Agenda 12/08/2015 Item #16D22 Proposed Agenda Changes
Board of County Commissioners Meeting
December 8,2015
Add-On Item 4A: Proclamation designating January 16,2016 as National Religious Freedom Day in
Collier County. To be accepted by Greg Harper,Father Michael Orsi,Father Philemon Patitsas,Pastor Rick
Baldwin and Pastor Tom Harris. (Commissioner Henning's request)
Continue Item 16A22 to the January 12.2015 BCC Meeting:Recommendation to approve the name
of a Collier County artificial reef site pursuant to the Memorandum of Understanding with the
Community Foundation of Collier County and accept and appropriate a donation in the amount of
$98,000 for Artificial Reef Donations Project No.44038. (Community Foundation request)
Continue Item 16D25 to the January 12,2016 BCC Meeting: Recommendation to approve FY15-16
contract with the State of Florida Department of Health for the operation of the Collier County Health
Department in the amount of$1,378,200 and also to allocate additional funds in the amount of
$249,220 to fill a funding gap due to state non-funding of the ACHA Medicaid match programs. (Staffs
request)
Move Item 16E13 to Item 11F: Recommendation to accept a report on the status of the North Collier
Fire Control and Rescue District's second submission of a Certificate of Public Convenience and
Necessity for an Advanced Life Support Class 3 Certificate and not to process the application.
(Commissioner Hiller's request)
Move Item 16D22 to Item 11G: Recommendation to approve a resolution amending the Collier County
State Housing Initiatives Partnership(SHIP)Local Housing Assistance Plan(LHAP)for Fiscal Years
13/14-15/16,to add a tiered structure approach for the purchase assistance program including
increasing the maximum award to$50,000,and the addition of two new strategies to include Rental
Rehabilitation and Rental Acquisition;and reaffirm implementation as administrative and
ministerial. (Commissioner Henning's request)
Time Certain Requests:
Item IOC to be heard at 9:30 a.m.
Item 10D to be heard immediately following Item 10C
Item 10A to be heard at 9:45 a.m.
Item 12A to be heard immediately following Item 10A
Item 11C to be heard at 10:00 a.m.
Item 9C to be heard at 10:15 a.m.
Item 11E to be heard following Item 9C
Items 9A and 9B may be heard no sooner than 1:00 p.m.
Item 11A to be heard immediately following Item 9A
10B to be heard at 1:05 p.m.
12/8/2015 8:36 AM
12/8/2015 16.D.22.
EXECUTIVE SUMMARY
Recommendation to approve a resolution amending the Collier County State Housing
Initiatives Partnership (SHIP) Local Housing Assistance Plan (LHAP) for Fiscal Years
13/14 - 15/16, to add a tiered structure approach for the purchase assistance program
including increasing the maximum award to $50,000, and the addition of two new
strategies to include Rental Rehabilitation and Rental Acquisition; and reaffirm
implementation as administrative and ministerial.
OBJECTIVE: Promote affordable housing with development and modification of local
program strategies under the SHIP program.
CONSIDERATIONS: On July 7, 1992 the William E. Sadowski Affordable Housing Act was
signed into law to provide funding to local communities through a documentary stamp tax on
real estate transactions to promote affordable housing. Under the SHIP program Collier County
and City of Naples receive funds from the State to provide initiatives to expand affordable
housing opportunities. In the 2013 -2016 Local Housing Assistance Plan, approved on April 23,
2013 (Agenda item 16D4) and amended on April 8, 2014 (Agenda item 16131) the Board
approved funds to provide purchase assistance as well as owner- occupied residential
rehabilitation assistance, and administrative support.
The amended FY 2013 -2016 LHAP will serve as a guideline for the remaining allocation of
SHIP funds. The LHAP identifies various methods, or strategies, by which the funds will be
allocated and disbursed. There are three significant changes to the 2013 -2016 LHAP.
The first has to do with the Purchase Assistance program. Currently the LHAP allows for an
award of $20,000, with an additional $5,000 if one of the following occupations: teachers and
educators, other school district, community college, university employees, police and fire
personnel, health care personnel, and skilled building trade personnel. Under guidance from the
SHIP technical advisor, it is recommended to stagger funding amounts to provide for more
assistance to those earning less. The suggested tiered maximums are:
• Extremely Low Income (30% AMI) — up to $50,000
• Very Low Income (50% AMI) — up to $40,000
• Low Income ( 80% AMI) — up to $30,000
• Moderate Income (120% AMI) — up to $20,000
The rationale for this is the cost of homes in Collier County exceeds the affordable limit for
majority of the clientele Community and Human Services serves. In order to make homes
affordable and consistent with Housing and Urban Development suggested amount of 30% of
annual gross income to be devoted for housing, the increase in funding assistance will allow
more individuals to purchase homes in Collier County.
Second, a Rental Rehabilitation loan strategy will be added. Currently, the LHAP provides for
owner occupied rehabilitation, only. The program is designed to rehabilitate rental units within
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Collier County. The rental units will serve very -low, low and moderate income households with
the preference for applicants with special housing needs as defined in Florida Statutes. Loans
will be given to non - profit/for- profit housing providers who have site control and ownership of
the properties to rehabilitate existing single family rental units on scattered sites or a rental
complex located in Collier County. Assistance may be provided for large projects involving the
repair of multiple rental units. Individual tenants seeking repairs on their individual rental units
may not directly apply for assistance from this strategy. The SHIP funds used in the
rehabilitation rental program may be leveraged by public and private sources. The maximum
rehabilitation loan to non - profit/for- profit provider shall not exceed $500,000. Maximum per
unit award amount is $30,000.
Third, a Rental Acquisition and Rehabilitation loan strategy will also be added to the 2013 -2016
LHAP. The program is designed to acquire and rehabilitate or acquire and construct rental units
within Collier County. The rental units will serve very -low, low and moderate income
households with a preference for applicants with special needs as defined in s.420.0004. Florida
Statutes. Loans will be given to non - profit/for- profit housing providers to acquire and
rehabilitate existing single family rental units on scattered sites or a rental complex located in
Collier County. The SHIP funds used in the acquisition and /or rehabilitation rental program
may be leveraged by public and private sources. The maximum loan to non - profit/for- profit
provider shall not exceed $300,000. Maximum per unit ward is $30,000.
The SHIP program requires the Board of County Commissioners to approve, by Resolution, any
amendments to the LHAP. Collier County has an interlocal agreement with the City of Naples.
The proposed amendments were approved by the City Council on November 18, 2015. Florida
Housing Finance Corporation reviewed and approved the proposed amendments with non-
material modifications on November 19, 2015.
Approval of this item will adjust the award for Purchase Assistance for income qualified
homebuyers assisted with SHIP funds received under the 2013 -2016 LHAP, and add two new
funding strategies. On October 13, 2015, (Agenda item 16D 13), the Board declared that the
implementation of the Purchase Assistance Program under the SHIP LHAP is administrative and
ministerial. Approval of this item will reaffirm this declaration for the purposes of the purchase
assistance program in the amended LHAP. If Board approval is granted, the LHAP will be
submitted to Florida Housing Finance Corporation for final approval.
FISCAL IMPACT: Submission of the Local Housing Assistance Plan amendment allows
Collier County to expend funds for the fiscal years identified in this plan. SHIP grant funds
reside in SHIP Fund 791, Project 33258 (FY 2013 - 2014), 33331(FY 2014 - 2015), and 33429
(2015- 2016).
GROWTH MANAGEMENT IMPACT: The LHAP amendment will allow the County to
expand the affordable housing opportunities of its citizens and further the goals of the Housing
Element of the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a
majority vote for Board approval. - JAB
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STAFF RECOMMENDATION: That the Board of County Commissioners approves
amendments to the SHIP Local Housing Assistance Plan and authorizes the Chairman to sign a
Resolution amending the SHIP LHAP for fiscal years 2013 -2014, 2014 - 2015,- 2015 -2016.
PREPARED BY: Raynesha Hudnell, Grant Coordinator, Housing and Human Services
Attachments:
1) LHAP Amendment
2) Exhibits, which includes the following: Exhibit A — Administrative Budget; Exhibit B —
Timeline; Exhibit C — Housing Delivery Goals Chart; Exhibit D — Certification Page; Exhibit E
— Adopting Resolution; Exhibit F — Program Information Sheet; Exhibit G — Ordinance;
Exhibit H — Interlocal Agreement with City of Naples; Exhibit I — SHIP Short Sale Policy; and
Exhibit J — Subordination Policy
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.22.
Item Summary: Recommendation to approve a resolution amending the Collier County
State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan (LHAP) for Fiscal Years
13/14- 15/16, to add a tiered structure approach for the purchase assistance program including
increasing the maximum award to $50,000, and the addition of two new strategies to include
Rental Rehabilitation and Rental Acquisition; and reaffirm implementation as administrative
and ministerial.
Meeting Date: 12/8/2015
Prepared By
Name: SantabarbaraGino
Title: Senior Grants and Housing Coordinator, Community & Human Services
11/13/2015 12:01:32 AM
Submitted by
Title: Senior Grants and Housing Coordinator, Community & Human Services
Name: SantabarbaraGino
11/13/2015 12:01:33 AM
Approved By
Name: KushiEdmond
Title: Accountant, Community & Human Services
Date: 11/16/2015 8:23:15 AM
Name: Bendisa Marku
Title: Supervisor - Accounting, Community & Human Services
Date: 11/17/2015 7:28:07 AM
Name: GrantKimberley
Title: Division Director - Cmnty & Human Svc, Community & Human Services
Date: 11/17/2015 3:24:38 PM
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Name: SonntagKristi
Title: Manager - Federal /State Grants Operation, Community & Human Services
Date: 11/17/2015 4:42:55 PM
Name: CarnellSteve
Title: Department Head - Public Services, Public Services Department
Date: 11/18/2015 10:26:54 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 11/18/2015 11:31:52 AM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 11/19/2015 1:50:25 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 11/19/2015 3:28:57 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/19/2015 5:17:35 PM
Name: StanleyTherese
Title: Manager - Grants Compliance, Grants Management Office
Date: 11/20/2015 3:12:34 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/23/2015 9:39:03 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 11/23/2015 1:55:05 PM
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COLLIER COUNTY
AND
CITY of NAPLES
STATE HOUSING INITIATIVES PARNERSHIP (SHIP)
LOCAL HOUSING ASSISTANCE PLAN (LHAP)
FISCAL YEARS COVERED
2013 -14, 2014 -15 and 2015 -16
ADOPTED BY RESOLUTION: 2013 -94
Amended by Resolution: 2015-
Community and Human Services
Public Services Division
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
www.colliergov.net
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Adoption Date: April 23, 2013
Revision Date: April 8, 2014
Revision Date: June 23, 2015
Table of Contents
Page No.
Section I. Program Description
Purposeof the Program ................................................................................................................ 3
Purchase Price Limits 4
Section H. Strategies
Purchase Assistance 7
DisasterRelief ................•..-----•--...........--------......-----....................-•-•--............. .............-- •- ............10
Owner Occupied Rehabilitation ..................................................................................................... 12
RentalRehabilitation ............................................................. .............................15
RentalAcquisition ............................................................... .............................17
Section III. LHAP Incentive Strategies
Expedited Permitting ---•-••---------------- -------- •----------- •--- . - - - -_. .... -• -_ 19
OngoingReview.... ...................................•--............---.......------•----...--------------••-- ••------------ ••- ..........19
Increased Density for Affordable Housing .................................................................................. 20
Inventory of Locally Owned Public Lands Suitable for Affordable Housing ............................. 20
Section IV. Exhibits
Administrative Budget .........
Timeline
................ ...............
Housing Delivery Goals .......
Certification
County Resolution
Program Information____________
Ordinance
Inter -local Agreement ...........
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I. PROGRAM DESCRIPTION:
A. _Name of the participating local government:
Collier County Board of County Commissioners and
Interlocal Agreement with: City of Naples
A copy of the Interlocal Agreement is attached as: Exhibit H.
B. Purpose of the program.
Creation of the Local Housing Assistance Plan (LHAP) is for the purpose of meeting
the housing needs of the very low, low and moderate income households, to expand
production of and preserve affordable housing, and to further the housing element of
the local government comprehensive plan specific to affordable housing.
C. Fiscal years covered by the Plan:
2013 - 14;2014- 15;2015 -16
D. Governance:
The County has established their SHIP Program in accordance with Section 420.907
9079, Florida Statutes and Chapter 67 -37 Florida Administrative Code, The
County SHIP Program does further the housing element of the Collier County
Comprehensive Plan. Cities and Counties must be in compliance with these
applicable statutes and rules.
E. Local Housing Partnership:
The County SHIP Program encourages building active partnerships between
government, lenders, builders and developers, real estate professionals, advocates for
low- income persons and community groups.
F. Leveraging:
The County Local Housing Assistance Plan increases the availability of affordable
residential units by combining local resources and cost saving measures into a local
housing partnership and using public and private funds to reduce the cost of housing.
SHIP funds may be leveraged with or used to supplement other Florida Housing
Finance Corporation programs, including local match to obtain federal housing
grants or programs.
G. Public Input:
The Affordable Housing Advisory Committee public meetings are advertised, open
to the public and may be televised; attendees are welcome to speak. Public input is
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also solicited through the local newspaper when advertising the Notice of Funding
Availability and the County website and Board Agenda when noticing the Local
Housing Assistance Plan and Annual Report. Staff additionally request input from
housing providers, social service agencies, and local lenders and realtors throughout
the year.
H. Advertising and Outreach:
Collier County advertises with a Notice of Funding Availability in the local
newspaper of general circulation serving ethnic and diverse neighborhoods and the
County website, at least 30 days before the beginning of the application period
unless there is no funding available due to a waiting list.
I. Discrimination:
In accordance with the provisions of ss.760.20- 760.37, it is unlawful to discriminate
on the basis of race, religion, color, age, sex, marital status, familial status, national
origin, or handicap in the award application process for eligible housing.
J. SUDDort Services and Counselins:
The Collier County also offers information and
referral services to local support service organization including, but not limited to
homebuyer lre- purchase classes, credit counseling, tenant counseling and
transportation.
K. Purchase Price Limits:
The sales price or value of new or existing eligible housing may not exceed 90% of
the average area purchase price in the statistical area in which the eligible housing is
located. Such average area purchase price may be that calculated for any 12 -month
period beginning not earlier than the fourth calendar year prior to the year in which
the award occurs. The sales price of new and existing units, which can be lower but
may not exceed 90% of the median area purchase price established by the U.S.
Treasury Department or as described above.
The methodology used is:
Independent Study (copy attached)
X U.S. Treasury Department
Local HFA Numbers
The purchase price limit for new and existing homes is shown on the Housing
Delivery Goals Charts: Exhibit C
L. Income Limits, Rent Limits and Affordability:
The Income and Rent Limits used in the SHIP Program are updated annually from
the Department of Housing and Urban Development and distributed by Florida
Housing Finance Corporation. Affordable means that monthly rents or mortgage
payments including taxes and insurance do not exceed 30 percent of that amount
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which represents the percentage of the median annual gross income for the
households as indicated in Sections 420.9071 F.S. However it is not the intent to
limit an individual household's ability to devote more than 30% of its income for
housing, and housing for which a household devotes more than 30% of its income
shall be deemed Affordable if the first institutional mortgage lender is satisfied that
the household can afford mortgage payments in excess of the 30% benchmark and in
the case of rental housing does not exceed those rental limits adjusted for bedroom
size. Any exceptions to the ratios must be approved by the Housing and Human
Services Director.
M. Welfare Transition Program:
Should an eligible sponsor be used, the County has developed a qualification system
and selection criteria for applications for awards to eligible sponsors, this includes a
description that demonstrates how eligible sponsors that employ personnel from the
Welfare Transition Program will be given preference in the selection process.
N. Monitoring and First Right of Refusal:
In the case of rental housing, the County shall annually monitor and determine tenant
eligibility or, to the extent another governmental entity provides the same monitoring
and determination, a municipality, county or local housing financing authority may
rely on such monitoring and determination of tenant eligibility. However, any loan
or grant in the original amount of $3,000 or less shall not be subject to these annual
monitoring and determination of tenant eligibility requirements. Tenant eligibility
will be monitored at least annually for 15 years or the term of assistance, whichever
is longer, unless as specified above.
Eligible sponsors that offer rental housing for sale before 15 years or that have
remaining mortgages funded under this program must give a first right of refusal to
eligible nonprofit organizations for purchase at the current market value for
continued occupancy by eligible persons.
O. Administrative Budd
A detailed listing of the line -item budget for proposed Administrative Expenditures
is attached as Exhibit A. These are presented on an annual basis for each State
fiscal year submitted in the LHAP.
Collier County and the City of Naples finds that the moneys deposited in the local
housing assistance trust fund shall be used to administer and implement the local
housing assistance plan.
Section 420.9075 Florida Statute and Chapter 67 -37, Florida Administrative
Code, states:
"A county or an eligible municipality may not exceed the 5 percent limitation on
administrative costs, unless its governing body finds, by resolution, that 5 percent of
the local housing distribution plus 5 percent of program income is insufficient to
adequately pay the necessary costs of administering the local housing assistance
plan."
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Section 420.9075 Florida Statute and Chapter 67 -37, Florida Administrative
Code, further states:
"The cost of administering the program may not exceed 10 percent of the local
housing distribution plus 5% of program income deposited into the trust fund,
except that small counties, as defined in s. 120.52(17), and eligible municipalities
receiving a local housing distribution of up to $350,000 may use up to 10 percent
of program income for administrative costs."
The County and City have adopted the above findings in the attached resolution,
Exhibit E.
P. Program Administration:
Administration of the local housing assistance plan is the responsibility of Collier
County. Should a third party entity or consultant contract for all of part of the
administrative or other functions of the program the County will provide in detail the
duties, qualification and selection criteria.
Q. Essential Service Personnel:
Counties and eligible municipalities are required to include a definition of Essential
Services Personnel as noted in Rule Chapter 67- 37.002(8) F.A.C., Chapter 67-
37.005(10), F.A.C. and Section 420.9075(3), F.S.
Collier County's definition of "Essential Service Personnel" includes, but is not
limited to, teachers and educators, other school district, community college,
university employees, police and fire personnel, health care personnel, and skilled
building trade personnel.
R. Section 420.9075(3)(d), F.S.:
Innovative design, green building principles, storm resistant construction or other
elements that reduce long term costs relating to maintenance, utilities or insurance.
Provide a brief description as required:
Collier County Homeownership Education classes provide curriculum on cost
cutting measures that homeowners can use to reduce energy consumption. Collier
County also encourages the use or inclusion, when appropriate, of the following:
energy star appliances; low -E windows; additional insulation (for increased R-
value); ceramic tile; tank -less water heater; 14 and 15 SEER air conditioning units;
stucco; florescent light bulbs; impact resistant windows and doors.
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II. LHAP HOUSING STRATEGIES:
A. Purchase Assistance Code 2
a) Summary of the Strategy:
The Collier County Purchase Assistance Program is designed to assist first -
time homebuyers with the purchase of a new or existing single family home or
condominium. A first -time homebuyer is an individual or spouse who has not
owned a home in the last (3) years. Exceptions are made for displaced
homemaker or single parent with children under 18 years of age who have
been divorced or displaced. Funding, which is provided as a second or
subordinate mortgage loan, may be used for down payment, closing costs and
principal buy -down as needed for affordable home ownership. SHIP funds
may be used in conjunction with a first mortgage loan obtained from a
participating lender, not - for - profit developer, Florida Housing Finance
Corporation's Bond Program or Rural Development.
b) State Fiscal Years Covered: 2013 -14, 2014 -15, 2015 -16
c) Income Categories to be served:
Applicants assisted must be income certified as very low, low, and moderate
income, including persons with special needs as defined in Florida
Administrative Code, 67- 37.002 Definitions (21) Persons Who Have Special
Housing Needs.
d) Maximum Award:
The maximum award is: Extremely Low Income - up to $50,000, Very Low
Income — up to $40,000.00, Low Income - up to $30,000.00, and Moderate —
up to $20,000.00, to e%eeed $$30,000.
In the event that another funding source, such as CDBG or HOME is used in
conjunction with SHIP, the total amount of assistance from all sources will
not exceed the maximum award as stated herein.
An additional $5,000 in SHIP funds may be awarded to a state e°ftifie
teacher, st—attee eve-1-fied nurse, state eet4ified. firefighter, or a 4aW AA;4ified law
enforcement officer and skilled building trade personnel.
e) Terms, Recapture and Default:
Funds are secured with a recorded fifteen (15) year, 0% interest rate, and
deferred payment second mortgage loan which shall be forgiven at the end of
the 15 year period if all conditions have been met. The County will take a
third position if FHFC funds are used in addition to SHIP or at the. Monthly
payments are not required.
Repayment of the loan is required in full when one of the following conditions
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is met, whichever occurs first:
1. Sale; if proceeds are not sufficient to pay off the mortgage note then
the homeowner may contact the County regarding a settlement amount
of the SHIP loan
2. Title transfer, either voluntarily or by operation of law, divested of
title by judicial sale, levy or other proceedings, including foreclosure
or Deed in Lieu.
3. Refinance; a refinance of the first mortgage may be approved without
repayment if the request is submitted in writing and the refinance is at
a lower fixed rate with no cash out in accordance with the
"Subordination Policy ".
4. Home is no longer primary residence, or is leased or rented. In the
event that all mortgage holders are deceased, the loan will be forgiven.
The County reserves the right to foreclose if the homeowner does not repay
the loan as noted above.
The County has determined the following terms and provisions for program
income versus recaptured funds:
All funds are deposited into the Local Housing Trust Fund and reported as
Program Income or Recaptured Funds in the State Fiscal Year they are
received as appropriate for Annual Reporting purposes.
f) Recipient Selection Criteria:
An applicant may submit a completed application for Housing Assistance to
the County for a determination of eligibility at any time. Applicants are
required to provide all documentation requested for income, eligibility, and
qualification determination. Applications are processed on a -first qualified
(income and lender approved), first served basis by income category. Funds
will be reserved and awarded to applicants that have met all of the County
requirements, are SHIP Income Certified and have a mortgage loan approval
from a participating Lender.
In the event there are more applications than can be processed due to lack of
funding, a waiting list will be maintained. Applications will be sorted by
income category; very low, low or moderate. Applicants will be placed on the
appropriate income category list in numerical order. As funding becomes
available for a specific income category, the applicant with the lowest number
within that category will be contacted and processed.
Applicants must complete a county approved Homeowner Education Program
and provide a copy of the certificate to the Department. The Certificate must
be dated within one year of County application date.
Persons that qualify for SHIP assistance will be required to contractually
agree to all SHIP program guidelines, County SHIP mortgage requirements,
repayment provisions, and certify that the unit assisted will be their primary
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residence.
g) Sponsor Selection Criteria: Not Applicable.
h) Additional Information:
i. Units assisted must be within Collier County.
ii. Mobile or manufactured homes are not a category of eligible
housing for the County.
iii. Completion of the Homebuyer Education Program is mandatory
prior to closing.
iv. First mortgage must be at a fixed rate; no ABM's, prepayment
penalty, negative amortizations, balloon loan, owner financing or
other non - affordable loan terms are allowed.
v. Financial Institutions must be approved by the County in order to
participate in the SHIP Program.
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B. Disaster Relief Grant Assistance
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Code 5
a.) Summary of the Strategy:
The Disaster Strategy provides assistance to households following a disaster
as declared by the President of the United States or Governor of the State of
Florida. This strategy will only be implemented in the event of a disaster using
any funds that have not yet been encumbered or additional disaster funds
issued by Florida Housing Finance Corporation. SHIP disaster funds may be
used for items such as, but not limited to:
• Tree and debris removal to make individual housing units habitable;
• Interim repairs to avoid further damage to home;
• Emergency supplies to weather proof damaged home;
• Building permits;
• Post disaster assistance with non - insured repairs;
• Insurance deductibles;
• Expenses to prevent flooding of home such as sand bags, sand, pump,
rental, etc.; and
• Construction of wells or repair of existing wells where public water is
not available.
b.) Fiscal Years Covered: 2013 - 14.2014 -15, 2015 -16
c.) Income Categories to be served: Very low, low and moderate- income
households and persons with special needs as defined in Florida Administrative
Code, 67- 37.002 Definitions (2 1) Persons Who Have Special Housing Needs.
d.) Maximum Award: The maximum award amount is $5.000 ner household.
Specific award information is located in the Housing Delivery Goals Charts at
Exhibit C.
e.) Terms. Recapture and Default:
All SHIP funds provided to eligible households will be in the form of a grant
and not subject to recapture. Persons that qualify for SHIP assistance will be
required to sign a grant agreement, contractually agreeing to all SHIP program
guidelines.
Applicants will be required to complete an application for Housing Assistance
and provide documentation as required for income certification. If authorized
by Florida Housing Finance Corporation, the County will utilize the
Corporation's DISASTER SELF - CERTIFICATION OF INCOME FORM.
f.) Recipient Selection Criteria:
The household assisted must be certified as very low, low or moderate - income
and located in Collier County.
g.) Completed applications from affected homeowners will be accepted on a first
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received, first served basis by income category and processed expediently.
h.) Applicants are required to provide all documentation requested for income and
eligibility determination.
L) The unit assisted must be owner- occupied and homesteaded as the primary
residence.
j.) Sponsor Selection Criteria: Not applicable
k.) Additional Information:
SHIP funds at all times must be used for eligible applicants and eligible
housing.
SHIP disaster funds may not be used for the purchase or rehabilitation of
mobile homes unless authorized within the Executive Order.
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Adoption Date: April 23, 2013
Revision Date: April 8, 2014
Revision Date: June 21, 2015
C. Name of the Strategy: Owner - Occupied Rehabilitation Code 3
a) Summary of the Strategy: The program is designed to assist income
eligible homeowners that own and occupy their home by providing SHIP
funds to assist with necessary repairs to correct code violations or
emergency repairs that impact their health, safety and welfare. The home
must be suitable for rehabilitation and located within the unincorporated
and incorporated areas of Collier County. Loans for assistance may
include costs related to all eligible repairs, inspections, work write -ups,
and closing costs.
b) Fiscal Years Covered: 2013/14; 2014/15; 2015/16.
C) Income Categories to be served: Applicants assisted must be income
certified as very low, low and moderate income which includes Persons
with Special Needs as defined in Florida Administrative Code, 67- 37.002
Definitions (2 1) Persons Who Have Special Housing Needs.
d) Maximum award: Maximum award of up to $30,000.
e) Terms of the award; Recapture and Default: Funds will be secured
with a recorded fifteen (15) year, 0% interest, deferred subordinate
mortgage on the property in the amount of the subsidy used in the project.
If all conditions of the loan are met, one -third of the loan will be forgiven
in five year increments so that at the end of the fifteenth year the loan is
forgiven. Monthly payments are not required.
Repayment of the loan is required in full when one of the following
conditions is met, whichever occurs first:
1. Sale; if proceeds are not sufficient to pay off the mortgage note then the
homeowner may contact the County regarding a settlement amount of the
SHIP loan that is outlined in the County's "Short Sale Policy".
2. Title transfer, either voluntarily or by operation of law, divested of title by
judicial sale, levy or other proceedings, including foreclosure or Deed in
Lieu.
3. Refinance; a refinance of the first mortgage may be approved without
repayment if the request is submitted in writing and the refinance is at a
lower fixed rate with no cash out in accordance with the "Subordination
Policy ".
12
Packet Page -1519-
EM
12/8/2015 16.D.22.
Adoption Date: April 23, 2013
Revision Date: April 8, 2014
Revision Date: June 23, 2015
4. Home is no longer primary residence, abandoned, leased or rented. In the
event that all mortgage holders are deceased, the loan will be forgiven.
5. The County reserves the right to foreclose if the homeowner does not
repay the loan as noted above.
All funds are deposited into the Local Housing Trust Fund and reported as
Program Income or Recaptured Funds in the State Fiscal Year they are
received as appropriate for Annual Reporting purposes.
E) Recipient Selection Criteria: An applicant may submit a completed
application for SHIP Owner - Occupied Rehabilitation to the
County /Sponsor for a determination of eligibility at any time. Applicants
are required to provide all documentation requested for income, eligibility
and qualification determination. Applications are processed on a , first
qualified, first served by income category basis. Applicants will receive a
pre - approval letter and their file will be submitted to the Sponsor for unit
eligibility.
Persons that qualify for SHIP assistance will be required to contractually
agree to all SHIP program guidelines, County SHIP mortgage
requirements, repayment provisions, and certify that the unit assisted will
be their primary residence.
g.) Sponsor Selection Criteria and duties, if applicable: The County
will issue a Request for Proposals requesting applications for Construction
Management services from non - profit organizations.
Organization to provide the Application intake and certification of
households applying for Owner Occupied Rehabilitation.
1.) Organizations must submit the proposal as outlined in the RFP and
initially provide information including, but not limited to, application intake
process, income certification; contractor and bid process or prior
rehabilitation and/or income certification experience with references.
Additional information will be obtain such as resumes, construction
oversight, construction agreements, accounting and financial information for
project tracking and payment, organization experience, audit reports, financial
statements, and income documentation for evaluation of sponsor eligibility.
13
Packet Page -1520-
12/8/2015 16.D.22.
Adoption Date: April 23, 2013
Revision Date: April B, 2014
Revision Date: June 23, 2015
H. Additional Information: Mobile or manufactured homes are not a
category of eligible housing for the County at this time.
14
Packet Page -1521-
12/8/2015 16.D.22.
Adoption Date: April 23, 2013
Revision Date: April 8, 2014
Revision Date: June 23, 2015
D. Name of the Strategy: Rental Rehabilitation Code 14
a.) Summary of the Strategy The program is designed to rehabilitate rental units
within Collier County. The rental units will serve very -low low and moderate
income households with a Dreference for applicants with Special Housing
Needs as defined ins 420.0004. Florida Statutes
Loans will be given to non profit /for - profit housing providers who have site
control and ownership of the Drolerties to rehabilitate existing single family
rental units on scattered sites or a rental complex located in Collier County.
Assistance may be provided for large projects involving the repair of multiQle
rental units Individual tenants seeking repairs on their individual rental units
may not directly apply for assistance from this strategy. The SHIP funds used
in the rehabilitation rental 1rogram mgy be leveraged by public and private
sources.
b.) Fiscal Years Covered: 2013 -14, 2014 -15, and 2015 -16.
c.) Income Categories to be served: Provide housing to very -low, low and
moderate income households on a first qualified first served basis.
d.) Maximum award Maximum rehabilitation loan to non - profit/ for -profit
provider shall not exceed $500,000. Maximum per unit award amount is
$30,000.
e.) Terms of Repayment: Funds will be made available by loans secured by a
second mortgage placed on the property rehabilitated Loans will be given for a
maximum term of fifteen (15) years at 0 % interest Repayment of the loan is
required in full when one of the following conditions is met whichever occurs
first:
I.-Sale, ifproceeds are not sufficient to pay off the mortgage note then the
property owner(not for-12rofit or for profit) may contact the County
regarding a settlement amount of the SHIP loan.
2 Title transfer either voluntarily or by operation of law, divested of title
by judicial sale levy or other proceedings including foreclosure or Deed
in Lieu.
3 Refinance; a refinance of the first mortgage may be approved without
repayment if the request is submitted in writing and the refinance is at a
lower fixed rate with no cash out in accordance with the "Subordination
Policy".
4 Property will no longer serve the intended target population.
15
Packet Page -1522-
12/8/2015 16.D.22.
Adoption Date: April 23, 2013
Revision Date: April B, 2014
Revision Date: June 23, 2015
Repaid funds are considered program income, a portion of which may be used
for program administration.
Units will be monitored for a period of fifteen (15) years per Rule Chapter 67-
37 of the Administrative Code. Resale and First Right of Refusal for
Affordable Housing will be given to Eligible Sponsors as noted in Section
420.9075(4)(f) Florida Statutes.
f.) Recipient Selection Criteria: Non-profit/for-profit providers will be required to
income qualify all tenants in accordance with SHIP regulations. Prio[Lt.Y for
projects will be even to those who serve Special Needs as defined by s.420.0004,
Florida Statutes.
g.) Sponsor Selection Criteria: Non - profit / for profit housing_ providers will be
evaluated competitively using established evaluation and selection criteria.
CHS staff will evaluate each application submitted. In the initial phase staff
will review the application for general conformance with the submission
requirements. The evaluation phase will consist of an in -depth review of the
following:
• Compliance with SHIP regulations
• Project risk analysis
• Financial risk analysis
• Capacity _and experience
• Project feasibility
• Adherence to SHIP eligibilities/requirements
• Past performance evaluation
h.) Additional Information: Once the improvements are completed, the
developer /sponsor shall ensure all eligible tenants will be income qualified that
must occupy the units on subject l2roReM during the fifteen year loan term.
M.
Packet Page -1523-
c
12/8/2015 16.D.22.
Adoption Date: April 23, 2013
Revision Date: April 8, 2014
Revision Date: June 23, 2015
E Name of the Strategy: Rental Acquisition Code 20
a.) Summary of the Strategy: The program is designed to acquire and rehabilitate
or acquire and construct rental units within Collier County. The rental units will
serve very -low, low and moderate income households with a preference for
gpplicants with Special Housing Needs as defined in s.420.0004, Florida
Statutes.
Loans will be given to non - profit /for - profit housing_ providers to acquire and
rehabilitate existing single family rental units on scattered sites or a rental
complex located in Collier County. The SHIP funds used in the acquisition
and /or rehabilitation rental program may be leveraged by public and
private sources.
b.) Fiscal Years Covered: 2013 -14, 2014 -15, and 2015 -16.
c.) Income Categories to be served: Provide housing to very -low, low and
moderate income households on a first qualified, first served basis.
d.) Maximum award: Funds to rehabilitate shall not exceed $30,000 per unit..
Maximum acquisition loan to non - profit/ for - profit provider shall not exceed
$300,000 per rental property
e.) Terms of Repayment Acquisition funds will be secured with a recorded fifteen
(15) year, zero interest, deferred subordinate mortgage on the property in the
amount of the subsidy used in the project If all conditions of the loan are met at
the end of the fifteenth year the loan is forgiven. Monthly payments are not
required Acquisition loans will be required to be repaid under the following
conditions:
1 Sale, proceeds are not sufficient to pay off the mortgage note
then the property owner(not- for - profit or for profit) may contact
the County yregarding a settlement amount of the SHIP loan .
2 Title transfer either voluntarily or by operation of law, divested
of title by judicial sale levy or other proceedings, including
foreclosure or Deed in Lieu..
3 Refinance; a refinance of the first mortgage may be approved
without repayment if the request is submitted in writing and the
refinance is at a lower fixed rate with no cash out in accordance
with the "Subordination Policy
4 Property will no longer serve the intended target population.
17
Packet Page -1524- ,.:�
12/8/2015 16.D.22.
Adoption Date: April 23, 2013
Revision Date: April 8, 2014
Revision Date: June 23, 2015
Repaid funds are considered program income, a portion of which may be used for
program administration.
Units will be monitored for a period of fifteen (15) years per Rule Chapter 67 -37
of the Administrative Code. Resale and First Right of Refusal for Affordable
Housing will be given to Eligible Sponsors as noted in Section 420.9075(4)(f)
Florida Statutes.
f.) Recipient Selection Criteria: As part of leasing up the renovated units, non -
profit/for- profit providers will be required to income qualify all tenants in
accordance with SHIP regulations. Priority will be given to those tenant
applicants who meet the special needs criteria and are income eli ig_ble.
g.) Sponsor Selection Criteria: A non - profit / for profit housing_ provider will be
evaluated competitively using established evaluation and selection criteria.
CHS staff will evaluate each application submitted. In the initial phase staff
will review the application for general conformance with the submission
requirements. The evaluation phase will consist of an in -depth review of the
following:
• Compliance with SHIP regulations
• Project risk analysis
• Financial risk analysis
•
Cayacijy and experience
• Project feasibility
• Adherence to SHIP eligibilities /requirements
• Past performance evaluation
h.) Additional Information: Once the improvements are completed, the
developer /sponsor shall ensure all eligible tenants will be income qualified that
must occupy the units on subject proRM during the fifteen year long term.
18
Packet Page -1525- CS" i
12/8/2015 16.D.22.
Adoption Date: April 23, 2013
Revision Date: April 8, 2014
Revision Date: June 23, 2015
II1. LHAP INCENTIVE STRATEGIES:
In addition to Strategy A and Strategy B, include all adopted incentives with the policies
and procedures used daily for implementation as provided in Section 420.9076, F.S.:
Name of the Strategy: Expedited Permitting
Collier County will expedite permits as defined in Sec. 163.3164(7) and (8), F.S. for
affordable housing projects to a greater degree than other projects. Affordable
housing projects will be identified as those projects assisted with state or federal
housing funds.
a. Provide a description of the procedures used to implement this strategy:
Collier County Board of County Commissioners adopted Resolution No.2007 -176
on July 24, 2007, superseding and replacing Resolution 2005 -408, amending the
procedures for expediting the development review process for qualified
affordable - workforce housing including community workforce housing
innovation program (CWHIP) projects.
Initially, a qualification meeting is called with the developer and staff to
determine if the project meets the affordable housing requirements. Those
projects that demonstrate compliance will be issued a certificate to allow
the expedited review process for all development orders. Planning and Zoning
will provide expedited status by assisting these developments first throughout the
process from application through Certificate of Occupancy.
In. 2010 -2011, Collier County" refined the building permit process and
performance measures were developed to facilitate the expedited performance and
allow the county to closely monitor its performance and adherence to this policy.
The current building permit process is 5, 10, 15 days, however single family
permits that are using state or federal funding will be moved to the top of the
permit process queue.
Name of the Strategy: Ongoing Review Process
Collier. County requires all items which have the potential to increase the cost of
housing to be prepared and presented to the Collier County Board of County
Commissioners with the amount of the increase or decrease mentioned in the
executive. summary.
L) Provide a description of the procedures used to implement this strategy
The process, by which items are prepared for the BCC Agenda includes a vast
approval hierarchy to ensure that all proposed actions impacting affordable
housing are reviewed on an ongoing basis. Furthermore, the Collier County
19
Packet Page -1526 -
12/8/2015 16.D.22.
Adoption Date: April 23, 2013
Revision Date: April 8, 2014
Revision Date: June 23, 2015
Affordable Housing Advisory Committee regularly forms subcommittees to
review impediments to affordable housing, as well as new affordable housing
incentives.
Name of the Strategy: Increased Density for Affordable Housing
Collier County allows developers to request increased density when including a
certain percentage of affordable housing in the proposed development.
j.) Provide a description of the procedures used to implement this strategy.
An Affordable Housing Density Bonus Agreement must be submitted and
approved by the Collier County Board of County Commissioners as provided for
in the Collier County Land Development Code, ss. 2.06.00.
Name of the Strategy: Inventory of Locally Owned Public Lands Suitable for Affordable
Housing.
a. Provide a description of the procedures used to implement this strategy:
Collier County prepares an inventory of all real property owned by Collier County
that may be appropriate for use as affordable housing in accordance with Sec.
125.379 F.S. every three years.
Collier County Resolution No. 2007 -172, adopted June 26, 2007, permits
properties identified as appropriate for use as affordable housing may be offered
for sale and the proceeds used to purchase land for the development of affordable
housing or to increase the local government fund earmarked for affordable
housing, or may be sold with a restriction that requires the development of the
property as permanent affordable housing, or may be donated to a nonprofit
housing organization for the construction of permanent affordable housing.
20
Packet Page -1527-
C :�
12/812015 16.D.22.
Adoption Date: April 23, 2013
Revision Date: April B, 2014
Revision Date: June 23, 2015
IV. EXHIBITS:
A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A.
B. Timeline for Encumbrance and Expenditure: Chapter 67- 37.005, F.A.C. A
separate timeline for each fiscal year covered in this plan is attached as Exhibit B.
Program funds will be encumbered by June 30 one year following the end of the
applicable state fiscal year. Program funds will be fully expended within 24
months of the end of the applicable State fiscal year.
C. Housing Delivery Goals Chart (HDGQ For Each Fiscal Year Covered in the
Plan: Completed HDGC for each fiscal year is attached as Exhibit C.
D. Certification Page: Signed Certification is attached as Exhibit D.
E. Adopting Resolution: Original signed, dated, witnessed or attested adopting
resolution is attached as Exhibit E.
F. Program Information Sheet: Completed program information sheet is attached as
Exhibit F.
G. Ordinance: If changed from the original ordinance, a copy is attached as Exhibit
G.
H. Interlocal Agreement: A copy of the Interlocal Agreement if applicable is attached
as Exhibit H.
21
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LHAP Exhibit D 2013
67- 37.005(1), F.A.C.
CERTIFICATION TO
FLORIDA HOUSING FINANCE CORPORATION
Name of Local Government: Collier County
(1) The local govenunent will advertise the availability of SHIP funds, if available, pursuant to
Florida Statutes.
(2) All SHIP funds will be expended in a manner which will insure that there will be no
discrimination on the basis of race, creed, religion, color, age, sex, familial or marital
status, handicap, or national origin.
(3) A process for selection of recipients for funds has been developed.
(4) The eligible municipality or county has developed a qualification system for applications for
assistance.
(5) Recipients of funds will be required to contractually commit to program guidelines.
(6) The Florida Housing Finance Corporation will be notified promptly if, at any time, the local
government (or interlocal entity) will be unable to comply with the provisions the plan.
(7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24
months following the end of the State fiscal year in which they are received.
(8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the
Local Government Comprehensive Plan will be initiated at the next available opportunity to
insure conformance with the Local Housing Assistance Plan.
(9) Amendments and Technical Revisions to the approved Local Housing Assistance Plan shall be
provided to the Corporation within 21 days after adoption.
(10) The trust fund shall be established with a qualified depository for all SHIP funds as well
as moneys generated from activities as program income.
(11) Amounts on deposit in the local housing assistance trust Rind shall be invested as permitted by
law.
(12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the
local governments audited financial statements, copies of the audits will be forwarded to the
Corporation by June 30 of each calendar year.
29
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LHAP Exhibit D 2013
67- 37.005(1), F.A.C.
(13) An interlocal entity shall have its local housing assistance trust fund separately audited for each
state fiscal year, and the audit forwarded to the Corporation by June 30.
(14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies.
(15) Developers receiving assistance from both SHIP and the Low Income Housing Tax
Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC
requirements. Similarly, any units receiving assistance from other federal programs shall comply
with all Federal and SHIP program requirements.
(16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment
loans or loans that extend beyond 30 years which continue to service eligible persons.
(17) Rental units constructed or rehabilitated with SHIP funds shall be monitored annually for 15
years for compliance with tenant income requirements and affordability requirements or as
required in Section 420.9075 (3)(e), Florida Statutes.
(18) The Plan meets the requirements of Sections 420.907 - 420.9079 Florida Statutes, and Chapter
67 -37 FAC, and how each of those requirements shall be met.
(l 9) The provisions of Chapter 83 -220, Laws of Florida have not been implemented,
(except for Hiand Dade County)
A'I "fEST:. BOARD OF COUNTY COMMISSIONERS
DWIGHT I. BROCK, CLERK. OF COLLIER ,COUNT FLORIDA
At 8t 1s t0 -,illi1t a .PUTY C 1 �
Si c naWte only, C
pproval as to form and legal Sufficiency:
Jennifer B. White
Assistant County Attorney
F)
tO A HILLER, ESQ.
1RWOMAN
30
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RESOLUTION No. 2015-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING THE LOCAL HOUSING ASSISTANCE
PLAN FOR FISCAL YEARS 2013 -2014, 2014 -2015 AND
2015 -2016, AS REQUIRED BY THE STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM;
ADDING TWO NEW RENTAL AND RENTAL
ACQUISITION STRATEGIES AND UPDATING THE
PURCHASE ASSISTANCE STRATEGY.
WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing
Act on July 7, 1992 , Chapter 92 -317 of Florida Sessions Laws, allocating a portion of
documentary stamp taxes on deeds to local governments for the development and maintenance of
affordable housing; and
WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, Subsections 420.907-
420.9079, Florida Statutes, and Chapter 67 -37, Florida Administrative Code, requires local
governments to develop a one- to three -year Local Housing Assistance Plan outlining how funds
will be used; and
WHEREAS, the SHIP Act requires local governments to amend their Local Housing
Assistance Plan when an addition or deletion of a local housing assistance strategy or local
housing incentive strategy is made; and
WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, Subsections 420.907-
420.9079, Florida Statutes (1992), and Chapter 67 -37, Florida Administrative Code, requires
local governments to forward amendments to their Local Housing Assistance Plans to the Florida
Housing Finance Corporation for review; and
WHEREAS, the Community and Human Services Division has prepared and amended
2013 -2016 Local Housing Assistance Plan for submission to the Florida Housing Finance
Corporation; and
WHEREAS, the Board of County Commissioners finds that it is in the best interest of
the citizens of Collier County for it to submit the Local Housing Assistance Plan for review and
approval so as to qualify for said documentary stamp tax funds with administrative costs paid
from moneys deposited into the local housing assistance trust fund.
31
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
Section l: The Housing Delivery Goals Chart of the 2013 -2016 LHAP has been updated to
reflect the new strategies and changes to current strategies.
Section 2: The addition of two new Rental Rehabilitation and Rental Acquisition Program
strategies.
Section 3: Update to Purchase Assistance Strategy to amend the purchase assistance to
increase funding up to $50,000.00 depending on income level.
Section 4: This resolution shall take effect immediately upon its adoption.
This Resolution adopted this day of 2015, after motion
second and majority in favor of passage.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
, DEPUTY CLERK
Approval for form and legal sufficiency:
Jennifer A. Belpedio
Assistant County Attorney
By:
TIM NANCE, CHAIRMAN
32
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M3
Rf,'
12/8/2015 16.D.22.
LHAP Exhibit F 2013
67- 37.005(1), F.A.C.
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
PROGRAM INFORMATION SHEET
The following information must be furnished to the Corporation before any funds can be disbursed.
Local Government
Collier County Government
Chief Elected Official
Chairman, Tim Nance
Address
3299 Tamiami Trail East, Naples, Florida 34112
SHIP Administrator
Kristi Sonntag, Manager Federal /State Grants
Address
3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112
Telephone
239- 252 -2486
EMAIL
KristiSonntag(&collier og v.net
Alternate SHIP Contact
Raynesha Hudnell, Grant Coordinator
Telephone
239- 252 -5312
EMAIL
RayneshaHudnelKDcollier og v.net
Interlocal Agreement (list other local
governments in interlocal)
City of Naples
Local Government Employer Federal ID #
85- 8015966531C -1
Disbursement (list bank account
information if changed from previous)
Other Information
Kimberley Grant, Director
KimberleyGrant(&Collieraov.net
22
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Exhibit G
ORDINANCE NO. 2013 - 277
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE COLLIER
COUNTY SHIP LOCAL HOUSING ASSISTANCE PROGRAM
ORDINANCE; PROVIDING FOR TITLE AND CITATION; PROVIDING
FOR DEFINITIONS; PROVIDING FOR ESTABLISHMENT OF THE
LOCAL HOUSING ASSISTANCE PROGRAM; PROVIDING FOR
ESTABLISHMENT OF A LOCAL HOUSING ASSISTANCE TRUST
FUND; PROVIDING FOR DESIGNATION OF RESPONSIBILITY FOR
IMPLEMENTATION; PROVIDING FOR ESTABLISHMENT OF AN
AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING
FOR REPEAL OF ORDINANCE NO. 93 -19, AS AMENDED;
PROVIDING FOR THE REPEAL OF ORDINANCE NO. 91 -65, AS
AMENDED; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 1992, the Legislature of the State of Florida approved t ac&ski
r T
Affordable Housing Act creating the State Housing Initiatives Partnership ( "SHIP" �'sogr4 foT 1
A �0
the specific purpose of supporting and expanding the availability of affordable housiderestmrcer--
within the State; and
r
WHEREAS, the Collier County Board of County Commissioners (Bog a �t
E5:::,
Ordinance No. 93 -19 on April 13, 1993, creating a local housing assistanco>ffist`'Rind,
establishing a local housing assistance program, designating responsibility for the program, and
creating an Affordable Housing Advisory Committee; and
WHEREAS, on July 23, 1991, the Board of County Commissioners adopted Ordinance
No. 91 -65, establishing the Collier County Affordable Housing Commission (now known as the
Affordable Housing Advisory Committee), which Ordinance was subsequently amended by
Ordinance Nos. 04 -77, 05 -69, 08 -17, and 09 -50; and
WHEREAS, the Board has determined that it is in the best interest of the County to
repeal Ordinance No. 93 -19, as amended, and Ordinance No. 91 -65, as amended, in order to
adopt a single consolidated Ordinance to comply with the requirements set forth in Florida
Statutes, Sections 920.907- 920.9070 and Chapter 67 -37, Florida Administrative Code.
2411 Collier County SHIP Local Housing Assistancc Program Ordinance
Packet Page -1541-
12/8/2015 16.D.22.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title and Citation.
This Ordinance shall be known and cited as the "Collier County SHIP Local Housing
Assistance Program Ordinance ".
SECTION TWO: Definitions.
For the purposes of this Ordinance, the definitions contained in Florida Statutes, Chapter
420.9071 and Rule 67- 37.002, Florida Administrative Code, as they may be amended or replaced
from time to time, are adopted herein by reference.
SECTION THREE: Establishment of the Local Housing Assistance Program.
The Local Housing Assistance Program is hereby created and established to implement
the requirements of Florida Statutes, Section 420,907 and Rule 67 -37, Florida ,Administrative
Code, adopted herein by reference, as they may be amended or replaced from time to time.
The County shall implement tine program within the unincorporated boundaries of Collier
County and may enter into an interlocal agreement with municipalities. The strategies of the
program will be set forth in the County's SHIP local housing assistance plan.
SECTION FOUR: Establishment of a Local Housing Assistance Trust Fund.
Pursuant to the requirements Section 420.907 Florida Statutes, the County hereby
reaffirms establishment of a Local Housing Assistance Trust Fund within the official and fiscal
accounting office of the County as originally established on April 13, 1993, by Ordinance No.
93 -19, The County's local housing assistance trust fund shall be separately stated as a special
revenue fund in the county's audited financial statements. Copies of such audited financial
statements shall be forwarded to the Florida Housing Finance Agency.
All moneys received from the state pursuant to the State Housing Initiative Partnership
(SHIP] Program and any other funds received or budgeted to provide funding for the Local
Housing Assistance Program shall be deposited into the Collier County Local Housing
Assistance Trust Fund.
2011 Collier County SKIP Local liousing Assistance Program Ordinance
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SECTION FIVE: Designation of responsibility for implementation.
The Director of the County's Department of Housing, Human and Veterans Services shall
be primarily responsible for implementation and administration of the local housing assistance
program.
SECTION SIX: Establishment of an Affordable Housing Advisory Committee.
The Affordable Housing Advisory Committee is created and established in accordance
with Florida Statutes, Section 420.9076 and County Ordinance No. 01 -55, Standards for The
Creation and Review of Boards. In the event of a conflict, the provisions of Florida Statutes,
Section 420.9076 shall apply.
Duties of the advisory committee are provided in Florida Statutes, Section
420.9076(2)(a) - (k) adopted herein by reference, as they may be amended or replaced from time
to time.
Appointments to the Affordable Housing Advisory Committee will be made in
accordance with the membership requirements of Florida Statutes, Section 420.9076, including
joint appointments to prepare a joint plan when a participating municipality enters into an
interlocal agreement to administer its program.
The committee shall consist of eleven (11) members as required by Florida Statutes
420.9076 (2)(a) -(k), appointed by Resolution of the Board of County Commissioners no Iater
than March 2, prior to the year the Local Housing Assistance Plan is due. The term of service
shall be for three (3) years or at the discretion of the Board, Terms may be extended for one
additional three (3) year term.
Six (6) members shall constitute a quorum sufficient to permit the conunittee to take any
formal action. However, if formal action is not taken, the committee may meet to hear
presentations with less than a quorum in attendance, if the meeting is duly noticed.
A majority of concurring votes of the entire membership of the committee shall be
necessary for a decision or recommendation by the committee.
The committee may elect a chairperson or presiding officer.
The committee members serving immediately prior to this Ordinance's adoption shall
fulfill the remainder of their appointed terms.
2013 Collier Counly SHU' Local Housing Assistance Ptogram Ordinance
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12/8/2015 16.D.22.
The committee shall meet at least triennially and submit a report to the local governing
body that includes recommendations on, and triennially thereafter evaluates the implementation
of, affordable housing incentives as required by Florida Statutes, Section 420.9076(4)(a) - (k).
The Board of County Commissioners may sunset or suspend meetings of the committee
upon submission of the triennial Incentive Report and reconvene no later than March 2 of the
year the Incentive Report is due. The committee will be cooperatively staffed by Housing,
Human and Veterans Services Department and Planning and Zoning Department staff in
accordance with Florida Statutes, Section 420.9076(9).
SECTION SEVEN: Repeal of Ordinance No. 93 -19, as amended.
Ordinance No, 93 -19, pertaining to the Collier County Housing Initiatives Partnership
Program, and all amendments thereto, is hereby repealed in its entirety.
SECTION EIGHT: Repeal of Ordinance No. 91 -65, as amended.
Ordinance No. 91-65, pertaining to the Affordable Housing Committee, and all
amendments thereto, is hereby repealed in its entirety,
SECTION NINE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or
re- lettered to accomplish such, and that the word 'ordinance" may be changed to "section,"
"article," or other appropriate word or phrase necessary to accomplish such intentions.
SECTION TEN: Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or
other applicable law, deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion.
SECTION ELEVEN: Effective date,
This Ordinance shall become effective thirty (30) days after its adoption by the Board
of County Commissioners.
2013 Collier County SNIP Local t to using Ass istancc Program Ordinance
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this CI } hday of , 2013.
ATTEST:.
DWIG . ,AiI5 WCK, CLERK
Y�
N ; ,w puty Clerk
sighare only... �fl
r .: � 7
Approved''�s�to'orm kh
and legal s' u' tc4ency:
Jen f�er B. White
Assistant County Attorney
3`
BOARD OF COUNTY COMMISSIONERS
COLMIZ COU�TY, FLORIDA
Georgia A. Hiller, Esq.
Chairwoman
This ordinance filed with the
C; etary of NeM'ffi ethe
day i�
and acknawledget++�at
filifto teSaived tilt aY
2013 Collier County Sl{1P l."al Housing Assistance Program Ordinance
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2013 -27
12/8/2015 16.D.22.
which was adopted by the Board of County Commissioners
on the 9th day of April, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 15th
day of April, 2013.
DWIGHT E. BROCK i
Clerk of Courts-and Clerk
Ex- officio to Si0A�i, of ,
County Commissioriet.s,;
Y .y C
allti
�
�.
By: Ann nejohn,
Deputy Clerk
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160
COLLIER COUNTY /CITY OR NAPLES
INTERLOCAL AGREEMENT
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM
THIS INTERLOCAL AGREEMENT (the "Agreement ") made and entered into this
d3' °�
day of i , 2013, by and between Collier County, a political subdivision of
the Slate of Florida, acting by and through its Board of County Commissioners, and the City of
Naples, a municipal corporation created and existing under the laws of the State of Florida,
acting by and through its City Council.
WITNESSETH:
WHEREAS, Section 420.9072, ci seq.. Florida Statutes (the "State Housing
Initiatives Partnership Program" ( "SHIP "), authorizes monies in the local Government
Housing Trust Fund (the "Fund ") to be distributed to approved counties and eligible
municipalities within the county pursuant to an Interlocal Agreement; and
WHEREAS, Collier County is an approved county and the City of Naples is an
eligible municipality within Collier County; and
WHEREAS, the parties desire to jointly utilize SHIP allocations pursuant to this
Agreement; and
WHEREAS, the parties have determined that SHIP funds can be more efficiently
utilized and managed when the parties work cooperatively to address the conununity's
affordable housing needs,
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the
parties agree as follows:
I. The County and City do hereby agree that the SHIP Program funds as allocated
in Section 420,9073, Florida Statutes, are to be distributed to Collier County to administer in
confbrmity with the mutually approved Local Housing Assistance Plan.
INSTR 4832229 OR 4914 PG 1913
RECORDED 5/4/2013 1:05 PM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $35.50
A^
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511
Cq
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2. Unless earlier terminated pursuant to other provisions of this Interlocal
Agreement, the term of this Agreement shall run concurrent with the three -year Local Housing
Assistance Plan (the "LHAP ") which expires June 30, 2016 and will be automatically renewed
with adoption of subsequent LHAPs.
3. The County and City direct the Florida Housing Finance Corporation (the
"Corporation ") to distribute and allocate the SHIP Program funds in accordance with this
Agreement and authorize the Corporation to rely on their stated intent and their authority to
execute this Agreement.
4. The SHIP Program funds so distributed will be deposited in a single depository
trust fund account created and managed by Collier County, Finance Division of the Office of the
Clerk of the Circuit Court. This account shall be known as the Collier County Local Housing
Trust Fund (hereinafter referred to as "Local Fund "), to which SHIP funds are distributed by the
Corporation. The Corporation will be notified of any change in the Local Fund status and the
parties agree to have such Local Fund audited annually as required by Chapter 420, Florida
Statutes and Chapter 67 -37, Florida Administrative Code, Since all distributions from the Local
Fund shall be processed by Collier County, parties hereto agree that the Comprehensive Single
Entity Audit of the accounts and records of the County with respect to SHIP revenues and
expenditures shall constitute the audit for the Interlocal Entity as described in the SHIP
Regulations. The parties hereto agree that the Local Fund may be allocated a pro -rata cost of the
independent audit by the County.
5. During the term of this Agreement, both parties agree that they will not do
anything to jeopardize the other party's right to receive its allocation from the Local Fund,
6. Membership to the Affordable Housing Advisory Committee shall be jointly
appointed by Resolution of both the County and City to triennially prepare a joint Local
Housing Incentive Plan as required by Chapter 420.9076, Florida Statutes,
7. The parties to this Agreement have adopted incentives from the Affordable
Housing Incentive Plan as prepared and submitted by the joint Affordable Housing Advisory
Committee, amending the Local Housing Assistance Plan accordingly, Both parties understand
that Chapter 420, Florida Statutes requires continuing monitoring and implementation of the
Affordable Housing Incentive Plan for the purpose of enhancing and providing affordable
2
NO
A 1
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16D
housing and agree to cooperate in ensuring that the requirements and spirit ol'the Chapter 420,
Florida Statutes is satisfied.
8. Neither party shall use any revenues distributed and allocated for puq)oses other
than those authorized by Section 420.907 et seq., Florida Statutes, or Chapter 67 -37, Florida
Administrative Code,
9. During the term of this Agreement, any party may give the other party ninety
(90) days written notice that it wishes to renegotiate the terms of this Agreement, to be effective
on the first day of the next fiscal year. If the parties fail to reach a new agreement prior to the
commencement of the next fiscal year, this Agreement shall terminate and be of no further force
or effect, and the funds shall he allocated according to population pursuant to Section 420.9072
and Section 420.9073, Florida Statutes.
10. If either party shall cease to be eligible for allocation and distribution, such
party's allocation of the funds shall remain in the Local Fund to be used by the Corporation.
Both parties acknowledge the SHIP enabling legislation, the rules promulgated to implement
same, and that the Chapter 420, Florida Statutes and Chapter 67 -37, Florida Administrative
Code are incorporated herein as if they were restated.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officials.
op
51 r .? .%R`: BOARD OF C LINTY CO MISSION6RS
+rWIr{ F?,;' 'CR,CLERK Off' C LIER CO TY LORIDA
�►; By.
, gcjnttfClcrk
signatiit', -fniY.
Approved as to form and
legal sufficiency;
Mini er 13. White
Assistant County Attorney 1�> >i
3
Okr &k Hiller, Esq.
Ch'hiiffwuman p4/ /�3�jp /3
A�
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51 _.
C;lc r:
A'17EST:
tt'�ci t>jts'os � a
Approved as fo form and
legal sufficiency:
� 4 � - -D, 0
Robert D. Pritt, City Attorney
CITY OF NAPLES, a Municipal
Corporation
i3y:
ohn F. L Sorey IiI, ayor
4
AI
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Collier County
Community and Human Services Division (CHS)
SHIP Short Sale Policy
A request for a short sale settlement on a Collier County SHIP loan must meet the following criteria:
1. Seller must be approved for a short sale from the first mortgage lender.
2. Seller of the property shall not receive any funds from the Short Sale transaction.
The settlement amount on a Collier County SHIP loan will be determined based upon the table shown below:
SHORT SALE SETTLEMENT
AMOUNT
6% or $6,000
whichever is less
(but never for less than $500)
(Example: SHIP assistance in the amount of $20,000, the settlement amount would be $1,200.00)
In order to determine if a recipient may qualify for settlement on their County SHIP loan, CHS will require the following
information to be submitted to our office prior to issuance of final approval and closing of the Short Sale:
1. Evidence of the first mortgage lender's approval for Short Sale.
2. Preliminary HUD -1 Settlement Statement; and
3. Final signed sales contract; and
4. Seller's authorization for agency/ law firm to negotiate short sale transaction.
If the Short Sale is approved by CHS, an approval letter will be issued to the first mortgage lender and closing agent
stating the approved settlement amount required to be paid at closing.
Upon receipt of the County Settlement amount, in addition to the signed final HUD -1 Settlement Statement, CHS shall
request that the Board of County Commissioners execute a satisfaction of mortgage. The Satisfaction of Mortgage will
be recorded in the Public Records of Collier County, Florida.
Payment should be made to "Collier County Board of County Commissioners" and delivered to: Community and
Human Services, 3339 E. Tamiami Trail, Bldg H, Suite 211, Naples, FL 34112. Please include a separate check in the
amount of $10.00 made payable to: Collier County Clerk of Courts for the cost of recording the satisfaction.
Please allow 10 -14 business days for processing from the date the request is submitted to our office.
Raynesha Hudnell, Grants Coordinator
Community &Human Services Division
3339 E. Tamiami Trail, Bldg H, Suite 211 Naples,
Florida 34112
Phone: 239 - 252 -5312 E -fax: 239 - 252 -6518 Email: RayneshaHudnell @colliergov.net
Revised 4.5.2013
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Collier County
SHORT SALE REQUEST
COMPLETE AND FAX OR EMAIL TO:
(239) 252 -6518 or RayneshaHudnell @colliergov.net
Seller Information
Borrower: Co- Borrower:
Property Address: City State Zip
First Mortgage Lender:
Address:
Principal Balance: $
Net Proceeds to Lender: $
First Mortgage Information
Approved Short Sale Amount: $
Net Proceeds to Seller: $
Closing ALent/Title Company Information
Closing Agent/ Title Company Name:
Contact Person: Phone:
Email:
I, , a representative of, ,
(Print Name) (Agency / Law Firm)
with authority to negotiate the short sale transaction for the above mentioned client (s), certify that the above information
provided is true and correct.
Signature
Date
Revised 4.5.2013
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Collier County
Community and Human Services Division
STATEXEDERAL LOAN
SUBORDINATION POLICY
Requests for subordination must be approved in advance by the Community and Human Services
Division ( "Division "). We may consider subordinating our loan if the following factors are
present:
• The proposed transaction is a rate and term refinance (less than $500.00 to borrower at
closing); and
• The new interest rate is a least one percent less than the current interest rate; and
• The new principal and interest payment is lower than the current payment; or if the new
monthly payment is increased due to a reduction to the term of the loan, the Division will
determine if the new payment is reasonable and beneficial to the client; and
• The proposed transaction only includes the current first mortgage payoff and reasonable closing
costs; and
• Closing costs are reasonable as determined by the Division; and
• The proposed transaction does not include a prepayment penalty.
• Property being refinanced must be the borrower's principal residence.
The following documents must be submitted to our office in order to process a subordination request:
1. Subordination Request form (attached).
2. Signed and executed Good Faith Estimate and Truth in Lending statement; and
3. Signed and executed mortgage /loan application; and
4. Preliminary HUD -1 Settlement Statement; and
5. Copy of title commitment; and
Please allow 10 business days for processing from the date the request is submitted to our office.
If approved, the Division will notify the lender and title company prepare the Subordination
Agreement. If we are unable to approve the request, a payoff letter will be issued.
Raynesha Hudnell
Grant Coordinator
Community and Human Services Division
3339 E. Tamiami Trail, Bldg H, Suite 211
Naples, Florida 34112
Phone: 239 - 252 -5312 E -fax: 239 - 252 -6518 Email: RayneshaHudnell @colliergov.net
Revised 05/2013
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Subordination Request Form
Complete and fax back to: (239) 252 -6518
Attn: Raynesha Hudnell
To be completed by the Financial Institution processing refinance on behalf of clients listed below
Borrower (s) name:
Borrower (s) address:
Financial Institution:
Address:
Email:
Principal Balance:
Monthly Payment (PITI):
New
Loan Amount:
Monthly Payment (PITI):
Phone:
Interest Rate:
Loan Term:
Interest Rate:
Loan Term:
Closing Agent/Title Company Information
Name: Contact Person:
Phone: Email Address:
I certify that the above information is correct. I certify that there will be no cash out to the borrower,
and no other unsecured debt will be paid off (i.e., credit cards, automobile loans, etc.). I understand
that the subordination document prepared by Collier County will be invalid if that is the case.
Lender /Broker Signature
Email address
Revised 05/2013
Lender/ Broker Name Printed
Phone
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