Backup Documents 10/22/2019 Item #11I ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1
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 be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be 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 Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Cormac Giblin Community and Human CG L20 G102c
Services d
2. County Attorney Office t (, C7c o� S
3. BCC Office Board of County t-'I
Commissioners I ) k / ‘ 1/Z S
4. Minutes and Records Clerk of Courts Office f I6/:)-5
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 Cormac Giblin Phone Number 252-2399
Contact/ Department
Agenda Date Item was 10/22/19 Agenda Item Number l 1I
Approved by the BCC
Type of Document Develo er Agreement Number of Original 1
Attached B. is Documents Attached
PO number or account l K 0.d s 1 c7 r.p of
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? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, NA
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 CG
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA
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 CG
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 CG
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip NA
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 10/22/19 and all changes made during WAls no
the meeting have been incorporated in the attached document. The County �/1\ ►* 1
Attorney's Office has reviewed the changes,if applicable. tt trte
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 a ?n for
Chairman's signature. e-
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
Heidi Ashton i 1 I
From: Martha S. Vergara <Martha.Vergara@collierclerk.com>
Sent: Monday, June 2, 2025 1:48 PM
To: Heidi Ashton
Cc: Wanda Rodriguez; Cormac Giblin;Jennifer Belpedio; Kathynell Crotteau; Carrie Kurutz;
Madison Bird
Subject: RE: Ekos on Santa Barbara-Developer Agreement 10-22-19 It3em 111
Importance: High
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme
caution when opening attachments or clicking links.
Hi Heidi,
According to our records in Backup Documents that item was never received.
So in order to process this document yes please send the pink routing sheet with the
Developer Agreement (9 pgs w/1 map).
It does look as though back then (2019) Teresa signed the Long-Term Ground Lease that
was ratified in Item #16F1D.
I will take care of the document myself once sent to our office.
Thank you, a j a
Martha Vergara Pc( te0 t �
BMR &VAB Senior Clerk I
°`kf Office: 239-252-7240 � S(\ Q I`) Li .20 g�
Fax: 239-252-8408 a a r
r E-mail: Martha.Vergara@CollierClerk.com J
Office of the Clerk of the Circuit Court c (A-
„ e/�
���r & Comptroller of Collier County
` � 3299 Tamiami Trail E, Suite #401 yZ 0C, , l
l
Naples, FL 34112 IJ gyp,
www.CollierClerk.com CkIXI
( I
tc)►,i n_t_
•
From: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov>
Sent: Monday,June 2, 2025 12:30 PM
To: Minutes and Records<MinutesandRecords@collierclerk.com>
Cc: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; GiblinCormac<Cormac.Giblin@colliercountyfl.gov>;
BelpedioJennifer<Jennifer.Belpedio@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>;
Carrie Kurutz<Carrie.Kurutz@colliercountyfl.gov>; BirdMadison <Madison.Bird@colliercountyfl.gov>
Subject: FW: Ekos on Santa Barbara-Developer Agreement 10-22-19 It3em 111
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DEVELOPER AGREEMENT
(BEMBRIDGE PROJECT)
THIS DEVELOPER AGREEMENT (the "Agreement") is made as of the day of
ct)be<2019, by and between McDowell Housing Partners, LLC, a Delaware limited liability
company ("Developer") and Collier County, a political subdivision of the State of Florida (the
"County").
RECITALS
WHEREAS, On November 13, 2018, the Board of County Commissioners approved
issuing a solicitation for interest to develop an approximately 5-acre tract of land for affordable
housing. The parcel is more commonly described as the Bembridge PUD (Folio 00400246406).
The legal description of such real property is attached hereto as Exhibit"A" (the "Property")
WHEREAS, On March 7, 2019, Invitation to Negotiate (ITN) No. 19-7556 was opened
on the Collier County Procurement Services Division Online Bidding System with the intent of
obtaining proposals from interested and qualified vendors in accordance with the terms,
conditions and specifications including minimum requirements to provide at least affordable 54
units of workforce housing for households earning between 30 — 140% of the Area Median
Income with at least 10% of units identified for seniors, veterans and/or special needs
populations.
WHEREAS, in April 10, 2019, Developer submitted a timely response to ITN No. 19-
7556. The County received a total of 10 responses from interested developers.
WHEREAS, On July 9, 2019, Developer was selected by the Board of Collier County
Commissioners to enter negotiations for the development of the Property pursuant to solicitation
ITN No. 19-7556; and
WHEREAS, the County has agreed to, pursuant to Florida Statutes, Section 125.379, to
lease the Property to Developer (or its successor and assigns), pursuant to that certain 99-year
ground lease dated August 13, 2019 (the "Ground Lease") which is attached as Exhibit B, for
development and use by Developer (defined below) to improve the Property, with such
improvements to include, but not be limited to affordable residential rental units; and
WHEREAS, Developer has applied and intends to apply for additional financing from
Florida Housing Finance Corporation ("FHFC") under FHFC's competitive Request for
Application process.
WHEREAS, Developer and the County desire to memorialize the terms and conditions
pursuant to which Developer will improve the Property, and the manner in which any related
escrow account shall be established; and
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NOW, THEREFORE, in consideration of mutual benefits and the public interest and
other good and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
Section 1. Recitals.
1.1 The above recitals are true and correct, are hereby incorporated herein by
reference, and form a material part of this Agreement. All Exhibits and Developer's submission
to ITN 19-7556 are hereby incorporated herein by reference and accordingly deemed a part of
this Agreement.
Section 2. Ownership.
2.1 Developer will form a single-purpose legal entity (the "Project Owner")
to serve the applicant entity which will seek funding for FHFC.
Section 3. Design and Construction; Timeline.
3.1 Developer plans to use the Property for construction of a three-story walk-
up garden building, or a four-story elevator building, with at least 78 units (the "Project") with
on grade parking. The units shall feature solid surface countertops; plywood cabinets; ceramic
and/or luxury vinyl tile flooring; full-size energy star appliances including range, refrigerator
microwave, and dishwasher; and LED lighting. Community amenities will consist of on-site
management and maintenance; stand-alone clubhouse or multipurpose community room;
swimming pool; fitness center; media/computer room; and outdoor tot lot. If the Project is
designated a family demographic by FHFC it shall contain a mix of one-bedroom/one-bathroom,
two-bedroom/ two-bathroom, and three bedrooms/two-bathroom units. If the Project is
designated an elderly demographic by FHFC, and pursuant to Section 42 of the Internal Revenue
Code, the Project shall contain a mix of one-bedroom/one- bathroom and two-bedrooms/two-
bathroom units.
3.2 Developer agrees to cause the design, permitting, and construction of the
Project to be completed at its sole cost and expense in accordance with those plans and
specifications approved by the County.
3.3 Developer agrees that any improvements on the Property will only include
the Project and not any commercial development or outdoor storage.
3.4 Upon approval of the plans, specifications, and permits by the authorities
having jurisdiction over the Project (the "Governmental Authorities"), the Project Owner shall
promptly construct the Project. In so doing, the Project Owner shall: (a) comply with the permits
and all other applicable laws, approvals, codes and requirements of orders promulgated by all
Governmental Authorities (the "Approvals"), (b) perform all work in a safe and workmanlike
manner, and(c) ensure construction commences and is substantially complete in accordance with
the Approvals.
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3.5 Developer agrees to provide a timeline of the anticipated schedule for
construction of the Project and will provide the County with any significant changes to such
schedule consistent with Paragraph 5 of the Long Term Ground Lease. If the Developer fails to
receive an allocation or is unable to secure funding within 24 months from the effective date of
this agreement the County may exercise its option terminate this agreement. The above
referenced deadlines may be extended at the discretion of the County Manager or designee up to
six months in accordance with the Long Term Ground Lease.
Section 4. Rent and Income Restrictions.
4.1 Developer commits to restrict the income of households earning to
30-120% of the area median income, as published annually by the U.S. Department of Housing
and Urban Development ("HUD").
4.2 Developer agrees to target and market at least 10% of units for seniors,
veterans, or special needs populations.
Section 5. Environmental Provisions.
5.1 Developer has inspected the Property, is familiar with the condition of the
Property, including the underlying environmental conditions, and based on the foregoing, accepts
such Property "as is" and with all faults, including those identified in any environmental report
obtained by McDowell, an assumes all risks associated with pursuing the Project in accordance
with this Lease and all applicable law.
5.2 Developer shall not (a) knowingly cause or permit the escape, disposal or
release of any hazardous substances on the Property, or (b) knowingly allow the storage or use of
such substances or materials in any manner not sanctioned by law or by the highest standards
prevailing in the industry for the storage and use of such substances or materials on the Property,
or (c) knowingly allow any such materials or substances to be brought onto the Property except
to use in the ordinary course of Developer's business or by lessees of the residential units.
Section 6. Utility Costs and Related Improvements.
6.1 The County will not be required to make improvements or incur any costs
in connection with the development and maintenance of the residential Project, including roads,
sidewalks, landscaping, storm water facilities, etc. All costs associated with any connectivity or
upgraded service for water, sewer or other utilities for the benefit of the project, including any
connectivity to Santa Barbara and related improvements, traffic signals, and the installation and
costs of those improvements, if and when required, shall be at the sole cost and expense of
Developer.
Section 7. Performance of Development.
7.1 The Project will be constructed in a good and workmanlike manner and in
compliance with all applicable laws, at Developer's sole cost and expense. The Project Owner
shall be responsible for obtaining all governmental permits, licenses and approvals necessary for
the construction of the Project. Developer shall be responsible for all applicable impact,
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building, and utility connection fees imposed by any governmental authority, except for the
governmental authority's ability to defer such fees, with respect to the Project and Developer's
use thereof. Without limiting the foregoing, during any periods of construction, maintenance or
repair of the Project, Developer will monitor all construction, maintenance and repair activity on
the Property to ensure compliance with the requirements contained herein.
Section 8. Performance Bond.
8.1 Developer shall furnish a payment and performance bond in form and
substance satisfactory to the County in amount equal to one hundred percent (100%) of the
construction costs for the Project as certified by Developer's engineer of record or general
contractor, which shall be issued by a surety having a credit rating of"A" or higher.
Section 9. Early Termination.
The Developer shall deliver to the County the construction time line provided to the construction
lender and the tax credit equity partner. Each month the Developer shall provide a construction
progress certificate and if the construction schedule is 6 months or more behind the development
schedule, the County may replace the Developer with another developer with the necessary
experience to complete the Project, provided; however, before replacing the Developer, the
County shall provide the construction lender and tax credit equity partner a reasonable period of
time to complete the Project.
Section 10. Assignment.
County acknowledges under FHFC's Request of Applications, the Developer may be in form a
single purpose entity ("SPE") applying for finding. Developer may assign this Developer
Agreement without the prior written consent of the County to the SPE whose partner shall be an
affiliate of Developer. Affiliate is herein defined as a single purpose legal entity controlled,
through membership or general partnership interest, by Developer. Developer must provide
written notice to County of any assignment to an Affiliate within thirty (30) days of such
conveyance. Any purported assignment to a non-Affiliate without the express written consent of
County shall be considered void from its inception. It is hereby acknowledged and agreed
between the parties that all covenants, conditions, agreements, and undertakings contained in
this Agreement shall extend to and be binding upon the respective assigns of the respective
parties hereto.
Section 11. Public Records.
11.1 Developer understands that by virtue of this Agreement all of its
documents, records and materials of any kind, relating to the relationship created hereby, shall be
open to the public for inspection in accordance with Florida law. If Developer will act on behalf
of the County, as provided under section 119.011(2), Florida Statutes, Developer, subject to the
terms of section 287.058(1)(c), Florida Statutes, and any other applicable legal and equitable
remedies, shall:
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11.2 (A) Keep and maintain public records required by the County to
perform the service.
(B) Upon request from the County's custodian of public records,
provide the County with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided by Florida law.
(C) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and following completion of the contract if Developer
does not transfer the records to the County.
(D) IF DEVELOPER HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
DEVELOPER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
Collier County Board of County Commissioners
Communication and Customer Relations Division
3299 Tamiami Trail East
Suite 102
Naples, FL 34112
(239) 252-8069
PublicRecordRequestAcolliercountyfl.gov
Section 12. Miscellaneous.
(A) Entire Agreement. This Agreement sets forth all of the promises,
covenants, agreements, conditions and understandings between the parties hereto, and
supersedes all prior and contemporaneous agreements, understandings, inducements or
conditions, express or implied, oral or written, except as herein contained.
(B) Pronouns. All pronouns and any variations thereof shall be deemed to
refer to the masculine, feminine and neuter, singular or plural, as the identity of the party or
parties,personal representatives, successors or assigns may require.
(C) Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which shall together
constitute one-in-the-same instrument.
(D) Governing Law; Venue. This Agreement shall be construed and
interpreted according to the laws of the State of Florida, and all duly adopted ordinances,
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regulations, and policies of the County now in effect and those hereinafter adopted. The location
for settlement of any and all claims, controversies, or disputes, arising out of or relating to any
part of this Agreement, or any breach hereof, shall be Collier County, Florida.
(E) Binding Effect. This Agreement shall be binding upon and enforceable by
and against the parties hereto and their beneficiaries, heirs, successors and assigns and shall be
deemed to "run with the land." This Agreement shall also inure to the benefit of both parties
hereto and their respective beneficiaries, heirs, successors and assigns.
(F) Recordation. This Agreement may be recorded by Developer in the Public
Records of Collier County, Florida, and successors, heirs and assigns of Developer, including
but not limited to builders or developers, shall be bound by the terms of this Agreement, and
shall likewise be entitled to its benefits.
(G) Notice. Any notice to be given shall be in writing and shall be sent by
certified mail, return receipt requested, to the party being noticed at the following addresses:
If to the County: Collier County
Procurement
3295 Tamiami Trail East
Naples, Florida 34112
and: Collier County
Community and Human Services
3339 Tamiami Trail East #21 I
Naples, Florida 34112
Attention: Director
with a copy to: County Attorney's Office
Collier County
3299 Tamiami Trail East, Suite 800
Naples, Florida 34112
Attention: The County Attorney
If to Developer: McDowell Housing Partners LLC
601 Brickell Key Drive, Suite 700
Miami, FL 33131
Attention: Chris Shear
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with a copy to: Nelson Mullins Broad and Cassel
390 North Orange Avenue, Suite 1400
Orlando, Florida 32801
Attention: Roman Petra, Esq.
(H) Cooperation. The County and Developer each covenant and agree to
mutually cooperate with one another in good faith, and to execute and deliver such other or
additional documents and instruments as may be reasonably requested in order to effectuate the
agreements set forth herein.
(I) Effective Date. This Agreement shall become effective upon the date the
last of the parties to this Agreement executes this Agreement (the "Effective Date").
(J) Conflicts. If and to the extent there is a conflict between the terms and
conditions of this Annexation agreement and the terms and conditions of any staff reports or
summaries or letters of approval related to or pertaining to Developer Property, the terms and
conditions of this Agreement shall control.
[Signature Pages Follow]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year below their respective signatures.
Signed, sealed and delivered McDowell Housing Partners, LLC
In the presence of:
1 1
%' l ievm 1064 By: r ______
Name: ( > S 1 0 r1r` Ft^u'"►� t
i Date: is/till
Print d 3Qme
____up:2_
NoInnni 2CPCdCi
Printed Name
STATE OF FLORIDA
COUNTY OF
The foregoin instrument was acknowledged before me this V.:',.1-day of V,
2019, by r``' 1 as the T of McDowell Housing Partners LLC, a Delaware limited
liability company, who is _ _ personally known to me or _ _ who produced
, as identification.
_.,. ,Zt.—
(Notary. stamp/seal) Notary PubliQ
My Commission Number:
My Commission expires:
�""""• CHERYL CHALAS
.'r -A.vs Notary Public - State of Florida '
'' *• E Commission # GG 035993
1 +F-%,4.- My Comm. Expires Oct 23,2020
Bonded through National Notary Assn
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Collier County, a political subdivision
of the State of Florida
ATTEST I
CRYSTAL K,KiZE ,CLERK By: AC4.111/Cirelhara...Name: bue-4 • aw,d.crS
BX: ; Date: b--6- z 5
c11,, 4' `', Attest as to Chairman's
signature only
Approved as to form and legality
(14
f.,1) saistant County Attorney cps))
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EXHIBIT A
PROPERTY LEGAL DESCRIPTION
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DESCRIPTION:
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• r O DA AND DONS MORE PARTCI.ABLY OESCRIOED As rcLLOWS:
R, COUVENCE Al THE *S51 O.IARIER CORNER Cr SECTION 4. 10'MYSNIP 50 SO11114,RANGE 26 EAST,
g COU.14 COUNTY, 11.CFNDA; THENCE N.119.36'571. 00.00 FEET 10 1141 EAST R3cHt OF WAY ME OF
i SANTA BARBARA BOULEVARD; THENCE SA014'52.E.ALONG SAID EAST ftCHT OF WAY UNE 120.00 FEET
L 10 NE POINT OF DEONINoNO; 1HENCC N.09.36'S7T. 343.47 FEET; THENCE S.001)012'E. 060.C4 FLEET;
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1 FEET; THENCE NCO'14'52'W. 527.16 FEEF TO 141 PONT CF DECtNt.`-VG
4' CO,YTAIWN0 222,399 SQUARE FEET CR 5.11 ACRES,V03E CR LESS.
NOTES; C Ett'TI1'1(,A'1'10N:
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LINE OF THE SOUTHWEST QUARTER or WoI. iIa al Inns Snnn}er Florloe Cal lcote No. b365
SECTION A, AS BEIN'C N. 00'14'52' W.
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AND RESTRICTIONS Of RCCG?D Not aloe m., ost too itp,otvre and In4 010°1 roleee
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ENGINEERING E.O. f642 6 C.O. 1642 WOW JXL4147e.e1J t4-H-e4 I 1•_100'J 1 Er 1
Collier CountyBoard of County Commissioners
Bembridge Developer Agreement
Approve a developer agreement with McDowell Housing
Partners, LLC, for Invitation to Negotiate No. 19-7556,
“Bembridge PUD Affordable Housing Land Development”
Cormac Giblin, AICP
Housing, Grant Development & Operations Manager
Collier County Community and Human Services Division
October 22, 2019
ULI and Community Housing Plan Policy
Recommendation
Use Publicly Owned Land
Implemented through Resolution
No.2018-39, Approved February 27, 2018
2
Property
Location
Map
3
Bembridge PUD
5.11 Acres adjacent to EMS station
Fronts Calusa Park Elementary school
Can develop up to 16 units/ac
Public Utilities Interested in Pump Station
Re -Location on southeren1.27 acres
4
Prior Board Direction
On July 9, 2019, each of the three (3) finalist firms made a
presentation to the Board of County Commissioners
Board directed staff to begin negotiations with the top-ranked
firm (McDowell Housing Partners, LLC), in order to bring back a
developer agreement for Board approval.
On September 10, 2019 the Board ratified approval of a Long-
Term Ground Lease of the Bembridge property with McDowell
Housing Partners, LLC.
5
McDowell Housing Partners, LLC
Has developed, owned and operated over 45,000 apartment units
across the Country and 2,000 units in Florida since 2004; the majority
are workforce and affordable housing.
Proposes an 82-unit rental development serving clients with incomes
between 30%-80% AMI ($25,750-$62,650 for a family of four (4)).
The apartment buildings will be three (3) stories and contain amenities
such as a pool, clubhouse, shuffleboard, and playground.
McDowell has additionally agreed to a minimum 10% set aside for seniors,
veterans, and/or special needs population.
6
Conceptual Bubble Plan-Bembridge
7
Residential
Development
Area –3.84 acres
Utilities Pump
Station
Area –1.27 acres
McDowell Housing Partners Proposal
8
Conceptual Design
Recommendation
Approve a developer agreement with
McDowell Housing Partners, LLC, for Invitation
to Negotiate No. 19-7556,“Bembridge PUD
Affordable Housing Land Development”
9
Collier CountyBoard of County Commissioners
Local Housing Trust Fund
Approve the guidelines, criteria, annual work plan, associated
policy, and Resolution for the local affordable housing trust
fund and authorize implementation of the program.
Cormac Giblin, AICP
Housing, Grant Development & Operations Manager
Collier County Community and Human Services Division
October 22, 2019
Prior Board Direction
ULI and Community Housing Plan Policy
Recommendation
Create a Local Housing Trust Fund
Implemented through Resolution No.2018-82,
Approved April 24, 2018
11
Purpose of Local Housing Trust Fund
Per Resolution 2018-82
Implement the goals, objectives and policies of the Community Wide Housing Plan, and
the Collier County Comprehensive Plan
Specifically meet the housing needs of those earning less than 140% of AMI, to include
seniors, persons with disabilities, and any other identified underserved market
Provide for a range of rental and homeownership opportunities for those who presently
cannot afford to rent or purchase a home, or who are cost burdened in so doing
Provide incentives to developers to create additional rental and for sale units, and to
consumers so they may be able to afford rental or purchase opportunities
12
Purpose of Local Housing Trust Fund
Per Resolution 2018-82
Awards from the Fund shall be made at the discretion of the BCC
The Community and Human Services Division will act as the
administrators of the fund and associated projects for the BCC
The AHAC will work with CHS staff to develop oversight protocols
and specific eligibility criteria for BCC approval
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Local Housing Trust Fund: Development of Criteria
Per Resolution 2018-82
AHAC, along with CHS staff shall develop criteria for evaluating the mix of very -low -
income, low-income, moderate-income, gap-income housing in a project to qualify
for award
Criteria based on the Community Housing Plan and the Housing Element of the GMP
Established by policy of the Board of County Commissioners, and may be amended
from time to time by the BCC
Provide for a covenant running with the land to ensure the continued affordable
affordability
No less than 10% of the fund balance is to be set aside for projects benefitting seniors
and/or persons or families with special needs 14
Local Housing Trust Fund: Uses of Funding
Per Resolution 2018-82
Programs for which funds may be used include the following:
1)Down Payment Assistance
2)Impact Fee Relief
3)Land Acquisition
4)Construction Loans
5)Community Land Trust
6)Preserve Existing Affordable Housing Supply
7)Rental Assistance
8)Local Contribution for Tax Credit or SAIL applications
15
The County Commission may add or remove alternative affordable housing programs. Ten
percent (10%) of all funds are set aside to benefit seniors and/or persons or families with
special needs.
Local Housing Trust Fund: Funding Approval
and Annual Workplan
Per Resolution 2018-82
Projects funded through the Local Housing Trust Fund will include
an application process, underwriting standards, and loan or grant
documents guaranteeing affordability periods
An annual workplan will be developed for BCC approval with an
estimated balance of funds to award along with categories and
programs recommended
Awards will be presented for approval to the Affordable Housing
Advisory Committee and then to the BCC for approval 16
Local Housing Trust Fund: Funding Streams
and Current Balance
Per Resolution 2018-82
Proceeds from the sale of County surplus property
Repayments of Affordable Housing Density Bonus units
Donations
And any other defined revenue streams
AHAC recommends that the Board continue to explore long-term
recurring and reliable revenue sources for the Local Housing Trust Fund
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Current Local Housing Trust Fund Balance = $164,800.86
Local Housing Trust Fund Annual Work Plan
ACTION STEPS WHAT-Deliverable/Content WHEN -Frequency
Housing Trust Fund Work Plan Present HTF Work Plan & funding
allocation to BCC for approval
Annually (October-
November)
Application cycle advertised Public Notice Annually (December)
Advertised application cycle Formal, competitive application Annually (Jan –Feb)
Applications reviewed, evaluated,
ranked
Review submitted applications against
published criteria Annually -Spring (March)
AHAC presentation Review Cmte Recommendations Annually Spring
(April –May)
BCC presentation HTF Award Recommendations Annually Spring-Summer
(May-July)
Enter into contractual agreement
with awardees
Formal agreement between County and
awardee
Annually (September-
October)
Implementation-Compliance
Monitoring
Review for progress, accomplishments,
compliance
On-going
monthly/quarterly
Financial Compliance Review for fiscal compliance On-going
monthly/quarterly
Annual HTF Progress Report Deliver annual report to the BCC on
expenditures & accomplishments
Annually (October-
November)
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Recommendation:
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Approve the guidelines, criteria,
annual work plan, associated policy,
and Resolution for the local affordable
housing trust fund and authorize
implementation of the program.
Collier CountyBoard of County Commissioners
Community Land Trust
Recommendation to award Request For Proposal No. 19 -7577,
“Establishment of a Non-Profit Community Land Trust,” to Housing
Development Corporation of SW Florida, Inc., d/b/a H.E.L.P.
(“H.E.L.P”)
Cormac Giblin, AICP
Housing, Grant Development & Operations Manager
Collier County Community and Human Services Division
October 22, 2019
ULI and Community Housing Plan Policy
Recommendation
Create a Community Land Trust
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Direct staff to create a Community Land Trust in
Collier as a legal mechanism for pursuing a partnership
with a local nonprofit with the mission of ensuring
housing opportunities remain affordable for
perpetuity.
Prior Board Direction
On April 24, 2018 the Board directed staff to move forward with the creation of a
community land trust pursuant to the Community Housing Plan, and approved a
funding allocation of $100,000 over two (2) years to cover start-up costs
Funding was made available with the approval of the 2019-2020 County Budget
Request for Proposal (RFP) No. 19-7577 released on April 5, 2019
12,862 vendors viewed
Deadline extended from May 7, 2019 to May 21, 2019
Fifty-three (53) interested vendors downloaded solicitation package
One (1) proposal from H.E.L.P. received by the May 21, 2019 deadline
Selection committee convened August 19, 2019
Committee recommends awarding H.E.L.P. the contract for the establishment of a
non-profit community land trust.22
Community Land Trust
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Legal Structure/
Policy
Buy, donate, use trust
fund/grant funding
Not-for-profit
partner
Build Homes/Apartments
Hold in Perpetuity
Community Land Trust Overview
Permanent nonprofit ownership of the land, or land lease
Units sold or rented to income qualified households with the
land remaining in CLT ownership under 99-year land lease
Nonprofit retains ownership of the land reducing the housing
costs and the unit remains permanently affordable
By excluding the price of the land, the overall purchase price
and the monthly mortgage (PITI) or rental payments are made
affordable
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Community Land Trust: Scope of Services
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Organization will be responsible for the establishment of a Collier County
Community Land Trust (CLT) including:
File initial articles of incorporation
Adopt by-laws
Recruit of initial Board
Establish financial accounts
Research grant and funding opportunities for land acquisition and
development,
Recruit building partners to assist with development
Oversee preliminary Board meetings designed for the program creation
All operating and administrative activities related to this Agreement
Community Land Trust: Deliverables
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Quarterly Deliverables:
Quarterly report outlining the activities performed during the quarter period
Copies of official Board meeting minute
Quarterly invoice requesting payment
Final Deliverables:
Final report on the CLT outcomes to-date, status, sustainability, and next steps
Evidence of received 501(c)3 status for the CLT
Evidence of separate Financial Accounts
Management of at least 1 parcel in the CLT
Recommendation
Award Request for Proposal No. 19-7577,
“Establishment of a Non-Profit Land Trust,” to
Housing Development Corporation of SW
Florida, Inc. d/b/a H.E.L.P and to authorize
the Chairman to sign the attached agreement.
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