Backup Documents 01/28/2020 Item #16D 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP1 6 D .
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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 Attorney Office.
Route to Addressee(s) (List in routing order) Office I •tials Date
1. Susan Golden/Carolyn Noble Community and Human /24/20
Services
2. Jennifer Belpedio County Attorney Office DQ Ja 'a8 \AOzo
3. BCC Office Board of County ('\
Commissioners
4. Minutes and Records Clerk of Court's Office I ,
VU- 200 ��
I �
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 Susan Golden/Carolyn Noble-CHS Phone Number 252-2336
Contact/ Department
Agenda Date Item was 01/28/2020—HUD Substantial Agenda Item Number 16.D.1.
Approved by the BCC Amendments-HOME
Type of Document Oak Marsh Amendment#2 and Oak Marsh Number of Original 6
Attached Letter of Commitment Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIS
Initial the Yes column or mark"N/A"in the Not Applicable column,wh. • - • Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? I Q , NA
2. Does the document need to be sent to another agency for addi onal signatures? If ye., NA
provide the Contact Information(Name;Agency;Address;Pho - on an at. •-. s eet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SG
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. 11�
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 SG
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 SG
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 01/28/2020 and all changes made during the �/� �N/A is not
meeting have been incorporated in the attached document. The County Attorney's fid-`'_Q) an option for
Office has reviewed the changes,if applicable. . this line.
9. Initials of attorney verifying that the attached document is the version approved by the /A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the option for
Chairman's signature. this line.
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
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MEMORANDUM
Date: January 30, 2020
To: Carolyn Noble, Community & Human Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Oak Marsh Amendment #2 and Ock Marsh Letter of Commitment
Enclosed please find one (1) original of the document referenced above (Agenda Item
#16D1), approved by the Board of County Commissioners on Tuesday, January 28,
2020.
The Minutes & Records Department has retained the original as part of the Board's
Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Enclosure
Enclosures
1 6 0 1
MEMORANDUM
Date: January 30, 2020
To: Susan Golden, Community & Human Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Oak Marsh Amendment #2 and Ock Marsh Letter of Commitment
Enclosed please find one (1) original of the document referenced above (Agenda Item
#16D1), approved by the Board of County Commissioners on Tuesday, January 28,
2020.
The Minutes & Records Department has retained the original as part of the Board's
Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Enclosure
Enclosures
160 1
SPECIFIC HOME-ASSISTED PROJECT
REVISED COMMITMENT
DATE: December 20, 2019 PROJECT NAME: Oak Marsh Rental Rehab
DEVELOPER Oak Marsh, LLC. PROJECT ADDRESS: 11 Floating Units at Sanders Pines
HOMECOMMITMENTAMOUNT: and Timber Ridge, Immokalee, FL 34142
$375,000.00
This Agreement, as updated, shall serve as Collier Counts (herein referred to as the"CculDofficial financial
commitment to Oak Marsh, LLC., (Subrecipient) for Rental Rehabilitation (HOME-assisted activity) at the
address noted above.
Collier County has determined the above-mentioned project has been revievved and meets the HOME
requirements for corrrritting funds to a spec HOME Program project, in accordance vuth the definition of
corraitrrent at 24 CFR 92.2 and the subsidy layering and underwriting requirements at 24 CFR 92.250(b).
The County proposes to provide approxirrb,teiy $375,000.00 dollars in HOME Program funds. The HOME
Program funds committed to this project will be subject to a 10-year affordability period. The affordability
restriction, in the form of a Deed Restriction and a Deed to Secure Debt and Security Agreement, will be placed on
this property by utilizing these funds.
The percentage of HOME Program funds utilized versus the total project cost, this "pro-rata"number will be
used to determine the total number of HOME-assisted units for this project. As such, the total number of
HOME-assisted units for this project is 11. These units will be reserved for clients who meet the HUD HOME
Program income limit requirement throughout the affordability period. The terms and conditions as listed
in the Subrecipient Amendment shall remain in effect.
This Specific Home-Assisted Project Commitment is intended to implement the Agreement,dated September 11,
2018, as amended on February 26, 2019 and January 28, 2020, and as it may be amended or modified,
between County and Subrecipient. Should a conflict arise between the Specific Home-Assisted Project
Commitment and the Subrecipient Agreement,the executed Subrecipient Agreement will prevail.
Please indicate your acceptance of this HOME Program Commitment by executing thisCommitment in the
space provided below. Acceptance
The terms and conditions of this Commitment are hereby accepted under seal as of thea 8 day of
anvka , 202.()
IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each, respectively, by
Oak Marsh,LLC
HM17-14
1 6 0 1
an authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: "*00 BOARD OF COUNTY COMMISSIONERS OF
Crystal K. {r;i.nzel; CLERK: COLLIER COUNTY, FLORIDA
ti' M 7 j_ '�' By: -- ---.)
— r , _ --4:1— — !I--
- ; Ipu y ' : . Burt L. Saunders , CHAIRMAN
A t as to,C ai s.....
signature only. , ' ' `'.
Date: 113.iel ao20
Oak Marsh, LLC
Dated:_`)2WCL14 ,_3Q). 26 26
(SEAL)
SIMPIFKirk, President
Date: //`s260
Approved as to form and legality:
P7jt"---
--C)\--A
Jenni er A Belpedio � �
OP
Assistant County Attorney 4 1?
11.
Date: t / a 1a0a0
Oak Marsh,LLC
HM17-14
2
0
160 1
FAIN# M-17-UC-12-0217
M-19-UC-12-0217
Federal Award Date September 2018
Federal Award HUD
Agency
CFDA Name Home Investment
Partnership (HOME)
CFDA/CSFA# 14.239
Total Amount of $300,000 $375,000
Federal Funds
Awarded
Subrecipient Name Oak Marsh, LLC
DUNS# 019726347
FEIN# 26-4755786
R&D No
Indirect Cost Rate No
Period of September 11, 2018 -
Performance December 31, 2020
Fiscal Year End 12/31
Monitor End Date 12/2030
SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
OAK MARSH,LLC
RENTAL REHABILITION
THIS AMENDMENT is made and entered into this +�
a(g day of anuc-4-n , 20a-Ci' by and between
Collier County, a political subdivision of the State of Florida, ("COUN " or "Grantee") having its principal
address as 3339 E. Tamiami Trail, Naples FL 34112, and "OAK MARSH, LLC" a private not-for-corporation
existing under the laws of the State of Florida ("SUBRECIPIENT"), having its principal office at a physical
address of 19308 SW 8380 St, Florida City,FL 33034 and a mailing address of PO Box 343529,Florida City,FL
33034.
RECITALS
WHEREAS, on September 11, 2018 the COUNTY entered into an agreement with SUBRECIPIENT
using HOME Investment Partnerships (HOME) Program funds for Rental Rehabilitation to enhance tenant life,
neighborhood revitalization and safety throughout Timber Ridge at Sanders Pines Reserve.
WHEREAS, on February 26th, 2019 the Board of County Commissioners approved an amendment to
update language from subrecipient to developer, update federal award date, add rental description language and
clarify income/tenant requirements and period of performance.
WHEREAS, the Parties desire to amend the Agreement to update language from developer to
subrecipient, update FAIN #, add additional funding, add rental rates, increase the number of HOME-assisted
units and modify the rental unit mix.
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Oak Marsh, LLC HM 17-14 IDIS#589
Rental Rehabilitation Amendment#2
G-5),
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NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable
consideration,the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend
the Agreement as follows:
*
Words StFueli-Thr-eugh are deleted; Words Underlined are added
* * *
PART I
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a
condition of providing HOME funds, as determined by Collier County Community and Human Service (CHS),
perform the tasks necessary to conduct the program as follows:
Project Component One: Rehabilitation to enhance tenant life,neighborhood revitalization and safety throughout
Timber Ridge at Sanders Pines Reserve through property rehabilitation activities to benefit HOME-assisted units.
, to include but not limited to permits, site lighting, landscaping, irrigation, perimeter fence and/or wall, paving,
sidewalks, curbing, painting, recreation and playgrounds, entrance signage. and community garden.
* * *
1.2 PROJECT DETAILS
1.2 PROJECT DETAILS
A. Project Description/Budget
Activity HOME Budget Match
Amount Liability
Project Component One: $300,00.00
Rehabilitation activities to property to benefit Eleven (11) $375,000
HOME-assisted units.. : • • . . . :, ,
. . , . . , • .. . ., . • . •. . .
Match Minimum
Required match
25% of total
HOME funds
expended
Grand Total: $300,000.00
$375,000.00
2
Oak Marsh, LLC HM 17-14 IDIS#589
Rental Rehabilitation Amendment#2
160 1.
A.1. Rental Description
Number of Rental Price Rental Price Rental Increase Process
Bedrooms (Effective (Effective
10/1/19) 1/1/20)
2 Bedroom—Sanders $545 $570 Oak Marsh, LLC,the Owner, conducts an annual
Pine review of income and expenses, generally in the
3 Bedroom—Sanders $595 $620 3rd quarter of each Fiscal Year,to determine
Pine proposed rents for the 1st Quarter of the
3 Bedroom—Timber $705 $740 subsequent FY. Rent increases targeted toward
Ridge maintenance of the desired debt service coverage
4 Bedroom—Timber $779 $773 $800 and net operating income are determined, and
Ridge notice is given to tenants in accordance with their
lease agreement. Notice is generally a minimum
of thirty(30)days. In no instance are rents
established at rates in excess of the rent limits
established by Federal and state programs
governing the property or units.
B. Income/Tenant Requirements
Nominally all tenants must be at or less than 80% of AMI; but Program-wide Income targeting (across
all County HOME programs) requires that 90% of rental families be at or less than 60% of AMI;
In projects with 5 or more HOME-assisted units, 20% of the units must be occupied by families at or
below 50% of AMI; and incomes of tenants must be certified initially and recertified annually.
Subrecipient will provide 2 eight(8) high home rent units and 7 3 (three) low home rent units. Units
will be made up of: 2 three(3) units at or below 50% of AMI; seven(7) units at or below 60%AMI
and 2 units one(1) unit at or below 80%AMI. The units are floating across all units.
E. Payment Deliverables
The Following Table Details the Payment Deliverables
Payment Deliverable Payment Supporting Submission Schedule
Documentation
Project Component One: Submission of supporting documents Submission of monthly
Funding costs will include but must be provided as backup as invoices each month by the
not limited to expenses evidenced by contractor schedule of 10th of the month following
associated with property values/invoices or equivalent, proof the end of the month.
improvements for the benefit of of permit close out, if applicable,
HOME-assisted units. banking documents,canceled checks,
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Oak Marsh, LLC HM 17-14 IDIS#589
Rental Rehabilitation Amendment#2
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landscaping, irrigation, and any additional documents as
perimeter fence and/or wall, needed.
paving, sidewalks, curbing,
painting, recreation and Final 10% ($30,000 37,500) released
playgrounds, entrance signage. upon monitoring clearance and final
and community garden. waiver of lien.
Oak Marsh, LLC. is the grant
recipient, Everglades Housing Group
Incorporated, an affiliated entity,
makes direct payments on behalf of
Oak Marsh, LLC. for services
provided pursuant to this Agreement.
Oak Marsh, LLC. reimburses the
payment to the affiliate, therefore
should be reimbursed by the County.
Match Submission of supporting documents At least Quarterly With each
may also include cash or in kind pay request seeking
documentation; to include canceled reimbursement but not less
checks,banking statements,invoices; than 15% of the total
additional documentation may be requested reimbursement
requested until the obligation is met.
All match shall be submitted
prior to the release of
retainage. Should match not
meet 25% of the total
expended amount the final
match balance shall be
withheld from the retainage
to meet the 25% match
obligation.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available THREE HUNDRED SEVENTY-FIVE THOUSAND
DOLLARS ($3001-04:1040 $375,000.00) for the use by the SUBRECIPIENT, during the Term of the
Agreement (hereinafter, shall be referred to as the"Funds"). This Agreement shall remain in effect until
all HOME funds and program income are no longer under the control of the SUBRECIPIENT.
Modifications to the "Budget and Scope" may only be made if approved in advance, by the
COUNTY. Budgeted fund shifts between cost categories and activities shall not be more than 10% of
the total funding amount and not amount to a change in scope. Fund shifts that exceed 10% between
project components shall only be made with Board approval.
SUBRECIPIENTS are required to competitively bid and must ensure that every purchase order or
contract executed for federally-assisted projects comply with all other Federal requirements and
applicable LABOR provisions. SUBRECIPIENT must include in each contract HUD Form 4010 when
contracting for services or goods related to a Federal award.
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Oak Marsh, LLC HM 17-14 IDIS#589
Rental Rehabilitation Amendment#2
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*
PART III
TERMS AND CONDITIONS
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. The SUBRECIPIENT may close out the project with the County after the 24 10-year
affordability period on the project has been met. The affordability period shall commence with the
recording of the lien and/or deed restriction documentation. Activities during this closeout period shall
include, but not be limited to: making final payments, disposing of program assets(including the return
of all unused materials,equipment,program income balances, and receivable accounts to the COUNTY),
and determining the custodianship of records. In addition to the records retention outlined in Section 2.2
of this Agreement, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding
records maintenance, preservation and retention. A conflict between state and federal law records
retention requirements will result in the more stringent law being applied such that the record must be
held for the longer duration. Any balance of unobligated funds which have been advanced or paid must
be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is
entitled under the terms and conditions of this Agreement must be refunded to the COUNTY.
SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida
Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343.
* * *
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Oak Marsh, LLC HM 17-14 IDIS#589
Rental Rehabilitation Amendment#2
6 I
Exhibit D is amended to add additional space for reporting Household Members as follows:
EXHIBIT "D"
INCOME CERTIFICATION
INSTRUCTIONS
Submit completed form, including appropriate supporting documentation to Grantee to obtain approval prior to
the sale or lease of a property associated with this Agreement to an eligible person or household.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship Age
1
2
3
4
5
6
7
8
9
10
11
B. Assets: All Household Members, Including Minors
Member Asset Description Cash Value Income
from Assets
1
2
3
4
5
6
7
8
9
10
11
Total Cash Value of Assets B(a)
Total Income from Assets B(b)
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 2.0%)and enter results in B(c), otherwise leave
blank. B(c)
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Oak Marsh, LLC HM 17-14 IDIS#589
Rental Rehabilitation Amendment#2
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors
Member Wages/ Benefits/ Public Other
Salaries Pensions Assistance Income
(include tips,
commissions, Asset
bonuses,and Income
overtime)
1 (Enter the
2 greater of
3 box B(b) or
box B(c),
4 above, in
5 box C(e)
6 below)
7
8
9
10
11
Totals (a) (b) (c) (d) (e)
Enter total of items C(a)through C(e).
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum income for
eligibility. I/we have provided,for each person set forth in Item A,acceptable verification of current and
anticipated annual income. I/we certify that the statements are true and complete to the best of my/our
knowledge and belief and are given under penalty of perjury.
WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income
and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by
fines and imprisonment provided under S. 775.082 and 775.083.
Signature of Head of Household Date
Signature of Spouse or Co-Head of Household Date
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Oak Marsh, LLC HM 17-14 IDIS#589
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Adult Household Member(if applicable) Date
Adult Household Member(if applicable) Date
E. HOME Grantee Statement: Based on the representations herein, the family or individual(s) named in
Item A of this Income Certification is/are eligible under the provisions of the HOME. The family or
individual(s) constitute(s)a:
Extremely-Low Income (ELI) Household means and individual or family whose annual
income does not exceed 30 percent of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
Very Low-Income(VLI)Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S. Department of
Housing and Urban Development with adjustments for household size.
(Maximum Income Limit $ ).
Low-Income (LI) Household means and individual or family whose annual income does not
exceed 60 80 percent of the area median income as determined by the U.S. Department of
Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
Based upon the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area
(MSA) of Collier County, Florida.
Signature of the HOME Administrator or His/Her Designated Representative:
Signature
Date
Printed Name Title
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Oak Marsh, LLC HM 17-14 IDIS#589
Rental Rehabilitation Amendment#2
F. Household Data
Number of Persons
By Race/Ethnicity By Age
Native
American Hawaiian or
Asian Black White Other 0—25 26—40 41 —61 62+
Indian Other Pac.
Islander
Hispanic
Non-
Hispanic
NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No occupant is required
to give such information he or she desires to do so,and refusal to give such information will not affect any right he or she has an occupant.
IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each, respectively, by an
authorized person,or agent, hereunder set their hands and seals on the date first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
CRYSTAL K.KINZEL;CLERK COLLIE LINTY, FLOR
1
1 is% By: •
* a • I of Burt L. Saunders , CHAIRMAN
A est as to Cham.
signature only.
Date: I ?gl 2O2_ C)
�c
OAK MARSH, LLC.
Dated. CLV"1006,C 61 /�i 2
(SE I
By:
St=allp , P e
Date: /7/2-0 LC
Approved as to form and legality:
09)
Jennifer A. Belpedio
Assistant County Attorney
Date: 1?Nq I01
9
Oak Marsh, LLC HM 17-14 IDIS#589
Rental Rehabilitation Amendment#2