Agenda 12/08/2015 Item #16D 412/8/2015 16.D.4.
EXECUTIVE SUMMARY
Recommendation to approve a substantial amendment to Collier County's U.S Department of
Housing and Urban Development Annual Action plan for FY 2015 -2016 and approve the Fourth
Amendment to the subrecipient agreement with Big Cypress Housing Corporation and Collier
County to increase funding is the amount of $401,229, revise milestones and clarify language
allowing all funds be disbursed for all activities for the project known as Hatchers Preserve.
OBJECTIVE: To provide affordable single - family rental homes in Immokalee.
CONSIDERATIONS: Collier County is the recipient of HOME Investment Partnerships (HOME)
Program funds from the United States Department of Housing and Urban Development (HUD) as
provided by the Cranston- Gonzalez National Affordable Housing Act. HOME funds may be used to
provide incentives to develop and support affordable rental housing and homeownership affordability.
On October 22, 2013, the Board approved a HOME funded agreement with Big Cypress Housing
Corporation (BCHC) for the construction of ten single - family rental housing units at Hatcher's Preserve
(Agenda item 16D15). This was one of two agreements issued for the same project at Hatcher's Preserve.
The other was funded with Disaster Recovery Funds (DRI/DREF), and was for completion of an
additional eight homes. Due to time intensive approval processes through the state for the DRI/DREF
funds there were delays in beginning the project. As the County has unallocated HOME funds, it is
proposed that the HOME funds be .used in place of the DRI/DREF funds, which expired on August 31,
2015. This requires both a substantial amendment to the Action Plan and an amendment to the HOME
subrecipient agreement.
The attached proposed substantial amendment to the FY 2015 -2015 Annual Action Plan allocates the
additional HOME funds. HUD regulations and the Five -Year HUD Consolidated Plan require citizen
participation whenever a substantial plan amendment is proposed. There were two notices published for
this project. The fast notice was published in the Naples Daily News on July 10, 2015. The advertisement
identified a thirty-day public comment period from July 10, 2015 to August 10, 2015. A second
Substantial Amendment notice was published in the Naples Daily News on November 4, 2015. This
advertisement ran from November 4, 2015 to December 4, 2015 to allow for a thirty-day comment period.
As of the date of agenda publication, there were no public comments regarding the proposed substantial
amendment.
Three previous amendments to the HOME subrecipient agreement have been approved to revise the
budget, increase the number of single - family homes from ten to eighteen, update the project timeline, and
replace exhibits. The project will benefit low- and very-low- income persons. The Fourth Amendment is
further modifying the subrecipient agreement to include the following:
1) Increase the amount of grant funds in the amount of 401,229;.
2) Extend project completion date; and
3) Clarify that all funds are to be disbursed for all activities for the project known as Hatcher's
Preserve from the initial execution of the agreement forward.
FISCAL IMPACT: The proposed actions described in this executive summary will increase funding in
the amount of $401,229. The funding source for the grant award is the Home Investment Partnerships
(HOME) Program. Funds are available within Grant Fund 705, Project 33435. The amended grant award
for this project will be $2,164,755.40.
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12/8/2015 16.D.4.
LEGAL CONSIDERATIODIS: This item is approved a$ to form and legality and requires majority vote
for approval.-JAB
I
GROWTH .MANAGEMEta IMPACT: Acceptance and implementation of this amendment will
further the Goals, Objectives and Policies within the Housing Element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to execute the Fourth Amendment to the sub�ecipient agreement with Big Cypress Housing
Corporation for the Hatcher's Preserve project.
Prepared by: Jody Paley, Grants Coordinator, Communityland Human Services
Attachments: (1) . Substantial Amendment; (2) BCHC Fourth Amendment; and (3) BCHC Grant
Agreement and Amendments 1 -3.
i
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12/8/2015 16.D.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.4.
Item Summary: Recommendation to approve Fourth Amendment to the subrecipient
agreement with Big Cypress Housing Corporation and Collier County to increase funding in the
amount of $401,229, revise milestones and clarify language allowing all funds be disbursed for
all activities for the project known as Hatchers Preserve.
Meeting Date: 12/8/2015
Prepared By
Name: PaleyJody
Title: VALUE MISSING
10/28/2015 3:39:26 PM
Submitted by
Title: VALUE MISSING
Name: PaleyJody
10/28/2015 3:39:27 PM
Approved By
Name: KushiEdmond
Title: Accountant, Community & Human Services
Date: 11/2/2015 9:37:59 AM
Name: Bendisa Marku
Title: Supervisor - Accounting, Community & Human Services
Date: 11/3/2015 9:26:41 AM
Name: SonntagKristi
Title: Manager - Federal /State Grants Operation, Community & Human Services
Date: 11/13/2015 8:52:17 AM
Name: GrantKimberley
Title: Division Director - Cmnty & Human Svc, Community & Human Services
Date: 11/13/2015 9:01:21 AM
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12/8/2015 16.D.4.
r
Name: TownsendAmanda
Title: Division Director - Operations Support, Public Services Department
Date: 11/13/2015 9:12:02 AM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 11/19/2015 9:28:48 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 11/19/2015 9:47:20 AM
Name: CarnellSteve
Title: Department Head- Public Services, Public Services Department
Date: 11/19/2015 4:55:46 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 11/19/2015 5:07:51 PM
Name: KlatzkowJeff n
Title: County Attorney,
Date: 11/19/2015 8:07:21 PM
Name: StanleyTherese
Title: Manager - Grants Compliance, Grants Management Office
Date: 11/20/2015 3:40:03 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 11/22/2015 11:58:34 AM
/',11.1
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12/8/2015 16.D.4.
THE HUD SUBSTANTIAL AMENDMENT
TO THE
FY 2015 -2016 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) ANNUAL ACTION PLAN
Jurisdiction(s): Collier County, Naples
Lead Agency: Collier County
Jurisdiction Web Address: www.collier ov.net
(URL where CDBG Substantial Amendment
materials are posted)
CDBG Contact Person: Gino Santabarbara
Address: 3339 E. Tamiami Trail, Suite 211,
Naples, FL 34112
Telephone: (239) 252 -2399
Fax: (239) 252 -6396
Email: ginosantabarbarana ,colliergov.net
THE FOLLOWING SUBSTANTIAL AMENDMENT CHANGES ARE PROPOSED TO THE FY 2015 -2016 HUD
ANNUAL ACTION PLAN:
Add a New Project: Project Name: Big Cypress Housing Corporation — Single Family Rental Construction
HOME Program Scope: Project consisting of a minimum of eighteen (18) Single. Family Rental Housing units at
Hatcher's Preserve located at 3180 Westclox Street in Immokalee, FL. Increase funding amount by $401,229.00 from FY
2015 -2016; Project Level Accomplishments: 18, Project Outcome: 18 single family rental units
Note: This project is a previously approved project anticipated to have been partially funded with Disaster Recovery
,Initiative and Disaster Recovery Enhancement funds. Due to time intensive approval processes there were delays in
eginning the project. The HOME funds will be used in place of the Disaster Recovery and Disaster Recovery
Enhancement funds, which expired August 31, 2015.
1
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12/8/2015 16.D.4.
Grant # - M- 06 -UC -12 -0217
M- 08 -UC -12 -0217
M -09 -UC -12 -0217
M- 10 -UC -12 -0217
M- 11 -UC -12 -0217
M- 12 -UC -12 -0217
M- 13 -UC -12 -0217
M- 14 -UC -12 -0217
M- 15 -UC -12 -0217
CFDA/CSFA# - 14.239
Subrecipient — Big Cypress Housing
Corporation CHC
DUNS # - 0647232520
IDIS# 455
FEID # - 65- 1067124
FY End 12/31
Monitoring Deadline 06/2036
FOURTH AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AGREEMENT is made and entered into this day of , 2015, by and
between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ")
having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "DEVELOPER",
"Big Cypress Housing Corporation" a private not - for -profit corporation existing under the laws of
the State of Florida, having its principal office at 19308 SW 380th Street, Florida City, Florida 33034.
RECITALS
WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement using HOME
Investment Partnerships (HOME) Program funds for the a new construction of Multi - Family Project
consisting of a minimum of ten (10) single family rental housing construction at Hatcher's Preserve
located at 3180 Westclox Street in Immokalee, Florida.
WHEREAS, on May 13, 2014, Item 16D13, the COUNTY approved the first amendment to
this Agreement; and
WHEREAS, on September 9, 2014, Item 16D12, the COUNTY approved the second
Big Cypress Housing Corporation (HM 13-03)
Multi- Family Project 18 for Single Family Rental Housing Construction
Amendment #4 Page 1 of 5
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n
12/8/2015 16.D.4.
amendment to this Agreement; and
WHEREAS, on September 8, 2015, Item 16D2, the COUNTY approved the third amendment
to this Agreement; and
WHEREAS, the Parties desire to amend the Agreement to increase the funding amount, revise
milestones and clarify language allowing use of funds for all homes from date of the execution of
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree to amend the Agreement as follows:
Words Streek Thr-auo are deleted; Words Underlined are added
II. TIME OF PERFORMANCE
Services of the DEVELOPER shall start on the 22 "d day of October, 2013 and end on the
30th day of 7••6 October, 2016. Construction activities shall be completed by 2016 and
the affordability period shall cease in 2036. The term of this Agreement and the provisions
herein may be extended by amendment to cover any additional time period during which the
DEVELOPER remains in control of HOME funds or other HOME assets, including program
income.
I. AGREEMENT AMOUNT
rA
The COUNTY agrees to make available at leas4 ONE MILLION SEVEN 14UNDR D SIXTY
26 TWO MILLION ONE HUNDRED SIXTY FOUR THOUSAND SEVEN HUNDRED
FIFTY FIVE DOLLARS AND FORTY CENTS ($2,164,755.40) of HOME Grant funds for the use by
the DEVELOPER during the Term of the Agreement (hereinafter, the aforestated amount including,
without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)
to the Agreement, shall be referred. to as the "Funds "). The DEVELOPER shall be reimbursed by the
COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to
Big Cypress Housing Corporation (HM13 -03)
Multi - Family Project 18 for Single Family Rental Housing Construction
Amendment #4 Page 2 of 5
Packet Page -845- �L'.'
12/8/2015 16.D.4.
exceed
T -WE -N 'V SIX DOLLARS ARS AND FORTY CENTS ( 1,?63,526.40) TWO Y�JO MILLION ONE
HUNDRED SIXTY FOUR THOUSAND SEVEN HUNDRED FIFTY FIVE DOLLARS AND
FORTY CENTS ($2,164.755.40
The budget identified for the Rental Housing Construction Project shall be as follows:
Line Item Description
HOME Funds
Project Component One: Multi- Family Project
10/2014
consisting of a minimum of Eighteen (I8)Single
$2,099,755.40
Family Rental Housing Construction and associated
development costs; including, but not limited to,
construction; temporary and permanent signage;
site maintenance activities; public bid advertisements;
architectural fees; project engineering, closing costs;
soil and other construction testing; surveys, plans
processing consultant; building permits, certificates of
occupancy and inspection fees; impact and utility
connection fees; fair housing advertisements and other
marketing materials; subject property general liability
insurance during development and builder's risk
insurance, impact fees and other related
construction/development fees.
Project Component Two: Developer Fee
$ 65,000.00
Total Project Expenses:
*$197639526.40
*$2,164,755.40
*Contingent upon Approval of HUD Substantial Amendment to the Action Plan and BCC
approval
*
The following table details the project deliverables and payment schedule:
*
Milestone
Antici ated Deadline
Environmental Scope Review by County
10/2014
Big Cypress Housing Corporation (HM13 -03)
Multi - Family Project 18 for Single Family Rental Housing Construction
Amendment #4 Page 3 of 5
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12/8/2015 16.D.4.
Environmental approved by HUD
12/2014
Environmental Review Published and NTP Issued
11/2014
Design work complete
2/2015
Land Acquisition
12/2014
Building Plans submitted & Reviewed by County
01/2015
Bid selection made
03/2015
Contract signed/Awarded/NTP issued
05/2015
Construction complete or near completion for one
of the eighteen units- failure to accomplish this task
may result in the subrecipient being required to
repay $371,260.57 of CDBG/DRI funds that were
previously invested in the project
104545 12/15/2015
Construction of all 18 units complete
06/2016
Lease agreement complete for one of the eighteen
units
^' ^ ' "5- 12/15/2015
Lease Agreements Complete for the remaining
seventeen units
A609 /2016
IV. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any
notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices
and other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY
ATTENTION: Lisa Gien Or-ant GeerdifwAe
Jody Paley, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email to: JodyPaley@Colliergov.net
239 252 614 239- 252 -2903
Signature page to follow
Big Cypress Housing Corporation (HM 13-03)
Multi - Family Project 18 for Single Family Rental Housing Construction
Amendment #4 Page 4 of 5
Packet Page -847-
:. ..,
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Dated:
(SEAL)
.12/8/2015 16.D.4.
I�
BOARD OF COUNTY CONMSSIONERS OF COLLIER
COUNTY, FLORIDA
TIM NANCE, CHAIRMAN
Big Cypress Housing
Signature
DEVELOPER Name and Title
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
Big Cypress Housing Corporation (HM 13.03)
Multi - Family Project 18 for Single Family Rental Housing Construction
Amendment #4 Page 5 of 5
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12/8/2015 16.D.4.
Grant # M- 03- M- 11 -UC -12 -0017
CFDA/CSFA# - 14.239
DEVELOPER i Big Cypress
Housing Corporation CHC
DUNS # - 0647232520
FETI # - 65- 1067124
FY End 1.2/31
Monitoring Deadline 10/2035
AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AGREEMENT is made and entered into this 22nd day of October, 2013, by and
between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ")
having its principal address as 3339 E. Tarrtami Trail, Naples FL 34112, and the " DEVELOPER",
"Big Cypress Housing Corporation" a private not - for - profit corporation existing under the laws of
the State of Florida, having its principal office at 19308 SW 38e Street, Florida City, Florida 33034.
WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME)
Program funds. from the United States Department of Housing and Urban Development (HUD) as
� provided by the Cranston - Gonzalez National Affordable Housing Act, as amended; and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier
County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2013 -2014 for the HOME
Program on August 13, 2013- Agenda Item 1 IA; and
WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for
Federal Fiscal Year 2013 -2014 for the HOME Program and the use of the HOME funds for the
activities identified in the Plan; and
WHEREAS, the COUNTY and the DEVELOPER desire to provide the activities specified in
this Agreement, in accord with the approved One -Year Action Plan; and
WHEREAS, the COUNTY desires to engage the DEVELOPER to implement such
undertakings of the HOME Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual. covenants and obligations herein
contained, the Parties agree as follows:
Big Cypress dousing Corporation
(HM13 -03)
Multi - Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 1 of 35
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12/8/2015 16.D.4.
I. SCOPE OF SERVICES
The. DEVELOPER shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing HOME funds, as determined by Collier County Housing,
Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as
follows:
FY2008 - FY2012 Amended Action Plans identified and approved the project to Big Cypress
Housing Corporation (BCHC):
A. Project Component One: Multi- Family Project consisting of a minimum of Ten (10) Single
Family Rental Housing Construction at Hatcher's Preserve located at 3180 Westclox Street in
Immokalee, FL, in Section 30, township 46 South, Range 29 East, Collier County; Eight (8) of
the units will be High Rents and two (2) Low Rents and all will be three bedroom units. Two
(2) will be designated handicap units.
Maximum Per -Unit Subsidy
The . maximum HOME per -unit subsidy may not be increased above 240 percent of the base
limits authorized by §221(dX3)(ii) of the National Housing Act [12 U.S.C. 17151(d)(3)(iii)j. In
no case will the County's funding of the Project be less than $1,000 per HOME- assisted unit or
more than the maximum per unit subsidy allowed under 24CFR 92.250(a). The maximum
subsidy for '3 bedroom units is $215,282.
As a new construction rental project, the Affordability Period during which DEVELOPER
must maintain compliance with all applicable HOME rules shall be twenty (20) years. The
Affordability Period will not continence until the Project has met the requirements for Project
Completion outlined in 24 CFR 92.2, which will require that construction be complete, all
HOME funds have been disbursed by the COUNTY and drawn from the US Treasury, and
required completion data has been entered in HUD's IDIS Federal. Reporting. System. The
COUNTY will notify the DEVELOPER of the actual date of completion and the exact date of
the expiration of the affordability period, which shall be calculated based on the date of
completion. The COUNTY will record a covenant running with the land, in form satisfactory
to the COUNTY, that provides a means for enforcement of the affordability restrictions of 24
CFR 92.252. The covenant will be recorded senior to all other financing liens, including the
first - position mortgage referenced above, and be enforceable against all successors in interest
to VOASE. If necessary, the COUNTY may execute an amendment to the Covenant Running
with the Land that extends the affordability restrictions of 24 CFR 92.252 to the exact date of
expiration of the affordability period. Failure of the project to meet all applicable HOME
requirements for the entire Affordability Period will result in a requirement that all HOME
funds be repaid by the DEVELOPER to the COUNTY.
LONG TERM AFFORDABILITY
The HOME- assisted housing must meet the affordability requirements for not less than the
applicable period specified in the following table, beginning after project completion. The per
Big Cypress Housing Corporation
(HM 13-03)
Multi- Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 2 of 35
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12/8/2015 16.D.4.
unit amount of HOME funds and the affordability period that they trigger are described more
fully below under Recapture Provisions,
Rental housing activity
Minimum p @dW of anordsWity M years
Rehadiitladon or mail on of eaisu h %aft per mount of HOME fimoa• Under 115,=
315.u0D b 540:
�
Over SQ.000 or nOwbdkWmn involving ralnancing
1
ew wmhuaion or aal mibon of m-My conauuaea hw,*rkg
2
2, Additional Rent Limitations: A rental project with five or more HOME assisted rental units,
shall have. twenty (20) percent of the HOME assisted units occupied by very low - income
families and meet one of the following rent requirements: 1) does not exceed 30 percent of the
annual income of a family whose income equals 50 percent of the median income for the areas,
as determined by HUD; and 2) The rent does not exceed 30 percent of the families adjusted
income. If the unit receives Federal or State project -based rental subsidy and the very low -
income family pays as a contribution toward rent not more than 30 percent of the family's
adjusted income, then the maximum rent (i.e. tenant contribution plus project -based rental
subsidy) is the rent allowable under the Federal or State project based rental subsidy program;
92.252(b)(1)(2). In accordance with 24 CFR 92.252(b), it requires that projects with five (5) or
more HOME assisted rental units have at least 20% of their units occupied by Very -Low-
Income (VLI) 50% of AMI or less.
B. Project Component Two: Developer Fee, as specified in Exhibit H
Items identified for funding are outlined in the budget in Section 1I1.
Any funds the CHDO earns are permitted to be retained as CHDO proceeds from this project
shall be used in compliance with 24 CFR 92.300(x)(2) or as otherwise specified in this
Agreement and in accordance with Exhibit G.
11. TIME OF PERFORMANCE
Services of the DEVELOPER shall start on the 22 "a day of October, 2013 and end on the 31st
day of October, 2015; Construction activities shall be completed by 2015 and the affordability period
shall cease in 2035. The term of this Agreement and the provisions herein may be extended by
amendment to cover any additional time period during which the DEVELOPER remains in control of
HOME funds or other HOME assets, including program income,
I1I. AGREEMENT AMOUNT
The COUNTY agrees to make available at least ONE MILLION DOLLARS AND NO
CENTS ($1,000,000) HOME Grant for the use by the DEVELOPER during the Term of the
Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts
Sig Cypress Housing Corporation
(HM 13 -03)
Multi - Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction
Page 3 of 35 j' 0\
`z
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12/8/2015 16.D.4.
included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the
"Funds "). The DEVELOPER shall be reimbursed by the COUNTY using HUD funding for allowable
costs, determined by COUNTY, in an amount not to exceed ONE MILLION DOLLARS AND
00/100 DOLLARS ($1,000,000) unless an additional $144,000 of grant funds is allocated by the Board
of County Commissioners in a Substantial Amendment to the County's Action Plan. If so, the
SUBRECIPIEIwTT shall be reimbursed by the COUNTY using HUD funding for allowable costs,
determined by COUNTY, in an amount not to exceed ONE MILLION,. ONE HUNDERD FORTY
FOUR THOUSAND AND 00/100 DOLLARS ($1,144,000).
The budget identified for the Rental Housing Construction Project shall be as follows:
Line Item Description
HOME Funds.
Project Component One: Multi- Family Project consisting of a
minimum of Ten (10) Single Family Rental Housing
Construction and associated development costs
$ 935,000
*$144,000
*$1,079,000
Project Component Two: Developer Fee
$ 85,000
Total Project Expenses:
SF Rental Housing Construction `
$935,000
*$144,000
Developer Fee
$ 85,000
*$1,144,000
*Contingent upon FY 2013- 2014 HUD Allocation and Approval of Action Plan and BCC
approval
Modifications to the "Budget and Scope" may only be made if approved in advance by the
COUNTY. Budgeted fund shifts between cost categories and activities shall not be more than 10%
and does not signify a change in scope. Fund shifts that exceed 10% between project components shall
only be made with board approval.
All services specified in Section I. Scope of Services shall be performed by DEVELOPER
employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY
and Federal requirements. The DEVELOPER shall enter into contract for improvements with the
lowest, responsive and qualified bidder, Contract administration shall be handled by the DEVELOPER
and monitored by HHVS, which shall have access to all records and documents related to the project.
Match Pursuant 24 CFR 92.218
Match is required. for HOME funds. The Developer is encouraged to provide match funds when
identified as an eligible source such as contributions to housing activities that qualify as affordable
housing under the HOME program throughout a fiscal year. Contributions that have been or will be
counted as satisfying a matching requirement of another Federal grant or award may not count as
satisfying the matching contribution requirement for the HOME program. Pursuant to Florida
Big Cypress Housing Corporation r
(HM 13 -03)
Multi - Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 4 of 35
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12/8/2015 16.D.4.
administrative Code 67- 37.007 the State Housing Initiatives Partnership Program funds may be used as
required match for HOME eligible activities. The County will apply those funds as a source of match
to meet the federally required match commitment of 25 %.
The County shall reimburse the DEVELOPER for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the
submittal of quarterly progress reports. DEVELOPER may not request disbursement of HOME funds
until funds are needed for the payment of eligible costs, and all disbursement requests must be limited
to the amount needed at the time of the request. However, invoices for work performed are required
every month. DEVELOPER may expend funds only for allowable costs resulting from obligations
incurred during the term of this agreement. If no work has been performed during that month, or if the
DEVELOPER is not yet prepared to send the required backup, a $0 invoice will be required.
Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall
be made to the DEVELOPER when requested as work progresses but, not more frequently than once
per month. Reimbursement will not occur if DEVELOPER fails to perform the minimum level of service
required by this Agreement. Final invoices are due no later than 90 days after the end of the
agreement. Work performed during the term of the program but not invoiced within 90 days without
written exception from the Grant Coordinator will not be reimbursed. No payment will be made until
approved by HHVS for grant compliance and adherence to any and all applicable local, state or
Federal requirements. Payment will be made upon receipt of a properly completed invoice and in
compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act."
The following table details the project deliverables and payment schedule:
Deliverable
Payment and /or Deliverable
Submission Schedule for
Supporting Documents
Payment and /or
Deliverable
Proiect Component One:
Upon invoicing using Exhibit B will reimburse
Payment Request; Monthly
Single Family Rental
allowable expenses on A1A G702 -1992 form
Housing Construction
(attached as Exhibit "G ") or equivalent
document per contractor's Schedule of Values.
Supporting documents must be provided as
back up
10% ($100,000)/ *($14,400) released upon
Certificate of Completion of 10 units, final
waiver of lien from general contractor
Project Component Two:
Upon invoicing using Exhibit B and Developer
Fee documentation/as evidenced by i.e.
Payment Request: Per
occurrence
Developer Fee
Certificate of Occupancy and signed lease
agreement with income qualified eligible
tenant.
Big Cypress Housing Corporation
(HM 13-03)
Multi - Family Projcct consisting of a.
Minimum of Ten (10) Single Family Rental
Housing Construction
Page 5 of 35
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HOME Match Requirement
Documentation of developer activities
Deliverable: Quarterly, as
1/2014
Obtain Environmental Clearance
identified
Creation and maintenance of
N/A
Deliverable: Ongoing and
income eligibility files on
Bid construction contract
to be reviewed during
clients served
7/2014
monitoring
Ten households will benefit
N/A
Deliverable: Ongoing and
from this funding and will be
1/2016
evidenced by lease
low- and moderate- income
agreement
(LMA) persons
Eight (8) at High HOME
rents and two (2) at Low
HOME rents
Quarterly Progress Report
Exhibit D
Deliverable: Quarterly
Proof of Insurance
Insurance certificate
Deliverable: Annually
within 30 days of renewal
Affirmative
Plan Documents
Deliverable: Within 30
Action/Marketing Plan
days of contract execution .
and as modified
HQS Inspections
Inspection Forms
Deliverable: Annually on or
before 11 /30 for each rental
unit
Tenant Leases
Signed Leases
Deliverable: 30 days prior
to occupancy
Tenant Participation Plan
Plan Document
Deliverable: 60 days prior
to leasing
Annual Audit
Audit Report with Management Letter and
Deliverable: 180 days after
Exhibit E
end of fiscal year
Property Inventory
Proof of continued ownership /management of
Deliverable: 11/30 annually
property
Milestone
Deadline
Update Collier County SDP Platt and SWFWMD
Drainage Approvals as required
1/2014
Obtain Environmental Clearance
1/2014
Retain Project Architect and Civil Engineer
2/2014
Submit for County building Plans & obtain
approval
5/2014
Bid construction contract
6/2014
Select Contractor
7/2014
Start construction
9/2014
Construction of 10 units complete
10/2015
Units Leased /Occupied
1/2016
Big Cypress Housing Corporation
(HM 13-03)
Multi- Family Project consisting of a
Minimum of Ten (10) Single family Rental
Housing Construction
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I
iV. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any
notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices
and other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Rosa Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
mailto :RosaMunoz@Colliergov.net
239 - 252 -5713
DEVELOPER ATTENTION: Steve Kirk, President
Big Cypress Housing Corporation
P.O. Box 343529
Florida City, FL 33034
mailto :mailtokirknet(ayahoo.com
305 -242 -2142
V. ADDITIONAL CONDITIONS AND COMPENSATION
The parties acknowledge that the ,Funds originate from HOME grant funds from HUD and must
be implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing HOME funds pertaining to this Agreement. In the event of
curtailment or non - production of said federal funds, the financial sources necessary to continue to pay
the DEVELOPER all or any portions of the funds will not be available. In that event, the COUNTY
may terminate this Agreement; which termination shall be effective as of the date that it is determined
by the County Manager or designee, in his -her sole discretion and judgment, that the Funds are no
longer available. in the event of such termination, the DEVELOPER agrees that it will not look to, nor
seek to hold the COUNTY, nor any individual member of the County Commissioners and for County
Administration, personally liable for the performance of this Agreement, and the COUNTY shall be
released from any further liability to DEVELOPER under the terms of this Agreement.
VI. GENERAL CONDITIONS
A. SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
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Housing Construction Page 7 of 35
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B. GENERAL COMPLIANCE
The DEVELOPER agrees to comply with the requirements of 24 CFR Part 92 of HOME
Investment Partnerships Program Grants including subpart H of these regulations, except that (1') the
DEVELOPER does not assume the recipient's environmental responsibilities described in 24 CFR
93.352 and (2) the DEVELOPER does not assume the recipient's responsibility for initiating the
review process under the provisions of 24 CFR Parts 50 and 58. The DEVELOPER also agrees to
comply with all other applicable Federal, state and local laws, regulations; and policies governing the
funds provided under this contract. The DEVELOPER further agrees to utilize funds available under
this Agreement to supplement rather than supplant funds otherwise available.
HOME FINAL RULE PROVISION: Due to the implementation of the HOME Rules Published
on 7- 24-13, all new applicable regulations apply and are hereby incorporated by reference.
C. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer /employee between the parties; The DEVELOPER
shall at all times remain an "independent contractor" with respect to the services to be performed under
this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation,
FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the
DEVELOPER is an independent contractor.
D. AMENDMENTS
The COUNTY and/or DEVELOPER may amend this Agreement at any time provided that
such amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization, and approved by the Grantee's governing body.
Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or
DEVELOPER from its obligations under this Agreement. No amendments to this agreement will be
granted ninety (90) days prior to end date of this agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or
local governmental guidelines, policies and available funding amounts, or for other reasons. If such
amendments result in a change in the funding, the scope of services, or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment signed by both Grantee and DEVELOPER.
Expiration of Agreement: If the DEVELOPER does not complete the project within the time
period, the COUNTY Manager or designee may subject to HOME program requirements, grant a
cumulative time extension of no more than 180 days and modify any subsequent project work plans to
reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of
the Agreement.
E. INDEMNIFICATION
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(HM 13-03)
Multi- Family Project consisting of a
Minimum of (10) single Family Rental
Housing Construction Page 8 of 35
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To the maximum. extent permitted by Florida law, the DEVELOPER shall indemnify and hold
harmless Collier County, its officers, agents and employees from any and all claims, liabilities;
damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the DEVELOPER or any of its agents, officers,
servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting
under the direction, control, or supervision of the DEVELOPER in the performance of this Agreement.
This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this {
paragraph. The DEVELOPER shall pay all claims and losses of any nature whatsoever in connection
therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including
attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the
termination and/or expiration of this Agreement. This section does not pertain to any incident arising
from the sole negligence of Collier County. The foregoing : indemnification shall not constitute a
waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This
section shall survive the expiration or termination of this Agreement.
F. GRANTEE RECOGNITION /SPONSORSHIPS
The DEVELOPER agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports and similar public
notices prepared and released by the DEVELOPER for, on behalf of, and/or about the Program shall
include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND
VETERAN SERVICES DEPARTMENT"
and shall appear in the same size letters or type as the name of the DEVELOPER. This design concept
is intended to disseminate key information . regarding the development team as well as Equal Housing
Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes.
G. DEFAULTS, REMEDIES AND TERMINATION
In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either
the Grantee or the DEVELOPER, in whole or in part, by setting forth the reasons for such termination,
the effective date, and, in the case of partial termination, the portion to be terminated. However, if in
the case of a partial termination, the Grantee determines that the remaining portion of the award will
not accomplish the purpose for which the award was made, the Grantee may terminate the award in its
entirety.
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(HM 13 -03)"
Multi - Family Project consisting of a
Minimum ofTen (10) Single Family Rental
Housing Construction Page 9 of 35
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(A) The following actions or inactions by DEVELOPER shall constitute a Default under
this Agreement:
1. Failure to comply with any of the rules, regulations or provisions referred to herein,
or such statutes, regulations, executive orders, and HUD guidelines, policies or
directives as may become applicable at any time;
2. Failure, for any reason, of the DEVELOPER to fulfill in a timely and proper manner
its obligations under this Agreement;
3, Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the DEVELOPER to the Grantee reports that are incorrect or
incomplete in any material respect;
5. Submission by the DEVELOPER of any false certification;
6. Failure to materially, comply with any terms of this Agreement; and
7. Failure to materially comply with the terns of any other agreement between the
County and the DEVELOPER relating to the projeet.
In the event of any default by DEVELOPER under this Agreement, the County may seek any
combination of one or more of the following remedies: n
1. Require specific performance of the Agreement, in whole or in part;
2. Require the use of or change in professional property management;
3. Require immediate repayment by DEVELOPER to the County of all HOME funds
DEVELOPER has received under this Agreement;
4. Apply sanctions set forth in 24 CFR 92, if determined by the County to be
applicable;
5. Stop all payments until identified deficiencies are corrected;
6. Terminate this Agreement by giving written notice to DEVELOPER of such
termination and specifying the effective date of such termination. If the Agreement
is terminated by the County as provided herein, DEVELOPER shall have no claim
of payment or claim of benefit for any incomplete project activities undertaken
under this Agreement.
VII.. REVERSION OF ASSETS
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(l IM I3 -03)
Multi - Family Project consisting of a �\
Minimum of Ten (10) Single Family Rental
Housing Construction Page 10 of 35 �4
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In the event of a termination of this Agreement or upon expiration of the Agreement and in
addition to any and all other remedies available to the COUNTY (whether under this Agreement or at
law or in equity) the DEVELOPER shall immediately transfer to the COUNTY any funds on hand at
the time of termination (or expiration) and any accounts receivable attributable to the use of HOME
funds per 24 CFR 92.504(2)(vii).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse DEVELOPER's obligation) to recoup all or any portion of the funds, as
the COUNTY may deem necessary.
Title to equipment acquired by DEVELOPER shall vest with the DEVELOPER, subject to the
conditions outlined in 24 CFR 84.34.
Title to supplies and other expendable property shall vest with the DEVELOPER upon
acquisition subject to the conditions outlined in 24 CFR 84.35.
The County will enforce affordability for the property through deed restrictions upon completion of the
project.
Recapture Provisions
The COUNTY may choose to recapture the entire amount of HOME assistance or a reduced amount
on a pro rata basis for the time the DEVELOPER has owned the housing measured against the required
affordability period. The net proceeds may be divided proportionally as set forth in the following
mathematical formulas:
Direct HOME Subsidy X Net proceeds = HOME recapture Direct HOME
Subsidy + Developer investment
Developer Investment X Net proceeds = amount to Developer
HOME Subsidy + Developer investment
The COUNTY may permit the DEVELOPER to recover the DEVELOPER'S entire investment
(capital improvements made by the DEVELOPER since completion) before recapturing the HOME
investment. Any HOME investment recaptured by the COUNTY shall be deposited to the
Jurisdiction's HOME account for future use towards eligible activities.
VIII. INSURANCE
DEVELOPER shall not commence any work and /or services pursuant to this Agreement until
all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at
all times during its performance.
Big Cypress Housing Corporation
(HM 13-03)
�1 Multi - Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 1 I of 35
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IX. ADMINISTRATIVE REQUIREMENTS
A. EXAMINATION OF RECORDS
The DEVELOPER shall .maintain sufficient records in accordance with 24 CFR 92.508 to
determine compliance with the requirements of this Agreement, the HOME Program and all other
applicable laws and regulations. This documentation shall include, but not be limited to, the following:
B. DOCUMENTATION AND RECORDKEEPING
1. All records required by HOME.
2. DEVELOPER shall keep and maintain public records that ordinarily" and necessarily
would be required by COUNTY in order to perform the service.
3. All reports, plans, surveys, information, documents, maps, books, records and other data
procedures developed, prepared, assembled, or completed by the DEVELOPER for the
purpose of this Agreement shall be made available to the COUNTY by the
DEVELOPER at any time upon request by the COUNTY or HHVS. Materials
identified in the previous sentence shall be in accordance with generally accepted'
accounting principles, procedures and practices, which sufficiently and properly reflect
all revenues and expenditures of funds provided directly or indirectly by this
Agreement, including matching funds and Program Income. These records shall be
maintained to the extent of such detail as will properly reflect all net casts, direct and
indirect labor, materials, equipment, supplies and services, and other costs and expenses
of whatever nature for which reimbursement is claimed under the provisions of this
Agreement.
4. Upon completion of all work contemplated under this Agreement copies of all
documents and records relating to this Agreement shall be surrendered to HHVS if
requested. In any event the DEVELOPER shall retain all documents and records in a
readily accessible, permanent location for four (4) years after project completion;
provided, however, that records of individual tenant income verifications, project rents
and project inspections must be retained for the most recent five year period, until five
years after the affordability period terminates. Notwithstanding the above, if there is
litigation, claims, audits, negotiations or other actions that involve any of the records
cited and that have commenced before the expiration of the five (5) year period, such
records must be retained until completion of the actions and resolution of all issues, or
the expiration of the five (5) year period, whichever occurs later. The COUNTY shall
be informed in writing if an agency ceases to exist after closeout of this Agreement of
the address where the records are to be kept as outlined in 24 CFR 85.42. Meet all
requirements for retaining public records and transfer, at no cost, to COUNTY all
public records in possession of the DEVELOPER upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be
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(HM 13 -03)
Multi - Family Project consisting of a
Minimum of'l *en (10) Single Family Rental
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provided to the COUNTY in a format that is compatible with the information
technology systems of the public agency.
5. The DEVELOPER shall maintain records showing compliance with the Davis -Bacon
Law, including files containing contractor payrolls, employee interviews, Davis -Bacon
wage rates, and administrative cross - referencing. DEVELOPER shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the DEVELOPER shall maintain records showing compliance with federal
purchasing requirements and with other federal requirements for grant implementation.
6. The DEVELOPER will be responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are eligible under
HUD Income Guidelines. The DEVELOPER shall ensure all tenant files comply with
.income determination as specified in 24 CFR 92.203 and 92.253. The DEVELOPER
agrees that HHVS shall be the final arbiter on the DEVELOPER's compliance.
7. Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.. DEVELOPER shall ensure
that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
C. REPORTS AND EVALUATIONS (MONITORING)
Reimbursement may be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring findings identified pursuant to this
Agreement as deemed necessary by the County Manager or designee.
During the term, DEVELOPER shall submit quarterly progress reports to the COUNTY on the
15`h day of January, April, July and October respectively for the prior quarter period end. As part of the
report submitted in October, the DEVELOPER also agrees to include, a comprehensive final report
covering the agreed -upon Program objectives, activities and expenditures and including, but not
limited to, performance data on client feedback with respect to the goals and objectives set forth in
Exhibit "D Exhibit "D" contains an example reporting form to be used in fulfillment of this
requirement. Other reporting requirements may be required by the County Manager or their designee
in the event of Program changes; the need for additional information or documentation arises; and /or
legislative amendments are enacted. Reports and /or requested documentation not received by the due
date shall be considered delinquent and may be cause for default and termination of this Agreement.
During the term, DEVELOPER shall submit an annual audit monitoring report (Exhibit E) to
the COUNTS' no later than 180 days after the DEVELOPER's fiscal year end. The COUNTY will
conduct an annual financial and programmatic review.
The DEVELOPER agrees that HHVS will carry out no less than one (1) annual on -site
monitoring visit and evaluation activities as determined necessary. At the COUNTY'S discretion, they
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(HM 13 -03 )
Multi - Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 13 of 35
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may impose a reasonable monitoring charge. Fees are based on average staff time and costs of ^
materials. Ongoing monitoring fees may be included in the project underwriting. In addition, the
COUNTY shall at a minimum, conduct inspections every two years in accordance with 24 CFR
92.504(d)(i) and HQS inspections shall be completed in accordance with 24 CFR 92.209(i). Also, at
the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site
visit. The continuation of this Agreement is dependent- upon satisfactory evaluations. The
DEVELOPER shall, upon the request of HHVS, submit information and status reports required by
HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports
required. The DEVELOPER shall allow HHVS or HUD to monitor the DEVELOPER on site. Such
site visits may be scheduled or unscheduled as determined by HHVS or HUD.
D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND
HUD REQUIREMENTS
The DEVELOPER agrees to utilize funds available under this Agreement to supplement rather
than supplant funds otherwise available for specified activities.
E. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the thresholds of Collier County Purchasing
Policy.
Purchasing Threshold Policy
Dollar Range S
notes
Under $3K
1 'Written Quote
$3K to $50K
3 Written Quotes
Above $50K
Request for Proposal (RFP)
Invitation for Bid IFB
F. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, the DEVELOPER shall make available all records,
documentation and any other data relating to all matters covered by the Agreement for review,
inspection or audit and in compliance with 24 CFR 92.504.
G. GRANT CLOSEOUT PROCEDURES
DEVELOPER's obligation to. the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to.: making final
payments, disposing of program assets (including the return of all unused materials, equipment,
program income balances, and receivable accounts to the COUNTY), and determining the
custodianship of records. Any balance of unobligated funds which have been advanced or paid must be
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(HM 13-03)
Multi - Family Project consisting of a.
Minimum ofTen (10) Single Family Rental
Housing Construction Page 14 of 35
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returned to the County. Any funds paid in excess of the amount to which the DEVELOPER is entitled
under the terms and conditions of this Agreement must be refunded to the COUNTY. In addition to
the records retention outlined in Section IX.B.3, the DEVELOPER shall comply with Section 119.021
Florida Statutes regarding records maintenance, preservation and retention. DEVELOPER shall also
produce records and information that complies with Section 215.97, Florida Single Audit Act. The
County will record a Mortgage, Deed and Note for each property upon completion of each HOME
unit. Developer shall execute any additional documents and provide additional information as may be
necessary for the County to enter into these additional documents.
X. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The DEVELOPER agrees that no person shall be excluded from the benefits of, or be subjected
to, discrimination under any activity carried out by the performance of this Agreement on the basis of
race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of
such discrimination, the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower- income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible 'business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The DEVELOPER shall comply with Section 3 of
the Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN -OWNED BUSINESS
ENTERPRISES
The DEVELOPER will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to participate in
the performance of this contract.. As used in this contract, the terms "small business" means a business
that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632),
and "minority and women's business enterprise" means a business at least fifty -one (51) percent
owned and controlled by minority group members or women. For the purpose of this definition,
"minority group members" are Afro- Americans, Spanish- speaking, Spanish surnamed or Spanish
heritage Americans, Asian - Americans, and American Indians. The DEVELOPER may rely on written
representations by businesses regarding their status as minority and female business enterprises in lieu
of an independent investigation.
C. PROGRAM BENEFICIARIES
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be low- and moderate income persons. If the project is located in an entitlement city, as defined
by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries
directly assisted under this Agreement must reside in unincorporated Collier County or in
municipalities participating in the County's Urban County Qualification Program. The project shall
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(14M13-03),
Multi- Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 15 of 35
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assist beneficiaries as defined above for the time period designated in Exhibit s4D" of this Agreement.
In accordance with 24 CFR 92.252(b), requires that projects with five (5) or more HOME assisted
rental units have at least 20% of their units occupied by Very- Low- Income (VLI) 50% of AMI or less.
D. AFFIRMATIVE ACTION/MARKETING PLAN
The DEVELOPER agrees that it shall be committed to carry out pursuant to the COUNTY's
specifications an Affirmative Action Program in keeping with the principles as provided in President's
Executive Order 11246 of September .24, 1966. The COUNTY shall provide Affirmative Action
guidelines to the DEVELOPER to assist in the formulation of such program. The DEVELOPER shall
submit a plan for an Affirmative Action Program for approval prior to the award of funds. The
Affirmative Action/Marketing Plan will need to be updated throughout the affordability period and
submitted to County within 30 days of update /modification.
E. CONFLICT OF INTEREST
The DEVELOPER covenants that no person under its employ who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,. direct or
indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with
the performance of this Agreement and that no person having any conflict of interest shall be employed
by or subcontracted by the DEVELOPER. The DEVELOPER will notify the COUNTY in writing and
seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by
a covered person or an entity owned or controlled in whole or in part by the DEVELOPER. The
COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs
are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion.
This provision is not intended to limit DEVELOPER'S ability to self- manage the project using its own
employees. Any possible conflict of interest on the part of the DEVELOPER or its employees shall be
disclosed in writing to H14VS provided, however, that this paragraph shall be interpreted in such a
manner so as not to unreasonably impede the statutory requirement that maximum opportunity be
provided for employment of and participation of low and moderate- income residents of the project
target area.
XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
HOME funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section and 24 CFR 92.257. The
DEVELOPER shall comply with First Amendment Church/State principles as follows:
a. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on the
basis of religion
b. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion
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(HM 1.3 -03)
Multi- Family project consisting of a
Minimum of Ten (10) Single Family Rental
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c. It will retain its independence from Federal, State and local governments and may continue
to carry out its mission, including the definition, practice and expression of its religious
beliefs, provided that it does not use direct HOME funds to support any inherently religious
activities, such as worship, religious instruction or proselytizing
d. The funds shall not be used for the acquisition, construction or rehabilitation of structures to
the extent that those structures are used for inherently religious activities. Where a structure
is used for both eligible and inherently religious activities, HOME funds may not exceed
the cost of those portions of the acquisition, construction or rehabilitation that are
attributable to eligible activities in accordance with the cost accounting requirements I
applicable to HOME funds in this part. Sanctuaries, chapels, or other rooms that a HOME
funded religious congregation uses as its principal place of worship, however, are ineligible
for HOME funded improvements.
XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
REMAINDER OF PAGE INTENTIONLALLY LEFT BLANK
Big Cypress Housing Corporation
(HM 13 -03)
Multi- Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF, the DEVELOPER and the County, have each, respectively, by an r�
authorized person or agent, hereunder set their hands and seals on this day of
,2013.
ATTEST; BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
Bv:
Deputy Clerk GEORGIA A. HILLER, ESQ., CHAIRWOMAN
Dated:
(SEAL)
Big Cypress Housing Corlporati
DEVELOPER Name and Title
.1"
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
Big Cypress Housing Corporation
(HM 13 -03)
Multi - Family Project consisting of
Minimum of Ten (10) Single Family Rental
Housing Construction Page 18 of 35
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EXHIBIT "A"
INSURANCE REOUIREMENTS
The DEVELOPER shall furnish to Collier County, c/o Housing, Human and Veteran Services
Department, 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability including products and completed operations insurance
in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County
must be shown as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used
in connection with this contract in an amount not less than $1,000,000 combined single
limit for combined Bodily Injury and Property Damage. Collier County shall be named
as an additional insured.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided
as follows:
4. Professional Liability Insurance in the name of the DEVELOPER or the licensed design
professional employed by the DEVELOPER in an amount not less than $1,000,000 per
occurrence /$1,000,000 aggregate providing for all sums which the DEVELOPER
and/or the design professional shall become legally obligated to pay as damages for
claims arising out of the services performed by the DEVELOPER or any person
employed by the DEVELOPER in connection with this contract. This insurance shall
be maintained for a period of two (2) years after the certificate of Occupancy is issued.
Collier County shall be named as an additional insured.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in I 4 above; the SUBRECIPEINT shall provide or
cause its Subcontractors to provide original certificates indicating the fallowing types of insurance
coverage prior to any construction:
Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less
than one hundred (100%) percent of the insurable value of the building(s) or
structure(s). The policy shall be in the name of Collier County and the DEVELOPER.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001), the DEVELOPER shall assure that for activities located in an area
identified by the Federal Emergency Management Agency (FEMA) as having special
flood hazards, flood insurance under the National Flood Insurance Program is obtained
Big Cypress Housing Corporation
(HM 13-03)
Multi - Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction
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and maintained as a condition of financial assistance for acquisition or construction
purposes (including rehabilitation). ,
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must
be kept in force throughout the duration of the loan and/or contract:
8. Workers' Compensation as required by Chapter 440, .Florida Statutes.
9. Commercial General Liability including products and completed operations insurance
in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County
must be shown as an additional insured with respect to this coverage.
10. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used
in connection with this contract in an amount not less than $1,000,000 combined single
limit for combined Bodily Injury and Property Damage. Collier County as an additional
insured.
11 Property Insurance coverage on an "All Risk" basis in an amount not less than one
hundred (100 %) of the replacement cost of the property. Collier County must be shown
as a Loss payee with respect to this coverage A.T.I.M.A.
12. Flood Insurance coverage for those properties found to be within a flood hazard zone
for the full replacement values of the structure(s) or the maximum amount of coverage
available through the National Flood Insurance Program (NFIP). The policy must show
Collier County as a Loss Payee A.T.I.M.A.
Big Cypress Housing Corporation !
(HM 13 -03)
Multi- Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 20 of 35
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REOUEST FOR PAYMENT
Sub recipient Name: Big Cypress Housing Corporation BCHC)
Sub recipient Address: P.O. Box 343529/193008 SW 380` Street, Florida City, FL 33034
Project Name: Single Family Rental Housing Construction
Project No: HM13 -03 Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1.
Grant Amount Awarded
2.
Sum of Past Claims Paid on this Account
3.
Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
n
4.
Amount of Previous Unpaid Requests
5.
Amount of Today's Request
6.
Current Grant Balance (initial Grant Amount Awarded
Less Sum of all requests) $
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor (approval authority under $14,999)
Dept Director (approval required $15,000 and above)
Big Cypress Housing Corporation
(HM 13-03)
Multi - Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Constriction Page 21 of 35
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EXHIBIT "C"
RELEASE AND AFFIDAVIT FORM
CONSTRUCTION ONLY
The DEVELOPER certifies for itself and its contractors that all charges for labor, materials,
supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a
demand against any payment bond might be filed, have been satisfied and paid. This document is in
compliance with Florida Statutes Chapter 713.02 Part 1— Waiver or Release of Liens.
This Release and Affidavit is given in connection with the DEVELOPER's (monthly /final)
Request for Payment.
Witness:
BY:
Print name and title
STATE OF
COUNTY OF
Big Cypress Housing Corporation (BCHC)
ITS: President
DATE:
The foregoing instrument was acknowledged before me this day of
20i, by as of
A Choose Not - For - Profit, or Corporation or Municipality on behalf of
Choose Not - For - Profit, Corporation or Municipality . He/She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly
Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of.
Big Cypress Housing Corporation
(HM13 -03)
Multi - Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction
Commission No.:
Page 22 of 35
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CA)
EXHIBIT "D"
QUARTERLY PROGRESS REPORT
Sub - recipients: Please fill in the following shaded areas of the report
Plate:
12/8/2015 16.D.4.
z,� p Alternate "
Program Contact: 11 v..w contact:,.
Telephone Number: (30) 242 4142 .:.;
`REPORT FOR QUARTER ENDING: (check one that applies to the � _-
corresponding grant period): ❑ 0113//14 ,W [34130114 € -N M7131114 ❑ 10131!14 p
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of September 24,:2013.
1
Please list the outcome goals} from your approved application 8 sub- recipe''agn a rent and indicate your progress 3n meeting
those goals since September 24,.2013:
Big Cypress Housing Corporation
(HM 13 -03)
�. Multi- Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 23 of 35
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2.
3.
a.
b.
C.
Yes No
If no. wmiain:
:E4 Z
...now have now access (continuing) to this service or benefit?
...now has improved acoesa to this service or benefit?
...now receive a service or benefit that is no longer substandard?
TOTA• 0
' �7,7� 7
Section 100 Loan Guarantee
Other Consolidated Plan Funds
Other Federal Funds
State I Local Funds
. Total
Entitlement
Total Other Funds Funds
Big Cypress Housing Corporation
(HM13-03)
Multi-Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 24 of 35
CA
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G. I What Is the total number of UNDUPRIC
a. Total No. of adult females served:
..........
b. Total No, of adult mates served:
TOTAL: 0
C. Total No. of families served:
6.
what Is the total n --of UNDUPLJC
EXHIBIT "D"
Total No, of females served under 18:
Total No. of males served under 18:
TOTAL: 0
12/8/2015 16.D.4.
a. Total number of adult females served: -_-.-,-_':Totai
number of females served under 18;j. TI;
b. Total number of adult males served:
Total number of males served under IS: MW�o
TOTAL: 0
TOTAL: 0
a. Total No. of families served:
Total No. of female head of house aid:
Complete EITHER causation #7 OR #111. Complete Question
a it your program gWX serves clients In one or more of the listed HUD Presumed
Benefit categories. Complete question #4 If any client In your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE 130TH QUESTION 7 AND 8,
7. PI BENEFICIARY DAT,�-777777_7
1RESUMED OEM
8.` " " "' DTiIER `BENFIClARYDATJLINGOME`RANdE
Indicate the total number of UNDUPLICATED
Indicate the t*W number of UJIUMMUCALM persons
persons served since October I who fall Into
served since October I who fall Into each Income
each presumed benefit category (tire total
category (the total should equal the total in question #6):
should equal the total in question #6):
Report as:
Report as:
Abused Children
low income (0-30%)
Homeless Person
Low Income (31-50%)
Battered Spouses
Moderate, Income (51 -80 %)
Persons w/ HIV /AIDS
."...Above Moderate Income (>800A)
Elderly Persons
Veterans
Chronically/ Mentally III
Physically Disabled Adults
Other-Youth
TOTAL: 0
TOTAL: 0
Please Indicate how many UNDUPLICATED
clients served since October fall Into each race category. In addition
to each race category, please Indicate how many persons In each race category consider themselves Hispanic
(Total Race column should equal the total
cell).
RACE
ETHNICITY
White
of whom, how many are Hispanic?
Black/African American
of whom. how many are HIspanIc7
Asian
of whom, how many are Hispanic?
American Indian/Alaska Native
0-*,z'-'..�.*: of whom, how many are Hispanic?
Native Hawallan/Other Pacific Islander
i': or whom, how many are •spardc?
American Indian /Alaskan Native 9 White
of whom, how many are Hispanic?
Black(African American& White,
of whom, how many are Hispanic?
Am. Indian /Alaska Native & BlecluAfrican Am.
of whom, how many are Hispanic?
Other MAI-rariall
.g.: of whom, how many are Hispanic?
Other
::of whom. how many are Hispanic?
TOTAL. 0
0 TOTAL HISPANIC
Nam s:
Thle:
Big Cypress Housing Corporation
(HM13-03)
Multi-Family Project consisting of a
Minimum of'ren (10) Single Family Rental
Housing Construction
Signature: Your typed name here represonfe-your electronic
9 Ignature
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EXHIBIT 4`E"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A-133 Audits of States, Local Goverriments, and Non - Profit Organizations requires the Collier
County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards
and determine whether they have met the audit requirements of the circular and whether they are in
compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the
following, provide all appropriate documentation regarding your organization's compliance with the audit
r uirements sign and date this form.
Sub recipient
Name
Big Cypress Housing Corporation (BCHC)
Fiscal Year.
Period
Total State Financial Assistance Expended during
$
most recently completed Fiscal Year
Total Federal Financial Assistance Expended during most
$
recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the $ 500,000 federal/state expenditure threshold for our fiscal year ending
❑
as indicated above and have completed our Circular A- -133 audit. A copy of the audit report
and mans ement letter is attached.
We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as
❑
indicated above and expect to complete our Circular A -133 audit by . Within
30 days of completion of the A -133 audit, we will provide a copy of the audit report and
management letter.
We are not subject to the requirements of OMB Circular A -133 because we:
❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year
indicated above
❑ Are a for- profit organization
❑ Are exempt for other reasons - explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
oi rnnum s were noteu, piease enclose a copy oT ine responses ana corrective action pian.1
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
Big Cypress Housing Corporation
(HM 13-03)
Multi - Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction
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EXHIBIT "F"
LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
1. The Fair Housing Act (42 U.S.C. 3601 -20) and implementing regulations at 24 CFR Dart 100;
Executive Order 11063, as amended by Executive Order 12259 (3 CFR 1958 B1963 Comp., P. 652
and 3 CFR 1.980 Comp., P. 307) (Equal Opportunity in Housing) and implementing regulations at
24 CFR Part 107; and of the Civil Right Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination in
Federally Assisted Programs) and implementing regulations issued at 24 CFR Part 1.
2. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1.968 as
amended, Title VI of the 1984 Civil Rights Act, 42 USC § 2000d, et. seg
3. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
4 Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive Orders
11375 and 12086 which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations.
5. Title VI1 of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC § 2000e, et. seq. The DEVELOPER will; in all solicitations or advertisements for
employees placed by or on behalf of the DEVELOPER, state that it is an Equal Opportunity or
Affirmative Action employer.
6. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the execution of this contract, shall be a
condition of the Federal financial assistance provided under this contract and binding upon the
COUNTY, the DEVELOPER and any of the DEVELOPER's Sub - recipients and subcontractors.
Failure to fulfill these requirements shall subject the COUNTY, the DEVELOPER and any of the
DEVELOPER's Sub- recipients and subcontractors, their successors and assigns, to those sanctions
specified by the Agreement through which Federal assistance is provided. The DEVELOPER
certifies and agrees that no contractual or other disability exists that would prevent compliance
with these requirements.
The DEVELOPER further agrees to comply with these "Section 3" requirements and to include
the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a
program providing direct Federal financial assistance from HUD and is subject
to the requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest
Dig Cypress Housing Corporation
(HM 13.03)
�. Multi - Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 27 of 35
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extent feasible opportunities for training and employment be given to low - and
very low - :income residents of the project area, and that contracts for work in
connection with the project be awarded to business concerns that provide
economic opportunities for low- and very low- income persons residing in the
metropolitan area in which the project is located."
The DEVELOPER further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead -
based paint hazards), housing construction, or other public construction project are given to
low - and very low - income persons residing within the metropolitan area in which the HOME-
funded project is located; where feasible, priority should be given to low- and very low - income
persons: within the service area of the project or the neighborhood in which the project is
located, and to low- and very low- income participants in other HUD programs; and award
contracts for work undertaken in connection with a housing rehabilitation (including reduction
and abatement of lead -based paint hazards), housing construction, or other public construction
project to business concerns that provide economic opportunities for low- and very low- income
persons residing within the metropolitan area in which the HOME- funded project is located;
where feasible, priority should be given to business concerns that provide economic
opportunities to low- and very low- income residents within the service area or the
neighborhood in which the project is located, and to low - and very low - income participants in
other HUD programs.
The DEVELOPER certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
7. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478,12107 and 12086.
8. Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
9. Section 504 of the Rehabilitation Act of 1973,29 U'SC 776(b) (5), 24 CFR 570.614 Subpart K.
10. The Americans with Disabilities Act of 1990
11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
12. 29 CFR Parts 3 and 5 Regulations which prescribe the payment of prevailing wages and the use
of apprentices and trainees on federally assisted projects as mandated by the Davis- Bacon Act.
HUD Form 4010 must be included in all construction contracts funded by CDBG`r and HOME.
(See 42 USG 276a and 24 CFR 135.11(c)).
13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally
assisted projects,
Big C3press Housing Corporation
(HM 13-03)
Multi - Family Project consisting of a
MinimumotTen (10) Single Family Rental
Housing Construction Page 28 of 35
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14. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in CDBG and
HOME Contracts.
15. The DEVELOPER agrees to comply with the non - discrimination in employment and contracting
opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by
Executive Order 13279. The applicable non - discrimination provisions in Section 109 of the HCDA
are still applicable..
16. Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
17.24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of
Higher Education, Hospitals and Other Non- Profit Organizations and specified by the following
subsections:
• Subpart A — General;
.. .Subpart B — Pre -Award Requirements, except for 84.12, Forms for .Applying for Federal j
Assistance;
Subpart C — Post -Award Requirements, except for:
• Section 84.22, Payment Requirements- Grantees shall follow the standards of
85.20(b)(7) and 85.21 in making payments to DEVELOPERS,
• Section 84.23, Cost Sharing and Matching;
• Section 84.24, Program. Income — in Iieu of 84.24 CDBG and HOME
DEVELOPERS shall follow 570.504;
• Section 84.25, Revision of Budget and Program Plans;
• Section 84.32, Real Property— In lieu of 84.32, CDBG and HOME DEVELOPER'S
shall follow 570.505;
• Section 84.34(8), Equipment — In lieu of the disposition provisions of 84.34(8) the
following applies:
ff In all cases in which equipment is sold, the proceeds shall be program
income (pro -rated to reflect the extent to which CDBG or HOME funds were
used to acquire the equipment); and
Equipment not needed by the DEVELOPER for CDBG or HOME activities
shall be transferred to the recipient for the HOME program or shall be
retained after compensating the recipient;
• Section 84.35, Supplies and other Expendable Property
o Section 84.51(b), (e), (d), (e), (f) and (h), Monitoring and Reporting Program
Performance;
• Section 84.52, Financial Reporting;
• Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b)
applies with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual CDBG
or HOME activities shall be four years; and
• The retention period starts from the date of submission of the annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in
Big Cypress Housing Corporation
(HM 13 -03 )
/0-\ Multi-Family-Project consisting of "a
Minimum of'fen ('10) Single Family Rental
Housing Construction Page 29 of 35
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which the specific activity is reported on for the final time rather than from
the date of submission of the final expenditure report for the award;
o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG and HOME
DEVELOPERs shall comply with 570.503(b)(7); and
Subpart D — After-the-Award Requirements except for 84.71, Closeout. Procedures
18.24 CFR 85 Uniform Administrative Requirements for Grants and Agreements to State and Local
Governments shall be followed for sub recipients that are governmental entities.
19. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations
relating thereto. Failure by the DEVELOPER to comply with the laws referenced herein shall
constitute a breach of this agreement, and the County shall have the discretion to unilaterally
terminate this agreement immediately.
20. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County
employee, as set forth in Chapter 112, Part Ili, Florida Statutes, Collier County Ethics Ordinance
No. 2004 -05, as amended, and County Administrative Procedure 5311.
21. Order of Precedence - In the event of any conflict between or among the terms of any of the
Contract Documents, the terms of the Agreement shall take precedence over the terms of all other
Contract Documents, except the terms of any Supplemental Conditions shall take precedence over
the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be
resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall
be resolved by imposing the more strict or costly obligation under the Contract Documents upon
the Contractor at Owner's discretion.
22. Venue Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
23. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of DEVELOPER with full decision- making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes.
Big Cypress Housing Corporation
(HIV113 -03) i
Multi - Family Project consisting of
Minimum of Ten (10) Single Family Rental
Housing Construction Page 30 of 35
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24. The DEVELOPER agrees to comply with the following requirements:
a. 'Clean Air Act, 41 USC 7401, et seq.
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
25. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K), the DEVELOPER shall assure that for activities located in an
area identified by FEMA as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said
flood insurance.
26. The DEVELOPER agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead - Based Paint Poisoning
Prevention Act found at 24 CFR 92.355.
Property standards: The agreement must require the housing to meet the property standards in § 92151
and the lead -based paint requirements in part 35, subparts A, B, J, K, M and R of this title, upon project
completion. The agreement must also require owners of rental housing assisted with HOME funds to
maintain the housing in compliance with § 92.251 for the duration of the affordability period.
27. The DEVELOPER agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a federal, state or local historic property list.
28. The DEVELOPER must certify that it will provide drug -free workplaces in accordance with the
Drug -Free Workplace Act of 1988 (41 USC 701).
29. The DEVELOPER certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the DEVELOPER shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction as outlined in 24 CFR
570.609, Subpart K.
30. The DEVELOPER agrees to comply with the following OMB Circulars whichever is applicable,
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred.
States, local governments. and Indian Tribes follow:
• A -87 for Cost Principles
• A -102 for Administrative Requirements
Big Cypress Housing Corporation
(HM 13-03 )
Multi - gamily Project consisting of a
Minimum of Ten Single Family Rental
Housing Construction Page 31 of 35
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Educational Institutions (even if of State or local government) follow. n
• A -21 for Cost Principles
• A -110 for Administrative Requirements
Non -Profit Organizations follow;
• A -122 for Cost Principles
• A -110 for Administrative Requirements
31. Audits shall be conducted .annually and shall be submitted to the COUNTY one hundred eighty
(180) days after the end of the DEVELOPER's fiscal year. The DEVELOPER shall comply with
the requirements and standards of OMB A -133, Audits of States, Local Governments, and Non -
Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report„ the
COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
Clarification of EIigible Audit Costs
The amendment to §92.206(d)(3) clarifies that eligible costs of a project audit include the cost
certification of costs performed by a certified public accountant. This has always been an eligible
cost; the amendment clarifies and codifies this.
32. Any real property acquired by the DEVELOPER for the purpose of carrying on the projects stated
herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the
provisions of HOME including, but not limited to, the provisions on use and disposition of
property. Any real property within the DEVELOPER control, which is acquired or improved in n
whole or part with CDBG or HOME funds in excess of $25,000, must adhere to the CDBG
Regulations at 24 CFR 570.505, HOME Regulations 24 CFR 92.353 • Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 42014655) • 49
CFR Part 24.24 CFR Part 42 (subpart B) • Section 104(d) `Barney Frank Amendment.
33. As provided in § 287:133, Florida Statutes by entering into this Agreement or performing any
work in furtherance hereof, the DEVELOPER certifies that it, its affiliates, suppliers,
subcontractors and consultants who will perform hereunder, have not been placed on the convicted
vendor list maintained by the State of Florida Department of Management Services within the 36
months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida
Statutes.
34. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee. of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
Big Cypress Housing Corporation
(HM 13 -03)
Multi - Family Project consisting of a 101"\
Minimum oFTen (10) Single Family Mental
Housing Construction Page 32 of 35
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�. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all sub- awards at all tiers (including subcontracts, sub- grants, contracts under grants,
loans, and cooperative agreements) and that all DEVELOPERS shall certify and disclose
accordingly.
35. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
35. Any rule or regulation determined to be applicable by HUD.
37. Florida Statutes 713.20, Part 1, Construction Liens.
38. Florida Statutes 119.021 Records Retention.
39. Florida Statutes, 119.071, Contracts and Public Records,
Big Cypress Housing Corporation
(HM 13-03)
Multi - Family Project consisting of a
Minimum ofTen (10) Single Family Rental.
Housing Construction Page 33 of 35
G
Packet Page -881-
12/8/2015 16.D.4.
EXHIBIT "G"
CHDO RULES, REGULATIONS, AND LAWS
1. 24 CFR Part 92.206, HOME Investment Partnerships Program - The regulations governing the
disbursement of HOME funds.
2. CHDO PROVISIONS:
The COUNTY has certified the DEVELOPER. as a CHDO. The DEVELOPER will maintain
CHDO (Community Housing Development Organization) status for the tern of the
PROJECT /AGREEMENT in accordance with 24 CFR 92 DEVELOPER agrees to provide
information as may be requested by the COUNTY to document its continued compliance,
including but not limited to an annual board roster and certification of continued compliance.
A CHDO must be separate from and not under the control of a government entity.
CHDO Capacity Requirement
CHDOs must have paid staff with capacity Must demonstrate capacity in the proposed role of the CHDO
in order to receive a CHDO (own, develop, or sponsor housing), as defined in the 2013 Rule
designation This can be done through:
• Full -time or part-time staff
• independent contractors
• Consultants, but ONLY during 1 st year as CHDO
Any funds advanced as CHDO pre - development funds must be in compliance with 92.301, and are
forgivable only under the terms in 92.301.
Any funds advanced to the CHDO as CHDO Operating Expenses must be expended in compliance
with 24 CFR 92.208.
The DEVELOPER qualifies as a Community Housing Development Organization (CHDO)
according to 24 CFR 92.2. As such the DEVELOPER is authorized to retain all of the proceeds
generated from his activity as allowed by 24 CFR 92.300(a) (2). Such proceeds are not considered
program Income for this project.
The project is rental; the DEVELOPER shall create and follow a tenant participation plan as
required in 24 CFR 92.303 and submit to the County 60 days prior to occupancy.
3. 24 CFR Part 92 of HOME Investment Partnerships Program Grants including subpart H of these
regulations, except that (1') the DEVELOPER does not assume the recipient's environmental
responsibilities described in 24 CFR 93.352
Big Cypress Housing Corporation
(1-IM 13 -03)
Multi - Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction
Page 34 of 35
Packet Page -882-
G
r�
EXHIBIT "H"
DEVELOPER
12/8/2015 16.D.4.
1. Developers are program beneficiaries and thus distinct from subrecipients, grantee employees, and
contractors. Developers may receive HOME funds from the Grantee. Developer-led rehabilitation
is undertaken pursuant to 24 CFR 570.202(b)(1). New housing construction is undertaken pursuant
to 24 CPR 570.204, or as amended.
GENERAL
2. Developer shall invest its own funds to complete the development of the properties associated with
this agreement thereby assuming risk associated with the project. To compensate Developer for
such risk, and for providing related goods and services, such as, but not necessarily limited to,
eligible buyer identification, construction oversight, and final disposition, Developer shall be paid a
Developer fee.
AMOUNT
3. Grantee shall pay Developer a Six Thousand Five- Hundred and 00 /100 Dollars $6,500) Developer
fee for each of the ten (10) properties associated with this Agreement. The maximum combined
Developer fee paid by Grantee to Developer through this Agreement shall be Sixty Five Thousand
and 00/1.00 Dollars ($65,000); this amount represents a cumulative of Developer fees paid for each
of the properties associated with this Agreement.
METHOD OF PAYMENT
4. Grantee shall pay Developer the Developer fee per property upon lease
person or household. To secure payment, Developer shall submit to
supporting materials in a format acceptable to Grantee:
1. Lease Agreement
2. Certificate of Occupancy
3. Invoice
4. Attestation form to be provided by Grantee
5. Proof of tenant income eligibility
Sig Cypress Housing Corporation
(HM 13 -03)
Multi - Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction
to an income - eligible
Grantee the following
Page 3.5 of 35
Cf1[
Packet Page -883-
12/8/2015 16.D.4.
Grant # air 03 A4 11 UG 12 nnf •f
M- 08 -UC -12 -0217
M- 09 -UC -12 -0217
M- 10 -UC -12 -0217
M- 11 -UC -12 -0217
M- 12 -UC »12 -0217
M- 13 -UC -12 -0217
CFDA/CSFA# 14.239
Subrecipient — Big Cypress Housing
Corporation CH
DUNS # - 0647232520
IDIS# 455
FETI # - 65- 1067124
FY End 12/31
Monitoring Deadline 10/2035
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AGREEMENT is made and entered into this � day of 4 2014, by and
between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee ")
having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "DEVELOPER",
"Big Cypress housing Corporation" a private not - for -profit corporation existing under the 'laws of
the State of Florida, having its principal office at 19308 SW 380ffi Street, Florida City, Florida 33034.
RECITALS
WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement with the HOME
Investment Partnerships (HOME) Program for the a new construction of Multi- Family Project
consisting of a minimum of ten (10) single family rental housing construction at Hatcher's Preserve
located at 3180 Westclox Street in Immokalee, Florida.
WHEREAS, the Parties desire to amend the Agreement to update budget language, amend
project milestones, revise existing Exhibits and to make other modifications to the agreement..
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree to amend the Agreement as follows:
Words Stru& T hre are deleted; Words Underlined are added
Big Cypress Housing Corporation (HM13 -03)
Multi- Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment #1 Page 1 of 9
Packet Page -884-
III. AGREEMENT AMOUNT'
12/8/2015 16.D.4.
The budget identified for the Rental Housing Construction Project shall be as follows:
Line Item Description
HOME Funds
Proiect Component One: Multi - Family Project consisting of a
$ 935,000
minimum of Ten (10) Single Family Rental Housing
*$144,000
Construction and associated development costs; including
*$1,079,000
not limited to construction: teWorar and permanent
siege• site maintenance activities: public bid
advertisements: architectural fees: proiectengineerinz•
closing costs: soil and other construction testing• surveys;
flans processing consultant building permits. certificates of
occu»ancv and inspection fees, • impact and utility connection
fees• fair housing advertisements and other marketing
materials: subfect properU general liability insurance during
development and builder`s risk insurance._
Project Com onent Twa: Developer Fee
$ 65,000
Total Proiect Expenses:
SF Rental Housing Construction
$935,000
*$144,000
Developer Fee
$ 65,000
*$i 144,000
*Contingent upon FY 2023 -2014 HUD Allocation and Approval of Action Plan and BCC
approval
Big Cypress Housing Corporation (HM13 -03)
Multi Family Project consisting of a Minimum of Ten (I0) Single Family Rental Housing Construction
Amendment #1 Page 2 of 8
Cq
Packet Page -885-
12/8/2015 16.D.4.
Milestone
Deadline
Environmental Scope Review by County
1/2014
Preliminary ERR review /approved by County
3/2014
Environmental Review Published and NTP Issued
5/2014
Design work complete
5/2014
Land Acquisition
6/2014
Building Plans submitted & Reviewed by County
6/2014
Bid selection made
7/2014
Contract si ed/Awarded/NTP issued
8/2014
Construction of 10 units complete
7/2015
Lease Agreements Complete
10/2015
This project milestone has been developed jointly with the subrecipient and has been approved by all
parties. The subrecipient is expected to adhere to the target dates. A deviation of up to 10% of the
obligation on the part of the County to make payments for completed or in- progress work The project
milestones may be staff modified only with written approval from the Housing Human and Veteran
Services Department following a written request with explanation from the subreci iient and such
V proval must be made in advance of the milestone deadline. Project completion date may only be
modified by Board approval amendment to this Agreement.
IV. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any
notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices
and other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY
Ar—ENTION: Priscilla Duda, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Emailto; PriscillaDoria @Colliergov.net
239- 252 -5312
Big Cypress Housing Corporation (EIM13 -03)
Multi- Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment #I Page 3 of 8
9#1
Packet Page -886-
12/8/2015 16.D.4.
IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or
agent, hereunder set their hands and seals on the date first written above.
ATTEST: A > BOARD OF COUNTY CommISSIONERS OF COLLIER
DWIGHT F. BR6CX, CLERK. COUNTY, FLORIDA
By:
St tt} G - y Clerk TOMS ING, IRAN" €ot
signature only.
Dated: ()LW i i DD i
(SEAT.)
Big Cypress Housing Corporation
By:
EVE PER re
Steve Kirk President
DEVELOPER Name and Title
Approved as to form and legality:.
Jennifer A. Belpedio_
Assistant County Attorn
z bw
13ig Cypress Housing Corporation (HM 13 -03)
Multi- Family Project consisting of a Minimum of'ren (10) Single Family Rental Housing Construction
Amendment 91 Page 4 of 8
Packet Page -887-
12/8/2015 16.D.4.
Exhibit "B" is replaced as follows:
EXMBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REOUEST FOR PAYMENT
Sub recipient Name Big Cypress Housing Corporation (BCHC)
Sub recipient Address: P.O. Box 343529/193008 SW 380 Street, Florida City, FL 33034
Project Name: Sin le Family Rental Housing Construction
Project No: HM13 -03 Payment Request #
Dollar Amount Requested: $ Date
Period of Availability:
Period for which Agency has incurred indebtedness: through
SECTION II: STATUS OF FUNDS
1, Grant Amount Awarded
2, Sum of Past Claims Paid on this Account
3, Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4, Amount of Previous Unpaid Requests
5. Amount of Today's Request
6, 10% Retainage Amount Withheld
7, Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests) $
1 certify that this request for payment has been drawn in accordance with the terms and conditions of the
Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have
been followed,
Signature Date
Title
Authorizing Grant Coordinator
Supervisor (approval authority under $14,999)
Dept Director
Sig Cypress Housing Corporation (HM 13-03)
(approval required $15,000 and above)
Mufti - Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment #1 Page 5 of 8
Packet Page -888-
12/8/2015 16.D.4.
3.
Yes OWMENEW No
Sin ctober 2 2073 of the persons assisted, how many....
a. ...now have new access (oonCmuing) to this service or benefit? 0
b. ...now has Improved access to this service or benefit?
C. ... now receive a service or benefit that Is no longer substandard7
TOTAL! 0
a.
Section 906 Loan Guarantee
Other Consolidated Plan Funds
Other Federal Funds
State I Local Funds
Total Other Funds
HOPWA
CDBG
ESG
HOME
$ Total Entitlement $
Funds -
Big Cypress Housing Corporation (HM13 -03)
Multi- Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment #i Page 7 of 8
Packet Page -890-
SI
IX
12/8/2015 16.D.4.
Y?V Bff Guff
- applicable?
5. Wtiat�is Ilia total nuiiber -of •tJ1YDUPLiCATEb•ciients
Complete EITHER auestlon #7 OR #B. Complete question #7 If your program only serves clients in one or more of the Dated HUD Presumed
Benefit categories. Complete question #8 If any client in your program does not fall Into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND B.
.. v. N,....,:.: h:'.........-,... .... ::1......r.:.. ...... :...... .......... .... Yk.:Y:'Y.'..q ... .. ,... ........ y.........-:;.... _:nn....- :.r.•.....n.:....:.... :.y:..._,......_, ...n'. ... ... ...:
7. PRESURRED BENEFICIARY BENEFICIARY'DATAe INCOWiB:RANfiE' -':
Indicate the total number of rra►nrrEr CA E82, "Aft "121 a
persons served since October 7 who fail into served the total number w ! r n' each parsons
each presumed benefit category (the total carved sines October i who fall Into each income
should equal the total In question #6) : category (the tote! should equal the total M question #6)
Report as: Report as:
IlAbused Chkiren Extremely tow income (o -3056)
Homeless Person Low Broome (3f- 5t>°i6)
Battered Spouses Moderate Income (51 -8056)
Persons wl HIWAIDS _ Qs :Above Modereto Income ( "8054)
Elderfy Parsons
# Writefly m
Disabled Adults
TOTAL' 0 TOTAL: O
r 'i&' .v'•R'!p. ,. a: S:: o-rs.' L•<,° ?'. KVaaS?.. t;. v,: "<�.= ':•"�:5;'. °�.2�a:1"'..S - ,vr..:y: G "i -�:i'. Vii: say'-:: ic:."' t5::: h:: Ef` i�; c:: t" i'-'"- i :'�`�:;r':•:.FiC:�:'i'�::`:i:;G ; i`':�•+
} = Ttii'�� a •:i: ti°::..,'.'.7h'S,:.'.i� .gin 64.:'1'a�i:w':�'.K' :• ik�::=: Ci' J' A• i:: ijiiRT.?:: Ny: t,- t:.,bi4`a�.: {.fit:�•:'ir:':�Y:: lei,:. ei :bii�.i..,�:..r.r�k.:J'.....a.J
9. Raeiel•6'�t RIC�DBta.�:���- .:,:�s�:•... fa HCable � w��s`
Please indicate how many UNDUPLr.ATED clients served since October fall Into each race category. in addition
to each race category, please Indicate how many persons In each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE ETHNICITY
Blaek/Atriean American
American Indian/Alaska Native
Native HawallanfOther Pacific Islander
American Indian/Alaskan Native & White
Black/Afrk:an American & White
Am. Indian/Ataske Native & Biack/African Am.
Other MA-racial
Other 04MAW,
TOTAL: 0
otwhorn, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic7
of whom, how many are Hispanic?
D ; of whom, how many are Hispanle?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
O ; of whom, how many are Hispanic?
0 TOTAL HISPANIC
Name: Signature:
our typed name here represents your a ec me
Title: signature
Big Cypress Housing Corporation (Hlbll3 -03)
Multi - Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment #1 Page 8 Of 8
Packet Page -891-
0
served 5usiter, if a
e.
Total No. of adult females served: Total No, of females served under 18:
b,
Total No. of adult males served: io Total No. of males seared under 18:
'
TOTAL: o TOTAL:
0
C.
,;O Total No. of female head of household:
Total No. of familles served: WOW"
VON
6.
What is the totai tiumberof UNDUPLICATED clients served since October, if a Ilcablei "..:`-
a.
Total number of adult femaler served: IM-Total Total number of females aerved under 18:
b.
Total number of adult mates served number of males served under 18:
TOTAL: O TOTAL-
0
C,
Total No. of families served: - MO—
• , Total No, of female head of household:
A
Complete EITHER auestlon #7 OR #B. Complete question #7 If your program only serves clients in one or more of the Dated HUD Presumed
Benefit categories. Complete question #8 If any client in your program does not fall Into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND B.
.. v. N,....,:.: h:'.........-,... .... ::1......r.:.. ...... :...... .......... .... Yk.:Y:'Y.'..q ... .. ,... ........ y.........-:;.... _:nn....- :.r.•.....n.:....:.... :.y:..._,......_, ...n'. ... ... ...:
7. PRESURRED BENEFICIARY BENEFICIARY'DATAe INCOWiB:RANfiE' -':
Indicate the total number of rra►nrrEr CA E82, "Aft "121 a
persons served since October 7 who fail into served the total number w ! r n' each parsons
each presumed benefit category (the total carved sines October i who fall Into each income
should equal the total In question #6) : category (the tote! should equal the total M question #6)
Report as: Report as:
IlAbused Chkiren Extremely tow income (o -3056)
Homeless Person Low Broome (3f- 5t>°i6)
Battered Spouses Moderate Income (51 -8056)
Persons wl HIWAIDS _ Qs :Above Modereto Income ( "8054)
Elderfy Parsons
# Writefly m
Disabled Adults
TOTAL' 0 TOTAL: O
r 'i&' .v'•R'!p. ,. a: S:: o-rs.' L•<,° ?'. KVaaS?.. t;. v,: "<�.= ':•"�:5;'. °�.2�a:1"'..S - ,vr..:y: G "i -�:i'. Vii: say'-:: ic:."' t5::: h:: Ef` i�; c:: t" i'-'"- i :'�`�:;r':•:.FiC:�:'i'�::`:i:;G ; i`':�•+
} = Ttii'�� a •:i: ti°::..,'.'.7h'S,:.'.i� .gin 64.:'1'a�i:w':�'.K' :• ik�::=: Ci' J' A• i:: ijiiRT.?:: Ny: t,- t:.,bi4`a�.: {.fit:�•:'ir:':�Y:: lei,:. ei :bii�.i..,�:..r.r�k.:J'.....a.J
9. Raeiel•6'�t RIC�DBta.�:���- .:,:�s�:•... fa HCable � w��s`
Please indicate how many UNDUPLr.ATED clients served since October fall Into each race category. in addition
to each race category, please Indicate how many persons In each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE ETHNICITY
Blaek/Atriean American
American Indian/Alaska Native
Native HawallanfOther Pacific Islander
American Indian/Alaskan Native & White
Black/Afrk:an American & White
Am. Indian/Ataske Native & Biack/African Am.
Other MA-racial
Other 04MAW,
TOTAL: 0
otwhorn, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic7
of whom, how many are Hispanic?
D ; of whom, how many are Hispanle?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
O ; of whom, how many are Hispanic?
0 TOTAL HISPANIC
Name: Signature:
our typed name here represents your a ec me
Title: signature
Big Cypress Housing Corporation (Hlbll3 -03)
Multi - Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment #1 Page 8 Of 8
Packet Page -891-
0
12/8/2015 16.D.4.
Grant # - M- 08 -UC-12 -0217'
M- 09 -UC -12 -0217
M- 10 -UC -12 -0217
M- 11 -UC -12 -0217
M- 12 -UC -12 -0217
M- 13- UC- 12.0217
CFDA/CSFA# 14.239
Subrecipient — Big Cypress Housing
Corporation CHC
DUNS # - 0647232520
IDIS# 455
lM FEED # - 65- 1067124
FY End 12/31
Monitoring Deadline -1012035 04/2036
SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AGREEMENT is made and entered into this day of x.2414, by and
between Collier County, a political subdivision of the State of Florida, ( ' OUNTY" or "Grantee ")
having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "DEVELOPEW ,
"Big Cypress Housing Corporation a private not- far - profit corporation existing under the laws of
the State of Florida, having its principal office at 19308 SW 380`h Street, Florida City, Florida 33034.
RECITALS
WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement with the HOME
Investment Partnerships (HOME) Program for the a new construction of Multi -Family Project
consisting of a minimum of ten (10) single family rental housing construction at Hatcher's Preserve
located at 3180 Westelox Street in Immokalee, Florida.
WHEREAS, on May 13, 2014, Item. 16D13, the COUNTY approved the first amendment to
this agreement; and
WHEREAS, the Parties desire to amend the Agreement to extend the end date and, amend
project milestones.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree to amend the Agreement as follows:
Words Straeli are deleted; Words Underlined are added
Big Cypress Housing Corporation (HM13 -03)
Multi- Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment #2 Pagel of 3
EVE
Packet Page -892-
12/8/2015 16.D.4.
II, TIME OF PERFORMANCE
Services of the DEVELOPER shall start on the 22 °d day of October, 2013 and end on the
day of oetebef� 241&30th day of April, 2016. Construction activities shall be completed by
2844 2016 and the affordability period shall cease in 20356. The term of this Agreement and
the provisions herein may be extended by amendment to cover any additional time period
during which the DEVELOPER remains in control of HOME funds or other HOME assets,
including program income
III. AGREEMENT AMOUNT
Milestone
Anticipated Deadline
10/2014
Environmental Sco a Review by County
Preliminary ERR r:viewlapproved by County
X84410/2014
Environmental Review Published and NTP Issued
491411/2014
Design work complete
cr2/2015
Land Acquisition
61844- 10/2014
Building Plans submitted & Reviewed by County
6Q94410 /2014
Bid selection made
71412/2014
Contract signed/Awarded/NTP issued
94441/2015
Construction of 10 units complete
71/2016
Lease Agreements Complete
4 20154/2016
This project milestone has been developed jointly with the subrecipient and has been approved by all
parties. The subrecipient is expected to adhere to the target dates. A deviation of 60 days for any tasks
is considered normal fluctuation for the project schedule. Any deviation in excess of this by the
subrecipient may result in termination of the agreement with no further obligation on the part of the
County to make payments for completed or in- progress work. The project milestones may be staff
modified only with written approval from the Housing, Human and Veteran Services Department,
following a written request with explanation from the subrecipient, and such approval must be made in
advance of the milestone deadline. Project completion date may only be modified by Board approval
amendment to this Agreement.
r1,
Big Cypress Housing Corporation (HMI 3-03)
Multi- Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment #2 Page 2 of 3
Packet Page -893-
12/8/2015 16.D.4.
IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or
agent, hereunder set their liands and seals on the date first written above.
ATTEST:
DWIGHT, 813ROCKXLERK.-
A 14rk
lts� .
J ftis
signatu, 001
Dated:—
(SEAL)
BOARD OF CO I
COUNTY, F i
By: j
TOM HE KING,
W
By:
OF COLLIER
Steve Kirk, President
DEVELOPER Name and Title
AWmved as to fonn and loplity
0—
C�A A
-I,- *
AsArtant County
Big Cypress I-lousingCorporation (HM13-03)
Multi-Family Proiccl consisting of a Minimum ofTcn (10) SinglcFamily Rental Housing Construction
Amendment #2 Page 3 of 3
EA
Packet Page -894-
/1-111
12/8/2015 16.D.4.
Grant # - M- 06- 1UC -12 -0217
M= 08 -UC42 _0217
M- 09- UO -12 -02 17
M- 10- U+C -12 -0217
M -I I -UC- 12.0217
M- 12 -UC -12 -0217
M- 13 -UC -12 -0217
M- 14 -UC- 12.0217
CFDA/CSFA# - 14.239
Subrecipiient —Big Cypress Housing
Corporation BCHC
DUNS # - 0647232520
IDIS# 455
FEID # 65- 1067124
FY End 12/31
Monitoring Deadline 0406/2036
THIRD AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AGREEMENT is made and entered into this day of , 2015, by and
between Collier County, a political subdivision of the State of Florida, ffOUNTY" or "Grantee")
having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "DEVELOPER ",
"Big Cypress Housing Corporation" a private not- for - profit corporation existing under the laws of
the State of Florida, having its principal office at 19308 SW 380t1i Street, Florida City, Florida 33034.
RECITALS
WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement using HOME
Investment Partnerships (HOME) Program funds for the a new construction of Multi:- Family Project
consisting of a minimum of ten (10) single family rental housing construction at Hatcher °s Preserve
located at 3180 Westelox Street in Irrunokalee, Florida.
WHEREAS, on May 13, 2014, Item 16D13; the COUNTY approved the first amendment to
the Agreement; and
WHEREAS, on September 9, 2014, Item 16D 12, the COUNTY approved the second
amendment to the Agreement; and
Big Cypress Housing Corporation (1IM 13 -03)
Multi - Family Project eeasis4n for Single Family Rental Housing Construction.
Amendment 93 Page 1 of 10
Packet Page -895 -�
12/8/2015 16.D.4.
WHEREAS, the Parties desire to amend the Agreement to expand the scope of services and
increase the funding amount,
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree to amend the Agreement as follows:
Words St-ra,.ln are deleted; Words Underlined are added
1. SCOPE OF SERVICES
A. Project Component One: Multi- Family Project consisting of a minimum of Tef-(10) Eighteen
18 Single Family Rental Housing Construction at Hatcher's Preserve located at 3180
Westclox Street in Immokalee, FL, in Section 30, township 46 South, Range 29 East, Collier
County; Eight (8 Fourteen (14} of the units will be High Rents and ) Four 4 ) Low Rents
and all will be three bedroom units. Two (2) will be designated handicap units.
Ill. TIME OF PERFORMANCE
Services of the DEVELOPER shall start on the 22 "`t day of October, 2013 and end on the
30th day of Apr4 June, 2016. Construction activities shall be completed by 2016 and the
affordability period shall cease in 2036. The term of this Agreement and the provisions herein
may be extended by amendment to cover any additional time period during which the
DEVELOPER remains in control of HOME funds or other HOME assets, including program
income.
II. AGREEMENT AMOUNT
The COUNTY agrees to make available at least ONE hGLLIGN POLLARS AND NQ CENTS
($1,009,000) ONE MILLION SEVEN HUNDRED SIXTY THREE THOUSAND FIVE HUNDRED
Big Cypress Housing Corporation (HM 13 -03)
Multi - Family Project .,eRsistin . era Minimum eFTm ""' for Single Family Rental Housing Construction
Amendment #3 Page 2 of 10
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12/8/2015 16.D.4.
TWENTY SIX DOLLARS AND FORTY CENTS ($1,763,526.40) of HOME Grant funds for the use
by the DEVELOPER during the Tenn of the Agreement (hereinafter, the aforestated amount including,
without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)
to the Agreement, shall be referred to as the "Funds "). The DEVELOPER shall be reimbursed by the
COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to
exceed ONE MILLION SEVEN
HUNDRED SIXTY THREE THOUSAND FIVE HUNDRED TWENTY SIX DOLLARS AND
FORTY CENTS ($1,763,526.40)
_&I tal3ti-11 A— ijeffi
111, 1111 ''Ili: 1212
FOUR THOUSAND AND OW100 DOLLARS ($1,144,009).
The budget identified for the Rental Housing Construction Project shall be as follows:
Line Item Description
HOME Funds
Project Component One: Multi- Family Project consisting of
$43", W
a minimum of Tee (19) Eighteen (in Single Family Rental
4144,000
Housing Construction and associated development costs;
including, but not limited to, construction; temporary and
permanent signage; site maintenance activities; public bid
$1,698,523.40
advertisements; architectural fees; project engineering;
closing costs; soil and other construction testing; surveys;
plans processing consultant; building permits, certificates of
occupancy and inspection fees; impact and utility connection
fees; fair housing advertisements and other marketing
materials; subject property general liability insurance during
development and builder's risk insurance.
Project Component Two: Developer Fee
$ 65,000.00
Total Pro'ect Expenses:
*$1,763,526.40
SF rCfAW L.,r lag Ge fist -Fue "r
— '2 QV�LT
Develeper- Fee
"Vv
4191441000
*Contingent upon Approval of HUD Substantial Amendment to the Action Plan and BCC
approval
*
�. Big Cypress Housing Corporation (HM 13 -03)
Multi - Family Project 10) for Single Family Rental Housing Construction
Amendment 93 Page 3 of 10
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Ova
12/8/2015 16.D.4.
The following table details the project deliverables and payment schedule:
Deliverable
Payment and /or Deliverable
Supporting Documents
Submission Schedule for
Payment and /or
Deliverable
Project Component One_
Upon invoicing using Exhibit B will reimburse
Payment Request: Monthly
Single Family Rental
allowable expenses on AIA G702 -1992 form
Design work complete
Housing Construction
(attached as Exhibit "G ") or equivalent
48;94412/2014
Building Plans submitted & Reviewed by County
document per contractor's Schedule of Values.
Supporting documents must be provided as
back up
10% of total HOME funds exRended
f$ 1 00;0 8) released upon
Certificate of Completion of 49 18 units, final
waiver of lien from general contractor
Eighteen households
will benefit from this
funding and will be low- and
moderate- income (LMA)
persons
Eight (8) Fourteen (14) at
High HOME rents and two
¢2) Four 4 at Low HOME
rents with two (2) of the
eighteen (18 ) homes
NIA Deliverable: Ongoing and
evidenced by lease
agreement
Milestone
AgAgggU Deadline
Environmental Scope Review by County
10/2014
Environmental approved
by Gaunty HUD
104 4 4 1212014
Environmental Review Published and NTP Issued
11/2014
Design work complete
2/2015
Land Acquisition.
48;94412/2014
Building Plans submitted & Reviewed by County
499M 01/2015
Big Cypress Housing Corporation (HM 13 -03)
Multi- Famlly Project eensistiAg „r, M:..:...um a fTw (10) fbr Single Family Rental Housing Construction
Amendment #3 Page 4 of 10
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12/8/2015 16.D.4.
Bid selection made
/914 03/2015
Contract signed/Awarded/NTP issued
„ 05/2015
Construction complete-orMnding eertffieate of
10/15/2015
occupancy for one of the eighteen units - failure to
accomplish this task may result in the subrecinient
being required to repay $371,260.57 of CDBG /DRI
funds that were ]Rreviously invested in the pMieot
Construction of 4-0 all 18 units complete
:FAR 06/2016
Lease agreement complete for one of the eighteen
10/15/2015
units
Lease Agreements Complete for the remaining
seventeen units
4/2016 06/2016
IV. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any
notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices
and other wi itten communications under this Agreement shall be addressed to the individuals in the
^ capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY "'T `r�'`rmrc"'�
ATTENTION• Lisa Oien, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email e;
Email to: LisaOienQCollierl?ov.net
239252531
239- 252 -6141
Signature page to follow
P.1
Big Cypress Housing Corporation (HM 13-03)
Multi - Family Project eenqistingof Minim"""f TeR :iB; for Single Family Rental }lousing Construction
Amendment #3 Page 5 of 10
Packet Page -899-
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12/8/2015 16.D.4.
IN 'WITNESS WHERF,OF, the Patties have each, respectively, by an authorized person or
agent, hereunder set their hands and seals on the date first written above.
ATTEST:
DWIGHT E. BR CK, CLE
ISeputy,Cletk
Dated:
"i0l1<1Yt1re only,
BOARD OF COUNTY COMMISSIONERS OF COLLIER -- -
COUNTY, TFR,1,D
A
By:
TIM NXR2K, CHAIn4AN
Big Cypress Housing Coiporation
By:,
DEV>L PER Signature
President
DEVELOPER Name and Title
Approved in absentia per Resolution
No. 2000 -149 onAAuSt 1111'_2015
'f
By',:
Leo eOchs, Jr., Count /tanager Approved as to forte and legality:
Jennifer tom. Belped o
Assistant County Attorney
Big Cypress housing Corporation (tIM13 -03)
Multi- Fa►nily Project eensisting ofa Minif ra ofT- w ""' for Single Family Rental Nowing Construction
Amendment #3 Page 6 of 10
Packet Page -900-
n
12/8/2015 16.D.4.
EXHIBIT "D"
QUARTERLY PROGRESS REPORT
Sub- reclpients: Please fill In the following shaded areas of the report
Agency Name: Big Cypress Housing Corporation (BCHC) Date:
Project Title: Single Family Rental Housing Construction
Alternate
Program Contact7 Steve Kirk, President Contact: •, "
Telephone Number. (305) 242 -2142
Activity Reporting Period Report Due Date
October 1"-December 31" January 1001
January 31" — March 31" April 100' ,
April 1" —June 3dt' July 100'
July 1" — September 30th October 10th
• G; (Gheak one thatappWe&404 he
ear rigid;: 9 0144 14 0413094 4 9-10/34x#4
Please take note: Each quarterly. report needs to include cumulative data beginning from the start of the agreement date of September 24, 2013.
1.
Please list the outcome goal(s) from your approved application & sub - recipient agreement and Indicate your progress in meeting
those goals since September 24 2013
A. Outcome Goals: fist the outcome goal(s) from your approved application & sub - recipient agreement.
n., Big Cypress Housing Corporation (HM 13 -03)
Multi- Family Project for Single Family Rental Housing Construction
Amendment #3 Page 7 of 10
Packet Page -901-
12/8/2015 16.D.4.
8. Qne1 Frogeg: ]- '�._s:r 3r. Frapess a Gxx � e:re�e eaet s::e w ;�.�1
2.
3.
it taltll prai►Dt el1N N oomplimce wife tha*641nad paoject sehsdubT It ame teen amenths Wind samuls, must submit a now
tMw: for eppravRt.
Yon n
rfera cxTh;Q:
NEVI
Swo ootob" t, or the pamne ieNatoo, Now mil ....
a• _ es�rha• �emxaut: :(eaorioisy�vffidaeenieaabretttL`
b. rwrb"6mproredaceesm tea "fvkeOtbim -£c!
C. ...z=teceke a wAke or b twSO 43 1 is m b4eer rslnz& d!
d.
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Met f"ding sources in appm Tor this paw l ro rmn pami
L`aer : ou�rxd P'as FxFs CDt�3
01-f *t&rai r-44t ESC
Sax • La:alF:eds SC�2
TW4
Em" kmanl
T,*d jb.rr.& 10.0 p'm%b SGO]
Big Cypress Housing Corporation (HM 13-03)
Multi- Family Project for Single Family Rental Housing Construction
Amendment #3 Page 8 of 10
• r
Packet Page -902-
.100-111,
i
12/8/2015 16.D.4.
r
S. Whm it im Latta harrQm or UNDUPLICATED 49=16 owned lhlc aaadat ]rep Ibsbta7
a Sac: Sa :f Jt'. f nand: - Terave sf Escu i_'sd roefe Id Trsl
b. T.sd N" s( ad.:r .e:. oi 4a. of s.a d ..i.:1
a Ye•:• ay. a -a'- es se• -•e• :.e• al• d 4. -si s ' ct - -.sr-: I
r 4. When Ic tha total nbllLber of UIIDUAL ICATBD aAbatc celvaE throb Ootohfi. R attp]faaOts7
L 7ecl,+reia .fdaitsto ,s•a1 Tnadcvas4a aM.A. razJ .Blatt.
D t:d eueara efslvk r —`o mxf T.J.vaka of ada fm a! vsaa It..
C'. 1. -11+. o r A—leo _.... Tea! lk. of L•ec:= it3 of 6:.a -� "J.
Cam—"k L1T fHT It +vaO. a1 QA it. C.xv:, , tuada.l�it y.u, =nip " ,ma ih.,L ie.a..r err, It i., ai,a) CLT Ysaros.f HaeeE
cfara Cary:as Tva:ea cif ey :tats is tave�¢;aa aap a.s6: ran e7savnad 8ncr- e. s:Leq.
DO NOT COY PLETE EOr N CUM Ime I r'M e.
7. PR MAND BEWINI tARY DATA i QdimR a faROARY LATA: MOUN RAIiOH
)sAfs,v 6. t.b) e.atat +f f1?e•ar[_ ..ems lelinaa aie fabl -.IN .f [:1'ACPIJCfIED wmasa
r-11.3 ,and ,Seas Omta I Ida ha low ad aa,.l d as Oafalar L rk, 6H "sb asA aaueme o'4"T
ve.srd im3n -t;:m r;to a+ -. aA—!t ;.s.' tilt um: rks.id tdw: cte t=l AJ: -al •: t
AVA21 oo,
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Pecan Bit-Ared SyODtes
PsMta r' VV ArD S EMWIg
peroaa Fexaaat
Owfica)lr — Uk'JJly a
Arst.afir DIU$Itd A <a
e•+ier• Y bu:D
TOTAL. 0
t
e. 1RADW t Lrihnis nab:
r)sa.e ina]aarc h.- Many VNot:1
rose aab:4ey, a.tea.e indiQtr Udi
.M.]d oq_I aha ,.m] can.
0.�
E:�dt'Ais. -c .Saxaaa
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.tai -v:aa hdra matte
W� .lEea Asa AOL"._ --
.:.�, iracm bi.it T'-i•c & 2:ast:Aiie .8tn
CSa >,4,:A3d
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tam.
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Lvnately ]rx ]MOaLo (o•SOSi;
1arr kX40e (N-IO M
a!rdcte:e la:ome !!l-SO%)
Atcwe Madarate L==a (-0*0
TOTALt 0
JGYlL sU—to *e vw! d.— Oei.bror Call Late eceh rata ao"WY- Ta adStsL.n M aa:h
®any ranter is c.a•.h race .."Y ;4 ihua.atYO i i.p..9e tTo"] A.... wln...a
LTINCITY
-aea -err esa;•ro = k]r.l. of
Mrs -aaO :r
•-Meet haw Sorry i zi=id 'I
n8W Now 2• -. 1:-y id of
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rlsq kew tear ,.s ld2aid of
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Teat SLOSed: 0
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Yew na! .a..: s— a; U U Y—
c].as
Big Cypress Housing Corporation (HM 13 -03)
Multi- Family Project & Single Family Rental Housing Construction
Amendment 93 Page 9 of 10
Packet Page -903-
EXHIBIT "H"
DEVELOPER
12/8/2015 16.D.4.
■ Developers are program beneficiaries and thus distinct from subrecipients, grantee employees, and
contractors. Developers may receive HOME funds from the Grantee. Developer -led rehabilitation
is undertaken pursuant to 24 CFR 570.202(b)(1). New housing construction is undertaken pursuant
to 24 CFR 570.204, or as amended.
Fee
GENERAL
■ Developer shall invest its own funds to complete the development of the properties associated with
this agreement thereby assuming risk associated with the project. To compensate Developer for
such risk, and for providing related goods and services, such as, but not necessarily Iimited to,
eligible buyer identification, construction oversight, and final disposition, Developer shall be paid a
Developer fee.
AMOUNT
Grantee shall pay Developer a Sixty Five
Thousand 00/100 Dollar ($65,000) Developer fee for eaeb 0 the ten (10 eighteen (18) properties
associated with this Agreement.
Developer- tkeugh tMs kgreement shall be Sixty Five Theusand and 00/100 Dollars ;
tT�is amount represents a cumulative of Developer fees paid for each of the properties associated
with this Agreement.
METHOD OF PAYMENT
Grantee shall pay Developer the Developer fee per property
person or household. To secure payment, Developer shall
supporting materials in a format acceptable to Grantee:
• Lease Agreement
• Certificate of Occupancy
• invoice
• Attestation form to be provided by Grantee
• Proof of tenant income eligibility
upon lease to an income - eligible
submit to Grantee the following
Big Cypress Housing Corporation (HM 13-03)
Multi-Family Project for Single Family Rental Housing Construction
Amendment 93 Page 10 of 10
Packet Page -904-