Backup Documents 06/27/2017 Item #16D 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 0 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office _ Initials Date
1. Michelle Rubbo Community&Human p i
Services MR- _531 I Ii
2. Jennifer Belpedio County Attorney Office 3E3 6
3. BCC Office Board of County
Commissioners J4} Cp-677-11
4. Minutes and Records Clerk of Court's Office
G10)-4/(4- 1"3171 ,
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Tom Calderon/CHS 252-4220
Contact/ Department
Agenda Date Item was 6/27/17 / �t5 „°'
Approved by the BCC V
Type of Document First amendment to N.R.C tractor's NSP Number of Original 3
Attached I Agreement V Documents Attached ✓
PO number or account whet
n
number if document is I V f'I
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original . e? 1Cr Stamp OK if
SilZkrvv0Original is ilk
C? . NOT require
2. Does the document need to be sent to another a_ • .•• • gnatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be TC
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the TC
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip ,I€3"—
should
lshould be provided to the County Attorney Office at the time the item is input into SIRE. IPt
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 6/27/17 and all changes made during the TC
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the i�`
Chairman's signature. U�
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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MEMORANDUM
Date: June 28, 2017
To: Tom Calderon, Grants Coordinator
Community & Human Services
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: First Amendment to N.R. Contractor's NSP I Agreement
Grant #B-08-UN-12-0003
Attached are the two (2) originals referenced above, (Item #16D6) approved by Board
of County Commissioners on Tuesday, June 27, 2017.
An original has been kept in the Minutes & Records Department, as part of the
Board's Official Records.
If you should have any questions, please contact me at 252-8411.
Thank you.
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Grant#B-08-UN-12-0003
CFDA/CSFA# 14.218
Developer—NR Contractors Inc.
DUNS #- 842006868
FETI #- 65-0363958
Fiscal Year End: 9/30
Monitor End: 04/2029-2032
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
N R CONTRACTORS,INC.
NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
This Amendment is entered into this'J'day oflu..ne 2017, by and between NR
Contractors, Inc., hereinafter referred to as "DEVELOPER" and Collier County, Florida,
hereinafter to be referred to as "COUNTY", collectively stated as the "Parties."
RECITALS
WHEREAS, on July 8, 2014, the County entered into an agreement with Developer to
implement rehabilitation and property management of the Gilchrist Apartments for the NSP
Program as a valid and worthwhile County purposes; and
WHEREAS, the Parties desire to amend the agreement to update the County's contact
information and clarify tenant income limits and affordable rental requirements and time of
performance; and
WHEREAS, the project period of affordability will begin once the project reaches
stabilized occupancy of 10-11 units which represents 80-90% occupancy by qualified tenants as
per Agreement and ends fifteen (15) years from that date.
Words Strue-k---T-krough are deleted; Words Underlined are added
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First Amendment NSP 1
Gilchrist Apartment Rehabilitation Page 1 of 6
PART I 1 6 0 6
SCOPE OF WORK
* * *
1.2 Project Details
B.National Objective
The NSP program funds awarded to Collier County must benefit low-moderate and middle
income persons (LMMI). As such the Developer shall be responsible for ensuring that all
tenants and beneficiaries meet the definition low, moderate and middle income households.
Low income households are those whose household income is 50% of the area median income
(AMI) or less. The NSP program is required to have 25% of all program units occupied by
households earning 50% of the AMI or less and this agreement assists in the overall program
meeting this regulatory requirement.
The NSP program is designed to assist households that do not exceed 120% of the AMI. As
such the developer shall ensure throughout the period of affordability that at least 4 units are
occupied by households at or below 50% AMI at the time of entering into a lease agreement and
the remaining 8 units may be occupied by households not exceeding 120% of the AMI.
1.3 Time of Performance
The Developer shall start effective the date of the execution of this agreement. The fifteen (15)
years affordability period shall commence after reaching stabilized
occupancy of 10-11 units of the 12 units.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Geoffrey Magon Tomas Calderon
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: - . • . ^-• -
tomascalderon@colliergov.net
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First Amendment NSP 1
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C)
Telephone: (239) 252-4220 1 6 O 6
DEVELOPER ATTENTION: Ray Musilmani, Project Manager
NR Contractors Inc.
PO Box 110127
Naples, Florida 34108
Email: raymus@comcast.net
Telephone: (239) 597-9083
* *
PART III
TERMS AND CONDITIONS
* * *
3.17 PROGRAM BENEFICIARIES
Must be low and moderate income persons. If the project is located in an entitlement city, as
beneficiaries directly assisted unde this Agreement must reside in unincorporated Collier County
. ' . . .. . - -• .. . •- - -• «.»
of-this-Agreement. All of the beneficiaries of a project funded through this Agreement must be
low, moderate and middle income persons (LMMI) with incomes not to exceed 120% of the area
median income (AMI), with a unit breakdown upon initial income certification as follows, a
minimum of 4 units for those households at 50% or below of the AMI, the remaining 8 units
may be occupied by households at or below 120% of the AMI. This unit breakdown must be
maintained through the period of affordability and follow proper uniform methods of income
review as described below.
Developer agrees to replace tenants with new tenants of the same income level to maintain the
same unit mix.
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First Amendment NSP 1
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16D6
PART V
NSP Definitions & Requirements
* * *
5.6 Affordable Rental Requirements
will be the higher of:
a. The low HOME Rent limit for the HOME Partnership Program as published by
b. 30% of the persons income as determined by the Developer; or
c. If the Eligible Persons receives assistance from the Section 8 Housing
AutheFity
A. Income Certifications and Unit Distribution Compliance
a. Developer agrees to implement a uniform method of review for
initial income certification, annual income review and the reoccurring
sixth (6th) year recertification. Developer is required to perform an
annual income review for every tenant. Furthermore, Developer is also
required to perform a reoccurring sixth (6th)year income recertification
with substantiation of income from every tenant irrespective of when
other methods of review have been performed. As it relates to the
distribution of Program Beneficiaries, if after any one of the
aforementioned methods of review a tenant's income is at a higher or
lower income level, Developer shall not terminate the tenant's tenancy.
Rather Developer shall provide tenants with rental rates commensurate
with their income levels upon that review. Developer will inure to
maintain proper distribution of tenants as stated in Paragraph 3.17.
However, in the event the distribution of Program Beneficiaries is not
compliant with Paragraph 3.17 as a result of a method of income review,
Developer shall ensure that any vacated units during this period of
noncompliance will first be offered to restore proper unit distribution for
individuals at or below 50%AMI.
B. Maximum rental amounts will be re-adjusted annually by the Grantee
(Collier County) based on the income limits prevailing for the location of the
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0
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rental housing which are published by HUD annually. Developer shall adjust
the maximum rental amount within 30 days of publication of new income limits
and apply the maximum amount to all units and all new leases executed after
that time.
a. To determine the affordable rent amount, the Developer agrees to
follow these procedures.
i. For each unit a household size will be assumed based on the
numbers of bedrooms in the unit, as follows studio, one person, 1
bedroom one or two persons, 2 bedroom, one to three persons.
ii. Developer will identify the income limit for the appropriate
household size and maximum allowed percentage of area median
income from HUD income limits to determine the household's
AMI.
iii. Developer will calculate gross rental amount:
1. Those households at 50% of AMI and below will be
charged the Low HOME rents as published by HUD on
an annual basis.
2. Households at above 50% of the AMI will be charged the
Fair Market Rent (FMR) as published by HUD on an
annual basis.
iv. Developer will calculate the net rental amount.
1. Using a schedule of utility allowances from the local
housing authority or equivalent document, the estimated
amount of the tenant paid utilities will be deducted from
the the gross housing rent payment amount, unless the
developer pays all utilities. The result will be the net rent
amount due from the tenant.
v. Those households receiving a Section 8 subsidy will pay 30%
of their adjusted income towards rent, as
calculated in iv above while the difference will be covered by a
tenant based rental assistance provider, such as a housing
authority.
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�,i
1by6
IN WITNESS WHEREOF, the Developer and the County, have each, respectively, by
an authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: BOARD VaF • TY COMMISSIONERS
DWIGHT E B1QCK''' ERK OF COLL Iritier TY, FLORID•
By:y _
Attest as to Ch Clerk Penny Tayloreairman
signature only.
Dated: l0 la 1
(S )
N R CONTRACTORS, INC.
By:
Ray Musliman','CEO
Approved as to form and legality:
Jennifer`. Belpedio
Assistant County Attorney
S
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