Agenda 04/10/2012 Item #11EProposed Agenda Changes
Board of County Commissioners Meeting
April 10, 2012
ITEM #1 If CONTINUED TO THE APRIL 24, 2012 BCC MEETING:
RECOMMENDATION TO APPROVE NEIGHBORHOOD STABILIZATION
PROGRAM (NSP) DEVELOPER AGREEMENTS WITH HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC. THEREBY IMPLEMENTING
THE NSP EXIT STRATEGYAND PROVIDING ACCESS TO $3,495,749 IN
FEDERAL GRANT FUNDING (STAFF REQUEST TO CLARIFY & FINALIZE
CONTRACT LANGUAGE IN DISCUSSIONS WITH THE CLERK'S OFFICE)
Add Item III: Recommendation to provide direction to resolve the outstanding Quincy Square Homeowners
Association discussion topics from the March 27, 2012 meeting, Agenda Item 11F. (Staffs request)
Move Item 161)1 to Item 11J: Recommendation to approve a Work Order with Atkins North America, Inc. for Clam
Pass Joint Coastal Permit under contract 09- 5262 -CZ for a not to exceed amount of $7,672. (Commissioner Hiller's
request)
Note:
Item 16D2: Title on the agenda index should be revised to read the same as the executive summary: Recommendation
to approve a budget in the amount of $4360 $21,880 for the Vanderbilt Beach Access signage installation and access
amenities pursuant to a Board approved Settlement Agreement dated August 29, 2011, and make a finding that this
item promotes tourism.
Time Certain Items:
Item 11A to be heard at 11:00 a.m.; immediately followed by Item 11B
Item 11H to be heard at 1:30 p.m.
Item 11I to be heard at 2:00 p.m., subject to Add -On being accepted by Board
Item 14A2 to be heard at 3:00 p.m.; immediately followed by Item 14A1
4/10/2012 8:58 AM
4/10/2012 Item 11.
EXECUTIVE SUMMARY
Recommendation to approve Neighborhood Stabilization Program Developer Agreements with
Habitat for Humanity of Collier County, Inc. thereby transferring ownership in real property and
providing access to $3,495,749 in federal grant funding.
OBJECTIVE: To approve Developer Agreements with Habitat for Humanity of Collier County, Inc. to
continue the County's exit from the Neighborhood Stabilization Program (NSP).
CONSIDERATIONS: On December 14, 2011, the Board of County Commissioners approved an NSP
exit strategy and associated implementation actions with the purpose of extricating the County from daily
operations of the federal affordable housing program. Specifically, the exit strategy sought to enact the
following four actions: (a) transfer thirty-two (32) non - rehabilitated residential properties and ten (10)
vacant parcels to Habitat for Humanity; (b) solicit not - for - profit organizations to own and operate
affordable rental properties; (c) sell completed single - family homes to qualified buyers; (d) pass - through
NSP -3 funding to Habitat for Humanity for the acquisition of homes, including a developer fee.
Subsequently, on March 27, 2012, the Board of County Commissioners refined the aforementioned exit
strategy for the purpose of diversifying the income categories of the program's targeted eligible
beneficiaries. Under the revised exit strategy, NSP -3 funding provided to Habitat for Humanity will be
used to benefit all NSP - eligible income categories: low- income (50% AMI), moderate - income (80%
AMI), and middle - income (120% AMI).
This item consists of two (2) Developer Agreements based upon the differences in services to be provided
under NSP -1 and NSP -3. The following table provides a brief overview of the different services to be
provided by Habitat for Humanity.
Component
NSP -1
NSP -3
Funding Provided
$0
"$3,495,749
Property Provided
Yes
No
Developer Fee
Yes
Yes
NSP- Funded Activities
None
Acquisition
Income Categories Served
Low- and moderate- income
Low -, moderate -, and middle- income
The following table outlines the budget and use of funds by income category for the NSP -3 grant; such
budget detail is included in the NSP -3 Developer Agreement.
Line Item
Amount
County Administration
$388,416
Habitat for Humanity Developer Fee
$270,000
Low - Income Set Aside (50 % AMI)*
$971,042
51% AMI — 80% AMI
$1,504,707
$1% AMI - 120% AMI''
$750,000_
TOTAL
$3,884,165
*NSP requires that Grantees use at least 25 percent of funds to provide
housing for individuals and families whose incomes do not exceed 50
percent of area median income (AMI).
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4/10/2012 Item 11..
Pursuant to a U.S. Department of Housing and Urban Development policy alert dated January 12, 2011,
Habitat for Humanity affiliates designated as developers do not have to follow federal procurement rules,
may charge developer fees, do not have to follow OMB Circulars, and are not required to treat revenues
as program income. Staff will evaluate and respond to any compliance needs that may arise throughout
the implementation of this exit strategy. Should the grantor agency many changes to the program or
guidance, including but not limited to areas that affect compliance, such changes will be brought to the
Board of County Commissioners for consideration.
COMPLIANCE CONSIDERATIONS: As grantee, Collier County must ensure that the NSP is in
compliance with all applicable local, state, and federal regulations. The current program regulations were
published October 19, 2010 in Federal Register Vol. 75, No. 75.
FISCAL IMPACT: This item provides access to $3,495,749 in federal grant funding and transfers
ownership in forty -two NSP -1 properties from Collier County to Habitat for Humanity. Collier County
shall retain $388,416 in NSP -3 funding for administration; such use is NSP eligible.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote. — JBW
GROWTH MANAGEMENT IMPACT: The NSP supports the goals, objectives, and policies of the
Growth Management Plan Housing Element.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve NSP -1 and NSP -3 Developer Agreement by and between Collier County and Habitat for
Humanity of Collier County, Inc.; and
2. Authorize the Chairman of the Board of County Commissioners to execute the NSP -1 and NSP -3
Developer Agreements and any and all other County Attorney's Office approved documents
related to the conveyance of the properties associated with the NSP -1 Developer Agreement; and
3. Direct the County Manager or his designee to proceed to convey the properties associated with
the NSP -1 Developer Agreement, to follow all appropriate closing procedures, and to record the
Statutory Deed(s) and any and all necessary documents to obtain clear title to the properties, in
the Public Record of Collier County, Florida.
Prepared By: Frank Ramsey, Operations Analyst; Housing, Human and Veteran Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.E.
4/10/2012 Item 11-
Item Summary: Recommendation to approve Neighborhood Stabilization Program (NSP)
Developer Agreements with Habitat for Humanity of Collier County, Inc. thereby implementing
the NSP Exit Strategy and providing access to $3,495,749 in federal grant funding. (Kim Grant,
Housing, Human and Veteran Services Interim Director)
Meeting Date: 4/10/2012
Prepared By
Name: RamseyFrank
Title: Manager, Housing, Human and Veteran Services
3/28/2012 11:33:16 AM
Submitted by
Title: Manager, Housing, Human and Veteran Services
Name: RamseyFrank
3/28/2012 11:33:17 AM
Approved By
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 3/29/2012 8:26:42 AM
Name: RamseyFrank
Title: Manager, Housing, Human and Veteran Services
Date: 3/29/2012 4:22:44 PM
Name: AckermanMaria
Title: Senior Accountant, Grants
Date: 3/29/2012 4:42:42 PM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 3/30/2012 12:55:11 PM
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Name: MuckelCynthia
Title: Applications Analyst,information Technology
Date: 4/4/2012 11:17:04 AM
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 4/4/2012 12:01:18 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 4/4/2012 1:08:49 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/4/2012 3:36:32 PM
Name: OchsLeo
Title: County Manager
Date: 4/4/2012 4:00:59 PM
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4/10/2012 Item 11..
4/10/2012 Item 11.
NEIGHBORHOOD STABILIZATION PROGRAM 1
CFDA No. 14.218
DEVELOPER AGREEMENT BETWEEN
COLLIER COUNTY
AND
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
(NSP -1)
THIS AGREEMENT, made and entered into on this day of , 2012, by and between
Collier County, a political subdivision of the State of Florida, having its principal office at 3299
Tamiami Trail East, Naples, Florida 34112 (hereinafter called the "GRANTEE "), and Habitat for
Humanity of Collier County, Inc., a private not - for - profit corporation, existing under the laws of
the State of Florida, having its principal office at 11145 Tamiami Trail East, Naples, Florida
34113 (hereinafter called the "DEVELOPER ") to undertake the Neighborhood Stabilization
Program ( "NSP -1 ") as approved by the Collier County Board of County Commissioners.
WITNESSETH
WHEREAS, the GRANTEE is the recipient of Neighborhood Stabilization Program
Funds from the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, the DEVELOPER has submitted a letter of intent, dated December 2, 2011
and incorporated herein by reference, to enter into a partnership with GRANTEE to undertake
an NSP -1- eligible PROJECT;
NOW, THEREFORE in consideration of the mutual covenants and obligations herein
contained, including the Attachments, and subject to the terms and conditions hereinafter
stated, the parties hereto understand and agree as follows:
I. Definitions
Unless specifically provided otherwise or the context otherwise requires, when used in this
Agreement:
1. "Abandoned" refers to homes or residential properties that either a) mortgage, tribal
leasehold, or tax payments are at least 90 days delinquent, or b) a code
enforcement inspection has determined that the property is not habitable and the
owner has taken no correction actions within 90 days of notification of the
deficiencies, or c) the property is subject to a court- ordered receivership or nuisance
abatement related to abandonment pursuant to state or local law or otherwise meets
a state definition of an abandoned home or residential property.
2. "Appraisal' means an appraisal which meets the criteria specified in the Uniform
Relocation Assistance and Real Property Acquisition Policies Act ( "URA "), as further
defined in 49 CFR 24.103,
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3. "Blighted structure" means a structure that exhibits objectively determinable signs of
deterioration sufficient to constitute a threat to human health, safety, and public
welfare as more particularly described in Section 163.340(8), Florida Statutes.
4. "CDBG Act" means the Housing and Community Development Act of 1974, Pub. L.
No. 93 -383, as amended. Unless otherwise noted in the Housing and Economic
Recovery Act ( "HERA "), as amended, and the alternative requirements in the NSP -1
Notices, NSP -1 is governed by the CDBG regulations.
5. "Current market appraised value" means the value of a property that is established
through an appraisal made in conformity with either: 1) the appraisal requirement of
the URA at 49 CFR 24.103, or 2) the Uniform Standards of Professional Appraisal
Practice ( "USPAP "), or 3) the appraisal requirements of the Federal Housing
Administration ( "FHA ") or a government sponsored enterprise ( "GSE "); and the
appraisal must be completed or updated within 60 days of a final offer made for the
property by a grantee, subrecipient, developer, or individual buyer. However, if the
anticipated value of the proposed acquisition is estimated at $25,000 or less, the
current market appraised value of the property may be established by a valuation of
the property that is based on a review of available data and is made by a person the
grantee determines is qualified to make the valuation.
6. "Eligible Costs" means costs for the activities specified in Exhibit A of this
Agreement for which NSP -1 funds are budgeted, provided that such costs (i) are
incurred in connection with any activity which is eligible under HERA and Section
105A of Title I of the CDBG Act, and (ii) conform to all NSP -1 requirements.
7. "Environmental Requirements" means the requirements described in 24 CFR Part
58.
8. "Foreclosed" refers to a home or residential property if any of the following
conditions apply: (a) the property's current delinquency status is at least 60 days
delinquent under the Mortgage Bankers of America delinquency calculation and the
owner has been notified; (b) the property owner is 90 days or more delinquent on
tax payments; (c) under state, local, or tribal law, foreclosure proceedings have
been initiated or completed; or (d) foreclosure proceedings have been completed
and title has been transferred to an intermediary aggregator or servicer that is not
an NSP -1 grantee, contractor, subrecipient, developer, or end user.
9. "HERA" means the Neighborhood Stabilization Program ( "NSP -1 ") found in Title III
of Division B of the Housing and Economic Recovery Act of 2008, as amended.
10. "HUD" means the United States Department of Housing and Urban Development.
11. "Land bank" means a governmental or nongovernmental nonprofit entity
established, at least in part, to assemble, temporarily manage, and dispose of
vacant land for the purpose of stabilizing neighborhoods and encouraging re -use or
redevelopment of urban property. For the purposes of the NSP -1, a land bank will
operate in a specific, defined geographic area. It will purchase properties that have
been abandoned or foreclosed upon and maintain, assemble, facilitate
redevelopment of, market, and dispose of the land- banked properties. If the land
bank is a governmental entity, it may also maintain abandoned or foreclosed
property that it does not own, provided it charges the owner of the property the full
cost of the service or places a lien on the property for the full cost of the service.
12. "LMMI" is a HUD - defined term incorporating households with eligible incomes (at or
below 120% of area median, based on household size and county), including low -,
moderate -, and middle- income, in referring to the national objective of the CDBG
program.
13. "Low- Income Set - Aside" refers to the HERA requirement that not less than 25
percent of the funds NSP -1 funds to the GRANTEE shall be used for the purchase
and redevelopment of abandoned or foreclosed upon homes or residential
properties that will provide permanent housing to individuals or families whose
incomes do not exceed 50 percent of area median income.
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14. "NSP -1 Notice" refers to the alternative requirements for NSP -1 issued by HUD in
the Federal Register on October 6, 2008, as modified in the Bridge Notice issued on
June 19, 2009, and the Unified Notice issued on October 19, 2010.
15. "NSP -1 Funds" mean those funds to be provided by the GRANTEE pursuant to the
terms of this Agreement, as specified in Section II of this Agreement.
16. "Program Income" means the NSP -1 portion of any proceeds received by the
DEVELOPER and repaid to the GRANTEE.
17. "PROJECT" means the activities described in Exhibit A of this Agreement which are
to be carried out to meet the objectives of the NSP -1.
18. "Purchase Discount" means the minimum discount percentage from the current
market- appraised value under which a property may be purchased. Under HUD
Notice FR- 5255 —N -02, the purchase discount for NSP -1 is "at least 1 percent from
the current market - appraised value of the home or property."
19. "Vacant properties" includes both vacant land and properties with vacant structures
on the land.
II. Terms and Conditions of the Funding
A. Funding Amount — NSP -1 Funds in the amount of Two Hundred Thirty One Thousand and
00/100 Dollars ($231,000) are obligated for use in compliance with this agreement, as
reflected in the budget in Exhibit B.
Q
1. These amounts represent an allocation of the GRANTEE's NSP -1 funding
contingent upon DEVELOPER performance and not an entitlement to a certain
grant amount, and shall only be disbursed for approved costs.
2. Approved budget — The approved budget is attached to this agreement as Exhibit B.
It is understood and agreed that funds will be used according to the approved
budget.
3. Activity Limitations — In implementing projects, DEVELOPER shall undertake only
those activities permitted by this agreement, and comply with all provisions of this
agreement, including the project requirements in Section III, as they may be
modified by HUD.
Cost Limits — All uses of NSP funds are subject to the approval of the GRANTEE
Cost Limits on Individual Properties — The cost and assistance limits checked below
apply to every property assisted with NSP -1 funds under this agreement, unless
otherwise approved by GRANTEE.
® Developer fee allowed per property
$5,500
Sale to Buyers — All properties under this agreement shall be sold to eligible buyers in
accordance with the provisions of this section.
Eligible Buyers — Eligible homebuyers must be determined to be income - eligible in
compliance with the limit checked below.
❑ Middle Income — less than 120% of Area Median #
Income properties
® Moderate Income — less than 80% of Area Median 30
Income properties
® Low Income — less than 50% of Area Median 12
Income properties
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4/10/2012 Item 11.,
2. Sales Price — Sales prices must be in compliance with the price limits in Section
III.E, and the sales price of each property must be approved by GRANTEE.
3. Income Certification and Documentation — Every purchaser shall be determined to
be eligible according to the requirements at 24 CFR 570.5.
4. Net Proceeds of Sale — Upon sale of an NSP -1- funded home, from the net proceeds
of the sale after payment of all closing costs and approved developer fees,
DEVELOPER will retain all net proceeds for future use. Such future use must be for
an NSP - eligible activity.
III. Project Requirements
The DEVELOPER agrees to comply with all requirements of the NSP -1 as stated in the NSP -1
Notice and CDBG regulations, including but not limited to the following:
A. NSP -1 Eligible Use, CDBG National Objective and Eligible Activities — The DEVELOPER
will ensure and document that its NSP -1 activities meet LMMI national objective, eligible
use, allowable cost, and eligible activity requirements of the NSP -1 Notices and CDBG
Regulations.
1. Occupied properties — If the PROJECT is occupied at the time of this commitment,
the DEVELOPER will comply with the relocation requirements of 24 CFR 570.606.
B. Construction /rehabilitation — For any construction or rehabilitation in this project,
DEVELOPER will comply with the provisions of Section VI. If this project involves the
construction or rehabilitation of properties with 8 or more units, the DEVELOPER shall
comply with the provisions of the Davis -Bacon Act and regulations (29 CFR, Part 5), as
amended. If the building or commonly owned development (e.g. condo or townhouse)
has 8 or more units, Davis Bacon is applicable, even if NSP -1 funds only treat one unit.
C. Demolition - Primary structures on properties contributed to DEVELOPER may not be
demolished unless they are declared as blighted by GRANTEE. Such declarations by
GRANTEE shall be made in conformance with the definition contained in Section
163.340(8), Florida Statutes.
D. Property Standards — The DEVELOPER will carry out all NSP -1- assisted activities in
accordance with applicable laws, codes, and other requirements relating to housing
safety, quality, and habitability, in order to sell, rent, or redevelop such homes and
properties.
1. Rehabilitation Standards — DEVELOPER will carry out all NSP -1- assisted
rehabilitation of a foreclosed -upon home or residential property in compliance with
the rehabilitation standards in the GRANTEE's NSP -1 substantial amendment, and
in accordance with applicable laws, codes, and other requirements relating to
housing safety, quality, and habitability.
2. Lead -based paint — The DEVELOPER agrees that any construction or rehabilitation
of residential structures with assistance provided under this Agreement shall be
subject to HUD Lead -Based Paint Regulations at 24 CFR 570.487 or 24 CFR
570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all NSP -1-
assisted housing and require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may
include lead -based paint. Such notification shall point out the hazards of lead -
based paint and explain the symptoms, treatment and precautions that should be
taken when dealing with lead -based paint poisoning and the advisability and
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availability of blood lead level screening for children under seven. The notice
should also point out that if lead -based paint is found on the property, abatement
measures may be undertaken. The regulations further require that, depending on
the amount of Federal funds applied to a property, paint testing, risk assessment,
treatment and /or abatement may be conducted.
3. Accessibility — The DEVELOPER shall work with any homebuying household that
includes a person with disabilities to provide accessibility modifications required
under the policy of reasonable accommodations and reasonable modifications. All
such modifications shall be considered to be eligible NSP -1 costs under this
agreement.
E. Maximum Sales Price — The final sales price shall not exceed the amount permitted by the
NSP -1 requirements listed below:
1. If an abandoned or foreclosed upon home or residential property is to be sold to an
individual as a primary residence, no profit may be earned on such sale.
2. HERA Section 2301(d)(2) directs that the sale of such property shall be in an
amount equal to or less than the cost to acquire and redevelop or rehabilitate such
home or property up to a decent, safe, and habitable condition. Further, the sale
price must be the lesser of the post - development fair market value or the
acquisition /redevelopment cost.
3. The maximum sales price for a property is determined by aggregating all costs of
acquisition, rehabilitation, and redevelopment (including related activity delivery
costs, which generally include, among other things, costs related to the sale of
property).
4. In determining the sales price, the GRANTEE will NOT consider the costs of
boarding up, lawn mowing, maintaining the property in a static condition, or, in the
absence of NSP -1- assisted rehabilitation or redevelopment, the costs of completing
a sales transaction or other disposition to be redevelopment or rehabilitation costs.
F. Sale and Occupancy — All of the properties made available under this Agreement shall be
used with respect to:
1. Buyer Qualification — All buyers of NSP -1- assisted units shall be individuals and
families whose incomes do not exceed 120% of area median income (referred to as
"low -, moderate- and middle- income ", or LMMI). DEVELOPER shall verify and
document income eligibility of all buyers in compliance with 570.203(a) definition of
"Income."
a. Low - Income Set -Aside (if applicable) — If applicable, the DEVELOPER must
expend at least the amount of set -aside funding identified in Exhibit A of this
Agreement to create permanent housing for households with incomes at or
below 50% of area median. The DEVELOPER may choose to expend more
than the set -aside amount from NSP -1 funds allocated within Eligible Uses A
and B, but within the total NSP -1 award covered by this agreement, and doing
so will not require an amendment to this Agreement.
2. Counseling Requirement — Each NSP -1- assisted homebuyer is required to complete
at least eight hours of homebuyer counseling from a HUD - approved housing
counseling agency or a counselor approved by the GRANTEE.
3. First Mortgage — DEVELOPER must ensure that homebuyers obtain a mortgage
loan from a lender who agrees to comply with the bank regulators' guidance for non-
traditional mortgages. DEVELOPERS are prohibited from permitting homebuyers
to obtain subprime mortgages for whom such mortgages are inappropriate.
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4. Affordability Period — All NSP -1- assisted units must adhere to the affordability
provisions as listed in Exhibit A -2, which is based upon the total amount of NSP -1
funds provided per unit.
a. Affordability periods must be enforced utilizing a mortgage, promissory note
and, where applicable, deed restriction.
b. The Affordability Period is a minimum standard, and DEVELOPER may
propose a longer Affordability Period.
G. Project Monitoring and Recordkeeping — The DEVELOPER will be monitored by the
GRANTEE for compliance with the NSP -1 requirements and the applicable CDBG
regulations of 24 CFR Part 570. The DEVELOPER will provide reports and access to
project files, including homebuyer files, as requested by the GRANTEE during the
PROJECT and for five (5) years after completion and closeout of the AGREEMENT as
required under Section VIII of this Agreement.
IV. GRANTEE Responsibilities
A. GRANTEE is responsible for the following tasks and deliverables.
B. The GRANTEE shall furnish the DEVELOPER with information regarding requirements for
the project, including any changes in NSP -1 regulations or program limits that affect the
project, including but not limited to income limits.
C. Environmental Review — GRANTEE will complete environmental assessments and provide
clearances for all NSP -1 target areas, as well as approvals of site - specific environmental
reviews. DEVELOPER will provide all information required by GRANTEE.
D. Homebuyer Counseling — DEVELOPER will ensure that homebuyers are provided pre-
purchase counseling and homebuyer education.
E. Inspections — The GRANTEE will conduct progress inspections of work completed and
review of project files and information to protect its interests and regulatory authority for
the project, and will provide information to the DEVELOPER regarding any progress
inspections or monitoring to assist it in ensuring compliance. The GRANTEE's review
and approval will relate only to overall compliance with the general requirements of this
Agreement and NSP -1 requirements, and all GRANTEE regulations and ordinances.
F. Reporting — GRANTEE will report to HUD via the Disaster Recovery Grant Reporting
System (DRGR) system and on www.FederaIReporting.gov in a timely manner as required
by HUD.
G. Monitoring — GRANTEE will monitor all program activities of DEVELOPER to assure
compliance with the terms of this Agreement including all NSP -1 requirements.
H. Nothing contained herein shall relieve the DEVELOPER of any responsibility as provided
under this Agreement.
V. Disbursement of Funds
A. Requests for payment of developer fees must be submitted by the DEVELOPER on forms
specified by the GRANTEE, with adequate and proper documentation. The DEVELOPER
agrees to submit requests for payment in a timely manner in the form and times directed
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4/10/2012 Item 11.L
by the GRANTEE.
B. The GRANTEE will pay to the DEVELOPER funds available under this Agreement based
upon information submitted by the DEVELOPER and consistent with any approved budget
and GRANTEE policy concerning payments.
C. The GRANTEE reserves the right to inspect records and project sites to determine that
compensation requests are reasonable. The GRANTEE also reserves the right to hold
payment until adequate documentation has been provided and reviewed.
D. The GRANTEE shall pay the DEVELOPER, as maximum compensation or FEE for the
developer services as provided in the approved Budget in Exhibit B. If multiple projects
or buildings are involved, the developer fee may be pro -rated to each building or project,
and the applicable percentage may be applied to each.
A. Contracting, Labor & Hiring Provisions
During the performance of this contract, the DEVELOPER agrees as follows:
A. The DEVELOPER will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin(s). The DEVELOPER will take
affirmative action to ensure the applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, sex or national origin(s).
Such action shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
The DEVELOPER agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer of the
GRANTEE setting forth the provisions of this nondiscrimination clause.
B. The DEVELOPER will, in all solicitations or advertisements for employees placed by or on
behalf of the DEVELOPER, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
C. The DEVELOPER will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
D. The DEVELOPER will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to its books, records, and accounts
by the AGENCY and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and order.
In the event the DEVELOPER is found to be in noncompliance with the
nondiscrimination clauses of this contract or with any of such rules, regulations or
orders, this contract may be canceled, terminated or suspended in whole or in part
and the DEVELOPER may be declared ineligible for further Government contracts
in accordance with procedures authorized in Executive Order 11246 of September
24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965 or by rule, regulations, or
order of the Secretary of Labor or as otherwise provided by law.
E. The DEVELOPER will include the provisions of this Section in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
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issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The DEVELOPER will
take such action with respect to any subcontract or purchase order as the AGENCY may
direct as a means of enforcing such provisions, including sanctions for noncompliance;
provided, however, that in the event the DEVELOPER becomes involved in, or is
threatened with litigation with a subcontractor or vendor as a result of such direction by
the AGENCY, the DEVELOPER may request the United States to enter into such litigation
to protect the interest of the United States.
F. The DEVELOPER agrees to comply with the non - discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR
570.607, as revised by Executive Order 13279. The applicable non - discrimination
provisions in Section 109 of the HCDA are still applicable.
G. The DEVELOPER agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis -Bacon Act, as amended, the provisions of Contract Work
Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal,
state and local laws and regulations pertaining to labor standards insofar as those acts
apply to the performance of this Agreement.
H. The DEVELOPER agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874
et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part
5. The DEVELOPER shall maintain documentation that demonstrates compliance with
hour and wage requirements of this part. Such documentation shall be made available to
the GRANTEE for review upon request.
The DEVELOPER will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to
participate in the performance of this contract. As used in this contract, the terms "small
business" means a business that meets the criteria set forth in Section 3(a) of the Small
Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty -one (51) percent owned and controlled by
minority group developers or women. The DEVELOPER may rely on written
representations by businesses regarding their status as minority and women -owned
business enterprises in lieu of an independent investigation.
The DEVELOPER agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all contractors engaged under
contracts in excess of $2,000.00 for construction, renovation or repair work financed in
whole or in part with assistance provided under this contract, shall comply with Federal
requirements adopted by the GRANTEE pertaining to such contracts and with the
applicable requirements of the regulations of the Department of Labor, under 29 CFR
Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees
to journey workers; provided that, if wage rates higher than those required under the
regulations are imposed by state or local law, nothing hereunder is intended to relieve the
DEVELOPER of its obligation, if any, to require payment of the higher wage. The
DEVELOPER shall cause or require to be inserted in full, in all such contracts subject to
such regulations, provisions meeting the requirements of this paragraph. The
DEVELOPER shall comply with the provisions of the Copeland Anti - Kick -Back Act (18
U.S.C. 874) as supplemented in Labor Regulations (29 CFR Part 3), as amended.
K. Compliance with the provisions of Section 3 of the Housing and Urban Development Act
of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135,
and all applicable rules and orders issued hereunder prior to the execution of this contract,
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shall be a condition of the Federal financial assistance provided under this contract and
binding upon the GRANTEE, the DEVELOPER and any of the DEVELOPER's contractors
and subcontractors. The DEVELOPER certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The DEVELOPER further agrees to comply with these Section 3 requirements and
to include the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a
program providing direct Federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to low- and very low- income
residents of the project area, and that contracts for work in connection with the
project be awarded to business concerns that provide economic opportunities for
low- and very low- income persons residing in the metropolitan area in which the
project is located."
2. The DEVELOPER further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction
and abatement of lead -based paint hazards), housing construction, or other public
construction project are given to low- and very low- income persons residing within
the metropolitan area in which the NSP -1- funded project is located; where feasible,
priority should be given to low- and very low- income persons within the service area
of the project or the neighborhood in which the project is located, and to low- and
very low- income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation (including reduction and
abatement of lead -based paint hazards), housing construction, or other public
construction project to business concerns that provide economic opportunities for
low- and very low- income persons residing within the metropolitan area in which the
NSP -1- funded project is located; where feasible, priority should be given to business
concerns that provide economic opportunities to low- and very low- income residents
within the service area or the neighborhood in which the project is located, and to
low- and very low- income participants in other HUD programs.
3. The DEVELOPER further warrants and agrees to include or cause to be included
the criteria and requirements of this Section in every non - exempt subcontract in
excess of $100,000. The DEVELOPER also agrees to take such action as the
federal, state or local government may direct to enforce aforesaid provisions.
VII. Compliance with Other Federal, State & Local Laws
A. The DEVELOPER covenants and warrants that it will comply with all applicable laws,
ordinances, codes, rules and regulations of the state local and federal governments, and
all amendments thereto.
B. Environmental review — All NSP -1 assistance is subject to the National Environmental
Policy Act of 1969 and related federal environmental authorities and regulations at 24
CFR Part 58.
1. A copy of the Environmental Review Record shall be maintained by both the
DEVELOPER and the GRANTEE.
C. Flood Disaster Protection — In accordance with the requirements of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001), the DEVELOPER shall assure that for activities
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located in an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance Oak
Program is obtained and maintained as a condition of financial assistance for acquisition
or construction purposes (including rehabilitation.)
D. Historic Preservation — The DEVELOPER agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic
Preservation Procedures for Protection of Historic Properties, insofar as they apply to the
performance of this agreement.
E. The DEVELOPER agrees to comply with applicable state and local civil rights ordinances
and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights
Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and
Community Development Act of 1974 as amended (the HCDA), Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age
Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086, and will include the
provisions in every subcontract or purchase order, specifically or by reference, so that
such provisions will be binding upon each of its contractors and subcontractors.
F. The DEVELOPER agrees to comply with all applicable standards, orders, or requirements
issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the
Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection
Agency regulations (40 CFR part 15).
G. The DEVELOPER agrees that no funds provided, nor personnel employed under this
Agreement, shall be in any way or to any extent engaged in the conduct of political
activities in violation of Chapter 15 of Title V of the United States Code. The
DEVELOPER is prohibited from using funds provided herein or personnel employed in the
administration of the program for inherently religious activities, lobbying, political
patronage, and nepotism activities.
H. Conflict of Interest — The provisions of 24 CFR 570.611, apply to the award of any
contracts under the agreement and the selection of buyers for NSP -1- assisted units. No
member or Delegate to the Congress of the United States shall be permitted to any share
or part of this contract or any benefit herefrom. No member, officer or employee of the
GRANTEE; or its designees, or agents; or member of the GRANTEE Council of the
GRANTEE; and no other public official of the GRANTEE who exercises any functions or
responsibilities with respect to the program during his tenure or for one (1) year thereafter,
shall have any interest direct or indirect, in any contract or subcontract, or the proceeds
thereof, for work to be performed under this agreement. Exceptions must be requested by
the DEVELOPER and the AGENCY may grant exceptions as permitted by Regulation.
VIII. Reporting, Monitoring & Access to Records
A. The DEVELOPER agrees to submit any and all reports required by HUD or the
GRANTEE. Additional reporting information is contained in Exhibit A -4 through A -7,
inclusive.
B. The DEVELOPER shall collect and maintain Project beneficiary information pertaining to
household size, income levels, racial characteristics, and the presence of Female Headed
Households in order to determine low and moderate - income benefit in a cumulative and
individual manner. Income documentation shall be in a form consistent with NSP -1
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requirements.
C. The DEVELOPER agrees to provide the GRANTEE access to records and projects at any
time during project implementation or for five years after project closeout for purposes of
verifying compliance with NSP -1 requirements and this agreement. Access shall be
immediately granted to the GRANTEE, HUD, the Comptroller General of the United
States, or any of their duly authorized representatives to any books, documents, papers,
and records of the DEVELOPER or its contractors which are directly pertinent to that
specific contract for the purpose of making audit, examination, excerpts, and
transcriptions.
D. The GRANTEE reserves the right to audit the records of the DEVELOPER any time
during the performance of this Agreement and for a period of five years after final payment
is made under this Agreement. If required by A -133, the DEVELOPER will provide the
GRANTEE with a certified audit of the DEVELOPER's records representing the Fiscal
Year during which the PROJECT becomes complete.
E. Project Closeout — The DEVELOPER's obligation to the GRANTEE shall not end until all
close -out requirements are completed. Activities during this close -out period shall
include, but are not limited to: making final payments, accounting for use of funds,
provision of all reports and records required by the GRANTEE.
IX. Suspension & Termination
In accordance with 24 CFR 85.43, suspension or termination may occur if the DEVELOPER
materially fails to comply with any term of the award, and that the award may be terminated for
convenience in accordance with 24 CFR 85.44.
A. If the DEVELOPER fails in any manner to fully perform and carry out any of the terms,
covenants, and conditions of the agreement, or if the DEVELOPER refuses or fails to
proceed with the work with such diligence as will insure its completion within the time fixed
by the schedule set forth in this agreement, the DEVELOPER shall be in default and
notice in writing shall be given to the DEVELOPER of such default by the GRANTEE or an
agent of the GRANTEE. If the DEVELOPER fails to cure such default within such time as
may be required by such notice, the GRANTEE may, at its option, terminate and cancel
the contract.
In the event of such termination, all funds awarded to the DEVELOPER pursuant to
this agreement shall be immediately revoked and any approvals related to the
PROJECT shall immediately be deemed revoked and canceled. In such event, the
DEVELOPER will no longer be entitled to receive any compensation for work
undertaken after the date of the termination of this agreement, as the grant funds
will no longer be available for this project.
2. In such event, the DEVELOPER shall be entitled to receive just and equitable
compensation for any work satisfactorily completed hereunder to the date of said
termination.
3. Notwithstanding the above, the DEVELOPER shall not be relieved of liability to the
GRANTEE for damages sustained by the GRANTEE by virtue of any breach of the
contract by the DEVELOPER and the GRANTEE may withhold any payments to the
DEVELOPER for the purpose of setoff until such time as the exact amount of
damages due the GRANTEE from the DEVELOPER is determined whether by court
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of competent jurisdiction or otherwise.
4. Such termination shall not effect or terminate any of the rights of the GRANTEE as
against the DEVELOPER then existing, or which may thereafter accrue because of
such default, and the foregoing provision shall be in addition to all other rights and
remedies available to the GRANTEE under the law and the note and mortgage (if in
effect), including but not limited to compelling the DEVELOPER to complete the
project in accordance with the terms of this agreement, in a court of equity.
5. The waiver of a breach of any term, covenant or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term, covenant, or
condition hereof.
The GRANTEE may terminate for its convenience this contract at any time by giving at
least thirty (30) days notice in writing to the DEVELOPER. If the contract is terminated by
the GRANTEE, as provided herein, the GRANTEE will reimburse for any actual and
approved expenses incurred, including those costs involved in terminating the contracts
and shutting down the work as of the date of notice, and the DEVELOPER will be paid as
a FEE an amount which bears the same ratio to the total compensation as the services
actually performed bear to the total service of the DEVELOPER covered by this contract,
less payments of compensation previously made. Claims and disputes between the
parties will be submitted to the American Arbitration Association for resolution. Award or
judgment may be entered in any court having jurisdiction thereof.
X. General Conditions
A. All notices or other communication which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by personal service, or by registered
mail addressed to the other party at the address indicated herein or as the same may be
changed from time to time. Such notice shall be deemed given on the day on which
personally served; or, if by mail, on the fifth day after being posted or the date of actual
receipt, whichever is earlier.
GRANTEE
Collier County Board of County Commissioners
ATTN: Housing, Human and Veteran Services
3339 Tamiami Trail E, Suite 211
Naples, Florida 34112
DEVELOPER
Habitat for Humanity of Collier County, Inc.
11145 Tamiami Trail East
Naples, Florida 34113
B. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
C. In the event of conflict between the terms of this Agreement and any terms or conditions
contained in any attached documents, the terms in this Agreement shall rule.
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D. No waiver or breach of any provision of this Agreement shall constitute a waiver of a
subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
E. The GRANTEE's failure to act with respect to a breach by the DEVELOPER does not
waive its right to act with respect to subsequent or similar breaches. The failure of the
GRANTEE to exercise or enforce any right or provision shall not constitute a waiver of
such right or provision.
F. The parties hereto agree that this Agreement shall be construed and enforced according
to the laws of the State of Florida.
G. Should any provisions, paragraphs, sentences, words or phrases contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of Florida or the GRANTEE, such
provisions, paragraphs, sentences, words or phrases shall be deemed modified to the
extent necessary in order to conform with such laws, or if not modifiable to conform with
such laws, then same shall be deemed severable, and in either event, the remaining
terms and provisions of this Agreement shall remain unmodified and in full force and
effect.
H. The obligations undertaken by DEVELOPER pursuant to this Agreement shall not be
delegated or assigned to any other person or agency unless GRANTEE shall first consent
to the performance or assignment of such service or any part thereof by another person or
agency.
I. The Agreement shall be binding upon the parties hereto, their heirs, executors, legal
representative, successors and assigns.
J. DEVELOPER shall indemnify and save GRANTEE harmless from and against any
negligent claims, liabilities, losses and causes of action which may arise out of
DEVELOPER's activities under this Agreement, including all other acts or omissions to act
on the part of DEVELOPER, including any person acting for or on its behalf, and, from
and against any orders, judgments, or decrees which may be entered and from and
against all costs, attorneys fees, expenses and liabilities incurred in the defense of any
such claims, or in the investigation thereof.
K. DEVELOPER and its employees and agents shall be deemed to be independent
contractors, and not agents or employees of the GRANTEE, and shall not attain any rights
or benefits under the civil service or pension ordinances of the GRANTEE, or any rights
generally afforded classified or unclassified employee; further they shall not be deemed
entitled to state Compensation benefits as an employee of the GRANTEE.
L. Funding for this Agreement is contingent on the availability of funds and continued
authorization for program activities and is subject to amendment or termination due to lack
of funds, or authorization, reduction of funds, and /or change in regulations.
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IN WITNESS WHEREOF, the GRANTEE and DEVELOPER, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
Approved as to form and
legal sufficiency:
Assistant County Attorney
First Witness
Type /print witness name
Second Witness
Type /print witness name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bv:
Fred W. Coyle, Chairman
Habitat for Humanity of Collier County, Inc.
In
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EXHIBIT A. Project Description
A. GENERAL
4/10/2012 Item 11.E_
Developer will be provided ownership in certain real property acquired by the Grantee for
the purpose of rehabilitation or redevelopment for disposition to NSP- eligible persons or
families. The forty -two (42) properties associated with this Agreement consist of twenty -
one (21) single- family residential dwelling units, eleven (11) two -to -four unit residential
dwelling units, and ten (10) vacant residential parcels. The properties associated with
this Agreement are more particularly described in Exhibit A -1. All costs associated with
the transfer for the aforementioned properties from Grantee to Developer shall be borne
by Developer.
B. ELIGIBLE ACTIVITIES
The following activities are eligible under this Agreement and are more thoroughly
described in the NSP -1 Notice.
a. NSP - Eligible Use (A) — Establish financing mechanisms for purchase and
redevelopment of foreclosed upon homes and residential properties, including
such mechanisms as soft - seconds, loan loss reserves, and shared - equity loans
for low- and moderate - income homebuyers.
As part of an activity delivery cost for an eligible activity as defined in 24 CFR
570.206.
Also, the eligible activities listed below to the extent financing mechanisms
are used to carry them out.
b. NSP - Eligible Use (B) — Purchase and rehabilitate homes and residential
properties that have been abandoned or foreclosed upon, in order to sell, rent, or
redevelop such homes and properties.
24 CFR 570.201(a) Acquisition, (b) Disposition, (i) Relocation, and (n) Direct
homeownership assistance (as modified below):
0 24 CFR 570.202 eligible rehabilitation and preservation activities for
homes and residential properties.
o HUD notes that any of the activities listed above may include required
homebuyer counseling as an activity delivery cost.
NSP - Eligible Use (C) — Establish and operate land banks for homes and
residential properties that have been foreclosed upon.
• 24 CFR 570.201(a) Acquisition and (b) Disposition
o HUD notes that any of the activities listed above may include required
homebuyer counseling as an activity deliver cost.
d. NSP - Eligible Use (D) — Demolish blighted structures.
• 24 CFR 570.201(d) Clearance for blighted structures only.
e. NSP - Eligible Use (E) — Redevelop demolished or vacant properties as housing.
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24 CFR 570.201(a) Acquisition, (b) Disposition, (c) Public facilities and
improvements, (e) Public services for housing counseling, but only to the
extent that counseling beneficiaries are limited to prospective purchasers or
tenants of the redeveloped properties, (i) Relocation, and (n) Direct
homeownership assistance (as modified below):
0 24 CFR 570.202 Eligible rehabilitation and preservation activities for
demolished or vacant properties.
0 24 CFR 570.204 Community based development organizations.
o HUD notes that any of the activities listed above may include required
homebuyer counseling as an activity delivery cost.
C. REHABILITATION OR REDEVELOPMENT
NSP- assisted property subject to this Agreement shall be rehabilitated or redeveloped to
the extent necessary to comply with applicable laws, codes, and other requirements
relating to housing safety, quality, and habitability in order to sell, rent, or redevelop such
homes and properties. Developer led rehabilitation is undertaken pursuant to 24 CFR
570.202(b)(1). New housing construction is undertaken pursuant to 24 CFR 570.204, or
the NSP notice published on October 6, 2008, as amended.
Pursuant to the Grantee's NSP -1 action plan, NSP- assisted property is required to meet
or exceed local and state building codes; the current code applied in Collier County is
2007 Florida Building Code. Furthermore, HERA defines rehabilitation to include
improvements to increase the energy efficiency or conservation of such homes and
properties or to provide a renewable energy source or source for such homes and
properties. Such improvement are also eligible under the regular CDBG program.
Developer is subject to Section 504 of the Rehabilitation Act of 1973 and the Fair
Housing Act, including their respective provisions related to physical accessibility
standards for person with disabilities. See 24 CFR Part 8; 24 CFR 100.205; See also 24
CFR 570.487 and 24 CFR 570.602.
D. ELIGIBLE INCOME LEVELS OF BUYERS
NSP- assisted property subject to the Agreement shall be used with respect to individuals
and families whose income does not exceed 120 percent of area median income.
However, not less than twenty -five (25) percent of the funds expended by Grantee in
acquiring the properties subject to this Agreement shall be used to house individuals or
families whose income do not exceed 50 percent of the area median income ( "LH25
Requirement ").
To ensure compliance with the NSP LH25 Requirement, the following coordinated effort
shall be used:
Grantee shall provide to Developer, within 60 days of final execution of
Agreement
• Amount of funds expended by Grantee on the properties subject to
this Agreement that must be used to house individuals or families
whose income no not exceed 50 percent of the area median income;
• Amount of NSP funds invested per property subject to this Agreement
Developer shall provide Grantee, within 60 days from receipt of the above
information
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o Which properties shall be designated for the benefit of individuals or
families whose income do not exceed 50 percent of the area median
income
Taken together, these actions will ensure that Grantee complies with the NSP LH25
Requirement and such resulting property designations shall become a part of this
Agreement.
E. MAXIMUM SALES PRICE
If an abandoned or foreclosed -upon home or residential property is purchased,
redeveloped, or otherwise sold to an individual as a primary residence, then such sale
shall be in amount equal to or less than the cost to acquire and redevelop or rehabilitate
such property up to a decent, safe, and habitable condition. The maximum sales price
for a property is determined by aggregating all costs of acquisition, rehabilitation, and
redevelopment (including related activity delivery costs, which generally include, among
other things, costs related to the sale of the property). Note that the maximum sales
price may not exceed the current market value of the unit as established by an appraisal.
F. HABITAT FOR HUMANITY AFFILIATES
Grantee hereby designates Habitat for Humanity of Collier County, Inc. as a Developer
of the County's NSP. Pursuant to a HUD issued NSP Policy Alert titled "Guidance for
Habitat for Humanity Affiliates," dated January 12, 2011, the following clarifications are
hereby provided.
a. DEVELOPER
Developers are program beneficiaries and thus distinct from subrecipients,
grantee employees, and contractors. Developers may receive NSP funds from
the Grantee. Developer -led rehabilitation is undertaken pursuant to 24 CFR
570.202(b)(1). New housing construction is undertaken pursuant to 24 CFR
570.204, or the NSP notice published on October 6, 2008, as amended.
Habitat for Humanity affiliates designated as developers:
• Do not have to follow federal procurement rules;
• May charge developer fees;
• Do not have to follow OMB Circulars;
• Are not required to treat revenues as program income
b. SALES PRICE VALUATION
In addition to the information contained above under "Maximum Sales Price," the
cost of donated materials and professional services may also be included in the
base for determining the maximum sales price under Section 2301(d)(3) of
HERA. The cost of donated materials must be based on fair market value at the
time of donation. Estimates of the value of unskilled or sweat - equity labor may
not be included in the total development cost. Moreover, the costs of donated
professional services and materials may not be reimbursed by the NSP grant.
c. DEVELOPMENT SUBSIDY
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In some instances, the total development cost of rehabbed and /or newly
constructed NSP units will be greater than the current market value of such unit.
In such situations, NSP funds can be used to fill the appraisal gap, and will be
considered a development subsidy. Grantee may not apply affordability
instruments to NSP funds used as a development subsidy. This subsidy will be
considered a "sunk cost" and is considered an eligible use of NSP funds.
G. INDEMNIFICATION
To the maximum extent permitted by Florida law, the Developer shall indemnify and hold
harmless Collier County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals'
fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Developer or anyone employed or utilized by the Developer in the
performance of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph. This section
does not pertain to any incident arising from the sole negligence of Collier County. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the
limits set forth in Section 768.28, Florida Statutes.
H. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES
No organization or individual shall offer or give, either directly or indirectly, any favor, gift,
loan, fee, service or other item of value to any County employee, as set forth in Chapter
112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and /or any employee
of the firm from contact with County staff for a specified period of time; b. Prohibition by
the individual and /or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate
termination of any contract held by the individual and /or firm for cause.
I. COSTS ASSOCIATED WITH THE CONVEYANCE OF PROPERTY
Each party shall be responsible for payment of its own attorney's fees. The Developer
shall be responsible for payment of the cost of recording the Statutory Deed(s) and the
pro -rata share of the water, sewer, and garbage charges. The Developer shall be
responsible to transfer associated utility accounts within 48 hours after the day of
closing.
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EXHIBIT A -1. Legal Descriptions
The following site - specific list of properties is associated with this Agreement and ownership to
such will be transferred from Grantee to Developer following all standard Collier County closing
procedures.
1. Lot 52, Block B, Whispering Pines, a Subdivision of Lots 48 and 49 in Naples Grove and
Truck Company's Little Farms #2, according to the Plat Thereof, as Recorded in Plat
Book 4, Page 17, of the Public Records of Collier County, Florida. Parcel No.
81732120002 (2842 Barrett Avenue, Naples, FL 34112)
2. Lot 20, in Block 9, of Naples Manor Addition, according to the Plat thereof, as recorded
in Plat Book 3, at Pages 67 and 68, of the Public Records of Collier County, Florida.
Parcel No. 62097920005 (5378 Carlton Street, Naples, FL 34113)
3. Lot 5, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat
Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida; Parcel No.
62261280005 (5318 Gilchrist Street, Naples, FL 34113)
4. Lot 6, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat
Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida. Parcel No.
62261320004 (5322 Gilchrist Street, Naples, FL 34113)
5. Lot 7, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat
Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida. Parcel No.
62261360006 (5326 Gilchrist Street, Naples, FL 34113)
6. Lot 8, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat
Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida. Parcel No.
62261400005 (5330 Gilchrist Street, Naples, FL 34113)
7. Lot 9, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat
Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida. Parcel No.
62261440007 (5334 Gilchrist Street, Naples, FL 34113)
8. Lot 10, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat
Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida. Parcel No.
62261480009 (5340 Gilchrist Street, Naples, FL 34113)
9. Lot 19, Block A, Pine -View Villas, according to the Plat thereof, recorded in Plat Book 9,
Page 49, of the Public Records of Collier County, Florida. Parcel No. 67490760003
(4308 Rose Avenue, Naples, FL 34112)
10. Lot 3, and the East 28 Feet of Lot 4, Block 3, Burdale, according to the Map or Plat
thereof, as recorded in Plat Book 4, Page 2, of the Public Records of Collier County,
Florida. Parcel No. 25081280002 (2522 Linwood Avenue, Naples, FL 34112)
11. Lot 33, Block 188, Golden Gate, Unit 6, according to the Plat thereof, as recorded in Plat
Book 5, Pages 124- 134, of the Public Records of Collier County, Florida. Parcel No.
36304720005 (2049 55th Terrace SW, Naples, FL 34116)
12. The West 75 Feet of the West 150 Feet of Tract No. 90, Golden Gate Estates, Unit No.
42, according to the Map or Plat thereof, as recorded in the Plat Book 7, Page 27, of the
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4/10/2012 Item 11.E
Public Records of Collier County, Florida. Parcel No. 38847800008 (2860 64th Avenue
NE, Naples, FL 34120)
13. The West 75 Feet of the West 150 Feet of Tract 79, Golden Gate Estates, Unit No. 42,
according to the Plat thereof, as recorded in Plat Book 7, Page 27, of the Public Records
of Collier County, Florida. Parcel No. 38846560006 (2765 58th Avenue NE, Naples, FL
34120)
14. The West 75 Feet of Tract 85, Golden Gate Estates, Unit 72, according to the Map or
Plat thereof, as recorded in Plat Book 5, Page 8, Public Records of Collier County,
Florida. Parcel No. 40419040006 (4460 22nd Avenue NE, Naples, FL 34120)
15. Lot 19 and the East Half of Lot 20, Avalon Estates Replat of Unit No. 1, a Subdivision
According to the Map or Plat Thereof, as recorded in Plat Book 4, Page 65, of the Public
Records of Collier County, Florida. Parcel No. 22670520008 (3614 Poplar Way, Naples,
FL 34112)
16. Lot 8, Block 59, Golden Gate, Unit 2, according to the Plat Thereof, recorded in Plat
Book 5, Pages 65 through 77, of the Public Records of Collier County, Florida. Parcel
No. 35774280008 (2197 44th Terrace SW, Naples, FL 34116)
17. The West 75 Feet of the East 180 Feet of Tract 90, Golden Gate Estates, Unit No. 62,
according to the Plat thereof, as recorded in Plat Book 5, Page 87, of the Public Records
of Collier County, Florida. Parcel No. 39781520003 (3685 41St Avenue NE, Naples, FL
34120)
18. The West 75 Feet of the East 180 Feet of Tract 43, Golden Gate Estates, Unit No. 71,
According to the Plat thereof, recorded in Plat Book 5, Page 7, of the Public Records of
Collier County, Florida. Parcel No. 40355240009 (3380 20th Avenue NE, Naples, FL
34120)
19. Lot 21, Block 172, Golden Gate, Unit 5, According to the Plat thereof, as Recorded in
Plat Book 5, Pages 117 through 123, inclusive, of the Public Records of Collier County,
Florida. Parcel No. 36245160009 (1853 51St Terrace SW, Naples, FL 34116)
20. Lot 17, Block 121, Golden Gate, Unit 4, according to the plat thereof, recorded in Plat
Book 5, Pages 107 to 116, inclusive, of the Public Records of Collier County, Florida.
Parcel No. 36113200004 (4913 22nd Place SW, Naples, FL 34116)
21. Lot 8, Block 4, Naples Manor Lakes, according to the Plat thereof, as recorded in Plat
Book 3, Page 86, of the Public Records of Collier County, Florida. Parcel No.
62252520004 (5230 Gilchrist Street, Naples, FL 34113)
22. Lot 22, Block 185, Golden Gate, Unit 6, according to the Plat thereof, of record in Plat
Book 5, Pages 124 through 134, of the Public Records of Collier County, Florida. Parcel
No. 36300880004 (2180 52nd Terrace SW, Naples, FL 34116)
23. Lot 11, Block 135, Golden Gate, Unit 4, according to the Plat thereof, recorded in Plat
Book 5, Page 112, of the Public Records of Collier County, Florida. Parcel No.
36122520005 (4833 21St Avenue SW, Naples, FL 34116)
24. Lot 23, Block 240, Golden Gate, Unit 7, according to the map or plat thereof, on file and
recorded with the Clerk of the Circuit Court and recorded at Plat Book 5, Page 141,
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4/10/2012 Item 11.E
Public Records of Collier County, Florida. Parcel No. 36439240007 (3025 52 "d Street
SW, Naples, FL 34116)
25. Lot 5, Block 56, Golden Gate, Unit 2, according to the plat thereof, as recorded in Plat
Book 5, Pages 65 through 77, inclusive, of the Public Records of Collier County, Florida.
Parcel No. 35772680008 (4440 19th Avenue SW, Naples, FL 34116)
26. Lot 11, Block 45, Unit 2, Golden Gate, , according to the plat thereof, as recorded in Plat
Book 5, Pages 65 through 77, inclusive, of the Public Records of Collier County, Florida.
Parcel No. 35764920006 (4300 17th Avenue SW, Naples, FL 34116)
27. Lot 24, Block 167, Golden Gate, Unit No. 5, according to the plat thereof, as recorded in
Plat Book 5, Pages 117 through 123, of the Public Records of Collier County, Florida.
Parcel No. 36241760005 (2100 51St Terrace SW, Naples, FL 34116)
28. Lot 33, Block 218, Golden Gate, Unit 6 Part 1, according to the plat thereof, as recorded
in Plat Book 9, Pages 1 through 7, inclusive, of the Public Records of Collier County,
Florida. Parcel No. 36383680001 (5401 21 st Place SW, Naples, FL 34116)
29. Lot 11, COL - LEE -CO Gardens, according to the Plat thereof, as recorded in Plat Book 1,
Page 30, of the Public Records of Collier County, Florida. Parcel No. 26830320002
(2972 Gordon Street, Naples, FL 34112)
30. Lot 5, Block D, South Tamiami Heights, according to the Plat thereof, recorded in Plat
Book 3, Page 44, of the Public Records of Collier County, Florida; Parcel No.
74412200000 (3511 Okeechobee Street, Naples, FL 34112)
31. Lot 10, Block 259, Golden Gate, Unit 7, according to the Plat thereof, recorded in Plat
Book 5, Pages 135 through 146, inclusive, of the Public Records of Collier County,
Florida. Parcel No. 36450840004 (4914 30th Place SW, Naples, FL 34116)
32. Lot 33, Block 5 of Trail Acres, according to the Plat thereof, as recorded in Plat Book 3,
Page(s) 50, of the Public Records of Collier County, Florida. Parcel No. 77214040009
(1585 th Street, Naples, FL 34114)
33. The West Half (West '/2) of the Northwest Quarter (Northwest 1/) of the Northeast
Quarter (Northeast' /) of the Northwest Quarter (Northwest' /) of the Southwest Quarter
(Southwest 114) of Section 16, Township 50 South, Range 26 East, Less the Northerly 30
feet thereof, Public Records of Collier County, Florida. Parcel No. 00418760000 (6067
Polly Avenue, Naples, FL 34112)
34. Lot 2, Block 192, Golden Gate, Unit 6, according to the plat thereof, recorded in Plat
Book 5, Page 130, of the Public Records of Collier County, Florida. Parcel No.
36308560009 (5418 23rd Court SW, Naples, FL 34116)
35. Lot 25, Block 76, Golden Gate, Unit 2, according to the Plat thereof, as recorded in Plat
Book 5, Page(s) 65- 77, of the Public Records of Collier County, Florida. Parcel No.
35780960008 (2183 41St Street SW, Naples, FL 34116)
36. Lot 58, Hallendale, according to the map or plat thereof, as recorded in Plat Book 4,
Page(s) 25, Public Records of Collier County, Florida. Parcel No. 48782160000 (No Site
Address)
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4/10/2012 Item 11.E
37. Lot 59, Hallendale, according to the map or plat thereof, as recorded in Plat Book 4,
Page(s) 25, Public Records of Collier County, Florida. Parcel No. 48782200009 (No Site
Address)
38. Lot 63, Hallendale, according to the map or plat thereof, as recorded in Plat Book 4,
Page(s) 25, Public Records of Collier County, Florida. Parcel No. 48782320002 (No Site
Address)
39. Lot 20, Block 6, Avalon Estates, Unit No. 1, according to the Map of the Plat thereof, as
recorded in Plat Book 3, Page 62, of the Public Records of Collier County, Florida.
Parcel No. 22624480107 (No Site Address)
40. Lot 18, Block 6, Avalon Estates, Unit No. 1, according to the Plat thereof, as recorded in
Plat Book 3, Page 62, of the Public Records of Collier County, Florida. Parcel No.
22624440008 (4561 Dominion Drive, Naples, FL 34112)
41. The West ' /z of Lot 10 and All of Lots 11 & 12, Block C, Whispering Pines, According to
the Plat Thereof, as Recorded in Plat Book 4, Page 17, Public Records of Collier
County, Florida. Parcel No. 81732480001 (2742 Storter Avenue, Naples, FL 34112)
42. The East 180 Feet of Tract 91, Golden Gate Estates, Unit No. 42, according to the Plat
thereof, of record in Plat Book 7, Page 27, of the Public Records of Collier County,
Florida. Parcel No. 38848000001 (2883 62nd Avenue NE, Naples, FL 34120)
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EXHIBIT A -2. Affordability Requirements
GENERAL
4/10/2012 Item 11.E.
Developer will ensure that all properties subject to this Agreement comply with the affordability
provisions of the HOME Investment Partnerships Program as contained in 24 CFR 92.254
relating to qualification as affordable housing for homeownership. The Developer, at its sole
discretion, may impose greater restrictions so long as the restrictions are at level at or above
those of the HOME Investment Partnerships Program.
HOMEOWNERSHIP: LONG TERM AFFORDABILITY
The NSP- assisted housing must meet the affordability requirements for not less than the
applicable period specified in the following table, beginning after project completion. The per
unit amount of NSP funds and the affordability period that they trigger are described more fully
below under Recapture Provisions.
Homeownership assistance NSP
amount per-unit
Minimum period of
affordability in years
Under $15 ,000 ...........................
5
$15,000 to $40,000 ......................
10
Over $40, 000 ..............................
15
Recapture Provisions
The recapture provisions will ensure that the Developer recoups all or a portion of the NSP
assistance benefiting the homebuyer, if the housing does not continue to be the principal
residence of the family for the duration of the period of affordability. The period of affordability is
based upon the total amount of NSP funds subject to recapture described above.
The Developer may choose to recapture the entire amount of NSP assistance or a reduced
amount on a prorata basis for the time the homeowner has owned and occupied the housing
measured against the required affordability period. The net proceeds may be divided
proportionally as set forth in the following mathematical formulas:
NSP investment X Net proceeds = NSP amount to Developer
NSP investment + homeowner investment
homeowner investment X Net proceeds = amount to homeowner
NSP investment + homeowner investment
The Developer may permit the homebuyer to recover the homebuyer's entire investment (down
payment and capital improvements made by the owner since purchase) before recapturing the
NSP investment. Any NSP investment recaptured by the Developer shall remain with the
Developer for future use toward other NSP - eligible activities.
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EXHIBIT A -3. Developer Fee
GENERAL
4/10/2012 Item 11.E.
Developer shall invest its own funds to complete the rehabilitation or development of the
properties associated with this Agreement thereby assuming risk associated with the project.
To compensate Developer for such risk, and for providing NSP- related goods and services,
such as, but not necessarily limited to, residential rehabilitation, eligible buyer identification, and
final disposition, Developer shall be paid a developer fee.
AMOUNT
Grantee shall pay Developer a Five Thousand Five Hundred and 00/100 Dollars ($5,500)
developer fee for each of the forty -two (42) properties associated with this Agreement. The
maximum combined developer fee paid by Grantee to Developer through this Agreement shall
be Two Hundred Thirty One Thousand and 00/100 Dollars ($231,000); this amount represents a
cumulative of developer fees paid for each of the properties associated with this Agreement.
METHOD OF PAYMENT
Grantee shall pay Developer the developer fee per property upon final sale to an income - eligible
person or household. To secure payment, Developer shall submit to Grantee the following
supporting materials in a format acceptable to Grantee:
1. HUD -1 Settlement Statement
2. Appraisal
3. Sales Contract
4. Attestation form to be provided by Grantee
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4/10/2012 Item 11.E.
EXHIBIT A-4. Grant Agency Requirements
APPLICABLE LAWS AND REGULATIONS
Certain State and Federal laws, regulations, and Executive Orders are applicable in part or in
whole to the NSP. The applicable laws, regulations, and Executive Orders, classified generally
by compliance area, include but may not be limited to the following.
GENERAL REQUIREMENTS
The Housing and Community Development Act of 1974, as amended and as
implemented by the most current HUD regulations (24 CFR Part 570).
Federal Register Docket No. FR- 5447 -N -01: Notice of Formula Allocations and Program
Requirements for Neighborhood Stabilization Program Formula Grants; October 19, 2010.
U.S. Department of Housing and Urban Development's Playing by the Rules: A Handbook
for CDBG Sub - recipients on Administrative Systems.
CIVIL RIGHTS
• Title VI - Civil Rights Act of 1964.
• Section 109 - Title I - Housing and Community Act of 1974.
• Title VIII of the Civil Rights Act, 1968 (Fair Housing Act), as amended. 42 U.S.C. 3601.
• Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of
1990.
• Executive Order 11246 - Equal Employment Opportunity, as amended by Executive
Order 11375, Parts 11 and 111.
• Executive Order 11063 - Equal Employment Opportunity, as amended by Executive
Order 12259.
• Section 3 of the Housing and Development Act of 1968, as amended Section 118 of Title
I, Community Development and Housing Act, 1974.
• Age Discrimination Act of 1975.
• Executive Order 12432: National Priority to Develop Minority and Women Owned
Businesses.
• Section 504 of the Rehabilitation Act of 1973 and implementation regulation (24 CFR
Part 8).
ACQUISITION AND RELOCATION
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(46 U.S.C. 4601 and regulations at 49 CFR, Part 24).
HOUSING
• The Truth in Lending Act (Regulation Z).
• Title I Consumer Protection Act (PL 90321).
• The Lead Base Paint Poisoning Prevention Act (42 U.S.C. 4831 -5 et al.) and HUd
implementing regulations (24 CFR Part 35).
• The Residential Lead -Based Paint Hazard Reduction Act of 1993 (PL 102 -550).
• The National Manufactured Housing Construction and Safety Standards Act of 1974 (42
U.S.C., 5401 et. seq., as amended).
• Manufactured Housing Act (O.C.G.A. Sections 8 -2 -130 and 160 et. seq.).
• Construction Industry Licensing Board Act (O.C.G.A. Section 43- 14 -8).
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4/10/2012 Item 11.E.
• The Fire Administration Authorization Act of 1992 (PL 102 -522).
ENVIRONMENTAL
• Title I of the Housing and Community Development Act, Section 104(8) — as amended
(42 U.S.C. 5304) and published in 24 CFR Part 58.
• Section 306 of the Clear Air Act (42 U.S.C. 1857(h))
• Section 508 of the Clean Water Act (33 U.S.C. 1368).
• Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part
15).
• Energy Policy and Conservation Act (Pub. L.94 -163).
LABOR STANDARDS
• The Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -330) as
supplemented by Department of Labor regulations.
• The Davis -Bacon Act (40 U.S.C. 276(a) to (a -7), as supplemented by Department of
Labor Regulations.
• The Davis -Bacon Act (42 U.S.C. 5310).
• The Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented by Department of
Labor regulations.
OTHER
• Conditions prohibiting inherently religious activities (24 CFR 570.2000)).
HOUSING REHABILITATION REQUIREMENTS
• The Common Rule 24 CFR 85 — applies if the direct party of the construction contract.
This rule requires a competitive procurement.
• Federal Labor Standards — Only in certain situations. Davis -bacon wage rate are
applicable when NSP funds are used for rehabilitation of more than 8 housing units in
one project.
• Lead -Based Paint Hazard Elimination (24 CFR Part 35) — These rules include
inspection, testing, risk assessments, hazard control or abatement, safe work practices,
clearance and notification /disclosure requirements.
• Section 3 Clause of the Urban Development Act of 1968, and as implemented by HUD
regulations at 24 CFR Part 135 applies (regardless of the dollar amount of the contract)
in the following situations:
• If the Recipient contracts directly for rehabilitation services or acts as an agent
for the homeowner, i.e., signs the rehabilitation contract.
• If the Recipient provides homeowners with a list of contractors eligible to
participate in the local rehabilitation program, the Recipient should assure that
eligible Section 3 business concerns located or owned in part by residents of the
area are also included on the list.
• If the individual homeowner contracts directly for rehabilitation services and the
Recipient is not a party to the contract, the Section 3 requirements do not have to
be followed.
Section 104(d) of the Housing and Community Development Act is applicable if rental
units are converted to non- 'low and moderate income dwelling units" or if occupied or
occupiable housing units are demolished. See HUD regulations at 24 CFR Part 570.606
and 24 CFR Part 42.
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4/10/2012 Item 11.E.
The Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as
amended, and as implemented by DOT regulations 49 CFR Part 24, is applicable if
tenants or homeowners (regardless of income) are displaced in conjunction with a NSP
activity.
The Truth -In- Lending Act (Regulation Z) (USC 1601, et. seq.) which applies to any loan
transaction between the Recipient and the homeowner provided the Recipient meets the
criteria of being a "creditor ", as defined by the Federal Reserve System
EQUAL OPPORTUNITY, FAIR HOUSING, AND ACCESSIBILITY
GENERAL
The regulations pursuant to Title I of the Housing and Community Development Act require
applicants to assure through certification that all activities will be conducted in accordance with
Section 109 of the Act (the nondiscrimination clause), Title VI of the Civil Rights Act of 1964,
Title VIII of the Civil Rights Act of 1968, and Executive Orders 11246 and 11063. These
requirements are briefly described below:
1. Title VI of Civil Rights Act of 1968 Nondiscrimination in any programs or activities receiving
Federal financial assistance.
2. Section 109 of Title I — Housing and Community Development Act of 1974 Nondiscrimination
in any program or activity subject to the provisions of this title. No person in the United States
shall on the ground of race, color, national origin, or sex, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity funded in
whole or part under this Title. Any prohibition against discrimination on the basis of age under
the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped
individual as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any
such program or activity.
3. Title VIII of the Civil Rights Act of 1968, as amended. Prohibition against discrimination
based on sex.
4. The Fair Housing Law Provides protection against the following acts, if they are based on
disability, race, color, religion, sex, national origin, or family status:
• Refusing to sell or rent to, deal or negotiate with any person Discriminating in terms or
conditions for buying or renting Housing
• Discriminating by advertising that housing is available only to persons of a certain family
status, race, color, religion, sex, or national origin
• Denying that housing is available for inspection, sell or rent when it really is available
• "Blockbusting" - For profit, persuading owners to sell or rent housing by telling them that
minority groups are moving into the neighborhood
• Denying to anyone the use of or participation in any real estate services, such as
brokers' organizations, multiple listing services or other facilities related to the selling or
renting of housing
• Denying or making different terms or conditions for home loans by commercial lenders,
such as banks, savings and loan associations and insurance companies
5. Executive Order 11063 - Equal Opportunity in Housing, as amended by Executive Order
12259 — All departments and agencies are directed to take all action necessary and appropriate
to prevent discrimination in housing and related facilities owned or operated by the Federal
Government or provided with Federal financial assistance and in the lending practices with
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4/10/2012 Item 11.E.
respect to residential property and related facilities (including land to be developed for
residential use) of lending institutions, insofar as such practices relate to loans insured or
guaranteed by the Federal Government.
6. Executive Order 11246 — Equal Employment Opportunity, as amended by Executive Order
11375. Part II - Employment under Federal contracts. Non - discrimination in employment by
government contractors and subcontractors. Part III - Federally assisted construction contracts.
Non - discrimination in employment under federally assisted construction contracts. Parts II and
I II are administered by the Department of Labor.
7. Section 3 of the Housing and Development Act of 1968, as amended and as implemented by
HUD regulations at 24 CFR Part 135 Section 3 provides that to the greatest extent feasible,
training and employment opportunities shall be made available to lower income residents of
project areas and that contracts be awarded to small businesses located within the project area
or owned in substantial part by project area residents.
SECTION 504 REQUIREMENTS
Local government recipients and subrecipients must comply with Section 504 of the
Rehabilitation Act of 1973, as amended. This requirement is similar to the "Americans with
Disability Act" (ADA) which is also applicable. HUD published implementation regulations (24
CFR Part 8) as a final rule on June 2, 1988. The general requirement is that no otherwise
qualified individual with a disability (physical or mental) shall, because a recipient's facilities are
inaccessible to or unusable by individuals with disabilities, be excluded from participation in,
denied benefits, or otherwise be subjected to discrimination under any program or activity that
receives NSP assistance. The definition of disability includes physical and mental factors and
also includes those who may be regarded as handicapped (such as the spouse or children of a
person with AIDS). Both building accessibility and employment practices are covered by Section
504.
AFFIRMATIVELY FURTHERING FAIR HOUSING
Any Subrecipient must certify that it will affirmatively further fair housing, mandated under 24
CFR 570.602.
SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968
As amended, provides that, to the greatest extent feasible, opportunities for training and
employment shall be given to recipients of public housing and lower- income residents of the unit
of local government or the metropolitan area (or non - metropolitan county) in which the project is
located. Contract work in connection with such projects shall be awarded to business concerns
which are owned in substantial part by persons residing in the same metropolitan area (or
nonmetropolitan county) as the project, employ Section 3 residents in full -time positions, or
subcontract with businesses which provide economic opportunities to lower income persons.
Section 3 Regulations 24 CFR 135.
§ 135.38 Section 3 clause.
All section 3 covered contracts shall include the following clause (referred to as the section 3
clause):
A. The work to be performed under this contract is subject to the requirements of section 3 of
the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3).
The purpose of section 3 is to ensure that employment and other economic opportunities
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4/10/2012 Item 11.E.
generated by HUD assistance or HUD - assisted projects covered by section 3, shall, to the
greatest extent feasible, be directed to low- and very low- income persons, particularly persons
who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD "s regulations in 24 CFR part 135,
which implement section 3. As evidenced by their execution of this contract, the parties to this
contract certify that they are under no contractual or other impediment that would prevent them
from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers" representative of the contractor's
commitments under this section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the section 3 preference, shall set forth
minimum number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding
that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will
not subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training positions,
that are filled (1) after the contractor is selected but before the contract is executed, and (2) with
persons other than those to whom the regulations of 24 CFR part 135 require employment
opportunities to be directed, were not filled to circumvent the contractor's obligations under 24
CFR part 135.
F. Noncompliance with HUD "s regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD assisted
contracts.
G. With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires
that to the greatest extent feasible (i) preference and opportunities for training and employment
shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be
given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract
that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to
the maximum extent feasible, but not in derogation of compliance with section7(b).
DEBARMENT
Pursuant to 24 CFR 24, all NSP grantees are required to verify that any /all persons, contractors,
consultants, businesses, sub - recipients, etc. that are conducting business with the grantee,
including any city /county or the grantee itself, are not presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in the covered
transaction or in any proposal submitted in connection with the covered transaction. Verification
will be checked through the Excluded Parties Listing System (at website: www.eols.gov).
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4/10/2012 Item 11.E.
EXHIBIT A -5. Reporting
REPORTING SCHEDULE
The Developer shall submit quarterly reports to Grantee based on the following schedule.
Reports shall be submitted according to this schedule as long as this Agreement is in force:
Activity Reporting Period
Report Due Date
October 15'— December 315
JanuarX 10
January 315 — March 315
Aril 10
Aril 15 — June 30
Jul 10
Jul 15 — September 30
October ofn
NSP -1 DEVELOPER AGREEMENT
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
Date Submitted:
Activity Reporting Period:
Contact Person:
Telephone:
Email:
GENERAL
1. Activity Status or Milestones — describe any significant actions taken or outcomes
achieved during this reporting period.
2. Future Actions — what significant actions or. outcomes are expected during the next
reporting period?
3. Obstacles — describe any potential obstacles, challenges, or issues that may cause
delay.
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4/10/2012 Item 11.E.
ACTIVITY STATUS
Complete the following information by entering the appropriate numbers for this reporting period
in the tables below. Do not duplicate information from previous reporting periods.
Activity
This Reporting Period
No. Active Projects
White
No. Projects Complete
No. Properties Demolished
No. Properties Sold
Asian
TOTAL
HOUSEHOLD INFORMATION
Complete these tables for those properties sold during this reporting period.
Household Data
This Reporting Period
No. Extremely-Low Income Households 0 -30% AMI
White
No. Very-Low Income Households 31 -50% AMI
No. Low - Income Households 51 -80% AM])
No. Moderate - Income Households 81 -120% AMI
Asian
No. Female Head of Households
TOTAL
RACE AND ETHNICITY BENEFICIARIES
Race
Total
No. His anic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian /Alaska Native and White
Asian and White
Black/African American and White
American Indian /Alaskan Native and Black /African American
Other Multi - Racial
TOTAL
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EXHIBIT A -6. Monitoring
DATE:
HOMEBUYER(S) NAME:
PROPERTY ADDRESS:
4/10/2012 Item 11.E.
DEVELOPER shall submit the following completed form upon final sale of each property
associated with this Agreement.
SECTION A: PARTICIPANT ELIGIBILITY
1.
2.
3.
E,M
Did the Developer correctly apply income inclusions and exclusions for the
0 ❑ ❑
chosen income definition and was the calculation performed correctly?
he Low Income set - aside)?
Yes No N/A
Describe Basis for Conclusion:
Was household income supported with source documentation?
El 0 0
Yes No N/A
Describe Basis for Conclusion:
Was the family's annual income less than or equal to 120% of the area
El 7 7
median income (or less than or equal to 50% if the unit was designated for
he Low Income set - aside)?
Yes No N/A
Describe Basis for Conclusion:
Does the file document that the homebuyer received and completed at least
El F-1 0
eight hours of homebuyer counseling from a HUD - approved housing
counseling agency before purchase?
Yes No N/A
Describe Basis for Conclusion:
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5.
LO
4/10/2012 Item 11.E.
Does the written agreement with the homebuyer specify that the buyer must ❑ ❑
use the property as a principal residence throughout the period of
affordability? Yes No N/A
Describe Basis for Conclusion:
Does the written agreement specify remedies or actions the Grantee must ❑ El ❑
take if the principal residence requirement is not met for the affordability
period? Yes No N/A
be Basis for Conclusion:
SECTION B: AFFORDABILITY PROVISIONS
7.
,M
0
Does the written agreement with the homebuyer include the required El ❑ 7
recapture or resale provisions, as described in the Developer Agreement?
Yes No N/A
Describe Basis for Conclusion:
Was the correct period of affordability established for the project, based ❑ El 0
upon the total amount of NSP assistance provided to the homebuyer if
under a resale provision or the direct subsidy provided with NSP funds, if Yes No N/A
under a recapture provision?
Describe Basis for Conclusion:
Were legal documents recorded: deed restriction or covenant running with El 0 El
he land if the property is under resale provisions, or note /deed of trust and
mortgage for recapture provisions? Yes No N/A
Describe Basis for Conclusion:
Pace 33 of 39
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SECTION C: PROPERTY STANDARDS
10.
11
4/10/2012 Item 11.E.
If the project was constructed before 1978, did the Developer comply with El F-1 0
lead -safe housing requirements at 24 CFR Part 35?
Yes No N/A
be Basis for Conclusion:
If the project involved rehabilitation or new construction of a unit, does the ❑ 0 ❑
Final inspection confirm that the property met all applicable property
standards at completion? Yes No N/A
Describe Basis for Conclusion:
Prepared By:
Telephone: _
Email:
Paop 34 nf 39
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EXHIBIT A -7. Income Certification
Neighborhood Stabilization Program 1
Habitat for Humanity of Collier County, Inc.
INSTRUCTIONS
4/10/2012 Item 11.E.
Submit completed form, including appropriate supporting documentation, to Grantee to obtain
approval prior to the sale of a property associated with this Agreement to an eligible person or
household.
Effective Date:
A. Household Information
Member
Names — All Household Members
Relationship
Age
1
2
3
4
5
6
7
8
B. Assets: All Household Members, Including Minors
Member
Asset Description
Cash Value
Income
from
Assets
1
2
3
4
5
6
7
8
Total Cash Value of Assets B(a)
Total Income from Assets g(b)
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 2.0 %) and enter results in B(c), otherwise leave
blank. B(c)
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4/10/2012 Item 11.E.
C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member
Wages /
Benefits /
Public
Other
Salaries
Pensions
Assistance
Income
(include tips,
commissions,
Asset
bonuses, and
Income
overtime
1
(Enter the
2
greater of
3
box B(b) or
box B(c),
4
above, in
5
box C(e)
g
below)
7
8
(a)
(b)
(c)
(d)
(e)
Totals
Enter total of items C(a) through C(e).
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. I /we have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. I /we certify that the statements are
true and complete to the best of my /our knowledge and belief and are given under
penalty of perjury.
WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and
assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and
imprisonment provided under S. 775.082 and 775.083.
Signature of Head of Household
Signature of Spouse or Co -Head of Household
Adult Household Member (if applicable)
Date
Date
Date
Adult Household Member (if applicable) Date
P20P. 36 of 39
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4/10/2012 Item 11.E.
E. NSP Grantee Statement: Based on the representations herein, the family or
individual(s) named in Item A of this Income Certification is /are eligible under the
provisions of the NSP. The family or individual(s) constitute(s) a:
Very -Low Income (VLI) Household means and individual or family whose
annual income does not exceed 50 percent of the area median income as
determined by the U.S. Department of Housing and Urban Development with
adjustments for household size.
(Maximum Income Limit $ ).
Low - Income (LI) Household means and individual or family whose annual
income does not exceed 80 percent of the area median income as determined by
the U.S. Department of Housing and Urban Development with adjustments for
household size.
(Maximum Income Limit $ ).
Moderate - Income (MOD) Household means and individual or family whose
annual income does not exceed 120 percent of the area median income as
determined by the U.S. Department of Housing and Urban Development with
adjustments for household size.
(Maximum Income Limit $ ).
Based upon the (year) income limits for the Naples -Marco Island Metropolitan
Statistical Area (MSA) of Collier County, Florida.
Signature of the NSP Administrator or His /Her Designated Representative:
Signature
Printed Name
F. Household Data
Date
Title
Number of Persons
By Race / Ethnicit
I By A e
White
Black
Hispanic
Asian
American
Indian
Other
0-25
26 - 40
41 —61
62+
Special Target I Special Needs
Check all that apply
Farm Worker
Developmentally
Disabled
Homeless
Elderly
Other
NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No
occupant is required to give such information he or she desires to do so, and refusal to give such information will not
affect any right he or she has an occupant.
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EXHIBIT A -8. Quarterly Performance Report Data
GENERAL
4/10/2012 Item 11.E.
Grantee is required to submit to HUD, through the Disaster Recovery Grant Reporting System
( "DRGR ") Quarterly Performance Reports ( "QPR "). To facilitate in the preparation of such
reports, Developer shall submit the information contained herein within ten (10) days of the end
of each calendar quarter.
1. OVERALL PROGRESS NARRATIVE
Describe overall progress made in operating the NSP.
2. FINANCIAL DATA
Provide (a) number of properties acquired, (b) program funds expended, and (c)
program funds obligated.
3. ACTIVITY PROGRESS NARRATIVE
Described progress made within the following three (3) activities: (a) acquisition,
rehabilitation, resale LMMI, (b) acquisition rehabilitation, resale LH25, and (c) land bank.
4. PROPERTY DATA
Provide the address of each property where funds were expended or obligated this
reporting period.
5. DEMOGRAPHIC DATA
Provide the following data for each household assisted this reporting period: (a) race, (b)
Hispanic /Latino (yes /no), (c) female head of household (yes /no), and (d) income level.
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EXHIBIT B. Budget
GENERAL
4/10/2012 Item 11.E.
Developer will be provided ownership in forty -two (42) properties acquired by the Grantee for
the purpose of rehabilitation or redevelopment for disposition to NSP- eligible persons or
families.
BUDGET
Grantee will not provide Developer any NSP -1 funding to support the activities described in this
Agreement. Therefore, there is no activity budget associated with this Agreement.
Grantee shall pay Developer a Five Thousand Five Hundred and 00/100 Dollars ($5,500)
developer fee for each of the forty -two (42) properties associated with this Agreement. The
maximum combined developer fee paid by Grantee to Developer through this Agreement shall
be Two Hundred Thirty One 00/100 Dollars ($231,000); this amount represents a cumulative of
developer fees paid for each of the properties associated with this Agreement.
Pane 39 of 39
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4/10/2012 Item 11.E.
NEIGHBORHOOD STABILIZATION PROGRAM 3
CFDA No. 14.218
DEVELOPER AGREEMENT BETWEEN
COLLIER COUNTY
AND
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
(NSP -3)
THIS AGREEMENT, made and entered into on this day of , 2012, by and between
Collier County, a political subdivision of the State of Florida, having its principal office at 3299
Tamiami Trail East, Naples, Florida 34112 (hereinafter called the "GRANTEE "), and Habitat for
Humanity of Collier County, Inc., a private not - for - profit corporation, existing under the laws of
the State of Florida, having its principal office at 11145 Tamiami Trail East, Naples, Florida
34113 (hereinafter called the "DEVELOPER ") to undertake the Neighborhood Stabilization
Program ( "NSP -3 ") as approved by the Collier County Board of County Commissioners.
WITNESSETH
WHEREAS, the GRANTEE is the recipient of Neighborhood Stabilization Program
Funds from the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, the DEVELOPER has submitted a letter of intent, dated December 2, 2011
and incorporated herein by reference, for use of funds for an NSP -3- eligible PROJECT;
NOW, THEREFORE in consideration of the mutual covenants and obligations herein
contained, including the Attachments, and subject to the terms and conditions hereinafter
stated, the parties hereto understand and agree as follows:
I. Definitions
Unless specifically provided otherwise or the context otherwise requires, when used in this
Agreement:
1. "Abandoned" refers to homes or residential properties that either a) mortgage, tribal
leasehold, or tax payments are at least 90 days delinquent, or b) a code
enforcement inspection has determined that the property is not habitable and the
owner has taken no correction actions within 90 days of notification of the
deficiencies, or c) the property is subject to a court- ordered receivership or nuisance
abatement related to abandonment pursuant to state or local law or otherwise meets
a state definition of an abandoned home or residential property.
2. "Appraisal" means an appraisal which meets the criteria specified in the Uniform
Relocation Assistance and Real Property Acquisition Policies Act ( "URA "), as further
defined in 49 CFR 24.103.
3. "Blighted structure" means a structure that exhibits objectively determinable signs of
deterioration sufficient to constitute a threat to human health, safety, and public
welfare as more particularly described in Section 163.340(8), Florida Statutes.
4. "CDBG Act' means the Housing and Community Development Act of 1974, Pub. L.
No. 93 -383, as amended. Unless otherwise noted in the Housing and Economic
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4/10/2012 Item 11.E
Recovery Act ( "HERA "), as amended, and the alternative requirements in the NSP -3
Notices, NSP -3 is governed by the CDBG regulations.
5. "Current market appraised value" means the value of a property that is established
through an appraisal made in conformity with either: 1) the appraisal requirement of
the URA at 49 CFR 24.103, or 2) the Uniform Standards of Professional Appraisal
Practice ( "USPAP "), or 3) the appraisal requirements of the Federal Housing
Administration ( "FHA ") or a government sponsored enterprise ( "GSE "); and the
appraisal must be completed or updated within 60 days of a final offer made for the
property by a grantee, subrecipient, developer, or individual buyer. However, if the
anticipated value of the proposed acquisition is estimated at $25,000 or less, the
current market appraised value of the property may be established by a valuation of
the property that is based on a review of available data and is made by a person the
grantee determines is qualified to make the valuation.
6. "Eligible Costs" means costs for the activities specified in Exhibit A of this
Agreement for which NSP -3 funds are budgeted, provided that such costs (i) are
incurred in connection with any activity which is eligible under HERA and Section
105A of Title I of the CDBG Act, and (ii) conform to all NSP -3 requirements.
7. "Environmental Requirements" means the requirements described in 24 CFR Part
58.
8. "Foreclosed" refers to a home or residential property if any of the following
conditions apply: (a) the property's current delinquency status is at least 60 days
delinquent under the Mortgage Bankers of America delinquency calculation and the
owner has been notified; (b) the property owner is 90 days or more delinquent on
tax payments; (c) under state, local, or tribal law, foreclosure proceedings have
been initiated or completed; or (d) foreclosure proceedings have been completed
and title has been transferred to an intermediary aggregator or servicer that is not
an NSP -3 grantee, contractor, subrecipient, developer, or end user.
9. "HERA" means the Neighborhood Stabilization Program ( "NSP -3 ") found in Title III
of Division B of the Housing and Economic Recovery Act of 2008, as amended.
10. "HUD" means the United States Department of Housing and Urban Development.
11. "Land bank" means a governmental or nongovernmental nonprofit entity
established, at least in part, to assemble, temporarily manage, and dispose of
vacant land for the purpose of stabilizing neighborhoods and encouraging re -use or
redevelopment of urban property. For the purposes of the NSP -3, a land bank will
operate in a specific, defined geographic area. It will purchase properties that have
been abandoned or foreclosed upon and maintain, assemble, facilitate
redevelopment of, market, and dispose of the land- banked properties. If the land
bank is a governmental entity, it may also maintain abandoned or foreclosed
property that it does not own, provided it charges the owner of the property the full
cost of the service or places a lien on the property for the full cost of the service.
12. "LMMI" is a HUD - defined term incorporating households with eligible incomes (at or
below 120% of area median, based on household size and county), including low -,
moderate -, and middle- income, in referring to the national objective of the CDBG
program.
13. "Low- Income Set - Aside" refers to the HERA requirement that not less than 25
percent of the funds NSP -3 funds to the GRANTEE shall be used for the purchase
and redevelopment of abandoned or foreclosed upon homes or residential
properties that will provide permanent housing to individuals or families whose
incomes do not exceed 50 percent of area median income.
14. "NSP -3 Notice" refers to the alternative requirements for NSP -3 issued by HUD in
the Federal Register on October 6, 2008, as modified in the Bridge Notice issued on
June 19, 2009, and the Unified Notice issued on October 19, 2010.
15. "NSP -3 Funds" mean those funds to be provided by the GRANTEE pursuant to the
terms of this Agreement, as specified in Section II of this Agreement.
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4/10/2012 Item 11.E.
16. "Program Income" means the NSP -3 portion of any proceeds received by the
DEVELOPER and repaid to the GRANTEE.
17. "PROJECT" means the activities described in Exhibit A of this Agreement which are
to be carried out to meet the objectives of the NSP -3.
18. "Purchase Discount" means the minimum discount percentage from the current
market- appraised value under which a property may be purchased. Under HUD
Notice FR- 5255 —N -02, the purchase discount for NSP -3 is "at least 1 percent from
the current market - appraised value of the home or property."
19. "Vacant properties" includes both vacant land and properties with vacant structures
on the land.
II. Terms and Conditions of the Funding
A. Funding Amount — NSP -3 Funds in the amount of Three Million Four Hundred Ninety Five
Thousand Seven Hundred Forty Nine and 00/100 Dollars ($3,495,749) are obligated for
use in compliance with this agreement, as reflected in the budget in Exhibit B.
1. These amounts represent an allocation of the GRANTEE's total NSP -3 funding
contingent upon DEVELOPER performance and not an entitlement to a certain
grant amount, and shall only be disbursed for approved projects and costs.
2. Approved budget — The approved budget is attached to this agreement as Exhibit B.
It is understood and agreed that funds will be used according to the approved
budget. DEVELOPER may reallocate up to 10% of the Total NSP -3 Funding for
increases or decreases in individual line items of the budget. Reallocations of
more than 10% require GRANTEE approval.
B. Use of Funds — NSP -3 funds obligated under this agreement may be used as follows:
1. No Commitment or Expenditure Prior to Environmental Clearance — This obligation
of NSP -3 funds is conditional upon satisfactory completion of environmental review
under 24 CFR Part 58 as provided in Section VIII below. Notwithstanding any
provision of this Agreement, the parties hereto agree and acknowledge that this
Agreement does not constitute a commitment of funds or site approval, and that
such commitment of funds or approval may occur only upon satisfactory completion
of environmental review and receipt by GRANTEE of a release of funds from the
U.S. Department of Housing and Urban Development under 24 CFR Part 58. The
parties further agree that the provision of any funds to the project is conditioned on
GRANTEE's determination to proceed with, modify or cancel the project based on
the results of environmental review. Further, the DEVELOPER will not undertake
or commit any funds to physical or choice - limiting actions, including property
acquisition, demolition, movement, rehabilitation, conversion, repair or construction
prior to the environmental clearance, and understands that violation of this provision
may result in the denial of any funds under the agreement.
2. Eligible Activities — Funds may be used for the NSP -3 eligible activities that are
checked below. The number of properties listed is a minimum and is not intended to
provide a limit on the number of properties that may be acquired through this
Agreement:
® Acquisition 27 abandoned or foreclosed single -
family properties
❑ Rehabilitation /reconstruction # acquired abandoned or foreclosed
❑ New construction # vacant properties
3. Eligible Properties — Properties must meet the following conditions to be considered
eligible under this Agreement:
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4/10/2012 Item 11.E
a. Must be located in an NSP -3 Target Area as identified in Exhibit A.
b. Must have no substantial adverse environmental factors as determined by an
environmental review.
Must have only one dwelling unit on site; acquisition or two- family or other
mixed owner - rental properties require GRANTEE advance approval in writing
and compliance with NSP -3 rental restrictions.
d. Must otherwise be in suitable locations for marketing and resale to low- and
moderate - income homebuyers.
e. Must be unoccupied and have no personal possessions on site, unless
GRANTEE approves acquisition of an occupied property and stipulates
compliance with relocation requirements in Section VIII.
Must be eligible for acquisition under NSP -3 as foreclosed or abandoned or
vacant.
4. Activity Limitations — In implementing projects, DEVELOPER shall undertake only
those activities permitted by this agreement, and comply with all provisions of this
agreement, including the project requirements in Section III, as they may be
modified by HUD. In particular
a. Acquisition —No acquisitions may occur without environmental clearance, and
determination of the applicability of URA provisions.
b. Demolition — Primary structures on properties acquired or contributed may not
be demolished unless they are declared as blighted by GRANTEE. Such
declarations by GRANTEE shall be made in conformance with the definition
contained in Section 163.340(8), Florida Statutes.
C. Cost Limits — All uses of funds are subject to the approval of the GRANTEE.
Cost Limits on Individual Units — The cost and assistance limits checked below
apply to every unit assisted with NSP -3 funds under this agreement:
® Developer fee allowed per dwelling unit $10,000
D. Deadlines — Timely completion of the work specified in this agreement is an integral and
essential part of performance. The NSP -3 funds are subject to Federal deadlines and
failure to comply could result in the loss of the Federal funds. By the acceptance and
execution of this agreement, it is understood and agreed by the DEVELOPER that the
PROJECT will be completed as expeditiously as possible and that the DEVELOPER will
make every effort to ensure that the project will proceed and will not be delayed. Failure
to meet these deadlines can result in cancellation of this contract and the revocation of
NSP -3 funds.
1. Project Expenditure Deadlines — All project activities and all expenditures of NSP -3
funds must be completed by March 11, 2014. If checked the additional deadlines
apply to project expenditures:
® 50% of NSP -3 funds expended and 03/11/2013
drawn by
® 100% of NSP -3 funds expended and 03/11/2014
drawn by
2. The DEVELOPER expressly agrees to complete all work required by this agreement
in accordance with the timetable set forth in Exhibit B and as provided above.
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4/10/2012 Item 11.E
a. If DEVELOPER fails to obligate or expend NSP -3 funds as indicated in this
agreement, GRANTEE in its sole discretion may recapture a portion or all of
the DEVELOPER's total NSP -3 funding allocation.
b. Changes to the timetable may be approved by the GRANTEE, in the event the
DEVELOPER is unable to meet the above deadlines or complete the above
services because of delays resulting from Acts of God, untimely review and
approval by the GRANTEE and other governmental authorities having
jurisdiction over the PROJECT, or other delays that are not caused by the
DEVELOPER, the GRANTEE shall grant a reasonable extension of time for
completion of the WORK. It shall be the responsibility of the DEVELOPER to
notify the GRANTEE promptly in writing whenever a delay is anticipated or
experienced, and to inform the GRANTEE of all facts and details related to the
delay. However, GRANTEE may not provide extensions beyond deadlines
imposed by HUD.
3. Since it is mutually agreed that time is of the essence, the DEVELOPER shall cause
appropriate provisions to be inserted in all contracts or subcontracts relative to the
work tasks required by this agreement, in order to ensure that the PROJECT will be
completed according to the timetable set forth in this agreement.
E. Sale to Buyers — All units acquired under this agreement shall be sold to eligible buyers in
accordance with the provisions of this section.
1. Eligible Buyers — Eligible homebuyers must be determined to be income - eligible in
compliance with the limit checked below.
® Middle Income — less than 120% of Area Median 12
Income properties
® Moderate Income — less than 80% of Area Median 8
Income properties
® Low Income — less than 50% of Area Median 7
Income properties
2. Sales Price — Sales prices must be in compliance with the price limits in Section
1115, and the sales price of each property must be approved by GRANTEE.
3. Income Certification and Documentation — Every purchaser shall be determined to
be eligible according to the requirements at 24 CFR 570.5.
4. Net Proceeds of Sale — Upon sale of an NSP -3- funded home, from the net proceeds
of the sale after payment of all closing costs and approved developer fees,
DEVELOPER will retain all net proceeds for future use. Such future use must be for
an NSP - eligible activity.
III. Project Requirements
The DEVELOPER agrees to comply with all requirements of the NSP -3 as stated in the NSP -3
Notice and CDBG regulations, including but not limited to the following:
A. NSP -3 Eligible Use, CDBG National Objective and Eligible Activities — The DEVELOPER
will ensure and document that its NSP -3 activities meet LMMI national objective, eligible
use, allowable cost, and eligible activity requirements of the NSP -3 Notices & CDBG
Regulations. The DEVELOPER will ensure that any expenditure of NSP -3 funds will be in
compliance with the requirements, and acknowledges that NSP -3 funds will only be
provided as reimbursement for eligible costs incurred, including actual expenditures or
PaaP 5 nf 39
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4/10/2012 Item 11.E .
invoices for work completed.
B. Property Acquisition — If any foreclosed -upon homes or residential properties are to be
acquired with NSP -3 funds, the DEVELOPER will acquire property with NSP -3 funds at a
minimum discount of one percent from fair market value for each residential property.
This requirement applies to foreclosed properties purchased with NSP -3 funds, and the
discount must be taken from the current market appraised value as described in the NSP -
3 NOFA.
Eligible properties — HERA and NSP -3 limits the properties that are eligible for
assistance to certain locations and types of properties (depending on the Eligible
Use.) Eligible property types and locations are listed in Exhibit A. If the
DEVELOPER has proposed to undertake any activities subject to the NSP -3 Low -
Income Set - Aside, these activities may only be undertaken on foreclosed or
abandoned residential property.
2. Prohibition against eminent domain — The DEVELOPER will not undertake any
involuntary acquisition of property with NSP -3 funds without prior written consent of
the GRANTEE and written opinion of counsel that such acquisition is lawful.
3. Appraisal — Appraisals funded with NSP -3 funds are required for all foreclosed
properties. Exceptions to this requirement may be approved by the GRANTEE.
a. NSP -3 requires appraisals to be performed with respect to the NSP -3 funded
acquisition of foreclosed upon homes and residential properties, even though
they may be considered voluntary under the URA. The GRANTEE further
requires an appraisal for all NSP -3- assisted acquisitions of property to ensure
cost reasonableness.
b. The URA appraisal requirements of 49 CFR 24.103 must be met. For
acquisitions which meet the applicable voluntary acquisition requirements of
49 CFR 24.101(b), the DEVELOPER must ensure that the owner is informed
in writing of what it believes to be the market value of the property, and that
the DEVELOPER will not acquire the property if negotiations fail to result in a
an amicable agreement (see 49 CFR 24.101(b)(1) & (b)(2)).
C. The appraisal must have been completed within 60 days of the offer made for
the property (an initial offer can be made, subject to the completion of the
appraisal within 60 days of a final offer).
4. Occupied properties — If the PROJECT is occupied at the time of this commitment,
the DEVELOPER will comply with the relocation requirements of 24 CFR 570.606.
5. Purchase Discounts — HERA requires all NSP -3- assisted acquisitions of foreclosed
property to be at a discount from the current market appraised value of the property,
taking into account its current condition, and such discount shall ensure that the
DEVELOPER is paying below- market value for the home or property. A minimum
discount of 1 percent less than current market appraised value for each property
purchased with NSP -3 funds is required for all acquisitions funded with NSP -3. The
address, appraised value, purchase offer amount, and discount amount of each
foreclosed property purchase must be documented in the DEVELOPER's records.
C. Demolition — The DEVELOPER may demolish major or convert units from non - residential
uses only with the prior written permission of GRANTEE.
D. Construction /rehabilitation — For any construction or rehabilitation in this project,
DEVELOPER will comply with the provisions of Section VII. If this project involves the
construction or rehabilitation of properties with 8 or more units, the DEVELOPER shall
comply with the provisions of the Davis -Bacon Act and regulations (29 CFR, Part 5), as
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4/10/2012 Item 11.E
amended. If the building or commonly owned development (e.g. condo or townhouse)
has 8 or more units, Davis Bacon is applicable, even if NSP -3 funds only treat one unit.
E. Property Standards — The DEVELOPER will carry out all NSP -3- assisted activities in
accordance with applicable laws, codes, and other requirements relating to housing
safety, quality, and habitability, in order to sell, rent, or redevelop such homes and
properties.
1. Rehabilitation Standards — DEVELOPER will carry out all NSP -3- assisted
rehabilitation of a foreclosed -upon home or residential property in compliance with
the rehabilitation standards in the GRANTEE's NSP -3 substantial amendment, and
in accordance with applicable laws, codes, and other requirements relating to
housing safety, quality, and habitability.
2. Lead -based paint — The DEVELOPER agrees that any construction or rehabilitation
of residential structures with assistance provided under this Agreement shall be
subject to HUD Lead -Based Paint Regulations at 24 CFR 570.487 or 24 CFR
570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all NSP -3-
assisted housing and require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may
include lead -based paint. Such notification shall point out the hazards of lead -
based paint and explain the symptoms, treatment and precautions that should be
taken when dealing with lead -based paint poisoning and the advisability and
availability of blood lead level screening for children under seven. The notice
should also point out that if lead -based paint is found on the property, abatement
measures may be undertaken. The regulations further require that, depending on
the amount of Federal funds applied to a property, paint testing, risk assessment,
treatment and /or abatement may be conducted.
3. Accessibility — The DEVELOPER shall work with any homebuying household that
includes a person with disabilities to provide accessibility modifications required
under the policy of reasonable accommodations and reasonable modifications. All
such modifications shall be considered to be eligible NSP -3 costs under this
agreement.
F. Maximum Sales Price — The final sales price shall not exceed the amount permitted by the
NSP -3 requirements listed below:
1. If an abandoned or foreclosed upon home or residential property is to be sold to an
individual as a primary residence, no profit may be earned on such sale.
2. HERA Section 2301(d)(2) directs that the sale of such property shall be in an
amount equal to or less than the'cost to acquire and redevelop or rehabilitate such
home or property up to a decent, safe, and habitable condition. Further, the sale
price must be the lesser of the post - development fair market value or the
acquisition /redevelopment cost.
3. The maximum sales price for a property is determined by aggregating all costs of
acquisition, rehabilitation, and redevelopment (including related activity delivery
costs, which generally include, among other things, costs related to the sale of
property).
4. In determining the sales price, the GRANTEE will NOT consider the costs of
boarding up, lawn mowing, maintaining the property in a static condition, or, in the
absence of NSP -3- assisted rehabilitation or redevelopment, the costs of completing
a sales transaction or other disposition to be redevelopment or rehabilitation costs.
G. Sale and Occupancy — All of the funds made available under this Agreement shall be
used with respect to:
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1. Buyer Qualification — All buyers of NSP -3- assisted units shall be individuals and
families whose incomes do not exceed 120% of area median income (referred to as
"low -, moderate- and middle- income ", or LMMI). DEVELOPER shall verify and
document income eligibility of all buyers in compliance with 570.203(a) definition of
"Income."
a. Low - Income Set -Aside (if applicable) — If applicable, the DEVELOPER must
expend at least the amount of set -aside funding identified in Exhibit A of this
Agreement to create permanent housing for households with incomes at or
below 50% of area median. The DEVELOPER may choose to expend more
than the set -aside amount from NSP -3 funds allocated within Eligible Uses A
and B, but within the total NSP -3 award covered by this agreement, and doing
so will not require an amendment to this Agreement.
2. Counseling Requirement — Each NSP -3- assisted homebuyer is required to complete
at least eight hours of homebuyer counseling from a HUD - approved housing
counseling agency or a counselor approved by the GRANTEE.
3. First Mortgage — DEVELOPER must ensure that homebuyers obtain a mortgage
loan from a lender who agrees to comply with the bank regulators' guidance for non-
traditional mortgages. DEVELOPERS are prohibited from permitting homebuyers
to obtain subprime mortgages for whom such mortgages are inappropriate.
4. Affordability Period — All NSP -3- assisted units must adhere to the affordability
provisions as listed in Exhibit A, which is based upon the total amount of NSP -3
funds provided per unit.
a. Affordability periods must be enforced utilizing a mortgage, promissory note
and, where applicable, deed restriction.
b. The Affordability Period is a minimum standard, and DEVELOPER may
propose a longer Affordability Period.
5. NSP -3 Note and Mortgage — For any units that are to be owner - occupied, the
DEVELOPER shall assure that any NOTES and MORTGAGES recorded for NSP -3
buyers shall be in compliance with the GRANTEE's Substantial Amendment to its
Consolidated Plan, in the form prescribed by or acceptable to the GRANTEE.
H. Project Monitoring and Recordkeeping — The DEVELOPER will be monitored by the
GRANTEE for compliance with the NSP -3 requirements and the applicable CDBG
regulations of 24 CFR Part 570. The DEVELOPER will provide reports and access to
project files, including homebuyer files, as requested by the GRANTEE during the
PROJECT and for Five (5) years after completion and closeout of the AGREEMENT as
required under Section IX of this Agreement.
IV. GRANTEE Responsibilities
A. GRANTEE is responsible for the following tasks and deliverables.
B. The GRANTEE shall furnish the DEVELOPER with information regarding requirements for
the project, including any changes in NSP -3 regulations or program limits that affect the
project, including but not limited to income limits.
C. Environmental Review — GRANTEE will complete environmental assessments and provide
clearances for all NSP -3 target areas, as well as approvals of site - specific environmental
reviews. DEVELOPER will provide all information required by GRANTEE.
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D. Homebuyer Counseling — DEVELOPER will contract ensure that homebuyers are provided
pre - purchase counseling and homebuyer education to prospective homebuyers.
E. Inspecitions — The GRANTEE will conduct progress inspections of work completed and
review of project files and information to protect its interests as lender and regulatory
authority for the project, and will provide information to the DEVELOPER regarding any
progress inspections or monitoring to assist it in ensuring compliance. The GRANTEE's
review and approval of the WORK will relate only to overall compliance with the general
requirements of this Agreement and NSP -3 requirements, and all GRANTEE regulations
and ordinances.
F. Disbursements — GRANTEE will manage all draws of NSP -3 funds from HUD and
payment of valid and properly documented draw requests from DEVELOPER. The
GRANTEE will disburse funds as provided in Section IV of this Agreement. GRANTEE
will process requests for disbursements of NSP -3 funds, including necessary construction
inspections, in a timely manner. GRANTEE will clearly and promptly describe any
deficiencies identified by GRANTEE that prevent a disbursement or portion of a
disbursement from being approved.
G. Reporting — GRANTEE will report to HUD via the Disaster Recovery Grant Reporting
System (DRGR) system and on www.FederaiReporting.gov in a timely manner as required
by HUD.
H. Monitoring — GRANTEE will monitor all program activities of DEVELOPER to assure
compliance with the terms of this Agreement including all NSP -3 requirements.
Nothing contained herein shall relieve the DEVELOPER of any responsibility as provided
under this Agreement.
V. Disbursement of Funds
A. Project expenses (excluding developer fee) shall be paid based on vouchers for actual
expenses incurred or paid. All such expenses shall be in conformance to the approved
project budget. Budget revision and approval shall be required prior to payment of any
expenses not conforming to the approved project budget.
B. Requests for payment must be submitted by the DEVELOPER on forms specified by the
GRANTEE, with adequate and proper documentation of eligible costs incurred in
compliance with NSP -3 and CDBG rules. The DEVELOPER agrees to submit requests
for payment in a timely manner in the form and times directed by the GRANTEE.
C. The GRANTEE will pay to the DEVELOPER funds available under this Agreement based
upon information submitted by the DEVELOPER and consistent with any approved budget
and GRANTEE policy concerning payments. Payments will be made for eligible NSP -3
related expenses actually incurred by the DEVELOPER, and will not exceed actual cash
requirements. In addition, the GRANTEE reserves the right to liquidate funds available
under this contract for costs incurred by the GRANTEE on behalf of the DEVELOPER.
D. Funds will be drawn through the Disaster Recovery Grant Reporting (DRGR) system,
which generally provides access to grant funds within 3 working days of an electronically
submitted request by the GRANTEE. To ensure expeditious implementation of activities,
GRANTEE will draw funds from DRGR and make payment to the DEVELOPER promptly
on receipt of the DEVELOPER's complete and properly submitted requests for payment
for activities under this agreement, if feasible.
E. The NSP -3 funds advanced to the Project will be secured by a note and mortgage on the
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property, which shall be released upon sale to an eligible buyer.
F. The GRANTEE reserves the right to inspect records and project sites to determine that
reimbursement and compensation requests are reasonable. The GRANTEE also
reserves the right to hold payment until adequate documentation has been provided and
reviewed.
G. The DEVELOPER may submit a final invoice upon completion. Final payment shall be
made after the GRANTEE has determined that all services have been rendered, files and
documentation delivered, and units have been placed in service in full compliance with
NSP -3 regulations, including submission of a completion report and documentation of
eligible occupancy, property standards and long -term use restrictions.
H. The GRANTEE shall pay the DEVELOPER, as maximum compensation or FEE for the
developer services as provided in the approved Budget in Exhibit B. If multiple projects
or buildings are involved, the developer fee may be pro -rated to each building or project,
and the applicable percentage may be applied to each.
I. The DEVELOPER shall retain any net proceeds of sales, after the payment of all closing
costs and approved developer fee, under this contract, and shall comply with the following
(as checked):
® The DEVELOPER may reuse such net proceeds of sale for NSP -3- eligible
activities..
❑ The DEVELOPER shall return the net proceeds of each sale to the
GRANTEE at each closing.
VI. Repayment of Funds
A. All NSP -3 funds are subject to repayment in the event the PROJECT does not meet the
Project Requirements and Other Requirements as outlined in this Agreement, including
deadlines.
B. It is understood that, upon the completion of the PROJECT, any NSP -3 funds obligated
but not expended under this agreement will revert to the GRANTEE.
C. Prior to each closing or sale to an eligible buyer, the DEVELOPER will provide to the
GRANTEE the estimated settlement statement, along with a reconciliation statement and
the draft note and mortgage.
VII. Contracting, Labor & Hiring Provisions
During the performance of this contract, the DEVELOPER agrees as follows:
A. The DEVELOPER will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin(s). The DEVELOPER will take
affirmative action to ensure the applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, sex or national origin(s).
Such action shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
The DEVELOPER agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer of the
GRANTEE setting forth the provisions of this nondiscrimination clause.
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B. The DEVELOPER will, in all solicitations or advertisements for employees placed by or on
behalf of the DEVELOPER, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
C. The DEVELOPER will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
D. The DEVELOPER will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to its books, records, and accounts
by the AGENCY and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and order.
In the event the DEVELOPER is found to be in noncompliance with the
nondiscrimination clauses of this contract or with any of such rules, regulations or
orders, this contract may be canceled, terminated or suspended in whole or in part
and the DEVELOPER may be declared ineligible for further Government contracts
in accordance with procedures authorized in Executive Order 11246 of September
24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965 or by rule, regulations, or
order of the Secretary of Labor or as otherwise provided by law.
E. The DEVELOPER will include the provisions of this Section in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The DEVELOPER will
take such action with respect to any subcontract or purchase order as the AGENCY may
direct as a means of enforcing such provisions, including sanctions for noncompliance;
provided, however, that in the event the DEVELOPER becomes involved in, or is
threatened with litigation with a subcontractor or vendor as a result of such direction by
the AGENCY, the DEVELOPER may request the United States to enter into such litigation
to protect the interest of the United States.
F. The DEVELOPER agrees to comply with the non - discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR
570.607, as revised by Executive Order 13279. The applicable non - discrimination
provisions in Section 109 of the HCDA are still applicable.
G. The DEVELOPER agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis -Bacon Act, as amended, the provisions of Contract Work
Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal,
state and local laws and regulations pertaining to labor standards insofar as those acts
apply to the performance of this Agreement.
H. The DEVELOPER agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874
et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part
5. The DEVELOPER shall maintain documentation that demonstrates compliance with
hour and wage requirements of this part. Such documentation shall be made available to
the GRANTEE for review upon request.
The DEVELOPER will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to
participate in the performance of this contract. As used in this contract, the terms "small
business" means a business that meets the criteria set forth in Section 3(a) of the Small
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Business Act, as amended. (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty -one (51) percent owned and controlled by
minority group developers or women. The DEVELOPER may rely on written
representations by businesses regarding their status as minority and women -owned
business enterprises in lieu of an independent investigation.
J. The DEVELOPER agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all contractors engaged under
contracts in excess of $2,000.00 for construction, renovation or repair work financed in
whole or in part with assistance provided under this contract, shall comply with Federal
requirements adopted by the GRANTEE pertaining to such contracts and with the
applicable requirements of the regulations of the Department of Labor, under 29 CFR
Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees
to journey workers; provided that, if wage rates higher than those required under the
regulations are imposed by state or local law, nothing hereunder is intended to relieve the
DEVELOPER of its obligation, if any, to require payment of the higher wage. The
DEVELOPER shall cause or require to be inserted in full, in all such contracts subject to
such regulations, provisions meeting the requirements of this paragraph. The
DEVELOPER shall comply with the provisions of the Copeland Anti - Kick -Back Act (18
U.S.C. 874) as supplemented in Labor Regulations (29 CFR Part 3), as amended.
K. Compliance with the provisions of Section 3 of the Housing and Urban Development Act
of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135,
and all applicable rules and orders issued hereunder prior to the execution of this contract,
shall be a condition of the Federal financial assistance provided under this contract and
binding upon the GRANTEE, the DEVELOPER and any of the DEVELOPER's contractors
and subcontractors. The DEVELOPER certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The DEVELOPER further agrees to comply with these Section 3 requirements and
to include the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a
program providing direct Federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to low- and very low- income
residents of the project area, and that contracts for work in connection with the.
project be awarded to business concerns that provide economic opportunities for
low- and very low- income persons residing in the metropolitan area in which the
project is located."
2. The DEVELOPER further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction
and abatement of lead -based paint hazards), housing construction, or other public
construction project are given to low- and very low- income persons residing within
the metropolitan area in which the NSP -3- funded project is located; where feasible,
priority should be given to low- and very low- income persons within the service area
of the project or the neighborhood in which the project is located, and to low- and
very low- income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation (including reduction and
abatement of lead -based paint hazards), housing construction, or other public
construction project to business concerns that provide economic opportunities for
low- and very low- income persons residing within the metropolitan area in which the
NSP -3- funded project is located; where feasible, priority should be given to business
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concerns that provide economic opportunities to low- and very low- income residents
within the service area or the neighborhood in which the project is located, and to
low- and very low- income participants in other HUD programs.
3. The DEVELOPER further warrants and agrees to include or cause to be included
the criteria and requirements of this Section in every non - exempt subcontract in
excess of $100,000. The DEVELOPER also agrees to take such action as the
federal, state or local government may direct to enforce aforesaid provisions.
VIII. Compliance with Other Federal, State & Local Laws
A. The DEVELOPER covenants and warrants that it will comply with all applicable laws,
ordinances, codes, rules and regulations of the state local and federal governments, and
all amendments thereto.
B. Environmental review — All NSP -3 assistance is subject to the National Environmental
Policy Act of 1969 and related federal environmental authorities and regulations at 24
CFR Part 58.
1. No NSP -3 project funds will be disbursed, and no costs can be incurred, until the
GRANTEE has conducted an environmental review of the proposed project site as
required under 24 CFR Part 58. The environmental review may result in a decision
to proceed with, modify or cancel the project. Notwithstanding any provision of this
Agreement, the parties hereto agree and acknowledge that this Agreement does not
constitute a commitment of funds or site approval, and that such commitment of
funds or approval may occur only upon satisfactory completion of environmental
review and receipt by the GRANTEE of a release of funds from the U.S. Department
of Housing and Urban Development under 24 CFR Part 58.
2. Further, the DEVELOPER will not undertake or commit any funds to physical or
choice - limiting actions, including property acquisition, demolition, movement,
rehabilitation, conversion, repair or construction prior to the environmental
clearance, and must indicate that the violation of this provision may result in the
denial of any funds under the agreement.
3. A copy of the Environmental Review Record shall be maintained by both the
DEVELOPER and the GRANTEE.
C. Flood Disaster Protection — In accordance with the requirements of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001), the DEVELOPER shall assure that for activities
located in an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained as a condition of financial assistance for acquisition
or construction purposes (including rehabilitation.)
D. Historic Preservation — The DEVELOPER agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic
Preservation Procedures for Protection of Historic Properties, insofar as they apply to the
performance of this agreement.
E. Relocation — The DEVELOPER agrees to comply with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing
regulations at 49 CFR Part 24; 24 CFR Part 42 — Displacement, Relocation Assistance
and Real Property Acquisition for HUD and HUD Assisted Programs; and 24 CFR
570.606 — Displacement, relocation acquisition, and replacement of housing, as may be
amended by the NSP -3 NOFA. The DEVELOPER also agrees to comply with applicable
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GRANTEE or local ordinances, resolutions and policies concerning the displacement of
persons.
To meet these requirements, the owner of record must be notified in writing that
Federal financial assistance will be used in the transaction and that if agreement
cannot be reached through negotiation, that the acquisition will not take place.
There are specific URA voluntary acquisition requirements that must be met
depending on whether or not the buyer has the power of eminent domain and will
not use it (see 49 CFR 24.101(b)(1)(i) -(iv)) or if the buyer does not have the power
of eminent domain (see 49 CFR 24.101(b)(2)). Any acquisition under possible threat
of eminent domain, cannot be considered a "voluntary acquisition" (even if the seller
is willing to negotiate).
2. The relocation provisions of the Uniform Relocation Act apply to NSP -3 funds. An
unlawful occupant (see 49 CFR 24.2(a)(29)) who is displaced for an NSP -3- funded
acquisition will not be entitled to relocation assistance and payments. However, a
lawful occupant displaced for an NSP -3- funded acquisition will generally be eligible
for relocation assistance and payments under URA. The DEVELOPER shall
provide appropriate relocation assistance (URA or Section 104(d)) to eligible
displaced persons as defined by applicable HUD and /or URA regulations that are
displaced as a direct result of acquisition, rehabilitation, demolition or conversion for
an NSP -3- assisted project.
F. The DEVELOPER agrees to comply with applicable state and local civil rights ordinances
and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights
Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and
Community Development Act of 1974 as amended (the HCDA), Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age
Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086, and will include the
provisions in every subcontract or purchase order, specifically or by reference, so that
such provisions will be binding upon each of its contractors and subcontractors.
G. The DEVELOPER agrees to comply with all applicable standards, orders, or requirements
issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the
Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection
Agency regulations (40 CFR part 15).
H. The DEVELOPER agrees that no funds provided, nor personnel employed under this
Agreement, shall be in any way or to any extent engaged in the conduct of political
activities in violation of Chapter 15 of Title V of the United States Code. The
DEVELOPER is prohibited from using funds provided herein or personnel employed in the
administration of the program for inherently religious activities, lobbying, political
patronage, and nepotism activities.
I. Conflict of Interest — The provisions of 24 CFR 570.611, apply to the award of any
contracts under the agreement and the selection of buyers for NSP -3- assisted units. No
member or Delegate to the Congress of the United States shall be permitted to any share
or part of this contract or any benefit herefrom. No member, officer or employee of the
GRANTEE; or its designees, or agents; or member of the GRANTEE Council of the
GRANTEE; and no other public official of the GRANTEE who exercises any functions or
responsibilities with respect to the program during his tenure or for one (1) year thereafter,
shall have any interest direct or indirect, in any contract or subcontract, or the proceeds
thereof, for work to be performed under this agreement. Exceptions must be requested by
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the DEVELOPER and the AGENCY may grant exceptions as permitted by Regulation.
IX. Reporting, Monitoring & Access to Records
A. The DEVELOPER agrees to submit any and all reports required by HUD or the
GRANTEE. Additional reporting information is contained in Exhibit A -4 through A -7,
inclusive.
B. The DEVELOPER shall collect and maintain Project beneficiary information pertaining to
household size, income levels, racial characteristics, and the presence of Female Headed
Households in order to determine low and moderate - income benefit in a cumulative and
individual manner. Income documentation shall be in a form consistent with NSP -3
requirements.
C. The DEVELOPER agrees to provide the GRANTEE access to records and projects at any
time during project implementation or for five years after project closeout for purposes of
verifying compliance with NSP -3 requirements and this agreement. Access shall be
immediately granted to the GRANTEE, HUD, the Comptroller General of the United
States, or any of their duly authorized representatives to any books, documents, papers,
and records of the DEVELOPER or its contractors which are directly pertinent to that
specific contract for the purpose of making audit, examination, excerpts, and
transcriptions.
D. The GRANTEE reserves the right to audit the records of the DEVELOPER any time
during the performance of this Agreement and for a period of five years after final payment
is made under this Agreement. If required by A -133, the DEVELOPER will provide the
GRANTEE with a certified audit of the DEVELOPER's records representing the Fiscal
Year during which the PROJECT becomes complete.
E. Project Closeout — The DEVELOPER's obligation to the GRANTEE shall not end until all
close -out requirements are completed. Activities during this close -out period shall
include, but are not limited to: making final payments, accounting for use of funds,
provision of all reports and records required by the GRANTEE.
X. Suspension & Termination
In accordance with 24 CFR 85.43, suspension or termination may occur if the DEVELOPER
materially fails to comply with any term of the award, and that the award may be terminated for
convenience in accordance with 24 CFR 85.44.
A. If the DEVELOPER fails in any manner to fully perform and carry out any of the terms,
covenants, and conditions of the agreement, or if the DEVELOPER refuses or fails to
proceed with the work with such diligence as will insure its completion within the time fixed
by the schedule set forth in this agreement, the DEVELOPER shall be in default and
notice in writing shall be given to the DEVELOPER of such default by the GRANTEE or an
agent of the GRANTEE. If the DEVELOPER fails to cure such default within such time as
may be required by such notice, the GRANTEE, acting by and through the GRANTEE,
may, at its option, terminate and cancel the contract.
In the event of such termination, all funds awarded to the DEVELOPER pursuant to
this agreement shall be immediately revoked and any approvals related to the
PROJECT shall immediately be deemed revoked and canceled. In such event, the
DEVELOPER will no longer be entitled to receive any compensation for work
undertaken after the date of the termination of this agreement, as the grant funds
will no longer be available for this project.
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2. In such event, the DEVELOPER shall be entitled to receive just and equitable
compensation for any work satisfactorily completed hereunder to the date of said
termination.
3. Notwithstanding the above, the DEVELOPER shall not be relieved of liability to the
GRANTEE for damages sustained by the GRANTEE by virtue of any breach of the
contract by the DEVELOPER and the GRANTEE may withhold any payments to the
DEVELOPER for the purpose of setoff until such time as the exact amount of
damages due the GRANTEE from the DEVELOPER is determined whether by court
of competent jurisdiction or otherwise.
4. Such termination shall not effect or terminate any of the rights of the GRANTEE as
against the DEVELOPER then existing, or which may thereafter accrue because of
such default, and the foregoing provision shall be in addition to all other rights and
remedies available to the GRANTEE under the law and the note and mortgage (if in
effect), including but not limited to compelling the DEVELOPER to complete the
project in accordance with the terms of this agreement, in a court of equity.
5. The waiver of a breach of any term, covenant or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term, covenant, or
condition hereof.
B. The GRANTEE may terminate for its convenience this contract at any time by giving at
least thirty (30) days notice in writing to the DEVELOPER. If the contract is terminated by
the GRANTEE, as provided herein, the GRANTEE will reimburse for any actual and
approved expenses incurred, including those costs involved in terminating the contracts
and shutting down the work as of the date of notice, and the DEVELOPER will be paid as
a FEE an amount which bears the same ratio to the total compensation as the services
actually performed bear to the total service of the DEVELOPER covered by this contract,
less payments of compensation previously made. Claims and disputes between the
parties will be submitted to the American Arbitration Association for resolution. Award or
judgment may be entered in any court having jurisdiction thereof.
A. General Conditions
A. All notices or other communication which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by personal service, or by registered
mail addressed to the other party at the address indicated herein or as the same may be
changed from time to time. Such notice shall be deemed given on the day on which
personally served; or, if by mail, on the fifth day after being posted or the date of actual
receipt, whichever is earlier.
GRANTEE
Collier County Board of County Commissioners
ATTN: Housing, Human and Veteran Services
3339 Tamiami Trail E, Suite 211
Naples, Florida 34112
DEVELOPER
Habitat for Humanity of Collier County, Inc.
11145 Tamiami Trail East
Naples, Florida 34113
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B. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
C. In the event of conflict between the terms of this Agreement and any terms or conditions
contained in any attached documents, the terms in this Agreement shall rule.
D. No waiver or breach of any provision of this Agreement shall constitute a waiver of a
subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
E. The GRANTEE's failure to act with respect to a breach by the DEVELOPER does not
waive its right to act with respect to subsequent or similar breaches. The failure of the
GRANTEE to exercise or enforce any right or provision shall not constitute a waiver of
such right or provision.
F. The parties hereto agree that this Agreement shall be construed and enforced according
to the laws of the State of Florida.
G. Should any provisions, paragraphs, sentences, words or phrases contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of Florida or the GRANTEE, such
provisions, paragraphs, sentences, words or phrases shall be deemed modified to the
extent necessary in order to conform with such laws, or if not modifiable to conform with
such laws, then same shall be deemed severable, and in either event, the remaining
terms and provisions of this Agreement shall remain unmodified and in full force and
effect.
H. The obligations undertaken by DEVELOPER pursuant to this Agreement shall not be
delegated or assigned to any other person or agency unless GRANTEE shall first consent
to the performance or assignment of such service or any part thereof by another person or
agency.
I. The Agreement shall be binding upon the parties hereto, their heirs, executors, legal
representative, successors and assigns.
J. DEVELOPER shall indemnify and save GRANTEE harmless from and against any
negligent claims, liabilities, losses and causes of action which may arise out of
DEVELOPER's activities under this Agreement, including all other acts or omissions to act
on the part of DEVELOPER, including any person acting for or on its behalf, and, from
and against any orders, judgments, or decrees which may be entered and from and
against all costs, attorneys fees, expenses and liabilities incurred in the defense of any
such claims, or in the investigation thereof.
K. DEVELOPER and its employees and agents shall be deemed to be independent
contractors, and not agents or employees of the GRANTEE, and shall not attain any rights
or benefits under the civil service or pension ordinances of the GRANTEE, or any rights
generally afforded classified or unclassified employee; further they shall not be deemed
entitled to state Compensation benefits as an employee of the GRANTEE.
L. Funding for this Agreement is contingent on the availability of funds and continued
authorization for program activities and is subject to amendment or termination due to lack
of funds, or authorization, reduction of funds, and /or change in regulations.
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IN WITNESS WHEREOF, the GRANTEE and DEVELOPER, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
Approved as to form and
legal sufficiency:
Assistant County Attorney
First Witness
Type /print witness name
Second Witness
Type /print witness name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
in
Fred W. Coyle, Chairman
Habitat for Humanity of Collier County, Inc.
A
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EXHIBIT A. Project Description
GENERAL
4/10/2012 Item 11.E
Developer will be provided NSP -3 funds in the amount of Three Million Four Hundred Ninety
Five Thousand Seven Hundred Forty Nine and 00/100 Dollars ($3,495,749). Such funds will be
used to acquire eligible properties in the Grantees eligible target areas and to pay associated
developer fees.
ELIGIBLE TARGET AREAS
Properties shall only be acquired in the target areas approved by the GRANTEE and described
in the GRANTEE's NSP -3 action plan. Specifically, DEVELOPER may acquire properties in any
of the following target areas:
Taraet Area One — Golden Gate Citv (HUD Neiahborhood ID 1108764
• Census Tract 0104.10
o GeolD 12021923012630001041OUl
o GeolD 120219230126300010410U2
o GeolD 120219230126300010410U3
• Census Tract 0.104.09
• GeolD 12021923012630001040901
• GeolD 120219230126300010409U2
• GeolD 120219230126300010409U3
• GeolD 120219230126300010409U4
• GeoID120219230126300010409U5
• Census Tract 0104.11
• GeolD 120219230126300010411U1
• GeolD 120219230126300010411U2
• GeolD 120219230126300010411U3
• GeolD 120219230126300010411R3
• GeolD 120219230126300010411R1
Taraet Area Two — East Naples Bayshore Gatewav CRA (HUD Neiahborhood ID
3981140
• Census Tract 0107.01
• GeolD 120219230199999010701U4
• GeolD 120219230199999010701U1
• GeolD 120219230199999010701U2
o GeolD 120219230199999010701U3
o GeolD 120219230199999010701R2
ELIGIBLE ACTIVITIES
The following activities are eligible under this Agreement and are more thoroughly described in
the NSP -1 Notice.
NSP - Eligible Use (A) — Establish financing mechanisms for purchase and
redevelopment of foreclosed upon homes and residential properties, including such
mechanisms as soft - seconds, loan loss reserves, and shared - equity loans for low- and
moderate - income homebuyers.
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4/10/2012 Item 11.E
As part of an activity delivery cost for an eligible activity as defined in 24 CFR
570.206.
Also, the eligible activities listed below to the extent financing mechanisms are
used to carry them out.
NSP- Eligible Use (B) — Purchase and rehabilitate homes and residential properties that
have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such
homes and properties.
24 CFR 570.201(a) Acquisition, (b) Disposition, (i) Relocation, and (n) Direct
homeownership assistance (as modified below):
0 24 CFR 570.202 eligible rehabilitation and preservation activities for
homes and residential properties.
o HUD notes that any of the activities listed above may include required
homebuyer counseling as an activity delivery cost.
NSP - Eligible Use (C) - Establish and operate land banks for homes and residential
properties that have been foreclosed upon.
24 CFR 570.201(a) Acquisition and (b) Disposition
o HUD notes that any of the activities listed above may include required
homebuyer counseling as an activity deliver cost.
NSP - Eligible Use (D) — Demolish blighted structures.
• 24 CFR 570.201(d) Clearance for blighted structures only.
NSP - Eligible Use (E) — Redevelop demolished or vacant properties as housing.
24 CFR 570.201(a) Acquisition, (b) Disposition, (c) Public facilities and
improvements, (e) Public services for housing counseling, but only to the extent
that counseling beneficiaries are limited to prospective purchasers or tenants of
the redeveloped properties, (i) Relocation, and (n) Direct homeownership
assistance (as modified below):
0 24 CFR 570.202 Eligible rehabilitation and preservation activities for
demolished or vacant properties.
0 24 CFR 570.204 Community based development organizations.
o HUD notes that any of the activities listed above may include required
homebuyer counseling as an activity delivery cost.
REHABILITATION OR REDEVELOPMENT
NSP- assisted property subject to this Agreement shall be rehabilitated or redeveloped to the
extent necessary to comply with applicable laws, codes, and other requirements relating to
housing safety, quality, and habitability in order to sell, rent, or redevelop such homes and
properties. Developer led rehabilitation is undertaken pursuant to 24 CFR 570.202(b)(1). New
housing construction is undertaken pursuant to 24 CFR 570.204, or the NSP notice published
on October 6, 2008, as amended.
Pursuant to the Grantee's NSP -1 action plan, NSP- assisted property is required to meet or
exceed local and state building codes; the current code applied in Collier County is 2007 Florida
Building Code. Furthermore, HERA defines rehabilitation to include improvements to increase
the energy efficiency or conservation of such homes and properties or to provide a renewable
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4/10/2012 Item 11.E
energy source or source for such homes and properties. Such improvement are also eligible
under the regular CDBG program.
Developer is subject to Section 504 of the Rehabilitation Act of 1973 and the Fair Housing Act,
including their respective provisions related to physical accessibility standards for person with
disabilities. See 24 CFR Part 8; 24 CFR 100.205; See also 24 CFR 570.487 and 24 CFR
570.602.
ELIGIBLE INCOME LEVELS OF BUYERS
NSP- assisted property subject to the Agreement shall be used with respect to individuals and
families whose income does not exceed 120 percent of area median income. However, not less
than twenty -five (25) percent of the funds expended by Grantee in acquiring the properties
subject to this Agreement shall be used to house individuals or families whose income do not
exceed 50 percent of the area median income ( "LH25 Requirement ").
To ensure compliance with the NSP LH25 Requirement, DEVELOPER shall ensure that Nine
Hundred Seventy One Thousand Forty Two and 00/100 Dollars ($971,042) be expended to
comply with the LH25 Requirement.
MAXIMUM SALES PRICE
If an abandoned or foreclosed -upon home or residential property is purchased, redeveloped, or
otherwise sold to an individual as a primary residence, then such sale shall be in amount equal
to or less than the cost to acquire and redevelop or rehabilitate such property up to a decent,
safe, and habitable condition. The maximum sales price for a property is determined by
aggregating all costs of acquisition, rehabilitation, and redevelopment (including related activity
delivery costs, which generally include, among other things, costs related to the sale of the
property).
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EXHIBIT A -1. Affordability Requirements
GENERAL
4/10/2012 Item 11.E
Developer will ensure that all properties subject to this Agreement comply with the affordability
provisions of the HOME Investment Partnerships Program as contained in 24 CFR 92.254
relating to qualification as affordable housing for homeownership. The Developer, at its sole
discretion, may impose greater restrictions so long as the restrictions are at level at or above
those of the HOME Investment Partnerships Program.
HOMEOWNERSHIP: LONG TERM AFFORDABILITY
The NSP- assisted housing must meet the affordability requirements for not less than the
applicable period specified in the following table, beginning after project completion. The per
unit amount of NSP funds and the affordability period that they trigger are described more fully
below under Recapture Provisions.
Homeownership assistance- NSP
amount per-unit
Minimum period of
affordability in years
Under $15, 000 ...........................
5
$15,000 to $40,000 ......................
10
Over $40, 000 ..............................
15
Recapture Provisions
The recapture provisions will ensure that the Developer recoups all or a portion of the NSP
assistance benefiting the homebuyer, if the housing does not continue to be the principal
residence of the family for the duration of the period of affordability. The period of affordability is
based upon the total amount of NSP funds subject to recapture described above.
The Developer may choose to recapture the entire amount of NSP assistance or a reduced
amount on a prorata basis for the time the homeowner has owned and occupied the housing
measured against the required affordability period. The net proceeds may be divided
proportionally as set forth in the following mathematical formulas:
NSP investment X Net proceeds = NSP amount to Developer
NSP investment + homeowner investment
homeowner investment X Net proceeds = amount to homeowner
NSP investment + homeowner investment
The Developer may permit the homebuyer to recover the homebuyer's entire investment (down
payment and capital improvements made by the owner since purchase) before recapturing the
NSP investment. Any NSP investment recaptured by the Developer shall remain with the
Developer for future use toward other NSP - eligible activities.
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EXHIBIT A -2. Disbursement
GENERAL
4/10/2012 Item 11.E
Developer shall invest its own funds to complete the rehabilitation or development of the
properties associated with this Agreement thereby assuming risk associated with the project.
To compensate Developer for such risk, and for providing NSP- related goods and services,
such as, but not necessarily limited to, residential rehabilitation, eligible buyer identification, and
final disposition, Developer shall be paid a developer fee.
In addition to payment of developer fees, funding under this Agreement may be used for the
acquisition of eligible properties.
AMOUNT
Grantee shall pay Developer a Ten Thousand and 00/100 Dollars ($10,000) developer fee for
each of the properties acquired through this Agreement. The maximum combined developer
fee paid by Grantee to Developer through this Agreement shall be Two Hundred Seventy
Thousand and 00/100 Dollars ($270,000); this amount represents a cumulative of developer
fees paid for each of the properties acquired through this Agreement.
Grantee shall reimburse Developer a maximum One Hundred Fifty Thousand and 00/100
Dollars ($150,000) for each property acquired through this Agreement; however, such
reimbursed amount may not exceed the actual cost of acquisition. The maximum combined
reimbursement paid by Grantee to Developer through this Agreement shall be Three Million
Two Hundred Twenty Five Thousand Seven Hundred Forty Nine and 00/100 Dollars
($3,225,749); this amount represents a cumulative of reimbursements paid for each of the
properties acquired through this agreement
METHOD OF PAYMENT
Grantee shall reimburse Developer a maximum One Hundred Fifty Thousand and 00/100
Dollars ($150,000) for each property acquired through this Agreement; however, such
reimbursed amount may not exceed the actual cost of acquisition. To secure payment following
acquisition, Developer shall submit to Grantee the following supporting materials in a format
acceptable to Grantee:
1. HUD -1 Settlement Statement
2. Proof of funds transfer
a. i.e. evidence of wire transfers
3. Bank account statements detailing funds transfer
4. Appraisal
5. Attestation form to be provided by Grantee
Grantee shall pay Developer one -half ($5,000 of a total per property developer fee of $10,000)
of the developer fee per property upon acquisition of such property and one -half ($5,000 of a
total per property developer fee of $10,000) at final sale to an income - eligible person or
household.
To secure payment following acquisition ($5,000 of a total per property developer fee of
$10,000), Developer shall submit to Grantee the following supporting materials in a format
acceptable to Grantee:
1. HUD -1 Settlement Statement
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4/10/2012 Item 11.E
2. Proof of funds transfer
a. i.e. evidence of wire transfers
3. Bank account statements detailing funds transfer
4. Appraisal
5. Attestation form to be provided by Grantee
To secure payment following final sale ($5,000 of a total per property developer fee of $10,000),
Developer shall submit to Grantee the following supporting materials in a format acceptable to
Grantee:
1. HUD -1 Settlement Statement
2. Appraisal
3. Sale Contract
4. Attestation form to be provided by Grantee
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4/10/2012 Item 11.E
EXHIBIT A -3. Grant Agency Requirements
APPLICABLE LAWS AND REGULATIONS
Certain State and Federal laws, regulations, and Executive Orders are applicable in part or in
whole to the NSP. The applicable laws, regulations, and Executive Orders, classified generally
by compliance area, include but may not be limited to the following.
GENERAL REQUIREMENTS
• The Housing and Community Development Act of 1974, as amended and as
implemented by the most current HUD regulations (24 CFR Part 570).
• Federal Register Docket No. FR- 5447 -N -01: Notice of Formula Allocations and Program
Requirements for Neighborhood Stabilization Program Formula Grants; October 19, 2010.
• U.S. Department of Housing and Urban Development's Playing by the Rules: A Handbook
for CDBG Sub - recipients on Administrative Systems.
CIVIL RIGHTS
• Title VI - Civil Rights Act of 1964.
• Section 109 - Title I - Housing and Community Act of 1974.
• Title VIII of the Civil Rights Act, 1968 (Fair Housing Act), as amended. 42 U.S.C. 3601.
• Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of
1990.
• Executive Order 11246 - Equal Employment Opportunity, as amended by Executive
Order 11375, Parts II and III.
• Executive Order 11063 Equal Employment Opportunity, as amended by Executive
Order 12259.
• Section 3 of the Housing and Development Act of 1968, as amended Section 118 of Title
I, Community Development and Housing Act, 1974.
• Age Discrimination Act of 1975.
• Executive Order 12432: National Priority to Develop Minority and Women Owned
Businesses.
• Section 504 of the Rehabilitation Act of 1973 and implementation regulation (24 CFR
Part 8).
ACQUISITION AND RELOCATION
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(46 U.S.C. 4601 and regulations at 49 CFR, Part 24).
HOUSING
• The Truth in Lending Act (Regulation Z).
• Title I Consumer Protection Act (PL 90321).
• The Lead Base Paint Poisoning Prevention Act (42 U.S.C. 4831 -5 et al.) and HUd
implementing regulations (24 CFR Part 35).
• The Residential Lead -Based Paint Hazard Reduction Act of 1993 (PL 102 -550).
• The National Manufactured Housing Construction and Safety Standards Act of 1974 (42
U.S.C., 5401 et. seq., as amended).
• Manufactured Housing Act (O.C.G.A. Sections 8 -2 -130 and 160 et. seq.).
• Construction Industry Licensing Board Act (O.C.G.A. Section 43- 14 -8).
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4/10/2012 Item 11.E.
• The Fire Administration Authorization Act of 1992 (PL 102 -522).
ENVIRONMENTAL
• Title I of the Housing and Community Development Act, Section 104(g) — as amended
(42 U.S.C. 5304) and published in 24 CFR Part 58.
• Section 306 of the Clear Air Act (42 U.S.C. 1857(h))
• Section 508 of the Clean Water Act (33 U.S.C. 1368).
• Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part
15).
• Energy Policy and Conservation Act (Pub. L.94 -163).
LABOR STANDARDS
• The Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -330) as
supplemented by Department of Labor regulations.
• The Davis -Bacon Act (40 U.S.C. 276(a) to (a -7), as supplemented by Department of
Labor Regulations.
• The Davis -Bacon Act (42 U.S.C. 5310).
• The Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented by Department of
Labor regulations.
OTHER
• Conditions prohibiting inherently religious activities (24 CFR 570.2000)).
HOUSING REHABILITATION REQUIREMENTS
• The Common Rule 24 CFR 85 — applies if the direct party of the construction contract.
This rule requires a competitive procurement.
• Federal Labor Standards — Only in certain situations. Davis -bacon wage rate are
applicable when NSP funds are used for rehabilitation of more than 8 housing units in
one project.
• Lead -Based Paint Hazard Elimination (24 CFR Part 35) — These rules include
inspection, testing, risk assessments, hazard control or abatement, safe work practices,
clearance and notification /disclosure requirements.
• Section 3 Clause of the Urban Development Act of 1968, and as implemented by HUD
regulations at 24 CFR Part 135 applies (regardless of the dollar amount of the contract)
in the following situations:
• If the Recipient contracts directly for rehabilitation services or acts as an agent
for the homeowner, i.e., signs the rehabilitation contract.
• If the Recipient provides homeowners with a list of contractors eligible to
participate in the local rehabilitation program, the Recipient should assure that
eligible Section 3 business concerns located or owned in part by residents of the
area are also included on the list.
• If the individual homeowner contracts directly for rehabilitation services and the
Recipient is not a party to the contract, the Section 3 requirements do not have to
be followed.
• Section 104(d) of the Housing and Community Development Act is applicable if rental
units are converted to non- "low and moderate income dwelling units" or if occupied or
occupiable housing units are demolished. See HUD regulations at 24 CFR Part 570.606
and 24 CFR Part 42.
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The Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as
amended, and as implemented by DOT regulations 49 CFR Part 24, is applicable if
tenants or homeowners (regardless of income) are displaced in conjunction with a NSP
activity.
The Truth -In- Lending Act (Regulation Z) (USC 1601, et. seq.) which applies to any loan
transaction between the Recipient and the homeowner provided the Recipient meets the
criteria of being a "creditor ", as defined by the Federal Reserve System
EQUAL OPPORTUNITY, FAIR HOUSING, AND ACCESSIBILITY
GENERAL
The regulations pursuant to Title I of the Housing and Community Development Act require
applicants to assure through certification that all activities will be conducted in accordance with
Section 109 of the Act (the nondiscrimination clause), Title VI of the Civil Rights Act of 1964,
Title VIII of the Civil Rights Act of 1968, and Executive Orders 11246 and 11063. These
requirements are briefly described below:
1. Title VI of Civil Rights Act of 1968 Nondiscrimination in any programs or activities receiving
Federal financial assistance.
2. Section 109 of Title I — Housing and Community Development Act of 1974 Nondiscrimination
in any program or activity subject to the provisions of this title. No person in the United States
shall on the ground of race, color, national origin, or sex, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity funded in
whole or part under this Title. Any prohibition against discrimination on the basis of age under
the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped
individual as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any
such program or activity.
3. Title VIII of the Civil Rights Act of 1968, as amended. Prohibition against discrimination
based on sex.
4. The Fair Housing Law Provides protection against the following acts, if they are based on
disability, race, color, religion, sex, national origin, or family status:
• Refusing to sell or rent to, deal or negotiate with any person Discriminating in terms or
conditions for buying or renting Housing
• Discriminating by advertising that housing is available only to persons of a certain family
status, race, color, religion, sex, or national origin
• Denying that housing is available for inspection, sell or rent when it really is available
• "Blockbusting" - For profit, persuading owners to sell or rent housing by telling them that
minority groups are moving into the neighborhood
• Denying to anyone the use of or participation in any real estate services, such as
brokers' organizations, multiple listing services or other facilities related to the selling or
renting of housing
• Denying or making different terms or conditions for home loans by commercial lenders,
such as banks, savings and loan associations and insurance companies
5. Executive Order 11063 - Equal Opportunity in Housing, as amended by Executive Order
12259 — All departments and agencies are directed to take all action necessary and appropriate
to prevent discrimination in housing and related facilities owned or operated by the Federal
Government or provided with Federal financial assistance and in the lending practices with
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4/10/2012 Item 11.E.
respect to residential property and related facilities (including land to be developed for
residential use) of lending institutions, insofar as such practices relate to loans insured or
guaranteed by the Federal Government.
6. Executive Order 11246 — Equal Employment Opportunity, as amended by Executive Order
11375. Part II - Employment under Federal contracts. Non - discrimination in employment by
government contractors and subcontractors. Part III - Federally assisted construction contracts.
Non - discrimination in employment under federally assisted construction contracts. Parts II and
III are administered by the Department of Labor.
7. Section 3 of the Housing and Development Act of 1968, as amended and as implemented by
HUD regulations at 24 CFR Part 135 Section 3 provides that to the greatest extent feasible,
training and employment opportunities shall be made available to lower income residents of
project areas and that contracts be awarded to small businesses located within the project area
or owned in substantial part by project area residents.
SECTION 504 REQUIREMENTS
Local government recipients and subrecipients must comply with Section 504 of the
Rehabilitation Act of 1973, as amended. This requirement is similar to the "Americans with
Disability Act" (ADA) which is also applicable. HUD published implementation regulations (24
CFR Part 8) as a final rule on June 2, 1988: The general requirement is that no otherwise
qualified individual with a disability (physical or mental) shall, because a recipient's facilities are
inaccessible to or unusable by individuals with disabilities, be excluded from participation in,
denied benefits, or otherwise be subjected to discrimination under any program or activity that
receives NSP assistance. The definition of disability includes physical and mental factors and
also includes those who may be regarded as handicapped (such as the spouse or children of a
person with AIDS). Both building accessibility and employment practices are covered by Section
504.
AFFIRMATIVELY FURTHERING FAIR HOUSING
Any Subrecipient must certify that it will affirmatively further fair housing, mandated under 24
CFR 570.602.
SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968
As amended, provides that, to the greatest extent feasible, opportunities for training and
employment shall be given to recipients of public housing and lower- income residents of the unit
of local government or the metropolitan area (or non - metropolitan county) in which the project is
located. Contract work in connection with such projects shall be awarded to business concerns
which are owned in substantial part by persons residing in the same metropolitan area (or
nonmetropolitan county) as the project, employ Section 3 residents in full -time positions, or
subcontract with businesses which provide economic opportunities to lower income persons.
Section 3 Regulations 24 CFR 135.
§ 135.38 Section 3 clause.
All section 3 covered contracts shall include the following clause (referred to as the section 3
clause):
A. The work to be performed under this contract is subject to the requirements of section 3 of
the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3).
The purpose of section 3 is to ensure that employment and other economic opportunities
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generated by HUD assistance or HUD - assisted projects covered by section 3, shall, to the
greatest extent feasible, be directed to low- and very low- income persons, particularly persons
who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD "s regulations in 24 CFR part 135,
which implement section 3. As evidenced by their execution of this contract, the parties to this
contract certify that they are under no contractual or other impediment that would prevent them
from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers" representative of the contractor's
commitments under this section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the section 3 preference, shall set forth
minimum number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding
that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will
not subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training positions,
that are filled (1) after the contractor is selected but before the contract is executed, and (2) with
persons other than those to whom the regulations of 24 CFR part 135 require employment
opportunities to be directed, were not filled to circumvent the contractor's obligations under 24
CFR part 135.
F. Noncompliance with HUD "s regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD assisted
contracts.
G. With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires
that to the greatest extent feasible (i) preference and opportunities for training and employment
shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be
given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract
that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to
the maximum extent feasible, but not in derogation of compliance with section7(b).
DEBARMENT
Pursuant to 24 CFR 24, all NSP grantees are required to verify that any /all persons, contractors,
consultants, businesses, sub - recipients, etc. that are conducting business with the grantee,
including any city /county or the grantee itself, are not presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in the covered
transaction or in any proposal submitted in connection with the covered transaction. Verification
will be checked through the Excluded Parties Listing System (at website: www.epls.aov).
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EXHIBIT A-4. Reporting
REPORTING SCHEDULE
4/10/2012 Item 11.E.
The Developer shall submit quarterly reports to Grantee based on the following schedule.
Reports shall be submitted according to this schedule as long as this Agreement is in force:
Activity Reporting Period
Report Due Date
October 15 — December 315
Januar 10
January 315 — March 315
Aril 10
April 15 — June 30
July 10
Jul 15 —September 30
October 10
NSP -3 DEVELOPER AGREEMENT
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
Date Submitted:
Activity Reporting Period:
Contact Person: .
Telephone: Email:
GENERAL
1. Activity Status or Milestones — describe any significant actions taken or outcomes
achieved during this reporting period.
2. Future Actions — what significant actions or outcomes are expected during the next
reporting period?
3. Obstacles — describe any potential obstacles, challenges, or issues that may cause
delay.
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4/10/2012 Item 11.E.
ACTIVITY STATUS
,,
Complete the following information by entering the appropriate numbers for this reporting period
in the tables below. Do not duplicate information from previous reporting periods.
Activity
This Reporting Period
No. Active Projects
White
No. Projects Complete
No. Properties Demolished
No. Properties Sold
Asian
TOTAL
HOUSEHOLD INFORMATION
Complete these tables for those properties sold during this reporting period.
Househoid Data
This Reporting Period
No. Extremely-Low Income Households 0 -30 %o AMI
White
No. Very-Low Income Households 31 -50% AMI
No. Low - Income Households 51 -80% AMI
No. Moderate - Income Households 81 -120% AMI
Asian
No. Female Head of Households
TOTAL
RACE AND ETHNICITY BENEFICIARIES
Race
Total
No Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian /Alaska Native and White
Asian and White
Black /African American and White
American Indian /Alaskan Native and Black /African American
Other Multi- Racial
TOTAL
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EXHIBIT A -5. Monitoring
DATE:
4/10/2012 Item 11.E.
HOMEBUYER(S) NAME:
PROPERTY ADDRESS:
DEVELOPER shall submit the following completed form upon final sale of each property
associated with this Agreement.
SECTION A: PARTICIPANT ELIGIBILITY
1.
M
3.
M
Did the Developer correctly apply income inclusions and exclusions for the ❑ ❑ ❑
chosen income definition and was the calculation performed correctly?
Yes No N/A
Basis for Conclusion:
as household income supported with source documentation? ❑ ❑ ❑
Yes No N/A
scribe Basis for Conclusion:
Was the family's annual income less than or equal to 120% of the area
❑ El El
income (or less than or equal to 50% if the unit was designated for
he Low Income set - aside)?
Yes No N/A
Describe Basis for Conclusion:
Does the file document that the homebuyer received and completed at leas
❑ El El
hours of homebuyer counseling from a HUD - approved housing
counseling agency before purchase?
Yes No N/A
Describe Basis for Conclusion:
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5.
M.
4/10/2012 Item 11.E.
Does the written agreement with the homebuyer specify that the buyer must
El 0 0
use the property as a principal residence throughout the period of
affordability?
Yes No N/A
Describe Basis for Conclusion:
Does the written agreement specify remedies or actions the Grantee must EJ 0
take if the principal residence requirement is not met for the affordability
period? Yes No N/A
Basis for Conclusion:
SECTION B: AFFORDABILITY PROVISIONS
7.
8.
Does the written agreement with the homebuyer include the required
recapture or resale provisions, as described in the Developer Agreement?
Yes No N/A
be Basis for Conclusion:
Was the correct period of affordability established for the project, based E] El 0
upon the total amount of NSP assistance provided to the homebuyer if
under a resale provision or the direct subsidy provided with NSP funds, if Yes No N/A
under a recapture provision?
Describe Basis for Conclusion:
Nere legal documents recorded: deed restriction or covenant running with E] ❑ 0
he land if the property is under resale provisions, or note /deed of trust and
nortgage for recapture provisions? Yes No N/A
describe Basis for Conclusion:
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SECTION C: PROPERTY STANDARDS
10.
11
4/10/2012 Item 11.E.
If the project was constructed before 1978, did the Developer comply with ❑ El 0
lead -safe housing requirements at 24 CFR Part 35?
Yes No N/A
Basis for Conclusion:
If the project involved rehabilitation or new construction of a unit, does the
final inspection confirm that the property met all applicable property
standards at completion? Yes No N/A
be Basis for Conclusion:
Prepared By:
Telephone:
Email:
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4/10/2012 Item 11.E.
EXHIBIT A -6. Income Certification
Neighborhood Stabilization Program 3
Habitat for Humanity of Collier County, Inc.
INSTRUCTIONS
Submit completed form, including appropriate supporting documentation, to Grantee to obtain
approval prior to the sale of a property associated with this Agreement to an eligible person or
household.
Effective Date:
A. Household Information
Member
Names — All Household Members
Relationship
Age
1
2
3
4
5
6
7
8
B. Assets: All Household Members, including Minors
Member
Asset Description
Cash Value
Income
from
Assets
1
2
3
4
5
6
7
8
Total Cash Value of Assets B(a)
Total Income from Assets B(b)
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 2.0 %) and enter results in B(c), otherwise leave
blank. B(c)
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4/10/2012 Item 11.E.
C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member
Wages /
Benefits /
Public
Other
Salaries
Pensions
Assistance
Income
(include tips,
commissions,
Asset
bonuses, and
Income
overtime
1
(Enter the
2
greater of
3
box B(b) or
box B(c),
4
above, in
5
box C(e)
6
below)
7
8
Totals
(a)
(b)
(c)
(d)
(e)
Enter total of items C(a) through C(e).
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. I /we have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. I /we certify that the statements are
true and complete to the best of my /our knowledge and belief and are given under
penalty of perjury.
WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and
assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and
imprisonment provided under S. 775.082 and 775.083.
Signature of Head of Household
Signature of Spouse or Co -Head of Household
Adult Household Member (if applicable)
Date
Date
Date
Adult Household Member (if applicable) Date
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4/10/2012 Item 11.E.
E. NSP Grantee Statement: Based on the representations herein, the family or
individual(s) named in Item A of this Income Certification is /are eligible under the
provisions of the NSP. The family or individual(s) constitute(s) a:
Very -Low Income (VLI) Household means and individual or family whose
annual income does not exceed 50 percent of the area median income as
determined by the U.S. Department of Housing and Urban Development with
adjustments for household size.
(Maximum Income Limit $ ).
Low - Income (LI) Household means and individual or family whose annual
income does not exceed 80 percent of the area median income as determined by
the U.S. Department of Housing and Urban Development with adjustments for
household size.
(Maximum Income Limit $ ).
Moderate - Income (MOD) Household means and individual or family whose
annual income does not exceed 120 percent of the area median income as
determined by the U.S. Department of Housing and Urban Development with
adjustments for household size.
(Maximum Income Limit $ ).
Based upon the (year) income limits for the Naples -Marco Island Metropolitan
Statistical Area (MSA) of Collier County, Florida.
Signature of the NSP Administrator or His /Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race / Ethnicit
B A e
White
Black
Hispanic
Asian
American
Indian
Other
0-25
26 - 40
41-61
62+
Special Target If Special Needs
Check all that applyl
Farm Worker
Developmentally
Homeless
Elderly
Other
Disabled
NOTE: information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No
occupant is required to give such information he or she desires to do so, and refusal to give such information will not
affect any right he or she has an occupant.
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4/10/2012 Item 11.E.
EXHIBIT A -7. Quarterly Performance Report Data
GENERAL
Grantee is required to submit to HUD, through the Disaster Recovery Grant Reporting System
( "DRGR ") Quarterly Performance Reports ( "QPR "). To facilitate in the preparation of such
reports, Developer shall submit the information contained herein within ten (10) days of the end
of each calendar quarter.
1. OVERALL PROGRESS NARRATIVE
Describe overall progress made in operating the NSP.
2. FINANCIAL DATA
Provide (a) number of properties acquired, (b) program funds expended, and (c)
program funds obligated.
3. ACTIVITY PROGRESS NARRATIVE
Described progress made within the following three (3) activities: (a) acquisition,
rehabilitation, resale LMMI, (b) acquisition rehabilitation, resale LH25, and (c) land bank.
4. PROPERTY DATA
Provide the address of each property where funds were expended or obligated this
reporting period.
5. DEMOGRAPHIC DATA
Provide the following data for each household assisted this reporting period: (a) race, (b)
Hispanic /Latino (yes /no), (c) female head of household (yes /no), and (d) income level.
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EXHIBIT B. Budget
GENERAL
4/10/2012 Item 11.E.
Developer will be provided AMOUNT of NSP -3 funding by the Grantee for the purpose of
acquiring eligible properties for final disposition to NSP - eligible persons or families, including
payment of developer fees.
BUDGET
Grantee shall pay Developer a Ten Thousand and 00/100 Dollars ($10,000) developer fee for
each of the properties acquired through this Agreement. The maximum combined developer
fee paid by Grantee to Developer through this Agreement shall be Two Hundred Seventy
Thousand 00/100 Dollars ($270,000); this amount represents a cumulative of developer fees
paid for each of the properties acquired through this Agreement.
Grantee shall reimburse Developer a maximum One Hundred Fifty Thousand and 00/100
Dollars ($150,000) for each property acquired through this Agreement; however, such
reimbursed amount may not exceed the actual cost of acquisition. The maximum combined
reimbursement paid by Grantee to Developer through this Agreement shall be Three Million
Two Hundred Twenty Five Thousand Seven Hundred Forty Nine and 00/100 Dollars
($3,225,749); this amount represents a cumulative of reimbursements paid for each of the
properties acquired through this agreement
INCOME TARGETING
Funds associated with this Agreement shall be spent within the following income targets.
Line Item
Amount
County Administration
$388,416
Habitat for Humanity Developer Fee
$270,000
Low- Income Set Aside 50% AMI
$971,042
51 % AMI — 80% AMI
$1,504,707
81 % AMI — 120% AMI
$750,000
TOTAL
$3,884,165
It is understood and agreed that funds will be used according to the approved budget.
Developer may reallocate up to 10% of the Total NSP -3 Funding for increases or decreases in
individual line items of the budget. Reallocations of more than 10% require Grantee approval.
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