Backup Documents 07/09/2013 Item #16D 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 2 6 p 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
.Tint on pink paper. ;1ttach to original document. The completed routing slip and original documents arc to he forwarded to the County.1tornet Office
time the item is placed on the agenda. !,11 completed routing slips and original documents must he reeds ed in the Counts Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Barbetta Hutchinson HHVS JF 7/10/13
2. Jennifer B. White, ACA Office located in HHVS
County Attorney Office Department 110113
3. BCC Office Board of County
Commissioners
4. Minutes and Records Clerk of Court's Office '.,. - f t"i 1(3 m
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Geoffrey Magon :sus s r.ic Phone Number 252-2336
Contact/ Department
Agenda Date Item was 7/9/13 / Agenda Item Number 16D1 V.
Approved by the BCC i l
Type of Document Amendment Number of Original 1 ✓
Attached Documents Attached .
PO number or account Ci
number if document is if
to be recorded ,./
INSTRUCTIONS & CHECKLIST ilT
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not Oj
appropriate. (Initial) , Applicable) CA
1. Does the document require the chairman's original signature? YES ✓/ •
2. Does the document need to be sent to another agency for additional signatures? If yes, NO V
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be / 4
signed by the Chairman,with the exception of most letters,must be reviewed and signed YES V
by the Office of the County Attorney. /
4. All handwritten strike-through and revisions have been initialed by the County Attorney's YES I/
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the YES / *Oz
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's YES
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip /� %
should be provided to the County Attorney Office at the time the item is input into SIRE. ^ ,1✓
Some documents are time sensitive and require forwarding to Tallahassee within a certain `�"_
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 7/9/13 (enter date)and all changes 4r� 1.`''
PP Y ( ) g , ♦ Yiv` :- .,
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable.
•9. Initials of attorney verifying that the attached document is the version approved by the ; '�
BCC,all changes directed by the BCC have been made,and the document is ready for(he t2 fl' + aa`
Chairman's signature. \
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1601
MEMORANDUM
Date: July 17, 2013
To: Geoffrey Magon, Grants Coordinator
Housing, Human & Veteran Services Department
From: Teresa Cannon, Deputy Clerk
Minutes and Records Department
Re: NSP 3 Amendment to Developer Agreement w/Habitat for
Humanity
Attached for your records is a copy of the document referenced above, (Item #16D1)
approved by the Board of County Commissioners on Tuesday,July 9, 2013.
The Minutes and Record's Department will hold the original in the Board's
Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
1601
NEIGHBORHOOD STABILIZATION PROGRAM 3
AMENDMENT NO. 3 TO DEVELOPER AGREEMENT BETWEEN COLLIER
COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY,INC.
CFDA: 14.218
th
THIS AMENDMENT, made and entered into on this 9 day of July, to the subject
agreement shall be by and between the parties to the original Agreement, Habitat for
Humanity of Collier County, Inc, EIN 59-1834379, (d/b/a/ Habitat for Humanity),
authorized to do business in the State of Florida, whose business address is 11145
Tamiami Trail E Naples FL 34113, (hereinafter called the "Developer") and Collier
County, a political subdivision of the State of Florida, Collier County,Naples (hereinafter
called the"County").
Statement of Understanding
RE: NEIGHBORHOOD STABILIZATION PROGRAM B-11UN-12-0003
In order to continue the services provided for in the original Agreement document
referenced above,the parties agree to amend the Agreement as follows:
Words Struck Through are deleted; Words Underlined are added:
(Dollar amounts have original underlines)
WITNESSETH:
* *
II. Terms and Conditions of the Funding
A. Funding Amount -- NSF-3 Funds in the amount of Three Million Four Hundred
Ninety Five Thousand Seven Hundred Forty Nine and 00/100 Dollars ($3,495,749)
are obligated for use in compliance with this agreement. The County will require
Three Hundred Eighty-Eight Thousand and 00/100 Dollars ($388,000) of the original
allocation to be returned to the County by Habitat for Humanity from the proceeds of
sale of NSP3 properties. The County will award the program income generated from
the return of sales proceeds in the amount of Three Hundred Eighty-Eight Thousand
and 00/100 Dollars ($388,000) to Habitat for Humanity to continue to carry out the
NSP3 program as required by this agreement. In addition up to Forty Thousand and
00/100 Dollars ($40,000) are obligated from NSP1 for the purpose of paying
developer fees associated with this amendment, as reflected in the budget in Exhibit
B.
* * *
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. It is understood and agreed that funds will be used according
to the approved budget (Exhibit B). Developer has the authority to reallocate
$25,000 per income category, but shall not expend less than the Low Income
Set Aside allocation of$971,042 $1,078,042. Should the Developer determine
that the reallocation is necessary, a prior notification and written approval shall
1613 1
be duly signed by the Developer and the Director of HHVS. Reallocations
above $25,000 between income categories will require prior Grantee approval.
E. Sale to Buyers - All units acquired under this agreement shall be sold to eligible
buyers in accordance with the provisions of this section.
Eligible Buyers - Eligible homebuyers must be determined to be income-eligible
in compliance with the limits and funding allocations checked below. It is
understood and agreed that funds will be used according to the approved budget
(Exhibit B). Developer has the authority to reallocate $25,000 per income
category, but shall not expend less than the Low Income Set Aside allocation of
$971,042 $1,078,042. Should the Developer determine that the reallocation is
necessary, a prior notification and written approval shall be duly signed by the
Developer and the Director of HHVS. Reallocations above $25,000 between
income categories will require prior Grantee approval.
1.
• Middle Income-81% to 120% of Area Median $750,000
Income
$1,138,000
• Moderate Income-51% to 80% of Area Median $1,504,707
Income $1,397,707
71 Low Income-less than 50% of Area Median $971,042
Income
$1,078,042
* * *
▪ Acquisition 343-9 abandoned or foreclosed single-
family properties
n Rehabilitation/reconstruction # acquired abandoned or foreclosed
n New construction # vacant properties
❑ Land Banking 5 vacant properties
n Demolition As needed and approved by the County.
V. Disbursement of Funds
A. Project expenses (excluding developer fee) shall be paid based on vouchers for
actual expenses incurred or paid. All such expenses shall be in conformance to the
approved project budget. It is understood and agreed that funds will be used
according to the approved budget (Exhibit B). Developer has the authority to
reallocate $25,000 per income category, but shall not expend less than the Low
Income Set Aside allocation of$971,042 $1,078,042. Should the Developer
determine that the reallocation is necessary, a prior notification and written
approval shall be duly signed by the Developer and the Director of HHVS. 3-j
Reallocations above $25,000 between income categories will require prior Grantee c
1601
To ensure compliance with the NSP LH25 Requirement, DEVELOPER shall ensure that
One Million Seventy-Eight Thousand Forty Two and 00/100 Dollars (1,078,042) Nine
Hundred Seventy One Thousand Forty Two and 00/100 Dollars ($971,012) be expended
to comply with the LH25 Requirement.
EXHIBIT A-2. Disbursement
GENERAL
Developer shall invest its own funds to complete the rehabilitation or development of the
properties associated with this Agreement thereby assuming risk associated with the
project. To compensate Developer for such risk, and for providing NSP-related goods
and services, such as, but not necessarily limited to, residential rehabilitation, eligible
buyer identification, and final disposition, Developer shall be paid a developer fee.
In addition to payment of developer fees, funding under this Agreement may be used for
the acquisition of eligible properties.
AMOUNT
Grantee shall pay Developer a Ten Thousand and 00/100 Dollars ($10,000) developer fee
for each of the properties acquired through this Agreement. The maximum combined
developer fee paid by Grantee to Developer through this Agreement shall be Two
Hundred Seventy Thousand and 00/100 Dollars ($270,000) from NSP3 funds, and Forty
Thousand ($40,000) from NSP1 funds for a total of Three Hundred Ten Thousand and
00/100 Dollars ($310,000); this-these amounts represents a cumulative of developer fees
paid for each of the properties acquired through this Agreement.
Grantee shall reimburse Developer a maximum One Hundred Fifty Thousand and 00/100
Dollars ($150,000) for each property acquired through this Agreement, unless a higher
amount is approved in writing by Grantee; however, such reimbursed amount may not
exceed the actual cost of acquisition. The maximum combined reimbursement paid by
Grantee to Developer through this Agreement shall be Three Million Two Hundred
Twenty Five Thousand Seven I-Iundred Forty Nine and 00/100 Dollars ($3,225,749);
however the Developer shall be awarded an additional Three Hundred Eighty-Eight
Thousand and 00/100 Dollars ($388,000) from the program income generated by the
NSP3 grant. This awarded amount is generated from the proceeds of the sale of NSP3
property having been originally been returned to the County. The awarded funds will be
used to fund additional reimbursement to the Developer for the actual cost of acquisition.
This amount represents a cumulative of reimbursements paid for each of the properties
acquired through this agreement.
EXHIBIT B. Budget
GENERAL
Developer will be provided NSP-3 funding by the Grantee for the purpose of acquiring
eligible properties for final disposition to NSP-eligible persons or families, including
payment of developer fees.
approval. 1 6 0 1
I. The DEVELOPER shall retain any net proceeds of sales, after the payment of all
closing costs and approved developer fee, under this contract, and shall comply
with the following(as checked):
The DEVELOPER may reuse such net proceeds of sale for NSP-3-eligible
activities..
fl The DEVELOPER shall return the net proceeds of each sale to the
GRANTEE at each closing.
The DEVELOPER shall return$388,000, upon the sale of NSP3 properties
to the GRANTEE no later than December 31, 2013. Proceeds to be
returned from the sale of property are upon receipt by the County to be
considered Program Income. The Program Income shall be returned into
the NSP 3 program, at which point the DEVELOPER shall be awarded the
entirety of the program income for acquisition of additional NSP3
property.
EXHIBIT A. Project Description
A. GENERAL
Developer will be provided NSP-3 funds in the amount of Three Million Four Hundred
Ninety Five Thousand Seven Hundred Forty Nine and 00/100 Dollars ($3,495,749).
Such funds will be used to acquire and land bank eligible properties in the Grantees
eligible target areas and to pay associated developer fees.
The Developer shall be required to return to the County an amount of Three Hundred
Eighty-Eight Thousand and 00/100 Dollars ($388,000) from the sale of NSP3 properties
by December 31, 2013. Such proceeds from the sale of property by the Developer shall
upon receipt by the County be considered Program Income. Proceeds received from the
Developer will be returned back into Collier County's NSP3 program and be considered
program income upon receipt. The Developer will be awarded the $388,000 in program
income, for the purpose of acquiring additional properties for the NSP3 program.
* *
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").
16131
BUDGET
Grantee shall pay Developer a Ten Thousand and 00/100 Dollars ($10,000) developer fee
for each of the properties acquired through this Agreement. The maximum combined
developer fee paid by Grantee to Developer through this Agreement shall be Two
Hundred Seventy Thousand 00/100 Dollars ($270,000) Three Hundred Ten Thousand
00/100 Dollars ($310,000); this amount represents a cumulative of developer fees paid
for each of the properties acquired through this Agreement.
Grantee shall reimburse Developer a maximum One Hundred Fifty Thousand and 00/100
Dollars ($150,000) for each property acquired through this Agreement, unless a higher
:.• • . :: : -: •- • •-: : , _ . - --; however, such reimbursed amount may not
exceed the actual cost of acquisition. The maximum combined reimbursement paid by
Grantee to Developer through this Agreement shall be Three Million Two Hundred
Twenty Five Thousand Seven Hundred Forty Nine and 00/100 Dollars ($3,225,749);
however the Developer shall be awarded an additional Three Hundred Eighty-Eight
Thousand and 00/100 Dollars ($388,000) from the program income generated by the
NSP3 grant. This awarded amount is generated from the proceeds of the sale of NSP3
property having been originally been returned to the County. The awarded funds will be
used to fund additional reimbursement to the Developer for the actual cost of acquisition.
This amount represents a cumulative of reimbursements paid for each of the properties
acquired through this agreement.
Line Item Amount
Original Award(Acquisition& Developer Fee) $3,495,749.00
NSP3 Program Income awarded (Generated from proceeds $388,000.00
returned to the County)
Additional Developer Fee's for NSP3 activities paid by NSP1 $40,000.00
Final Total Awarded to Habitat $3,923749.00
INCOME TARGETING
Funds associated with this Agreement shall be expended spent within the following
income targets.
Line Item Amount
County Administration $388,416
Habitat for Humanity Developer Fee $270,000
Additional HFH Developer Fee $40,000
Low-Income Set Aside (50%AMI) $971,042
$1,078,042
51% AMI—80%AMI $1,504,707
$1,397,707
81%AMI— 120%AMI $750,000
81%AMI — 120%AMI (PI Generated) $388,000
TOTAL $4,312,165
1601
It is understood and agreed that funds will be used according to the approved budget.
Developer has the authority to reallocate $25,000 per income category, but shall not
expend less than the Low Income Set Aside allocation of $1,078,042. Should the
Developer determine that the reallocation is necessary, a prior notification and written
approval shall be duly signed by the Developer and the Director of HHVS. Reallocations
above$25,000 between income categories will require prior Grantee approval.
IN WITNESS WHEREOF, the GRANTEE and DEVELOPER, have each, respectively,
by an authorized person or agent, hereunder set their hands and seals on the date and year
first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DwighW.Iirtre,k, Clerk of Courts COLLIE P AUNTY, FLORIDA
By.
Dated: JI Geor_7 ter er, Esq. Chairwoman.
,p ttest 0§EA,
s gnature.only.
Habitat for Humanity of Collier County, Inc.
First Witness Qa�' . A Florida not-for-profit corporation
r1°� P
?• By:
TType/print witness n. leT Print: /t/►ck /(49C4/6Aer5.
Title: F,
Second Witnes
Approved as to form and legality:
TTy.-/print witness name 1‘
oL
Jennifer A. Belpedio
Assistant County Attorney �,y\
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 0
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to he forwarded to the County Attorney Office
at the time the item is placed on the agenda. :111 completed routing slips and original documents must he received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Barbetta Hutchinson HHVS 7/19/13
2. Jennifer B. White, ACA Office located in HHVS —7 1.23 I
County Attorney Office Department
3. BCC Office Board of County GN
Commissioners -A/I,p\`�
4. Minutes and Records Clerk of Court's Office
26 t[,
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Geoffrey Magon Phone Number 252-2336
Contact/ Department ■
Agenda Date Item was 7/9/13 Agenda Item Number 16D1
Approved by the BCC
Type of Document Amended Action Plan ✓ Number of Original 1
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? YES ✓
2. Does the document need to be sent to another agency for additional signatures? If yes, NO ✓
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed YES
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's -. (V ,
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the YES 1✓�
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's YES ✓-
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip 0 t A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 7/9/13 (enter date)and all changes r#1
made during the meeting have been incorporated in the attached document. The A,
County Attorney's Office has reviewed the changes,if applicable. v
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the / �
Chairman's signature. x ±Y'
_ , , , . . . . . „ VV. ,
1601
MEMORANDUM
Date: July 29, 2013
To: Geoffrey Magon, Grants Coordinator
Housing, Human & Veteran Services Department
From: Teresa Cannon, Deputy Clerk
Minutes and Records Department
Re: NSP 3 Amended Action Plan
Attached for your records is a copy of the document referenced above, (Item #16D1)
approved by the Board of County Commissioners on Tuesday,July 9, 2013.
The Minutes and Record's Department will hold the original in the Board's
Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
1601 '
1. NSP3 Grantee Information
NSP3 Program Administrator Contact Information
Name(Last, First) Grant, Kimberley
Email Address kimberleygrant @colliergov.net
Phone Number 239-252-4663
Mailing Address 3339 Tamiami Trail E., Suite 211, Naples, Florida 34112-5361
2. Areas of Greatest Need
Map Submission
The map generated at the HUD NSP3 Mapping Tool for Preparing Action Plan website is included as an
attachment.
Data Sources Used to Determine Areas of Greatest Need
Describe the data sources used to determine the areas of greatest need.
Response
Collier County consulted local, state, and national data sources in determining the areas of greatest
need. The use of myriad data sources allowed both a macro and micro and analysis of the areas of
critical concern, local and national trends,forecasting future demand, and leveraging of existing
resources. The goal of Collier County when determining the areas of greatest need was to stabilize
neighborhoods, arrest decline, and produce a more sustainable, inclusive, and integrated community.
Local Data
Source: Naples Area Board of Realtors Multiple Listing Service(MLS).
Qualifiers: Excluded Marco Island,vacant land, commercial property, multi-family, and time-shares.
Included mobile homes, manufactured homes,short sales,and foreclosures. All properties must have a
minimum of 350 square feet.
Data Used: Median sales price, median list price, number of listings, and number of sales from January
2010 to October 2010.
The data provided a macro analysis of patterns and trends in the countywide residential real estate
market. There continues to be a significant delta between the number of listings versus number of
sales, and the median listing price versus the median sales price. For example, in October 2010 there
were 434 sales compared to 7,966 properties listed;only 5.45%of properties listed for sale in October
2010 sold. Likewise, the median listing price in October 2010 was$324,000 compared to a median sales
price in the same month of$165,000; the median sales price was approximately half of the median list
price.
It may be true that until these deltas display an extended decrease in severity, the local housing market
will continue to struggle. However,the dichotomy between the rural housing market and the coastal
housing market may distort the median data figures;thus, drawing conclusions at this level of analysis
may be problematic. For example,the December 2010 sale of a home in the prestigious Port Royal
community for$14.55 million dollars will likely distort the countywide median sales price data for that
NSP3 Action Plan
Collier County,Florida Page 1
1601
period.
Source:Various; complied and reported in the U.S. Department of Housing and Urban Development's
(HUD)NSP3 Downloadable Data Files.
Qualifiers: Data reflects market conditions for the second quarter of 2010. For further details, consult
the"Data Dictionary" prepared by HUD and available at www.huduser.org/portal/datasets/NSP.html.
Data Used: Collier County was divided into 223 distinct areas by HUD when preparing data to assist in
calculating the formula allocations amounts for NSP3. All data were used by HUD to calculate a NSP3
foreclosure need score ranging from one to twenty, with twenty being the worst. Locally, particular
attention was paid to the following factors:foreclosure need score, percent low-moderate households,
USPS vacancy rates, percentage of high-cost mortgages, and the estimate number of properties needed
to make an impact.
In order to be eligible for participation in NSP3,an area must have a foreclosure need score of at least
seventeen on the scale of twenty. Of the 223 areas HUD divided Collier County into, 206 have a
foreclosure need score of at least 17 (92.38 percent). However, many of the areas would require
expenditures in excess of the available NSP3 funding. Collier County must seek to deeply target funding
into those areas where HUD believes we can make an impact based upon current market conditions and
projections for future decline or instability.
Source:Collier County NSP1 experiences
Qualifiers:Collier County was allocated$7,306,750 and successfully obligated 100 percent of the funds
within 18 months. The program design generates program income upon sale to an income-qualified
person or family.As such,activities are ongoing.
Data Used:Acquisition locations, average acquisition cost,average rehabilitation cost, and return of
program income.
Collier County's NSP1 program has been successful in acquiring properties in focused geographical areas
most adversely affected by the foreclosure crisis. When determining areas of greatest need for NSP3,
consideration was given to properties approved using NSP1 funds. Furthermore, having already
acquired over 70 properties with NSP1, Collier County has a considerable amount of data on costs. As
such, we sought areas for NSP3 funding that we have adequate funding to make a real impact.
State Data
Source:Shimberg Center for Housing Studies, University of Florida.
Qualifiers: Data projects affordable housing needs based upon the 2000 Census. While this data is
dated,the Center was established in 1988 by the Florida legislature(Section 240.5111, Florida Statutes)
as the State's source of research relating to the problems and solutions associated with the availability
of affordable housing in Florida. As such,one must consider the data in any analysis of affordable
housing needs.
Data Used: Collier County used cost burdened household data, divided by home ownership and rental,
to assess the types of housing units projected to meet an unmet need in the community. Cost
burdened is defined as a household spending greater than 30 percent of household income on housing
related expenses.
Analyzing data from the Shimberg Center, Collier County is projected to have an average annual increase
of 739.55 cost burdened household units between 2010 and 2030. The data shows the increase by
NSP3 Action Plan
Collier County,Florida Page 2
1601
income range and housing type(home ownership versus rental) and may prove a valuable tool in the
long range planning and implementation of the NSP3 program.
National Data
Source: Neighborhood Stabilization Program Resource Exchange and other sources
Qualifiers: Information was assembled to ensure Collier County's NSP3 areas of greatest need could be
effectively served with the resources available using best practices,toolkits,and examples of successful
implementations in NSP1 and NSP2. Finally, national media coverage on housing related issues was
used to provide context within the broader economic crisis. Much of this data is not quantitative, but
remains valuable when selecting target areas.
Data Used:Two toolkits available on the Neighborhood Stabilization Program Resource Exchange were
of particular benefit when determining areas of greatest need: Instructions for Completing the NSP3
Substantial Amendment or Abbreviated Action Plan and the NSP3 Program Design Guidebook. Figure 1-2
in the NSP3 Program Design Guidebook was used to consider market types and the implications for
program design. For example, in an area with low demand and high supply of eligible properties,Collier
County may undertake demolition of blighted structures and land bank for future redevelopment.
National media coverage was used to provide a context within the broader economic crisis when
planning activities and selecting areas of greatest need. Topics considered included, but were not
limited to:the growth in families"doubling up" due to loss of income or foreclosure; decreasing local
government budgets resulting in,among other things,fewer funds for maintaining abandoned houses
and funding social service initiatives; challenges in providing effective homeless prevention; uncertainty
surrounding certain documents used by banks during foreclosure proceedings; presence of"Chinese
Drywall" in homes and the adverse effects on owners;the state of housing and the uncertainties
surround future prices; Florida Economic Outlook:July 2010(Wells Fargo).
Determination of Areas of Greatest Need and Applicable Tiers
Describe how the areas of greatest need were established and whether a tiered approach is being
utilized to determine the distribution of funding.
Response:
It is not proper, nor is it the intent,for the Collier County NSP3 to compete with the private market; the
private market will take care of the private market. Rather,the Collier County NSP3 should deeply
target those areas that are not attractive to private investors and homebuyers,and which are causing
instability,deterioration, blight, and unstable conditions in the community.
For purposes of NSP3, HUD divided Collier County into 223 unique target areas. Providing this number
of small target areas will permit Collier County to deeply target areas adversely impacted by the
foreclosure crisis. However,the County's success will depend on the availability of eligible properties.
As such,Collier County will employ a tiered approach.
Based upon data collected from NSP1, Collier County NSP3 allocation will fund activities on
approximately thirty(30) units as funding allows. A tiered approach will further define within the
general target area, sub-areas(or tiers),to ensure that the County is able to meet the impact criteria
provided by HUD. Where funds are insufficient to meet the impact criteria,the County will seek other
NSP3 Action Plan
Collier County,Florida Page 3
16D1
tiers in which funds may be deeply targeted and produce the results expected by HUD,the Housing and
Economic Recovery Act of 2008, and the Wall Street Reform and Consumer Protection Act of 2010
(Dodd-Frank Act).
Finally,when assessing tiers to target with NSP3,the County will consider properties assisted with NSP1.
For example, the County has made great efforts to stabilize an area loosely defined as Golden Gate City.
Further investment in this area and the associated tiers will maximum the effects of both NSP1 and
NSP3. Additionally,the past and future use of NSP1 in conjunction with NSP3 may assist the County in
meeting the impact criteria.
The following have been selected as the target areas for Collier County's NSP3:
Target Area One—Golden Gate City(HUD Neighborhood ID 1108764)
• Tier One—Census Tract 0104.10
o GeolD 120219230126300010410U1
o GeolD 12021923012630001041002
o GeolD 12021923012630001041003
• Tier Two-Census Tract 104.19
o GeolD 1202101419
• Tier Two-Census Tract 104.20
o GeolD 1202101420
• Tier Three—Census Tract 0104.11
o GeolD 120219230126300010411U1
o GeolD 120219230126300010411U2
o GeolD 120219230126300010411U3
o GeolD 120219230126300010411R3
o GeolD 120219230126300010411R1
Target Area Two—East Naples Bayshore Gateway CRA(HUD Neighborhood ID 3981140)
• Tier One—Census Tract 0107.01
o GeolD 120219230199999010701U4
o GeolD 120219230199999010701U1
o GeoID 120219230199999010701U2
o GeolD 12021923019999901070103
o GeolD 120219230199999010701R2
Please note that the above data is presented and identified as contained in HUD's NSP3 Mapping Tool.
Copies of the reports are attached to this application.
3. Definitions and Descriptions
Definitions
Term Definition
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Blighted Structure In conformance with Section 163.340, Florida Statutes, a "blighted structure"
means a structure that is deteriorated, or deteriorating, in which conditions,
as indicated by government-maintained statistics or other studies, are
leading to economic distress or endangering life or property, and in which
two or more of the following factors are present:
a) Predominance of defective or inadequate street layout, parking
facilities, roadways, bridges,or public transportation facilities;
b) Aggregate assessed value of real property in the area for ad valorem
tax purposes have failed to show any appreciable increase over the 5
years prior to the finding of such condition;
c) Faulty lot layout in relation to size, adequacy, accessibility,or
usefulness;
d) Unsanitary or unsafe conditions;
e) Deterioration of site or other improvements;
f) Inadequate and outdated building density patterns;
g) Falling lease rates per square foot of office, commercial, or industrial
space compared to the remainder of the county or municipality;
h) Tax or special assessment delinquency exceeding the fair value of
the land;
i) Residential and commercial vacancy rates higher in the area than in
the remainder of the county or municipality;
j) Incidence of crime in the area higher than in the remainder of the
county or municipality;
k) Fire and emergency medical service calls to the area proportionately
higher than in the remainder of the county or municipality;
I) A greater number of violations of the Florida Building Code in the
area than the number of violations recorded in the remainder of the
county or municipality;
m) Diversity of ownership or defective or unusual conditions of title
which prevent the free alienability of land within the deteriorated or
hazardous area;or
n) Governmentally owned property with adverse environmental
conditions caused by a public or private entity.
However,the term "blighted structure"or"blighted area" also means any
structure or area in which at least one of the factors identified in paragraphs
(a) through (n)are present and all taxing authorities subject to s.
163.387(2)(a) agree, either by interlocal agreement or agreements with the
agency or by resolution,that the structure or area is blighted.
Affordable Rents 24 CFR§92.252
Rents shall not exceed the Fair Market Rents(FMR) as published annually by
HUD for the Naples—Marco Island Metropolitan Statistical Area (MSA).
Furthermore,the maximum rent are the lesser of:
1) The fair market rent for existing housing for comparable units in the
area as established by HUD under 24 CFR 888.111; or
2) A rent that does not exceed 30 percent of the adjusted income of a
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family whose annual income equals 65 percent of the median
income for the area, as determined by HUD,with adjustments for
number of bedrooms in the unit.
Furthermore,when the NSP3 assisted unit is occupied by very low-income
families the rent requirements are:
1) The rent does not exceed 30 percent of the annual income of a
family whose income equals 50 percent of the median income for
the area, as determined by HUD,with adjustments for smaller and
larger families. However, if the rent determined under this
paragraph is higher than the applicable rent under paragraph (1) or
(2)of this section,then the maximum rent for units under this
paragraph is that calculated under paragraph (1)or(2) of this
section; and
2) The rent does not exceed 30 percent of the family's adjusted
income. If the unit receives Federal or State project-based rental
subsidy and the very low-income family pays as a contribution
toward rent not more than 30 percent of the family's adjusted
income,then the maximum rent(i.e.,tenant contribution plus
project-based rental subsidy) is the rent allowable under the Federal
or State project-based rental subsidy program.
Descriptions
Term Definition
Long-Term Affordability 24 CFR 92.252(a), (c), (e),and (f), and 92.254
Rental: Long-Term Affordability
The NSP3-assisted units must meet the affordability requirements for not
less than the applicable period specified below, beginning after project
completion. The affordability requirements for NSP3-assisted rental units
apply without regard to the term of any loan or mortgage or the transfer of
ownership, except that the affordability restrictions may terminate upon
foreclosure or transfer in lieu of foreclosure. Collier County will enforce
long-term affordability through the use of a recorded lien,covenant,or deed
restriction against the assisted property.
Rental housing activity Minimum period of affordability in years
Rehabilitation or acquisition of existing
housing per unit amount of NSP3 funds: 5
Under$15,000
$15,000 to$40,000 10
Over$40,000 or rehabilitation involving 15
refinancing
New construction or acquisition of newly 20
constructed housing
Subsequent rents during the affordability period will be calculated and
applied in conformance with 24 CFR 92.252(f).
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16D1
Homeownership: Long-Term Affordability
The NSP3-assisted housing must meet the affordability requirements for not
less than the applicable period specified in the following table, beginning
after project completion. These restrictions are a minimum and Collier
County may elect to impose longer affordability periods. The per unit
amount of NSP3 funds and the affordability period that they trigger are
described more fully below under"Homeownership: Recapture Provisions."
Homeownership assistance NSP3 amount Minimum period of affordability in years
per-unit
Under$15,000 5
$15,000 to$40,000 10
Over$40,000 15
Homeownership: Recapture Provisions
The recapture provisions will ensure that Collier County or their designated
Developer recoups all or a portion of the NSP3 assistance benefiting the
homebuyer, if the housing does not continue to be the principal residence of
the family for the duration of the period of affordability. The period of
affordability is based upon the total amount of NSP3 funds subject to
recapture described above.
Collier County may choose to recapture the entire amount of NSP3
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:
NSP3 investment X Net proceeds=NSP3 amount to County
NSP3 investment+homeowner investment
homeowner investment X Net proceeds=amount to homeowner
NSP3 investment+homeowner investment
Collier County 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 NSP3 investment.
Housing Rehabilitation
Standards General Standards
All NSP3-assisted housing will be required to meet or exceed local and state
building codes. All units that require rehabilitation must meet or exceed the
current Florida Building Code (FBC). The current code applied in Collier
County is 2007 FBC.
Collier County will incorporate energy-efficient, sustainable building
practices when feasible, including the use of green building to provide long-
term affordability and attractiveness within the community. Furthermore,
Collier County encompasses a large coastal area that subjects the residents
NSP3 Action Plan
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to the risk of hurricanes and severe flooding. As such,all NSP3-assisted
housing will undergo hurricane hardening and damage mitigation,when
feasible.
Required HUD Standards
In compliance with the requirements of HUD,the following standards will
apply to gut rehabilitation and new construction projects.Gut rehabilitation
is defined as the general replacement of the interior of a building that may or
may not include changes to structural elements such as flooring systems,
columns or load bearing interior or exterior walls.
a) Residential buildings up to three stories must be designed to meet
the standard for Energy Star Qualified New Homes;
b) Mid-or high-rise multifamily housing must be designed to meet
American Society of Heating, Refrigerating, Air-Conditioning
Engineers (ASHRAE)Standard 90.1-2004,Appendix G plus 20 percent
(which is the Energy Star standard for multifamily buildings piloted
by the Environmental Protection Agency and the Department of
Energy)
In further compliance with the requirements of HUD, the following standards
will apply to all NSP3-assisted housing units.
a) All rehabilitated units must meet the following standards to the
extent applicable to the work undertaken:
i. Older obsolete products and appliances(such as
windows,doors, lighting, hot water heaters,
furnaces, boilers,air conditioning units,
refrigerators, clothes washers and dishwashers)
must be replaced with Energy Star-46 labeled
products;
ii. Water efficient toilets, showers, and faucets,such as
those with the WaterSense label must be installed;
iii. Housing must be improved to mitigate the impact of
disasters(e.g. hurricane, flooding, and fire)
HUD also encourages the adoption of energy efficient and environmentally-
friendly green elements. Collier County will seek to incorporate the
standards and policies of the Florida Green Building Coalition. A copy of the
standards and policies is attached to this Action Plan.
4. Low-Income Targeting
Low-Income Set-Aside Amount
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Collier County,Florida Page 8
•
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Identify the estimated amount of funds appropriated or otherwise made available under the NSP3 to
be used to provide housing for individuals or families whose incomes do not exceed 50 percent of
area median income.
Response:
Collier County will set-aside 25 percent of funds appropriated to the County to provide housing for
individuals or families whose incomes do not exceed 50 percent of the area median income, adjusted for
household size. The final dollar amount is 25 percent of the sum of the County's appropriation and
program income, rounded up to the nearest thousand. ' -- • -- - -• • • • • . .:-: • • : :• • •-
Total low-income set-aside percentage(must be no less than 25 percent): 25.00%
Total funds set aside for low-income individuals =$1,078,042
Meeting Low-Income Target
Provide a summary that describes the manner in which the low-income targeting goals will be met.
Response:
Habitat for Humanity of Collier County, Inc. (hereinafter, "Habitat for Humanity" or"Developer"), has
been successful in providing homeownership to households earning less than 50 percent of the area
median income. Through a developer agreement, Collier County shall partner with Habitat for Humanity
to meet the low-income targeting requirement through the provision of affordable homeownership.
5. Acquisition and Relocation
Demolition or Conversion of LIVII Units
Does the grantee intend to demolish or convert any low-and moderate-income
dwelling units(i.e.,<_80%of area median income)? Yes
If yes,fill in the table below.
Question Number of Units _
The approximate number of low-and moderate-income dwelling units---i.e.,<_80%
of area median income—reasonably expected to be demolished or converted as a
direct result of NSP-assisted activities. 3 units
The approximate total number of NSP affordable housing units made available to
low-,moderate-,and middle-income households—i.e., 5_ 120%of area median
income—reasonably expected to be produced by activity and income level as
provided for in DRGR, by each NSP activity providing such housing(including a
proposed time schedule for commencement and completion). All activities have
an estimated
commencement
date of March 1,
2011 and
completion date
NSP3 Action Plan
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Cal
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2014.
Activity 1
LM M H/LH25
—25 units
Activity 2 LMMH
—5 units
The number of dwelling units reasonably expected to be made available for 7 units
households whose income does not exceed 50 percent of area median income.
6. Public Comment
Citizen Participation Plan
Briefly describe how the grantee followed its citizen participation plan regarding this proposed
substantial amendment or abbreviated plan.
Response:
The Collier County Citizen Participation Plan was adopted January 9, 2001. The following steps were
taken in preparation of this NSP3 substantial amendment:
1. Technical Assistance—In addition to providing public access to the draft and development
document used in the preparation of this substantial amendment, Collier County was available
to provide technical assistance to citizens, citizen groups, nonprofit organizations and agencies
that requested assistance in understanding the NSP3.
2. Public Hearings/Meetings—The development of the Collier County NSP3 substantial
amendment was contemplated in regular, publicly advertised meeting(s)of the Affordable
Housing Advisory Committee,the Board of County Commissioners, and advertised in a
newspaper of general circulation.
3. Fifteen-Day Public Comment Period—The County published notice of the availability of the
proposed NSP3 substantial amendment in a newspaper of general circulation and posted it on
the County's website. The publication described, among other items,the total County
appropriation,target areas, and proposed activities.
4. County Commission—Citizen participation requirements shall not be construed to restrict the
responsibility or authority of the County for the development and execution of the NSP3
program activities. The County Commission remains the sole approving authority for the
program and any amendments.
Summary of Public Comments Received.
No public comments were received.
7. NSP Information by Activity
Activity Number 1
NSP3 Action Plan
Collier County,Florida Page 10
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Activity Name Acquisition and Rehabilitation (LMMH)
Select all that apply:
❑ Eligible Use A: Financing Mechanisms
Uses ® Eligible Use B:Acquisition and Rehabilitation
C Eligible Use C: Land Banking
® Eligible Use D: Demolition
® Eligible Use E: Redevelopment
24 CFR 570.201(a)Acquisition, (b) Disposition, (d)Clearance for blighted
structures, (i) Relocation, and (n) Direct homeownership assistance(as
CDBG Activity or modified below); 24 CFR 570.202 eligible rehabilitation and preservation
Activities activities for homes and other residential properties. HUD notes that any of
the activities listed above may include required homebuyer counseling as an
activity delivery cost.
National Objective Low Moderate Middle Income Housing(LMMH)/LH25
Activity Number 1 will provide funding to Developer to acquire properties
that have been abandoned or foreclosed upon. Once rehabilitation is
complete, utilizing funding provided by the Developer,the home will be sold
to persons or households earning not greater than 120 percent area median
income, adjusted for household size.
The activity will attempt to stabilize neighborhoods, arrest decline, and create
a more sustainable, integrated, and affordable community. The local housing
market conditions in the target areas generally consists of elevated vacancy
rates, greater percentage of homes financed with a high cost loan,a large
number of mortgages seriously delinquent(90+or more delinquent or in
foreclosure), and a significant percentage decline in home values since the
peak value. For example,since the peak value,home values in the target
areas have fallen 48.4 percent.
The Developer will seek to purchase homes and residential properties that
Activity Description have been abandoned or foreclosed upon, in order to sell or redevelop such
homes and properties. The Developer may,with written consent by the
County, demolish blighted structures acquired by the Developer in order to
redevelop as housing.When selecting target areas for this activity, Collier
County paid close attention to the impact score assigned by HUD. The impact
score is the estimated number of properties needed to make an impact in the
identified target area.
Consideration of the impact score is especially important because, as HUD
states, "nationwide there have been over 1.9 million foreclosure completions
in the past two years. NSP 1, 2, and 3 combined are estimated to only be able
to address 100,000 to 120,000 foreclosures. To stabilize a neighborhood
requires focused investment." Therefore,target areas were selected in which
Collier County would be able to make the impact recommended by HUD.
When providing assistance to persons,families, non-profit agencies,or other
organizations,the following general terms will apply:
NSP3 Action Plan
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• Range of interest rates:0 percent to 5 percent
• Term of assistance:5 years to 30 years
• Tenure of beneficiaries:homeowners
The activity is expected to benefit income-qualified persons or households by
producing safe,decent,and affordable housing. Additionally,the Developer
may seek to incorporate energy efficient and environmentally-friendly green
a elements in each project.
One of the major obstacles to affordable homeownership is saving for a down
payment. Oftentimes the low-and very-low income residents of Collier
County are struggling to pay a monthly rent payment,as well as other
household expenses. This activity will benefit income-qualified persons or
households by offering a newly rehabilitated property through Habitat for
Humanity to reduce the heavy burden of saving a sizable down payment.
Another factor affecting residents within the target areas is reduced
employment opportunities. Collier County has long relied on industries fueled
by population growth to provide employment opportunities for residents.
According to the Collier County Economic Development Council's 2009
Market Facts report,construction,retail trade and accommodations,and food
* service employ the largest number of Collier County residents. All three
industries have an average wage well below the area median income
($44,592,$29,120,and$22,683 respectively)thereby making any disruption
in income potentially devastating. This activity will benefit income-qualified
persons or households be providing affordable housing that is integrated and,
whenever possible,located near employment centers and public
transportation.
` This activity will produce housing that is intended to remain affordable. In
compliance with NSP3 regulations,Collier County has adopted as a safe
harbor the affordability standards of the HOME program at 24 CFR 92.252(a),
(c), (e),and(f),and 92.254.
The County will require that the Developer return$388,000 to the County
if. from the proceeds of sale of NSP3 properties.The$388,000 will upon receipt
by the County be classified as program income.The$388,000 generated in
program income will be awarded to Habitat for Humanity to continue to
acquire and rehabilitate additional property in line with their NSP3 developer
agreement with the County.
The Developer will seek,to the maximum extent possible,to hire or cause to
be hired employees who reside in the vicinity of NSP3 projects or contract
with small businesses that are owned and operated by persons residing in the
s . M
vicinity of the project. For the purposes of NSP3,HUD defines"vicinity"as
each neighborhood identified within this document as being the areas of
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greatest need.
The following are examples of activities that may be used to accomplish this
initiative:
• Outreach to local area residents and businesses;
• Inclusion of Section 3 and other relevant language in all applicable
contracts;
• Advertising of economic opportunities to local area residents and
businesses
Neighborhood ID 1108764:Golden Gate City
• Tier One—Census Tract 0104.10
• Tier Two—Census Tract 0104.19,0104.20
Location Description • Tier Three—Census Tract 0104.11
Neighborhood ID 3981140: East Naples Bayshore Gateway CRA
• Tier One—Census Tract 0107.01
Source of Funding Dollar Amount
Budget NSP3 $3,107,332
Total Budget for Activity $3,107,332
Performance Measures Acquire and rehabilitate approximately twenty four(21)twenty-five(25) units
of housing for LMMH and LH25, as funding permits.
Projected Start Date March 1, 2011
Projected End Date February 28,2014
Name Collier County Department of Housing,
Human, and Veteran Services
Responsible Location 3339 Tamiami Trail E., Suite 211,
Organization Naples, Florida 34112
•
Administrator Contact Info 239-252-4663
kimberleygrant @colliergov.net
Activity Number 2
Activity Name Land Bank(LMMH)
Select all that apply:
11 Eligible Use A: Financing Mechanisms
Use C Eligible Use B:Acquisition and Rehabilitation
Eligible Use C: Land Banking
Eligible Use D: Demolition
LI Eligible Use E: Redevelopment
CDBG Activity or 24 CFR 570.201(a)Acquisition and (b) Disposition. HUD notes that any of the
Activities activities listed above may include required homebuyer counseling as an
activity delivery cost.
NSP3 Action Plan
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National Objective Low Moderate Middle Income Housing(LMMH)
Activity Number 2 will provide funding to Habitat for Humanity to purchase
and operate a land bank. As detailed below,the high cost of land was a major
contributor to the lack of affordable housing during the height of the local
housing market.
The activity will attempt to stabilize neighborhoods, arrest decline,and create
a more sustainable, integrated,and affordable community. The local housing
market conditions in the target areas generally consists a high supply of
eligible properties, low demand for housing, or high levels of vacancy.
Furthermore,the target areas are suffering from,or are at risk for blighted
conditions. NSP3 provides a unique opportunity to improve a community be
permitting land banking.
At the peak of the housing market in Collier County(4th quarter 2005),only
16.3%of homes sold were affordable to a household earning the area median
Activity Description income (source: National Association of Home Builders/Wells Fargo Housing
Opportunity Index). The cost of land was a major contributor to the lack of
affordable housing during the housing market boom. Use funds under this
activity, Collier County will prepare for the increase in vacant land costs by
seeking to acquire properties at low cost.
The Land Bank activity will not produce a range of interest rates,terms of
assistance, or tenure of beneficiaries. Rather,those elements will present
themselves upon redevelopment of the subject property within ten (10)years
as required by HUD.
This activity will not produce housing, rather it will fund the acquisition of
properties for land banking by the Developer. Additionally, land banking will
not create hiring opportunities for citizens or small businesses residing in the
vicinity of the project.
Neighborhood ID 1108764: Golden Gate City
• Tier One—Census Tract 0104.10
• Tier Two—Census Tract 0104.19,0104.20
Location Description • Tier Three—Census Tract 0104.11
Neighborhood ID 3981140: East Naples Bayshore Gateway CRA
Tier One—Census Tract 0107.01
Source of Funding Dollar Amount
Budget NSP3 $388,418
Total Budget for Activity $388,418
Performance Measures Acquire approximately five (5) land bank properties,as funding permits.
Projected Start Date March 1, 2011
Projected End Date February 28, 2014
Responsible Name
Collier County Department of Housing,
Organization Human, and Veteran Services
Location 3339 Tamiami Trail E., Suite 211,
NSP3 Action Plan
Collier County,Florida Page 14
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Naples, Florida 34112
Administrator Contact Info 239-252-4663
kimberleygrant @colliergov.net
Activity Number 3
Activity Name Administration
Select all that apply:
® Eligible Use A: Financing Mechanisms
Use Eligible Use B: Acquisition and Rehabilitation
Eligible Use C: Land Banking
® Eligible Use D: Demolition
►1 Eligible Use E: Redevelopment
24 CFR 570.205 and 206,as amended to provide an alternative that an
CDBG Activity or amount of up to ten (10) percent of an NSP grant provided to a jurisdiction
Activities and of up to ten (10) percent of program income earned may be used for
general administration and planning activities.
National Objective N/A—Administration
Activity Description This activity will fund the cost of administering the NSP3.
Location Description N/A-Administration
Source of Funding Dollar Amount
Budget NSP3 $388,415.00
Total Budget for Activity $388,415.00
Performance Measures N/A—Administration
Projected Start Date March 1, 2011
Projected End Date February 28, 2014
Name Collier County Department of Housing,
Human,and Veteran Services
Responsible Location 3339 Tamiami Trail E.,Suite 211,
Organization Naples, Florida 34112
Administrator Contact Info 239-252-4663
kimberleygrant @colliergov.net
8. Certifications
Certifications for State and Entitlement Communities
(1)Affirmatively furthering fair housing. The jurisdiction certifies that it will affirmatively further fair
housing,which means that it will conduct an analysis to identify impediments to fair housing choice
NSP3 Action Plan
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within the jurisdiction,take appropriate actions to overcome the effects of any impediments identified
through that analysis,and maintain records reflecting the analysis and actions in this regard.
(2)Anti-displacement and relocation plan.The applicant certifies that it has in effect and is following a
residential anti-displacement and relocation assistance plan.
(3)Anti-lobbying.The jurisdiction must submit a certification with regard to compliance with
restrictions on lobbying required by 24 CFR part 87,together with disclosure forms, if required by that
part.
(4)Authority of jurisdiction.The jurisdiction certifies that the consolidated plan or abbreviated plan, as
applicable, is authorized under state and local law(as applicable) and that the jurisdiction possesses the
legal authority to carry out the programs for which it is seeking funding, in accordance with applicable
HUD regulations and other program requirements.
(5)Consistency with plan.The jurisdiction certifies that the housing activities to be undertaken with NSP
funds are consistent with its consolidated plan or abbreviated plan,as applicable.
(6)Acquisition and relocation.The jurisdiction certifies that it will comply with the acquisition and
relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970,as amended (42 U.S.C.4601), and implementing regulations at 49 CFR part 24,except as those
provisions are modified by the notice for the NSP program published by HUD.
(7)Section 3.The jurisdiction certifies that it will comply with section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u), and implementing regulations at 24 CFR part 135.
(8)Citizen participation.The jurisdiction certifies that it is in full compliance and following a detailed
citizen participation plan that satisfies the requirements of Sections 24 CFR 91.105 or 91.115,as
modified by NSP requirements.
(9) Following a plan.The jurisdiction certifies it is following a current consolidated plan (or
Comprehensive Housing Affordability Strategy)that has been approved by HUD. [Only States and
entitlement jurisdictions use this certification.]
(10) Use of funds.The jurisdiction certifies that it will comply with the Dodd-Frank Wall Street Reform
and Consumer Protection Act and Title XII of Division A of the American Recovery and Reinvestment Act
of 2009 by spending 50 percent of its grant funds within 2 years,and spending 100 percent within 3
years,of receipt of the grant.
(11)The jurisdiction certifies:
a. that all of the NSP funds made available to it will be used with respect to individuals and families
whose incomes do not exceed 120 percent of area median income; and
b. The jurisdiction will not attempt to recover any capital costs of public improvements assisted
with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount against
properties owned and occupied by persons of low-and moderate-income, including any fee
charged or assessment made as a condition of obtaining access to such public improvements.
However, if NSP funds are used to pay the proportion of a fee or assessment attributable to the
capital costs of public improvements(assisted in part with NSP funds)financed from other
NSP3 Action Plan
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16131 '
revenue sources,an assessment or charge may be made against the property with respect to
the public improvements financed by a source other than CDBG funds. In addition, with respect
to properties owned and occupied by moderate-income (but not low-income) families,an
assessment or charge may be made against the property with respect to the public
improvements financed by a source other than NSP funds if the jurisdiction certifies that it lacks
NSP or CDBG funds to cover the assessment.
(12) Excessive force.The jurisdiction certifies that it has adopted and is enforcing:
a. A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and
b. A policy of enforcing applicable state and local laws against physically barring entrance to,or
exit from, a facility or location that is the subject of such nonviolent civil rights demonstrations
within its jurisdiction.
(13)Compliance with anti-discrimination laws.The jurisdiction certifies that the NSP grant will be
conducted and administered in conformity with Title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d),
the Fair Housing Act(42 U.S.C. 3601-3619), and implementing regulations.
(14)Compliance with lead-based paint procedures.The jurisdiction certifies that its activities
concerning lead-based paint will comply with the requirements of part 35, subparts A, B,J, K, and R of
this title.
(15)Compliance with laws.The jurisdiction certifies that it will comply with applicable laws.
(16)Vicinity hiring. The jurisdiction certifies that it will,to the maximum extent feasible, provide for
hiring of employees that reside in the vicinity of NSP3 funded projects or contract with small businesses
that are owned and operated by persons residing in the vicinity of NSP3 projects.
(17)Development of affordable rental housing.The jurisdiction certifies that it will be abide by the
pro •ures described 'n its NSP3 Abbreviated Plan to create preferences for the development of
aff•rd-•le ental ho sing for properties assisted with NSP3 funds.
Signature/Authorized Official Date
Georgia A. Hiller, Esq.
Chairwoman
,ATTE51...
Approved as to form and legality
maw E. a" CLE
4% w �y,�, # Assistant County .� .rney
•
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Appendix: NSP3 Action Plan Contents Checklist
The checklist below is an optional tool for NSP3 grantees to help to ensure that all required elements of
the NSP3 Substantial Amendment or the Abbreviated Plan are submitted to HUD. This checklist only
includes the minimum required elements that must be included in the NSP3 Action Plan and grantees
may want to add additional details.This document must be protected,as described above, in order to
use the checkboxes in this checklist.
1. NSP3 Grantee Information
. z . . . Yes
Did you include the Program Administrator's name,address, phone,
and email address? ❑
2. Areas of Greatest Need
Yes
Does the narrative description describe how funds will give priority ❑
emphasis to areas of greatest need?
Does the narrative description specifically address how the funds will
give priority emphasis to those areas:
• With the highest percentage of home foreclosures?
• With the highest percentage of homes financed by subprime ❑
mortgage related loan?;and
• Identified by the grantee as likely to face a significant rise in ❑
the rate of home foreclosures?
Did you create the area of greatest needs map at ❑
http://www.huduser.org/NSP/NSP3.html?
Did you include the map as an attachment to your Action Plan? C
ONLY Applicable for States:Did you include the needs of all n
entitlement communities in the State?
3. Definitions and Descriptions
Yes
Are the following definitions and topics included in your substantial ////y
amendment?:
• Blighted structure in context of state or local law, ❑
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• Affordable rents, i n
• Ensuring long term affordability for all NSP funded housing — ❑
projects,
• Applicable housing rehabilitation standards for NSP funded
projects
4. Low-Income Targeting
Yes
Did you identify the estimated amount of funds appropriated to ❑
provide housing that meets the low-income set aside target?
Did you provide a summary describing how your jurisdiction will meet ❑
its low-income set aside goals?
5. Acquisition &Relocation
Yes
For all acquisitions that will result in displacement did you specify:3
• The planned activity, ❑
• The number of units that will result in displacement, ❑
• The manner in which the grantee will comply with URA for
those residents? ❑
6. Public Comment
Yes
Did you provide your draft of the NSP3 substantial amendment for a ❑
minimum of 15 days for public comment?
Did you include the public comments you received on the NSP3 ❑
substantial amendment in your plan?
7. NSP Information by Activity
Check all
that apply
Did you include a description of all eligible NSP3 activities you plan to I ❑
implement with your NSP3 award?
For each eligible NSP3 activity you plan to implement did you include: V
16D1
• Eligible use or uses?
• Correlated eligible CDBG activity or activities? ❑
• Associated national objective? ❑
• How the activity will address local market conditions? ❑
• Range of interest rates(if any)? ❑
• Duration or term of assistance? ❑
• Tenure of beneficiaries(e.g.rental or homeowner)? ❑
• If the activity produces housing, how the design of the activity ❑
will ensure continued affordability?
• How you will,to the maximum extent possible,provide for
vicinity hiring? 1:1
• Procedures used to create affordable rental housing
preferences?
• Areas of greatest need addressed by the activity or activities? ❑
• Amount of funds budgeted for the activity? ❑
• Appropriate performance measures for the activity(e.g.units
of housing to be acquired,rehabilitated,or demolished for the ❑ I
income levels represented in DRGR)?
• Expected start and end dates of the activity? [1
• Name and location of the entity that will carry out the activity? ❑
8. Certifications
. . Yes
Did you sign and submit the certification form applicable to your ❑
jurisdiction?
9. Additional Documentation
Yes
Did you include a signed SF-424? ❑
16131
EXHIBIT F
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
Multi-Lingual Listing of Department Employees
Date:
Voluntary Participation:Please include employees who are willing to assist a LEP client of Housing, Human,and
Veteran Services who requires language assistance. Send this survey form to the Public Services Division,
Attention:NAME,by DATE.
Division/Department Name:
Division/Department Contact:
Employee's
Employee's Name Contact Phone Language Can Speak? Can Read? Degree of
No. Yes or No Yes or No Fluency
EXHIBIT F
1 60 1
LIMITED ENGLISH PROFICIENCY(LEP)QUESTIONNAIRE
This questionnaire is to be completed by Housing, Human, and Veteran Services staff providing
services to individuals with Limited English Proficiency. Please complete the questionnaire for each
LEP individual served.
Staff Member: Date:
Name of LEP Individual(if known):
1. What is the primary language spoken by the LEP person?(e.g.,Spanish,Creole,German,etc.)
2. Describe the type of service or services provided to this person. (e.g., housing assistance,
prescription assistance,respite care, etc.)
3. Was the program service provided within the timeframe as the service is provided to non-LEP
individuals?(Yes or No; if No, please indicate if service was due to need for LEP service)
4. What type of LEP services did you provide to this person?(e.g., oral interpretation in person
or by phone,written translation,none,etc.)
5. Who provided to interpreter services? (e.g., bilingual staff, community volunteer, LEP
person's family member,friend,etc.)
6. Was this person satisfied with the interpreter services provided? (Yes or No; if No, please
explain)
�a�
1601
• Range of interest rates:0 percent to 5 percent
• Term of assistance:5 years to 30 years
• Tenure of beneficiaries: homeowners
The activity is expected to benefit income-qualified persons or households by
producing safe, decent, and affordable housing. Additionally,the Developer
may seek to incorporate energy efficient and environmentally-friendly green
elements in each project.
One of the major obstacles to affordable homeownership is saving for a down
payment. Oftentimes the low-and very-low income residents of Collier
County are struggling to pay a monthly rent payment,as well as other
household expenses. This activity will benefit income-qualified persons or
households by offering a newly rehabilitated property through Habitat for
Humanity to reduce the heavy burden of saving a sizable down payment.
Another factor affecting residents within the target areas is reduced
employment opportunities. Collier County has long relied on industries fueled
by population growth to provide employment opportunities for residents.
According to the Collier County Economic Development Council's 2009
Market Facts report, construction, retail trade and accommodations, and food
service employ the largest number of Collier County residents. All three
industries have an average wage well below the area median income
($44,592, $29,120,and $22,683 respectively)thereby making any disruption
in income potentially devastating. This activity will benefit income-qualified
persons or households be providing affordable housing that is integrated and,
whenever possible, located near employment centers and public
transportation.
This activity will produce housing that is intended to remain affordable. In
compliance with NSP3 regulations,Collier County has adopted as a safe
harbor the affordability standards of the HOME program at 24 CFR 92.252(a),
(c), (e),and (f), and 92.254.
The County will require that the Developer return$388,000 to the County
from the proceeds of sale of NSP3 properties.The$388,000 will upon receipt
by the County be classified as program income.The$388,000 generated in
program income will be awarded to Habitat for Humanity to continue to
acquire and rehabilitate additional property in line with their NSP3 developer
agreement with the County.
The Developer will seek,to the maximum extent possible,to hire or cause to
be hired employees who reside in the vicinity of NSP3 projects or contract
with small businesses that are owned and operated by persons residing in the
vicinity of the project. For the purposes of NSP3, HUD defines "vicinity"as
each neighborhood identified within this document as being the areas of
NSP3 Action Plan
Collier County,Florida Page 12