Agenda 03/28/2017 Item #16D 903/28/2017
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign one satisfaction of mortgage for a
first-time home buyer of an affordable housing unit that has satisfied the terms of assistance for the
Collier County Neighborhood Stabilization Program and authorize a budget amendment
recognizing the program income.
OBJECTIVE: To support the affordability in Collier County using down payment assistance programs
for low-income first time homebuyers of housing.
CONSIDERATIONS: Collier County offered Direct Homeownership assistance in conformance with
CFR 570.201(n) for homes that were acquired through the Neighborhood Stabilization Program (NSP).
Direct Homeownership assistance was provided to the homeowner in the form of a down payment second
mortgage at 0% interest.
The NSP Substantial Amendment which serves as the NSP Action Plan was approved by the Board on
November 18, 2008, Item 16D3. Regarding homeowner assistance, the Action Plan states that no
repayment will be required until the home is sold, transferred, refinanced, is no longer the primary
homesteaded residence, or is operated for an activity deemed ineligible for assistance under NSP
guidelines. At that time the balance of the loan will be repaid (page 15). At this time, one NSP assisted
homeowner has refinanced and repaid the loan balance in full, and a satisfaction of mortgage has been
created. A homeowner-signed Declaration of Restrictive Covenants is being recorded to retain the NSP
affordability requirements.
The following table details one client who is entitled to a satisfaction of mortgage due to repayment of the
NSP funds.
Name(s) Grant Address Recording Date OR Book Page Loan Amount
being Satisfied
Karynn M.
Cavero
NSP 2224 50th
Terrace SW
08/02/2011 4707 564 $38,610.00
TOTAL $38,610.00
Approval of this item will authorize the Chairman to sign the aforementioned satisfaction of mortgage,
and the executed document shall be recorded in the Public Records of Collier County, Florida.
FISCAL IMPACT: A budget amendment is necessary to recognize current year program income
revenue in the amount of $38,610.00 within Urban Improvement Grants, Fund 121, NSP1 Project
33050. The repaid amount satisfies the mortgage amount . The borrower will pay the $10 recording
fee.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board approval. -JAB
STAFF RECOMMENDATION: To approve and authorize the Chairman to sign one satisfaction of
mortgage for an affordable housing unit that has satisfied the terms of assistance.
03/28/2017
Prepared by: Elizabeth Hernandez, Grant Support Specialist, Community & Human Services Division
ATTACHMENT(S)
1. Satisfaction of Mortgage-NSP-Cavero (PDF)
2. Mortgage-NSP-Cavero (PDF)
3. SAP Backup (PDF)
4. Declaration of Restrictive Convenants (PDF)
5. NSP 1 Original Substantial Amendment (Action Plan) 2008 11-18 (PDF)
03/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.9
Doc ID: 2750
Item Summary: Recommendation to approve and authorize the Chairman to sign one satisfaction
of mortgage for a first time home buyer of an affordable housing unit that has satisfied the terms of
assistance for the Collier County Neighborhood Stabilization Program and authorize a budget
amendment recognizing the program income.
Meeting Date: 03/28/2017
Prepared by:
Title: – Community & Human Services
Name: Elizabeth Hernandez
02/15/2017 10:28 AM
Submitted by:
Title: Division Director - Cmnty & Human Svc – Public Services Department
Name: Kimberley Grant
02/15/2017 10:28 AM
Approved By:
Review:
Community & Human Services Kristi Sonntag Additional Reviewer Completed 02/15/2017 1:27 PM
Public Services Department Kimberley Grant Additional Reviewer Completed 02/16/2017 8:29 AM
Community & Human Services Georgia Regis Additional Reviewer Completed 02/16/2017 11:28 AM
Public Services Department Amanda O. Townsend Additional Reviewer Completed 02/23/2017 11:52 AM
Public Services Department Joshua Hammond Additional Reviewer Completed 02/23/2017 6:24 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 02/23/2017 6:56 PM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 03/08/2017 9:36 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/08/2017 2:44 PM
Grants Erica Robinson Level 2 Grants Review Completed 03/08/2017 3:24 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 03/09/2017 4:45 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/14/2017 11:29 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/15/2017 9:02 AM
Grants Therese Stanley Additional Reviewer Completed 03/16/2017 1:54 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 03/20/2017 2:51 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/20/2017 9:33 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/28/2017 9:00 AM
Prepared by: Elizabeth Hernandez
Collier County
Community and Human Services
3339 E. Tamiami Trail
Naples, FL 34112
THIS SPACE FOR RECORDING
SATISFACTION OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is
3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain
Mortgage executed by Karynn M. Cavero, a single woman to COLLIER COUNTY, dated 07/27/2011 and
recorded on 08/02/2011 in Official Records Book 4707 Page 564 of the Public Records of Collier County,
Florida, securing a principal sum of $38,610,00 and certain promises and obligations set forth in said
Mortgage, upon the property described in the aforementioned mortgage.
COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and
surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of
record.
This Satisfaction of Mortgage was approved by the Board of County Commissioners on
ATTEST:
DWIGHT E. BROCK, CLERIC
, DEPUTY CLERK
Approval for form and legality:
2017, Agenda Item Number
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
M
Penny Taylor, Chairman
Jennifer A. Belpedio
Assistant County Attorney
INSTR 4592471 OR 4707 PG 564 RECORDED 8/2/2011 3:54 PM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
DOC@.35 $135.45 REC S35.50
OBLD $38,610.00 OBLI $0.00
I
�j
F3
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 2224 60th Terece SW, Naples. FL 34116
Folio Number. 36116230005
RECORD AND RETURN TO:
COWER COUNTY HOUSING, HUMAN Is VETERAN SERVICES
3339 TAMIAMI TRAIL EAST, SURE 212
APLES FL34112
13TTT2nT-TAR1IP T
THIS PURCHASE MONEY SECOND MORTGAGE CSecudly Instrument-) is given on 7%1 of - — , 2011. The
Purchase Money Second Mortgagor is KARYNN M. CAVERO, a single woman, ("Borrower'). This Se—icl rity I>�nl is given to COLLIER
COUNTY, a Political Subdivision of the State of Florida ("Lemfer'), whose address is 3336 Tamlaml Trial[ East, Suite 1D1, Naples, Florida
34112-5366. Borrower owes Lender the sum of THIRTY-EIGHT THOUSAND, SIX -HUNDRED TENAND NO1100 DOLLARS ($38,610.OD) in
US currency. This debt is evidenced by Borrowers Note dated the same date as this Security instrument ("Purchase Money Second
Mortgage"), which provides for monthly payments, With the full debt, if not paid earlier, due and payable upon sale of property, refinance, or loss
of homestead exemption . 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 (o) the performance of Borrowers Covenants and agreements under this Security instrument and the Note. For
this purpose, Borrower does hereby mortgage, grant and Convey to Lender the following described property located In Collier County, Florida.
As more particularly described as, Lot 12, Block 126,
Pages 107 through lie, of the Public Records of Ce
Terrace SW, Naples, Florida 34116. '
TOGETHER WITH all the Improveme
royalties, mineral, oil and gas rights and profits,
and etlditlons shall also be covered by the Secu
BORROWER COVENANTS that Barr
convey the Property and that the Property is u
(?".L the title to the Property against all claims and d
THIS SECURITY INSTRUMENT Co
jurisdiction to constitute a uniform security Inst
UNIFORM COVENANTS. eortower
".Payment of Principal and Intoner
interest on the debt evidenced by the Note,
2. Taxes. The Mortgagor will Pay all
ig to the plat thereof as recorded in plat Book 6,
has the address Of: ("Property Address"): 2224 60th
erected on the , and all easements, rights, appurtenances, rents,
* and all f lures n or reafter a pari of the properly. All replacements
is role ed t n this Security Instrument as the "Properly'.
he Sala hereby nv yed and has the right to mortgage, grant and
rd. Borrower warrants and Will defend generally
Nye Cod.
6,.r . na es an no -uniform covenants with limited variation by
...,,V
Late
Late ChaB rto (� II promptly pay when due the principal of and
. sewer ren o !'ref prior to the accrual of any penalties or Interest
thereon.
The Mortgagor shall pay or cause to be pal , e,�a respacti due, (a) all taxes and governmental charges of any
kind whatsoever which may at any time be lawfully ease d$r' �qggyy r aspect to the Property. (b) all utility and other charges,
Including "service charges", Incurred or imposed for the opera ml6aah occupancy, upkeep and Improvement of the Properly, and
(c) all assessments or other governmental charges that may lawfully a 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.
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 imposlllons attributable to the Property which may
attain priority over this Security Instrument, and leasehold payments of ground rents, If any.
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 Igen In, legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien; or (c) secures from
the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part
of the Property is subject to a lien which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the lien.
Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
6. Hazard or property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property Insured
against loss by fire, hazards Included within the term "extended Coverage" and any other hazards, Including goods or flooding, for which Lender
requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The Insurance carder
providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower falls to
maintain coverage described above, Lender may, at Lenders 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 , all-risk Insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises
by fire, lightning, and other casualties customarily insured against, 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 replacement cost of the Premises, exclusive of footings
and foundations.
All Insurance policies and renewals shall be acceptable to Lender. Lender shall have the right to hold the policies and renewals. If
Lender d premiums and renewal
he
vent
give prompt requires.
notice to the insurance carrierr and Lender. Lender may make) notices.
give to Lender all prroof of loss If not made proptly bytBorrrof loss, Borrower shall
Borrower.
OR 4707 'PG 565
Unless Lender and Borrower otherwise agree in writing, Insurance proceeds shall be applied to restoration or repair or the Property
damaged, if the restoration or repair is economically feasible and Lenders security Is not lessened. If the restoration or repair is not
economically feasible or Lenders secudly 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 carder 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 sec
by this Severity 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 t or change the amount of the payments. If under paragraph
21 the Properly 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.
S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds.
Borrower shall occupy, establish, and use the Property as Borrowers principal residence within sixty days after the execution of this Security
Instrument and shall continue to occupy the Property as Borrowers principal residence for full term as described in the note, unless Lender
otherwise agrees In writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond
Borrowers control. Borrower shall not destroy, damage, or impair the Property, allow the Properly to deteriorate, or commit waste on the
Property. Borrower shall be In default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lenders good faith
judgment could result in forfeiture of the Property or otherwise materially Impair the lien created by this Security Instrument or Lenders 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 Lenders good faith determination, precludes forfeiture of the Borrowers interest in the Properly or other material
Impairment of the lien created by this Security Instrument or Lenders 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 Borrowers occupancy
of the Property as a principal residence. If this Security Instry;qn Id, Borrower shall comply with all the provision of the lease.
If Borrower acquires fee title to the Property, the leasehol Agit, a unless Lender agrees to the merger in writing.
7. Protection of Lenders Rights In the P orrower the covenants and agreements contained in this
Security Instrument, or there is a legal proceedin y significantly affect rights In the Property (such as a proceeding in
bankruptcy, probate, for condemnation or forfeilu or to laws or regulations), I n Le der may do and pay for whatever is necessary to
protect the value of the Property and Lenders r let t L riders ctions aIn y ude paying any sums secured by a lien which
has priority over this Security Instrument, appe Ing co 4,'¢ey'ng reasons domeys fees and entering on the Property to make repairs.
Although Lender may take action under this arag a an oe a o d y amounts disbursed by Lender under this
paragraph 7 shall become additional debt of 0 rro s b is e e . Unle s Borrower and Lender agree to other terms
of payment, these amounts shall bear interest fro he date f isb rs e a N ra a an shall be payable, vrith Interest, upon notice
from Lender to Borrower requesting payment.
8. Mortgage Insurance. If an r i rt s es it making the loan secured by this Security
Instrument, Borrower shall pay the premiums I to maintain the mortga insu ce i . If, for any reason, the mortgage insurance
coverage required by Lender lapses or as in effect. Borrower sh ay he ms required to obtain coverage substantially
equivalent to the mortgage insurance previously I. at a cost substantial u a he cost to Borrower of the mortgage insurance
previously in effect, from an alternate mortgage i roved by Lender. If su I I equivalent mortgage Insurance coverage Is not
available, Borrower shall pay to Lender each mont qual to one•twelft a eady mortgage insurance premium being paid by
Borrower when the Insurance coverage lapsed or ceas i pt, use and retain these payments as a loss reserve
in lieu of mortgage Insurance. Loss reserve payments me - e option of Lender, If mortgage Insurance coverage (in
the amount and for the period that Lender requires) provided proved 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.
8. Inspection. Lender or Its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower
notice at the time of or prior to an Inspection specifying reasonable cause for the Inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, In connection with any condemnation
or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the
event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due,
With any excess paid to Borrower. In the event of a partial taking of the Property, in which the fair market value of the Property Immediately
before the taking Is equal to or greater than the amount of the sums secured by this Security Instmment 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 faking is less than the amount of the sums secured Immediately for the taking,
unless Borrower and Lender otherwise agree In writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing, any
application of proceeds to principal shall not extend or postpone the due dale 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 Borrowers successors in Interest Lender shall not be required to commence proceedings
against any successor in Interest or refuse to extend time for payment or otherxise modify amort@ation of the sums secured by this Security
Instrument by reason of any demand made by the original Borrower or Borrowers successors in Interest. Any forbearance by Lender in
exercising any right or remedy shall not be a waiver of or preclude the exercise of any light or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co -Signers. The covenants and agreements of this Security
Instrumencovenantstand lagreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is
OR 4707 PG 566
co-signing this Security Instrument only to mortgage, grant and convey that Borowers interest in the Property under the terms of this Security
Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender arid 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 Borrowers 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 ii by first
Gass mall 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.
16. Governing Law; Severability. This Security Instrument shall be governed by federal law and this 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 crony part of the Property or any interest in Itis sold or
transferred (or if a beneficial Interest in Borrower is sold or transferred end 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 Bonower n The notice shall provide a period of not less than 30 days
from the date the notice is delivered or mailed within whtc�a�pr s secured itby tbs this SecuritimInstrument w lhout further falls r
pay these sums prior to the expiration of this period V invoke a Y Y
notice or demand on Borrower. v
18. Borrower's Right to Reinstate. If o r meets certain conditions, row shall have the right to have enforcement ofthis
Security Instrument discontinued al any time 'ort t C a 5 s or ch her period as applicable law may specify for
reinstatement) before sale of the Properly pu uan o r of sale t lined in Is eurity instrument; or (b) entry of a judgment
enforcing this Security Instrument. Those con d!on B r, s ender at sum which then would be due under
alliex Security
Instrument and the Note as if no acceleration ad o u r u a y r s enants or agreements; (c) pays p
Incurred in enforcing this Security instrument, nclu ng, but 1 I it d , re a m Ys t as; and (d) takes such action as Lender may
reasonably require to assure that the lien of th ri I n , n e right n a r and Borrowers obligation to pay the sums
secured by this Security Instrument shall cent n Co. r me o , this Security Instrument and t(ethe obliggations of
secured hereby shall remain fully effective as ,y, cceleration had occure How ver, ghl to reinstate shall not apply
acceleration under paragraph 17.
19. Sale of Note; Change of Loan Se The Note or a partial e i ate (together with this Security Instrument) may
be sold one or more limes without prior notice to r. A sale may result in dgg in the entity (known as the "Loan Servicer') that
collects monthly payments due under the Note and i�q, fly Instrument. T 14o ay be one or more changes of the Loan Servicer
unrelated to a sale of the Note. If there is a change of a given written notice of the change in accordance with
paragraph 14 and applicable law. The notice will slate lit new Loan Servicer and the address to which payments
should be made. The notice will also centain any other informau pplicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any
Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any governmental or
regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual
Hazardous Substance affecting the Property isorrower leams, or is notified bnecessary,ernmental or Borrower shale regulatory
y take rall,that necenecessary medial actions in aal or other edlation of ccordance witany
Environmental Law.
As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20,
"Environmental Lew" means federal laws and laws of the jurisdiction where the Properly is located that relate to health, safety or environmental
protection.
21. Acceleration; Remedies. Lender 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 Instmment, 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 proceeding the nonexistence of a
default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice.
Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
provided in this paragraph 21, Including, but not limited to, reasonable attomeys 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.
*** OR 4707 PG 567 ***
23. Attomeys' Fees. As used in this Security Instrument and the Note, "attomeys' fees" shall include any ahomays' fees awarded by
an appellate court.
24. Special Covenants.
Subsidy Retention.
a. Fair Market Value: Fair Markel Value is the market value of the Property as reasonably determined by appraisal. Lender
and Homeowner shall mutually select an appraiser whose determination shall be deemed Fair Market Value. If Lender and
Homeowner cannot mutually agree on an approlser, each shall select an appraiser who shall each submit an appraisal. If
the two appraisals differ, then the average of the two appraisals shall be deemed the Fair Market Value. All costs of
appraisal shall be bome by Homeowner.
b. Term: The Subsidy Retention requirement shall commence upon transfer of title to the Property to Homeowner and shall
end on the later of (1) the original maturity date of the Note; or (ii) fifteen (15) years.
c. Purpose: The subsidy retention amount is the amount necessary to reduce the purchase price to an affordable level for the
qualifying Homeowner having an Income below one hundred twenty percent (120%) of the Area Median Income ('AMI).
d. Index: U.S. Department of Labor Bureau of Labor Statistics consumer Price Index - All Urban Consumers Miami -Fart
Lauderdale, Florida Area, effective date of proposed transfer.
e. Appreciation Limitation: Should Homeowner desire to transfer the Property prior to maturity dale of the Note and
Mortgage, appreciation shall be limited to the original purchase price plus annual appreciation based upon the Index defined
in section (I)(d) of this Mortgage. For example, assume the Homeowner purchases the home for $175,000 and there Is a
3% annual Income inflation as determined by the Index, then at the end of five years the house will be worth $202,873.00
representing the projected Homeowner equity of $27,873.- Notwithstanding that the Property could be sold for a greater Fair
Market Value than $202.873,$202,873 will be th m allowable purchase price the house can be sold for, and only to
an income qualified Applicant, approved a ty and Human Services.
f. Joint and Several Liability: EacVint
p oi�er/'�gpg s Homeowner shall be jointly and severally liable for
each and every obligation arising � ` 318
SIGNING BELOW, Borrower accepts and
by Borrower and recorded with it.
Signed, sealedgend delivered in the preser
Instrument and In any rider(s) executed
Mandalay Circle, Naples, Florida 34112
STATE OF FLORIDA
COUNTY OF COLLIER
I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and In the county aforesaid to take
acknowledgements, personally appeared KARYNN M. CAVERO 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 some for the purpose therein expressed.
WITNESS my hand and official seal in the County and Stale aforesaid this day of -1.ft---
2011.
My Commission Expires:CIS
NoWr-y P
ub
lilics Signa r
g
(Seal) / `'J-rv- `r '� 1 —7
Notary's Printed Name
giffi
TAYLORn#OD 891857ay 21 2013rrmrr'.+exwsmra
WBS Element
-.1 Fund
J Cost Elem. r) Cost element name j Doc. Text
I Ref Document No { Posting Date -
-lE. yaIjCOAma Crcy
33050.1
- -
a 121
369600
GRANT PROGRAM 1NCO14E CHS
! 100850368 -01(10/2017
3,861.00
369600ra
GRANT PROGRAM INCO
-
3,861.0f)-
,861.0033050.1
33050.1
b
.. 3,861.00
33050.2.42
- i121
1369600
GRANT PROGRAM INCO14E CHS -
100850368 01(10/2017
34,749.00-
369600
GRANT PROGRAM INCO„
- 34,749.00
33050.2.42
LS
.. 34,749.00
L.. 38,61O.00
FEB 2'17 fiats;: 01
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants, hereinafter referred to as Declaration, is
made and entered into on the 21 day of June, 2011, by Karynn M. Cavero, her
successors and assigns, hereinafter referred to as "the Owner", in favor and for the
benefit of COLLIER COUNTY, a political subdivision of the State of Florida ("COUNTY"),
for the property legally described below.
Lot 12, Block 125 Golden Gate, Unit 4, according to the plat thereof as
recorded in Plat Book 5, Pages 107 through 116, of the Public Records of
Collier County, Florida and which has the address of ('Property
Address"): 2224 50th Terrace SW, Naples, Florida 34116. Parcel Number
36116280005 hereinafter referred to as "Property".
WITHESSETH:
1. The Owner agrees to all terms of the Neighborhood Stabilization Program ("NSP") as
funded by the Federal Housing and Urban Development (NSP/HUD) program as set
forth in the Collier County NSP Action Plan, as amended.
2. Owner had repaid the down payment assistance provided under the terms of the
Purchase Money Mortgage recorded in Official Records Book 4707, Page 555 of the
Official Records of Collier County, Florida, and agrees that the subsidy retention
requirements and definitions set forth therein continue to apply to the Property until June
22, 2026 as follows:
a. Fair Market Value: Fair Market Value is the market value of the Property as
reasonably determined by appraisal. Lender and Homeowner shall mutually select
an appraiser whose determination shall be deemed Fair Market Value. If Lender and
Homeowner cannot mutually agree on an appraiser, each shall select an appraiser
who shall each submit an appraisal. If the two appraisals differ, then the average of
the two appraisals shall be deemed the Fair Market Value. All costs of appraisal
shall be borne by Homeowner.
b. Term: The Subsidy Retention requirement commenced upon transfer of title to the
Property to Owner and shall end on June 22, 2026 .
c. Purpose: The subsidy retention amount is the amount necessary to reduce the
purchase price to an affordable level for the qualifying homeowner having an income
below one hundred twenty percent (120%) of the Area Median Income (AMI).
d. Index: U.S. Department of Labor Bureau of Labor Statistics Consumer Price Index —
AII Urban Consumers Miami -Fort Lauderdale, Florida Area, effective date of
proposed transfer.
e. Appreciation Limitation: Should Owner desire to transfer the Property prior to June
22, 2026, appreciation shall be limited to the original purchase price plus annual
appreciation based upon the Index defined in section (d) of this document. For
example, assume the Homeowner purchases the home for $175,000 and there is 3%
annual income inflation as determined by the Index, then at the end of five years the
house will be worth $202,873.00 representing the projected Homeowner equity of
$27,873. Notwithstanding the Property could be sold for a grater Fair Market Value
than $202,873, $202,873 will be the maximum allowable purchase price the house
can be sold for, and only to an income qualified applicant, approved by the Collier
County Community and Human Services (FKA, Collier County Housing and Human
Services).
f. Joint and Several Liability: Each person executing this Mortgage as Homeowner
shall be jointly and severally liable for each and every obligation arising hereunder.
For the term of this Declaration, each and every contract, deed, or other instrument hereafter
executed conveying the property or portion thereof shall expressly provide that such
conveyance is subject to this Declaration, provided, however, that these covenants contained
herein shall survive and be effective regardless of whether such contracts, deed or other
instrument conveyance is subject to this Declaration.
Upon expiration of the period during which Owner is obligated to operate the Property in
accordance with the Subsidy Retention requirement this Declaration shall terminate and shall no
longer be effective.
[SIGNATURE AND NOTARY PAGE TO FOLLOW]
f r
Witness�gnature
Print: r - a"F'Y 41( f'✓
STATE OF FLORIDA
COUNTY OF COLLIER
AaSwornto nd subscribed before me
` ly (name),
perso ally known to me or has produced _
Owner
By.
Print:
this 907%day of
as identification.
WITNESS my hand and official seal this ;060 day of
(affix notarial seal)
BENERITA BROPHY
eE Notary Public •Slate of Florida
Commission M FF 948942
My Comm. Expires Jan 10, 2020
Approved as to form and legality:
Ic K ilc— --�
JERft IFER A. BE P DIO
Assistant County A rney
201? by
who is
NOTARY PUBLIC
Serial/Commission:
My Commission Expires:
ORIGINAL DOCUMENTS CHECKLIST c& ROUTING SLIP 160
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE:
Print on pink paper, Aunch to original document. Origimd docunrents should be hand delivered to the Board Onice.'the completed (calling .slip mid original
documents are to be forwarded to the Board Otuae only aftett the Bowd has taken action mi the item.)
ROUTING SLIP
Complete muting lines til through 94 as appropriate fiir additional sibmamres, dmo, and/or info oration needed. if the document is already enmplcic with the
exception arthe Chairman's shimmure, draw a line through routing lines NI throunh 94, complete the dieeklist, and forward to Sue Filson Vinek5).
Route to Addressee(s)
List in routing order)
Office
Initials
Date
(,Frank Ramsey
Housing and Human Service
(Initial
Applicable)
2. Chairman Tom Henning
BCC
Agenda item Number
I6D_ j
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4,
Amendment
Number of Original
1
5. Sue Filson, Executive Manager
Board of County Commissioners
Documents Attached
6, Minutes and Records
Clerk of Cowl's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder ordu original document pendhrg BCC approval. Normally the primary contact is ate person who comted'prepared the executive
summary. Primary contact information is needed in the event one ol'die addressees above, incl (ding Ste I'ilsan. need to "hies sbt rflir additional or missing
infornatioa All original documents needing die RCC Chairman's si;ymture are to be delivered to the BC'C olf ice oulp altar the RCC tins acted to approve the
item.)
Name of Primary Staff
Frank Ramsey, Housing Manager
Phone Number
252-2336
Contact
appropriate.
(Initial
Applicable)
Agenda Date Item was
11/18/2008
Agenda item Number
I6D_ j
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Amendment
Number of Original
1
Anne
I
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ Cotmty Fonts/ BCC Forms/ Origimd Documents Roulithi Slip W W S Original 9.01.0.1, Revised 116.05, Revised 2.24,05
Initial the Yes column or mark "NIA" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial
Applicable)
L
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials,)
_27
All handwritten strike -through and revisions have been initialed.by the County Attorney's
n/a
Office and all other aardies except the RCC Chairman and the Clerk to the Board
3•
The Chairman's signature line date has been entered as the date of BCC approval of the
document or [he Fina( ne otlated contract date whichever is Applicable.
4.
"Sign hero" tabs are placed on the appropriate pages indicating where the Chairman's
HL
signature, and initials are required.
57
In most cases (some contracts are an exception), the original document anal this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some doctnnents are time sensitive and squire forwarding to Tallahassee within it certain
time frame or the BCC's actions sire nullified, Be aware of your deadlines!
G.
The document was approved by the BCC on 11118/2008 and all changes made daring
the meeting have been incorporated In the attached document. The County Attorney's
,
Office has reviewed the changes, it applicable.
I: Forms/ Cotmty Fonts/ BCC Forms/ Origimd Documents Roulithi Slip W W S Original 9.01.0.1, Revised 116.05, Revised 2.24,05
November 18, 2008
Maria Ortiz -H i I I
Director
Community Planning and Development
US Department of Housing and Development Division
Brickell Plaza Federal Building
909 SE First Avenue Room 500
Miami, FL 33131-3042
RE: Notification of NSP Amendment to 2008-09 HUD Action Plan
Dear Ms. Ortiz -Hill:
Tile Collier County Board of County Commissioners (BCC) met on Tuesday, November 18,
2008, and considered the substantial amendment to our One Year Action Plan as directed by our
approved Citizen Participation Plan. The amendment addresses how Collier County will program
and expend the funds awarded in the Neighborhood Stabilization Program (NSP),
This amendment was advertised in a local newspaper on October 20, 2008 and posted on the
colliergov.net website for 15 days beginning on October 22, 2008, A 15 -day public comment
period advertising the proposed NSP amendment began on October 22, 2008 and closed on
November 6, 2008. The amendment was approved at the November t 8, 2008, regular meeting of
the BCC.
We believe this program will assist our citizens earning less than 120% of the rnedian income to
find decent, affordable housing utilizing existing properties that have been foreclosed,
A listing of the strategies and proposed funding are attached for your records. Should you have
any questions on this amendment, please contact Ms. Marcy Krumbine, Director of the Housing
and
`Human Services Department at 239-252-4663 (HOME).
eerely
Since._/ VV,
Tom Henning
Chairman
Collier County Board of County Commissioners
Enclosure: Collier County Budget and Strategy Summary
COLLIER Co_t-STCSSP ALLOCATION i ",3061155.00
Annmul by
,AdIri".
50-� ANII aml 1300,3
Alunlmr
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ilia
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L
S 730.6' 00 _+
S
$
S ?!•e".''0c
Reale
Ac union and RehabJramm oFFareclo,M Prqtrwi for Rea
;.-
5 3 879 (,
I -5ir.('F `0
i
).14!7 '30,00
0
5 __FA) "Y::^:
Ac ancien and Rehabdilouoa or Fomdowd Prn ernes for RentA
5 1.5-6,34."-0
5 8I1.?)4:'P
S_
'1'!700.!105
TC
Direct
Honwbum A,xwwcr m Ac nw, Fuleclo d?r ,chin
5 40000000
5
$
042005!.-0
5 +Orn, �i ,iC
Howebmer Edu<arlon
i '0.000/,•0
i S9.i:C•o Po
)
iF.i0000
i 'ii0,0 iir
Delnoliliwl ofAceurtrd Fo, ttoud P:c ernes
S '0370000
S --- 1^5.00G.Ce7
S
14U.(ri0170
_
S .`Gi.O:iir O,;
Laud Sonkmg of PmPenia
S 500.000017
S lA0JXr'00
S
150.0610.00
$00
TOTALS
5 ",306,'SSd,O
Sy 1.82`.000.00
S
4,'49,090.00
5',306.-55.0(:
PERCENTAGE OF TOTAL ,ALLOCATION
25.00°.
65AV.
APPLICATION FOR
FEDERAL ASSISTANCE
_i TWfVM 8ISSIPN: I-"— _._......_ _...
AApp Ocalion PI.Ppticallan
s0•I Construction construction
!Lr, No i (CANT IMPON � Non,Gptt@tf94i14n
.. 11hINFnRMdTi'oN
OMB AUDTOVBA NC. 3075-OOC6 Version 7103
647E R fdIEN90 BY STATE '•51ute Appiicalion ide'nlMF
4 DATE RECEIVED BY FECEHAL ABENbV Federal IdenClOer
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Housing and Human Sorvlces
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gait DUNS:
018 8 8 7 7 90
Public Sorvices
11i
Address:
Nemf end toLphanp number of porion to W canmcted an matton
3treai:--'_
Invalvinalhl6 eP�llueon (Give eros andel
3301 Tamlaml Trail E
Prefix: ,FlrsNl!•eme; _._..."__I
Building N .._.....__._..
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marcykrumbino§collier ov not
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Ee�NlMYERIDENTIFICATION NUMBER �
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Ph one Number taiwe.4 codr) kart Numbnr (9rv<area wda)
1
239 262-644 2 289262-2638 t
I
: 8.OPLI ANy:
T,TYPE OFAPP CANT: (See back of form for Applicationi Typeej••
V New F Continuation r Revision
County
rI Ravisiory enter approprialo lobar s) in box(oe)
(Seo beck of loan rot deseripllon o� letters l Li ❑
L
Other (specify)
other(spadlyf
9. NAMEOF FEDERAL AGENCY:
Housing and Urban Development
18. CATALOG OF FE Eef ETIASSISTANCE NUMBER;
11-3E�ORIPTIVE TITLE OF APPLICANT'S PROJECT:
Collior County Neighborhood Slablllza@on Program
ll
TITLE (Name of Pro ram):
Neighborhood Stebll¢alion Program
..-.-......-___.._�_.__......._..,,_........._.�
t2. AREAS FFEC D v PROJECT (G(r)as, Gounaas. States, etc)
j
Collier County
117. PROPOSED PR ECT
1
i)
t .�OR BBIONAL DISTRICTS OF:
;Start oats: End'ng Deter
jJanuery 15, 2900 30, 2013T
'74125 14125
-Duty —.�.__..._1
•15, 0571MATED FUNWNO:
ae•1 APPLICATION SUBJECT TO EW TA EE'SIEdU1'1VE•
'
--- 'S •••-• -_� � —�—
------------
�a Koderel -
ft ER 1231 PROQ 99z.,., .._.... _....__..._,_.
HS PR AAPLIOATIONIAPPLICATION WAS MADE
• 7,306,765
a Yos. AVAILABLE TO THE STATE EXECUTIVE ORDER 12372
h Apparent - `....� U
PROCESS FOR REVIEW ON
c. 6 ot�f o •'
i 0
DATE:
d Locei•- �� W_ g •
I
I b No. jr, PROGRAM IS NOT COVERED DY E. 0 12372 ;
......
e. Oihar C0
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11
� OR PROGRAM HAS NOT SEEN SELECTED BY STATE
C FOR REVIEW
_._._....._ ......_.....
1 Program Inaoma 0
117.18 KE A FLICANT PrLIL QUENT ON ANY FEDERAL DES'll
G. TOTAL 1.306,705
ri Yes (('Yes'sllach an explinalion. '✓1 No )
BE T F KNo EDGE AND BELIEF, ALL RATA IN THIS APPL PL C -Al ION ARB fAUE AND ORRECT. THE
DOCUMENT HAS BEEN DULY AUTHOTUZEO BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE
TTACHEO ASSURANCES IF THE ASSISTANCE 18 AWARDED.
—
6a A•Jll!antWLF.t� ^_...._.._._ .......__..._�_-
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Charman, Hoard of Caunly Cemrriesronere
2. 2.8097
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Date Slgnud
V,eviuud Edition Usable
AafFnry " lo• Local Hamlydur. n
ATTE87:
DM(3K,' E, DROM C;IGfh
By:aad, -tea l
Sranderd Fbon 424 Rev 9.2611 ,
Apprb"dlamltMNlem 1B- loiency
Collelin Greene,
Assistant County Attorney
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0M9 App!oval No. 0748-0840
ASSURANCES- NON�CONSTRUCTION PROGRAMS
reporting burden for this collection of information Is estimated to average 15 minutes per response, including time for review
tions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection
)tion. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions
ig this burden, to the Office or Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE Or MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE; Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency Further, certain Federal awarding agencies may require applicants to codify to additional assurances. If such
Is the case, you will be notified.
As the duly authorized representative otthe applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance
and the institutional, managerial and financial capability
(including funds sufficient to pay the non -Federal share
of project cost) to ensure proper planning, management
and completion of the project described in this
application.
2. Will give the awarding agency, the Comptroller General
of the United States and, If appropriate, the Stale,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and wilt establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives
3. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of Interest, or personal gain.
4. WIII )ol6me and Complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
6. WIII comply with the Intergovernmental Personnel Aot of
1970 (42 U.S.G. §§4728.4763) retailing to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or regulations specified In
Appendix A of OPM's Standards for a Merlt System of
Personnel Administration (5 C.F.R, 900, Subpart F),
8. Will comply with all Federal statutes totaling to
nondiscrimination. These Include but are not hmited to:
(a) Title A of the Civil Rights Act of 1964 (P.L. 88-362)
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education
Amendments of 1972, as ornandod (20 U.S.C. §§1081-
1683, and 1685.1666), which prohibits discrimination on
the basis or sex; (c) Section 504 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination an the basis of handicaps; (d)
the Age Discrimination Act of 1975, as amended (42
U.S.C. §§8101.6107), which prohibits discrimination
on the basis of ape; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L 92.256), as amended,
releting to nondiscrimination on the oasts of drug
abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 9Y-816), as amended, (elating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§623 and 527 of the Public Health
Service Ac(of 1912 (42 U.S.C. §§290 dd•3 and 290 so
3), as amended, relating to confidentiality of alcohol
and drug abuse patlent records: (h) Title VIII of the
Civil Rights Act of 1908 (42 U.S,O. §§3801 at seq.), as
amended, relating to nondiscrimination in the sale,
rental or financing of housing; II) any other
nondiscrimination provisions In the specific statulo(s)
under which application for Federal assistance Is being
made; and, 0) the requirements of any other
nondiscrimination statute($) which may apply to the
application.
WIII comply, or has already complied, with the
requirements of Titles it end III of the Uniform
Relocallon Assistance and Reel Property Acquisition
Policies Act of 1970 (P.L, 91.646) which provide for
fair and equitable treatment of parsons displaced or
whose property is acquired as a result of Federal or
foderally-assisted programs, These requirements apply
to all interests in real property acquired for project
purposes regardless of Federal participation in
purchases
6. WIII comply, as applicable, with provisions of the
Hatch Act (5 U.S.C. §§1501.1508 and 7324-7328)
which limit the political activities of employees whose
principal employment activities are funded in whole or
in part with Federal funds.
Previous adNlon usable standard Farm 4248 (Rev. T•97)
Authorized for Local Reproduction Prescribed by OMB Circular A•102
9. WIII comply, as applicable, with the provisions of the Davis -
Bacon Act (40 U.%C. §§270a to 276a-7), the Copeland Act
(40 U.S.C, §276c and 18 U.S.C. §874), and the Convect
Work Hours and Safety Standards Act (40 U.S.C. §§327
33$), regarding labor standards for federally.asslsled
constnrction subagreements.
10. WIII Comply, if applicable, with flood Insurance purchase
requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special food hazard area to parlicipalo In the
program and to purchase flood Insurance if the total cost of
insurable Construction and acquisition is $10,000 or more
11. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) prolecilon of wetlands
pursuant to EO 11990: (d) evaluation of food hazards in
floodplains In accordance with EO 11988; (a) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U.S,C. §§1451 at seq.): (1) Conformity of
Federal actions to State (Clean Air) implementation Plans
under Section 170(c) or the Clean Air Act of 1955, as
amended (42 U,S.0 9§7401 of see.); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L. 93.523);
arid, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L, 03.
205).
12. Will Comply with the Wild and Scenic Rivers Act of
1968 (16 U S.C, §§1271 at aaq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1906, as amended 116 U.S.C. §470), EO 11593
(identification and protection of historlo properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.0 §§469a -t 91 seq.).
14. WIII comply with P.L. 93.348 regarding The protection of
human subjects Involved in research, development, and
related activities supported by this award of assistance,
15. Will comply with the Laboratory Animal Warfare Act of
1966 (P,L, 89.544, as amended, 7 U.S.C. §92131 at
sect) pertaining to the Cam, handling, and treatment of
warm blooded animals held for research, teaching, or
other activities Supported by this award of asalsiance.
16. Will comply wilh the Lead -Based Paint Poisoning
Prevention Act (42 U.S,C. §§4801 at seq.) which
prohibits the use of lead-based paint In construction or
rehabilitation of residence Structures.
17. Will cativo to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of Statos, Local Governments, and Non -Profit
Organizations."
18. WIII comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
Chairman. Board of County
Collier County
Approved as to form & ta0a) sufficiency
^ ATTEST
")WIGHT E. eAOCKr.CferPc
Colleen Greens,
at
CERTIFICATI®NS
(1) Affirmatively furthering fair housing, The jurisdiction will affirmatively further fair housing, which means
that it will conduct an analysis to identify impedimenta to fair housing choice within the jurisdiction, take
appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain
records reflecting the analysis and actions in this regard.
(2) Anti -lobbying. The jurisdiction will comply with restrictions on lobbying required by 24 CPR part 87,
together with disclosure forms, if required by that part.
(3) Authority of Jurisdiction, The jurisdiction possesses the legal authority to carry out the programs for which
it is seeking funding, in accordance with applicable HUD regulations and other program requirements.
(4) Consistency with Plan, The housing activities to be undertaken with NSP funds are consistent with its
consolidated plan, which means that NSP funds will be used to meet the congressionally identified needs of
abandoned and foreclosed homes in the targeted area set forth in the grantee's substantial amendment.
(5) Acquisition and relocation. The jurisdiction wilt comply with the acquisition and relocation requirements of
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C,
4601), and implementing regulations at 49 CFR part 24, except as those provisions are modified by the Notice for
the NSP program published by HUD.
(6) Section 3. The jurisdiction will comply with section 3 of the Housing and Urban Development Act of 1968
(12 U.S,C. 1701u), and implementing regulations at 24 CFR part 135.
(7) Citizen Participation. Thejurisdiction is in full compliance and following a detailed citizen participation plats
that satisfies the requirements of Sections 24 CFR 91.105 or 91.115, as modified by NSP requirements.
(8) Following Plan, Thejurisdiction is following a current consolidated plan (or Comprehensive Housing
Affordability Strategy) that has been approved by HUD.
(9) Use of funds in 18 months. The jurisdiction will comply with Title III of Division B of the Housing and
Economic Recovery Act of 2008 by using, us defined in the NSP Notice, all of its grant funds within 18 months of
receipt of the grant,
(10) Use NSP funds < 120 of AMI. The jurisdiction will comply with the requirement that all of the NSP funds
made available to it will be used with respect to individuals and families whose incomes do not exceed 120 percent
of area median income.
(11) Assessments, Thejurisdiction will not attempt to recover any capital costs of public improvements assisted
with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount against properties owned.
and occupied by persons of low- and moderate-incomo, including any fee charged or assessment made as a condition
of obtaining access to such public improvements. However, if NSP funds are used to pay the proportion of a fee or
assessment attributable to the capital costs of public improvements (assisted in part with NSP funds) financed from
other revenue sources, an assessment or charge may be made against the property with respect to the public
improvements financed by a source other than CDBG funds. In addition, with respect to properties owned and
occupied by moderate -income (but not low-income) families, an assessment or charge may be made against the
property with respect to the public improvements financed by a source other than NSP funds if the jurisdiction
certifies that it tacks NSP or CDBG funds to cover the assessment.
(12) Excessive Force. The jurisdiction certifies that it has adopted and is enforcing: (1) a policy prohibiting the use
of excessive force bylaw enforcement agencies within its jurisdiction against any individuals engaged in non-violent
civil rights demonstrations; and (2) a policy of enforcing applicable State and local laws against physically barring
entrance to or exit from, a facility or location that is the subject of such non-violent civil rights demonstrations
within its jurisdiction.
(13) Compliance with anti -discrimination laws. The NSP grant will be conducted and administered in
conformity with title VI of the Civil nights Act of 1964 (42 U.S.C. 2000d), the Fair Housing Act (42 U.S.C. 3601-
3619), and implementing regulations.
(14) Compliance with lead-based paint procedures. The activities concerning lead-based paint will comply
with the requirements of part 35, subparts A, B, J, K, and R of this title.
(15) Compl[ a with i The jurisdiction will comply with applicable laws,
Signature Authorized Official zr
1.�-'�l{>riMYI
Title
Approved as to form & legal sufficiency
&*&t_�c0_k n_._-
Colleen Greene,
Assistant County Attorney
0 ►g
Dat
ATTES"I
DWIGH�}T' �S__�BROCK, clerk'`
Attest U to 041riaw
signature ont• .
10
Agenda Item No, 16D3
November 18, 2008
Page 1 of 39
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to approve the Neighborhood
Stabilization Program (NSP) amendment to the 2008-09 HUD One Year Action Plan and
authorize the Chairman to sign the necessary certifications and documents to submit the
document to Housing and Urban Development (HUD) by December 1, 2008.
OBJECTIVE: For the Board of County Commissioners to approve the proposed amendment to
the 2008-09 HUD One Year Action Plan to incorporate strategies for the Neighborhood
Stabilization Program (NSP) and authorize the Chairman to sign the associated certifications and
documents for submittal.
CONSIDERATIONS:
On April 22, 2008, the Board adopted Resolution No. 2008-121 approving the submittal of the
annual Action Plan to HUD for $3,089,381,00 in entitlement funds for FY 2008-2009. On July
30, 2008, President Bush signed into law the Housing Economic Recovery Act (HERA) to
provide emergency assistance for the redevelopment of abandoned and foreclosed homes. The
Secretary of HUD established a formula for the distribution of the funds, This formula included
the rate of foreclosures within a jurisdiction as well as the percent of subprime mortgages,
On September 29, 2008, Collier County was notified by HUD about the amount of NSP funding
m. that will be allocated to the County. Collier County will receive $7,306,755 in NSP funding. Of
this amount, twenty-five percent (25°/4) of the funding or $1,827,000.00 must be used to serve
households who earn 50% or less of the Area Median Income. The grant allows for 10% to be
used for program administration as well.
In order to receive this grant, Collier County must make a significant amendment to its 2008-09
Action Plan utilizing the template provided by HUD. Collier County's Housing and Human
Services has developed the attached Action Plan for the Board's approval, The Plan was
advertised for public comment on Monday, October 20, 2008 and posted on the County's
website on October 22nd for the 15 day public comment period as required by law. Any
comments received have been included in the Action Plan amendment.
The Plan contains strategies to use NSP funds for the acquisition, rehabilitation and resale or rent
of foreclosed and abandoned properties in Collier County. It includes strategies to deliver
homebuyer's education and counseling to applicants, purchase assistance to applicants who
purchased bank -owned properties, demolition and new construction and the opportunity to land
bank properties for future development. The proposed budget is listed below:
COLLIER COL'STY SSP AF,LOC ATIOS
5 ',39G.T55.o0
Ain mit by
Aak it,
50ao AIR quit Helmr
AwOnnf
5Iq'e-1n0%AMI
Amount
To11I 61
Artirlrc
Plmiwua and Adm,msuanon
5 700.675-00
5
S
S 730.67S.PU
At wwum, and Rthab,hraiimt of ForedOud Propnrre5 ter Revolt
S 3.P9.7i5 30
S _ %iU.6^5 Stl
5
3113,080.00
S 3.879-lii >n
Ac uslian writ Rthnbdnahon 0117-1 °foxed Pr° ernes for Rnnal
S 13]6.324.50
S 31 IX490
S
715,000.00
$ 65`L3`4 i0
Duras Homt04rer Assiwmm to AcOnue Foredo,ed Prcprnirc
HorntOmer Education
S 400.09090
S 10.000.00
$ -
5 }5.6(10.00
S
5
400.000.00
35.000.00
$ 400.000.00
5 70.00090
P,umiuon ofAMinred F°reelO,ed Prepen,ew _
Lmld Hpuking of Pro carie,
S X00.000,00
S 500.000.00
S_ 100.60400
3 _ 150,00 00
5
S
100.000.00
?90.000.00
S 20U,NNi,i
S 500.000.00
TOTALS
S'006.'55,00
5 Ls0',.000.00
S
A149,080,00
S ;306,755.00
PERC'ESTAGE OF TOTAL ALLOCATION'
2z 60°a
65.004:
Agenda Item No, 16D3
November 18, 2008
Page 2 of 39
The proposed NSP Amendment must be submitted to HUD by December 1, 2008.
FISCAL IMPACT: By approving this proposed amendment, Collier County will be awarded
over $7.3 million dollars in grant funds.
GROWTH MANAGEMENT IMPACT: The NSP amendment to create affordable housing
will fwther the goals, objectives and policies of the Growth Management Plan's Housing
Element.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office.
It is legally sufficient for Board action. - CMG
RECOMMENDATION: That the Board of County Commissioners approve
the Neighborhood Stabilization Program (NSP) amendment to the 2008-09 HUD One Year
Action Plan and authorize the Chairman to sign the necessary certifications and documents to
submit to Housing and Urban Development (HUD) by December 1, 2008.
Prepared by: Marcy Krumbine, Director, Housing and Human Services
Agenda Item No. 16D3
November 18, 2008
Page 3 of 39
„ 1�9jf{{{�4r % U.S. 01?11ANTMENTOFHOUSING AM WMAN OINKLOPMLNr
•' 9III�Y� WAM IINGTON. UC '_0410-7000
""". , SEP 2 6 2008 RECEIVED
A1sISTAMf scClarWO' KA
CPMMrNrrY PLANNING ARbnrvnioi,mi r OCT n 3 ,„„p
The Honorable Tom Henning
Chair, Board of County Commissioner
County of Collier
3301 E. Tamiami Trail
Naples, FL 34112
Dear Chairman Henning;
Board of County commicsluners
On behalf of Secretary Steven Preston, I am pleased to inform you that the County of Collier
has been allocated $7,306,755 in funding through HUD's Neighborhood Stabilization Program
(NSP). The NSP is authorized by the recently enacted Housing and Economic Recovery Act of
2008 (HERA) and is funded at a level of $3.92 billion.
The purpose of the NSP is to assist states and local governments In addressing the effects of
abandoned and foreclosed properties in the nation's communities. The uses of NSP funds are:
• Establishment of financing mechanisms for purchase and redevelopment of foreclosed upon
homes Lind residential properties;
• Purchase and rehabilitation of abandoned and foreclosed homes and residential properties;
• Establishment of land banks for homes that have been foreclosed upon;
• Demolition of blighted structures; and
• Redevelopment of demolished or vacant properties.
Pursuant to the statutory directive of HERA, the NSP is closely related to the long standing
Community Development Bloch Grant (CBD(3) program. As a result, HUD will implement the
NSP by relying upon existing CDBG requirements and making appropriate adjustments to
accommodate the directives of HERA. The guidance implementing the NSP is contained in a
Notice to be available September 29, 2008 on HUD's website at www.hud.govinsn and also
Published in the Federal Register during the first few days of October. This website will also
provide a wide range of other information which will be useful to NSP grantees,
The Notice describes the application process that your -jurisdiction will have to follow to
obtain its NSP allocation. Briefly, the application will be an amendment to your jurisdiction's
existing consolidated plan that governs the use of CDBG and other HUD formula program funds.
This approach has the advantage of building upon planning actions already undertaken by your
Jurisdiction and, to further speed the process, HUD is abbreviating citizen participation
requirements. These steps are intended to assist grantees in developing their program and
submitting their application to HUD not later than December 1, 2008. Failure to apply by
December 1 0008 will result in the reallocation of your jurisdiction's funds to other grantees.
-b)-
6
I�,��r.hud.fiov espanol.hud.l;uv j?. /� px
Agenda Item No. 16D3
November 18, 008
Page 4 & 39
The Department is committed to assisting grantees in the implementation of the NSP at the
suite and local level. To this end, Secretary Preston is hosting a housing summit in Washington, DC
on October 7 and 8 and I encourage you to attend to benefit from the most current information
regarding the NSP and other aspects of HERA, Information on the housing summit can be found at
www.hud.aov. Further, HUD will conduct a series of one day informational sessions on the NSP to
be held at several locations across the country beginning October 10. Information on these sessions
will be available on HUD's website as soon as details are finalized.
As your staff undertake efforts to develop an NSP program, I urge them to contact the
Community Planning and Development staff in your assigned HUD field office if' they have any
questions. HUD's field staff is, as always, the best source of guidance as to program requirements
and HUD's expectations.
I look forward to working with you to ensure the rapid and successful implementation of the
NSP to benefit the nation's communities,
Sincerely,
Susan D. Peppler
Assistant Secretary
nrse ran. kn76-ann6
Agenda Item No. 16D3
November 18, 2008
Page 5 of 39
'Varslon 7703
FEDERAL ASSISTANCE ;2, DAT 'UDMITTED
AppUcemldenli6et
J_.__.__... _.____.__._._. __.... _._-,...__
1. TYP OF 8 EMISSION! U. DATE RECEIVED BY STATE
_____...,..,.... .
SIe16Applicglion Idontmo!
Applicalion pre-uPpllrAllon
}1, DATE RECEfVEU� fE06RA4 AGE! 0Y'
atructlon construction
0
Federal identifierCon
IGI Non'6RnkiiJS.tl4!? -- on•GgimtrPFo4k.. _.__._.— _..___._—___._
"...._..........�-�-..•.�—....�.
.6. APPLICANT INFORMATION �,�,,......_..,
--•"-•
_,___,"�,,,.__� _,
Legal Noma;IDr,penizatlonal
Unit
Depeh
HogaingaAmannd Human Services
CoUler County
fggpnlxe pnaI DUNS:
Divi Ian:
PuB�ic Services
078907700
Obgr q1 parson is bo conmctod on manors
Name end to ne aum
A0010961•
ep
Involving this clplilmdon Ove) area usual,
Stmm:
Prefix: F n1 Noma:
3301 Tanowel Trail E
Willgli...-.-......-.,._._.._—_.__.__.....___..�
V.__._.
.....-
City,
VIM Nama
Collier 1Krumbine
Collier
........__...-_.- '
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I COuey.
United BIa1e6
-mall:
marcykRimbine(iycolilarnov nal
j6. EMPLOYER IDENTIFICATION NUMBER(EIN).
phone Numme%wo ama toes) Faxmumber(art'a sale coda)
E 5 9- 0 1� 0 ��6IU 0
239262. 230 252-2630
)B, TYPE pF APP TION:
T, TYPE 4F APPLICANT:($ea back of floor, for Apel Whon y004)
!,T Now I('I Conllnuotlon r Revision
County
rt Rmiolon, anter oppropriato loner(s) In box(oa)
'Be. back farm tot deacrlP90h of feudal
Other (specify)
of � rT
L{
DF FEOE LA0 Nodsing
Other(speclty)
HRAME
and Urban Development
W. CATALOG OFF�UERAj. DOM�'Si�'ASBISTANCE NUMBEm --
ti. OESC i TIVE TITLE OP APP LIGANT'8 PRUJECP
COiltur County Neighborhood BIab111za0on Program
TITLE (Nome, of PIronram):
Neighborhood fi l0fallen Program
12. AREA `iPROJECT (CBroA Counfles, $10100, WCT
Colsor County
—
!73. PROPOBE ROJECT _�___,
"IC`COTJGRE8510NALDISTRIC794F:
b. Prolec�
Slun Date: Ending Dale;
I
:e. Applicant
1A@5 14125
�Jonuery 15, 2009 July 30. 2013
16. ESTIMATE 6 FUNDING:
' 78.I�PLICATIDN aUBJECT TO REVILW BB STAYe" A VE
RDER 12672 PROCPS¢7
F eiel T"• 'Y�
RE
a --- AMP-MAYIONIAPPLICA ION A5 E
T-�•--_��"�"
fa 7,306,756
ABLE TD THE STATE EXECUTIVE ORDER 12372
VAILA
PROCESS DOR REV EWON
DATE'.
b No, r, PROGRAM IS NOT COVERED BY E. 0 12372
OA PROGRAM HAS NOT BEEN SELECTED BY STATE
In AppOdanl
0'
s. Bible
0
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g
UIhBr
,
0
FO RE VIEW
Pr-pram Income ..-.�,....._0
fLINQUENT ON ANY FEoeRALpEHT7
117.IB TR APPLICANT DE
g. TOTAL •_.�— 7.306,766 ❑ Yes a "Yee' conch an expranallon, I No
^L
T13E EST 0 M NO E ANb BEIfEF. ALl A A IN THIS APPLICATION)PR PPT(CATIOF7fTRE Ytit1�AN�6'CORRECT. TWE
i000UMRNT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF TNS APPLICANT AND THE APPLICANT WILL COMPLY WITH T146
"TT ASSURANCES IF THE ASSISTANCE
Mtl(e Nams
P Ila! emu
lom
iLeatName � ~ - 5vmx
-Honnln
b Tllla ' TaloPpharw Number (uw orov wda)
t Chairmen, Board of County Commioclonon?30 252.A097
W Baum e w twram¢uo nay, cartuwvw
} Aa:nnrixed lar Lowl RoowUuclrou,yF>Nn,+ww,ww.w..,.,-.-.•-c-.___.
(_ IxST:
DWIGHT
l7IC,HT F— EIROCK, Clark
Colla n Greans,
By: — ----- Assistant County Attorney
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Agenda Item No. 16D3
November 18, 2008
Page 8 of 39
area Approval No. 0348.0040
ASSURANCES -NON-CONSTRUCTION PROGRAMS
reporting burden for this collection of information is estimated to average 15 minutes par response, including Ilmo for review
lions, searching existing data sources, gathering end maintaining the date needed, and completing and reviewing rho collection
lion. Send comments regarding the burden estimate or any other aspect of this collection of information, Including suggestions
Ig (his burden, to the Office of Managamenl and Budget, Papmwork Reduction Project (0348.0040), Washington, DC 20503.
>E DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable Ie your project or program, It you have questions, please contact the
awarding agency. Further, certain Federal ewerding ngencias may require applicants to certify to additional assurances. If such
Is the case, you will be notified.
As the duly authorized representative offlra applicant, I certify that the applicant:
1. Has the legal authority to apply lar Federal assistance
and the institutional, managenal and financial capabluly
(including funds sufficient to pay the non -Federal them
of project cost) to ensure proper planning, management
and .completion of the project tleecribed in this
application.
2. Will give the awarding agency, the Comptroller General
of the United Stales and, If appropriate, the 81ate,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and VIII establish a
proper accounting system in accordance w4h genomlly
accepted accounting standards or agency directives.
3. WIII establish safeguards to prohibit employees ham
using their positions for a purpose that constitutes or
presents the. appearance Of personal or organizational
conflict of interest, or personal gain.
4. Will initlote end complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
6. WIII comply with the intergovernmental Personnel Act of
1970 (42 U.B.C. §§472"703) relating to prescribed
standards for medl systems for programs funded under
one of the 19 statutes or regulations specified In
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (6 C.F.R. 900. Subpart F),
6. Will comply with all Federal stabiles relating to
nondiscrimination. Those include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88.362)
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of ilia Education
Amendments of 19T2, as amended (20 U.S.C. §§1681-
1663, and 1885.1686), which prohibits discrimination on
the basis or sex; (c) Section 604 of the Rehabilitation
Previous Edition Usable
Act of 1973, as amended (29 U.S.C. §794), which;
prohibits discrimination on the basis of handicaps; (d)
the Age Discrimination Act of 1976, as emended (42
U.S.C. §§6101.6107), which prohibits diecdmlna(ion
on the basis of age; (a) the Drug Abuse Office and
Treatment Act of 1972 (P.L 92.265), as amended,
relating to nondiscrimination On the bests of drug
abuse; (1) rho Comprehensive Alcohol Abuse and
Alcoholism Prevenflon, Treatment and Rehablifation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism: (g) §§623 and 627 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 unit 290 ea
3), as amended, relating to confidantiullty, of alcohol
and drug abuse patient records: (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C, §§3801 at seq-), as
amended, relpfing to nondiscrimination In the sole,
rental or financing of housing; (I) any other
nondiscrimination provisions In the specific stalute(s)
under which application for Federal assistance Is being
made: and, 6) the requirements of any other
nondiscrimination stalule(s) which may apply to the
application.
WIII comply, or has already compiled, with the
requirements of Tlllas II and III of the Uniform
Relocation Assistance and Roel Properly Acquisition
Policies Act of 1970 (P.L. 91-648) which provide for
felt and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally -assisted programs. These requirements apply
to all interests in real property acquired for project
purposes regardless or Federal parlicipation in
parchnse9.
8. Will comply, us applicable, will; provisions of the
Hatch Act (5 U.S.C. §§15014508 and 7324-73Z8)
which limit the political activities of employoos whose
principal employment activities are funded In whole or
in part with Federal funds.
Authorized for Local Reproduction
Blandon) form 9248 (ROv. TW)
fmacdbad by oMe Circular A-182
9, WIII comply, as applicable, with ilia provisions of the Davis-
Sacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Solely Standards Act (40 U,S.C, §§327.
333), regarding labor standards for federally -assisted
construction subagmaments.
10, Will comply, If applicable, with flood insurance purchase
requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 03.234) which requires
recipients In a special flood hazard area to participate In the
program and to purchase flood Insurance If the total cost of
insurable construction and acquisition is $10,000 or more.
11. WIII comply with onvironmen(al standards which may be
prescribed pursuant 10 they following: (a) institution of
environmental quality control meaeume under the National
Environmental Policy Act of 1969 (P.L. 04100) and
Executive Order (EO) 11514; (b) notiflcation of violating
facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards In
floodploins In accordance with EO 119138; (e) assurance Of
project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1072 (16 U.S.C. §§1451 el seq.); (1) conformity of
Federal actions to Slate (Clean Air) Implementation Plans
under 9eotlon 176(c) of the Clean Air Act of 1955, as
amended (42 USA. §§7401 of seq.); (g) protection of
underground sources of drinking water under the Safe
Drinidng Water Act of 1974, as amended (P.L, 93-523);
and, (h) protection of endangered spOCles under the
Endangered Species Act of 1973, as amended (P.L, 93•
205).
Collier County
Agenda Item No. 16D3
November 18, 2008
Page 9 of 39
12, WIII comply with trio Wild end Scenlc Rivers Act of
1968 (16 US.C. 9§1271 at seq.) related to protecting
components or potential components of the national
wild and acetic rivers system.
13, Will assist the awarding agency In assuring compliance
with Section 105 of the National Historic Preservation
Act of 1966, as emended 116 U.S.C. §470), EO 11593
(Identification and protection of historic properties), and
the Archaacbgrcai and Historic Preservation Act of
1974 06 U.S.0 §§459a.1 at $eq.).
14. Will comply with P.L, 93-348 regarding the protection of
human subjects Involved In research, development, and
related activities supported by this award Of assistance.
15. Will comply with the Laboratory Animal Welfare Act 6)'1966 (Pl, 69-644, as amended, 7 U.S.C. 5§2131 at
sect ) pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or
other activities supported by this award of assistance,
16. Will comply with the Lead -Based Point Poisoning
Prevention Act 142 U.S.C, §§4801 at seq.) which
prohibits the use of Iced -based paint in construction or
rehabilitation of residence structures.
17. Will cause to be performed the required 0nandol and
compliance nudils in accordance with the Single Audit
Act Amendments of 1995 and OMB Circular No. A-133.
"Audits of Slates, Local Governmenla, and Non•ProB{
Organizations."
18. WIII comply with at[ applicable requirements of all Other
Federal laws, executive orders, regulations, and policies
governing this program.
Chairman, Board of County
Approved as to form & legal sufliolenoy ATTEST:
C Wle� Qj%It Q DWIGHT E. BROCK, 01or C
Colleen Qreene, .-
Agenda Item No. 16D3
November 18, 2008
Page 10 of 39
C]ERTI]FICATIONS
(1) Affirmatively furthering fair housing. Thejurisdiction will affirmatively further fair housing, which means
that it will conduct an analysis to identify impediments to fair housing choice within the jurisdiction, take
appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain
records reflecting the analysis and actions in this regard.
(2) Anti -lobbying, The jurisdiction will comply with restrictions on lobbying required by 24 CPR part 87,
together with disclosure forms, if required by that part.
(3) Authority of Jurisdiction. The jurisdiction possesses the legal authority to carry out the programs for which
it is seeking funding, in accordance with applicable HUD regulations and other program requirements.
(4) Consistency with Plan. The housing activities to he undertaken with NSP funds are consistent with Its
consolidated plan, which metros that NSP funds will be used to meet the congressionally identified needs of
abandoned and foreclosed homes in the targeted area set forth in the grantee's substantial amendment,
(5) Acquisition and relocation. The jurisdiction will comply with the acquisition and relocation requirements of
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C.
4601), and implementing regulations at 49 CPR pail 24, except as those provisions are modified by the Notice for
the NSP program published by HUD,
(6) Section 3. The jurisdiction will comply with section 3 of the Housing and Urban Development Act of 1968
(l2 U,S.C. 1701u), and implementing regulations at 24 CPR pail 135.
(7) Citizen Participation, The jurisdiction is in full compliance and following a detailed citizen participation plan
that satisfies the requirements of Sections 24 CFR 91,105 or 91,115, as modified by NSP requirements,
(8) Following Plan. The jurisdiction is following a current consolidated plan (or Comprehensive Housing
Affordability Strategy) that has been approved by HUD.
(9) Use of funds in 18 months, Thejurisdiction will comply with Title III of Division B of the Housing and
Economic Recovery Act of 2008 by using, as defined in the NSP Notice, all of its grant funds within 18 months of
receipt of the grant.
(10) Use NSP funds < 120 of AMI. Thejurisdiction will comply with the requirement that all of the NSP funds
made available to it will be used with respect to individuals and families whose incomes do not exceed 120 percent
of area median income.
(I I) Assessments, The jurisdiction will not attempt to recover any capital costs of public improvements assisted
with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount against properties owned -
and occupied by persons of low- and moderate -income, including any fee charged or assessment made as a condition
of obtaining access to such public improvements. However, if NSP fiords are used to pay the proportion of a Pee or
assessment attributable to the capital costs of public improvements (assisted in part with NSP funds) financed from
other revenue sources, an assessment or charge may be made against the property with respect to the public
improvements financed by a source other than CDBG hinds. In addition, with respect to properties owned and
occupied by moderate -Income (but not low-income) families, an assessment or charge may be made against the
property with respect to the public improvements financed by a source other than NSP funds if thejurisdiction
certifies that it lacks NSP or CDBG finds to cover the assessment.
Agenda Item No. 16D3
November 18, 2008
Page 11 of 39
(12) Excessive Force. The jurisdiction certifies that it bus adopted and is enforcing: (]) a policy prohibiting the use
of excessive force bylaw enforcement agencies within its jurisdiction against any individuals engaged in non-violent
civil rights demonstrations; and (2) a policy of enforcing applicable State and local laws against physically barring
entrance to or exit from, a facility or location that is the subject of such non-violent civil rights demonstrations
within its jurisdiction.
(13) Compliance with anti -discrimination laws, The NSP grant will be conducted and administered in
conformitywith title V1 of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Pair Housing Act (42 U.S.C. 3601-
3619), and implementing regulations.
(14) Compliance with lead-based paint procedures. The activities concerning lead-based paint will comply
with the requirements of part 35, subparts A, B, J, K, and R of this title,
(I5) Compliance with laws, The jurisdiction will comply with applicable laws.
S ignature/Authorized.Official
Title
Approved as to form & legal sufficiency
Colleen Greene,
Assistant County Attorney
Date
ATTE81.
DWIGHT E. BR OCK,Clerk
By:
10
Page 1 of I
Agenda Item No. 103
November 18, 2008
Page 12 of 39
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 1603
Item Summary: Recommendation for the Board of County Commissioners to approve the Neighborhood
Stabilization Program (NSP) amendment to the 2008-09 HUD One Year Action Plan and
authorize the Chairman to sign the necessary certifications and documents to submit the
document to Housing and Urban Development (HUD) by December 1, 2008.
Meeting Date: 11/18/2008 9:00:00 AM
Prepared By
Marcy Krumbine,
Director
Dale
Public Services
Housing & Human Services
1012212008 5:09:07 PM
Approved By
Marcy Krumbino
Director
Date
Public Servicos
Housing & Human Services
10/22/2008 5:30 PM
Approved By
Marlene J. Foord
Grants Coordinator
Date
Administrative Services
Administrative Services Admin.
10/23120088:42 AM
Approved By
Colleen Greene
Assistant County Attomor
Date
County Attorney
County Attorney Office
10/24/2008 11:31 AM
Approved By
Maria Ramsey
public Services Administrator
Date
Public Services
Public Services Admin.
10/28/2008 2;04 PM
Approved By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
11/3/20088:16 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
111712008 2;45 PM
Approved By
James V. Mudd
County Manager
Date
Board of county
Commissioners
County Managers Office
11/10/2008 4:00 PM
file://C:\AgendaTest\Export\116-November%e20 (8%202008\16.%2000NSENT%20AGE... 11/12/2008
Agenda Item No. 1603
gyp+ November 18, 2008
THE NSP
SUBSTANTIAL AMENDMENT Page 13 ol39
Jurisdiction(s):
Jurisdiction Web Address: colliergov.net
A. AREAS of GREATEST NEED
Address: 3301 E Tamiami Trail, Health
Building, Suite 211, Naples, FL 34112
Telephone: (239) 252-4663
Fax: (239) 252-2638
Email: marcykrumbine@coIlieTov.net
colliergov.net
Provide summary needs data identifying the geographic areas of greatest need in the grantee's jurisdiction,
Note, An NSP substantial amendment must include the needs of the entire jurisdiction(s) covered by the
program; states must include the needs of communities receiving their own NSP allocation, To include the
needs of an entitlement community, the State may either incorporate an entitlement jurisdiction's consolidated
plan and NSP needs by reference and hyperlink on the Internet, or state the needs for that jurisdiction in the
State's own plan, The lead entity for a joint program may likewise incorporate the consolidated plan and needs
of other participating entitlement jurisdictions' consolidated plans by reference and hyperlink or state the needs
for each jurisdiction in the lead entity's own plan.
HUD has developed a foreclosure and abandonment risk score to assist grantees in targeting the areas of
greatest need within their jurisdictions, Grantees may wish to consult this data, in developing this section of the
Substantial Amendment.
Narrative Response:
Collier County is an economically diverse community, with areas of affluence in the coastal communities as
well as extreme poverty in other locations. The County is geographically large, encompassing approximately
2,025 square miles, Collier County, with an estimated population of 339,000, is located on the southern gulf
coast of the Florida peninsula, due west of Miami -Ft. Lauderdale. The largest of the three incorporated cities in
Collier County is Naples, which is located in the western and coastal area. The remaining two incorporated
cities of Collier County are Everglades City and the City of Marco Island. Everglades City is located south and
east of Naples, while the City of Marco Island lies south of Naples along the Gulf of Mexico.
Collier County used the U,S. Department of Housing and Urban Development's (HUD) Foreclosure and
Abandonment Risk Scoring System to identify the areas at risk of foreclosure or abandonment. The
information was analyzed and applied to the Collier County 2000 Census Tracts to assess the areas of greatest
need. Additionally, Collier County employed local foreclosure data to further define the target areas for
Neighborhood Stabilization Program (NSP) assistance. When considering the two aforementioned data, the
information was consistent in the urban areas. However, in the rural areas there was a disparity between the
HUD data and the local foreclosure information. The local housing and economic challenges currently plaguing
the rural areas were not accurately captured in the HUD Foreclosure and Abandonment Risk Scoring System.
Therefore, Collier County relied more heavily on local data when assessing the needs of the rural areas.
Areas at Risk
- The following table summarizes the areas at risk in Collier County using the HUD Foreclosure and
Abandonment Risk Scoring System. Areas receiving an index score of ten (10) are at greatest risk and areas
receiving an index score of one (1) are least likely to suffer foreclosure or abandonment doing the next
eighteen (18) months.
Estimated
Foreclosure Index
Urban
Rural
10
15
5
9
35
4
8
36
10
7
20
8
6
14
5
5
5
8
4
6
14
3
18
8
2
0
0
1
Q
0
Agenda Itern No. 16D3
November 18, 2008
Page 14 of 39
The above information was applied to the Collier County 2000 Census Tracts map to illustrate the geographic
areas at greatest risk. The HUD Foreclosure and Abandonment Risk Scoring System Map shows those areas
receiving a risk index score of seven (7) or higher. The County analyzed the data and determined that the
following areas are at greatest risk for an increase in foreclosure or abandonment over the next eighteen (18)
months: East Naples, Golden Gate City and Golden Gate Estates.
Collier County then analyzed the current number of foreclosures by zip code. This exercise served two
purposes: first, the Collier County Foreclosure Map and Table reinforces the conclusions of the HUD
Foreclosure and Abandonment Risk Scoring System and, second, the foreclosure data assists the County in
accurately assessing the needs and risks contained in the rural areas not captured in the HUD data.
Finally, Collier County considered the percentage of homes financed by a subprime mortgage related loan in
East Naples, Golden Gate City and Golden Gate Estates. The percentages were established by HUD using
Home Mortgage Disclosure Act (NMDA) data. The following table summarizes the HMDA High Cost Loan
Rate in the three areas of greatest need in Collier County,
HMDA High
East
Golden Gate
Golden Gate
Cost Loan Rate
Naples
City
Estates
Percentage for Subprime
36.8%
52.4%
42.1%
Mortgage Related Loans
Please refer to the following two pages for additional detail.
Agenda Item No. 16D3
November 18, 2008
HUD Foreclosure and Abandonment Risk Scoring System Ma -0 Page 15 of 39
HUD
r. 19
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Agenda Item No. 16D3
November 18, 2008
Collier County Foreclosure Map and Table Page 16 of 39
21P CO[)ES
QdtEf (�ulfy. Fktkq
N
—moo
®mxwnwv
ZIP
CODE
NUMBER OF
FORECLOSURES
ZIP
CODE
NUMBER OF
FORECLOSURES
34142
70
34120
1228
34119
423
34110
190
34134
217
34108
202
34109
307
34103
129
34105
248
134116
915
34102
1 101
34104
413
34112
442
34117
550
34113
338
34114
174
34145
337
34139
6
Agenda Item No, 16D3
November 18, 2008
Identified Program Target Areas Page 17 of 39
— The Collier County NSP Allocation will target the following throe (3) areas for economic and housing
redevelopment: East Naples, Golden Gate City and Golden Gate Estates. The County will continue to monitor
local foreclosure data and intends that the NSP Program be flexible to allow for timely reaction to any
significant changes in the local housing market,
A DISTRJBUTIONAND US&SOPFUNDS
Provide a narrative describing how the distribution and uses of the grantee's NSP funds will meet the
requirements of Section 2301(c)(2) of HERA that funds be distributed to the areas of greatest need, including
those with the greatest percentage of home foreclosures, with the highest percentage of homes financed by a
subprime mortgage related loan, and identified by the grantee as likely to face a significant rise in the rate of
home foreclosures. Note: The grantee's narrative must address these three stipulated need categories in the
NSP statute, but the grantee may also consider other need categories.
Narrative Response:
Based upon the County's analysis, the areas of East Naples, Golden Gale City and Golden Gate Estates meet all
three (3) stipulated need categories. All three areas have a HUD Foreclosure and Abandonment Risk score of
seven (7) or higher, all three have significant foreclosure activity and all have a NMDA High Cost Loan Rate
above 36 percent. The NSP Allocation will be used as described in Section G – NSP Infortnation by Activity.
Twenty-five (25) percent of the Collier County NSP Allocation will be used to assist households earning no
more than fifty (50) percent of the local area median income. Collier County will continue to monitor local
housing data in an effort to determine if an expanded area of assistance is required.
Dwelling units assisted with NSP Funds shall be rehabilitated to the extent necessary to comply with applicable
laws, codes, and other requirements relating to housing safety, quality, and habitability. Collier County will
encourage rehabilitation that improves the energy efficiency and/or conservation of dwelling units receiving
assistance. Additionally, the County will strongly encourage the incorporation of green building improvements
to provide long-term affordability, increased sustainability and attractiveness of housing and neighborhoods.
C. Der1NITI0NSANDDBSCRIPT/ONS
(1) Definition of "blighted structure" In context of state or local law.
Narrative Response:
Blighted structure, as extracted from 2008 Florida Statute 163.340, is defined as a structure that is deteriorated
or deteriorating to the extent that unsanitary or unsafe conditions may threaten the health safety and welfare of
the public. Characteristics include, but are not limited to:
(a) Unsanitary or unsafe conditions;
(b) Deterioration of site or other improvements;
(e) Inadequate provision for ventilation, light, air, sanitation or open spaces;
(d) The existence of conditions that endanger life of property by fire or other causes.
(2) Definition of "affordable rents." Note: Grantees may use the definition they have adopted for their CDBG
program but should review their existing definition to ensure compliance with NSP program –specific
requirements such as continued affordability,
5
Agenda Item No, 16D3
November 18, 2008
Page 18 of 39
Narrative Response;
The maximum Affordable Rents shall not exceed the Fair Market Rents (FMR) as published annually by the
U.S. Department of Housing and Urban Development for the Naples —Marco Island MSA. The current rates
are listed below;
Final FY 2009 FMRs By Unit Bedrooms
Efficienc One -Bedroom Two -Bedroom
Three -Bedroom J Four -Bedroom
FinalFY2009FMR 1 $ 868 $ 995 1 $ 1,120
1 $ 1,392 1 $ 1,449
Source: U.S. Department of Housing and Urban Development (2009)
(3) Describe how the grantee will ensure continued affordability for NSP assisted housing.
.Narrative Response:
Collier County will ensure long term affordability through the use of a recorded lien against the property. If an
owner who has been assisted though this program transfers title to the property before the affordability period
expires, the assistance provided by the County will be subject to recapture, The County will monitor assisted
units on an annual basis during the affordability period.
All properties receiving assistance from the Neighborhood Stabilization Program (NSP) will be secured by a
recorded second mortgage on the subject property in favor of Collier County, In the event the unit is transferred
to an owner(s) deemed eligible for assistance under NSP guidelines, the amount of assistance will remain in the
subject property to provide continued affordability. In the event the unit is transferred to an owner(s) deemed
ineligible for assistance under NSP guidelines, the amount of assistance will be recaptured,
The County will use the minimum affordability period of the federal HOME Investment Partnership Program,
24 CFR 92.252(a), (c), (e) and (f), and 92.254. The minimum affordability periods are as follows:
• Up to $15,000 — 5 Years
• $15,001 to $40,000— 10 Years
• Over $40,001 — 15 Years
• New Construction— 20 Years
(4) Describe housing rehabilitation standards that will apply to NSP assisted activities,
Narrative Response:
All dwelling units that require rehabilitation must meet local and state building codes. Collier County will
require home rehabilitation to meet, or exceed, current Florida Building Code (FBC). The current code used by
Collier County is the 2004 FBC; effective March 1, 2009 the code will be updated to 2007 FBC. Collier
County will encourage rehabilitation that improves the energy efficiency and/or conservation of dwelling units
receiving assistance, Additionally, the County will strongly encourage the incorporation of green building
improvements to provide long-term affordability, increased sustainability and attractiveness of housing and
neighborhoods, Collier County encompasses a large coastal area that subjects the residents to the risk of
hurricanes and severe flooding, The County will encourage hurricane hardening and damage mitigation during
rehabilitation,
Agenda Item No. 16D3
November 18, 2008
Collier County's Department of Housing and Human Services has a Local Housing Assistance Pfk9tLMW
adopted as Ordinance No. 93-19 and Ordinance No. 94-39. The referenced ordinances detail the specifications
_- required to bring substandard housing into compliance with local and state building codes,
(5) Definition of "Middle income Household"
A household having an income equal to or less than 120% of area median income, but greater than 80% of area
median income, adjusted for household size.
(6) Definition of "Moderate Income Household"
A household having an income equal to or less than 80% of area median income, but greater than 50% of area
median income, adjusted for household size.
(7) Definition of "Low Income Household"
A household having an income equal to or less than 50% of area median income, adjusted for household size.
(8) Definition of "Current Market Appraised Value"
The current market appraised value means the value of a foreclosed upon home or residential property that is
established through an appraisal made in conformity with the appraisal requirements of the URA at 49 CFR
24.103 and completed within 60 days prior to an offer made for the property by a grantee, subrecipient,
developer, or individual homebuyer.
(9) Definition of "Abandoned"
A home is abandoned when mortgage or tax foreclosure proceedings have been initiated for that property, no
mortgage or tax payments have been made by the property owner for at least 90 days, AND the property has
been vacant for at least 90 days.
(10) Definition of "Blighted Structure"
A structure is blighted when it exhibits objectively determinable signs of deterioration sufficient to constitute a
threat to human health, safety, and public welfare.
(11) Definition of "Foreclosed"
A property "has been foreclosed upon" at the point that, under state or local law, the mortgage or tax
foreclosure is complete. HUD generally will not consider a foreclosure to be. complete until after the title for
the property has been transferred from the former homeowner under some type of foreclosure proceeding or
transfer in lieu of foreclosure, in accordance with state or local law.
(12) Definition of "Land Bank"
A land bank is a governmental or nongovernmental nonprofit entity established, at least in part, to assemble,
temporarily manage, and dispose of vacant land for the purpose of stabilizing neighborhoods and encouraging
re -use or redevelopment of urban property. For the purposes of the NSP Program, a land bank will operate in a
specific, defined geographic area. It will purchase properties that have been abandoned or foreclosed upon and
maintain, assemble, facilitate redevelopment of, market, and dispose of the land -banked properties. if the land
7
Agenda Item No. WD3
November 18, 2008
bank is a governmental entity, it may also maintain abandoned or foreclosed property that it doe�Fhc;06* 139
provided it charges the owner of the property the full cost of the service or places a lien on the property for the
full cost of the service.
D. LowlwoMETARGET/NG
Identify the estimated amount of funds appropriated or otherwise made available under the NSP to be used to
purchase and redevelop abandoned or foreclosed upon homes or residential properties for housing individuals or
families whose incomes do not exceed 50 percent of area median income: $1,827,000.00.
Note: At least 25% of funds must be used for housing individuals and families whose incomes do not exceed 50
percent of area median income.
Narrative Response:
Collier County acknowledges that households earning less than 50% AMI may require affordable rental
apartment dwelling units. Therefore the County will explore options for purchase and rehabilitation of multi-
family rental apartment dwelling units, Special emphasis shall be placed on providing rental housing to the
special needs population, such as elderly or developmentally disabled, earning less than 50% AMI.
Some local non-profit housing providers in Collier County have a proven track record of success in providing
homeownership units to households earning less than 50% AMI, As such, the County may encourage home
ownership should the subject property be shown affordable to the prospective homebuyer.
Should a unit acquired and intended for homeownership fail to sell within a timeframe deemed reasonable by
Collier County, said unit may be rented to a household earning less than 50% AMI. Should this occur, the
Collier County Department of Housing and Human Service's may partner with for-profit or nonprofit
organizations to provide services such as, but not limited to, property management services, tenant selection and
collection of monthly rental payments. Currently, the Collier County Housing Authority operates a Tenant -
Based Rental Assistance (TBRA) Program. The agency has a proven track record of providing a compliant
Section 8 Department of Housing and Urban Development rental subsidy program.
E. AcquisfTIom & RnocATroN
Indicate whether grantee intends to demolish or convert any low- and moderate -income dwelling units (i.e., • 80%
of area median income).
If so, include:
• The number of low- and moderate -income dwelling units--i,e., • 80% of area median income—
reasonably expected to be demolished or converted as a direct result of NSP -assisted activities.
• The number of NSP affordable housing units made available to low-, moderate-, and middle-income
households—i.e., • 120% of area median income—reasonably expected to be produced by activity and
income level as provided for in DRGR, by each NSP activity providing such housing (including a proposed
time schedule for commencement and completion).
• The number of dwelling units reasonably expected to be made available for households whose income
does not exceed 50 percent of area median income.
Narrative Response:
Agenda Item No. 16D3
November 18, 2008
Should the initial inspection and/or rehabilitation work determine that demolition of the dwellinftfllt?9 46W
cost effective, Collier County may chose to demolish the existing unit and either place the site in the County
land bank or construct a new unit on the site. If the cost to rehabilitate the unit is greater than fifty (50) percent
of the acquisition price, and/or the cost of acquisition and rehabilitation exceeds one hundred (100) percent
loan -to -value, the County will consider demolition. Collier County does not intend demolition to be a major
activity in its NSP program, Rather, the County reserves the right to demolish an acquired property if deemed a
more fiscally effective use of NSA Funds.
The County shall abide by Uniform Relocation Action (URA) requirements for any affected household where a
housing unit is being demolished that has not been vacant for greater titan ninety (90) days. Collier County will
avoid using NSP Funds to acquire homes or residential properties that have been vacant for fewer than ninety
(90) days.
E PUBLIC CONAWNT
Provide it, summary of public comments received to the proposed NSP Substantial Amendment.
Narrative Response:
On October 22, 2008 Collier County posted the proposed NSP Substantial Amendment on its website.
Additionally, notice of the County's allocation and availability of the proposed NSP Substantial Amendment
was advertised in the local Naples Daily News. Below are listed the comments received during the mandatory
fifteen (15) day public comment period.
Public Comment #1
From: John Barlow
Sent: Wednesday, October 22, 2008 8:28 PM
To: KmmbineMarcy
Subject: RE: Collier County NSP Substantial Amendment
Marcy,
I printed out the NSP Draft and scanned it. I will read it in its entirety this weekend, The data in this document screams for the three
areas you identified, and supports our rehabilitated home in zip code 34116, which Is one of the highest zip codes for foreclosed
properties.
I like the plan and look forward to doing our part to make this dilapidated homes better, much better.
John F. Barlow
Response #1
From: Krumbinelv[=y
Sent: Friday, November 07, 2008 12:38 PM
To: 'John Barlow'
Subject: RE: Collier County NSP Substantial Amendment
Thank you for your comments. We will include your comments within die public comment section of our NSP Amendment.
Marcy Krumbine,MPA
Public Comment 42
From: Stephen Hmby - AU
Sent: Monday, November 03, 2008 12:17 PM
To: KrumbineMarcy
Cc: RamseyFrank
Subjeet: NAP Grant Submission
Marcy,
Agenda Item No, 16D3
November 18, 2008
Page 22 of 39
In preparation for the meeting today, I did a quick overview of the NSP Grant Submission that you posted. Iliad several comments on
various activity narratives.
On Activity #1 and #2:
• It is not clear, but I assume the county is purchasing, holding title and then reselling the for sale homes and not utilizing a
third party non-profit or developer to do so?
• If the above is nue, what is the intention for retaining and managing the rental property or is it your intention to sell the units
with the restrictions on them? Would you consider mining them over to the public housing authority to manage?
• It is not clear to me how you intend to renovate the properties. It says the County will scope the work, but you are not clear
as to who will do the work. I assume you will retain contractors. What is your procurement process?
• You mention in several places that the County may partner with non -profits. What do anticipate they will do and how would
You select an procure their services?
On Activity 43:
• I did not see anything in the narrative that explained what type of assistance and the limits of assistance would be provided to
the direct buyer. Can you elaborate?
On Activity #4:
-Can you expand the contracts of the two service providers you have under contract now or must you re -procure them?
Stephen I, Hruby AIA
Response 42
From: RrumbineMarcy
Sent: Friday, November 07, 2008 12:47 PM
To: 'Stephen Hmby . AV
Cc: RamseyFmnk
Subject: RE: NAP Grant Submission
Thank you for your continents and questions regarding Elie NSP Grant submission. They will be included in the public comment
section of the amendment.
To answer your questions, the department has kept the various sections of each activity purposely flexible in order to comply with the
strict timeline of the grant. It is our intention to work as quickly and efficiently as possible either in house or with our commtmity
partners to acquire and rehabilitate properties within the allotted timeframe. At all times, the processes will adhere to proper
procurement procedures,
Direct assistance to a homebuyer will not exceed $50,000.
Thank you again for your interest and comments.
Marcy IGundame,MPA
Public Comment 43
From: Barbara Cacchione
Sent: Tuesday, November 04, 2008 11:22 AM
To: KrumbineMarcy
Subject: Public comment
10
Agenda Item No. 16D3
November 18, 2008
The NSP substantial amendment proposed by Collier County targets several specific areas in Collier County which MW Wghfr8a of
foreclosure, as well as subprime mortgages. I would ask that you consider adding another area which includes Immokalee.
Immokalee was targeted by HUD as an area of high foreclosure and abandonment risk area according to their data, In addition, there
is a high degree of abandoned and dilapidated structures according to the County's own estimates which add to the need for the
Neighborhood Stabilization Program for the area. The Immokalee Community is much smaller in scale so the funding allocated could
be less than the other targeted areas, In addition, there is a strong active collaborative effort among da: housing nonprofits
to effectively leverage the funding that is allocated by turning the funds in to program income and purchasing additional properties.
The Immokalee Housing Collaborative is particularly interested in the Eden Park Neighborhood where there are a number of vacant,
dilapidated homes currently for sale.
On behalf of the Immokalee housing nonprofits and the Immokalee Community we would appreciate consideration of an allocation of
funding that would include the Immokalee Community, This can be done by providing a percentage of funds that are available for
areas outside of the targeted areas identified by the County or by a smaller allocation to the bnmokalee Community based on the poor
housing conditions that currently exist and the numbers of foreclosures for a mutter community to absorb. I (hank you for your
consideration and will be happy to discuss this in further detail. Please contact me at your convenience at 239-287-1428 or email at
beacc hioneraoomcast. net.
Response 93
From: KrumbineMarcy
Sent: Tuesday, November 04, 2008 12;56 PM
To: 'Barbara Cacchione; RamseyPrank
Subject: RR Public comment
Thank you for your public comment. The NSP program is very specific in using grant funds for the area of the most need based upon
foreclosure rates. The County can ask HUD for an exception and we can explain the pressing needs of the him okalee community.
This will be based on board direction and these comments will be included in the Action Plan.
Marcy Kmmbine,MPA
Public Comment
From; Debi Mahr
Sent: Wednesday, November 05, 2008 10:48 AM
To: KrumbineMarcy
Subject; Public Comment
Marcy,
Please accept the attached public comment from the Collier County Hunger and Homeless Coalition regarding the County's NSP draft
of proposed use of funding. We appreciate the opportunity.
Background information and HUD recommendations:
The Neighborhood Stabilization Program (NSP) appropriates $3.92 billion to communities and states across the country. Collier
County is eligible for $7,306,755.00 to be used for:
• Establishing financing mechanisms for purchase and redevelopment of foreclosed homes
• Purchasing or rehabilitating homes and residential properties that have been abandoned or foreclosed, in order to sell, rent, or
redevelop such homes and properties
• T'stablishing land banks for homes that have been foreclosed upon
• Demolishing blighted structures
• Redeveloping demolished or vacant properties
HUD ideas for how you might use die motley to serve the homeless and al -risk population:
• Purchase several single-family homes in a neighborhood and create a permanent supportive housing project for homeless persons.
• Purchase a single-family home and rehabilitate it to contain two or three apartments to be used as permanent housing for homeless
Persons,
• Purchase a residential property and construct an apartment complex which will be used as permanent housing for homeless persons.
Thank you,
11
Debra Mahr/Executive Director
Response #4
From: KtombineMarcy
Sent: Friday, November 07, 2008 8:19 AM
To: 'Debi Malle
Subject: RE: Public Comment
Agenda Item No. 16D3
November 18, 2008
Page 24 of 39
The Department of Housing and Human Services is in receipt of your public comment for the draft of the NSP Action Plan. In your
comment, you propose the increase of funding for 50% and below of the AMI to 40%, Your comments will be included in the Action
Plan and presented to the Board of County Commissioners.
Please understand that the grant only provides for housing units and does not provide any operating funds for these units. In speaking
with various members of the HUD staff in Washington, DC and local housing partners who serve those needing transitional or
permanent housing for the very low income of Collier County, there is a concern about staffing for expanded housing services. While
Housing and Human Services is the lead agency for the Continuum of Care and understands the need, it is critical for us to assure that
any units dedicated to 50% of the AMI or below can and will be properly managed by our area agencies. As we move forward, we
will indeed look to formalize partnerships with agencies that have the capacity to take on additional properly management for the very
low income, elderly, special needs, homeless and those at risk.
Marcy Krumbine,MPA
Public Comment #5
November 6, 2008
Marcy Krumbine
Director
Collier County Housing & Human Services
3050 North Horseshoe Drive, Suite I10
Naples, FL 34104
Re: Action Plan for Neighborhood Stabilization Program
Dear Ms. Krumbine:
Thank you for including the Collier County Housing Authority in the Action Plan, as a potential partner with Collier Comity, in
meeting the needs of the county through the Neighborhood Stabilization Program, particularly the 25% targeted to individuals and
families at 50% AM] or below.
Our considerable experience includes dealing with very low income households through the federal programs we administer. That
experience and skills involves all aspects of property management and familiarity with some of the federal compliance requirements,
Faun Worker Village, a multifamily development of 611 units, is one of the three developments that we own and manage in
Immokalee, We also have a track record in the administration of a Section 8 Housing Choice Voucher Program, a rental subsidy
program, county -wide. One of the components of that program involves conducting inspections of housing units utilizing HUD's
Housing Quality Standards.
We stand ready to assist and partner with you and your department in meeting the local goals as described in the action plan, as well in
the following manner:
1. Multifamily projects could be deeded to the Housing Authority for potential use us new affordable housing for families at
50% or less AMI with the understanding that deed restrictions would apply.
2. Scattered single family units could be deeded to tile Housing Authority for use as scattered site affordable housing rentals
where mortgages/gap financing may not be available for families with the understanding that deed restrictions would apply.
3. Work with the Continuum of Care partners in providing housing for homeless families or individuals, that at risk, elderly or
special needs.
4. Work with local partners to create a land bank of properties.
Thank you again for the potential opportunity to partner with the county in addressing the affordable housing issues in the community.
12
Agenda Item No. 16133
November 18, 2008
Page 25 of 39
Sincerely,
Esmeralda Serrata, PMA
Executive Director
Response 45
None.
G. NSP INFORMATION BY ACTIVITY (COMPLETE FOR EACiI ACTIVITY)
Activity #1 - Acquisition and Rehabilitation of Foreclosed Properties for Resale
(1) Activity Name: Acquisition and Rehabilitation of Foreclosed Properties for Resale
(2) Actives Type: Acquisition and Rehabilitation of Foreclosed Properties for Resale
Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon,
in order to sell, rent or redevelop such homes and properties;
r 24 CFR 570.201(a) Acquisition;
• 24 CFR 570.201(b) Disposition;
• 24 CFR 570.201(i) Relocation;
• 24 CFR 570,201 (it) Direct homeownership assistance (as modified below);
o 570.202 eligible rehabilitation and preservation activities for homes and other residential
properties (HUD notes that rehabilitation may include counseling for those seeking to take part
in the activity),
(3) National Objective: Provides or improves permanent residential structures that will be occupied by a
household whose income is at or below 120 percent of area median income.
(4) Proieged Start Date: January 15, 2009
(5) Proiected End Date: July 30, 2013
(6) Responsible Organization: Collier County Department of Housing and Human Services; 3301 E Tamiami
Trail, Building H, Suite 211, Naples, FL 34112, The County may solicit through Requests for Qualifications
and/or Requests for Proposals organizations/partners to participate in the program,
(7) Location Description: Collier County will assist those areas defined in Section A. Areas of Greatest Need—
Identified Program Target Areas. The County will continue to monitor local foreclosure data and intend the
NSP Program to be flexible to allow for timely reaction to any significant changes in the local housing market.
(8) Activity Description:
Include a narrative describing the area of greatest need that the activity addresses; the expected benefit to
income -qualified persons; and whether funds used for this activity will be used to meet the low income housing
requirement for those below 50% of area median income.
For housing related activities, include:
• tenure of beneficiaries --rental or homeownership;
• duration or term of assistance;
13
Agenda Item No. 16133
November 18, 2008
® a description of how the design of the activity will ensure continued affordability. Page 26 of 39
For acquisition activities, include:
• discount rate
For financing activities, include:
range of interest rates
Narrative Response:
Collier County's Department of Housing and Human Services will be the lead agency in working with local
lenders to acquire homes that have been foreclosed, vacant for at least ninety (90) days and on the lender's list
of current inventory. The County may partner with various community organizations and agencies to identify
properties suitable for NSP assistance, Nonprofit and/or charitable organizations with a proven track record of
successfully implementing this activity, as well as administering U.S. Department Housing and Urban
Development grant funds, may be solicited to perform all or parts of this activity. The Department of Housing
and Human Services will consult the County's list of approved contractors and developers when rehabilitation
is required.
The County shall identify properties for sale in the areas of greatest need. If required, a rehabilitation plan shall
be developed and the County and/or housing partners will determine if acquisition of the subject property is
financially feasible.
The purchase price for all properties acquired with NSP Funds during the initial 18 month period shall be
discounted at least 15 percent from the current market -appraised value of the home or residential property and
that such discount shall ensure that purchasers are paying below-market value for the home or property. The
current market appraisal will be made in conformity with the requirements of the URA at 49 CFR 24.103 and
completed within 60 days prior to an offer to purchase made by the County or an approved housing partner.
If required, rehabilitation shall be completed and the subject property will be sold to an income eligible
applicant earning no more than 120% of local area median income. The applicant will procure a fixed-rate
mortgage through the Collier County Loan Consortium, local banks, FHA or USDA. The interest rate shall not
exceed one (1) percent above the then current 60 day Fannie Mae Index. Additionally, no mortgage insurance
is allowed (the only exception being F14A Home Loans), all loans shall be fully documented, no pre -payment
penalties are permitted, closing costs must be reasonable and customary and applicants' total debt -to -income
ratio must be reasonable as determined by the Collier County Department of Housing and Human Services.
All lenders providing first mortgage financing for homes or residential properties assisted with NSP Funds
agree to comply with the bank regulators' guidance for non-traditional mortgages. Refer to Statement on
Subprime Mortgage Lending issued by the Office of the Comptroller of the Currency, Board of Governors of
the Federal Reserve System, Federal Deposit Insurance Corporation, Department of the Treasury, and National.
Credit Union Administration, available at http://www.fdic.govh•egulations/laws/rules/5000-5160.html,
Aportion of the NSP Funds used in the acquisition and/or rehabilitation may remain in the home or residential
property to provide down payment assistance and increase affordability.
The homes targeted for NSP assistance will be properties that have been foreclosed, bank -owned, and vacant for
at least ninety (90) days. The County shall negotiate with local banks to purchase properties at a discount rate
of at least 15 percent from the current market -appraised value. The current market appraisal will be made in
14
Agenda Item No. 15D3
November 18, 2008
conformity with the requirements of the URA at 49 CFR 24.103 and completed within 60 days pViWg6Wdffer
to purchase made by the County or an approved housing partner.
Collier County anticipates that many of the homes or residential properties acquired with NSP Funds will
require rehabilitation and/or improvements to bring the home or residential property into compliance with
current code for Collier County as detailed in Section C of this Substantial Amendment. Collier County shall
prepare a written Rehabilitation Specification Report for each property to be used to describe in detail the
required rehabilitation and establishment of a cost estimate for the work plan, Additionally, the County will
strongly encourage the incorporation of green building improvements to provide long-term affordability,
increased sustainability and attractiveness of housing and neighborhoods. Collier County encompasses a large
coastal area that subjects the residents to the risk of hurricanes and severe flooding. The County will encourage
hurricane hardening and damage mitigation during rehabilitation.
Collier County will ensure long term affordability though the use of a recorded lien against the property. If an
owner who has been assisted though this program transfers title to the property before the affordability period
expires, the assistance provided by the County will be subject to recapture. The County will monitor assisted
units on an annual basis during the affordability period,
All properties receiving assistance from the Neighborhood Stabilization Program (NSP) will be secured by a
recorded second mortgage on the subject property in favor of Collier County, In the event the unit is transferred
to an owner(s) deemed eligible for assistance under NSP guidelines, the amount of assistance will remain in the
subject property to provide down payment assistance. In the event the unit is transferred to an owner(s) deemed
ineligible for assistance under NSP guidelines, the amount of assistance will be recaptured.
The down payment second mortgage shall bear an interest rate of 0%. No payment will be required until the
home is sold, transferred, refinanced, is no longer the primary homesteaded residence or is operated for an
activity deemed ineligible for assistance under NSP guidelines. At that time the balance of the loan will be
repaid.
The County will use the minimum affordability period of the federal HOME Investment Partnership Program,
24 CFR 92,252(a), (c), (e) and (f), and 92.254. The minimum affordability periods are as follows:
• Up to $ 15,000 — 5 Years
• $15,001 to $40,000— 10 Years
• Over $40,001 — 15 Years
• New Construction — 20 Years
The Collier County Department of Housing and Human Service's shall maintain an active list of income -
qualified and mortgage ready applicants. Under direction from the Housing Manager, staff members shall meet
with and pre -qualify potential homebuyers on a regular basis. The applicant(s) will be qualified based on
criteria such as household income, job stability, credit history and liquidity. A minimum of 25 percent of the
Collier County NSP Allocation shall be used to assist households earning less than 50 percent local area median
income, In no event shall NSP Funds be used to assist households earning more than 120 percent local area
median income. All applicants must receive at least eight (8) hours of homebuyer education from a U.S.
Department of Housing and Urban Development certified counselor.
In the event Collier County is unable to sell the acquired home or residential property, the County may, at its
sole discretion, deed the property to the Collier County Housing Authority or nonprofit provider of affordable
housing. All affordability restrictions fisted above shall still apply and the unit(s) must be occupied by
15
Agenda Item No. 16D3
November 18, 2008
households earning no more than 120 percent of the local area median income. Special preferenEnhaff M39
given to those who are currently homeless, at risk of homelessness, elderly or special needs. All tenants must
be income -qualified and rents may not exceed the limits as established in Section C. Definitions and
Descriptions, (2) Definition of "affordable rents".
Collier County shall place program income derived from the sale of the home or residential property into a
separate revolving fund to recycle the NSP Funds, Program income shall be used for any eligible NSP Activity
listed within this Substantial Amendment, a portion of which may be used for program administration.
A minimum of 25 percent of the Collier County NSF Allocation shall be used to assist households earning less
than 50 percent local area median income. In no event shall NSP Funds be used to assist households earning
more than 120 percent local area median income.
Activity #2 - Acquisition and Rehabilitation of Foreclosed Properties for Rental
(1) Activity Name: Acquisition and Rehabilitation of Foreclosed Properties for Rental
(2) Activity Type; Acquisition and Rehabilitation of Foreclosed Properties for Rental
• Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon,
in order to sell, rent or redevelop such homes and properties;
• 24 CFR 570.201(a) Acquisition;
• 24 CFR 570.201(b) Disposition;
• 24 CFR 570.201(i) Relocation;
• 24 CFR 570,201(n) Direct homeownership assistance (as modified below);
o 570.202 eligible rehabilitation and preservation activities for homes and other residential
properties (HUD notes that rehabilitation may include counseling for those seeking to take pint
in the activity).
(3) National Objective: Provides or improves permanent residential structures that will be occupied by a
household whose income is at or below 120 percent of area median income.
(4) Projected Start Date: January 15, 2009
(5) Projected End Date: July 30, 2013
(6) Responsible Organization: Collier County Department of Housing and Human Services; 3301 E Tamiami
Trail, Building H, Suite 211, Naples, FL 34t 12. The County may solicit through Requests for Qualifications
and/or Requests for Proposals organizations/partners to participate in the program.
(7) Location Description: Collier will assist those areas defined in Section A. Areas of Greatest Need —
Identified Program Target Areas. The County will continue to monitor local foreclosure data and intend the
NSP Program to be flexible to allow for timely reaction to any significant changes in the local housing market
(8) Activity Description:
Include a narrative describing the area of greatest need that the activity addresses; the expected benefit to
income -qualified persons; and whether funds used for this activity will be used to meet the low income housing
requirement for those below 50% of area median income.
16
For housing related activities, include:
Agenda Item No. 16D3
November 18, 2008
Page 29 of 39
• tenure of beneficiaries --rental or homeownership;
• duration or term of assistance;
• a description of how the design of the activity will ensure continued affordability.
For acquisition activities, include:
• discount rate
For financing activities, include;
• range of interest rates
Narrative Response:
Collier County's Department of Housing and Human Services will be the lead agency in working with focal
lenders to acquire homes that have been foreclosed, vacant for at least ninety (90) days and on the lender's list
of current inventory. The County may partner with various community organizations and agencies to identify
properties suitable for NSP assistance, Nonprofit and/or charitable organizations with a proven track record of
successfully implementing this activity, as well as administering U.S. Department Housing and Urban
Development grant funds, may be solicited to perform all or parts of this activity. The Department of Housing
and Human Services will consult the County's list of approved contractors and developers when rehabilitation
is required.
The County shall identify properties for sale in the areas of greatest need. If required, a rehabilitation plan shall
be developed and the County and/or housing partners will determine if acquisition of the subject property is
financially feasible.
The purchase price for all properties acquired with NSP Funds during the initial 18 month period shall be
discounted at least 15 percent from the current market -appraised value of the home or residential property. The
current market appraisal will be made in conformity with the requirements of the URA at 49 CFR 24.103 and
completed within 60 days prior to an offer to purchase made by the County or an approved housing partner. If
required, rehabilitation shall be completed and the subject property will be rented to an income eligible
applicant earning no more than 120% of local area median income.
Collier County anticipates that many of the homes or residential properties acquired with NSP Funds will
require rehabilitation and/or improvements to bring the home into compliance current code for Collier County
as detailed in Section C of this Substantial Amendment. Collier County shall prepare a written Rehabilitation
Specification Report for each property to be used to describe in detail the required rehabilitation and
establishment of a cost estimate for the work plan. Additionally, the County will strongly encourage the
incorporation of green building improvements to provide long-term affordability, increased sustainability and
attractiveness of housing and neighborhoods. Collier County encompasses a large coastal area that subjects the
residents to the risk of hurricanes and severe flooding. The County will encourage hurricane hardening and
damage mitigation during rehabilitation.
Collier County will ensure long term affordability though the use of a recorded lien against the property. All
rents charged shall conform to the Fair Market Rents (FMR) limits as defined in Section C. Definitions and
Descriptions, Part 2, as amended from time to time by the U.S Department of Housing and Urban Development,
The County will monitor assisted units on an annual basis during the affordability period.
17
Agenda Item No. 1603
November 18, 2008
All properties receiving assistance from the Neighborhood Stabilization Program (NSP) will be. 81�49ed"dPq a9
recorded second mortgage on the subject property in favor of Collier County. The interest rate shall be 0%. In
the event the unit(s) is transferred, refinanced or operated for an activity deemed ineligible for assistance under
NSP guidelines, the amount of assistance will be recaptured.
The County will use the minimum affordability period of the federal HOME Investment Partnership Program,
24 CFR 92.252(a), (c), (e) and (0, and 92.254. The minimum affordability periods are as follows:
• Up to $15,000 — 5 Years
• $15,001 to $40,000 — 10 Years
• Over $40,001 — 15 Years
• New Construction— 20 Years
A portion of the NSP Funds used in the acquisition and/or rehabilitation may remain in the home or residential
property to provide a subsidy to the renter and increase the subject property's affordability. Collier County
shall place program income derived from the rental operations of the home or residential property into a
separate revolving fund to recycle the NSP Funds. Program income shall be used for any eligible NSP Activity
listed within this Substantial Amendment, a portion of which may be used for program administration.
The Collier County Department of Housing and Human Service's may partner with for-profit or nonprofit
organizations to provide services such as, but not limited to, property management services, tenant selection and
collection of monthly rental payments. Currently, the Collier County Housing Authority operates a Tenant -
Based Rental Assistance (TBRA) Program. The agency has a proven track record of providing a compliant
Section 8 Department of Housing and Urban Development rental subsidy program. The TBRA program is
designed to include a preference for those who are currently homeless, at risk of homelessness, elderly or
special needs while meeting the fluctuating demands for housing.
Collier County or its housing partner may contact local social service agencies for tenant referrals, Currently,
the following agencies provide referrals for the TBRA program: St, Matthew's House, Shelter for Abused
Women and Children, Salvation Army, Catholic Charities, Collier County School Resources and Immokalee
Friendship House. Applicants seeking assistance through the TBRA program are required to meet income
guidelines and are subject to criminal background screening.
A minimum of 25 percent of the Collier County NSP Allocation shall be used to assist households earning less
than 50 percent local area median income, In no event shalt NSP Funds be used to assist households earning
more than 120 percent local area median income.
Activity #3 — Direct Homebuyer Assistance to Acquire Foreclosed Properties
(1) Activity Name: Direct Homebuyer Assistance to Acquire Foreclosed Properties
(2) Activity Tvae: Direct Homebuyer Assistance to Acquire Foreclosed Properties
• Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon,
in order to sell, rent or redevelop such homes and properties;
• 24 CFR 570.201(a) Acquisition;
• 24 CFR 570.201(6) Disposition;
• 24 CFR 570,201(1) Relocation;
• 24 CFR 570.201(n) Direct homeownership assistance (as modified below);
18
Agenda Item No. 16p3
November 18, 2008
0 570.202 eligible rehabilitation and preservation activities for homes and other reslikWidll of 39
properties (HUD notes that rehabilitation may include counseling for those seeking to take part
in the activity).
(3) National Objective: Provides or improves permanent residential structures that will be occupied by a
household whose income is at or below 120 percent of area median income.
(4) Projected Start Date: January 15, 2009
(5) Projected End Date: July 30, 2013
(6) Responsible Organization: Collier County Department of Housing and Human Services; 3301 E Tamiami.
Trail, Building H, Suite 211, Naples, FL 34112. The County may solicit through Requests for Qualifications
and/or Requests for Proposals organizations/partners to participate in the program.
(7) Location Description: Collier County will assist those areas defined in Section A. Areas of Greatest Need —
Identified Program Target Areas. The County will continue to monitor local foreclosure data and intend the
NSP Program to be flexible to allow for timely reaction to any significant changes in the local housing market.
(S) Activity Description:
Include a narrative describing the area of greatest need that the activity addresses; the expected benefit to
income -qualified persons; and whether funds used for this activity will be used to meet the low income housing
requirement for those below 50% of area median income.
For housing related activities, include:
- • tenure of beneficiaries --rental or homeownership;
• duration or term of assistance;
• a description of how the design of the activity will ensure continued affordability.
For acquisition activities, include:
• discount rate
For financing activities, include:
• range of interest rates
Narrative Response:
Collier County's Department of Housing and Human Services will be the lead agency in working with local
residents to acquire homes that have been foreclosed, vacant for at least ninety (90) days and on the tender's list
of current inventory. The County may partner with various community organizations and agencies to assist
persons locate properties suitable for NSP assistance, Nonprofit and/or charitable organizations with a proven
track record of successfully implementing this activity, as well as administering U.S, Department Housing and
Urban Development grant fords, may be solicited to perform all or parts of this activity.
The Direct Homebuyer Assistance Activity shall assist first-time homebuyers by paying a portion of their down
payment and closing cost expense. The activity provides assistance for the purchase of single family homes,
duplexes, condominiums, townhouses or DCA approved manufactured homes.
19
Agenda Item No. 16D3
November 18, 2008
The purchase price for all properties acquired with NSP Funds during the initial 18 month period'sW138mf 38
discounted at least 15 percent from the current market-appraised value of the home or residential property. The
current market appraisal will be made in conformity with the requirements of the URA at 49 CFR 24.103 and
completed within 60 days prior to an offer to purchase made by the applicant. All households assisted must
earn no more than 120 percent of the local area median income.
The applicant will procure a fixed-rate mortgage through the Collier County Loan Consortium, local banks,
FHA or USDA. The interest rate shall not exceed one (1) percent above the then current 60 day Fannie Mae
Index. Additionally, no mortgage insurance is allowed (the only exception being FHA Home Loans), all loans
shall be fully documented, no pre-payment penalties are permitted, closing costs must be reasonable and
customary and applicants' total debt-to-income ratio must be reasonable as determined by the Collier County
Department of Housing and Human Services.
All lenders providing first mortgage financing for homes or residential properties assisted with NSP Funds
agree to comply with the bank regulators` guidance for non-traditional mortgages. Refer to Statement on
Subprime Mortgage Lending issued by the Office of the Comptroller of the Currency, Board of Governors of
the Federal Reserve System, Federal Deposit Insurance Corporation, Department of the Treasury, and National
Credit Union Administration, available at http://www.fdic.go\,/regulations/laws/rules/5000-5160,html.
Collier County will ensure long term affordability though the use of a recorded lien against the property. The
County will monitor assisted units on an annual basis during the affordability period. Additionally, all
properties receiving assistance from are Neighborhood Stabilization Program (NSP) will be secured by a
recorded second mortgage on the subject property in favor of Collier County.
The down payment second mortgage shall bear an interest rale of 0%. No payment will be required until the
home is sold, transferred, refinanced, is no longer the primary homesteaded residence or is operated for an
activity deemed ineligible for assistance under NSP guidelines. At that time the balance of the loan will be
repaid.
All applicants will be taken on a first-come-first-served basis. Applicants must meet NSP income guidelines, as
well as the following: applicant must be a first time home buyer, defined as not having home ownership interest
in a residential property during the past three (3) years, a single parent with children under the age of eighteen
(18) who has recently been divorced and displaced, a displaced victim of domestic violence, or a person
displaced as the result of some government action; the assisted residential property must be located within the
boundaries of Collier County, Florida and the purchase price may not exceed $200,000.
The County will use the minimum affordability period of the federal HOME investment Partnership Program,
24 CFR 92.252(a), (c), (e) and (f), and 92.254. The minimum affordability periods are as follows:
Up to $15,000 — 5 Years
• $15,001 to $40,000 — 10 Years
• Over $40,001 — 15 Years
• New Construction — 20 Years
Collier County shall place program income derived from the sale of the home or residential property into a
separate revolving fund to recycle the NSP Funds, Program income shall be used for any eligible NSP Activity
listed within this Substantial Amendment, a portion of which may be used for program administration.
20
Agenda Item No. 16D3
November 18, 2008
In no event shall NSP Funds be used to assist households earning more than 120 percent local arL'�sa�a�4arS 39
income. All applicants must receive at least eight (8) hours of homebuyer education from a U.S. Department of
_. Housing and Urban Development certified counselor.
Activity tW — Homebuyer Education
(1) Activity Name: Homebuyer Education
(2) Activity TvTe: Homebuyer Education
e Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon,
in order to sell, rent or redevelop such homes and properties;
e 24 CFR 570,201 (a) Acquisition;
• 24 CFR 570,201(b) Disposition;
• 24 CFR 570,201(i) Relocation;
• 24 CFR 570.201 (it) Direct homeownership assistance (as modified below);
o 570.202 eligible rehabilitation and preservation activities for homes and other residential
properties (HUD notes that rehabilitation may include counseling for those seeking to take part
in the activity).
(3) National Obiective: Provides or improves permanent residential structures that will be occupied by a
household whose income is at or below 120 percent of area median income.
(4) Proiected Start Date: January 15, 2009
" (5) Projected End Date: July 30, 2013
(6) Responsible Organization: Collier County Department of Housing and Human Services; 3301 E Tamiami
Trail, Building H, Suite 211, Naples, FL 34112. The County may solicit through Requests for Qualifications
and/or Requests for Proposals organizations/partners to participate in the program.
(7) Location Description: Collier will assist those areas defined in Section A. Areas of Greatest Need —
Identified Program Target Areas, The County will continue to monitor local foreclosure data and intend the
NSP Program to be flexible to allow for timely reaction to any significant changes in the local housing market.
(8) Activity Description:
Include a narrative describing the area of greatest need that the activity addresses; the expected benefit to
income -qualified persons; and whether funds used for this activity will be used to meet the low income housing
requirement for those below 50% of area median income.
For housing related activities, include:
• tenure of beneficiaries --rental or homeownership;
• duration or term of assistance;
• a description of bow the design of the activity will ensure continued affordability.
For acquisition activities, include:
• discount rate
For financing activities, include:
21
• range of interest rates
Nagative Response:
Agenda Item No. 16D3
November 18, 2008
Page 34 of 39
Collier County's Department of Housing and Human Services will partner with local nonprofit agencies to
provide homebuyer education. All homebuyer education and counseling shall be performed by HUD certified
counselors. Currently, there are approximately 6,000 foreclosed upon residential properties in Collier County
with an estimated 750 additional foreclosures filed each month. In order to have a successful NSP Program,
Collier County will partner with local nonprofits to educate prospective homebuyers about successful
homeownership.
Collier County currently contracts with two local agencies to provide homebuyer education. Each organization
provides a minimum of eight (8) hours of education to each participant. The eight (8) hours is provided in the
form of group education and private individual counseling. Annually this program serves over 800 prospective
homeowners.
The Empowerment Alliance of Southwest Florida focuses efforts in the Immokalee area of Collier County,
They are certified by the Neighbor Works Center of Homeownership Education and Counseling (NCHEC).
This organization is also a HUD certified counseling agency and operates in an area designated by HUD as a
revitalization community.
The Collier County Housing Development Corporation focuses efforts throughout Collier County. They also
are certified by the Neighbor Works Center of Homeownership Education and Counseling (NCHEC). This
agency is currently seeking HUD certification. Recognizing that Collier County is a diverse community,
classes are offered in multiple languages.
Examples of topics covered in the homebuyer education classes include, but are not limited to:
-Understanding Credit
-Getting a Mortgage Loan
-Predatory Lending
-Shopping for a Home
-Keeping your Home
-Home Maintenance
-Managing your Finances
-Responsibilities of Homeownership
-Preparing for Homeownership
-The Closing Process
Activity #5 — Demolition of Acquired Foreclosed Properties
(1) Activity Name: Demolition of Acquired Foreclosed Properties
(2) Activity Tyne: Demolition and Clearance of Foreclosed Properties
• Demolish blighted structures;
• 24 CFR 570.201(d) Clearance for blighted structures only,
(3) National Objective: Provides or improves permanent residential structures that will be occupied by a
household whose income is at or below 120 percent of area median income.
(4) Projected Start Date: January 15, 2009
(5) Projected End Date: July 30, 2013
22
Agenda Item No. 16D3
November 16, 2006
Page 35 of 39
(6) Responsible Organization: Collier County Department of Housing and Human Services; 3301 E Tamiami
Trail, Building H, Suite 211, Naples, FL 34112. The County may solicit through Requests for Qualifications
and/or Requests for Proposals organizations/partners to participate in the program.
(7) Location Description: Collier County will assist those areas defined in Section A. Areas of Greatest Need —
Identified Program Target Areas. The County will continue to monitor local foreclosure data and intend the
NSP Program to be flexible to allow for timely reaction to any significant changes in the local housing market.
(8) Activity Description:
Include a narrative describing the area of greatest need that the activity addresses; the expected benefit to
income -qualified persons; and whether funds used for this activity will be used to meet the low income housing
requirement for those below 50% of area median income.
For housing related activities, include:
• tenure of beneficiaries --rental or homeownership;
• duration or term of assistance;
• a description of how the design of the activity will ensure continued affordability.
For acquisition activities, include:
• discount rate
For financing activities, include:
Y range of interest rates
Narrative Response:
Homes or residential properties acquired through the NSP Program that are not economically feasible to
rehabilitate, pose a health threat or pose safety threat, may be demolished, Demolished properties may be
placed in a land bank maintained by Collier County or provided to a local nonprofit provider of affordable
housing. Additionally, NSP Funds may be used to construct a new home on the site.
If the cost to rehabilitate the unit is greater than Fifty (50) percent of the acquisition price, and/or the cost of
acquisition and rehabilitation exceeds one hundred (100) percent loan -to -value, the County will consider
demolition. Collier County does not intend demolition to be a major activity in its NSP program. Rather, the
County reserves the right to demolish an acquired property if deemed a more fiscally effective use of NSP
Funds.
The County shall abide by Uniform Relocation Action (URA) requirements for any affected household where a
housing unit is being demolished that has not been vacant for greater than ninety (90) days. Collier County will
avoid using NSP Funds to acquire homes or residential properties that have been vacant for fewer than ninety
(90) days.
Should Collier County or its housing partner construct a new unit on the site, such activity shall be governed by
NSP guidelines as discussed in Activity #1 - Acquisition and Rehabilitation of Foreclosed Properties for Resale.
Additionally, all households assisted must earn no more than 120 percent of the local area median income.
The County will use the minimum affordability period of the federal HOME Investment Partnership Program,
24 CFR 92.252(a), (c), (e) and (f), and 92,254. The minimum affordability periods are as follows:
23
Agenda Item No. 16D3
November 18, 2008
Page 36 of 39
• Up to $15,000 — 5 Years
• $15,001 to $40,000— 10 Years
• Over $40,001 — 15 Years
• New Construction — 20 Years
Collier County shall place program income derived from the sale of the home or residential property into a
separate revolving fund to recycle the NSP Funds. Program income shall be used for any eligible NSP Activity
listed within this Substantial Amendment, a portion of which may be used for program administration.
Activity t#6 — Land Banking of Acquired Properties
(1) Activit Name: Land Banking of Acquired Properties
(2) Activity Type: Land Banking of Acquired Properties
• Establish land banks for homes that have been foreclosed upon;
• 24 CFR 570.201(a) Acquisition;
• 24 CFR 570.201(b) Disposition.
(3) National Objective: Provides or improves permanent residential structures that will be occupied by a
household whose income is at or below 120 percent of area median income.
(4) Proiected Start Date: January 15, 2009
(5) Projected End Date: July 30, 2013
(6) Responsible Organization: Collier County Department of Housing and Human Services; 3301 E Tamiami
Trail, Building H, Suite 211, Naples, FL 34112. The County may solicit through Requests for Qualifications
and/or Requests for Proposals organizations/partners to participate in the program.
(7) Location Description: Collier County will assist those areas defined in Section A. Areas of Greatest Need —
Identi6ed Program Target Areas. The County will continue to monitor local foreclosure data and intend the
NSP Program to be flexible to allow for timely reaction to any significant changes in the local housing market.
(8) Activity Description:
Include a narrative describing the area of greatest need that the activity addresses; the expected benefit to
income -qualified persons; and whether funds used for this activity will be used to meet the low income housing
requirement for those below 50% of area median income.
For housing related activities, include:
• tenure of beneficiaries --rental or homeownership;
• duration or term of assistance;
• a description of how the design of the activity will ensure continued affordability.
For acquisition activities, include:
• discount rate
For financing activities, include:
24
• range of interest rates
Narrative Response:
Agenda Item No. 16D3
November 18, 2008
Page 37 of 39
Collier County may acquire properties that have been foreclosed and/or vacant for at least ninety (90) days and
are on the lender's list of current inventory to be placed in a land bank. The purchase price for all properties
acquired with NSP Funds during the initial 18 month period shall be discounted at least 15 percent from the
current market -appraised value of the home or residential property. The current market appraisal will be made
in conformity with the requirements of the URA at 49 CFR 24.103 and completed within 60 days prior to an
offer to purchase made by the County or an approved housing partner. The County may partner with various
community organizations and partners to identify properties suitable for NSP land banking. Properties acquired
through this NSP Program for the purpose of being placed in a land bank may be demolished as discussed in
Activity 45 - Demolition of Acquired Foreclosed Properties.
Collier County will ensure long term affordability though the use of a recorded lien against the property. The
County will monitor assisted units on an annual basis during the affordability period. Additionally, all
properties receiving assistance from the Neighborhood Stabilization Program (NSP) will be secured by a
recorded second mortgage on the subject property in favor of Collier County.
The second mortgage shall bear an interest rate of 0%. No payment will be required until the home is sold,
transferred, refinanced, is no longer the primary homesteaded residence or is operated for an activity deemed
ineligible for assistance under NSP guidelines. At that time the balance of the loan will be repaid.
Subsequent redevelopment shall abide by all local and state building codes. Collier County will require home
rehabilitation to meet, or exceed, current Florida Building Code (FBC). The current code used by Collier
County is the 2004 FBC; effective March I, 2009 the code will be updated to 2007 FBC. Collier County will
encourage rehabilitation that improves the energy efficiency and/or conservation of dwelling units receiving
assistance, Additionally, the County will strongly encourage the incorporation of green building improvements
to provide long-term affordability, increased sustainability and attractiveness of housing and neighborhoods.
Collier County encompasses a large coastal area that subjects the residents to the risk of hurricanes and severe
flooding. The County will encourage hurricane hardening and damage mitigation during rehabilitation.
The County will use the minimum affordability period of the federal HOME Investment Partnership Program,
24 CFR 92.252(a), (c), (e) and (f), and 92.254. The minimum affordability periods are as follows:
• Up to $15,000 — 5 Years
e $15,001 to $40,000 — 10 Years
e Over $40,001 — 15 Years
• New Construction — 20 Years
A minimum of 25 percent of the Collier County NSP Allocation shall be used to assist households earning less
than 50 percent local area median income. In no event shall NSP Funds be used to assist households earning
more than 120 percent local area median income.
An NSP -assisted property may not be held in a land bank for more than ten (10) years without obligating the
property for a specific, eligible redevelopment of that property in accordance with NSP requirements.
25
Agenda Item No, 16D3
Collier Comity shall place program income derived from the sale of the home or residentialNovember08
P P ro SAge 1iMcd 39
separate revolving fund to recycle the NSP Funds. Program income shall be used for any eligible NSP Activity
listed within this Substantial Amendment, a portion of which may be used for program administration
1. Total Budget:
Narrative Response,
Refer to Exhibit ,A,,.
The U.S, Department of Housing and Urban Development allows up to 10 percent of the NSP grant provided to
Collier County and up to 10 percent of program income earned for general administration and planning
activities as those are defined at 24 CFR 570.205 and 206. The 10 percent limitation applies to the grant as a
whole. Additionally, HUD recognizes the need to move forward rapidly to prepare this substantial amendment
and to undertake other administrative actions. Therefore HUD has granted permission to incur pre -award costs
effective September 29, 2008 in preparation of the substantial amendment.
J. Performance Measures (e.g„ units of housing to be acquired, rehabilitated, or demolished for the income
levels of households that are 50 percent of area median income and below, 51-80 percent, and 81-120 percent):
Narrative Response:
Collier County shall include performance measures in all agreements with local partners contracted with to
implement activities described in this Substantial Amendment. Such measures shall ensure funds are expended
within the initial NSP required 18 -month time period, Collier County shall monitor all progress to ensure the
housing activities listed in this amendment are completed in a timely manner and local benefit achieved as soon
as possible,
Collier County estimates the total number of units assisted with the initial $7,306,755 allocation to be 59, As
assisted units are sold or transferred, program income shall return to the County, The County may use the
program income received for any activities listed in this substantial amendment, a portion of which may be used
for program administration. The following is a list, by income level, of total units of housing to be assisted with
NSP Funds:
• Low Income —households earning 50% of area median income or less;
0 15 units
• Moderate Income —households earning between 51% and 80% area median income;
o 22 units
• Middle Income — households earning between 81 % and 120% area median income;
o 22 units
Summary of Proiected Number of Units Assisted
Activity Low
Type income
Moderate
I Income
Middle
Income
Acquistion for Resale 3
] 3
13
Acquistion for Rental 6
2
2
Direct Assistance 2
3
3
Demolition 2
3
3
Land Banking 2
1
1
Total 15
221
22
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