FHFC)
AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES
DIVISION"
and shall appear in the same size letters or type as the name of the SPONSOR. This
design concept is intended to disseminate key information regarding the development
team as well as Equal Housing Opportunity to the general public. Construction signs
shall comply with applicable COUNTY codes.
H. AMENDMENTS
The COUNTY and/or SPONSOR may amend this Agreement, at any time, provided
that such amendments make specific reference to this Agreement, and are executed in
writing, signed by a duly authorized representative of each organization, and approved
by the Grantee's governing body. Such amendments shall not invalidate this
Agreement, nor relieve or release the Grantee or SPONSOR from its obligations under
this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with federal,
state or local governmental guidelines, policies and available funding amounts, or for
other reasons. If such amendments result in a change in the funding, the scope of
services, or schedule of the activities to be undertaken as part of this Agreement, such
modifications will be incorporated only by written amendment signed by both Grantee
and SPONSOR.
Expiration of Agreement: If the SPONSOR does not complete the project within the
time period, the COUNTY Manager or designee may grant a cumulative time extension
of no more than 180 days and modify any subsequent project work plans to reflect the
extension.
SUSPENSION OR TERMINATION
Either party may terminate this Agreement, at any time, by giving written notice to the
other party of such termination, and specifying the effective date thereof, at least 90 days
before the effective date of such termination. In the event of any termination for
convenience, all finished or unfinished documents, data, reports or other materials
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prepared by the SPONSOR under this Agreement shall, at the option of the COUNTY,
become the property of the COUNTY. The COUNTY may also suspend or terminate
this Agreement, in whole or in part, if the SPONSOR materially fails to comply with any
term of this Agreement, or with any of the rules, regulations or provisions referred to
herein, in addition to other remedies as provided by law. If through any cause, the
SPONSOR shall fail to fulfill in a timely and proper manner its obligations under this
Agreement, or violates any of the covenants, agreements, or stipulations of this
Agreement, the COUNTY shall thereupon have the right to terminate this Agreement or
suspend loan disbursements in whole or part by giving written notice to the SPONSOR
of such termination or suspension of loan disbursements and specify the effective date
thereof, at least five (5) working days before the effective date of termination or
suspension.
See Section VII. G. — Corrective Action for escalation steps leading to suspension or
termination for non-compliance. If loan disbursements are withheld, Community and
Human Services Division staff shall specify in writing the actions that must be taken by
the SPONSOR as a condition precedent to resumption of loan disbursements and shall
specify a reasonable date for compliance. Sufficient cause for suspension of loan
disbursements shall include,but not be limited to:
* Ineffective use of funds.
* Failure to comply with Section II, Scope of Service of this Agreement.
* Failure to submit periodic reports as determined by the COUNTY.
J. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by
purchase order or by a written contract and in conformity with the thresholds of Collier
County Purchasing Policy.
Purchasing Threshold Policy
Dollar Range($) Quotes
Under$3K 1 Written Quote
$3K to $50K 3 Written Quotes
Request for Proposal (RFP)
Above$50K Invitation for Bid(IFB)
VIII. ADMINISTRATIVE REQUIREMENTS
A. RECORDS TO BE MAINTAINED
The SPONSOR shall maintain all records required by the COUNTY that are pertinent
to the activities to be funded under this Agreement as established in Exhibit B (Rental
Rehabilitation Project Requirements).
B. RETENTION
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The SPONSOR shall retain all records pertinent to expenditures incurred under this
Agreement for a period of five (5) fiscal years after the funds have been expended and
accounted for, provided applicable audits have been released. Notwithstanding the
above, if there is litigation, claims, audits,negotiations or other actions that involve any
of the records cited and that have started before the expiration of the five-year period,
then such records must be retained until completion of the actions and resolution of all
issues, or the expiration of the ten-year period,whichever occurs later.
C. DISCLOSURE
The SPONSOR shall maintain records in accordance with Florida's Public Information
Law(F.S. 119).
D. CLOSEOUTS
The SPONSOR's obligation to the COUNTY shall not end until all closeout
requirements are completed. Activities during this closeout period shall include,but not
be limited to: disposing of program assets (including the return of all unused materials,
equipment, program income balances, and receivable accounts to the COUNTY), close
out monitoring and determining the custodianship of records. In addition to the records
retention outlined in Section VIII.B, the SPONSOR shall comply with Section 119.021
Florida Statutes regarding records maintenance, preservation and retention. A conflict
between state and federal law records retention requirements will result in the more
stringent law being applied such that the record must be held for the longer duration.
Any balance of unexpended funds which have been disbursed must be returned to the
County. Any funds paid in excess of the amount to which the SPONSOR is entitled
under the terms and conditions of this Agreement must be refunded to the COUNTY.
The SPONSOR shall also produce records and information that complies with Section
215.97, Florida Single Audit Act. At the time of closeout, if not already done, the
County shall secure a note and mortgage on the property for the amount of SHIP funds
invested. The SPONSOR shall be responsible for ongoing reporting, subject to onsite
monitoring, tenant income qualification activities and continued use for a period of 15
years.
E. AUDITS AND INSPECTIONS
1. Audits
Pursuant to Florida Statute 215.97(6) (Florida Single Audit Act), in the event that
the SPONSOR expends a total amount of State awards equal to or in excess of$500,000
in any fiscal year of such SPONSOR, the SPONSOR must have a State single or
project-specific audit for such fiscal year in accordance with Section 215.97, Florida
Statutes; applicable rules of the Executive Office of the Governor and the Comptroller,
and Chapter 10.650,Rules of the Auditor General.
In connection with these audit requirements, the SPONSOR shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This
includes submission of a reporting package as defined by Section 215.97(2)(d), Florida
Statutes, and Chapter 10.650, Rules of the Auditor General. The financial reporting
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package must be delivered to the COUNTY within 45 days after delivery of the
financial reporting package to the SPONSOR but no later than 180 days after the
SPONSOR's fiscal year end. Submit the financial reporting package and Exhibit G to
the Grant Coordinator.
If the SPONSOR expends less than $500,000 in State awards in its fiscal year, an
audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,is
not required. In the event that the SPONSOR expends less than $500,000 in State
awards in its fiscal year and elects to have an audit conducted in accordance with the
provision of Section 215.97, Florida Statutes, the cost of the audit must be paid from
non-State funds.
2. Inspections
The SPONSOR'S records with respect to any matters covered by this Agreement shall
be made available to the COUNTY and/or the FHFC at any time during normal
business hours, as often as the COUNTY or the FHFC deems necessary, to audit,
examine,and make excerpts or transcripts of all relevant data.
F. MONITORING
The SPONSOR agrees that CHS will carry out no less than one (1) annual on-site
monitoring visit and evaluation activities as determined necessary for a period of fifteen
(15) years. At the COUNTY's discretion, a desk top review of the activities may be
conducted in lieu of an on-site visit. The continuation of this Agreement is dependent
upon satisfactory evaluations. The SPONSOR shall, upon the request of CHS, submit
information and status reports required by CHS to enable CHS to evaluate said progress
and to allow for completion of reports required. The SPONSOR shall allow CHS to
monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled as
determined by CHS.
The COUNTY will monitor the performance of the SPONSOR based on goals and
performance standards as stated with all other applicable federal, state and local laws,
regulations, and policies governing the funds provided under this Agreement.
Substandard performance, as determined by the COUNTY, will constitute
noncompliance with this Agreement. If corrective action is not taken by the SPONSOR
within a reasonable period of time after being notified by the COUNTY, contract
suspension or termination procedures will be initiated. The SPONSOR agrees to
provide the COUNTY, or the COUNTY's internal auditor(s) access to all records
related to performance of activities in this agreement.
G. CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or
unacceptable performance under this Agreement. Penalties may be imposed for failures
to implement or to make acceptable progress on such corrective action plans.
In order to effectively enforce Resolution 2013-228, Community and Human Services
(CHS) Division has adopted an escalation policy to ensure continued compliance by
recipients, SPONSORS, or any entity receiving grant funds from CHS. CHS's policy
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for escalation for non-compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being issued to the
entity and will require a corrective action plan be submitted to the Division
within 15 days following the monitoring visit.
• Any pay requests that have been submitted to the Division for payment will be
held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the entity as
needed in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely
manner to the Division, the Division may require a portion of the awarded grant
amount be returned to the Division.
• The Division may require upwards of five percent (5%) of the awarded amount
be returned to the Division, at the discretion of the CHS Director.
• The entity may be considered in violation of Resolution 2013-228.
3. If in the case an Entity continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected, and has been informed by the
Division of their substantial non-compliance,by certified mail;the Division may
require a portion of the awarded grant amount be returned to the Division.
• The Division may require upwards of ten percent (10%) of the awarded amount
be returned to the Division,at the discretion of the CHS Director.
• The entity will be considered in violation of Resolution 2013-228
4. If in the case after repeated notification the Entity continues to be substantially
non-compliant, the Division may recommend the contract or award be
terminated.
• The Division will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The Entity
will be required to repay all funds disbursed by the County for project that was
terminated.
The entity will be considered in violation of Resolution No. 2013-228
If in the case the Entity has multiple agreements with the Division and is found to be
non-compliant, the above sanctions may be imposed across all awards at the Director's
discretion.
H. DISBURSEMENT PROCEDURES
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The Sponsor will retain a Licensed General Contractor, Architect and/or .
Inspector who will perform a review and inspection of the Project prior to each
additional disbursement following the initial loan disbursement, verifying that the costs
claimed are allowable, unit rehabilitation is satisfactory, and reports are timely as
outlined under the provisions of this Agreement. Failure to submit required progress
reports in accordance with Exhibit D may result in disbursement delays as determined
by Community and Human Services.
I. PROGRESS REPORTS
The SPONSOR shall submit regular Quarterly Progress Report (Exhibit F) to the
COUNTY in the form,content and frequency required by the COUNTY.
IX. CIVIL RIGHTS COMPLIANCE
The SPONSOR agrees that no person shall, on the ground of race, creed, color, religion, national
origin, sex, handicap, familial status, marital status or age be excluded from the benefits of, or be
subjected to discrimination under any activity carried out by the SPONSOR in performance of this
Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right
to terminate this Agreement. The SPONSOR will take affirmative action to ensure that all
employment practices are free from such discrimination. Such employment practices include but
are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, termination, rate of pay or other forms of compensation, and selection for
training, including apprenticeship. The SPONSOR agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
X. PROHIBITED ACTIVITY
The SPONSOR is prohibited from using funds provided herein or personnel employed in the
administration of the program for: political activities; sectarian or religious activities; lobbying,
political patronage, and nepotism activities.
XI. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not
be affected thereby, if such remainder would then continue to conform to the terms and
requirements of applicable law.
XII. AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from SHIP grant funds from FHFC and must
be implemented in full compliance with all of SHIP rules and regulations and any agreement
between COUNTY and FHFC governing FHFC funds pertaining to this Agreement. In the
event of curtailment or non-production of said state funds, the financial sources necessary to
continue to pay the SPONSOR all or any portions of the funds will not be available, In that
event, the COUNTY may terminate this Agreement, which termination shall be effective as of
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the date that it is determined by the County Manager or designee, in his-her sole discretion and
judgment, that the funds are no longer available. In the event of such termination, the
SPONSOR agrees that it will not look to, nor seek to hold the COUNTY, nor any individual
member of the County Commissioners and/or County Administration, personally liable for the
performance of this Agreement, and the COUNTY shall be released from any further liability
to the SPONSOR under the terms of this Agreement.
XIII. DEFAULTS,REMEDIES,AND TERMINATION
This Agreement may also be terminated for convenience by either the County or the
SPONSOR, in whole or in part, by setting forth the reasons for such termination, the effective
date, and, in the case of partial terminations, the portion to be terminated. However, if in the
case of a partial termination, the County determined that the remaining portion of the award
will not accomplish the purpose for which the award was made, the County may terminate the
award in its entirety.
The following actions or inactions by the SPONSOR shall constitute a Default under this
Agreement:
A. Failure to comply with any of the rules, regulations or provisions referred to herein, or
such statutes, regulations, executive orders, and SHIP guidelines, policies or directives
as may become applicable at any time;
B. Failure, for any reason, of the SPONSOR to fulfill, in a timely and proper manner, its
obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement;
D. Submission, by the SPONSOR to the COUNTY, of reports that are incorrect or
incomplete in any material respect.
E. Submission by the SPONSOR of any false certification;
F. Failure to materially comply with any terms of this Agreement;
G. Failure to materially comply with the terms of any other agreement between the County
and the SPONSOR relating to the project.
In the event of any default by the SPONSOR under this Agreement, the County may seek any
combination of one or more of the following remedies:
1. Require specific performance of the Agreement, in whole or in part;
2. Require the use of,or change in,professional property management;
3. Require immediate repayment by the SPONSOR to the County of all SHIP
funds the SPONSOR has received under this Agreement;
4. Apply sanctions, if determined by the County to be applicable;
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5. Stop all payments,until identified deficiencies are corrected;
6. Terminate this Agreement by giving written notice to the SPONSOR of such
termination and specifying the effective date of such termination. If the
Agreement is terminated by the County as provided herein, the SPONSOR shall
have no claim of payment or claim of benefit for any incomplete project
activities undertaken under this Agreement.
XIV. OPPORTUNITIES FOR RESIDENTS
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns Iocated in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project.The SPONSOR is encouraged to comply with
Section 3 of the Housing and Community Development Act of 1968.
XV. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS
ENTERPRISES
The SPONSOR will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to
participate in the performance of this contract. As used in this contract, the terms "small ,^
business"means a business that meets the criteria set forth in section 3(a) of the Small Business
Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a
business at least fifty-one (51) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro-Americans,
Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and
American Indians. The SPONSOR may rely on written representations by businesses regarding
their status as minority and female business enterprises, in lieu of an independent investigation.
XVI. AFFIRMATIVE ACTION
The SPONSOR agrees that it shall be committed to carry out pursuant to the COUNTY's
specifications an Affirmative Action Program in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide
Affirmative Action guidelines to the SPONSOR to assist in the formulation of such program.
Prior to the award of funds, the SPONSOR shall submit for approval, a plan for an Affirmative
Action Program. The Affirmative Action Program will need to be updated throughout the
fifteen year affordability period and must be re-submitted to County within 30 days of each
update/modification.
XVII. CONFLICT OF INTEREST
The SPONSOR covenants that no person under its employ who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
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direct or indirect, in the Project areas or any parcels therein, which would conflict in any
manner or degree with the performance of this Agreement and that no person having any
conflict of interest shall be employed by or subcontracted by the SPONSOR. The SPONSOR
covenants that it will comply with all provisions of FL 287.057 "Conflict of Interest", and 2
CFR 200.318, and any additional State and County statutes, regulations, ordinance or
resolutions governing conflicts of interest. Any possible conflict of interest on the part of the
SPONSOR or its employees shall be disclosed, in writing, to CHS provided,however,that this
paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory
requirement that maximum opportunity be provided for employment of and participation of low
and moderate-income residents of the project target area.
The SPONSOR will notify the COUNTY, in writing, and seek COUNTY approval, prior to
entering into any contract with an entity owned, in whole or in part, by a covered person or an
entity owned or controlled, in whole or in part, by the SPONSOR. The COUNTY may review
the proposed contract to ensure that the contractor is qualified and that the costs are reasonable.
Approval of an identity of interest contract will be in the COUNTY's sole discretion. This
provision is not intended to limit the SPONSOR's ability to self-manage the projects using its
own employees.
XVIII.INCIDENT REPORTING
If services to clients are to be provided under this agreement, the SPONSOR and any
subcontractors shall report knowledge or reasonable suspicion of abuse,neglect, or exploitation F
of a child, aged person, or disabled adult to the County.
XIX. RELIGIOUS ORGANIZATIONS
State funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Florida Statue, Chapter 196.011,The
SPONSOR shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment on the basis
of religion and will not limit employment or give preference in employment to persons
on the basis of religion.
B. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
C. It will retain its independence from Federal, State and Local Governments and may
continue to carry out its mission, including the definition,practice and expression of its
religious beliefs, provided that it does not use direct State funds to support any
inherently religious activities, such as worship,religious instruction or proselytizing.
D. The funds shall not be used for the acquisition, construction or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, SHIP
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funds may not exceed the cost of those portions of the acquisition, construction or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to SHIP funds in this part. Sanctuaries, chapels, or
other rooms that a SHIP funded religious congregation uses as its principal place of
worship,however, are ineligible for SHIP funded improvements.
XX. NATURAL DISASTER
In the event of a natural disaster, this Agreement may be suspended or terminated and funds
transferred to recovery activities as determined by the COUNTY. Funds subject to this
provision shall be those that are not contractually committed for construction, design or other
such third party private vendors.
XXI. ENFORCEMENT OF AGREEMENT
The benefits of this Agreement shall inure to, and may be enforced by the COUNTY for the
duration of the Agreement,whether or not the COUNTY shall continue to be the holder of the
Mortgage, whether or not the Project loan may be paid in full, and whether or not any bonds
issued for the purpose of providing funds for the project are outstanding. The SPONSOR
warrants that it has not, and will not, execute any other agreement with provisions contradictory
to, or in opposition to, the provisions hereof, and that, in any event, the requirements of this
Agreement are paramount and controlling as to the rights and obligations herein set forth and
supersede any other requirements in conflict herewith. However, this shall not preclude the
COUNTY from subordinating its loan to construction financing.
XXII. ACQUISITION,RELOCATION,AND DISPLACEMENT:
The SPONSOR acknowledges that the SPONSOR will bear sole responsibility for any costs or
reimbursements, legal or otherwise, from person or persons claiming that they have been
involuntarily displaced by the acquisition of real property associated with development of the
Project.
XXIII. COPYRIGHTS AND PATENTS
If this Agreement results in a book or other copyright materials or patent materials, The
SPONSOR may copyright or patent such, but Collier COUNTY and the State of Florida
reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise
use such materials and to authorize others to do so.
XXIV. FORCE MAJURE
The SPONSOR covenants and agrees that subject to matters of force majeure the work shall be
completed on or before Twelve (12) months from the date of this Agreement. This Agreement
shall be amended between the COUNTY and the SPONSOR when all permits have been issued
to set forth and determine the date of commencement of the work. Matters of force majeure
shall include, but not necessarily be limited to bonafide weather disturbances, strikes, shortages
of material, governmental delays, exclusive of those caused by or as a result of the fault of the
Construction Manager, and those matters over which the Construction Manager has no control.
Force maj cure shall not be construed to reduce the obligation of the SPONSOR to timely
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complete the project because of the failure of contractors and subcontractors to timely complete
their work,unless such delay is within the definition of the term force maj eure.
XXV. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of thirty (30) enumerated pages and the exhibits and attachments
referenced herein, shall be executed in two counterparts, each of which shall be deemed to be an
original,and such counterparts will constitute one and the same instrument.
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.
ATTEST:
DWIGHT E.BROCK,CLERK BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY,FLORIDA
,Deputy Clerk By:
DONNA FIALA, CHAIRMAN
Dated:
(SEAL) Date
Big Cypress Housing Corporation
By:
Signature
Steve Kirk,President
Date
Approved as to form and legality:
�`t11
Jennifer A. Belpedio u
Assistant County Attorney
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A
EXHIBIT A
{
INSURANCE REQUIREMENTS
The SPONSOR shall furnish to Collier County, c/o Community and Human Services Division, 3339 E.
Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability including products and completed operations insurance
in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County
must be shown as an additional insured, with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used
in connection with this contract in an amount not less than $1,000,000 combined single
limit for combined Bodily Injury and Property Damage. Collier County shall be named
as an additional insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SPONSOR or the licensed design
professional employed by the SPONSOR, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate, providing for all sums which the SPONSOR and/or
the design professional shall become legally obligated to pay as damages for claims
arising out of the services performed by the SPONSOR or any person employed by the
SPONSOR, in connection with this contract. This insurance shall be maintained for a
period of two (2)years after the certificate of Occupancy is issued. Collier County shall
be named as an additional insured.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage
prior to any construction:
5. Completed Value Builder's Risk Insurance on an"All Risk" basis in an amount not less
than one hundred (100%) percent of the insurable value of the building(s) or
structure(s). The policy shall be in the name of Collier County and the SPONSOR.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001),the SPONSOR shall assure that for activities located in an area identified
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by the Federal Emergency Management(FEMA) as having special flood hazards, flood
insurance under the National Flood Insurance Program is obtained and maintained as a
condition of financial assistance for acquisition or construction purposes (including
rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be kept
in force throughout the duration of the loan and/or contract:
7. Workers' Compensation as required by Chapter 440,Florida Statutes.
8. Commercial General Liability including products and completed operations insurance
in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County
must be shown as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used
in connection with this contract in an amount not less than $1,000,000 combined single
limit for combined Bodily Injury and Property Damage. Collier County as an additional
insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one
hundred(100%) of the replacement cost of the property. Collier County must be shown
as a Loss payee with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone
for the full replacement values of the structure(s) or the maximum amount of coverage
available through the National Flood Insurance Program(NFIP). The policy must show
Collier County as a Loss Payee A.T.I.M.A.
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EXHIBIT B I`
RENTAL REHABILITION PROJECT REQUIREMENTS
The Project is for the rehabilitation of existing affordable residential rental housing in
accordance with the SHIP Program and the Collier County LHAP FY 2013-2016. The SPONSOR
shall perform the following activity under this agreement:
a) Rehabilitate existing rental property
1) Affordability of SHIP -Assisted Units: For the duration of the Affordability Period(15
years), as defined in the Note and Mortgage/Land Use Restriction Agreement(LURA) of
even date, a minimum of forty(40)units in the Project shall be SHIP-Assisted units.
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 50% of the Area Median Income (AMI), 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.
The SPONSOR covenants that a minimum of forty (40) of the units will be rented to income-
eligible tenants as defined by the Department of Housing and Urban Development (HUD). All units
carry rent and occupancy restrictions until June 1, 2031, which remain in force regardless of
transfer of ownership and shall be in accordance with the LURA( incorporated by reference)
and Section V 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
<50% -Very Low 40
Total of Units(Minimum) 40
*Units divided into income category according to SHIP-Assisted units under affordability
period.
This Agreement incorporates, by reference, terms and conditions described in the Mortgage
and Note of even date and any other agreements enforcing the SHIP requirements associated with said
Mortgage and Note. The budget for the Project is estimated to be ($500,000.00) (FIVE HUNDRED
DOLLARS), 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
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incorporated by reference. In no event will rehabilitation commence later than 120 days from the date
of this agreement nor will rehabilitation be completed later than 24 months from the date of this
agreement. Rehabilitation will progress in accordance with the construction schedule submitted by the
SPONSOR to obtain financing.
2.) Compliance: The SPONSOR shall determine and verify the income eligibility of
tenants in accordance with HUD Section 8 housing assistance programs in 24 CFR Part 5 for the
Project. 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. The SPONSOR shall maintain complete
and accurate income records pertaining to each tenant occupying a SHIP-assisted unit. Onsite
inspections will be conducted annually 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.
3.) Restriction on Use: The SPONSOR is required to comply with all applicable program
requirements of the State Housing Initiatives Partnership (SHIP) Program, including but not limited to
Section 420.907-420.9079, Florida Statutes and Rule 67-37, Florida Administrative Code. Any or all
of these regulations may, but are not required to, be specifically set forth in any additional loan
documents executed in connection with the Loan. The SPONSOR shall include such language as the
County may require in any agreements with prospective tenants of the Project, or any portion,thereof
to evidence such requirements.
4.) Default of Subordinate Mortgage: The Subordinate Mortgage and Note shall provide that a
default shall occur if:
a. Sale; if proceeds are not sufficient to pay off the mortgage note,then the property owner
(not-for-profit or for profit)may contact the County regarding a settlement amount of
the SHIP loan.
b. Title transfer, either voluntarily or by operation of law, divested of title by judicial sale,
levy or other proceedings,including foreclosure or Deed in Lieu.
c. Refinance;a refinance of the first mortgage may be approved without repayment if the
request is submitted in writing and the refinance is at a lower fixed rate,with no cash
out, in accordance with the"Subordination Policy".
d. Property will no longer serve the intended target population.
e. Repayment of the loan is required in full when any of the aforementioned conditions is
met.
Other defaults that may trigger repayment, if not cured within any applicable cure or notice period
following a monitoring:
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f. Lack of compliance by the SPONSOR with the State statutes or County Codes, which
has not been corrected within thirty days of written notice from the County;
g. The SPONSOR has not begun to offer not less than (40) affordable rental housing to
extremely— low income families and individuals, in accordance with the provisions of
Part 1 of Exhibit B on or before, (June 30,2018);
h. The SPONSOR abandons, and/or ceases to use the Property as affordable rental
housing to tenants,without the prior written approval of the County;
Subject to the rights of USDA Rural Development as First Mortgagee, and Florida Housing as Second
Mortgagee, the outstanding Loan balance shall become due and payable upon default of this
Agreement,the Mortgage or the Note, if not cured within any applicable cure or notice period.
5. Assurance of Public Purpose: The SPONSOR covenants that if the SPONSOR is
unable or unwilling to develop the property in accordance with the terms and conditions incorporated
herein, no lease, sale, or title transfer to any third party shall occur prior to giving the COUNTY, a 90
(Ninety) day notification, during which time the COUNTY shall have the right, solely at the
COUNTY'S discretion, to purchase or find another SPONSOR to purchase the Project, in order to
carry out the eligible activities of the SHIP Program, for an amount not to exceed the amount of funds
provided by the COUNTY through the Program.
6. Affirmative Marketing: The SPONSOR shall adopt appropriate procedures for
affirmatively marketing the SHIP-assisted units. Affirmative marketing consists of good faith efforts to
provide information and otherwise to attract to the available housing, eligible persons from all racial,
ethnic and gender groups in the housing market area. The SPONSOR shall be required to use
affirmative fair housing marketing practices in soliciting renters, determining eligibility, concluding
transactions, and affirmatively further fair housing efforts. The SPONSOR must maintain a file
containing all marketing efforts (i.e. copies of newspaper ads, memos of phone calls, copies of letters,
etc.) to be available for inspection on request by the COUNTY. The SPONSOR must provide a
description of intended actions that will inform and otherwise attract eligible persons from all racial,
ethnic, and gender groups in the housing market of the available housing. The SPONSOR must
provide the COUNTY with an assessment of the affirmative marketing program. Assessment must
include: a)methods used to inform the public and potential renters about federal fair housing laws and
affirmative marketing policy, b) methods used to inform and solicit applications from persons in the
housing market who are not likely to apply without special outreach; and c) records describing actions
taken by the participating entity and/or owner to affirmatively market units; and records to assess the
results of these actions.
7, Tenant Leases and Protections: Tenants applying for rental housing units shall be
qualified on a first-qualified, first-served basis. Tenants must be income-eligible and must occupy the
rental unit as a primary residence. The SPONSOR shall comply with the provisions of the Florida
Landlord Tenant Act defined in Chapter 83 Part II of the Florida Statutes, SHIP Program, and
COUNTY requirements,which prohibit certain lease terms. All tenant leases for assisted units shall be
expressly subordinate to the Mortgage and shall contain clauses, among others, wherein each
individual lessee:
A. Agrees that the household income, household composition and other eligibility
requirements shall be deemed substantial and material obligations of the tenancy; that
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the tenant will comply promptly with all requests for information with respect thereto
from the SPONSOR or the COUNTY, and that tenant's failure to provide accurate
information about household income or refusal to comply with a request for information
with respect thereto shall be deemed a violation of a substantial obligation of his/her
tenancy; and
B. Agrees not to sublease to any person or family who does not meet income qualifications
as determined,verified, and certified by the SPONSOR; and
C. States that the rental unit is the primary residence of the tenant; and
D. Agrees that the lease shall be for a one-year period, unless other terms are mutually
agreed upon by the SPONSOR and tenant.
The SPONSOR will submit to the County, a copy of the tenant/owner lease agreement. Prior to
signing by the tenant, the lease will be reviewed for compliance with affirmative marketing, tenant
selection and SHIP provisions stated in Section 420.907-420.9079,Florida Statues and Rule 67-37,
Florida Administrative Code.
8. Project Requirements: The SPONSOR agrees to not undertake any activity that may
adversely affect historic or environmental sensitivity of the site and to mitigate any findings identified
in an environmental assessment. The SPONSOR agrees that in the event that the Project is located in a
�-.. Designated Flood Zone, all government requirements for construction in a flood zone shall be satisfied.
The SPONSOR shall develop and submit to CHS,within 30 days of contract execution,a rehabilitation
schedule to include the following:
Project rehabilitation will commence and be completed in accordance with the schedule submitted and
in no event will rehabilitation commence later than 120 days from the date of this Agreement nor will
the project be completed later than 24 months from the execution date of this agreement.
Further, "project completion date" will mean issuance of all certificates of occupancy and completion
of initial lease-up.
TENTATIVE SCHEDULE (Not a Condition of Disbursement)
Initial Plans and Permitting Approvals August 30,2016
Bid Solicitation October 1,2016- Initial subcontractor bids
(BCHC projects multiple bids to be awarded due completed.
to types of rehabilitation work to be performed)
Exterior/Interior Work Commenced September 30, 2016
Construction Completed No later than June 30,2018
9. Property Standards: The SPONSOR attests that the Project will meet the standards of
the Florida Building Code and all applicable local codes, standards,ordinances, and zoning ordinances
^ at the time of project completion and throughout the duration of the affordability period. The Project
will also meet the accessibility requirements at 24 CFR part 8,which implements Section 504 of the
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Rehabilitation Act of 1973 (29 U.S.C. 794) and covered multifamily dwellings, as defined at 24 CFR
100.201, and the design and construction requirements at 24 CFR 100.205,which implement the Fair
Housing Act(42 U.S.C. 3601-3619).
In accordance with the Local Housing Assistance Plan, a sponsor shall follow each SHIP Program
strategy program requirements below:
Energy Efficient Best Practices: Section 420.9075(3)(d),F.S. defines Energy Efficient Best Practices
as: Innovative design, green building principles,storm resistant construction or other elements that
reduce long term costs relating to maintenance,utilities or insurance.
Collier County requires the use or inclusion,when appropriate, of the following: energy star
appliances;low-E windows; additional insulation(for increased R-value); ceramic tile;tank-less water
heater; 14 and 15 SEER air conditioning units; stucco; florescent light bulbs; and impact resistant
windows and doors.
10. Property Management: The COUNTY reserves the right to require the SPONSOR to enter
into a contract with a property management firm approved by the COUNTY, for professional
management services for the Property providing for leasing,collection of rents,maintenance and repair
of Property,and other property management tasks as the COUNTY may require. Such contract shall
stipulate that the contract will not be amended or terminated without prior written consent of the
COUNTY.
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EXHIBIT C
Budget Narrative
Rental Rehabilitation
The total SHIP allocation to the SPONSOR for the Rental Rehabilitation,Program shall not exceed
•
ONE MILLION DOLLARS ($500,000.00).
Sources for these funds are as follows:
.:Fiscal Xear; R
ental Rehab Total
2014-2015 $500,000.00 $500,000.00
Total Fundis $5'00,000 00. $500,000.00
Uses of these funds are as follows:
Funds shall be disbursed in the following manner for the following uses:
1. Rehabilitation expenditure per dwelling unit: The expenditure per dwelling unit may not
exceed$ 30, 000
2. Rehabilitation expenditure per property shall not exceed$500,000.
3. The initial disbursement will be issued following execution of agreement.
4. Sponsor shall provide proof of expenditures to equal the initial loan disbursement prior to
receiving the second loan disbursement.
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EXHIBIT D
REPORTS
Report Title Documentation Required Due Date
Quarterly Report Progress report detailing 10 days after the end of the
accomplishments calendar quarter
Invoice for Loan Disbursement Exhibit E and all necessary 30 days after the end of the
Reconciliation supporting documentation preceding month
Loan Disbursement Request Exhibit E,Promissory Note and 2x during grant period(initial
Mortgage(initial request) request 30 days following grant
execution)
Insurance Proof of coverage in accordance Annually within 30 days after
with Exhibit A/Declaration page renewal
SPONSOR Audit Audit report,Management Within 9 months after the end of
Letter and Exhibit G the SPONSOR fiscal year
through 2031
Quarterly Operating Statement Revenue and Expense and all 10 days after the end of the
necessary supporting calendar quarter
documentation as requested
Tenant/Lease Agreement Lease Submit prior to signing by first
tenant and any addendums or
changes thereafter through the
period of affordability
Special Grant Policies See Section III(B) Within 60 days of contract
execution
Project Schedule See Section III (A) Within 30 days of contract
execution
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EXHIBIT "E"
COLLIER COUNTY COMMUNITY AND HUMAN SERVICES
REQUEST FOR LOAN DISBURSEMENT
. SECTION I: REQUEST FOR DISBURSEMENT
Sponsor Name: Big Cypress Housing Corporation
Sponsor Address: 19308 SW 380th Street,Florida City,FL 33034
Project Name: Main Street Village
Project No: Disbursement Request#
Total Disbursement :
Period of Availability:
The Agency has incurred the indebtedness listed below between and
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded $0.00
2. Sum of Past Claims Paid on this Account $0.00
3. Total Grant Amount Awarded Less Sum Of
Past Claims Paid on this Account $0.00
.-. 4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
6. Current Grant Balance(Initial Grant Amount Awarded Less Sum of all
requests) $0.00
I certify that this request for disbursement has been made in accordance with the terms and
conditions of the Agreement between the COUNTY and us as the SPONSOR. To the best of my
knowledge and belief, all grant requirements have been followed.
Signature Date
Title
Authorizing Grant
Authorizing Grant Coordinator Accountant
Supervisor Department Director
(approval required$15,000 and above) (approval required$15,000 and above)
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EXHIBIT"F"
QUARTERLY PROGRESS REPORT
Complete form for preceding quarter and submit to Community and Human Services staff by the 10th of the
following quarterly month.
Status Report for the Quarter Ending: Submittal Date:
Project Name: Project Number:
SPONSOR: Big Cypress Housing Corporation
Contact Person:
Telephone: Fax: E-mail:
PROPERTY UNIT DATA
Number of units under rehab this period
Number of units completed this period
Number of units completed to date
EXPENDITURE DATA
Amount of funds expended this period
Amount of funds expended to date
New Contracts executed this period
Name of Contractor Address Amount of Contract
Income Date
Client Income Category Income Amount
What events/actions are scheduled for the next month?
Identify any issues that may cause delay in meeting scheduled expenditure deadline dates.
Date
Signature
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eti°1
EXHIBIT "G"
ANNUAL AUDIT MONITORING REPORT
monitorCircular 2 CFR 200.500 requires Collier County to .. federal awards to determine if SPONSOR are
....WitlieStabliShed...andiCr000.1.t.00etitS:;::,AcCoroingly;p0ippf.;0?untyHroquires,1110t.all appropriate documentation
••• ...." • • . •• .• ...... ......•••••, ,• ••:•,, . .
is.o0r0
00.rogge:Ogyoutlot?r#0000*.cornp ...„.,.................. ,•:z:.:.:;:.:; . ;. .... ..•.• . . .
•••••.- •.•• • •••.....••....... ••••••••••••. compliance. ....... ...... ..: , . ..:..r...., •
.determining Federal awards expended in a fiscal year, the entity must consider all sourcesFederal,awardstased,..:
....bi7ivvheo:the.4611Vity,f010 .0.t&thef ederal:aWaid-:occurk,..InOlUdinganyfederal',4Ward..p.rOstideq::411bOlilerdetihtYilheir.;•i •
determination of amounts of Federal awards expended shall be in accordance with the guidelines established by....
..............
IlCircular A;.1•33;:•:Idi.fiadelleara.;-ibeqinniria-before:Decernber16.;:-.:2014,end::6tablished by 2 CFR Part 200. Subpart
Audit entsi1,for,.'fiadal;c.yeare'beciinnino.:•cp;•or!;•afteripecertib Or 26, 2014. This form may be used tomonitor
'.'.:FlarideSihbleAUdit;Aet-•-•(Stattiteli597);:requirements...y..,:,.... •• .
SPONSOR
. . ................................... .... . .. :•:,, . . ... . .
Name . .. . ... . ..
. 1:11YY• ••i ............. ............. .......... Last Date of Fiscal Year(MPJ1/DD/YY)
..... ..,........ ""-"" .............................. .................... .......... ..
Total Federal Financial Assistance Expended Total State FinancaI Assistance Expended during most
during most recently completed FIscal Year recently completed Fiscal Year
... . ..... ..... ...
. ........ . . . . . .... .. •....... .
. . • .
................................ .... . ........... ............. •••••''.!: •-• •
Check A or B. Check C if applicable.
• • The federal/state..-experiditure.threShold:.for our..f.iscat..yoar,-6riding as indicated above has been met and a
n • Circular A-133 or:2• CFR Part•200,: Subpart-F.:Single:Audit. has-..beencompleted..-Orwill be completed by
• • • • ::.• Copies of the audit report!nd.:manageoent.t!tter:al.o..attachedor.,wiltbepn71ded.w..,!thin. 9 .
. : days of completion. . • .•::•:•-: :. : : •• •••: ••• ....
...; • • We are to the tequirementsia•OMB Circtilar.A-1,33
. . ......, . ...:.... :
.• Subpart:F because . • • ;. ;,..•::, •:: .
• •;.:Q. :0 Didnot exceedthe expenditure thresholdfor.thefiecal year indicated above•• . • •.. •,• • .. •• .
0...;Are•a for-profit organization • : •... ... • ..• .........
:.....:: • . •• • ...;........::: . . . . . .
0• Are.exerript.fOrother.reasons:explain.:•••• • . • • •••• .• •
• • '• 'An audited financial statement is attached and if applicable,-thelndependent auditor s.manegernent:lOtter:,•:!..
••• •.•• ..•: .•• •• •:• ••:• . ; .„.•• . . .•:•:: .•;•••,.. • •;•:. ••: ..•.•••• :• •••:• .......::;;.
••• :•: ..; ..:„ : : :-; •••;•• ..• : . ••••:••••;..• .. . ..•".:..• • •...• •••: •• •••.. •• , . .. ••... . .
• •
Findings were noted,.a current Status Update of the responses and•correctiya.actiOnsplan is included Separate;
from the written response.proVided.within.the audit report..While:We understand that the audit rePort•containS:a
..'.0 ":. written response to•the.finding(s)., we ere.requesting-.an.updated•status of the correctiveaction(s) being•taken.
•••• -• Please;do:not provide just•a.copy of thewrittenresponse•from y your.audit report, unless it includes details of.
• ..the actions, procedures, policies,etc. implemented and when it was.or,will be implemented. ••;::.;•..:.:• .„:.;;.;....
Certification Statement
• • • •••• ...... ........••• ••.......... • ...:".. ....... . ..•. ,
. ..... ... . ..:. .
•
..„:. ....;,.;.. ...... ........ .......
Signature Date
Print Name and Title
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EXHIBIT"H"
COLLIER COUNTY
CONSTRUCTION REHAB PROGRAM MANUAL OF PRACTICE
SELECTIVE REHAB PROCEDURES as may be amended from time to time,
REFERENCE DATE: JUNE 24,2014
ITEM# 16D.1
PAGE LEFT BLANK INTENTIONALLY
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STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
PROMISSORY NOTE
Borrower: Big Cypress Housing Corporation
140 Anhinga Circle Immokalee FL 34142
(Property Address) (City) (State) (Zip)
1. BORROWER(S) PROMISE TO BAY: 'I/We promise to pay Five Hundred Thousand and 00/100
Dollars ($500,000.00) (this amount will be called "principal") to the order of
Collier County-SHIP or to any other holder of this Note (the "Lendee"), whose
address is 3339 E. Tamiami Trail, Nanles, Florida 34112. I/We understand thethe
Lender may transfer the Promissory Note. The Le-der 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 I/We fail to pay this Note as required, the interest rate shall be twelve percent
(121e per annum from the date when payment of this Note is due until I/We pay it in
full.
3. PATAMNTS: 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
fifteen year term. If sold, title transferred, refinanced, or property will no
longer serve the intended target population after the fifteen year term, no
repayment is required. As long as the borrower continues to own and occupy the
assisted property during the tern of the mortgage, then the loan will not have to be
repaid. My/Our total payment shall be U.S. 8500,000.00.
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 rake a full prepaymeet or eartial prepayment charge. The Note Holder will
use all cf my prepayments to reduce the amount of the principal that 1 owe under
this Note. If I/We make a partial prepaynent, there will be no charges in the OLS
date or in the amount of my monthly payment unless the Note Bolder agrees in writing
//oes to chose changes. :f I/We make a partial prepayment, there will be cc 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 suns already collected from me which
exceeded permitted limits will be refunded to ma/us. The Note Holder may choose to
make this refund by reducing the principal that I/We owe under this Vote or by
making a direct payment to me/us. If a refund reduces principal, the reduction will
be treated as a partial prepayment.
5. 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 Fiest Deed of Trust and to all advances heretofore made or
which may hereafter berade pursuaet 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 Wrest, curing defaults by the Borrower under the First Deed of Trust or for
any other purpose expressly oermitted by the First Deed of ''rust or 00)
constructing, renovating, repairing, furnishing, fixteting 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 Boerewer's ability tosell 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 ox a related
entity of the Borrowei), receiving title to the Property through a foreclosure or
deed in lieu of foreclosure of the First peed 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
teeninate epon 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 Len0er.
/om
7. BORROWER(S) FAILURE TO PAY AS REQUESTED:
(A) Default
1
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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 Bolder 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: Unlees applicable law required a different method, any notice
that must be given to sae/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 1 or at a
different address if I/we give the Note Bolder a notice of my/our different address.
Any notice that must be given to the Note Holder under this Note will be given by
muslin: 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 Nate,
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 individna)ly ox against all of us together. This means that any
one'af us may be required to pay all of the amounts owed under this Note.
10. SALVERS: 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 ir. Borrower. If all er any part, !�
cf 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
cption 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 Borrower notice of acceleration.
The notice shall provide a period of not less than thirty (30) days from the data
the notice is delivered or mailed, within which Borrower must pay all sums secured
by this Security Instrument. If Borrowers) fail to pay these suss 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 sail be subject and sabordirate 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.
WITNESS THE RAND(S) AND SEALS) OF THE UNDERSIGNED.
Borrower - Date
Co-Borrower Date
RETURN TO: Collier County Community & Human Services Division
SHIP PURCHASE ASSISTANCE PROGRAM
3339 E. Tami.am, Trail, Building H, Suite 211 ,•""\
Naples, Florida 34112
2
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Prepared by and Return to:Raynesha Hudnell
Collier County Community&Human Services Division
3339 E.Tamiami Trail,Building H.Suite 211
Naples,Florida 34112
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
SECOND MORTGAGE
THIS SECOND MORTGAGE("Security Instrument-)is given on day of ,2016. The Second
Mortgagor is:
Sig Cypress Housing Corporation, a SPONSOR
("Borrower"). This Security Instrument is given to Collier County- SHIP ("Lender"),%Mich is organized and existing under
the laws of the United States of Arneric:a,arid whose address is 3339 E. Ts.;n' Trail, Naples, Florida 34112.
Borrower owes Lender the sum of Five Hundred Thousand and 00/100 Dollars ($500,000.00). This debt is evidenced by
Borrower's Note dated the same date as this Security Instrument('Second 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 tartlet
population within the fifteen year term. If sold title transferred refinancedor property will no longer serve the intended target
population after the fifteen year term,no repayment is required As long as the borrower continues to own arid occupy the assisted property
during the term of the mortgage,then the loan will not have to be repaid.
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(0)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:Roberts Ridge Tract B and which has the address of:
("Property Address"): 140 Anhinaa Circle Immokalee FL 34142
(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 arid all fixtures now or hereafter a part of the property. All replacements
and additions shell 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 arid
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 arid 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 arid 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 all 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 Borrowers 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.
6. Hazard or Property Insurance Borrower shall keep the improvements now existing or hereafter erected on the Property insured
against loss by tire,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 Lenders 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, 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
coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacemerit
cast 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 Lancer 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 Lender's 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
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6/28/2016 16.D.1 7.
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;Borrowers Loan Application,Leaseholds. Borrower shall
occupy,establish,and use the Property as Borrower's principal residence within slaty days after the execution of this Security Instrument and
shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender
otherwise agrees in wrifmg,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond
Borrower's control. Borrower shall not destroy damage or impair the Property,allows the Property to deteriorate,or commit waste on the
Property.Borrower shah 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 Dien 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 occupancy
of the Property as a principal residence. If this Security Instrument is on leasehold,Borrower shall comply with ali the provision Otte 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 significemtly 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 Lender's 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. My 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,Bcrrower shall pay tee 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 art 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 Properly,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 wilting,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 Borrower's successors in interest. Any forbearance by Lender in
exercising any right or remedy shell not be a waiver of or preclude the exercise of any right er 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. Borrower's 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 personalty 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;Severability.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 Lender's prior written
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 attorneys fees;and(d)lakes such action as Lender may
reasonably require to assure that the lien of this Secure.r^etn,,'n * I*^.rare,inhte In the Property and Borrowers obligation to pay the sums
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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 limes 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 pause 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,arid radioactive materials. As used in this paragraph 20,"Environmental Lava means
federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection.
21. Acceleration;Remedies. Lander shall give notice to Borrower prior to acceleration following Borrowers 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 arid 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 attorneys fees and costs of the title evidence,
22. Release. Upon payment 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,"attorneysfees"shall include any attorneys'fees awarded by
an appellate court.
24. Riders to this Security Instrument If one or more riders ere 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 areas)were a part of this Security Instrument. (Cher*Applicable Box)
LI Adjustable Rate Rider 0 Rate Improvement Rider CI Condominium Rider
0 Graduated Payment Rider 0 14 Family Rider LI Second Horne Rider
0 Balloon Rider ID Biweekly Payment Rider 0 Planned Unit Development Rider
Li 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 of
Signature: Signature:
Steve Kirk
Address: 140 Anhinga Circle
aremoka.lee, FL 341,42
STATE OF FLORIDA
COUNTY OF COLLIER
I hereby certify that, Big Cypress Housing Corporation personally appeared to me known to be the person(s)
described in and who executed the foregoing instrument and acknowledged before me that(He/she/they)executed The same for the purpose
therein expressed.
WITNESS my hand and official seal in the County and State aforesaid this day of ,2016.
My Commission Expires;
(Seal)
Notary Public's Signature
Notary's Printed Name
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6/28/2016 16.D.17.
LAND USE RESTRICTION AGREEMENT
This LAND USE RESTRICTION AGREEMENT (hereinafter called the "Agreement") is made
and entered into as of this day of , 2016 between BIG CYPRESS HOUSING
CORPORATION (hereinafter called the "SPONSOR") and COLLIER COUNTY, a political
subdivision of the State of Florida(hereinafter called the"County") for property located at:
140 ANHINGA CIRCLE,IMMOKALEE, FL 34142
PREAMBLE
WHEREAS, the County has agreed under certain conditions to issue a deferred forgivable loan
using SHIP funds to provide financing for preservation of affordable rental housing for very low
and low-income persons located at 140 Anhinga Circle, Immokalee, FL 34142 in Collier
County, to be occupied by eligible persons as described in the Rental Rehabilitation Project
Requirements (Big Cypress Housing Corporation Rental Rehabilitation project)" hereinafter
called"the Project", Exhibit B in the project agreement signed on ; and
WHEREAS, in addition to any other requirements the County may impose incident to its
mortgage, the Owner has agreed that all housing units shall be leased, rented or made available
on a continuous basis for rental to very low and low-income persons as described in the Rental
Rehabilitation Project Requirements;
WHEREAS, this Land Use Restriction is intended to ensure that the property be used in
accordance with the SHIP program.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
County and the Owner do hereby contract and agree as follows:
AGREEMENT
ARTICLE I. RENTAL HOUSING RESTRICTIONS
1.1 Occupancy
Forty (40) units of the seventy-nine (79) housing units must be set-aside for households
who upon initial occupancy of units must have annual gross incomes equal to or below
eighty percent(50%)for the Collier County Statistical Areas.
1.2 Income/Eligibility
The SPONSOR shall determine and verify the income eligibility of tenants annually in
accordance with HUD 24 CFR Part 5 for the Project. 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' Compliance
Division 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
FY 2016 SHIP
BIG CYPRESS HOUSING CORPORATION
Page 1 of 5
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C
Statutes and Rule 67-37, Florida Administrative Code, as they may be a1.6/28/2016 16.D.17.
time to time(www.floridahousing.org)
1.3 SHIP Affordability
All housing units are subject to affordability limits established for SHIP-assisted rental
units on an annual basis.
1.4 Long-term Affordability
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 50% 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.
1.5 Housing Standards
Rental Units assisted with SHIP funds shall be maintained in compliance with local
building code requirements for the duration of the affordability period. The Owner shall
cooperate with the County by allowing on-site inspection of SHIP-assisted units for
compliance with local code requirements
ARTICLE II. CONSIDERATION
The County has authorized and issued a deferred forgivable loan in the amount of Five Hundred
Thousand ($500,000) to the Owner as an inducement to the Owner to operate the units in the
Project for the benefit of low-income households whose incomes are equal to or less than eighty
(80%) percent of median annual gross income for the MSA for a period of fifteen (15) years
following the issuance of the Certificate of Occupancy. In consideration of the issuance of the
loan by the County for the foregoing purposes, the County and Owner have entered into this
Agreement.
ARTICLE III. 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.
ARTICLE IV. TERM
This Agreement shall become effective upon its execution and shall remain in full force and
effect for a period of fifteen (15) years from the date of the completion of the rehabilitation of
the Project as confirmed by final inspection by the building department and/or issuance of a final
certification of occupancy.
ARTICLE V. INSURANCE
The Owner shall insure the property for the full replacement cost for the duration of the Land
Use Restriction Agreement. Any such policy must be issued by a company acceptable to the
FY 2016 SHIP
BIG CYPRESS HOUSING CORPORATION
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notice prior to cancellation.
ARTICLE VI. DAMAGE,DESTRUCTION OF THE PROJECT
Subject to the superior rights of the holder of any first mortgage, in the event that the Project is
damaged or destroyed,the Owner shall deposit with the County any insurance proceeds and shall
promptly commence to rebuild, replace, repair or restore the Project in such manner as is
consistent with the Loan Documents. The County shall make any such insurance proceeds
available to provide funds for such restoration work. In the event the Owner fails to commence
or to complete the rebuilding, repair, replacement or restoration of the Project after notice from
the County,the County shall have the right, in addition to any other remedies granted in the Loan
Documents or at law or in equity,to repair, restore, rebuild or replace the Project so as to prevent
the occurrence of a default hereunder.
ARTICLE VII. SALE, TRANSFER OR REFINANCING OF THE PROJECT OR
DISSOLUTION OF CORPORATION
The loan for the Project hereunder as to both principal and interest shall be assumable upon
project sale, transfer or refinancing or dissolution of the Owner's Corporation if the proposed
Owner of the Project is an eligible nonprofit organization (approved by the County) and agrees
to maintain all set asides and other requirements of the SHIP Loan Documents for the period
originally specified.
In the event the above-stated conditions are not met, the loan for the Project hereunder as to both
principal and interest shall be due in full upon the sale, transfer or refinancing of the Project.
Notwithstanding, payment of principal and interest in full, these restrictions shall remain in full
force and effect for the term of this Agreement.
ARTICLE VIII. ENFORCEMENT/DEFAULT
The benefits of this Agreement shall inure to, and may be enforced by the COUNTY for the
duration of the Agreement, whether or not the COUNTY shall continue to be the holder of the
Mortgage, whether or not the Project loan may be paid in full, and whether or not any bonds
issued for the purpose of providing funds for the project are outstanding. The SPONSOR
warrants that it has not, and will not, execute any other agreement with provisions contradictory
to, or in opposition to, the provisions hereof, and that, in any event, the requirements of this
Agreement are paramount and controlling as to the rights and obligations herein set forth and
supersede any other requirements in conflict herewith. However, this shall not preclude the
COUNTY from subordinating its loan to construction financing.
If the Owner defaults in the performance of its obligations under this Agreement or breaches any
covenant, agreement or warranty of the Owner set forth in this Agreement, and if such default
remains uncured for a period of thirty (30) days after notice thereof shall have been given by the
County to the Owner (or for an extended period approved by the County if such default stated in
such notice can be corrected, but not within such thirty (30) day period, and if the Owner
commences such correction within such thirty (30) day period, and thereafter diligently pursues
the same to completion within such extended period), then the County may take any lawful
action, whether for specific performance of any covenant in this Agreement or such other
remedy as may be deemed most effective by the County to enforce the obligations of the Owner
with respect to the Project. If a default by the Owner under this Agreement is not timely cured,
FY 2016 SHIP
BIG CYPRESS HOUSING CORPORATION
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Mortgage.
r—. Notwithstanding any of the foregoing, the County will have the right to seek specific
performance of any of the covenants and requirements of this Agreement concerning the
rehabilitation and operation of the Project.
ARTICLE IX. RECORDING AND FILING
Upon execution and delivery by the parties hereto, the County shall cause this Agreement and all
amendments and supplements hereto to be recorded and filed in the official public records of
Collier County.
ARTICLE X. COVENANTS TO RUN WITH THE LAND
This Agreement and the covenants contained herein shall run with the land and shall bind, and
the benefits shall inure to, respectively, the Owner and the County and their respective
successors and assigns during the Term of this Agreement.
ARTICLE XI. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida,with respect to both substantive rights and with respect to procedures and remedies.
ARTICLE XII. ATTORNEY'S FEES AND COSTS
In the event of any legal action to enforce the terms of this Agreement, each party shall bear its
own attorney's fees and costs.
ARTICLE XIII. NOTICE AND EFFECT
Any notice required to be given hereunder shall be given by personal delivery, by registered mail
or by registered expedited service at the addresses specified below or at such other addresses as
may be specified in writing by the parties hereto, and any such notice shall be deemed received
on the date of delivery if by personal delivery or expedited delivery service, or upon actual
receipt if sent by registered mail.
FOR THE COUNTY FOR THE OWNER
Kimberley Grant, Steve Kirk, President
Community and Human Services Department Big Cypress Housing Corporation
3339 East Tamiami Trail Bldg H Suite 211 19308 SW 380th Street
Naples, Florida 34113 Naples,Florida 33034
(239) 252-2273 (305) 242-2142
ATTEST:
DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
, Deputy Clerk By:
Donna Fiala, Chairman
Dated:
(SEAL) Date
FY 2016 SHIP
BIG CYPRESS HOUSING CORPORATION
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BIG CYPRESS HOUSING CORPORATION
By:
Signature
Steve Kirk,President
Date
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney A.
FY 2016 SHIP
BIG CYPRESS HOUSING CORPORATION
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Grant-SHIP FY 2014-2015/2015-2016
Activity: -Rental Acquisition
SPONSOR: - Community Assisted and
Supported Living D.B.A.Renaissance
Manor,Inc.
DUNS#- 940621519
CSFA#- 52.901
AGREEMENT BETWEEN COLLIER COUNTY
AND
COMMUNITY ASSISTED AND SUPPORTED LIVING
D.B.A. RENAISSANCE MANOR,INC.
THIS AGREEMENT is made and entered into this day of , 2016,
by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or
Grantee") having its principal address as 3339 E. Tamiami Trail, Suite 211, Naples FL 34112, and
Community Assisted and Supported Living,Inc.D.B.A. Renaissance Manor,Inc a private not-for-
profit corporation existing under the laws of the State of Florida,having its principal office 1693 Main
Street,Suite A, Sarasota,FL 34236 ("SPONSOR").
�-� WHEREAS, the COUNTY is the recipient of State Housing Initiatives Partnership Program
(SHIP)Program funds; and
WHEREAS, pursuant to the SHIP Program, the COUNTY is undertaking certain activities to
primarily benefit persons or households earning not greater than 80% of median annual income
adjusted for family size; and
WHEREAS, the Fiscal Years 2013-2016 Local Housing Assistance Plan, as amended, was
adopted by the Board of County Commissioners on April 23, 2013, Resolution No. 2013-94 (16.D.5)
and further amended on March 22,2016 Resolution No. 2016-58 (Item 11D) and
WHEREAS, the COUNTY and the SPONSOR desire to provide rental acquisition as in
accordance with this Agreement and the aforementioned Local Housing Assistance Plans; and
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
I. DEFINITIONS AND PURPOSE
A. DEFINITIONS
Terms shall be as defined in the State Housing Incentives Partnership (SHIP) Program,
Section 420.9071, Florida Statutes and Chapter 67-37 of the Florida Administrative
Code,and any amendments thereto (also referred as the SHIP Program).
1
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B. PURPOSE
The purpose of this Agreement is to state the covenants and conditions under which the
SPONSOR will implement the Scope of Service summarized in Section II of this
Agreement.
II. SCOPE OF SERVICE
The 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 Exhibits B — C (Rental Acquisition Project Requirements and
Budget Narrative) in accordance with the terms and conditions of Requests for Applications,
Rental Rehabilitation/Rental Rehabilitation and Acquisition or Acquisition, State Housing
Initiatives Partnership Funding Cycle Fiscal Years 2014-2015 and 2015-2016 SPONSOR's
Application dated March 21, 2016.
III. SPECIAL GRANT CONDITIONS
A. Within 30 days of the execution of this Agreement,the SPONSOR must deliver to CHS
for approval a detailed project schedule for the implementation through completion of
the project to include staff assignment.
B. The following resolutions and policies must be adopted, if not previously adopted, by
the SPONSOR's governing body within 60 days of contract execution:
1. Affirmative Fair Housing Policy
2. Procurement Policy including Code of Conduct
3. Affirmative Action Policy
4. Conflict of Interest Policy
5. Equal Opportunity Policy
6. Sexual Harassment Policy
7. Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
8. Fraud Policy
9. Tenant Waitlist Policy
10. Tenant Grievance Policy
11. Tenant Guidelines(Income)
IV. TIME OF PERFORMANCE
This Agreement shall be in effect from June 1, 2016 through June 30, 2017 for FY 14-15
funding June 1, 2016 through June 30, 2018 for FY 15-16 funding, and all services required
hereunder shall be completed in accordance with the schedule set forth in Exhibit B (Rental
Acquisition Project Requirements). This agreement must remain in effect throughout the
development process of the Project and is terminated upon completion of acquisition and
rehabilitation,rehabilitation and initial lease-up of all units, including all SHIP-assisted units.
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kA
V. AGREEMENT AMOUNT
It is expressly agreed and understood that the total amount to be disbursed by the COUNTY for
the use by the SPONSOR during the term of the Agreement shall not exceed FOUR
HUNDRED TWELVE THOUSAND FIVE HUNDRED ($412,500).
The budget identified for the Project shall be as follows
Line Item Description SHIP Funds
Project Component One: Acquisition of rental $412,500
property. (Maximum is$300,000 per property.)
TOTAL $412,500
Modifications to the `Budget and Scope" may only be made if approved in advance by the
COUNTY. Budgeted fund shifts between cost categories and activities shall not be more than
10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category
and activity shall only be made with Board approval.
All services specified in Section II. Scope of Services shall be performed by SPONSOR
employees, or shall be put out to competitive bidding under a procedure acceptable to the
COUNTY and State requirements. Contract administration shall be handled by the SPONSOR
and monitored by CHS, which shall have access to all records and documents related to the
project.
The County will secure the awarded amount with a note and mortgage. The Note will bear
interest at 0% percent interest per year and forgivable after 15 years if all SHIP terms and
conditions are met.
If the SPONSOR complies with the terms and conditions of this Agreement, then the lien
established by the Mortgage shall expire as set forth in the Mortgage.
If the SPONSOR offers the Property for sale before fifteen (15) years after the SPONSOR's
receipt of the Certificate of Occupancy, or at any other time when there are existing mortgages
on the Property, funded under the SHIP program, then the SPONSOR must give a right of first
refusal (ROFR) for a 90 day period, to experienced non-profit organizations, reasonably
approved by the County for purchase of the Property, at the then current market value, for
continued occupancy by eligible persons. The 90 day right of first refusal period begins when a
legal advertisement appears in a local newspaper of general circulation or other method
authorized by statute or regulation offering the Property for sale to non-profit organizations.
County approval of any nonprofit organization submitting an offer of the full requested sale
price or any other offer considered in the sole determination of the SPONSOR to be reasonable,
will be based on the criteria listed in the affordable multi-family rental housing development
strategy sponsor selection criteria, in the County's FY 2013-2016 SHIP Local Housing
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Assistance Plan, Either (a) the 90-day right of first refusal period expires and the SPONSOR
is not then a party to an active contract for purchase and sale of the Property, with an eligible
nonprofit organization, reasonably approved by the County; or (b) a contract for purchase and
sale of the Property is entered into by the SPONSOR and an eligible nonprofit organization,
reasonably approved by the County, within such 90-day ROFR period but terminated by either
party pursuant to the terms thereof subsequent to the 90-day period.
The County shall wire funds and secure a 0% subordinate mortgage and forgivable for the
acquisition at closing to the title company. The SPONSOR shall provide CHS closing
disclosures seven (7) days prior to closing and submit final ALTA and Title Insurance to CHS
the same day of closing. No wire transfer will be made until approved by CHS and the Collier
County Clerk of Courts for grant compliance and adherence to any and all applicable local,
state or federal requirements. Wire transfer will be made upon receipt of closing disclosures
and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government
Prompt Payment Act."
The amount of wire transfer shall be not more than$300,000. The COUNTY reserves the right
to deny payment of incomplete or altered closing disclosures, inadequately documented
expenses, or expenses for items and services the COUNTY deems not to be usual, customary
and reasonable expenses related to of the Project.
VI. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic
means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or
sending. All notices and other written communications under this Agreement shall be addressed
to the individuals in the capacities indicated below, unless otherwise modified by subsequent
written notice,
COLLIER COUNTY ATTENTION: Raynesha Hudnell, Grant Coordinator
Collier County Government
Community and Human Services
3339 E Tamiami Trial, Suite 211
Naples,Florida 34112
Email to: RayneshaHudnell@Colliergov.net
Colliergov.net
Phone: 239-252-5312
SPONSOR
ATTENTION: Scott Eller, CEO
Community Assisted and Supported Living D.B.A Renaissance
Manor,Inc.
1401 16th Street
Sarasota,FL 34236
Email to: Scott.Eller@Renaissancemanor.org
Phone: 941-225-2373
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VII. GENERAL CONDITIONS
A. GENERAL COMPLIANCE
The SPONSOR agrees to comply with the requirements as outlined in Section 420.907
of the Florida Statutes and Chapter 67-37 of the Florida Administrative Code. The
SPONSOR also agrees to comply with all other applicable state and local laws,
regulations, and policies governing the funds provided under this Agreement. The
SPONSOR agrees to utilize funds available under this Agreement for Rental
Rehabilitation.
B. CODE OF ETHICS AND CONDUCT
The SPONSOR shall comply with the Code of Ethics and Conduct for Construction
Professionals developed by Construction Management Association of America (CMAA).
Adhering to this code of ethics is critical to demonstrating ethical conduct within the
construction industry. This code of ethics is not intended to replace, but rather to
supplement, any code of ethics that the SPONSOR already uses in their organization.
C. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties.
The SPONSOR shall at all times remain an "independent contractor" with respect to the
services to be performed under this Agreement. The COUNTY shall be exempt from
payment of all Unemployment Compensation, FICA, retirement benefits, life and/or
medical insurance and Workers' Compensation Insurance, as the SPONSOR is an
independent SPONSOR.
D. WORKERS' COMPENSATION
The SPONSOR, its contractors and subcontractors, shall provide Workers'
Compensation Insurance coverage for all of its employees involved in the performance
of this contract.
E. INSURANCE
The SPONSOR shall furnish a Certificate of Insurance naming Collier County as an
additional insured with general liability limits of at least $1,000,000 per occurrence in
accordance with Exhibit A.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SPONSOR shall indemnify and
hold harmless Collier County, its officers, agents and employees from any and all
claims, liabilities, damages, losses, costs, and causes of action which may arise out of
an act, or omission, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
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wrongful conduct of the SPONSOR or any of its agents, officers, servants, employees,
contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the
direction, control, or supervision of the SPONSOR in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph. The SPONSOR shall pay all claims and
losses of any nature whatsoever in connection therewith and shall defend all suits in the
name of the COUNTY and shall pay all costs (including attorney's fees) and
judgments which may issue there-on. This Indemnification shall survive the termination
and/or expiration of this Agreement. This section does not pertain to any incident
arising from the sole negligence of Collier County. The foregoing indemnification shall
not constitute a waiver of sovereign immunity beyond the limits set forth in Section
768.28,Florida Statutes.
G. GRANTOR RECOGNITION
The SPONSOR agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports and
similar public notices prepared and released by the SPONSOR for, on behalf of, and/or
about the Program shall include the statement:
"FINANCED BY FLORIDA HOUSING FINANCING COPORATION (FHFC)
AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES
DIVISION"
and shall appear in the same size letters or type as the name of the SPONSOR. This
design concept is intended to disseminate key information regarding the development
team as well as Equal Housing Opportunity to the general public. Construction signs
shall comply with applicable COUNTY codes.
H. AMENDMENTS
The COUNTY and/or SPONSOR may amend this Agreement, at any time, provided
that such amendments make specific reference to this Agreement, and are executed in
writing, signed by a duly authorized representative of each organization, and approved
by the Grantee's governing body. Such amendments shall not invalidate this
Agreement, nor relieve or release the Grantee or SPONSOR from its obligations under
this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with federal,
state or local governmental guidelines, policies and available funding amounts, or for
other reasons. If such amendments result in a change in the funding, the scope of
services, or schedule of the activities to be undertaken as part of this Agreement, such
modifications will be incorporated only by written amendment signed by both Grantee
and SPONSOR.
Expiration of Agreement: If the SPONSOR does not complete the project within the
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time period, the COUNTY Manager or designee may grant a cumulative time extension
of no more than 180 days and modify any subsequent project work plans to reflect the
extension.
SUSPENSION OR TERMINATION
Either party may terminate this Agreement, at any time, by giving written notice to the
other party of such termination, and specifying the effective date thereof, at least 90 days
before the effective date of such termination. In the event of any termination for
convenience, all finished or unfinished documents, data, reports or other materials
prepared by the SPONSOR under this Agreement shall, at the option of the COUNTY,
become the property of the COUNTY. The COUNTY may also suspend or terminate
this Agreement,in whole or in part, if the SPONSOR materially fails to comply with any
term of this Agreement, or with any of the rules, regulations or provisions referred to
herein, in addition to other remedies as provided by law. If through any cause, the
SPONSOR shall fail to fulfill in a timely and proper manner its obligations under this
Agreement, or violates any of the covenants, agreements, or stipulations of this
Agreement, the COUNTY shall thereupon have the right to terminate this Agreement or
suspend payment in whole or part by giving written notice to the SPONSOR of such
termination or suspension of payment and specify the effective date thereof, at least five
(5)working days before the effective date of termination or suspension.
See Section VII. G. — Corrective Action for escalation steps leading to suspension or
termination for non-compliance. If payments are withheld, Community and Human
Services Division staff shall specify in writing the actions that must be taken by the
SPONSOR as a condition precedent to resumption of payments and shall specify a
reasonable date for compliance. Sufficient cause for suspension of payments shall
include,but not be limited to:
Ineffective use of funds.
Failure to comply with Section II, Scope of Service of this Agreement.
* Failure to submit periodic reports as determined by the COUNTY.
J. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by
purchase order or by a written contract and in conformity with the thresholds of Collier
County Purchasing Policy.
Purchasing Threshold Policy
Dollar Range($) Quotes
Under$3K 1 Written Quote
$3K to $50K 3 Written Quotes
Request for Proposal (RFP)
Above $50K Invitation for Bid(IFB)
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VIII. ADMINISTRATIVE REQUIREMENTS
A. RECORDS TO BE MAINTAINED
The SPONSOR shall maintain all records required by the COUNTY that are pertinent
to the activities to be funded under this Agreement as established in Exhibit"B"
(Rental Acquisition Project Requirements).
B. RETENTION
The SPONSOR shall retain all records pertinent to expenditures incurred under this
Agreement for a period of five (5) fiscal years after the funds have been expended and
accounted for, provided applicable audits have been released. Notwithstanding the
above, if there is litigation, claims, audits,negotiations or other actions that involve any
of the records cited and that have started before the expiration of the five-year period,
then such records must be retained until completion of the actions and resolution of all
issues,or the expiration of the ten-year period,whichever occurs later.
C. DISCLOSURE
The SPONSOR shall maintain records in accordance with Florida's Public Information
Law(F.S. 119).
D. CLOSEOUTS
The SPONSOR's obligation to the COUNTY shall not end until all closeout
requirements are completed, Activities during this closeout period shall include,but not
be limited to: making final payments, disposing of program assets (including the return
of all unused materials, equipment, program income balances, and receivable accounts
to the COUNTY), close out monitoring and determining the custodianship of records. In
addition to the records retention outlined in Section VIII.B, the SPONSOR shall comply
with Section 119.021 Florida Statutes regarding records maintenance, preservation and
retention. A conflict between state and federal law records retention requirements will
result in the more stringent law being applied such that the record must be held for the
longer duration. Any balance of unobligated funds which have been advanced or paid
must be returned to the County. Any funds paid in excess of the amount to which the
SPONSOR is entitled under the terms and conditions of this Agreement must be
refunded to the COUNTY. The SPONSOR shall also produce records and information
that complies with Section 215.97, Florida Single Audit Act. At the time of closeout, if
not already done, the County shall secure a note and mortgage on the property for the
amount of SHIP funds invested. The SPONSOR shall be responsible for ongoing
reporting, subject to onsite monitoring, tenant income qualification activities and
continued use for a period of 15 years.
E. AUDITS AND INSPECTIONS
1, Audits
Pursuant to Florida Statute 215.97(6) (Florida Single Audit Act), in the event that
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the SPONSOR expends a total amount of State awards equal to or in excess of$500,000
in any fiscal year of such SPONSOR, the SPONSOR must have a State single or
project-specific audit for such fiscal year in accordance with Section 215.97, Florida
Statutes; applicable rules of the Executive Office of the Governor and the Comptroller,
and Chapter 10.650,Rules of the Auditor General.
In connection with these audit requirements, the SPONSOR shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This
includes submission of a reporting package as defined by Section 215.97(2)(d), Florida
Statutes, and Chapter 10.650, Rules of the Auditor General. The financial reporting
package must be delivered to the COUNTY within 45 days after delivery of the
financial reporting package to the SPONSOR but no later than 180 days after the
SPONSOR's fiscal year end. Submit the financial reporting package and Exhibit F to
the Grant Coordinator.
If the SPONSOR expends less than $500,000 in State awards in its fiscal year, an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,is
not required. In the event that the SPONSOR expends less than $500,000 in State
awards in its fiscal year and elects to have an audit conducted in accordance with the
provision of Section 215.97, Florida Statutes, the cost of the audit must be paid from
non-State funds.
2. Inspections
�.., The SPONSOR'S records with respect to any matters covered by this Agreement shall
be made available to the COUNTY and/or the FHFC at any time during normal
business hours, as often as the COUNTY or the FHFC deems necessary, to audit,
examine, and make excerpts or transcripts of all relevant data.
F. MONITORING
The SPONSOR agrees that CHS will carry out no less than one (1) annual on-site
monitoring visit and evaluation activities as determined necessary for a period of fifteen
(15) years. At the COUNTY's discretion, a desk top review of the activities may be
conducted in lieu of an on-site visit. The continuation of this Agreement is dependent
upon satisfactory evaluations. The SPONSOR shall, upon the request of CHS, submit
information and status reports required by CHS to enable CHS to evaluate said progress
and to allow for completion of reports required. The SPONSOR shall allow CHS to
monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled as
determined by CHS.
The COUNTY will monitor the performance of the SPONSOR based on goals and
performance standards as stated with all other applicable federal, state and local laws,
regulations, and policies governing the funds provided under this Agreement.
Substandard performance, as determined by the COUNTY, will constitute
noncompliance with this Agreement. If corrective action is not taken by the SPONSOR
within a reasonable period of time after being notified by the COUNTY, contract
suspension or termination procedures will be initiated. The SPONSOR agrees to
provide the COUNTY, or the COUNTY's internal auditor(s) access to all records
related to performance of activities in this agreement.
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G. CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or
unacceptable performance under this Agreement. Penalties may be imposed for failures
to implement or to make acceptable progress on such corrective action plans.
In order to effectively enforce Resolution 2013-228, Community and Human Services
(CHS) Division has adopted an escalation policy to ensure continued compliance by
recipients, SPONSORS, or any entity receiving grant funds from CHS. CHS's policy
for escalation for non-compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being issued to the
entity and will require a corrective action plan be submitted to the Division
within 15 days following the monitoring visit.
• Any pay requests that have been submitted to the Division for payment will be
held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the entity as
needed in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely
manner to the Division, the Division may require a portion of the awarded grant
amount be returned to the Division.
• The Division may require upwards of five percent (5%) of the awarded amount
be returned to the Division, at the discretion of the CHS Director.
• The entity may be considered in violation of Resolution 2013-228.
3. If in the case an Entity continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected, and has been informed by the
Division of their substantial non-compliance,by certified mail;the Division may
require a portion of the awarded grant amount be returned to the Division.
• The Division may require upwards of ten percent (10%) of the awarded amount
be returned to the Division, at the discretion of the CHS Director.
• The entity will be considered in violation of Resolution 2013-228
4. If in the case after repeated notification the Entity continues to be substantially
non-compliant, the Division may recommend the contract or award be
terminated.
• The Division will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The Entity
will be required to repay all funds disbursed by the County for project that was
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terminated.
The entity will be considered in violation of Resolution No. 2013-228
If in the case the Entity has multiple agreements with the Division and is found to be
non-compliant, the above sanctions may be imposed across all awards at the Director's
discretion.
H. PROGRESS REPORTS
The SPONSOR shall submit regular Quarterly Progress Report (Exhibit E) to the
COUNTY in the form, content and frequency required by the COUNTY.
IX. CIVIL RIGHTS COMPLIANCE
The SPONSOR agrees that no person shall, on the ground of race, creed, color, religion,
national origin, sex, handicap, familial status, marital status or age be excluded from the
benefits of,or be subjected to discrimination under any activity carried out by the SPONSOR in
performance of this Agreement. Upon receipt of evidence of such discrimination, the
COUNTY shall have the right to terminate this Agreement. The SPONSOR will take
affirmative action to ensure that all employment practices are free from such discrimination.
Such employment practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rate of pay or
other forms of compensation, and selection for training, including apprenticeship. The
SPONSOR agrees to post in conspicuous places, available to employees and applicants for
employment,notices setting forth the provisions of this nondiscrimination clause.-
X. PROHIBITED ACTIVITY
The SPONSOR is prohibited from using funds provided herein or personnel employed in the
administration of the program for: political activities; sectarian or religious activities; lobbying,
political patronage, and nepotism activities.
XL SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not
be affected thereby, if such remainder would then continue to conform to the terms and
requirements of applicable law.
XII. AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from SHIP grant funds from FHFC and must
be implemented in full compliance with all of SHIP rules and regulations and any agreement
between COUNTY and FHFC governing FHFC funds pertaining to this Agreement. In the
event of curtailment or non-production of said state funds, the financial sources necessary to
continue to pay the SPONSOR all or any portions of the funds will not be available. In that
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event, the COUNTY may terminate this Agreement, which termination shall be effective as of
the date that it is determined by the County Manager or designee, in his-her sole discretion and
judgment, that the funds are no longer available. In the event of such termination, the
SPONSOR agrees that it will not look to, nor seek to hold the COUNTY, nor any individual
member of the County Commissioners and/or County Administration, personally liable for the
performance of this Agreement, and the COUNTY shall be released from any further liability
to the SPONSOR under the terms of this Agreement.
XIII. DEFAULTS,REMEDIES,AND TERMINATION
This Agreement may also be terminated for convenience by either the County or the
SPONSOR, in whole or in part, by setting forth the reasons for such termination, the effective
date, and, in the case of partial terminations, the portion to be terminated. However, if in the
case of a partial termination, the County determined that the remaining portion of the award
will not accomplish the purpose for which the award was made, the County may terminate the
award in its entirety.
The following actions or inactions by the SPONSOR shall constitute a Default under this
Agreement:
A. Failure to comply with any of the rules, regulations or provisions referred to herein, or
such statutes, regulations, executive orders, and SHIP guidelines, policies or directives
as may become applicable at any time;
B. Failure, for any reason, of the SPONSOR to fulfill, in a timely and proper manner, its
obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement;
D. Submission, by the SPONSOR to the COUNTY, of reports that are incorrect or
incomplete in any material respect.
E. Submission by the SPONSOR of any false certification;
F. Failure to materially comply with any terms of this Agreement;
G. Failure to materially comply with the terms of any other agreement between the County
and the SPONSOR relating to the project.
In the event of any default by the SPONSOR under this Agreement, the County may seek any
combination of one or more of the following remedies:
1. Require specific performance of the Agreement,in whole or in part;
2. Require the use of, or change in,professional property management;
3. Require immediate repayment by the SPONSOR to the County of all SHIP
funds the SPONSOR has received under this Agreement;
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4. Apply sanctions,if determined by the County to be applicable;
5. Stop all payments,until identified deficiencies are corrected;
6. Terminate this Agreement by giving written notice to the SPONSOR of such
termination and specifying the effective date of such termination. If the
Agreement is terminated by the County as provided herein, the SPONSOR shall
have no claim of payment or claim of benefit for any incomplete project
activities undertaken under this Agreement.
XIV. OPPORTUNITIES FOR RESIDENTS
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project.The SPONSOR is encouraged to comply with
Section 3 of the Housing and Community Development Act of 1968.
XV. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS
ENTERPRISES
The SPONSOR will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to
participate in the performance of this contract. As used in this contract, the terms "small
business"means a business that meets the criteria set forth in section 3(a) of the Small Business
Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a
business at least fifty-one (51) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro-Americans,
Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and
American Indians. The SPONSOR may rely on written representations by businesses regarding
their status as minority and female business enterprises, in lieu of an independent investigation.
XVI. AFFIRMATIVE ACTION
The SPONSOR agrees that it shall be committed to carry out pursuant to the COUNTY's
specifications an Affirmative Action Program in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide
Affirmative Action guidelines to the SPONSOR to assist in the formulation of such program.
Prior to the award of funds, the SPONSOR shall submit for approval, a plan for an Affirmative
Action Program. The Affirmative Action Program will need to be updated throughout the
fifteen year affordability period and must be re-submitted to County within 30 days of each
update/modification.
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XVII. CONFLICT OF INTEREST
The SPONSOR covenants that no person under its employ who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any
manner or degree with the performance of this Agreement and that no person having any
conflict of interest shall be employed by or subcontracted by the SPONSOR. The SPONSOR
covenants that it will comply with all provisions of FL 287.057 "Conflict of Interest", and 2
CFR 200.318, and any additional State and County statutes, regulations, ordinance or
resolutions governing conflicts of interest. Any possible conflict of interest on the part of the
SPONSOR or its employees shall be disclosed, in writing,to CHS provided,however,that this
paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory
requirement that maximum opportunity be provided for employment of and participation of low
and moderate-income residents of the project target area.
The SPONSOR will notify the COUNTY, in writing, and seek COUNTY approval, prior to
entering into any contract with an entity owned, in whole or in part, by a covered person or an
entity owned or controlled, in whole or in part, by the SPONSOR. The COUNTY may review
the proposed contract to ensure that the contractor is qualified and that the costs are reasonable.
Approval of an identity of interest contract will be in the COUNTY's sole discretion. This
provision is not intended to limit the SPONSOR's ability to self-manage the projects using its
own employees.
XVIII. INCIDENT REPORTING
If services to clients are to be provided under this agreement, the SPONSOR and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation
of a child,aged person, or disabled adult to the County.
XIX. RELIGIOUS ORGANIZATIONS
State funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Florida Statue, Chapter 196.011.The
SPONSOR shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment on the basis F
g
of religion and will not limit employment or give preference in employment to persons
on the basis of religion.
B. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
C. It will retain its independence from Federal, State and Local Governments and may
continue to carry out its mission, including the definition, practice and expression of its
religious beliefs, provided that it does not use direct State funds to support any
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inherently religious activities,such as worship,religious instruction or proselytizing.
D. The funds shall not be used for the acquisition, construction or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, SHIP
funds may not exceed the cost of those portions of the acquisition, construction or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to SHIP funds in this part. Sanctuaries, chapels, or
other rooms that a SHIP funded religious congregation uses as its principal place of
worship,however, are ineligible for SHIP funded improvements.
XX. NATURAL DISASTER
In the event of a natural disaster, this Agreement may be suspended or terminated and funds
transferred to recovery activities as determined by the COUNTY. Funds subject to this
provision shall be those that are not contractually committed for construction, design or other
such third party private vendors.
XXI. ENFORCEMENT OF AGREEMENT
The benefits of this Agreement shall inure to, and may be enforced by the COUNTY for the
duration of the Agreement, whether or not the COUNTY shall continue to be the holder of the
Mortgage, whether or not the Project loan may be paid in full, and whether or not any bonds
issued for the purpose of providing funds for the project are outstanding. The SPONSOR
warrants that it has not, and will not,execute any other agreement with provisions contradictory
to, or in opposition to, the provisions hereof, and that, in any event, the requirements of this
Agreement are paramount and controlling as to the rights and obligations herein set forth and
supersede any other requirements in conflict herewith. However, this shall not preclude the
COUNTY from subordinating its loan to construction financing.
XXII. ACQUISITION,RELOCATION,AND DISPLACEMENT
The SPONSOR acknowledges that the SPONSOR will bear sole responsibility for any costs or
reimbursements, legal or otherwise, from person or persons claiming that they have been
involuntarily displaced by the acquisition of real property associated with development of the
Project.
XXIII. COPYRIGHTS AND PATENTS
If this Agreement results in a book or other copyright materials or patent materials, The
SPONSOR may copyright or patent such, but Collier COUNTY and the State of Florida
reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise
use such materials and to authorize others to do so,
XXIV.FORCE MAJURE
The SPONSOR covenants and agrees that subject to matters of force majeure the work shall be
completed on or before Twelve (12) months from the date of this Agreement. This Agreement
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shall be amended between the COUNTY and the SPONSOR when all permits have been issued
to set forth and determine the date of commencement of the work. Matters of force majeure
shall include,but not necessarily be limited to bonafide weather disturbances, strikes, shortages
of material, governmental delays, exclusive of those caused by or as a result of the fault of the
Construction Manager, and those matters over which the Construction Manager has no control.
Force majeure shall not be construed to reduce the obligation of the SPONSOR to timely
complete the project because of the failure of contractors and subcontractors to timely complete
their work,unless such delay is within the definition of the term force majeure.
XXV. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-eight (28) enumerated pages and the exhibits and
attachments referenced herein, shall be executed in two counterparts, each of which shall be
deemed to be an original,and such counterparts will constitute one and the same instrument,
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.
ATTEST:
DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY,FLORIDA
,Deputy Clerk By:
DONNA FIALA, CHAIRMAN
Dated:
(SEAL) DATE
Community and Assisted and Supported Living
D.B.A Renaissance Manor
By:
Scott Eller,President
ji
DA 1'E
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney px,-w
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EXHIBIT "A"
INSURANCE REQUIREMENTS
The SPONSOR shall furnish to Collier County, do Community and Human Services Division, 3339 E.
Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability including products and completed operations insurance
in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County
must be shown as an additional insured, with respect to this coverage.
1
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used
in connection with this contract in an amount not less than$1,000,000 combined single
limit for combined Bodily Injury and Property Damage. Collier County shall be named
as an additional insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SPONSOR or the licensed design
professional employed by the SPONSOR, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate, providing for all sums which the SPONSOR and/or
the design professional shall become legally obligated to pay as damages for claims
arising out of the services performed by the SPONSOR or any person employed by the
SPONSOR, in connection with this contract. This insurance shall be maintained for a
period of two (2) years after the certificate of Occupancy is issued. Collier County shall
be named as an additional insured.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage
prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk"basis in an amount not less
than one hundred (100%) percent of the insurable value of the building(s) or
structure(s). The policy shall be in the name of Collier County and the SPONSOR.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001),the SPONSOR shall assure that for activities located in an area identified
by the Federal Emergency Management(FEMA) as having special flood hazards, flood
insurance under the National Flood Insurance Program is obtained and maintained as a
condition of financial assistance for acquisition or construction purposes (including
rehabilitation).
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OPERATION/MANAGEMENT PHASE(IF APPLICABLE) "4
After the Construction Phase is completed and occupancy begins, the following insurance must be kept
in force throughout the duration of the loan and/or contract:
7. Workers' Compensation as required by Chapter 440,Florida Statutes.
• 8. Commercial General Liability including products and completed operations insurance
in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County
must be shown as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used '
in connection with this contract in an amount not less than$1,000,000 combined single
limit for combined Bodily Injury and Property Damage. Collier County as an additional
insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one
hundred(100%) of the replacement cost of the property. Collier County must be shown
as a Loss payee with respect to this coverage A.T.I.M.A. I
11. Flood Insurance coverage for those properties found to be within a flood hazard zone
for the full replacement values of the structure(s) or the maximum amount of coverage
available through the National Flood Insurance Program (NFIP). The policy must show
Collier County as a Loss Payee A.T.I.M.A.
,--[
ti
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EXHIBIT B
RENTAL ACQUISTION PROJECT REQUIREMENTS
RENTAL ACQUISITION ONLY
The Project is to be developed as affordable residential rental housing in accordance with the
SHIP Program and the Collier County LHAP FY 2013-2016. The SPONSOR shall perform the
following activity under this agreement:
a) Acquire rental property
1) Affordability of SHIP -Assisted Units: For the duration of the Affordability Period (15
years), as defined in the Note and Mortgage/Land Use Restriction Agreement(LURA) of even date, a
minimum of 4 units in the Project shall be SHIP-Assisted units.
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% of the Area Median Income (AMI), as defined by the
Department of Housing and Urban Development (HUD) and Florida Housing Finance Corporation.
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.
The SPONSOR covenants that all of the units will be rented to income-eligible tenants as
defined by the Department of Housing and Urban Development (HUD). Income Limits will be
restrictive to in accordance to HUD income limits for a minimum affordability period of fifteen (15)
years from the. All units carry rent and occupancy restrictions until June 1, 2031, which remain in
force regardless of transfer of ownership. 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
30%-Extremely Low 1
50%-Very Low 1
80% -Low 2
Total of Units (Minimum) 4
*Units divided into income category according to SHIP-Assisted units under affordability
period.
When units are occupied by two (2) applicants (roommates) each applicant's income will be
evaluated individually based on 80% of the AMI, as defined by the Department of Housing and Urban
Development. Both applicants portion of rent combined cannot exceed the SHIP Program rent limits.
This Agreement incorporates, by reference, terms and conditions described in the Mortgage
and Note of even date and any other agreements enforcing the SHIP requirements associated with said
Mortgage and Note. The budget for the Project is estimated to be ($412,500) (FOUR HUNDRED
TWELVE THOUSAND FIVE HUDNRED DOLLARS) is provided by the COUNTY through the
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SHIP PROGRAM. Project acquisition 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. Acquisition will progress in
accordance with the deliverable schedule submitted by the SPONSOR to obtain financing.
The SPONSOR shall submit evidence of mortgagee title insurance prior to the closing of the
County's acquisition loan, which conforms to.the following specifications: A paid title insurance
policy, in form and content, with a company acceptable to the County, insuring that the
Subordinate Mortgage Loan Documents (as defined in the Note) constitute a valid subordinate
position lien on the Property,free and clear of all defects and encumbrances,and containing: .
a) no survey exceptions, other than those heretofore approved by the County;
b) coverage to the extent of any disbursement of the Loan together with a pending disbursements
clause, in form and substance, satisfactory to the Lender and its counsel; and h'
c) Zoning coverage—As applicable
The SPONSOR shall provide evidence of annual renewals of insurance coverage during the period
of affordability.
2.) Compliance: The SPONSOR shall determine and verify the income eligibility of
tenants in accordance with HUD Section 8 housing assistance programs in 24 CFR Part 5 for the
Project. 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. The SPONSOR shall maintain complete
and accurate income records pertaining to each tenant occupying a SHIP-assisted unit. Onsite
inspections will be conducted annually 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.
3.) Restriction on Use: The SPONSOR is required to comply with all applicable program
requirements of the State Housing Initiatives Partnership (SHIP) Program, including but not limited to
Section 420.907-420.9079, Florida Statutes and Rule 67-37, Florida Administrative Code and Collier
County Rehab Standards (Exhibit G). Any or all of these regulations may, but are not required to,be
specifically set forth in any additional loan documents executed in connection with the Loan. The
SPONSOR shall include such language as the County may require in any agreements with prospective
tenants of the Project, or any portion,thereof to evidence such requirements.
4.) Default of Subordinate Mortgage: The Subordinate Mortgage and Notes shall provide that
a default shall occur if:
a. Sale; if proceeds are not sufficient to pay off the mortgage note, then the property
owner (not-for-profit or for profit) may contact the County regarding a settlement
amount of the SHIP loan.
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b. Title transfer, either voluntarily or by operation of law, divested of title by judicial
sale,levy or other proceedings,including foreclosure or Deed in Lieu.
c. Refinance; a refinance of the first mortgage may be approved without repayment if
the request is submitted in writing and the refinance is at a lower fixed rate, with no
cash out,in accordance with the"Subordination Policy".
d. Property will no longer serve the intended target population.
e. Repayment of the loan is required in full when any of the aforementioned conditions
is met,whichever occurs first.
Other defaults may trigger repayment, if not cured within any applicable cure or notice
period following a monitoring.
f. Lack of compliance by the SPONSOR with the State statutes or County Codes,
which has not been corrected within thirty days of written notice from the County;
g. The SPONSOR has not begun to offer minimum of two (2) affordable rental
housing to extremely low, very low and low income families and individuals, in
accordance with the provisions of Part 1 of Exhibit B on or before, January 1,2017;
h. The SPONSOR abandons, and/or ceases to use the Property as affordable rental
housing to tenants,without the prior written approval of the County;
5. Assurance of Public Purpose: The SPONSOR covenants that if the SPONSOR is
unable or unwilling to develop the property in accordance with the terms and conditions incorporated
herein, no lease, sale, or title transfer to any third party shall occur prior to giving the COUNTY, a 90
(Ninety) day notification, during which time— the COUNTY shall have the right, solely at the
COUNTY'S discretion, to purchase or find another SPONSOR to purchase the Project, in order to
carry out the eligible activities of the SHIP Program, for an amount not to exceed the amount of funds
provided by the COUNTY through the Program.
6. Affirmative Marketing: The SPONSOR shall adopt appropriate procedures for
affirmatively marketing the SHIP-assisted units. Affirmative marketing consists of good faith efforts to
provide information and otherwise to attract to the available housing, eligible persons from all racial,
ethnic and gender groups in the housing market area. The SPONSOR shall be required to use
affirmative fair housing marketing practices in soliciting renters, determining eligibility, concluding
transactions, and affirmatively further fair housing efforts. The SPONSOR must maintain a file
containing all marketing efforts (i.e. copies of newspaper ads, memos of phone calls, copies of letters,
etc.) to be available for inspection on request by the COUNTY. The SPONSOR must provide a
description of intended actions that will inform and otherwise attract eligible persons from all racial,
ethnic, and gender groups in the housing market of the available housing. The SPONSOR must
provide the COUNTY with an assessment of the affirmative marketing program. Assessment must
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include: a) methods used to inform the public and potential renters about federal fair housing laws and
affirmative marketing policy, b) methods used to inform and solicit applications from persons in the
housing market who are not likely to apply without special outreach; and c) records describing actions
taken by the participating entity and/or owner to affirmatively market units; and records to assess the
results of these actions.
7. Tenant Leases and Protections: Tenants applying for rental housing units shall be
qualified on a first-qualified, first-served basis. Tenants must be income-eligible and must occupy the
rental unit as a primary residence. The SPONSOR shall comply with the provisions of the Florida
Landlord Tenant Act defined in Chapter 83 Part II of the Florida Statutes, SHIP Program, and
COUNTY requirements,which prohibit certain lease terms. All tenant leases for assisted units shall be
expressly subordinate to the Mortgage and shall contain clauses, among others, wherein each
individual lessee:
A. Agrees that the household income, household composition and other eligibility
requirements shall be deemed substantial and material obligations of the tenancy; that
the tenant will comply promptly with all requests for information with respect thereto
from the SPONSOR or the COUNTY, and that tenant's failure to provide accurate
information about household income or refusal to comply with a request for information
with respect thereto shall be deemed a violation of a substantial obligation of his/her
tenancy;and
B. Agrees not to sublease to any person or family who does not meet income qualifications
as determined,verified, and certified by the SPONSOR; and
C. States that the rental unit is the primary residence of the tenant; and
D. Agrees that the lease shall be for a one-year period, unless other terms are mutually
agreed upon by the SPONSOR and tenant,
E. Documentation of special needs.
The SPONSOR will submit to the County, a copy of the tenant/owner lease agreement. Prior to
the signing by the tenant, the lease will be reviewed for compliance with affirmative marketing,
tenant selection and SHIP provisions stated in Section 420.907-420.9079, Florida Statues and Rule
67-37,Florida Administrative Code.
8. Project Requirements: The SPONSOR agrees to not undertake any activity that may
adversely affect historic or environmental sensitivity of the site and to mitigate any findings identified
in an environmental assessment. The SPONSOR agrees that in the event that the Project is located in a
Designated Flood Zone, all government requirements for construction in a flood zone shall be satisfied.
The SPONSOR shall develop and submit to CHS, within 30 days of contract execution, an acquisition
schedule to include the following:
Project acquisition will commence and be completed in accordance with the schedule submitted
and in no event will acquisition commence later than 120 days from the date of this Agreement nor
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will the project be completed later than 12 months from the date of this agreement.
Further, "project completion date" will mean issuance of all certificates of occupancy and
completion of initial lease-up.
TENTATIVE SCHEDULE
Sites Identified/Site Due Diligence June 2016
Property Under Conditional Contract July 2016
Environmental Requirements Met/Residents August 2016 il
Identified
Property Acquired/Rehabilitation Performed as October-November 2016
Needed(CASL)
Residents Moved in/Beneficiaries Reported June 30, 2017
9. Property Standards: The SPONSOR attests that the Project will meet the standards of the
Florida Building Code and all applicable local codes, standards, ordinances, and zoning ordinances at
the time of project completion and throughout the duration of the affordability period. The Project will
also meet the accessibility requirements at 24 CFR part 8, which implements Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and covered multifamily dwellings, as defined at 24 CFR
100.201, and the design and construction requirements at 24 CFR 100.205, which implement the Fair
Housing Act(42 U.S.C. 3601-3619), in the event property rehabilitated at any time during affordability
period.
In accordance with the Local Housing Assistance Plan, a SPONSOR shall follow each SHIP Program
strategy program requirements below:
Energy Efficient Best Practices: Section 420.9075(3)(d), F.S. defines Energy Efficient Best Practices
as: Innovative design, green building principles, storm resistant construction or other elements that
reduce long term costs relating to maintenance,utilities or insurance in the event property rehabilitated
at any time during affordability period.
Collier County requires the use or inclusion, when appropriate, of the following: energy star
appliances; low-E windows; additional insulation (for increased R-value); ceramic tile;tank-less water
heater; 14 and 15 SEER air conditioning units; stucco; florescent light bulbs; and impact resistant
windows and doors.
10. Property Management. The COUNTY reserves the right to require the SPONSOR to
enter into a contract with a property management firm approved by the COUNTY, for professional
management services for the Property providing for leasing, collection of rents,maintenance and repair
of Property, and other property management tasks as the COUNTY may require in the event the
SPONSOR is failing to meet tenant needs. Such contract shall stipulate that the contract will not be
amended or terminated without prior written consent of the COUNTY.
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EXHIBIT C
BUDGET NARRATIVE
RENTAL ACQUISITION PROGRAM
The total SHIP allocation to the SPONSOR for the Rental Acquisition,Program shall not exceed
FOUR HUNDRED TWELVE THOUSAND FIVE DOLLARS ($412,500).
Sources for these funds are as follows:
Fiscal Year Rental Rehah 'otat
2014-2015 $300,000.00 $300,000.00
2015-2016 $112,500.00 $112,.500.00
Total Funds $412,500 00 ''$412,500 00
Uses of these funds are as follows:
Funds shall be disbursed in the following manner for the following uses:
1. Acquisition expenditure shall not exceed$300,000 per property acquired.
2. Funds will be disbursed via wire transfer at the time of closing.
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EXHIBIT D
REPORTS
Report Title Documentation Required Due Date
Quarterly Report Progress report detailing 30 days after the end of the
accomplishments calendar quarter until June 30,
2017 and annually thereafter
Insurance Proof of coverage in accordance Annually within 30 days after
(Flood,Property,O&D) with Exhibit A/Declaration page renewal
SPONSOR Audit Audit report,Management Within 9 months after the end of
Letter and Exhibit F the SPONSOR fiscal year
through 2031
Quarterly Operating Statement Revenue and Expense and all 10 days after the end of the
necessary supporting calendar year
documentation as requests
Tenant/Lease Agreement Lease Submit prior to signing by first
tenant and any addendums or
changes thereafter through the
period of affordability.
Special Grant Policies See section III (B) Within 60 days of contract
execution
Project Schedule See section III(A) Within 30 days of contract
execution
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EXHIBIT"E"
QUARTERLY PROGRESS REPORT
Complete form for preceding quarter and submit to Community and Human Services staff by the IS`of the
following quarterly month.
Status Report for the Quarter Ending: Submittal Date:
Project Name: Project Number:
SPONSOR:Community Assisted&Supported Living,Inc.
Contact Person:
Telephone: Fax: E-mail:
PROPERTY UNIT DATA
Number of units under rehab this period
Number of units completed this period
Number of units completed to date
EXPENDITURE DATA
Amount of funds expended this period
Amount of funds expended to date
New Contracts executed this period
Name of Contractor Address Amount of Contract
Income Date
Client Income Category Income Amount
What events/actions are scheduled for the next month?
Identify any issues that may cause delay in meeting scheduled expenditure deadline dates.
Date
Signature
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EXHII3IT"F"
ANNUAL AUDIT MONITORING REPORT
CirCtilar,2,0FR2Q0.660:irequireOP011ier.COuntytOmonitotSp9.NSpR...Of federelaWardSJOdeterniine:„.ifSpc).NSpRare'
CCi-ripliant•WitkeStObliphedeUdit.reqUirernentp .ACCordingly,LO011ier!POunty:..reO0ireS,thotall.aPprOptiate-rdaCumeritattOri
iprovided regarding... • • • .: • . • • .••• ..•.•••••-. • -•,: .... . ... . • • •••••.... ....• ;:'•':,...........................
: . ............. . .
....,.... .., ... ...... ....,..••:....••. .....:•:: •... . ..,„.........
In determining Federal awards jr)..0,f10001:'year,!:•thCentity., ripst!ponpider.:•ariisouroepof Federal awards based
on when the activity related to the Federal award occurs, including,any Federal award provided by Collier County.fl
determination•of•amOtintabfFederaVaWardd:,einendedhall be in accordance with the guidelines established by 0MB
CirdUlarAtI33i1Offiical.,yearsbeoinnind,:before.:DeCeniberi26,,2014;•,aritUeStabliahed
Audit Requirements, for fiscal years beginning on or after December 26, 2014. This form may be used to monitor
Florida Single Audit Act(Statute 215.97) requirements. . .
SPONSOR I .. .Name
..... ......................................................................................................................... ..............................
. . ........... . .
First Date of Fiscal Year(MM!DDIYY)
... ...Last Date of Fiscal Year(MM1DD/Y.Y)'
.......... ............................. ...... .........................................................................................................................................................................
Total Federal Financial Assistance Expended
. . . .,„••••••••. ...,.::.:••••••••:... ..... ... ......................................................................................... .
.... Total State Financial',ASSip4Ose!.gXpe000.4441.1001#19tduring most recently completed Fiscal Year . recently completed Fiscal Year
..;•';:•:,•:f.!
......................................
................. ........................ ................. . •• ....................................................................................................................
............. . . ............. . ............ ....• . ................... ...............!•'•..... . ... .........................
Check A or B. Check C if applicable.
:.•:; expenditure-threshold for our fiscal Year::ending. as.indicated above has..peep..met,and i;a.
•
Circular•A-133,or.2 CFR. Part Subpart F Single Audit has been completed:orwill be completed by,
. : •-•.•!.::•;:•.::•-:.•:•.:• Copies.Of:theaudit rePortand!management:letter are attached or will be provided within.30..
rws •.-••-,•
days of completion:.s, ••• •••••,••• •••••:..•,: ••• ••• •••••., ••• • ...,••••• •.•• •• • "„:.. • " : ...:•••• • • •
•• • •• • .. • . .
••...:,•!;
We are not pri.bject.tO.Ihe•reqUireMentpof•PMB.CircularA-13aor 2CFR Part 200, ::••• •:
!.Subport•F:.because'we.... .::• :••• • ••.,. ;• . ••••:•::...
• • .." • ••
.. • 10. Did.not exceed:the expenditure threshold pr.the.fipcal year indicated above:
:• p..:Are a for-profit organization-
U Are exempt for other reasons explain •• •i.• •:.• • •':•• -;...•• .." : ••• ..
• •• •.:
An auditedfinancial statement is attached and if applicable, the independent auditor's:management
•• •••••• . • • .• .•• ••••••• •••• •••. • •.::•-•••• ••••••:• :••••••• •••• • ":.•••• • . :•••• .••••••.:: ..• •
: . • ••• ••• : :....... •: .: • •.••::. • ••.... •• :•, ..• •••••••••:•••
:..• ••• .••—•: • • ••• • ••• • •• ••• .••,•. ......,.. ••• •
•• • •• .••••• •• • • • .. •• • • •...... .. • •• • • ••• • • • • : • • • .....:•• .
. . . . . . . . . . . . . . . . .• • • • •• ... • ..
• Findings Were noted,a cUttent:Status.Update ofthe•reSponses and•CorrectiVe:action:plan.is-inCluded.•separate..
,• from the written repponse.ProVided.within.the audit report.While.We:understand.that the audit report contains a
O Written response to the finding(s),.we are.requesting an updated;status of the corrective!action(s) being taken.
•:.•••
Please do not provide just a copy of the written response from your aildit report, unless it inclUdesydetailsOf
•. :':'•:. the.actions, procedures,.policies,.etc..implemented arid when it was be implemented.
.;. ;•:.:
.. • .• ••.: ..... •• ••.• •• •: •• •••• ••i• •. • „ • „.. •• : •••—• •,-„••:... •••
.• • .•• . •• . . . . . . .. • :. . .
..... Certification Statement
I hereby èertify that thç above information is true and .. . ... ..
.. -•••••:::.. ... ..... ..... • .... •• .... . ...:........ .. ..... • ••—•• •, .••:,::
Signature Date
Print Name and Title
27
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EXHIBIT"G" r.z
COLLIER COUNTY
CONSTRUCTION REHAB PROGRAM MANUAL OF PRACTICE
SELECTIVE REHAB PROCEDURES as may be amended from time to time.
REFERENCE DATE: JUNE 24,2014
ITEM# 16D.1
PAGE LEFT BLANK INTENTIONALLY
T1
" 1
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