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Agenda 09/11/2012 Item #16D 4a,,1 r ,)rt Ite7 1 x.7!,2 EXECUTIVE SUMMARY Recommendation to approve a budget amendment recognizing $276,635.50 in program income revenue generated when conveying properties acquired under the Neighborhood Stabilization Program (NSPI). OBJECTIVE: To increase the expenditure budget in NSP1. CONSIDERATIONS: Collier County has used Neighborhood Stabilization Program funds to acquire and rehabilitate foreclosed and abandoned properties. Once rehabilitation is complete, the homes are sold to income - qualified persons or families. Upon sale, the net proceeds are returned to Collier County as program income to be used for other eligible Neighborhood Stabilization Program activities, including administration. The following table lists the properties that sold that generated the program income, which requires a budget amendment. Property Address Net Proceeds Admin Program 4420 19` Avenue SW, Naples 34116 $65,747.80 $6,574.78 $59,173.02 4814 30` Place SW, Naples 34116 $80,028.25 $8,002.82 $72,025.43 3061 Areca Avenue, Naples 34112 $48,929.59 $4,892.96 $44,036.63 4471 326 SW, Naples 34116 $81,929.86 $8,192.99 $73,736.87 Total Net Proceeds $276,635.50 527,663.55 $248,971.95 NSP guidelines allow 10% ($27,663.55) of program income to fund administration. The balance o= $248,971.95 will be used to fund developer fees and other direct program costs pursuant to the approved BCC NSPI program exit strategy of April 24, 2012 (Item 11B). FISCAL IMPACT h total of $276,635.50 will be recognized as revenue and appropriated as expenditures in FY13 budget in Fund 121 (Urban Improvement Grants). Project 33050 (NSP). LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, raises no legal issues, and requires majority vote for Board approval. -JBW GROWTH MANAGEMENT IMPACT: The Neighborhood Stabilization Program facilitates the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan. RECOMMENDATION: To recognize $276,635.50 in revenue and approve the corresponding budget amendment. Prepared By: Maria Ackerman, Grants Accountant, Office of Management & Budget Packet Page -2796- 9111/20 ,12 Item 16.E.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.4. Item Summary: Recommendation to approve a budget amendment recognizing $276,635.50 in program income revenue generated when conveying properties acquired under the Neighborhood Stabilization Program (NSP1). Meeting Date: 9/11/2012 Prepared By Name: AckermanMaria Title: Senior Accountant, Grants 7/19/2012 12:28:12 PM Submitted by Title: VALUE MISSING Name: SonntagKristi 7/19/2012 12:28:14 PM Approved By Name: GrantKimberley Title: Interim Director, HHVS Date: 8/18/2012 4:09:45 PM Name: AckermanMaria Title: Senior Accountant, Grants Date: 8/20/2012 10:23:19 AM Name: WhiteJennifer Title: Assistant County Attomey,County Attorney Date: 8/22/2012 2:42:06 PM Name: CarnellSteve Title: Director - Purchasing /General Services,Purchasing Date: 8/28/2012 5:14:09 PM Packet Page -2797- Name: Kiatzkow.iefi Title: County Attorney Date: 8/29/2012 3:47:53 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management R Budget Date: 9/4/2012 11:53:20 AM Name: OchsLeo Title: County Manager Date: 9/4/2012 3:58:28 PM Packet Page -2798- 01" 1 /?` '� 2 l Z 9!` '2n" ? Item . 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 Bo . exit strategy and associated implementation actions with operations of the federal affordable housing program. 1 following four actions: (a) transfer thirty-two (32) non vacant parcels to Habitat for Humanity; (b) solicit n affordable rental properties; (c) sell completed single -fa; NSP -3 funding to Habitat for Humanity for the acquisitic I of County Commissioners approved an NSP e purpose of extricating the County from daily ecifically, the exit strategy sought to enact the -habilitated residential properties and ten (10) - for - profit organizations to own and operate ly homes to qualified buyers; (d) pass - through 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' /o 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 $971,042 Yes NSP- Funded Activities I None 81% AMI -120 %o AMI Acquisition Income Cate ones Served I Low- and moderate -inc me I 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 F e $270,000 Low- Income Set Aside (50% AMI ) $971,042 51% AMI — 80% AMI $1,504,707 81% AMI -120 %o AMI ' $750,000 TOTAL $3,884,165 *NSP requires that Grantees use at least 5 percent of funds to provide housing for individuals and families wh se incomes do not exceed 50 percent of area median income (AMI). Packet Page - 2799- 9 1,'20 'L ? Item. Pursuant to a U.S. Department of Housing and Urban Development poiicy 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 make 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. The developer agreements associated with this item have been reviewed by the County's HUD technical assistance provider and have been determined to conform to the requirements of the NSP. Furthermore, the County's NSP Exit Strategy was prepared with technical assistance from HUD who expressed no concerns with the plan's design; HUD has not, and as a matter of practice generally does not, issue written approvals relating to individual jurisdictions' program administrative decisions. As previously discussed with the Board of County Commissioners, the federal regulations governing the creation of developer agreements do not require that these agreements be formally competed. Furthermore, staff is not aware of any state or local statutes or ordinances that would require these services to be formally competed. That said, and in an abundance of caution, staff recommends that the Board formally waive competition pursuant to the award of these agreements in accordance with the authority contained under Section V(A)(4) of the Board's Purchasing Policy. Interest has been expressed in exploring a down payment assistance strategy for a portion of the NSP -3 funding. An explanation of this option is provided as an exhibit to this agenda item. After careful consideration of program advantages and disadvantages, staff does not recommend this approach. 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 53,495.749 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: Waive the formal competitive bid requires under Section V of the Purchasing Policy and approve NSP -1 and NSP -3 Developer Agreement by and between Collier County and Habitat for Humanity of Collier County, Inc.; and 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 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; and Packet Page -2800- 4. Approve any necessary administrative budget amendments t(, re -aiign existing r)udgei to appropriate expenditure categories. Prepared By: Frank Ramsey, Operations Analyst; Housing, Human and Veteran Services Packet Page -2801- 9111/2012 Item, 16.D,4 NEIGHBORHOOD STABILIZATION PROGRAM `i 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. 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. Paoe 1 of 41 Packet Page -2802- fir,. ,? � IteT 1r.-1.� "CDBC: Act' means the Housing anti :,ommunitl Deveiopment Act of 1974, Pub. _. 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 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 lave, 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 NSF -1 grantee, contractor, subrecipient, aeveioper, o- end user. "HERA" means the Neighborhood Stabilization Program ( "NSP -1 ") found in Title Ili 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. Pane 2 of 41 Packet Page -2803- 9/11/2012 Item 16.G z 14. "NSP Notice' refers to the alternative requirements for NSP-1i issued by HUG 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. 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. 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. B. 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 C. Sale to Buyers — All properties under this agreement, unless such property will serve an non - development use as described in Exhibit A, 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 incomes not exceeding 120% area median income. 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. Paoe 3 of 41 Packet Page -2804- 9!' r '2C, "_ Iter- 1E. -_� 4, Nee, Proceeas of Saie vpor, sale ot an NSF- 1- tunaec nome, DEVE i_OPEF, wil . retain all net proceeds for future use as approved by GRANTEE. Such future use must be for an NSP- eligible activity. GRANTEE has explicitly elected to forgo recapture of any and all net proceeds and to have such net proceeds remain with DEVELOPER. Ill. Project Requirements The DEVELOPER agrees to comply with all requirements of the NSP -1 as stated in the NSP 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 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 1631340(8). - lorida 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 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 PaaP 4 of 41 Packet Page -2805- 9/11/2012 Item 1C.r- �. 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 tc: 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. DEVELOPER is prohibited from permitting homebuyers to obtain subprime mortgages for whom such mortgages are inappropriate. 4. Affordability Period — All NSP -1- assisted units must adhere to the affordability PaaP 5 nf 41 Packet Page -2806- 9!11120 12 1terT, 1 provisions as iisied in Exnioil wnicr, is based upon the Iota, amoum of NSF 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. 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, ant will provide informatior to the DEVELOPEF. 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. E. 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. F. Monitoring — GRANTEE will monitor all program activities of DEVELOPER to assure compliance with the terms of this Agreement including all NSP -1 requirements. G. 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 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. Pane 6 of 41 Packet Page -2807- 9'11,201' It err 16.E C. The GRANTEE reserves the right to inspeci recoras and pro iect 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 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. VI. 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. G. 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 GRANTEE 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 GRANTEE may direct as a means of enforcing such provisions, including sanctions for noncompliance; Pace 7 of 41 Packet Page -2808- Ter- proviaec, noweve: tna' in the evenE the DEVELOPER becomes invoivec ir., o- is threatened with litigation with a subcontractor or vendor as a result of such direction by the GRANTEE, 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 arour, developers or women.. The DEVELOPER may rely or writter 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, 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 PaaP 8 of 41 Packet Page -2809- 9!' 1,2012 Item 1 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. 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 Paae 9 of 41 Packet Page -2810- 9,1 *1 E!_" " % It err 16.r--', 4 Program, iE obtained ano maintainer as a condition of financiai assistance for acquisitior 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. K, 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 hereunder. 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 GRANTEE 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 requirements. PaaP 1 n of 41 Packet Page -2811- 9/11'2012 Iter 1.D 4. & 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 of competent jurisdiction or otherwise. Pane 11 of 41 Packet Page -2812- Ite- Z1. Such termination snai no effec:. or terminate and, ml 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 compensation 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. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives G� CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stats. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 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 Paae 12 of 41 Packet Page -2813- 9'11/2C1!-'7 Item: In-.D.4. Naples, Florida 3411 12 With a Copy to: Collier County Office of County Attorney ATTN: Jennifer White 3299 Tamiami Trail E, Suite 800 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. 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. 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 Panp 13 of 41 Packet Page -2814- 91, , '20'. 2, 1£er- e F. '— L 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. I<. 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. IIV 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 1� i�� First Witness Type /print witness name Second Witness Type /print witness name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Habitat for Humanity of Collier County, Inc. A Florida not -for- profit corporation By: Print: Title: Page 14 of 41 Packet Page -2815- EXHIBIT A. Project Description A. GENERAL 9"11;'2012 Item 4, 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 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. L. 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. c. 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. Pane 15 of 41 Packet Page -2816- 24 CFR 57C.201(aj Hcquisiuon, (b; Disposition, (cj Fubiic tacilities anc. 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 physics; 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. LAND BANK PROPERTIES An NSP- assisted property may not be held in a land bank for more than 10 years without obligating the property for a specific, eligible redevelopment of that property in accordance with NSP requirements. Properties may be used for a development - related purpose, or for a non - development use in conformance with NSP regulations. Potential non - development uses may include urban agriculture, habitat restoration, reforestation, expansion of parklands, or other allowable options. Developer may elect to redevelop the land bank properties associated with this agreement, or employ a non - development use in conformance with NSP regulations. E. 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 "). Paoe 16 of 41 Packet Page -2817- 9!11/201_', fterr 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 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. F. 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. G. 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; Paoe 17 of 41 Packet Page -2818- Are not requires 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 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. d. DETERMINATION OF NO UNDUE ENRICHMENT Pursuant to the terms and conditions of this Agreement, Developer shall be investing Developer's own funds, time. and effort when undertaking the project described herein. Furthermore, Developer is a not - for - profit provider of affordable housing. Based upon these facts, as well as the rules and regulations applicable to NSP, Grantee has determined that there is no undue enrichment should Deveiope� recapture ant retain the ne. proceealz from sale of properties assisted through this Agreemem. H. 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. I. 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 Paae 18 of 41 Packet Page -2819- 9" 1 /2 1';_'It em 16.D.4 of the firm from contact with County staff for a specifieo 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. J. 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. PnoP 19 of 41 Packet Page -2820- 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 Boo!: 12J, Pages 86 and 87, of the Public Records of Ooliier County, Florida. Parcei Nc. 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) Paop 20 of 41 Packet Page -2821- 9/' 1,'2' 2 Item 1 .4 1L'. The West 75 Feet of the West 150 Feet of Tract Nc. 9C, Golden Gate Estates, Unit No. 42, according to the Map or Plat thereof, as recorded in the Plat Book 7, Page 27, of the 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 581h 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 22 "d 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 21 st Avenue SW, Naples, FL 34116) Pane 21 of 41 Packet Page -2822- 1,'2: `= IT�w 1r . 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, Public Records of Collier County, Florida. Parcel No. 36439240007 (3025 52nd 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 21St 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 (31;:-, 1 ` Okeechobee Stree�.. Naples, FL 341 112)' 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 (158 5th Street, Naples, FL 34114) 33. The West Half (West '/2) of the Northwest Quarter (Northwest '/4) of the Northeast Quarter (Northeast 1/4) of the Northwest Quarter (Northwest 114) of the Southwest Quarter (Southwest 1/4) 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) Paae 22 of 41 Packet Page -2823- 0/11/2012 Item 16.x.4. 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) 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) PaaP 23 of 41 Packet Page -2824- EXHIBF Affordability Requirements GENERAL le t-1 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 caseo 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. PsaP 24 of 41 Packet Page -2825- EXHIBIT A -3. Developer Fee GENERAL 9/11/2012 Item 16.D.4. 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 Paoe 25 of 41 Packet Page -2826- 9/': 1i2r` *' ` Iter 16.`'.4. 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. CAVIL 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 li and Ili. • Executive Order 11063 - Equal Employment Opportunity, as amended by Executive Order 12259. Section 3 of the Housing and Development Act of 1968, as amender 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.). PaaP 26 of 41 Packet Page -2827- 9!11/2012 Item 16.D.4. Construction inaustry Licensing Board Act (O.C.G.A. Section 43- 14 -8). • 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 REQUIREM_NTS • 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 Paae 27 of 41 Packet Page -2828- 9." 1 11,20012 1telr I E .D-) . /-:. occupiabie housing units are demoiisnec. See HUD regulations at 24 CFR Par; 570.60E and 24 CFR Part 42. 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 qualifies 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 PaaP 28 of 41 Packet Page -2829- 9/11/2012 Item 1E.0 �. Executive Order 11063 - Equai 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 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 11 - 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. PaaP 29 of 41 Packet Page -2830- Ali section � covered contracts snali include the foliowing clause kreierrea to as the section 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 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 wil: 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). PaaP 30 of 41 Packet Page -2831- 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.gov). Paoe 31 of 41 Packet Page -2832- EXHIBIT A -5. Reporting REPORTING SCHEDULE C),I .i irwr "4I Etow �I'.r, 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 1S — December 315 Januar 10 January 31S — March 31S Aril 10 April 1s'— June 30 July 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: GEN :RA= 1. Activity Status or Milestones — describe any significant actions taken or outcomes achieved during this reporting perioc. 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. Pnae 32 of 41 Packet Page -2833- 9`?1f2Q`2 Item 1E-7.4. 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 No. Projects Complete No. Properties Demolished No. Properties Sold 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 No. Very-Low Income Households 31 -50% AM[) No. Low- Income Households 51 -80% AMI No. Moderate - Income Households 81 -120% AMI 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 Pane 33 of 41 Packet Page -2834- EXHIBIT A -E. Monitoring DATE: HOMEBUYER(S) NAME: PROPERTY ADDRESS: 9!"'112)(1,12, Item DEVELOPER shall submit the following completed form upon final sale of each property associated with this Agreement. SE =CTION A: PARTICIPANT ELIGIBILITY 1. 2. 3. 4 Did the Developer correctly apply income inclusions and exclusions for the ❑ El C chosen income definition and was the calculation performed correctly? Yes No N/A Describe Basis for Conclusion: as household income supported with source documentation? El El Yes No N/A escribe Basis for Conclusion: Was the family's annual income less than or equal to 120% of the area El 7 0 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 7 0 eight hours of homebuyer counseling from a HUD- approved housing counseling agency before purchase? Yes No N/A Describe Basis for Conclusion: Paae 34 of 41 Packet Page -2835- 5. M 9,1 1 2012 Item 'IP-.0 4. Does the written agreement with the homebuyer specify that the buyer must [I E ❑ 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 F take if the principal residence requirement is not met for the affordability period? Yes No N/A scribe Basis for Conclusion: SECTION B: AFFORDABILITY PROVISIONS 7. M M Does the written agreement with the homebuyer include the required El El El 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 El F-1 11 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 Drovision? Describe Basis for Conclusion: Were legal documents recorded: deed restriction or covenant running with 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: Pane 35 of 41 Packet Page -2836- S ;= ;,TION PROPERT`: STANDARDS 1 (). 111 1: 1120' iierr f the project was constructed before 1978, did the Developer comply with 7 0 ❑ ead -safe housing requirements at 24 CFR Part 35? Yes No N/A cribe 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 cribe Basis for Conclusion: Prepared By: Telephone: Email: PaaP 36 of 41 Packet Page -2837- 9/11,'2012 Iterr 16.D.4. EXHIBIT A income Certification Neighborhood Stabilization Program 1 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) Pnoe 37 of 41 Packet Page -2838- 9/11/201-' Item 1E.� .� 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 box C(e) below) 5 6 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 Date Signature of Spouse or Co -Head of Household Adult Household Member (if applicable) Adult Household Member (if applicable) Pane 38 of 41 Packet Page -2839- Date Date Date 9111 /20112 Item 16.x'.4, 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 / Ethnicity By A e White Black Hispanic Asian American Indian Other 0-25 26 - 40 41-61 62+ Special Target / 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. PaaP 39 nf 41 Packet Page -2840- EXHIBIT A -8. Quarterly Performance Report Data GENERAL 9' I "2�r 2 Item p F�.r C 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 DATE. 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. PaoP 40 of 41 Packet Page -2841- EXHIBF E. Budget GENERAL 9/11/2012 Iterr 16.D,4. 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. Panp 41 nf 41 Packet Page -2842-