Agenda 04/23/2013 Item #16D 54/23/2013 16.D.5.
EXECUTIVE SUMMARY
Recommendation to adopt by Resolution, the State Housing Initiatives Partnership (SHIP)
Program Local Housing Assistance Plan for Fiscal Years 2013/2014, 2014/2015 and 2015/2016, sign
associated documents, and authorize submission to the Florida Housing Finance Corporation and
approve the associated interlocal agreement with the City of Naples.
OBJECTIVE: To approve the State Housing Initiatives Partnership (SHIP) Program
2013/2014; 2014/2015; 2015/2016 Local Housing Assistance Plan, as required triennially,
setting forth the program operation for this period, and approve the associated interlocal
agreement.
CONSIDERATIONS: On July 7, 1992, the Florida legislature signed into law the Sadowski
Affordable Housing Act to provide additional funding to local jurisdictions through a
documentary stamp tax on real estate transactions for the provision of affordable housing.
Funded under the State Housing Initiatives Partnership Program (SHIP), Collier County and the
City of Naples receive funds from the State of Florida through the Florida Housing Finance
Corporation to undertake eligible activities as provided by Section 420.9075, F.S. and Chapter
67- 37.007, F.A.C. These funds are for the provision of affordable housing.
To participate in this program, every three years the County must adopt a new Local Housing
Assistance Plan. Until recently, it was thought that no future funding would become available.
However, staff was informed that the Governor requested that funding be allocated in the new
state FY budget. By early June 2013 we expect to know the Florida budget appropriation to
Collier County, if any.
Approval of the plan will allow Collier County to expend funds for SHIP eligible activities for
three fiscal year periods. Pursuant to Section 420.9075, F.S. and Chapter 67- 37.005(1), F.A.C.,
Collier County must adopt a Local Housing Assistance Plan and submit it to the grantor agency,
Florida Housing Finance Corporation, no later than May 2, 2013.
It is required that a minimum of 65% of SHIP funds be spent on homeownership activities and
75% of all funds must be spent on construction activities. Construction includes rehabilitation
undertaken on a home receiving SHIP assistance. The two strategies included in the Local
Housing Assistance Plan designed to meet these requirements are as follows:
1. Purchase Assistance — provide first time homebuyers with a second mortgage for a
portion of the down payment and closing cost expenses associated with the purchase
transaction.
2. Disaster Relief — assist homeowners following a natural disaster. This strategy will only
be implemented following a natural disaster as declared by the President of the United
States or the Governor of the State of Florida.
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On April 8, 2013, the Collier County Affordable Housing Advisory Committee was presented
the proposed Local Housing Assistance Plan and by unanimous vote approved the Plan and
recommended it for approval by the Board of County Commissioners.
Approval of this item will also authorize the Chairwoman to sign the Certification to Florida
Housing Finance Corporation, adopting Resolution and Interlocal Agreement with the City of
Naples. Each document is an exhibit to the Local Housing Assistance Plan. The Ordinance re-
establishing the SHIP Local Housing Assistance Program is also an exhibit to the Local Housing
Assistance Plan and was adopted by the Board on April 9, 2013, Agenda Item No. 17E.
FISCAL IMPACT: Submission of the Local Housing Assistance Plan allows Collier County to
be eligible to receive funding, should funding be allocated in the future. SHIP funds are
deposited in SHIP Grant (Trust) Fund 791.
GROWTH MANAGEMENT IMPACT: This Local Housing Assistance Plan facilitates
efforts to meet the goals, objectives and policies set forth in the Housing Element of the Growth
Management Plan.
LEGAL CONSIDERATIONS: The proposed Local Housing Assistance Plan meets the
requirements of Part VII of Chapter 420, Florida Statutes. Accordingly, this item is legally
sufficient and requires a majority vote. - JBW
RECOMMENDATION: To adopt the State Housing Initiatives Partnership Program Local
Housing Assistance Plan for Fiscal Years 2013/2014, 2014/2015, 2015/2016, authorize the
Chairwoman to sign associated documents, and authorize submission to the Florida Housing
Finance Corporation.
PREPARED BY: Priscilla Doria, Grants Coordinator, Housing, Human and Veteran Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.5.
Item Summary: Recommendation to adopt by Resolution, the State Housing Initiatives
Partnership (SHIP) Program Local Housing Assistance Plan for Fiscal Years 2013/2014,
2014/2015 and 2015/2016, sign associated documents, and authorize submission to the
Florida Housing Finance Corporation and approve the associated interlocal agreement with the
City of Naples.
Meeting Date: 4/23/2013
Prepared By
Name: DoriaPriscilla
Title: SHIP Loan Processor,Housing, Human & Veteran Servi
3/27/2013 3:44:31 PM
Approved By
Name: SonntagKristi
Date: 4/1/2013 9:46:00 PM
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 4/3/2013 1:07:33 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 4/4/2013 8:41:11 AM
Name: AckermanMaria
Title: Senior Accountant, Grants
Date: 4/8/2013 9:29:38 AM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 4/10/2013 11:33:45 AM
Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
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Date: 4/10/2013 12:52:16 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/11/2013 8:45:52 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 4/12/2013 12:59:11 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 4/12/2013 4:19:55 PM
Name: OchsLeo
Title: County Manager
Date: 4/14/2013 9:35:32 PM
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4/23/2013 16.D.5.
COLLIER COUNTY
AND
CITY of NAPLES
� ,�tllhr
STATE HOUSING INITIATIVES PARNERSHIP (SHIP)
LOCAL HOUSING ASSISTANCE PLAN (LHAP)
FISCAL YEARS COVERED
2013 -14, 2014 -15 and 2015 -16
ADOPTED BY RESOLUTION:
Housing, Human and Veteran Services
Public Services Division
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
www.colliergov.net
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Table of Contents
Section I. Program Description
Purpose of the Program______________________
Purchase Price Limits
Section II. Strategies
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A01 k
Page No.
--------------------------- •------ •--- -• - - -- 3
............................................
4
Purchase Assistance
Disaster Relief 10
Section III. LHAP Incentive Strategies
Expedited Permitting _ _____________________ __ __ 12
Ongoing Review 12
Increased Density for Affordable Housing .............................. --- - - - - -- ___________ _______________________________ 13
Inventory of Locally Owned Public Lands Suitable for Affordable Housing ...... --- --------------------- 13
Section IV. Exhibits
Administrative Budget___ _____ __________
- -15
Timeline, ..........................................
Housing Delivery Goals____________
19
Certification-
22
County Resolution -----------------------------------------------------------------------------------------------------------
24
Program Information --------------------------------------------------------------------------------------------------------------------
2'7
Ordinance
InterlocalAgreement ............. ------------------------------------------ - - - - -- -------------------------------------------------
- - - -33
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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 also
solicited through the local newspaper when advertising the Notice of Funding
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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, creed, religion, color, age, sex, marital status, familial status,
national origin, or handicap in the award application process for eligible housing.
J. Support Services and Counseling:
Collier County offers free HUD approved Homebuyer Pre - purchase class instruction
to prospective SHIP applicants. The County also offers information and referral
services to local support service organization including, but not limited to 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
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Housing Finance Corporation. Affordable means that monthly rents or mortgage
payments including taxes and insurance do not exceed 30 percent of that amount
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.
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 Budget:
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:
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"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."
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 defmition 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
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. 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 will be 20% of the purchase price, not to exceed $20,000.
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.
e) Terms, Recapture and Default:
Funds are secured with a recorded fifteen (15) year, zero interest, and deferred
payment second mortgage loan and note 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 discretion of the Department Director.
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.
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 to access equity; a refinance of the first mortgage may be
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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
"Refinance Policv ".
4. Home is no longer primary residence, 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:
a. Program Income is a source of SHIP revenue received from the following
sources: bank interest, amortized loan payments and any associated interest
and penalties, loan proceeds due to repayment of a loan under the condition
of refinancing, sale or transfer of title, property is no longer the client's
primary residence.
b. Recaptured funds is a source of SHIP revenue, received when a SHIP
recipient loses his or her house to foreclosure /tax deed sales or the County
repays funds that assisted an ineligible client.
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 received, first qualified
(income and lender approved) first served 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 attend 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
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provisions, and certify that the unit assisted will be their primary residence.
g) Sponsor Selection Criteria: Not Applicable.
h) Additional Information:
i. Units assisted must be within the incorporated or unincorporated area
of Collier County.
ii. Mobile or manufactured homes are not a category of eligible housing
for the County at this time.
iii. Completion of the Homebuyer Education Program is mandatory prior
to closing.
iv. First mortgage must be at a fixed rate; no ARM's, prepayment
penalty, negative amortization, 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
a) Summary of the Strategy:
The Disaster Strategy provides assistance to households following a natural
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 natural
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;
• 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: 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 to 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.
Completed applications from affected homeowners will be accepted on a first
received, first served basis by income category and processed expediently.
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Applicants are required to provide all documentation requested for income and
eligibility determination.
The unit assisted must be owner- occupied and homesteaded as the primary
residence.
g) Sponsor Selection Criteria: Not applicable
h) 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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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 provided
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.
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.
a. 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 Affordable
Housing Advisory Committee regularly forms subcommittees to review impediments
to affordable housing, as well as new affordable housing incentives.
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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.
a. 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.
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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 (HDGC) 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.
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ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR
Exhibit A
Collier County
4/23/2013 16.D.5.
LHAP 2013
67- 37.005(1), F.A.C.
Estimated Allcoation for Calculating:
$
2,469,857.00
fiscal Year 2013 -14
Salaries and Benefits
$
226,987.00
Office Supplies and Equipment
$
5,000.00
Travel Perdiem Workshops, etc
$
2,500.00
Advertising
$
2,500.00
Other Contractual Services
$
10,000.00
Total
$
246,987.00
al Year 2013/2014
Salaries and Benefits
$
226,987.00
Office Supplies and Equipment
$
5,000.00
Travel Perdiem Workshops, etc
$
2,500.00
Advertising
$
2,500.00
Other Contractual Services
$
10,000.00
Total
$
246,987.00
al Year 2014/2015
Salaries and Benefits
$
226,987.00
Office Supplies and Equipment
$
5,000.00
Travel Perdiem Workshops, etc
$
2,500.00
Advertising
$
2,500.00
Other Contractual Services
$
10,000.00
Total
$
246,987.00
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4/23/2013 16.D.5.
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 government 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 fund 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.
1
Packet Page -1300-
4/23/2013 16. D.5.
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.
(19) The provisions of Chapter 83 -220, Laws of Florida have not been implemented.
(except for Miami Dade County)
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
, DEPUTY CLERK
Approval as to form and legal Sufficiency:
Jennifer B. White
Assistant County Attorney
GEORGIA A HILLER, ESQ.
CHAIRWOMAN
2
Packet Page -1301-
4/23/2013 16.D.5.
RESOLUTION No. 2013-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA APPROVING THE 2013 -2016 LOCAL
HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2013-2014,2014-2015
AND 2015 -2016 AS REQUIRED BY THE STATE HOUSING INITIATIVES
PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907 - 420.9079,
FLORIDA STATUTES AND CHAPTER 67 -37, FLORIDA
ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE
CHAIRMAN TO EXECUTE ANY REQUIRED DOCUMENTS AND
CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE
SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR
REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE
CORPORATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, 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 establish the maximum SHIP funds allowable for
each strategy; and
WHEREAS, the SHIP Act further requires local governments to establish an average area purchase price for
new and existing housing benefiting from awards made pursuant to the SHIP Act; The methodology and purchase
prices used are defined in the attached Local Housing Assistance Plan; and
WHEREAS, Section 4209075(7), Florida Statutes, allows a county to exceed the 5- percent limitation on
administrative costs, if 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.
WHEREAS, the Housing, Health and Veteran Services Department has prepared a 2013 -2016 Local Housing
Assistance Plan for submission to the Florida Housing Finance Corporation containing administrative costs that exceed
Packet Page -1302-
4/23/2013 16.D.5.
the 5- percent limitation; 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.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA that:
Section 1: 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.
Section 2: The 2013 -2016 Local Housing Assistance Plan for fiscal years 2014, 2015 and 2016, as attached and
incorporated hereto as required by Subsections 420.907- 420.9079, Florida Statutes, is approved for
submission to the Florida. Housing Finance Corporation.
Section 3: The Chairwoman is hereby designated and authorized to execute any documents and certifications
required by the Florida Housing Finance Corporation as related to the Local Housing Assistance Plan,
and the Director of Housing, Health and Veteran Services, as the Program Administrator is designated
and authorized to do all things necessary and proper to carry out the term and conditions of said Plan.
Section 4: This resolution shall take effect immediately upon its adoption.
This Resolution adopted this day of 2013, after motion second and majority in
favor of passage.
ATTEST:
DWIGHT E. BROCK, CLERK
:
, DEPUTY CLERK
Approval for form and legal Sufficiency:
Jennifer B. White
Assistant County Attorney} 1:3
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
am
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
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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
Chairwoman, Georgia A. Hiller, Esq.
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(a-colliergov.net
Alternate SHIP Contact
Priscilla Doria, Grant Coordinator
Telephone
239 - 252 -5312
EMAIL
PriscillaDoria(ucollierLov.net
Interlocal Agreement (list other local
governments in interlocal)
City of Naples
Local Government Employer Federal ID #
85- 801596653IC -1
Disbursement (list bank account
information if changed from previous)
Other Information
Kimberley Grant, Interim Director
Kimberl eyGrant(a7)Colliergov. net
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ORDINANCE NO. 2013 -
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; ROVIDING OR AN EFFECTIVE AND
SEVERABILITY, VE DA E,
WHEREAS; in 1992, the Legislature of the State of Florida approved the Sadowski
Affordable Housing Act creating the State Housing Initiatives Partnership ( "SHIP ") Program for
the specific purpose of supporting and expanding the availability of affordable housing resources
within the State; and
WHEREAS, the Collier County Board of County Commissioners (Board) adopted
Ordinance No. 93 -19 on April 13, 1993, creating a local housing assistance trust fund,
establishing a local housing assistance program, designating responsibility for the program, and
creating an Affordable Housing Advisory Committee; and
Zn
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 420.907- 420.9070 and Chapter 67 -37, Florida Administrative Code.
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2013 Collier County SHIP local Housing Assistance Program ordinance
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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 the 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.
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2013 Collier County SHIP Local Housing 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 later
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 committee 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.
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2013 Collier County Sl IIP Local Housing Assistance Program Ordinance
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The committee shall meet at least triennially and submit a report to the local governing Am
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.
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2013 Collier County SHIP Local Housing Assistance Program Ordinance
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this . day of , 2013.
ATTEST:
DWIGHT E. BROCK, CLERK
By: , Deputy Clerk
Approved as to form
and legal sufficiency:
Jennifer B. White
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq.
Chairwoman
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2013 Collier County SHIP Local Housing Assistance Program Ordinance
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COLLIER COUNTYXITY OF NAPLES
INTERLOCAL AGREEMENT
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM
THIS INTERLOCAL AGREEMENT (the "Agreement ") made and entered into this
day of , 2013, by and between Collier County, a political subdivision of
the State 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, et seq., Floricla 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 community's
affordable housing needs.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the
parties agree as follows:
1. 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
conformity with the mutually approved Local Housing Assistance Plan.
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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
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housing and agree to cooperate in ensuring that the requirements and spirit of the Chapter 420,
Florida Statutes is satisfied.
S. Neither party shall use any revenues distributed and allocated for purposes 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 (lie
commencement of the next fiscal year, this Agreement shall terminate and be of no further force
or effect, and the funds shall be 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 hinds 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,
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk Georgia A. Hiller, Esq.
Chairwoman
Approved as to form and
legal sufficiency;
. y�Y
Jennifer B. White
Assistant County Attorney`�� �^
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ATTEST: CITY OF NAPLES, a Municipal
Corporation
Patricia L. Ramboik, City Cleric ! John F. Sorey III, Mayor
rr
Approved as to form and
legal sufficiency:
Robert. D. Pritt, City Attorney
ri
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