Agenda 07/14/2020 Item #16D 5 (Habitat for Humanity Agmt. Amend #8 - NSP Funds07/14/2020
EXECUTIVE SUMMARY
Recommendation to accept $126,099 in Neighborhood Stabilization Program recaptured funds,
authorize the Chairman to sign Amendment #8 between Collier County and Habitat for Humanity,
and authorize the necessary Budget Amendment.
OBJECTIVE: To provide housing opportunities to qualified individuals in Collier County and maintain
grant compliance.
CONSIDERATIONS: The Neighborhood Stabilization Program (NSP) Developer Agreement with
Habitat for Humanity was executed on April 24th, 2012, Agendas Item #11B, and last amended June 13th,
2017 Agenda Item #11B. The Developer Agreement is governed by the County’s associated Housing and
Urban Development (HUD) NSP 3 Action Plan. The agreement is to acquire and sell affordable housing
units to income-qualified families. The Developer was required to purchase thirty-one (31) abandoned or
foreclosed single-family homes. The Developer completed all required activities on May 29, 2018. The
federal requirements imposed through the Neighborhood Stabilization Program require each property
remain affordable for fifteen (15) years.
During a routine monitoring, County staff identified an NSP 3 property to be non -compliant. Staff
conducted a thorough investigation into the sale of this property. It has been determined that the property
had a lis pendens recorded. According to the prior owner, Lisa Supra, Esq. approached the former
homeowner on purchasing the home. The former homeowners informed Lisa Supra, Esq. of the NSP
obligation on the property. Ms. Lisa Supra, Esq. reached out to Community and Human Services (CHS)
staff who informed her of the requirements associated with the property, however, Ms. Lisa Supra’s title
company processed the sale without complying with the land use restriction or the requireme nts outlined
by staff. Ms. Lisa Supra, Esq. transferred the property to two (2) additional owners following her initial
purchase. At no time during the subsequent transfers did Ms. Lisa Supra, Esq. remit reimbursement or
comply with the required land use restriction. CHS along with the County Attorney’s office and the
Developer issued demand letters to all parties in November 2018. Unfortunately, there was no response to
the request for repayment by any party.
CHS worked closely with HUD for over twelve (12) months to determine the most appropriate resolution.
HUD advised staff that the Developer should repay the County the NSP 3 funds invested in the property
and deposit them to the County’s treasury account. In addition, HUD advised once the deposit was made,
the County should work with the Developer to acquire a replacement property. The Developer paid
$126,099 to the NSP program. These funds are considered recaptured funds.
Amendment #8 to the Habitat for Humanity, Developer agreement will allocate the recaptured funds to
allow the Developer to acquire a foreclosed, abandoned, vacant, or deed in lieu property. This action will
allow the replacement of the non-compliant property. The Developer is required to sell the property to an
income-qualified family ultimately resolving the non-compliance issue and allowing the County to move
forward with NSP 3 closeout.
FISCAL IMPACT: A Budget Amendment is required to recognize the repayment funds in the amount of
$126,099 within Fund (123), Project (33150). The repayment will allow Habitat to acquire a replacement
property under the NSP 3 Neighborhood Stabilization Program within Fund (707), Project (33150).
LEGAL CONSIDERATIONS: This Item has been approved for form and legality and requires a
majority vote for Board approval. -JAB
16.D.5
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07/14/2020
GROWTH MANAGEMENT IMPACT: Approval will allow the County to expand affordable housing
opportunities for its citizens and further the goals of the Housing Element of the Collier County Growth
Management Plan.
RECOMMENDATION: To accept $126,099 in Neighborhood Stabilization Program recaptured funds,
authorize the Chairman to sign Amendment #8 between Collier County and Habitat for Humanity, and
authorize the necessary Budget Amendment.
Prepared By: Tom Calderon, Grants Coordinator, Community and Human Services Division
ATTACHMENT(S)
1. [linked] Agreement & 7 Amendments (PDF)
2. [LinkedX] Final Amend. Agreement (PDF)
3. [LinkedX] NSP3 Habitat - Amendment 8 (Habitat executed) (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.5
Doc ID: 12669
Item Summary: Recommendation to accept $126,099 in Neighborhood Stabilization Program
recaptured funds, authorize the Chairman to sign Amendment # 8 between Collier County and Habitat for
Humanity, and authorize the necessary Budget Amendment.
Meeting Date: 07/14/2020
Prepared by:
Title: – Community & Human Services
Name: Tomas Calderon
06/19/2020 10:00 AM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
06/19/2020 10:00 AM
Approved By:
Review:
Community & Human Services Maggie Lopez Additional Reviewer Completed 06/23/2020 4:08 PM
Community & Human Services Cormac Giblin Additional Reviewer Completed 06/24/2020 11:36 AM
Operations & Veteran Services Kimberley Grant Level 1 Reviewer Completed 06/24/2020 12:52 PM
Community & Human Services Kristi Sonntag CHS Review Completed 06/25/2020 9:57 AM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 06/25/2020 3:19 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/29/2020 10:31 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/29/2020 11:07 AM
Grants Erica Robinson Level 2 Grants Review Completed 06/29/2020 11:43 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/29/2020 12:41 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/29/2020 1:02 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/29/2020 5:49 PM
Grants Therese Stanley Additional Reviewer Completed 06/30/2020 10:58 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 07/06/2020 4:34 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/14/2020 9:00 AM
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NEIGHBORHOOD STABILIZATION PROGRAM 3
CFDA No. 14.218
DEVELOPER AGREEMENT BETWEEN
COLLIER COUNTY
AND
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
(NSP-3)
THIS AGREEMENT, made and entered into on thisc 7 day of (, , 2012, by and between
Collier County, a political subdivision of the State of Florida, havi g its principal office at 3299
Tamiami Trail East, Naples, Florida 34112 (hereinafter called the "GRANTEE"), and Habitat for
Humanity of Collier County, Inc., a private not -for -profit corporation, existing under the laws of
the State of Florida, having its principal office at 11145 Tamiami Trail East, Naples, Florida
34113 (hereinafter called the "DEVELOPER") to undertake the Neighborhood Stabilization
Program ("NSP-3") as approved by the Collier County Board of County Commissioners,
WITNESSETH
WHEREAS,
the GRANTEE is the
recipient
of Neighborhood Stabilization Program
Funds from the U.S.
Department of Housing
and Urban
Development (HUD); and
WHEREAS, the
DEVELOPER
has submitted a letter
of intent, dated December 2, 2011
and incorporated herein
by reference,
for use of funds for an
Nor-3-eligible PROJECT;
NOW, THEREFORE in consideration of the mutual covenants and obligations herein
containedI including the Attachments, and subject to the terms and conditions hereinafter
stated, the parties hereto understand and agree as follows:
I. Definitions
Unless specifically provided otherwise or the context otherwise requires, when used in this
Agreement:
1. "Abandoned" refers to homes or residential properties that either a) mortgage, tribal
leasehold, or tax payments are at least 90 days delinquent, or b) a code
enforcement inspection has determined that the property is not habitable and the
owner has taken no correction actions within 90 days of notification of the
deficiencies, or c) the property Is subject to a court -ordered receivership or nuisance
abatement related to abandonment pursuant to state or local law or otherwise meets
a state definition of an abandoned home or residential property,
2. "Appraisal" means an appraisal which meets the criteria specified in the Uniform
Relocation Assistance and Real Property Acquisition Policies Act ("URA"), as further
defined in 49 CFR 24.103,
3. "Blighted structure" means a structure that exhibits objectively determinable signs of
deterioration sufficient to constitute a threat to human health, safety, and public
welfare as more particularly described in Section 163,340(8), Florida Statutes.
4. "CDBG Act" means the Housing and Community Development Act of 1974, Pub, L.
No. 93-383, as amended. Unless otherwise noted in the Housing and Economic
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Recovery Act ("HERA"), as amended, and the alternative requirements in the NSP
Notices, NSP-3 is governed by the CDBG regulations.
5. "Current market appraised value" means the value of a property that is established
through an appraisal made in conformity with either: 1) the appraisal requirement of
the URA at 49 CFR 24.103, or 2) the Uniform Standards of Professional Appraisal
Practice ("USPAP"), or 3) the appraisal requirements of the Federal Housing
Administration ("FHA") or a government sponsored enterprise ("GSE"); and the
appraisal must be completed or updated within 60 days of a final offer made for the
property by a grantee, subrecipient, developer, or individual buyer. However, If the
anticipated value of the proposed acquisition Is estimated at $25,000 or less, the
current market appraised value of the property may be established by a valuation of
the property that is based on a review of available data and is made by a person the
grantee determines is qualified to make the valuation.
6. "Eligible Costs" means costs for the activities specified in Exhibit A of this
Agreement for which NSP-3 funds are budgeted, provided that such costs (i) are
incurred in connection with any activity which is eligible under HERA and Section
105A of Title I of the CDBG Act, and (li) conform to all NSP-3 requirements.
7. "Environmental Requirements" means the requirements described in 24 CFR Part
58.
8. "Foreclosed" refers to a home or residential property if any of the following
conditions apply: (a) the property's current delinquency status is at least 60 days
delinquent under the Mortgage Bankers of America delinquency calculation and the
owner has been notified; (b) the property owner is 90 days or more delinquent on
tax payments; (c) under state, local, or tribal law, foreclosure proceedings have
been initiated or completed; or (d) foreclosure proceedings have been completed
and title has been transferred to an intermediary aggregator or servicer that is not
an NSP-3 grantee, contractor, subrecipient, developer, or end user.
9. "HERA" means the Neighborhood Stabilization Program ("NSP, 3Y) found in Title III
of Division B of the Housing and Economic Recovery Act of 2008, as amended.
10. "HUD" means the United States Department of Housing and Urban Development.
11. "Land bank" means a governmental or nongovernmental nonprofit entity
established, at least in part, to assemble, temporarily manage, and dispose of
vacant land for the purpose of stabilizing neighborhoods and encouraging re -use or
redevelopment of urban property, For the purposes of the NSP-3, a land bank will
operate in a specific, defined geographic area, it will purchase properties that have
been abandoned or foreclosed upon and maintain, assemble, facilitate
redevelopment of, market, and dispose of the land -banked properties. If the land
bank is a governmental entity, it may also maintain abandoned or foreclosed
property that it does not own, provided It charges the owner of the property the full
cost of the service or places a lien on the property for the full cost of the service.
12. "LMMI" is a HUD -defined term incorporating households with eligible Incomes (at or
below 120% of area median, based on household size and county), Including low-,
moderate-, and middle -income, in referring to the national objective of the CDBG
program.
13. "Low -Income Set -Aside" refers to the HERA requirement that not less than 25
percent of the funds NSP-3 funds to the GRANTEE shall be used for the purchase
and redevelopment of abandoned or foreclosed upon homes or residential
properties that will provide permanent housing to individuals or families whose
incomes do not exceed 50 percent of area median Income.
14. "NSP Notice" refers to the alternative requirements for NSP-3 issued by HUD in the
Federal Register on October 6, 2008, as modified in the Bridge Notice issued on
June 19, 2009, and the Unified Notice issued on October 19, 2010.
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15. "NSP-3 Funds" mean those funds to be provided by the GRANTEE pursuant to trio
terms of this Agreement, as specified in Section II of this Agreement.
16. "Program Income" means the NSP-3 portion of any proceeds received by the
DEVELOPER and repaid to the GRANTEE.
17. "PROJECT" means the activities described in Exhibit A of this Agreement which are
to be carried out to meet the objectives of the NSP-3.
18. "Purchase Discount" means the minimum discount percentage from the current
market- appraised value under which a property may be purchased. Under HUD
Notice FR-5255-1\1-02, the purchase discount for NSP-3 is "at least 1 percent from
the current market -appraised value of the home or property."
19. "Vacant properties" includes both vacant land and properties with vacant structures
on the land.
II. Terms and Conditions of fhe Funding
A. Funding Amount
—NSP-3 Funds
in the
amount of
Three
Million
Four
Hundred
Ninetv
Five
Thousand Seven
Hundred Forty
-Nine
and
00/100
Dollars
($3,495.749)
are obligated for
use in compliance with this agreement, as reflected in the budget in Exhibit B.
1. These amounts represent an allocation of the GRANTEE's total NSP-3 funding
contingent upon DEVELOPER performance and not an entitlement to a certain
grant amount, and shall only be disbursed for approved projects and costs.
2. Approved budget —The approved budget is attached to this agreement as Exhibit B.
It is understood and agreed that funds will be used according to the approved
budget. 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, 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.
B. Use of Funds —NSP-3 funds obligated under this agreement may be used as follows:
1. No Commitment or Expenditure Prior to Environmental Clearance —This obligation
of NSP-3 funds is conditional upon satisfactory completion of environmental review
under 24 CFR Part 58 as provided in Section Vill below. Notwithstanding any
provision of this Agreement, the parties hereto agree and acknowledge that this
Agreement does not constitute a commitment of funds or site approval, and that
such commitment of funds or approval may occur only upon satisfactory completion
of environmental review and receipt by GRANTEE of a release of funds from the
U.S. Department of Housing and Urban Development under 24 CFR Part 58. The
parties further agree that the provision of any funds to the project is conditioned on
GRANTEE's determination to proceed with, modify or cancel the project based on
the results of environmental review. Further, the DEVELOPER will not undertake
or commit any funds to physical or choice -limiting actions, including property
acquisition, demolition, movement, rehabilitation, conversion, repair or construction
prior to the environmental clearance, and understands that violation of this provision
may result in the denial of any funds under the agreement.
2. Eligible Activities — Funds may be used for the NSP-3 eligible activities that are
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checked below. The number of propertles listed is a minimum and is not intended to
provide a limit on the number of properties that may be acquired through this
Agreement:
® Acquisition 27 abandoned or foreclosed single-
family properties
Rehabilitation/reconstruction # acquired abandoned or foreclosed
New construction # vacant properties
3. Eligible Properties —Properties must meet the tollowing conditions to be considered
eligible under this Agreement:
a. Must be located in an NSP-3 Target Area as Identified in Exhibit A.
b. Must have no substantial adverse environmental factors as determined by an
environmental review.
c. Must
have only one dwelling
unit on
site; acquisition or
two-family
or other
mixed
owner -rental
properties
require
GRANTEE advance
approval
in writing
and compliance with NSP-3 rental restrictions.
d. Must otherwise be in suitable locations for marketing and resale to low- and
moderate-inoome homebuyers.
e. Must be unoccupied and have no personal possessions on site, unless
GRANTEE approves acquisition of an occupied property and stipulates
compliance with relocation requirements in Section Vill.
f. Must be eligible for acquisition under NSP-3 as foreclosed or abandoned or
vacant.
4. Activity Limitations — In implementing projects, DEVELOPER shaft undertake only
chose activities permitted by this agreement, and comply with all provisions of this
agreement, including the project requirements in Section III, as they may be
modified by HUD. In particular
a. Acquisition —No acquisitions may occur without environmental clearance, and
determination of the applicability of URA provisions.
b. Demolition — Primary structures on properties acquired or contributed may not
be demolished unless they are declared as blighted by GRANTEE. Such
declarations by GRANTEE shall be made in conformance with the definition
contained in Section 163.340(8), Florida Statutes.
C. Cost Limits —All uses of funds are subject to the approval of the GRANTEE.
Cost Limits on Individual Units —The cost and assistance limits checked below
appIy to every unit assisted with NSP-3 funds under this agreement:
® Developer fee allowed per dwelling unit 10 000
® Maximum NSP reimbursement per dwelling unit 150 000
D. Deadlines —Timely completion of the work specified in this agreement is an integral and
essential part of performance. The NSP-3 funds are subject to Federal deadlines and
failure to comply could result in the loss of the Federal funds. By the acceptance and
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execution of this agreement, it is understood and agreed by the DEVELOPER that the
PROJECT will be completed as expeditiously as possible and that the DEVELOPER will
make every effort to ensure that the project will proceed and will not be delayed. Failure
to meet these deadlines can result in cancellation of this contract and the revocation of
NSP-3 funds.
1. Project Expenditure Deadlines — All project activities and all expenditures of NSP-3
funds must be completed by March 11, 2014o if checked the additional deadlines
apply to project expenditures:
® 50% of NSP-3 funds expended and 03/11/2013
drawn by
® 100% of NSP-3 funds expended and 03/1112014
drawn by
2. The DEVELOPER expressly agrees to complete all work required by this agreement
In accordance with the timetable set forth above.
a. If DEVELOPER falls to obligate or expend NSP-3 funds as indicated in this
agreement, GRANTEE in its sole discretion may recapture a portion or all of
the DEVELOPER's total NSP-3 funding allocation.
b. Changes to the timetable may be approved by the GRANTEE, in the event the
DEVELOPER is unable to meet the above deadlines or complete the above
services because of delays resulting from Acts of God, untimely review and
approval by the GRANTEE and other governmental authorities having
jurisdiction over the PROJECT, or other delays that are not caused by the
DEVELOPER, the GRANTEE shall grant a reasonable extension of time for
completion of the WORK. It shall be the responsibility of the DEVELOPER to
notify the GRANTEE promptly in writing whenever a delay is anticipated or
experienced, and to inform the GRANTEE of all facts and details related to the
delay. However, GRANTEE may not provide extensions beyond deadlines
Imposed by HUD.
3. Since it is mutually agreed that time is of the essence, the DEVELOPER shall cause
appropriate provisions to be Inserted in all contracts or subcontracts relative to the
work tasks required by this agreement, in order to ensure that the PROJECT will be
completed according to the timetable set forth in this agreement.
E. Sale to Buyers — All units acquired under this agreement shall be sold to eligible buyers in
accordance with the provisions of this section.
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, 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
® Moderate Income — 51 % to 80% of Area Median $1,504,707
Income
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® Low income — less than 50% of Area Median!Rut 1 042
Income
2. Sales Price —Sales prices must be in compliance with the price limits in Section
III.F, and the sales price of each property must be approved by GRANTEE.
3. Income Certification and Documentation — Every purchaser shall be determined to
be eligible according to the requirements at 24 CFR 570,5.
4. Net Proceeds of Sale — Upon sale of an NSP-3-funded home, DEVELOPER will
retain all net proceeds for future use as approved by GRANTEE. Such future use
must be for an NSP-eligible activity. GRANTEE has explicitly elected to forgo
recapture of any and all net proceeds and to have such net proceeds remain with
DEVELOPER.
III. Project Requirements
The DEVELOPER agrees to comply with all requirements of the NSP-3 as slated in itoe NSP
Notice and CDBG regulations, including but not limited to the following:
A. NSP-3 Eligible Use, CDBG National Objective and Eligible Activities —The DEVELOPER
will ensure and document that its NSP-3 activities meet LMMI national objective, eligible
use, allowable cost, and eligible activity requirements of the NSP Notices & CDBG
Regulations. The DEVELOPER will ensure that any expenditure of NSP-3 funds will be in
compliance with the requirements, and acknowledges that NSP-3 funds will only be
provided as reimbursement for eligible costs incurred, including actual expenditures or
invoices for work completed.
B. Properly Acquisition — If any foreclosed -upon homes or residential properties are to be
acquired with NSP-3 funds, the DEVELOPER will acquire property with NSP-3 funds at a
minimum discount of one percent from fair market value for each residential property.
This requirement applies to foreclosed properties purchased with NSP-3 funds, and the
discount must be taken from the current market appraised value as described in the NSP-
3 NOFA.
1. Eligible properties — HERA and NSP-3 limits the properties that are eligible for
assistance to certain locations and types of properties (depending on the Eligible
Use.) Eligible locations are listed in Exhibit A. If the DEVELOPER has proposed
to undertake any activities subject to the NSP-3 Low -Income Set -Aside, these
activities may only be undertaken on foreclosed or abandoned residential property.
2. Prohibition against eminent domain — The DEVELOPER will not undertake any
involuntary acquisition of property with NSP-3 funds without prior written consent of
the GRANTEE and written opinion of counsel that such acquisition is lawful.
3. Appraisal — Appraisals for acquisitions funded with NSP-3 funds are required for all
foreclosed properties. Exceptions to this requirement may be approved by the
GRANTEE.
a. NSP-3 requires appraisals to be performed with respect to the NSP-3 funded
acquisition of foreclosed upon homes and residential properties, even though
they may be considered voluntary under the URA. The GRANTEE further
requires an appraisal for all NSP-3-assisted acquisitions of property to ensure
cost reasonableness.
b. The URA appraisal requirements of 49 CFR 24.103 must be met. For
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acquisitions which meet the applicable voluntary acquisition requirements of
49 CFR 24.101(b), the DEVELOPER must ensure that the owner is informed
in writing of what it believes to be the market value of the property, and that
the DEVELOPER will not acquire the property if negotiations fail to result in a
an amicable agreement (see 49 CFR 24.101(b)(1) & (b)(2)).
c. The appraisal must have been completed within 60 days of the offer made for
the property (an initial offer can be made, subject to the completion of the
appraisal within 60 days of a final offer).
4. Occupied properties — If the PROJECT is occupied at the time of this commitment,
the DEVELOPER will comply with the relocation requirements of 24 CFR 670.606.
5. Purchase Discounts — HERA requires all NSP-3-assisted acquisitions of foreclosed
property to be at a discount from the current market appraised value of the property,
taking into account Its current condition, and such discount shall ensure that the
DEVELOPER is paying bolow-market value for the home or property. A minimum
discount of 1 percent less than current market appraised value for each property
purchased with NSP-3 funds is required for all acquisitions funded with NSP-3. The
address, appraised value, purchase offer amount, and discount amount of each
foreclosed property purchase must be documented in the DEVELOPER's records.
C. Demolition —The DEVELOPER may demolish major or convert units from non-residential
uses only with the prior written permission of GRANTEE.
D. Construction/rehabilitation — For any construction or rehabilitation in this project,
DEVELOPER will comply with the provisions of Section VII. If this project involves the
construction or rehabilitation of properties with 8 or more units, the DEVELOPER shall
comply with the provisions of the Davis -Bacon Act and regulations (29 CFR, Part 5), as
amended. If the building or commonly owned development (e.g. condo or townhouse)
has 8 or more units, Davis Bacon is applicable, even if NSP-3 funds only treat one unit.
E. Property Standards The DEVELOPER will carry out all NSP-3-assisted activities in
accordance with applicable laws, codes, and other requirements relating to housing
safety, quality, and habitability, in order to sell, rent, or redevelop such homes and
properties.
Rehabilitation Standards — DEVELOPER will carry out all NSP-3-assisted
rehabilitation of a foreclosed -upon home or residential property in compliance with
the rehabilitation standards in the GRANTEE's NSP-3 substantial amendment, and
in accordance with applicable laws, codes, and other requirements relating to
housing safety, quality, and habitability.
Lead -based paint — The DEVELOPER agrees that any construction or rehabilitation
of residential structures with assistance provided under this Agreement shall be
subject to HUD Lead -Based Paint Regulations at 24 CFR 670.487 or 24 CFR
570,608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all NSP-3-
assisted housing and require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may
include lead -based paint. Such notification shall point out the hazards of lead -
based paint and explain the symptoms, treatment and precautions that should be
taken when dealing with lead -based paint poisoning and the advisability and
availability of blood lead level screening for children under seven. The notice
should also point out that if lead -based paint is found on the property, abatement
measures may be undertaken. The regulations further require that, depending on
the amount of Federal funds applied to a property, paint testing, risk assessment,
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treatment and/or abatement may be conducted.
3. Accessibility - I ne DEVELOPER shall work with any homebuying household that
includes a person with disabilities to provide accessibility modifications required
under the policy of reasonable accommodations and reasonable modifications. All
such modifications shall be considered to be eligible NSP-3 costs under this
agreement.
F. Maximum Sales Price —The final sales price shall not exceed the amount permitted by the
NSP-3 requirements listed below:
1. If an abandoned or foreclosed upon home or residential property is to be sold to an
individual as a primary residence, no profit may be earned on such sale.
2. HERA Section 2301(d)(2) directs that the sale of such property shall be in an
amount equal to or less than the cost to acquire and redevelop or rehabilitate such
home or property up to a decent, safe, and habitable condition. Further, the sale
price must be the lesser of the post -development fair market value or the
acquisition/redevelopment cost.
3. The maximum sales price for a property is determined by aggregating all costs of
acquisition, rehabilitation, and redevelopment (including related activity delivery
costs, which generally include, among other things, costs related to the sale of
property).
4. In determining the sales price, the GRANTEE will NOT consider the costs of
boarding up, lawn mowing, maintaining the property in a static condition, or, in the
absence of NSP-3-assisted rehabilitation or redevelopment, the costs of completing
a sales transaction or other disposition to be redevelopment or rehabilitation costs.
G. Sale
and
Occupancy
—All of the funds made available under this Agreement shall be
used
with
respect to:
1. Buyer Qualification —All buyers of NSP-3-assisted units shall be individuals and
families whose incomes do not exceed 120% of area median Income (referred to as
"low-, moderate- and middle -income", or LMMI). DEVELOPER shall verify and
document income eligibility of all buyers In compliance with 570.203(a) definition of
"Income:"
a. Low -Income Set -Aside (if applicable) — If applicable, the DEVELOPER must
expend at least the amount of set -aside funding Identified in Exhibit A of this
Agreement to create permanent housing for households with incomes at or
below 50% of area median. The DEVELOPER may choose to expend more
than the set -aside amount from NSP-3 funds allocated within Eligible Uses A
and B, but within the total NSP-3 award covered by this agreement, and doing
so will not require an amendment to this Agreement.
2. Counseling Requirement— Each NSP-3-assisted homebuyer is required to complete
at least eight hours of homebuyer counseling from a HUD -approved housing
counseling agency or a counselor approved by the GRANTEE.
3. First Mortgage — DEVELOPER must ensure that homebuyers obtain a mortgage
loan from a lender who agrees to comply with the bank regulators' guidance for non-
traditional mortgages. DEVELOPER is prohibited from permitting homebuyers to
obtain subprime mortgages for whom such mortgages are inappropriate.
4. Affordability Period — All NSP-3-assisted units must adhere to the affordability
provisions as listed in Exhibit A-1, which is based upon the total amount of NSP-3
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funds provided per unit.
a. Affordability periods must be enforced utilizing a mortgage, promissory note
and, where applicable, deed restriction.
b. The Affordability Period is a minimum standard, and DEVELOPER may
propose a longer Affordability Period.
5, NSP-3 Note and Mortgage — For any units that are to be owner -occupied, the
DEVELOPER shall assure that any NOTES and MORTGAGES recorded for NSP-3
buyers shall be in compliance with the GRANTEE's Substantial Amendment to its
Consolidated Plan, in the form prescribed by or acceptable to the GRANTEE.
H. Project Monitoring and Recordkeeping — The DEVELOPER will be monitored by the
GRANTEE for compliance with the NSP-3 requirements and the applicable CDBG
regulations of 24 CFR Part 570. The DEVELOPER will provide reports and access to
project files, including homebuyer files, as requested by the GRANTEE during the
PROJECT and for Five (5) years after completion and closeout of the AGREEMENT as
required under Section IX of this Agreement.
IV. GRANTEE Responsibilities
A. GRANTEE is responsible for the following tasks and deliverables.
B. The GRANTEE shall furnish the DEVELOPER with information regarding requirements for
the project, including any changes in NSP-3 regulations or program limits that affect the
project, including but not limited to income limits.
C. Environmental Review— GRANTEE will complete environmental assessments and provide
clearances for all NSP-3 target areas, as well as approvals of site -specific environmental
reviews prepared by DEVELOPER and delivered to GRANTEE.
D. Inspections — The GRANTEE will conduct progress Inspections of work completed and
review of project files and information to protect its interests as lender and regulatory
authority for the project, and will provide information to the DEVELOPER regarding any
progress inspections or monitoring to assist it in ensuring compliance. The GRANTEE's
review and approval will relate only to overall compliance with the general requirements of
this Agreement and NSP-3 requirements, and all GRANTEE regulations and ordinances.
E. Disbursements —GRANTEE will manage all draws of NSP-3 funds from HUD and
payment of valid and properly documented draw requests from DEVELOPER. The
GRANTEE will disburse funds as provided in Section IV of this Agreement. GRANTEE
will process requests for disbursements of NSP-3 funds, including necessary construction
inspections, in a timely manner. GRANTEE will clearly and promptly describe any
deficiencies identified by GRANTEE that prevent a disbursement or portion of a
disbursement from being approved.
F. Reporting — GRANTEE will report to HUD via the Disaster Recovery Grant Reporting
System (DRGR) system and on www.FederalReporting.gov in a timely manner as required
by HUD.
G. Monitoring — GRANTEE will monitor all program activities of DEVELOPER to assure
compliance with the terms of this Agreement including all NSP-3 requirements.
Page 9 of 43
H. Nothing contained herein shall relieve the DEVELOPER of any responsibility as provided
under this Agreement.
V. Disbursement of Funds
A. Project expenses (excluding developer fee) shall be paid based on vouchers for actual
expenses Incurred or paid. All such expenses shall be in conformance to the approved
project budget. 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. 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.
B. Requests for payment must be submitted by the DEVELOPER on forms specified by the
GRANTEE, with adequate and proper documentation of eligible costs incurred in
compliance with NSP-3 and CDBG rules. The DEVELOPER agrees to submit requests
for payment in a timely manner in the form and times directed by the GRANTEE.
C. The GRANTEE will pay to the DEVELOPER funds available under this Agreement based
upon information submitted by the DEVELOPER and consistent with any approved budget
and GRANTEE policy concerning payments. Payments will be made for eligible NSP-3
related expenses actually incurred by the DEVELOPER, and will not exceed actual cash
requirements. In addition, the GRANTEE reserves the right to liquidate funds available
under this contract for costs incurred by the GRANTEE on behalf of the DEVELOPER.
D. Funds will be drawn through the Disaster Recovery Grant Reporting (DRGR) system,
which generally provides access to grant funds within 3 working days of an electronically
submitted request by the GRANTEE. To ensure expeditious implementation of activities,
GRANTEE will draw funds from DRGR and make payment to the DEVELOPER promptly
on receipt of the DEVELOPER's complete and properly submitted requests for payment
for activities under this agreement, if feasible.
E. The NSP-3 funds will be secured by a note and mortgage on the property, which shall be
released upon sale to an eligible buyer.
F. The GRANTEE reserves the right to inspect records and project sites to determine that
reimbursement and compensation requests are reasonable. The GRANTEE also
reserves the right to hold payment until adequate documentation has been provided and
reviewed.
G. The DEVELOPER may submit a final invoice upon completion. Final payment shall be
made after the GRANTEE has determined that all services have been rendered, files and
documentation delivered, and units have been placed in service in full compliance with
NSP-3 regulations, including submission of a completion report and documentation of
eligible occupancy, property standards and long-term use restrictions.
H. The GRANTEE shall pay the DEVELOPER as maximum compensation for the developer
services as provided in the approved Budget in Exhibit e. If multiple projects or buildings
are involved, the developer fee may be pro -rated to each building or project, and the
applicable percentage may be applied to each.
i. The DEVELOPER shall retain any net proceeds of sales, after the payment of all closing
costs and approved developer fee, under this contract, and shall comply with the following
(as checked):
Page 10 of 43
® The DEVELOPER may reuse such net proceeds of sale for NSP-34igible
activities..
❑ The DEVELOPER shall return the net proceeds of each sale to the
GRANTEE at each closing.
VI. Repayment of Punds
A. Ali NSP-3 funds are subject to repayment in the event the PROJECT does not meet the
Project Requirements and Other Requirements as outlined in this Agreement, including
deadlines.
B, It is
understood that, upon
the completion
of the
PROJECT, any NSP-3 funds obligated
but
not expended under this
agreement will
revert
to the GRANTEE.
VII. Contracting, Labor &Hiring Provtsions
During the performance of this contract, the DEVELOPER agrees as follows:
A. The DEVELOPER will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin(s). The DEVELOPER will take
affirmative action to ensure the applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, sex or national origin(s).
Such action shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
The DEVELOPER agrees to post In conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer of the
GRANTEE setting forth the provisions of this nondiscrimination clause.
B. The DEVELOPER will, in all solicitations or advertisements for employees placed by or on
behalf of the DEVELOPER, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
C. The DEVELOPER will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
D. The DEVELOPER will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to its books, records, and accounts
by the GRANTEE and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and order.
In
the event the DEVELOPER Is found to be in noncompliance with the
nondiscrimination clauses of this contract or with any of such rules, regulations or
orders, this contract may be canceled, terminated or suspended in whole or in part
and the DEVELOPER may be declared Ineligible for further Government contracts
in accordance with procedures authorized in Executive Order 11246 of September
24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965 or by rule, regulations, or
order of the Secretary of Labor or as otherwise provided by law.
Page 11 of 43
E. The DEVELOPER will include the provisions of this Section in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The DEVELOPER will
take such action with respect to any subcontract or purchase order as the GRANTEE may
direct as a means of enforcing such provisions, including sanctions for noncompliance;
provided, however, that in the event the DEVELOPER becomes involved in, or is
threatened with litigation with a subcontractor or vendor as a result of such direction by
the GRANTEE, the DEVELOPER may request the United States to enter into such
litigation to protect the interest of the United States,
F. The DEVELOPER agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR
570,607, as revised by Executive Order 13279. The applicable non-discrimination
provisions in Section 109 of the HCDA are still applicable.
G. The DEVELOPER agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis -Bacon Act, as amended, the provisions of Contract Work
Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal,
state and local laws and regulations pertaining to labor standards insofar as those acts
apply to the performance of this Agreement.
H. The DEVELOPER agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874
et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part
5. The DEVELOPER shall maintain documentation that demonstrates compliance with
hour and wage requirements of this part. Such documentation shall be made available to
the GRANTEE for review upon request.
The DEVELOPER will use its best efforts to afford small businesses, minority business
enkerprises, and women's business enterprises the maximum practicable opportunity to
participate in the performance of this contract. As used in this contract, the terms "small
business' means a business that meets the criteria set forth in Section 3(a) of the Small
Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise' means a business at least fifty-one (51) percent owned and controlled by
minority group developers or women. The DEVELOPER may rely on written
representations by businesses regarding their status as minority and women -owned
business enterprises in lieu of an independent investigation.
J. The DEVELOPER agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all contractors engaged under
contracts in excess of $2,000.00 for construction, renovation or repair work financed in
whole or in part with assistance provided under this contract, shall comply with Federal
requirements adopted by the GRANTEE pertaining to such contracts and with the
applicable requirements of the regulations of the Department of Labor, under 29 CFR
Parts 1, 33 5 and 7 governing the payment of wages and ratio of apprentices and trainees
to journey workers; provided that, if wage rates higher than those required under the
regulations are imposed by state or local law, nothing hereunder is intended to relieve the
DEVELOPER of Its obligation, if any, to require payment of the higher wage. The
DEVELOPER shall cause or require to be inserted in full, in all such contracts subject to
such regulations, provisions meeting the requirements of this paragraph. The
DEVELOPER shall comply with the provisions of the Copeland Anti -Kick -Back Act (18
U.S.C. 874) as supplemented in Labor Regulations (29 CFR Part 3), as amended.
Page 12 of 43
K. Compliance with the provisions of Section 3 of the Housing and Urban Development Act
of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135,
and all applicable rules and orders issued hereunder prior to the execution of this contract,
shall be a condition of the Federal financial assistance provided under this contract and
binding upon the GRANTEE, the DEVELOPER and any of the DEVELOPER's contractors
and subcontractors. The DEVELOPER certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The DEVELOPER further agrees to comply with these Section 3 requirements and
to include the following language in all subcontracts executed under this Agreement:
The work to be performed under this Agreement is a project assisted under a
program providing direct Federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to low- and very low-income
residents of the project area, and that contracts for work in connection with the
project be awarded to business concerns that provide economic opportunities for
low- and very low-income persons residing in the metropolitan area in which the
project is located."
2. The DEVELOPER further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction
and abatement of lead -based paint hazards), housing construction, or other public
construction project are given to low- and very low-income persons residing within
the metropolitan area in which the NSP-34unded project is located; where feasible,
priority should be given to low- and very low-income persons within the service area
of the project or the neighborhood in which the project is located, and to low- and
very low-income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation (including reduction and
abatement of lead -based paint hazards), housing construction, or other public
construction project to business concerns that provide economic opportunities for
low- and very low-income persons residing within the metropolitan area in which the
NSP-3-funded project is located; where feasible, priority should be given to business
concerns that provide economic opportunities to low- and very low-income residents
within the service area or the neighborhood In which the project is located, and to
low- and very low-income participants in other HUD programs.
3. The DEVELOPER further warrants and agrees to include or cause to be included
the criteria and requirements of this Section in every non-exempt subcontract in
excess of $100,000. The DEVELOPER also agrees to take such action as the
federal, state or local government may direct to enforce aforesaid provisions.
Vill. Compliance with Other Federal, State & Local Laws
A. The DEVELOPER covenants and warrants that it will comply with all applicable laws,
ordinances, codes, rules and regulations of the state local and federal governments, and
all amendments thereto.
f3. Environmental review — All NSP-3 assistance is subject to the National Environmental
Policy Act of 1969 and related federal environmental authorities and regulations at 24
CFR Part 58.
1. No NSP-3 project funds will be disbursed, and no costs can be incurred, until the
Page 13 of 43
GRANTEE has conducted an environmental review of the proposed project site as
required under 24 CFR Part 58. The environmental review may result in a decision
to proceed with, modify or cancel the project. Notwithstanding any provision of this
Agreement, the parties hereto agree and acknowledge that this Agreement does not
constitute a commitment of funds or site approval, and that such commitment of
funds or approval may occur only upon satisfactory completion of environmental
review and receipt by the GRANTEE of a release of funds from the U.S. Department
of Housing and Urban Development under 24 CFR Part 58.
Further, the DEVELOPER will not undertake or commit any funds to physical or
choice -limiting actions, including property acquisition, demolition, movement,
rehabilitation, conversion, repair or construction prior to the environmental
clearance, and must indicate that the violation of this provision may result in the
denial of any funds under the agreement.
3. A copy of the Environmental Review Record shall be maintained by both the
DEVELOPER and the GRANTEE.
C. Flood Disaster Protection — In accordance with the requirements of the Fiood Disaster
Protection Act of 1973 (42 U.S.C. 4001), the DEVELOPER shall assure that for activities
located in an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained as a condition of financial assistance for acquisition
or construction purposes (including rehabilitation.)
D. Historic Preservation — The DEVELOPER agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic
Preservation Procedures for Protection of Historic Properties, Insofar as they apply to the
performance of this agreement.
E. Relocation —The DEVELOPER agrees to comply with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing
regulations at 49 CFR Part 24; 24 CFR Part 42 — Displacement, Relocation Assistance
and Real Property Acquisition for HUD and HUD Assisted Programs; and 24 CFR
570,606 — Displacement, relocation acquisition, and replacement of housing, as may be
amended by the NSP Notice. The DEVELOPER also agrees to comply with applicable
GRANTEE or local ordinances, resolutions and policies concerning the displacement of
persons.
To meet These requirements, the owner of record must be notified in writing that
Federal financial assistance will be used in the iransaclion and that if agreement
cannot be reached through negotiation, that the acquisition will not take place.
There are specific URA voluntary acquisition requirements that must be met
depending on whether or not the buyer has the power of eminent domain and will
not use it (see 49 CFR 24.101(b)(1)(i)-(iv)) or if the buyer does not have the power
of eminent domain (see 49 CFR 24.101(b)(2)). Any acquisition under possible threat
of eminent domain, cannot be considered a "voluntary acquisition" (even if the seller
is willing to negotiate).
2. The relocation provisions of the Uniform Relocation Act apply to NSP-3 funds. An
unlawful occupant (see 49 CFR 24.2(a)(29)) who is displaced for an NSP-3-funded
acquisition will not be entitled to relocation assistance and payments. However, a
lawful occupant displaced for an NSP-3-funded acquisition will generally be eligible
Page 14 of 43
for relocation assistance and payments under URA. The DEVELOPER shall
provide appropriate relocation assistance (URA or Section 104(d)) to eligible
displaced persons as defined by applicable HUD and/or URA regulations that are
displaced as a direct result of acquisition, rehabilitation, demolition or conversion for
an NSP-3-assisted project,
F. The DEVELOPER agrees to comply with applicable state and local civil rights ordinances
and with Title VI of the Civil Rights Act of 1964 as amended, Title Vlll of the Civil Rights
Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and
Community Development Act of 1974 as amended (the HCDA), Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age
Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 121D7 and 12086, and will include the
provisions in every subcontract or purchase order, specifically or by reference, so that
such provisions will be binding upon each of its contractors and subcontractors,
G. The DEVELOPER agrees to comply with all applicable standards, orders, or requirements
issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the
Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection
Agency regulations (40 CFR part 15).
H. The DEVELOPER agrees that no funds provided, nor personnel employed under this
Agreement, shall be in any way or to any extent engaged in the conduct of political
activities in violation of Chapter 15 of Title V of the United States Code, The
DEVELOPER is prohibited from using funds provided herein or personnel employed in the
administration of the program for inherently religious activities, lobbying, political
patronage, and nepotism activities.
I. Conflict of Interest — The provisions of 24 CFR 570.611, apply to the award of any
contracts under the agreement and the selection of buyers for NSP-3-assisted units. No
member or Delegate to the Congress of the United States shall be permitted to any share
or part of this contract or any benefit hereunder. No member, officer or employee of the
GRANTEE; or its designees, or agents; or member of the GRANTEE Council of the
GRANTEE; and no other public official of the GRANTEE who exercises any functions or
responsibilities with respect to the program during his tenure or for one (1) year thereafter,
shall have any interest direct or Indirect, in any contract or subcontract, or the proceeds
thereof, for work to be performed under this agreement. Exceptions must be requested by
the DEVELOPER and the GRANTEE may grant exceptions as permitted by Regulation.
IX, Reporting, Monitoring &Access to Records
A. The DEVELOPER agrees to submit any and all reports required by HUD or the
GRANTEE. Additional reporting information is contained in Exhibit A-4 through A-7,
inclusive.
B. The DEVELOPER shall collect and maintain Project beneficiary information pertaining to
household size, income levels, racial characteristics, and the presence of Female Headed
Households In order to determine low and moderate -income benefit in a cumulative and
individual manner. Income documentation shall be in a form consistent with NSP-3
requirements.
C. The
DEVELOPER
agrees to provide the GRANTEE
access to records and
projects at any
time
during protect
Implementation or for fivo years
after project closeout
for purposes of
Page 15 of 43
verifying compliance with NSP-3 requirements and this agreement. Access shall be
immediately granted to the GRANTEE, HUD, the Comptroller General of the United
Stakes, or any of their duly authorized representatives to any books, documents, papers,
and records of the DEVELOPER or its contractors which are directly pertinent to that
specific contract for the purpose of making audit, examination, excerpts, and
transcriptions.
D. The GRANTEE reserves the right to audit the records of the DEVELOPER any time
during the performance of this Agreement and for a period of five years after final payment
is made under this Agreement. If required by A-1337 the DEVELOPER will provide the
GRANTEE with a certified audit of the DEVELOPER's records representing the Fiscal
Year during which the PROJECT becomes complete.
E. Project Closeout — The DEVELOPER's obligation to the GRANTEE shall not end until all
close-out requirements are completed. Activities during this close-out period shall
include, but are not limited to: making final payments, accounting for use of funds,
provision of all reports and records required by the GRANTEE.
X. Suspension &Termination
in accordance with 24 CFR 85.43, suspension or termination may occur if the DEVELOPER
materially falls to comply with any term of the award, and that the award may be terminated for
convenience in accordance with 24 CFR 65.44,
A. If the DEVELOPER fails in any manner to fully perform and carry out any of the terms,
covenants, and conditions of the agreement, or if the DEVELOPER refuses or fails to
proceed with the work with such diligence as will insure its completion within the time fixed
by the schedule set forth in this agreement, the DEVELOPER shall be in default and
notice in writing shall be given to the DEVELOPER of such default by the GRANTEE or an
agent of the GRANTEE. If the DEVELOPER fails to cure such default within such time as
may be required by such notice, the GRANTEE, acting by and through the GRANTEE,
may, at its option, terminate and cancel the contract.
In the event of such termination, all funds awarded to the DEVELOPER pursuant to
this agreement shall be immediately revoked and any approvals related to the
PROJECT shall immediately be deemed revoked and canceled. In such event, the
DEVELOPER will no longer be entitled to receive any compensation for work
undertaken after the date of the termination of this agreement, as the grant funds
will no longer be available for this project.
2, In such event, the DEVELOPER shall be entitled to receive just and equitable
compensation for any work satisfactorily completed hereunder to the date of said
termination.
3. Notwithstanding the above, the DEVELOPER shall not be relieved of liability to the
GRANTEE for damages sustained by the GRANTEE by virtue of any breach of the
contract by the DEVELOPER and the GRANTEE may withhold any payments to the
DEVELOPER for the purpose of setoff until such time as the exact amount of
damages due the GRANTEE from the DEVELOPER is determined whether by court
of competent jurisdiction or otherwise.
4. Such termination shall not effect or terminate any of the rights of the GRANTEE as
Page 16 of 43
against the DEVELOPER then existing, or which may thereafter accrue because of
such default, and the foregoing provision shall be in addition to all other rights and
remedies available to the GRANTEE under the law and the note and mortgage (if in
effect), including but not limited to compelling the DEVELOPER to complete the
project in accordance with the terms of this agreement, in a court of equity.
5. The waiver of a breach of any term, covenant or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term, covenant, or
condition hereof.
The GRANTEE may terminate for its convenience this contract at any time by giving at
least thirty (30) days notice in writing to the DEVELOPER. If the contract is terminated by
fhe GRANTEE, as provided herein, the GRANTEE will reimburse for any actual and
approved expenses incurred, Including those costs involved in terminating the contracts
and shutting down the work as of the date of notice, and the DEVELOPER will be paid as
compensation an amount which bears the same ratio to the total compensation as the
services actually performed bear to the total service of the DEVELOPER covered by this
contract, less payments of compensation previously made.
Prior to the Initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. The negotiation shall be attended by representatives of
CONSULTANT with full decision -making authority and by OWNER'S staff person who
would make the presentation of any settlement reached during negotiations to OWNER
for approval. Failing resolution, and prior to the commencement of depositions in any
litigation between the parties arising out of this Agreement, the parties shall attempt to
resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
CONSULTANT with full decision -making authority and by OWNER'S staff person who
would make the presentation of any settlement reached at mediation to OWNER'S board
for approval. Should either party fail to submit to mediation as required hereunder, the
other party may obtain a court order requiring mediation under Section 44.102, Fla. Slats.
Any suit or action brought by either party to this Agreement against the other party relating
to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all
such matters.
XI. General Conditions
A. All notices or other communication which shall or may be given pursuanf to this
Agreement shall be (n writing and shall be delivered by personal service, or by registered
mall addressed to the other party at the address indicated herein or as the same may be
changed from time to time. Such notice shall be deemed given on the day on which
personally served; or, if by mail, on the fifth day after being posted or the date of actual
receipt, whichever is earlier.
GRANTEE
Collier County Board of County Commissioners
ATTN: Housing, Human and Veteran Services
Page 17 of 43
3339 Tamiami Trail E, Suite 211
Naples, Florida 34112
With a COEX to:
Collier County Office of County Attorney
ATTN: Jennifer White
3299 Tamiami Trail E, Suite 800
Naples, Florida 34112
DEVELOPER
Habitat for Humanity of Collier County, Inc.
11145 Tamiami Trail East
Naples, Florida 34113
B. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
C. In fhe event
of conflict between the terms
of this Agreement and
any terms or conditions
contained in
any attached documents, the
terms in this Agreement
shall rule.
D. No waiver or breach of any provision of this Agreement shall constitute a waiver of a
subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
E. The GRANTEE's failure to act with respect to a breach by the DEVELOPER does not
waive its right to act with respect to subsequent or similar breaches. The failure of the
GRANTEE to exercise or enforce any right or provision shall not constitute a waiver of
such right or provision.
The parties hereto agree that this Agreement shall be construed and enforced according
to the Taws of the Stale of Florida.
G. Should any provisions, paragraphs, sentences, words or phrases contained in this
Agreement be determined by a court of competent jurisdiction to be Invalid, illegal or
otherwise unenforceable under the laws of the State of Florida or the GRANTEE, such
provisions, paragraphs, sentences, words or phrases shall be deemed modified to the
extent necessary in order to conform with such laws, or if not modifiable to conform with
such laws, then same shall be deemed severable, and in either event, the remaining
terms and provisions of this Agreement shall remain unmodified and in full force and
effect.
H. The obligations undertaken by DEVELOPER pursuant to this Agreement shall not be
delegated or assigned to any other person or agency unless GRANTEE shall first consent
to the performance or assignment of such service or any part thereof by another person or
agency.
The Agreement shall be binding upon the parties hereto, their heirs, executors, legal
representative, successors and assigns.
J. DEVELOPER shall indemnify and
save
GRANTEE
harmless from and
against any
negligent claims, liabilities, losses
and
causes of
action which may
arise out of
Page 18 of 43
DEVELOPER's activities under this Agreement, including all other acts or omissions to act
on the part of DEVELOPER, including any person acting for or on Its behalf, and, from
and against any orders, judgments, or decrees which may be entered and from and
against all costs, attorneys fees, expenses and liabilities incurred in the defense of any
such claims, or in the investigation thereof.
K. DEVELOPER and its employees and agents shall be deemed to be independent
contractors, and not agents or employees of the GRANTEE, and shall not attain any rights
or benefits under the civil service or pension ordinances of the GRANTEE, or any rights
generally afforded classified or unclassified employee; further they shall not be deemed
entitled to state Compensation benefits as an employee of the GRANTEE.
L. Funding for this Agreement is contingent on the availability of funds and continued
authorization for program activities and is subject to amendment or termination due to lack
of funds, or authorization, reduction of funds, and/or change in regulations.
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.
L;�
Brock; G,le.rk of Courts
and
legal sufficiency:
Assistant County Attorney
First Wttriess
ypeJprint witness name
econd Witness
(AC.,. 0A PA,'5 V Y
Type/print witness name
BOARD OF COUNTY COMMISSI ERS
COLLIER COUNTY, FLORIDA
By: KI Z"
Fred W. Coyle, Chairman
Habitat for Humanity of Collier County, Inc.
A Florida not-for--rof"t cor o anon
Title: P��r�d c0 Y'
Page 19 of 43
EXHIBIT A. Project Description
A. GENERAL
Developer will be provided NSP-3 funds in the amount of Three Million Four Hundred Ninetv
Five Thousand Seven Hundred Forty Nine and 00/100 Dollars ($3 495.749). Such funds will
be used to acquire eligible properties in the Grantees eligible target areas and to pay
associated developer fees.
B. ELIGIBLE TARGET AREAS
Properties
shall
only be acquired in the target
areas approved by the GRANTEE and
described
in the
GRANTEE's NSP-3 action plan.
Specifically, DEVELOPER may acquire
properties
in any
of the following target areas:
Target Area One —Golden Gate Citv (HUD Neighborhood ID 1108764
• Census Tract 0104.10
o GeoID 120219230126300010410Ul
o GeoID 120219230126300010410U2
o GeoID 120219230126300010410U3
Census Tract
0104.09
o
GeoID
120219230126300010409U1
o
GeoID
120219230126300010409U2
o
GeoID
120219230126300010409U3
o
GeoID
120219230126300010409U4
o
GeolD120219230126300010409U5
Census
Tract
0104.11
o
GeoID
120219230126300010411U1
o
GeoID
120219230126300010411U2
o
GeoID
120219230126300010411U3
o
GeoID
120219230126300010411R3
o
GeoID
120219230126300010411R1
Taroet Area Two —East Nantes Bayshore Gateway CRA (HUD Neighborhood ID
3981140
• Census Traci 0107.01
o GeoID 120219230199999010701U4
o GeoID 120219230199999010701U1
o GeoID 120219230199999010701U2
o GeoID 120219230199999010701U3
o GeoID 120219230199999010701R2
C. ELIGIBLE ACTIVITIES
The following activities are eligible under this Agreement and are more thoroughly described
in the NSP Notice.
NSP-Eligible Use (A) — Establish financing mechanisms for purchase and
redevelopment of foreclosed upon homes and residential properties, including such
mechanisms as soft -seconds, loan loss reserves, and shared -equity loans for low- and
moderate -income homebuyers.
Page 20 of 43
As part of an activity delivery cost for an eligible activity as defined in 24 CFR
570.206.
Also, the eligible activities listed below to the extent financing mechanisms are
used to carry them out.
NSP-Eliaibie Use (B) —Purchase and rehabilitate homes and residential properties that
have been abandoned or foreclosed upon, In order to sell, rent, or redevelop such
homes and properties.
24 CFR 570.201(a) Acquisition, (b) Disposition, (i) Relocation, and (n) Direct
homeownership assistance (as modified below):
o 24 CFR 570.202 eligible rehabilitation and preservation activities for
homes and residential properties.
o HUD notes that any of the activities listed above may include required
homebuyer counseling as an activity delivery cost.
NSP-Eliaibie Use (C) —Establish and operate land banks for homes and residential
properties that have been foreclosed upon.
0 24 CFR 570.201(a) Acquisition and (b) Disposition
o HUD notes that any of the activities listed above may include required
homebuyer counseling as an activity deliver cost.
NSP-Eligible Use (D) —Demolish blighted structures.
e 24 CFR 570.201(d) Clearance for blighted structures only.
NSP-Eligible Use (E) —Redevelop demolished or vacant properties as housing.
24 CFR 570.201(a} Acquisition, (b) Disposition, (c) Public facilities and
improvements, (e) Public services for housing counseling, but only to the extent
that counseling beneficiaries are limited to prospective purchasers or tenants of
the redeveloped properties, (1) Relocation, and (n) Direct homeownership
assistance (as modified below):
o 24 CFR 570.202 Eligible rehabilitation and preservation activities for
demolished or vacant properties.
o 24 CFR 570.204 Community based development organizations.
o HUD notes that any of the activities listed above may include required
homebuyer counseling as an activity delivery cost.
D, REHABILITATION OR REDEVELOPMENT
NSP-assisted property subject to this Agreement shall be rehabilitated or redeveloped to the
extent necessary to comply with applicable laws, codes, and other requirements relating to
housing safety, quality, and habitability in order to sell, rent, or redevelop such homes and
properties. Developer led rehabilitation Is undertaken pursuant to 24 CFR 570.202(b)(1).
New housing construction is undertaken pursuant to 24 CFR 570.204, or the NSP notice
published on October 6, 2008, as amended.
Pursuant to the Grantee's NSP-3 action plan, NSP-assisted property is required to meet or
exceed local and state building codes; the current code applied (n Collier County Is 2007
Florida Building Code. Furthermore, HERA defines rehabilitation to include improvements to
Page 21 of 43
Increase the energy efficiency or conservation of such homes and properties or to provide a
renewable energy source or source for such homes and properties. Such improvement are
also eligible under the regular CDBG program.
Developer is subject to Section 504 of the Rehabilitation Act of 1973 and the Fair Housing
Act, including their respective provisions related to physical accessibility standards for
person with disabilities. See 24 CFR Part 8; 24 CFR 100,205; See also 24 CFR 570.487
and 24 CFR 570.6024
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 ("11-125 Requirement').
To ensure compliance with the NSP LH25 Requirement, DEVELOPER shall ensure that
Nine Hundred Seventy One Thousand Forty Two and 00/100 Dollars ($971,042) be
expended to comply with the LH25 Requirement.
F. MAXIMUM SALES PRICE
If an abandoned or foreclosed -upon home or residential property is purchased, redeveloped,
or otherwise sold to an individual as a primary residence, then such sale shall be in amount
equal to or less than the cost to acquire and redevelop or rehabilitate such property up to a
decent, safe, and habitable condition. The maximum sales price for a property is
determined by aggregating all costs of acquisition, rehabilitation, and redevelopment
(including related activity delivery costs, which generally Include, among other things, costs
related to the sale of the properly).
G. HABITAT FOR HUMANITY AFFILIATES
Grantee hereby designates Habitat for Humanity of Collier County, Inc, as a Developer of
the County's NSP. Pursuant to a HUD issued NSP Policy Alert titled "Guidance for Habitat
for Humanity Affiliates," dated January 12, 2011, the following clarifications are hereby
provided.
a. DEVELOPER
Developers are program beneficiaries and thus distinct from subrecipients,
grantee employees, and contractors. Developers may receive NSP funds from
the Grantee. Developer -led rehabilitation is undertaken pursuant to 24 CFR
570.202(b)(1). New housing construction is undertaken pursuant to 24 CFR
670,204, or the NSP notice published on October 6, 2008, as amended.
Habitat for Humanity affiliates designated as developers:
• Do not have to follow federal procurement rules;
May charge developer fees;
• Do not have to follow OMB Circulars;
• Are not required to treat revenues as program income
Page 22 of 43
b. SALES PRICE VALUATION
In addition to the information contained above under "Maximum Sales Price," the
cost of donated materials and professional services may also be included in the
base for detennining the maximum sales price under Section 2301(d)(3) of
HERA. The cost of donated materials must be based on fair market value at the
time of donation. Estimates of the value of unskilled or sweat -equity labor may
not be included in the total development cost. Moreover, the costs of donated
professional services and materials may not be reimbursed by the NSP grant.
c. DEVELOPMENT SUBSIDY
In some instances, the total development cost of rehabbed and/or newly
constructed NSP units will be greater than the current market value of such unit.
In such situations, NSP funds can be used to fill the appraisal gap, and will be
considered a development subsidy. Grantee may not apply affordability
instruments to NSP funds used as a development subsidy. This subsidy will be
considered a "sunk cost" and is considered an eligible use of NSP funds.
d. DETERMINATION OF NO UNDUE ENRICHMENT
Pursuant to the terms and conditions of this Agreement, Developer shall be
investing Developer's own funds, time, and effort when undertaking the project
described herein. Furthermore, Developer is a not -for -profit provider of
affordable housing. Based upon these facts, as well as the rules and regulations
applicable to NSP, Grantee has determined that there is no undue enrichment
should Developer recapture and retain the net proceeds from sale of properties
assisted through this Agreement.
H. INDEMNIFICATION
To the maximum extent permitted by Florida law, the Developer shall indemnify and hold
harmless Collier County, its officers and employees from any and ail liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals'
fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct
of the Developer or anyone employed or utilized by the Developer in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph. This section does not pertain to any incident
arising from the sole negligence of Collier County. The foregoing indemnification shall not
constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,
Florida Statutes,
I. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES
No organization or individual shall offer or give, either directly or indirectly, any favor, gift,
loan, fee, service or other item of value to any County employee, as set forth in Chapter
112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of the
following consequences: a. Prohibition by the individual, firm, and/or any employee of the
firm from contact with County staff for a specified period of time; b. Prohibition by the
Page 23 of Al
individual and/or firm from doing business with the County for a specified period of time,
including but not limited to: submitting bids, RFP, and/or quotes; and, C. immediate
termination of any contract held by the individual and/or firm for cause,
Page 24 of 43
BXHIBI I Am Affordability Requirements
GENERAL
Developer will ensure that alt properties subject to this Agreemeni comply with the affordability
provisions of the HOME Investment Partnerships Program as contained in 24 CFR 92.254
relating to qualification as affordable housing for homeownership. The Developer, at its sole
discretion, may impose greater restrictions so long as the restrictions are at level at or above
those of the HOME Investment Partnerships Program.
I.[�Pif�i]rAl �I�:��Cll�[i7�Cej�x7r�i/1�3�777�:31�`�1
The NSP-assisted housing must meet the affordability requirements for not less than the
applicable period specified in the following table, beginning after project completion. The per
unit amount of NSP funds and the affordability period that they trigger are described more fully
below under Recapture Provisions.
Homeownership assistance NSP
amountper-unit
Minimum period of
affordability in years
Under
$15,000...........................
5
$16,000
to $40,000
......................
10
Over$40,000
...:..........................
15
Recapture Provisions
The recapture provisions will ensure that the Developer recoups all or a portion of the NSP
assistance benefiting the homebuyer, if the housing does not continue tc be the principal
residence of the family for the duration of the period of affordability. The period of affordability is
based upon the total amount of NSP funds subject to recapture described above.
The Developer may choose to recapture the entire amount of NSP assistance or a reduced
amount on a prorata basis for the time the homeowner has owned and occupied fhe housing
measured against the required affordability period, The net proceeds may be divided
proportionally as set forth in the following mathematical formulas:
NSP investment X Net proceeds =NSP amount to Developer
NSP investment +homeowner investment
homeowner investment X Net proceeds = amount to homeowner
NSP investment +homeowner investment
The Developer may permit the homebuyer to recover the homebuyer's entire investment (down
payment and capital improvements made by the owner since purchase) before recapturing the
NSP investment. Any NSP investment recaptured by the Developer shall remain with the
Developer for future use toward other NSP-eligible activities.
Page 25 of 43
EXHIBIT A4. 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); 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 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
Hundred Forty Nine and 00/100 Dollars ($3,225,749); this amount represents a cumulative of
reimbursements paid for each of the properties acquired through this agreement
METHOD OF PAYMENT
Grantee shall reimburse Developer a maximum One Hundred Fifty Thousand and 00/100
Dollars ($150,000) for each property acquired through this Agreement; however, such
reimbursed amount may not exceed the actual cost of acquisition. To secure payment following
acquisition, Developer shall submit to Grantee the following supporting materials in a format
acceptable to Grantee:
1. HUD-1 Settlement Statement
2. Proof of funds transfer
a. i.e. evidence of wire transfers
3. Bank account statements detailing funds transfer
4. Appraisal
5. Attestation form to be provided by Grantee
Grantee shall pay Developer one-half ($5,000 of a total per property developer fee of $10,000)
of the developer fee per property upon acquisition of such property and one-half ($5,000 of a
total per property developer fee of $10,000) at final sale to an income -eligible person or
household.
To secure payment following acquisition ($5,000 of a total per property developer fee of
$10,000), Developer shall submit to Grantee the following supporting materials in a format
acceptable to Grantee:
Page 26 of 43
1. HUD-1 Settlomen tStatement
2. Proof of funds transfer
a. i.e. evidence of wire transfers
3. Bank account statements detailing funds transfer
4. Appraisal
5. Attestation form to be provided by Grantee
To secure payment following final sale {$5,000 of a total per property developer foe of $10,000)I
Developer shall submit to Grantee the following supporting materials in a format acceptable to
Grantee:
1. HUD-1 Settlement Statement
2. Appraisal
3. Sale Contract
4. Attestation form to be provided by Grantee
Page 27 of 43
EXHIBIT A-3. Grant Agency Requirements
APPLICABLE LAWS AND REGULATIONS
Contain State and Federal laws, regulations, and Executive Orders are applicable in part or in
whole to the NSP. The applicable laws, regulations, and Executive Orders, classified generally
by compliance area, include but may not be limited to the following.
GENERAL REQUIREMENTS
The Housing and Community Development Act of 1974, as amended and as
implemented by the most current HUD regulations (24 CFR Part 570).
Federal Register Docket No. FR-5447-N-01: Notice of Formula Allocations and Program
Requirements for Neighborhood Stabilization Program Formula Grants; October 19, 2010.
U.S. Department of Housing and Urban Development's Playing by the Rules: A Handbook
for CDBG Sub-reciplents on Administrative Systems.
CIVIL RIGHTS
• Title VI -Civil Rights Act of 1964.
• Section 109 - Title I - Housing and Community Act of 1974,
• Title VIII of the Civil Rights Act, 1968 (Fair Housing Act), as amended. 42 U.S.C. 3601,
• Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of
1990,
• Executive Order 11246 - Equal Employment Opportunity, as amended by Executive
Order 11375, Parts II and III.
• Executive Order 11063 - Equal Employment Opportunity, as amended by Executive
Order 12259.
• Section 3 of the Housing and Development Act of 1968, as amended Section 118 of Title
I, Community Development and Housing Act, 1974.
• Age Discrimination Act of 1975.
• Executive Order 12432: National Priority to Develop Minority and Women Owned
Businesses.
• Section 504 of the Rehabilitation Act of 1973 and Implementation regulation (24 CFR
Part 8).
ACQUISITION AND RELOCATION
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(46 U.S.C. 4601 and regulaiions at 49 CFR, Part 24).
SING
• The Truth (n Lending Act (Regulation Z),
• Title I Consumer Protection Act (PL 90321).
• The Lead Base Paint Poisoning Prevention Act (42 U.S.G. 4831-5 at al.) and HUd
implementing regulations (24 CFR Part 35).
• The Residential Lead -Based Paint Hazard Reduction Act of 1993 (PL 102-550).
• The National Manufactured Housing Construction and Safety Standards Act of 1974 (42
U.S.C., 5401 et, seq., as amended).
• Manufactured Housing Act (O.C.G.A. Sections 8-2-130 and 160 et. seq.).
Page 28 of 43
• Construction Industry Licensing Board Act (O.C.G.A. Section 43-
• The Fire Administration Authorization Act of 1992 (PL 102-522),
ENVIRONMENTAL
• Tiile I of the Housing and Community Development Acf, Section 104(g} _ as amended
(42 U.S.C. 5304) and published in 24 CFR Part 58.
• Section 306 of the Clear Air Act (42 U.S.C. 1857(h))
• Section 508 of the Clean Water Act (33 U.S.C. 1368).
• Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part
15).
• Energy Policy and Conservation Act (Pub. L.94-163),
LABOR STANDARDS
• The Contract Work Hours and Safety Standards
supplemented by Department of Labor regulations.
• The Davis -Bacon Act (40 U.S.C. 276(a) to (a-7), as
OTHER
Act (40 U.S.C. 327-330) as
supplemented
supplemented
• Conditions prohibiting Inherently religious activities (24 CFR 570.200Q)).
HOUSING REHABILITATION REQUIREMENTS
• The Common Rule 24 CFR 85 — applies if the direct party of the construction contract.
This rule requires a competitive procurement.
• Federal Labor Standards — Only in certain situations. Davis -bacon wage rate are
applicable when NSP funds are used for rehabilitation of more than 8 housing units in
one project.
• Lead -Based Paint Hazard Elimination (24 CFR Part 35) — These rules include
inspection, testing, risk assessments, hazard control or abatement, safe work practices,
clearance and notification/disclosure requirements.
• Section 3 Clause of the Urban Development Act of 1968, and as implemented by HUD
regulations at 24 CFR Part 135 applies (regardless of the dollar amount of the contract)
in the following situations:
o If the Recipient contracts directly for rehabilitation services or acts as an agent
for the homeowner, i.e., signs the rehabilitation contract.
o If the Recipient provides homeowners with a list of contractors eligible to
participate in the local rehabilitation program, the Recipient should assure that
eligible Section 3 business concerns located or owned in part by residents of the
area are also included on the list.
o If the individual homeowner contracts directly for rehabilitation services and the
Recipient is not a party to the contract, the Section 3 requirements do not have to
be followed.
Section 104(d) of the Housing and Community Development Act is applicable if rental
units are converted to non- "low and moderate income dwelling units" or if occupied or
Page 29 of 43
occuplable housing units are demolished. See HUD regulations at 24 CFR Part 570.606
and 24 CFR Part 42.
The Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as
amended, and as implemented by DOT regulations 49 CFR Part 24, is applicable if
tenants or homeowners (regardless of income) are displaced in conjunction with a NSP
activity.
The Truth -In -Lending Act (Regulation Z) (USC 1601, et, seq.) which applies to any loan
transaction between the Recipient and the homeowner provided the Recipient meets the
criteria of being a "creditor", as defined by the Federal Reserve System
EQUAL OPPORTUNITY FAIR HOUSING AND ACCESSIBILITY
GENERAL
The regulations pursuant to Title I of the Housing and Community Development Act require
applicants to assure through certification that all activities will be conducted in accordance with
Section 109 of the Act (the nondiscrimination clause), Title VI of the Civil Rights Act of 1964,
Title VIII of the Civil Rights Act of 1968, and Executive Orders 11246 and 11063. These
requirements are briefly described below:
1. Title VI of Civil Rights Act of 1968 Nondiscrimination in any programs or activities receiving
Federal financial assistance.
2. Section 109 of Title I — Housing and Community Development Act of 1974 Nondiscrimination
in any program or activity subject to the provisions of this title. No person in the United States
shall on the ground of race, color, national origin, or sex, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity funded in
whole or part under this Title. Any prohibition against discrimination on the basis of age under
the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped
individual as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any
such program or activity.
3. Title VIII of the Civil Rights Act of 1968, as amended. Prohibition against discrimination
based on sex.
4. The Fair Housing Law Provides protection against the following acts, if they are based on
disability, race, color, religion, sex, national origin, or family status:
• Refusing to sell or rent to, deal or negotiate with any person Discriminating in terms or
conditions for buying or renting Housing
• Discriminating by advertising that housing is available only to persons of a certain family
status, race, color, religion, sex, or national origin
• Denying that housing is available for inspection, sell or rent when it really is available
• "Blockbusting" - For profit, persuading owners to sell or rent housing by telling them that
minority groups are moving into the neighborhood
• Denying to anyone the use of or participation in any real estate services, such as
brokers' organizations, multiple listing services or other facilities related to the selling or
renting of housing
• Denying or making different terms or conditions for home loans by commercial lenders,
such as banks, savings and loan associations and insurance companies
Page 30 of 43
5. Executive Order , woo - Equal Opportunity in Housing, as amended by Executive Order
12259 — All departments and agencies are directed to take all action necessary and appropriate
to prevent discrimination in housing and related facilities owned or operated by the Federal
Government or provided with Federal financial assistance and in the lending practices with
respect to residential property and related facilities (including land to be developed for
residential use) of lending institutions, insofar as such practices relate to loans insured or
guaranteed by the Federal Government,
6. Executive Order 11246 _ Equal Employment Opportunity, as amended by Executive Order
11375. Part II - Employment under Federal contracts. Non-discrimination in employment by
government contractors and subcontractors. Part III - Federally assisted construction contracts.
Non-discrimination in employment under federally assisted construction contracts. Parts II and
III are administered by the Department of Labor.
7. Section 3 of the Housing and Development Act of 1968, as amended and as implemented by
HUD regulations at 24 CFR Part 135 Section 3 provides that to the greatest extent feasible,
training and employment opportunities shall be made available to lower income residents of
project areas and that contracts be awarded to small businesses located within the project area
or owned in substantial part by project area residents.
SECTION 504 REQUIREMENTS
Local government recipients and subrecipients must comply with Section 604 of the
Rehabilitation Act of 1973, as amended. This requirement is similar to the "Americans with
Disability Act" (ADA) which is also applicable. HUD published implementation regulations (24
CFR Part 8) as a final rule on June 2, 1988. The general requirement is that no otherwise
qualified individual with a disability (physical or mental) shall, because a recipient's facilities are
Inaccessible to or unusable by individuals with disabilities, be excluded from participation in,
denied benefits, or otherwise be subjected to discrimination under any program or activity that
receives NSP assistance. The definition of disability includes physical and mental factors and
also includes those who may be regarded as handicapped (such as the spouse or children of a
person with AIDS). Both building accessibility and employment practices are covered by Section
504.
AFFIRMATIVELY FURTHERING FAIR HOUSING
Any Subrecipient must certify that it will affirmatively further fair housing, mandated under 24
CFR 570.602,
SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968
As amended, provides that, to the greatest extent feasible, opportunities for training and
employment shall be given to recipients of public housing and lower -income residents of the unit
of local government or the metropolitan area (or non -metropolitan county) in which the project is
located. Contract work in connection with such projects shall be awarded to business concerns
which are owned in substantial part by persons residing in the same metropolitan area (or
nonmetropolitan county) as the project, employ Section 3 residents in full-time positions, or
subcontract with businesses which provide economic opportunities to lower income persons.
Section 3 Regulations 24 CFR 135,
§ 135.38 Section 3 clause.
Page 31 of 43
All section 3 covered contracts shall include the following clause (referred to as the section 3
clause):
A. The work to be performed under this contract is subject to the requirements of section 3 of
the Housing and Urban Development Act of 19680 as amended, 12 U.S.C. 1701u (section 3).
The purpose of section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the
greatest extent feasible, be directed to low- and very low-income persons, particularly persons
who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD"s regulations in 24 CFR part 135,
which implement section 3. As evidenced by their execution of this contract, the parties to this
contract certify that they are under no contractual or other impediment that would prevent them
from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers" representative of the contractor's
commitments under this section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the section 3 preference, shall set forth
minimum number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding
that the subcontractor is in violation of the regulations in 24 CFR part 135, The contractor will
not subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training positions,
that are filled (1) after the contractor is selected but before the contract is executed, and (2) with
persons other than those to whom the regulations of 24 CFR part 135 require employment
opportunities to be directed, were not filled to circumvent the contractor's obligations under 24
CFR part 135.
F. Noncompliance with HUD"s regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD assisted
contracts.
G. With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires
that to the greatest extent feasible (i) preference and opportunities for training and employment
shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be
given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract
that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to
the maximum extent feasible, but not in derogation of compliance with section7(b).
Pago 32 of 43
DEBARMENT
Pursuant to 24 CPR 241 all NSP grantees are required to verify that any/ail persons, contractors,
consultants, businesses, sub -recipients, etc. that are conducting business with the grantee,
Including any city/county or the grantee itself, are not presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in the covered
transaction or in any proposal submitted in connection with the covered transaction. Verification
will be checked through the Excluded Parties Listing System (at website: www.epls.00v),
Page 33 of 43
EXHIBIT A-4. Reporting
REPORTING SCHEDULE
The Developer
shall submit quarterly
reports io Grantee based on the following
schedule.
Reports shall be
submitted according to
this schedule as long as this Agreement is in
force:
AClIVif
Re ortin
Period
Re od Due Date
October
1 s —
December 319
Januar 10
Januar
31
s
— March 31$
Aril 10
April 1s
—June
30'
July
10
14
July 15
— September
301hOctober
10
NSP-3 DEVELOPER AGREEMENT
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
Date Submitted:
Activity Reporting Period;
Oontact Person:
Telephone:
Email:
GENERAL
1. Activity Status or Milestones —describe any significant actions taken or outcomes
achieved during this reporting period.
2. Future Actions —what significant actions or outcomes are expected during the next
reporting period?
3. Obstacles —describe any potential obstacles, challenges, or Issues that may cause
delay.
Page 34 of 43
ACTIVITY STATUS
Complete the following information by entering the appropriate numbers for this reporting period
in the tables below. Do not duplicate information from previous reporting periods.
vlt
This=Re
ortit PUriod
-
--
No.
Active
Projects
No.
Projects Complete
No.
Properties Demolished
No.
Properties Sold
TOTAL
HOUSEHOLD INFORMATION
Complete these tables for those properties sold during this reporting period.
Householsi`pata
__
No.
Extreme) -Low Income Households 0-30 % AMI
No.
Very -Low Income Households
31-50% AMI
No.
Low -Income
Households
51-80%AMI
No.
Moderate
-Income
Households
81-120%
AMI
No.
Female Head of Households
TOTAL
RACE AND ETHNICITY BENEFICIARIES
"Race - ' '
_ Total
5
No;
Hts'
amc
White
Black
or African American
Asian
American Indian or Alaskan
Native
Native
Hawaiian or Other
Pacific
Islander
American Indian/Alaska Native and White
Asian and White
Black/African American and White
American
Indian/Alaskan Native and Black/African American
Other
Multi
-Racial
TOTAL
Page 35 of 43
EXHIBIT A-5. Monitoring
DATE:
HOMEBUYER(S) NAME:
PROPERTY ADDRESS:
DEVELOPER shall submit the following completed form upon final sale of each property
associated with this Agreement.
SECTION A: PARTICIPANT ELIGIBILITY
1
3.
4.
Did the Developer correctly apply income inclusions and exclusions for the
chosen income definition and was the calculation performed correcily?
Yes No NIA
Describe Basis for Conclusion:
as household income supported with source documentation?
Yes
No
N/A
Describe Basis for Conclusion:
Was the family's annual income less than or equal to 120% of the area
� � �
median income (or Iess than or equal to 50% if the unit was designated for
the Low Income set -aside)?
Yes No N/A
Describe Basis for Conclusion:
the file document chat the homebuyer received and completed at leas � � �
hours of homebuyer counseling from aHUD-approved housing
eling agency before purchase? Yes No N/A
Basis for Conclusion:
Page 36 of 43
5.
s the written agreement with the homebuyer specify that the b
the property as a principal residence throughout the period of
be Basis for Conclusion:
❑ ❑ ❑
res No N/A
the written agreement specify remedies or actions the Grantee must (❑ ❑ ❑
if the principal residence requirement is not met for the affordability
Yes No N/A
SECTION B: AFFORDABILITY PROVISIONS
8.
the written agreement with the homebuyer include the required ❑ ❑ ❑
ure or resale provisions, as described in the Developer Agreement?
Yes No N/A
Basis for
:he correct period of affordability established for the project
the total amount of NSPasslstance-provided to the homeb
a resale provision or the direct subsidy provided with NSP
Basis for Conclusion:
ad I ❑ ❑ ❑
if
s, if Yes No N/A
Were legal documents recorded: deed restriction or covenant running with ❑ ❑ ❑
the land if the property is under resale provisions, or noto/deed of truss and
mortgage for recapture provisions? Yes No N/A
Describe Basis for Conclusion:
Page 37 of 43
SECTION C: PROPERTY STANDARDS
10.
11.
f the project was constructed before 1978, did the Developer comply with ❑ ❑ ❑
ead-safe housing requirements at 24 CFR Part 35?
Yes No NIA
the project involved rehabilitation or new construction of a unit, does the
ial Inspection confirm that the property met all applicable property
andards at completion?
be Basis for Conclusion:
Prepared By:
Telephone:
Email:
(es No N/A
Page 38 of 43
EXHIBIT A-6. Income Certification
Neighborhood Sfa on Program 3
Habitat for Humanity of Collier County, Inc.
INSTRUCTIONS
Submit completed form, including appropriate supporting documentation, fo Grantee io obtain
approval prior to the sale of a property associated with this Agreement to an eligible person or
household.
Effective Date:
A. Household information
Member
Names —All Household Members
Relationship
Age
1
2
3
4
5
6
7
8
B. Assets: All Household Members, Including Minors
Member
Asset Description
Cash Velue
Income
from
Assets
2
3
4
5
6
7
8
Total Cash Value of Assets B(a)
Total Income from Assets B(b)
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 2.0%) and enter results in B(c), otherwise leave
blank. B(o)
Page 39 of 43
C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member
Wages 1
Benefits ,
Public
Other
Salaries
Pensions
Assistance
Income
(include tips,
commissions,
Asset
bonuses, and
Income
overtime)�T
1
(Enter the
2
greater of
3
box 13(b) or
box B(c),
4
above, in
6
box C(e)
6
below)
7
8
(a)
(b)
(c)
(d)
(e)
Totals
Enter total of items C(a) through C(e).
This amount Is the Annual Anticipated Household Income,
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. 1/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 Wilful false statements or misrepresentations concerning income and
assets or liabilities relating io financial condition Is a misdemeanor of the first degree and is punishable by tines 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
Adult Household Member (if applicable) Date
Adult Household Member (if applicable) Date
Page 40 of 43
E. NSP Grantee Statement: Based on the representations herein, the family or
individual(s) named In Item A of this Income Certification is/are eligible under the
provisions of the NSP. The family or individual(s) constitute(s) a:
Very - Low Income (VLI) Household means and individual or family whose
annual income does not exceed 50 percent of the area median income as
determined by the U,S. Department of Housing and Urban Development with
adjustments for household size.
(Maximum Income Limit $ ).
Low -Income (LI) Household means and individual or family whose annual
income does not exceed 80 percent of the area median income as determined by
the U.S. Department of Housing and Urban Development with adjustments for
household size.
(Maximum Income Limit $ ).
Moderate -Income (MOD) Household means and individual or family whose
annual income does not exceed 120 percent of the area median income as
determined by the U.S. Department of Housing and Urban Development with
adjustments for household size.
(Maximum Income Limit $ ).
Based upon the (year) income limits for the Naples -Marco Island Metropolitan
Statistical Area (MSA) of Collier County, Florida.
Signature of the NSP Administrator or HislHer Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race I Efhnicit
B A e
White
Black
Hispanic
Asian
American
Indian
Other
0-25
26-40
41-61
62+
Special Target I Special Needs
Check all that ap I
Farm Worker
Developmentally
Homeless
Elderly
Other
Disabled
NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No
occupant is required to glue 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.
Page 41 of 43
EXHIBIT A-7. Quarterly Performance Report Data
GENERAL
Grantee is required fo submit to HUD, through the Disaster Recovery Grant Reporting System
("DRGR") Quarterly Performance Reports ("QPR"). To facilitate in the preparation of such
reports, Developer shall submit the information contained herein within ten (10) days of the end
of each calendar quarter.
1. OVERALL PROGRESS NARRATIVE
Describe overall progress made in operating the NSP.
2. FINANCIAL DATA
Provide (a) number of properties acquired, (b) program funds expended, and (c)
program funds obligated.
3. ACTIVITY PROGRESS NARRATIVE
Described progress
made
within the following three
(3) activities: (a)
acquisition,
rehabilitation, resale
LMMI,
(b) acquisition rehabilitation,
resale LH25, and (c)
land bank,
4. PROPERTY DATA
Provide the address of each property where funds were expended or obligated this
reporting period.
5. DEMOGRAPHIC DATA
Provide the following data for each household assisted
this reporting
period: (a)
race, (b)
Hispanic/Latino (yes/no), (c) female head of household
(yes/no), and
(d) income
level.
Page 42 of 43
GENERAL
Developer will be provided NSP-3
properties for final disposition to
developer fees.
BUDGET
EXHIBIT B. Budget
funding by the
Grantee
for
the purpose of acquiring eligible
NSP-eligible
persons
or
families, including payment of
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 001100 Dollars ($270,000); this amount represents a cumulative of developer fees
paid for each of the properties acquired through this Agreement.
Grantee shall reimburse Developer a maximum One. .Hundred Fifty Thousand and 00/100
Dollars ($150,000) for each property acquired through this Agreement, 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
Hundred Forty Nine, and 00/100 Dollars ($3,225,749); this amount represents a cumulative of
reimbursements paid for each of the properties acquired through this agreement
INCOME TARGETING
Funds associated with this Agreoment shall be spent within the following income targets.
Line Item
Amount
County Administration
$388,416
Habitat for Humanity Developer Fee
$270,000
Low -Income Set Aside 50%AMI
$971,042
51% AMI - 80% AM
$11504,707
81%AMI - 120%AMI
$750,000
TOTAL
$31884,165
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 $971,042, 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.
Page 43 of 43
NEIGHBORHOOD STABILIZATION PROGRAM 3
SEVENTH AMENDMENT TO DEVELOPER AGREEMENT BETWEEN COLLIER
COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
CFDA: 14.218
THIS AMENDMENT, made and entered into on thisk2, , ay of.T e, 2017, to the subject
agreement shall be by and between the parties to the original Agreement, Habitat for Humanity of
Collier County, Inc, (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: NEIGHBORHOODSTABII,IZATIONPROGRAMB-IIUN-12-0003
In order to continue the services provided for in the original Agreement document referenced
above, the patties agree to amend the Agreement as follows:
Words Str��ele Through are deleted; Wm•ds Underlined are added:
(Dollar amounts have original underlines)
WITNESSETH:
WHEREAS, the GRANTEE is the recipient of Neighborhood Stabilization Program
Funds fi•om the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, the DEVELOPER has submitted a letter of intent, dated December 2, 2011
and incorporated herein by reference, for use of funds for an NSP-3-eligible PROJECT;
WHEREAS, the Agreement has been subsequently amended multiple times; and
WHEREAS, the Parties desire to further amend the agreement to add funding, revising
the Exhibits and increasing the number of properties acquired in order to facilitate grant closeout;
and
NOW, THEREFORE in consideration of the mutual covenants and obligations herein
contained, including the Attactunents, and subject to the terms and conditions hereinafter stated,
the parties hereto understand and agree as follows:
II. Terms and Conditions of the Funding
A. Funding Amount —NSP-3 Funds in the amount of T" ee M 711011 �euf ftu a.•ea * utv
Five 0A nn Dollars (y3 A09van) Four Million
Ninety Nine Thousand Forty Two and 00/100 Dollars ($4,099 042) are obligated for use
in compliance with this agreement. The County will require Three Hundred Eight -Eight
Thousand and 00/100 Dollars ($388,000) of the original allocation 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 fi•om 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.
i
1. These amounts represent an allocation of the GRANTEE total NSP-3 funding
contingent upon DEVELOPER performance and not an entitlement to a certain grant
amount, and shall only be disbursed for approved projects and costs.
2. Approved budget — The approved budget is attached to this agreement as Exhibit
B.It is understood and agreed that funds will be used according to the approved
budget. 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 $1,068,041. Should the Developer determine that the reallocation is
necessary, a prior notification and written approval shall be dully signed by the
Developer and the Director of CHS. Reallocations above $25,000 between Income
categories will require prior Grantee approval.
B. Use of Funds — NSP,3 funds obligated under• this agreement may be used as follows;
2. Eligible Activities —Funds may be used for the NSP-3 eligible activities that ar•e
checked below, The number of properties listed is a minimum and is not intended to
provide a limit on the number of properties that may be acquired through this Agreement:
®
Acquisition
27-31 abandoned
or• foreclosed single-family properties
®
2017- Acquisition
1_ abandoned or
foreclosed single-family property
® Rehabilitation reconstruction # acquired abandoned or foreclosed
® New Consh•uction # vacant properties
C. Cost Limits — All uses of funds are subject to the approval of the GRANTEE.
Cost Limits on Individual Units —The cost and assistance limits checked below
apply to every unit assisted with NSP-3 funds under this agreement:
® Developer fee allowed per dwelling unit for those properties 10 000
acquired through 2014
� Developer fee allowed per dwelling unit for those units acquired
in 2017 or after
Maximum NSP reimbursement per dwelling for those units acquired in 2017 and
thereafter $ 215,2930
D. Deadlines —Timely completion of the work specified in this agreement is an integral and
essential part of performance. The NSP-3 funds are subject to Federal deadlines and
failure to comply could result in the loss of the Federal funds. By the acceptance and
execution of this agreement, it is understood and agreed by the DEVELOPER that the
PROJECT will be completed as expeditiously as possible and that the DEVELOPER will
make every effort to ensure that the project will proceed and will not be delayed. Failure
to meet these deadlines can result in cancellation of this contract and the revocation of
NSP-3 funds.
1. Project Expenditure Deadlines — All project activities and all expenditures of NSP-3
funds must be completed by May 23, 2018 Marc' �', '018. If checked the
additional deadlines apply to project expenditures:
t
® 50% of NSP-3 funds expended and drawn 03/11/2013
by
® 100% of NSP-3 funds expended and drawn 03/11/2014
® 100% of NSP-3 Program Income in the amount of
$215,293 expended and drawn 06/13/2018
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 limit 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 $1,068,041, Should the Developer determine that
the reallocation is necessary, a prior notification and written approval shall be duly
signed by Developer and Director of CHS. Reallocation above $25,000 between
income categories will require prior Grantee approval.
1.
® Middle Income — 81%-120% Area Median Income 1 138 000
® Moderate Income — less than 80% of Area Median 1 613 000
Income
® Low Income —less than 50% of Area Median Income 1 068 041
V. DisUursementofFunds
A. Project Expenses (excluding developer
fee) shall
be paid
on vouchers for actual expenses
incurred or paid for all those prouerties
acquired
tln•ouah
2014 and shall be wire
transferred at the time of closing for all
those properties
acquired in 2017 and thereafter.
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 $1,068,041. Should the
Developer determine that the reallocation is necessary, a prior notification and written
approval shall be duly signed by Developer and Director of CBS. Reallocation above
$25,000 between income categories will require prior Grantee approval,
Requests for payment, or for a wire transfer DEVELOPER shall provide GRANTEE the
re�c uired documents five da�prior to closing and must be submitted by the Developer on
forms specified by the GRANTEE, with adequate and proper documentation of eligible
costs incurred in compliance with NSP3 and CDBG rules, The Developer agrees to
submit requests for payment in a timely manner in the form and times directed by the
GRANTEE.
G. The DEVELOPER may submit a final invoice upon completion. Final payment shall be
made after the GRANTEE has determined that all services have been rendered, files and
documentation delivered, and units have been placed in service in full compliance with
NSP-3 regulations, including submission of a completion report and documentation of
eligible occupancy, property standards and long-term use restrictions. For those
properties acquired in 2017 and thereafter the DEVELOPER understands that in the event
the funds are swept from the DRGR system and not available to the County there will be
no repayment made to the DEVELOPER.
Rxhibits will follow in the page
)uXIlIBIT A. Project Description
A. GENERAL
Developer will be provided NSP -1 funds in the amount of Fort�Thousand and 00/100
($40.000) for developer fees paid in 2014 and NSP-3 funds in the amount of Four Million
Ninety Nine Thousand Foy • Two and 00/100 Dollars (�4.099.042�Ti�e—A4illien�eut
v,,.,a�ea nr:.wr:., gf}gg-Bel}ars (mom nc��n�.
Such funds will be used to acquire ��a 'tea "��'� eligible properties in the Grantees eligible
target areas and to pay associated developer fees.
D. ELIGIBLE INCOME LEVELS OF BUYERS
NSP-assisted prope�iy subject to the Agreement shall be used with respect to individuals and
families whose income does not exceed 120 percent of area median income. However, not
less than twenty-five (25) percent of the funds expended by Grantee in acquiring the
properties subject to this Agreement shall be used to house individuals or families whose
income do not exceed 50 percent of the area median income ("LH25 Requirement").
To ensure compliance with the NSP LH25 Requirement, DEVELOPER shall ensure that One
Million Sixty Eight Thousand Forty One and 00/100 Dollars ($1,068,041) be expended to
comply with the LH25 Requirement. Orl iQ nal Re�c uirement of ($1,068,041) has been met.
XIIII3IT A-2. Disbursement
AMOUNT
Grantee shall pay Developer a Ten Thousand and 00/100 Dollars ($10,000) developer fee for
each of the properties acquired through 2014 and $0 00 for those properties acquired in 2017 and
thereafter 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 NSP 3 Funds, and 40 000 Forty Thousand and 00/100 from NSP 1 funds for a total of
Three Hundred Ten Thousand and 00/100 Dollars ($310,000); this amount represents a
cumulative of developer fees paid for each of the properties acquired through this Agreement
prior to 2017.
Grantee shall reimburse Developer a maximum One Hundred Fifty Thousand and b0/100 Dollars
($150,000) for each property acquired through 2014 and no more than Two Hundred Fifteen
Thousand Two Hundred and Ninety Three and 00/100 Dollars ($215 293) for all properties
acquired in 2017 and thereafter under this Agreement; however, such reimbursed amount may
not exceed the actual cost of acquisition, The maximum combined reimbursement paid by
Grantee to Developer through this Agreement shall be Th-ree Millign Twe Hundred Twenty Five
Thousand SevenHundred FortyNine and nnnnn Doll le's 65 749); Three Million Four
Hundred Forty One Thousand Forty Two and 00/100 Dollars ($354411042,042) this amount
represents a cumulative of reimbursements paid for each of the properties acquired through this
agreement
METHOD OF PAYMENT
Grantee shall reimburse Developer a maximum One Hundred Fifty Thousand and 00/100 Dollars
($150,000) for each property acquired through this Agreement for those acquired tlurough 2014
and Two Hundred Fifteen Thousand Two Hundred Ninety Three and 00/100 Dollars ($215,293)
for those acquired in 2017; however, such reimbursed amount may not exceed the actual cost of
acquisition. To secure payment following acquisition, Developer shall submit to Grantee the
following supporting materials in a format acceptable to Grantee:
1. Sales Contract/Addendums (executed by both parties)
2. Title Commitment
3, Preliminary Closing Disclosure (unsigned)
4. Warranty Deed
5. HUD4 Settlement Statement
6. Proof of funds transfer
a. i.e. evidence of wire transfers
T Bank account statements detailing funds transfer
8. Appraisal
9, Property Insurance Binder
10. Attestation form to be provided by Grantee
11, Land Use Restriction Agreement
12, Certificate of Occupancy (CO)
13. Sweat Equity Agreement
14. Income Certification
15. Wire Instructions
16. Home Buyers Education Certificate
To secure wire transfer the Developer shall submit those documents listed below:
1. Sales Contr'act/Adderidums (executed by both parties)
2, Title Commitment
3. Preliminary Closing Disclosure (unsigned)
4. Warranty Deed
5. Appraisal
6. Property Insurance Binder
7. Attestation form to be provided by Grantee
8. Certificate of Occupancy (CO), if new construction
9. Wire instructions
10. Environmental Clearance
11. Flood Insurance Binder, if required
12. URA notification if required
Grantee shall pay Developer one-half ($5,000 of a total per property developer fee of $10,000) of
the developer fee per property upon acquisition of such property and one-half ($5,000 of a total
per property developer fee of $10,000) at final sale to an income -eligible person or household for
acquired from 2017 and therafter.
The Developer understands that $215 293 added to the agreement in 2017 is subject to recapture
�� responsible to the seller and the Grantee is not subject to any payment to the seller or the
Developer.
� u•
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 for those properties acquired through
2014 and no developer fee $0 00 shall be paid for those properties acquired from 2017 and
therafter. The maximum combined developer fee paid by Grantee to Developer through this
Agreement shall be Three Hundred and Ten Thousand and 00/100 Dollars ($310,000) this
amount represents a cumulative of developer fees paid for each of the properties acquired through
this Agreement from NSP -I and NSP -3.
Grantee shall reimburse Developer a maximum One Hundred Fifty Thousand and 00/100 Dollars
($150,000) for each property acquired through 2014 and Two Hundred Fifteen Thousand Two
Hundred Ninety Three and 00/100 Dollars ($215 293) for all properties acquired in 2017 and
thereafter under this Agreement; however, such reimbursed amount may not exceed the actual
cost of acquisition. The maximum combined reimbursement paid by Grantee to Developer
through this Agreement shall be ForV Thousand and 00/100 ($40 000) for devoes a
J 2014 from NSP -1 and Four Million Ninety Nine Thousand and Forty Two and 00/100 Dollars
($4 099 042) from NSP-3. T" "" � u u T 'n® i. u^Aland eYen krndred
(
Forty —Nhie--an�i-001-19�.,,n � B--$3495nnn)., this amount represents a cumulative o
reimbursements paid for each of the properties acquired through this agreement
INCOME TARGETING
Funds associated with this Agreement shall be spent within the following income targets.
Line Item
MP-1
Amount
NSP-3 Amount
County Administration
$M841-5- 173
123
Habitat for Humanity Developer Fee
4$ 0000
270 000
Low -Income Set Aside 50%AMI
$9745042$L068,041
51%AMI-80%AMI
$',°^z N-4-70T
1623001
81% AMI-120% AMI
$73Q000
1
138 000
TOTAL
40 000
$3
1884-165-$4,272,165
It is understood and agreed tha 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 $1,068,041. 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 CHS. Reallocations above $25,000 between income categories
will require prior GRANTEE approval.
ATTEST 'y;� � ; BOARD OF COUNTY COMMISSIONERS
Dwight Y 5crop i) I-ik of Courts COLLIE C07TY, FLORIDA
s
$Y 1 By:
Dated " Penny Tayl
'' Chair•woma
Attest ds,R uaim►an s Date: 1
Habitat for Humanity of Collier County, Inc.
A Flor' not -for -profit corporation
Print: •&Q 0
Title: GCO
Date:___r
Approved as to form and legal-su�eney:
Qc A �
7ennifer . Belpedio � \�
Assistant County Attorney I
\�
MEMORANDUM
Date: June 20, 2017
To: Tomas Calderon, Grants Coordinator
Community & Human Services
From: Ann Jennejohn, Deputy Cleric
Board Minutes & Records Department
Re: Closeout of Neighborhood Stabilization Program (NSP)
amending the associated Developer Agreements with
Habitat for Humanity of Collier County
Attached please find two original copies of the agreement referenced above
(Item #1113), approved by Collier County Board of County Commissioners on
June 13, 20170
If you have questions or if I can be of any additional assistance, please feel
free to call me at 252-8406.
Thank you.
Attachments (2)
NEIGHBORHOOD STABILIZATION PROGRAM 3
AMENDMENT NO.6 TO DEVELOPER AGREEMENT BETWEEN COLLIER COUNTY AND
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
CFDA: 14.218
THIS AMENDMENT, made and entered into on this /Oeday of ALOV. 201,y is by and between the
parties to the Agreement, Habitat for Humanity of Collier County, Inc, EIN 59483437% (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 (hereinafter called the "County"), hereinafter collectively known as the "Parties".
RE: NEIGHBORHOOD STABILIZATION PROGRAM B-11UN-12-0003
In order to continue the services provided for in the original Agreement document referenced above, the pazties
agree to the following amendments:
Words Struele Through are deleted; Words Uuderlined are added:
RECITALS:
WHEREAS, on January 8, 2013, the Parties entered into Neighborhood Stabilization Program 3,
Developer Agreement ("Agreement"); and
WHEREAS, on February 12, 2013, the Parties entered into Amendment 1 to the Agreement to establish
nd bank activities; and
WHEREAS, on June 24, 2013, the Parties entered into Amendment 2 to the Agreement to clarify eligible
activity goals and dispursment of funds; and
WHEREAS, on July 9, 2013, the Parties entered into Amendment 3 to the Agreement to adjusted the terms
and conditions of funding and the dispersment of funds; and
WHEREAS, on March 11, 2014, the Parties entered into Amendment 4 to the Agreement to clarified
expenditure deadlines and added the land bank plan, Exhibit C; and
WHEREAS, on June 24F 2014, the Parties entered into Amendment 5 to provide expanded guidance on
NSP appraisal requirements; and
NOW THEREFORE, in consideration of the foregoing Recitals, and other good and valuable
consideration, the Parties agree to modify Exhibit A-1 to the Agreement as follows:
Statement of Understanding
RE; NBIGHBORHOOD STABILIZATION PROGRAM B-11UN-12-0003
'Page
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 Struek Through are deleted; Words Underlined are added:
(Dollar amounts have original underlines)
WITN) SS) TH:
);XHIBIT A -I. Affordability Requirements
GENERAL
HOMEOWNERSHIP: LONG TERM AFFORDABILITY
LONG TERM AVAILABILITY:
FOR DEVELOPER SOLD PROPERTIES
Resale: 24 CFR 92 252(a)(e)(e) and (f), and 92.254
Resale restrictions shall be implemented for every home buyer property
constructed redeveloped, or
rehabilitated in whole or in part with NSP funds in the form of
a development subsidy A
development subsidy consists of the difference between the cost of producing the unit and the fair
market value of the prropV. If NSP funds are provided to the property
it will be subject to a resale
restriction If the home buyer determines that it no longer intends to use
the property as its principal
residence resale restrictions require the homebuver to sell the property
to a family that will use the
property as its principal residence and meets the income limits described in the lien and restrictive
covenant on that property. The house must be affordable to a range of new buyers in the target
affordable range The new buyer must occupy house as principal residence. The remaining resale
restrictions apply to new buyer, for the period of affordability.
The original homebuver is entitled to a fair return on its investment (as described below) upon the sale
of the property The fair return will be based on the percentage chance in the Consumer Prrce Index for
P�be
All Urban Consumers Owners' Equivalent Rent of Primary Residence category in Table I of the CPI
Detailed Resort (the "CPI Index") during the period of the homebuyer's
ownership Accordingly, the
CPT Index during the month the residence was completed (the month
during which the completion
reports were received by and approved by IHCDA) will be compared
to the CPI Index during the
month the original home buyer sells the residence to determine the percentage
of the return, The
homebuyer's investment will include any down payment paid by the
homebuyer plus any capital
improvements A capital improvement is any property enhancement that
increases the overall value of
the property, adapts it to new uses or extends its life such as: adding windows insulation, a new drive
way, a new furnace a garage bedroom new roof, remodeling kitchen
etc AU capital improvement
will be valued based on actual cost as documented by the original homebuyer's receipts. Cieneratly,
replacing worn dated components such as appliances or carpet would not be considered an improvement
that adds value
or adapts it to new uses.
The purchasing family should pay no more than thirty (30%) of its gross family income towards the
principal, interest taxes and insurance for the property on a monthly basis In certain circumstances,
such as a declining housing market where home values are depreciating the original homebuver may
not receive a return on his or her investment because the home sold for less or the same price as the
original purchase price and a loss on investment may constitute a fair return.
Resale Example:
Assumption: NSP funds total
development Total Development
Costs (TDC) $120,000 Sale price
based on appraisal $90,000 Principle
reduction $10,000
First Purchase mortgage $80,000
Closing cost assistance $1,600
Amount determining compliance
120 000
Compliance period 15 years
I_n the event of a deed in lieu of foreclosure or• a foreclosure the lien holder or mortgagee will insure that
that home be sold to a family that will use the property as its principle residence and meets the rncome
limits described in the lien and restrictive covenant on the property.
Page
r'+' J
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,
IF I
ATTEST O 4 1 11 11 1 0 BOARD OF COUNTY COMMISSIONERS
Dwige ;:BrodnIF rle`6iCourts COLLIER COUNTY, FLORIDA
'
LLL
IN
IF IF
BBy: I �iy�itGQ
Dated:, ` it Tim Nance, Chairman
(SEAS,),
Attest as tqqiwftan's
signature Only. Habitat for Humanity of Collier County, Inc.
A Florida not -for -profit corporation
By, �S` ZL?
Print: /!/2 6 n�
Title:_�y
Approved as to form and legality:
Jenmfer A. Belp 'o T
Assistant County torney
4�Page
,,t
MEMORANDUM
Date: June 27, 2014
To: Geoffrey Magon, Grant Coordinator
Housing, Human & Veteran Services
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Amendments #2 and #5 to Developer Agreement with Habitat for
Humanity of Collier County, Inc.
Attached is a copy of the document referenced above, (Item #16D5) approved by the
Board of County Commissioners on June 24, 2014.
The original Amendments are being held in the Minutes &Records Department as part of
the Board's Official Records.
If you have any questions, please feel flee to contact me at 239-252-8411.
Thank you.
Attachments (2)
�� NEIGHBORHOOD STABILIZATION PROGRAM 3
AMENDMENT NO. S TO DEVELOPER AGREEMENT BETWEEN COLLIER
COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
CFDA: 14.218
*h 2ot4-
THIS AMENDMENT, made and entered into on this 2� day of J✓n) tom, 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" or "Grantee").
Statement of Understanding
RE: NEIGHBORHOOD STABILIZATION PROGRAM B-1lUN-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 SAruele Through are deleted; Words Underlined are added:
(Dollar amounts have original underlines)
WITNESSETH:
Definitions
2. "Appraisal" means an appraisal which meets the criteria specified in the Uniform
Relocation Assistance and Real Property Acquisition Policies Act ("URA"), as
further defined in 49 CFR 24.103. The NSP Policy Alert entitled "Guidance on
acquisition
of real
property
using
federal
funds
is
subject
to
URA
and
the
additional NSP requirements that an
appraisal be completed
or• updated
within
60
days
of a final offer made for the pt•opert�y a grantee
for
the purpose
of
acquisition.
Appraisals for the disposition
of property
are not subject
to the
60
day
requirement for acquisitions.
The Developer
may complete
appraisals
beyond
the 60 days of final offer as previously
defined.
5. "Current market appraised value" means the value of a property that is established
through an appraisal made in conformity with either: 1) the appraisal requirement
of the URA at 49 CFR 24.103, or 2) the Uniform Standards of Professional
Appraisal Practice ("USPAP"), or 3) the appraisal requirements of the Federal
Housing Administration ("FHA") or a government sponsored enterprise ("GSE");
1�Page
C �(
and the appraisal must be completed or updated within 60 days of final offer made
for the property by a grantee, subrecipient, developer, eF+»di-v3dtta(--buyer, The 60
__.
beneficiary, However, if the anticipated value of the proposed acquisition is
estimated at $25,000 or less, the current market appraised value of the property
may be established by a valuation of the property that is based on a review of
available data and is made by a person the grantee determines is qualified to make
the valuation,
IN WITNESS WHEREOF, the GRANTEE and DEVELOPER, have each, respectively,
by an authorized person or agent, hereunder set their hands and seals on the date and year
first above written.
ATTEST;
Dwight E, Brock, Clerk of Courts
�: C�
;,Dae. t
(SE 'k�ttest as to Chairman's
L J�PP_ �i�ye �,,
TType/print witness nameT
�����•
Second Witness
�i>�Q�G22 ��(1�tGjCk'�
TType/print witness nameT
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B
Tom ennmg, Chas
Habitat for Humanity of Collier County, Inc.
A Florida not -for -profit corporation
������
Print: /) ic�' i%�,a �/%r�•
Title: � _ (/ ,Q
Approved as to form and legality;
-�..���
Jen �fer A. elp
Assistant County A omey �� \��bC
2�Page c;P�
EXHIBIT A. Project Description
F. MAX[MUM SALES PRICE
If an abandoned or foreclosed -upon home or residential property is purchased,
redeveloped, or otherwise sold to an individual as a primary residence, then such
sale shall be in amount equal to or less than the cost to acquire and redevelop or
rehabilitate such property up to a decent, safe and habitable condition. The
maximum sales price for a property is determined by aggregating all costs of
acquisition, rehabilitation, and redevelopment (including released activity delivery
costs, which generally include, among other things, costs related to the sale of the
property). Note that the maximum sales price may not exceed the current market
value of the unit as established by an appraisal. Note that for disposition neither the
County nor the Developer are required to perform the appraisal in conformance with
perform an appraisal to ensure that the market price is appropriate, however this
di�osition app<aisal is not subject to the NSP Policy Alert entitled "Guidance on
NSP Appraisals: Voluntarx Acquisitions", and may be completed beyond the time
period of 60 days.
3�Page CA�>1
NEIGHBORHOOD STABILIZATION PROGRAM 3
AMENDMENT NO. 4 TO DEVELOPER AGREEMENT BETWEEN COLLIER
COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
CFDA: 14.218
THIS AMENDMENT, made and entered into on this IV day of TALt>j 2014 to the
subject agreement shall be by and between the parties to the original Agreement, Habitat
for Humanity of Collier County, Inc, EIN 59.18343791 (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" or "Grantee"),
Statement of Understanding
RE: NfitGHBORI-lOOD STABIL[7.,A'1'IONPBOGRAM B-1 1UN-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 Strrtelf Through are delelcd; Words Underlined are added;
(Dollar amounts have original underlines)
WITNESSET'H:
IL Terms and Cmrdifions oftha Ruodiag
ll, Deadlines — 'finrely completion of the work specified in this agreement is an
integral and essential part of performance, The NSP-3 fu rds are subject to Federal
deadlines and failure to comply could result in the loss of the Federal funds, By the
acceptance and execution of this agr•eemeut, it is understood and agreed by the
DEVELOPER that the PROJECT will be completed as expeditiously as possible
and that the DEVELOPER will make every effort to ensure that the project will
proceed and will not be delayed. Failure to meet these deadlines can result in
cancellation of this contract and the revocation of NSP-3 funds.
i. Project }expenditure Deadlines ^' •;eot-a4vitles-and all expen"wes-of
SP-34au�w4r be eetxpleted-liy--Mareh-4 4—,24W, HUD requires that an t
amount equal to 100% of the original grant amount must be expended by
March _ 11 _ 2t)14, Th ina the
expenditure deadline as follows: ifeheel€ed-the-additieturl--inter-irrr-deadlines
apply te-prejeet er peridituresi
® Amount equal to 50"/0 of NSP-3 ori�ival 03/11/2013
grant award funds expended nnd-dta4vn
by the County
11Payo
® Amount equal to 100% of NSP-3 03/] 1l2014
oriuinal grant award tends expended and
d}�nswe by the County
® PROIFCT activities completed Prior to Project
Closeout
t t
III, Project Requirements
The DEVELOPER agrees to comply with al! requirements of the NSP-3 as slated in the
NSP-3 Noticc and CDBG regulations, including but not limited to the following:
A, NSP-3 Eligible Use, CDBG National Objective and Eligible Activities —The
DEVELOPER will ensure and document that its NSP-3 activities meet LMMI
national objective, eligible nse, allowable cost, and eligible activity re<luiremonts of
the NSP-3 Notices &CDBG Regulations. The DEVELOPER will ensure lha( any
expenditure of NSY-3 fiuids will be in compliance with the requirements, and
ac(aiowledges that NSP-3 fwids will only be provided as reimbursement for
eligible costs incurred, including actual expenditures or invoices f'or work
canpleted. The DEVELOPER will ensure that any Land Baukiu� activities will
Signature page to Follow
2�Peipc
IN WITNESS WHEREOF) the GRANTEE, and DEVELOPER, have each, respectively,
by an authorized person or agent, hereunder set their hands and seals on the dale and year
first above written,
rs„
Dwight E. Bropl<; C leil< of Courts
>> .,
Bya: C .
Dated;
tsEA".0 aVM1111anW'S.
signature only.
Second
BOARD OF COUN'PY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Tom
Habitat for Humanity of Collier County, 1ne.
A Florida not -for -profit corporation
Print: crtrs'
Title:
Approved as to form and legality:
TY Type/print witness nameT
Jennifer A. Belpedio �{
Assistant County Attorney (77 ��
�` a
cac 2�
3�f'aye
� rXiiIBIT C. Laud Hank i'lan
Neighborhood Stabilization Program
i and Bank Report and Recommendations
Collier County, Tlorida
r October 25, ZOi3
Rcaort by Gladys Sclmelder
TDA TA NSP3-018-i
Contents
Overview_ .. ............._,._,.•,,,.................................,....��_• ... .............,...,.5
CurrentStatus_..............................................� ..... .......,...�.�._. .... ..,........ .....:--,_::..,._ 5
Sununary of Reconunendations`. .:..::::..... .., . ....... ....,... 6
Land Bank Plan Guidelines .................�..�— ...�..,..-�.-.�.' G
Goalof the Land Bank ......... .......................>,.._u . _,._,__:::.. ... ....,...,....,..,,... 6
NationalObjectives._z,_......................... ......,.........,......,.........—..........,.......,....,.........,..... 6
Lantl Battk Oversight .........................—._._ .... .........__,��...�.. 7
T'en Year I,imifation on NSP Land Bank Properties y,_.,, ••• � 7
Side Lot Disposition__..,..._:.,_ ... .................................�,,.......�..y_ .�.—� ,.. 7
Future acquisition of propet�ties for the Land Bank ........................ ..._:.....-•—......,..,...,�.....�. 7
Responsibilities and Requirements •• • • •••••••• -:— � •• ••• �
APPENDIX1................................ .........,_<._ . . ,�—:_ ... .... ,. _.__ ,.. ,....,. 9
APPENDIX 2........�_.:,,. ... ..............................................._..........,....,.............,.................,,.9
...
APPENDIX3 __:: ........ ................:.:.�„_� .... :,�_.,.,. .. ._ :_-... ,...:_:.,y:>:_l0
q�Paye
Overview
This report presents rile results of technical assistance�trovided to Collier Coull In the
_ . ...:d. cx..u,.,, r . rxI..,,nnity nfCnilier
In Clllul ill span . ..•..... .... .. �,,... __ ..._--....
County and Habilat For HmnanlLy NSP Plans and ag[eements and a sunuuary of NSP re 1 ator
cltatiolls e�giding land banks,
Current Status
C tliel County
authorized the formation and operation of a
land bank in its Neighborhood
Stabilizatlon
Program (NSP
. Iabi at curreittholds title lo_vncant
restden(tal lots_t�at berg
uuohased with
Collies
County NSP3 Funds As the Program
near completion the County and
Habitat neod
to deyclon
specific pro rapt licies to carry out
the Lflud Bank sfrate that y�
authorized in
the NSP,ImRK
am The inventories of properties
proposed for the NSP Land Dauk
are included in Appendix 1.
Collier County s NSP3 Actiat Plan provide for the fonnakion
and operation
of a_land
bank
{Aa 2) If enacted the County would 'I M
0 Land
Bank Plan aid
enter
into
agreement
g3ndi
w(th Habitat for Humanity to iutplentent the program
Generally
speaWr,¢ +hr
I and
Bank Plan Is
desi n d to carry out the goals of the Neighborhood
Stabdlzauon
Program
(ve
with the
urrose of remov n bli lit ovidin affordable
housm
and roI tin
redevelo
meat mrd
revrtal(zation The Iiousingend Eeenpnll0 Recovery Act of
2008 (Division B,
Tifle
lit) is the
legtslatioi for land banks as an elltble
use of NSP Funding with
certain
Irnutalrons.
authorrzinn
Under this legislation a Land.Bank is detnten as:
ns rcrnble facrlrlate r edeveloumur! of rnur ket and drrnosc oftlre land -bunked vroncrlies I
t�close out (ts NSP grants If other close-out ret t�rents aro Inca. +���_u�••-_� ••-••
Iovrde uklance to both Parties to ensure that progrun rcnuirentents are met_and the Proposed
schedule has Prover oversight
Since H tbit tt ah•pady holds title to the NSP properties the NSP3 Action Plan includes a Land
,_ .. n.__..._..� rl.. t.:I„I ..,;❑ n �A,in ictPr Ihr. t
S�Fac�e
national obieclive that will be utet. The Land Bank uidelines can be included in the Developer
A�teements,_vith t�bitat ooi_b a se rpte a Bement.
Summary of Recommendations
Tho County should proceed with a Land Baulc Platt and A 'eg�ement,tivith liabitgt fur Hymant to
guide the completimt of the A remaining_proneriies that would be included in the laud bank
urogrrym. The Cam will not need to revise ifs NSP3 Actiae Plan as it btoluded Elieible Use C.
Land Bank The Developer Agreements between Habitat and the County authorize land baukina
activities• There are four NSP3 parcels -_all sin_gle,fmn �resideutlal lots. Habitat intends to
con?Plate he S 3 homes b tl?e end of 2014. Thaw schedules are based upon buyer demand
and market catditions The relatively short auiicioated timeframe elves the Countxsome
The adoption ofa Lxnd Bank Ptan and Agreement with Habitat will enshle the Coun tq close
out ttieh• P grant i other rec uirements era com Iete. A Land Bantc Plan wauW provide a
more formal understanding of what is to b�e comuleled and bv,. Iw ien• These would be a basis fa•
extcndinc the deve op�nent timetl•ame if needed since tan Rears hotdin@ time would be available
from the date of grant closeout The Cgllier Coytlty urogram has the benefit of fewer scenarios
t��n othe NSP lend banks Ill ll?at all of the�roperties are similar and will be obligated for the
development of affordrbla h t s'n .Side ots, t•ezonhig, re-platting�or other complexities are
Land Bank Plan Guidelines
the effective Developer
Goal of the Land Bank
National Objectives
Thea«laisition rehabilitatioe deptolition
have not vet met a nHtlonal b'eotive me placed in �.I.aiid 1�Ank ll, to erantee ui� close i�ut their
rantwit11MA __This relieves the Giontee from otreoin eranls'tdminislration tesponsibilitie�
Area Benefits LIVINTA Activities that benefit all of the residents of a nrimaril
residen ial area in which at least 5IN of the resldenis have incomes at or below 120% of
the area median_incolite,,, h�ams include the donation or sate of a parcel for onen
space or conservation
Land Bank Oversight
Ten Year Limitation on NSP Land Banlc Properties
Side Lot Disposition
Future ac�c uisition of properties for the Land Bank
Resuonsibilities and Requirements
I. [labit�t is responsible fgi_all.nlait�tenance and expenses associated with the slewarAsltip
fr the land_bTtikpro ernes.
2, I3af?JRAis responsible fin all title and transfer expenses associated with the dispositioft of
the laud batik pro r i
9, ! l�hitat will construct homes on buildable proMmIics bathe date specified. Fut_chi rs
will bgNSP eligible beneficiaries.
A. A mininmm of 25% of the NSP funds exllehded will serve hnusellolds with incomes at or
bJuw SO%a of the area median incquie _per Dev to er ftgreemenls.
71Palle
5. NSP3 fLnds can be used for accfuisition and demo,Gitiu _Recpnstrucfionnd aall other
deveiopment mfiinlenance and transfer costs are the responsibility of Hgbilat.
6, liabitat is responsible.fur repoltine to the County on,land bank activities and�tositip1
no less than once annual
7, Habitat is entitled to a set fee of $10 00, 0 per unit as a developer fee for NSP3_homes.
This fee is_paid half upon acquisition of the foreclosed properly and half upon completion
of the home and sale to aneligible beae6ciary.
8, The, feasibility for eventual development of the properties should be considered to
determine if all properties aresuitable for residential construption, if not he proms eutles
shall, be deli ng ued.ps open space or conservation and Habitat maa ttotiate a transfer to
either a public agency, a nonprofit organization or may retain title aloytg with full
utaintenaace responsibilities. Lt order to meet the Area Benefit rule LMMA) the use
lnnyst beneFt all the residents of _primarily residential neiahborhuod in which at least
51% of the residents have incomos at or below 120% of the area median income.
Designation of the non-buildable.nroaeiiies as _pep Waco or conservation is an
" ro riate area benefit use
8�f a,ye
f T'
APPENDIX 1
Land Rnuklnvcnt�
Parcel
NSP Proeram
Locatimr/Address
talus
1•,nd Usc and
llisnosifioo
IDti
National
Objective
Dute
NSP3
4476 2TSL $.�,
acanr
Sinete Pan�i�
1 31(201
lot
wnersbi
_ L�_�_T
NSP3
458y,_30' Ave
Vacant
Single Familt�
12(31l2014
S.W
_lot
Ownershin
I MHl
._._..
NSP3 �
__
1948 45 Terr. �
_
vacant
Single Family
_ _
12/31/201
S.W.
lot
Ownership
LMMH
_
NSP3
_
3018 52"_St SyN.
Vacant
Si❑ele PamtlX
_
12131/2014
lot
Ownership
LM
APPENDIX 2
Land Ilanldna Authority
Snnunary oi' Collfer County NSP3 Plnn and lleveloner Agreement with Habitat for
Humanity
NSP3 Action Plan, Collier County
TI�e Collier Coon 1VSg3_,tletionFlan includes a Land Annk Strategy_with
!_ogether under a Developer AgreomenL A�such. Habitat holds title to the nro er ies it�at we
acquired by the County, cleared of b ighte� shuctures before deeding them to Habitat.
NSP3 llevel•�er Agreement, Collfer County and Habitat far Humanity of Collier County
The initial,eereemenl was executed on �{-�2 fa_�,495 749 for 27.homes, Under this
nereameut. Ifnbilat was responsible, for the ac wg sitioir.proce�as well as demolition, 'fltere were
3 a�nei tjtnettls In.ILigA�},eemeitt,
Other rovisinns of the A rcmnent include:
The maxin�m SP rettttbur�enten. t per in t_i�150 000
2�0 of Ilre font lug received would be.allocat�d,to ineetina the I�w income set aside
Flabitef,r�t c receive u�0 OUO developer fee pei_untt, 50% uavattieupon ae a sil,iun
and 50% payable ttpn�sale tp an eligible buvet
The develo�ter is responsible fqr �cquii_inga�proxiptately 30 tint s and conduclitq;
demnlitLi as itearled
9�Page
Habitat may retain all project proceeds
Long term aCFyrdability is the minimum m'ovided hY.the_NSP statute
Amendment1 (1/8/13) revised the target areas
mend en 2 2L12113 ncreased units frotn 27 to 30, added approximately 5 tutils to
Land Banking and dontolilion is needed and added as eligible beneficiary middle
income households.
Amendment 3 (7/9/1lajpereased units to approximately 3q, Tdjusled the aieement
amou to allow for pro ram income allocations to the Developer,
APPENllIX 3
NSP Statutory and Irunlementiug Citations
N4P I and Bank Bnckgroand Information tllnified NSP Notice- 75 CR 64322)
NSY Defirlliau o(LmulBnnk
A land hack is a go_v_ernmental or uongover•nmentalHonprofit
entity
established,
at feast
in
Hart, to
assemble, tentpormil�manave and dispose
of vacant lend for
the purpose of stabilizing
neighborhoods and encouraging
re -use or
redevelopment of urhan
property. For lice purposes of
the NSP. a Ind brie wilt
l operate in
a specific defined geUcaphip
area. it will purchase
properties that have been
abandoned or
foreclosed upon and
maintain, assemble, facilitate
redevelopment of market,
and dispose
of the land-bankedropetties
If the land bank is a
governmental entity, it may
also maintain
abandoned or foreclosed
property that it does not own
provided it charges the owner of.the property
the full cost of the
service or places a lien ou the
ro erty for tito fur I cost of the_service
BltklGle Uses (/Iarsine and Economic Recovet•y Act) nnr! NSP Clnseottt IVolice fNoy. 27, 21112
200 PR 707991
• '�itchase and rehabilitate homes and residential properties that have peen abandoned or
foreclosed u ton to sell rent ctr redevelop such (tomes ands cities
• Establish laud banhs for homes and residential properties that have been foreclosed
ultoti
• L)etnolish bii hg fed sd•uctmes
• Redevelop demolished or vacant RILe-iies
A.
B•
10�hacJc �^
inclut es mainteiutu amni Yj cilitatiag the redevelopment of and marketine t f
land banked properties. NSP funds may be used for basic, reasotlable mabitenance
iptended to stabilize the uropert_y_.)
NSP Nadmtal Obicctives
a icable na Tonal objectives.
NSP Closeout Notice -Federal ReeisterLNovember 27, 2012 (288 rR 707)9)
'�ro!?ram Land BaCrks m'e addressed in several parts of the Closeout Notre
TA.2. T a CJnifle NSP Notice was amended to require that gantees report at least annuall�on
tIC disposition of land bank properties.
(I) get ned by a local government ot�not�rofit entity and identified under a Consolidated
Plan approved liUA for a CABG elieible uublic im rovemenf such as darks, o eg n
space or flood contrr
(2) Owned by a cotmnuni land tgust to create a ndable housir
(3) Transferred to and committed for any outer use itt.the annual Action Plat s_ btt�ect tc all
CI )BO regulations and no louaet au it of lhei S,Pprorram
(4) Designated for nffgrdable housine in aceprdance with HERA and under develo meat by
neligible d_eveto mgni eutil whicl> as cotdrol of the site and has expended
g,_edevelonment fund•
(5} fnclwded in a redevelopment flan that has been approved by he local&ovornine body,
ILA.2 2 (c);, A_py_NSP assiste ; n 1 bank pQperties romaining_in the land bank lea yearsrs (ter
11�t'a0e �%
r-�
Date: July 17, 2013
To: Geoffrey Magon, Grants Coordinator
Housing, Human & Veteran Services Department
From: Teresa Cannon, Deputy Clexk
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.
Tf you have any questions, please contact me at 252-841 L
Thank you.
Attaclunent
NEIGHBORROOD STABILIZATION PROGRAM 3
AMENDMENT NO, 3 TO DEVELOPER AGREEMENT BETWEEN COLLIER
COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
CFDA: 14,218
THIS AMENDMENT, made and entered into on (his Aday 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 594834379, (d/b/a/ Habitat for Humanity),
authorized to do business in the State of Florida, whose business address is 11145
Tamiami "frail 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-1 IIJN-12-0003
In order to coutinue the services provided for in the original Agreement document
referenced above, the parties agree to amend the Agreement as follows:
Words Stn+:}ek Through are deleted; Words Underlined are added:
(Dollar amounts have original underlines)
WTTNESSETII:
!I. 'i'erms and Condifions of fhe handing
A. Funding Amormt — NSP-3 Fuuds in the amount of Ttuee Million Four Hundred
Ninety Five Thousand Seven Hundred Fortv Nine and 001100 Dollars ($3,495 749
are obligated for use in compliance with this agreement. The County will require
Three.
Hundred Eighty -Fight Thousand and 001100 Dollars ($388.000} of the miginat
allocation to be rehurned to the County by Habitat for Humanity fi'om the nroceeds of
sale of NSP3 properties The County will award the program income senerated 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
00/100/100 Dollars ($40,000} are obligated from NSPI for the purpose of paving
develo er fees associated with this amendment as reflected in the budget in Exhibit
A.
2. Approved budget —The approved budget is attached to this agreement as
Exhibit B, Tt is understood and agreed that fends 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 how Income
Set Aside allocation of $97-"4- $1,078tO424 Should the Developer determine
that the reallocation is necessary, a prior notification and written approval shall F
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 shaft 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 fiords 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 11,078,012. 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.
® IMiddle tncome — 81% to 120% of Area Median �73$008
Income I v Ilk 0(
® Moderate hlcome — 5l% to 80% of Area Median 4-70�
Income $14397,707
® I Low Income —less than 50% of Area Median $97-I;042
( Income T1.078.0L
® Acquisition 34 38 abandoned oc foreclosed single-
famil ro erties
❑ Rehabilitati(n/reconstruction # acquired abandoned or foreclosed
❑ New construction # vacant properties
❑ Land Banking 5 vacant ro erties
❑ 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 $974-,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, Q j
Reallocations above $25,000 between income categories will require prior Grantee
To ensure compliance with the NSP LH25 Requirement, DEVELOPER shall ensure that
)lie Million Seventy Light Thousand Forty Two and 00/100 Dollars (I 078 042) Nine
lkutd.cEyenH Onz Fltot+sand Fptpy Twe attd 00/480 D 971,042) be expended
to comply with the Ll-I25 Requirement.
PXIIIBIT A-2. llisbursemeut
GENERAL
Developer shall invest its own funds to complete the rehabilitation m 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
bDyer 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 Thoasand 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
I-iundred Seventy Thousand and 00/100 Doltars ($270,000) From NSP3 fiords, and Forty
Thousand (140,000) from NSP1 fiords for a total of Tlu'ee Hundred Ten Thousand and
00/100 Dollars ($310.000); t#i fllese 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,
enter}nt_ila ; 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
Twentv 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) Irom the program income generated by the
NSP3 grant This awarded amount is ¢enerated fiom the
proceeds of the sale of NSP3
1140 Ity having been orit ina11Y been t'eturned to the County
The awarded funds will be
used nd additional reimbursement to the Developer for
the actual cost of acuutstlrou.
This amount represents a cumulative of reimbwsements paid for eaclt of the propea-ues
acquired through this agt'eentent.
);XHIBCTB, Budget
GENERAL
Developer will be provided NSP-3 funding by the Grantee for the purpose of acquiring
eligible properties for final disposition to NSl'-eligible persons or families, including CA
payment of developer fees.
approval.
The DEVELOPER shall retain any net proceeds of sales, after the payment of al(
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-eligibte
activities..
❑ 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
returnpt 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 pxograrn income for acquisition of additional NSP3
property,
EXTICBIT A. Project Description
A, GENERAL
Developer will be provided NSP-3 funds in the amount of Tlnee Million Four Hundred
Ninety Five Thousand Seven Hundred Forty Nine and 00/100 Dollars
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 xequired
>i;^�rq Eight Thousand and
to return to the County an
00/100 Dollars ($388 000) Isom
amount of TJvice
the sale of NSP3 properties
Hundred
December 31 2013 Such proceeds from the sale of propertX
by the Developer
shall
upon receipt by the County
he considered Program Income.
Proceeds received
from the
Developer will be returned
back into Co)]ier County's NSP3
program and be considered
program income upon receipt
The Developer will be awarded the $388 000 in
program
incmne for the pruroose of acquiring additional properties for the NSP3 mouram.
E. ELIGIBLE INCOME LEVELS OF BUYERS
NSP-assisted property subject to the Agreement shall be used with respect to individuals
and families whose income does not exceed 120 percent of area median income•
However, not less than twenty-five (25) percent of the funds expended by Grantee in
acquiring the properties subject to this Agreement shall be used to house individuals or
families whose income do not exceed 50 percent of the area median income ("LH25
Requirement"),
Pt-
BUDGET
Grantee shall pay Developer a Ten Thousand and 00(100 Dollars ($ I0,000) developer fee
for each of the properties acquired through this Agreement. The maximum combined
developer fee paid by Grantee to Developer tl"ugh this Agreement shall be Twe
T� ^d-8g/}.gg�ellR,T�Q"" "" Three Hundred Ten Thousand
FdundrQd-�Sev �„� �«.' ����
001100 Dollars ($3 [0,000); 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 Iimtdred Fiftv Thousand and 00/100
Dollars ($150,000) for each property acquired through this Agreement, artless -a higker
a+no�yd tn-wt4tittg byfireantee 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 Fort�Nine and 00/100 Dollars ($3,225,749);
NSP3 grant This awarded amount is generated fi•om the oroceeds of the sale of NSP3
property having been orieinally 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
O, final Award Ae uisition & Develo er Fee
$3,495,749A0
NSP3 Pro re am Income awarded Generated from proceeds
$388 000 00
returned to the Count
Additional Develo er Fee's for NSP3 activities aid b NSPI
40 000,00
Final Total Awarded to Habitat
$3 923 74%00
INCOME TARGETING
Funds associated with this Agreement shall be ex ep nded spent within the following
income targets,
Line Item
Amount
Count Administration
$388,416
Habitat for
Humanit Develo per Fee
$270,000
Additional
IdFH Developer Fee
_'40 000
Low -Income Set Aside (50% AMI)
1 078 042
51 % AMI
- 80% AMI
$1 504�707
1 397 707
91% AMI
- 120%AMI
$750,000
81%AMI
- 120%AMI I Generated
388 000
TO'T'AL
4 312 165
It is understood and agreed that funds will be used according to the approved budget.
Developer has [he authority to reallocate $25,000 per income category, but shalt not
expend less than the Low Income Set Aside allocation of $1A78,042. 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 HIAVS, Reallocations
above $25,000 between income categories will require prior Grantee approval,
IN WITNESS W}IEREOF5 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.
Al"PEST:
Dwigli4 P, I3rb*, Cleric of Courts
BOARD OF COUNTY COMMISSIONERS
COZ'al
CY, FLORIDA
— By:
er, Esq, Chairwoman,
1-Sabitat for Humanity of Collier County, lnc,
A Florida not -for -profit corporation
By:
'/- r
Print: 'el LJ1
Title:_F (/
Approved as to fo'[n and legality:
,
Jennifer A. Belpepedio �
Assistant County Attorney
Cc�
MEMORANDUIVI
Date: July 17, 2013
To: Geoffrey Magon, Chants Coordinator
Housing, Human & Veteran Services Department
From: Teresa Cannon, Deputy Cledc
Minutes and Records Department
Re: NSP 3 Amendment to Developer Agreement wlHabitat 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.
Attaclunent
AMENDMENT NO.2 TO AGREEMENT FOR THE
NEIGHBORHOOD STABILIZATION PROGRAM 3
CFDA: 14,218
DEVELOPER AGREEMENT BETWEEN
COLLIER COUNTY
AND
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
(NSP-3)
THIS AMENDMENT is made and entered into on this I.? day of 5-a._ 2013, by and between
Collier County, a political subdivision of the State of Florida, having its principal office at 3299
Tamiami Trail East, Naples, Florida 34112 (hereinafter called the "GRANTEE") and Habitat for
Humanity of Collier County, Inc„ a private not -for -profit corporation, existing under the laws of the
State of Florida, having its principal office at 11145 Tamiami Trail East, Naples, Florida 34113
(hereinafter called the "DEVELOPER") to undertake the Neighborhood Stabilization Program ("NSP-
3") as approved by the Collier County Board of County Commissioners.
Statement of Underatattding
RE; Neighborhood Stabilization Program 3 B-11UN-12-0003
In order to continue the services provided for in the original Agreement document referenced above,
the Developer agrees to amend the Agreement as follows;
TAT
ot•ds utruele Through are deleted; Words Underlined are added:
(Dollar amounts have original underlines)
WITNESSETH:
II. Terms and Conditions of the Funding
B. Use of Funds - NSP-3 funds obligated under this agreement may be used as follows:
* * It
2. Eligible Activities -Funds may be used for the NSP-3 eligible activities that are checked below,
The number of properties listed is a inrrtimu�t goal and is not intended to provide a limit on the
number of properties that may be acquired through this Agreement, as funding permits:
® Acquisition 30 2-7 abandoned or foreclosed
single-fam%ly properties
❑ Rehabilitation/reconstruction # _acquired abandoned or
foreclosed
❑ New construction # vacant properties
f
® Land Banking
5 vacant properties
Demolition As needed and approved by the
Count .
t * �
3. Eligible Properties - Properties must meet the Following conditions to Ue considered
eligible under this Agreement:
d, Must otherwise be in suitable locations fox marketing and resale to low-, ar�d
moderate and middle income homebuyers,
V, Disbursement of Funds
nips
A k
IN 'WITNESS WHEREOF, the Grantee and the Developer, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Second Witness
1 Type/print witness name
OF COUNTY COMMISSIONERS
GOUY, FLORIDA
Bsq.
Chairwoman
IIabitat for Ilumanity of Collier County, Inc,
A Florida not -for -profit corporation
By,.,
Wk J. ICouloheras
Executive Vice President
Approved as to form and legal suflicieucy:
Jennifer B. White
Assistant County Attorney Ui
\�1
2'
RECEIVED
MEMORANDUM
i++
Date: January 14, 2013
To; Barbetta Hutchinson, Operations Coordinator
Housing, Human & Veteran Services
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Developer Agreement w/Habitat for Humanity of Collier County,
Inc.
Attached for your records is a certified copy of the Agreement referenced above,
(Item #16D4) adopted by the Board of County Commissioners on Tuesday,
January 8, 2013.
]f you have any questions, please feel free to contact ine at 252-8411.
Thank you.
Attaclunent
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Cler.z of Courts in and for the
Twentieth judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
Neighborhood Stabilization Program 3
Amendment #1 to Developer Agreement with Habitat for Humanity of
Collier County, Inc.
Agenda Item from the January 8, 2013, BCC Meeting
Item #16D4
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of January, 2013.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Bo.ard.of
County Commissioners
Teresa ' annQn;',.;.
Deputy],
,Clerk:
NEIGHBORHOOD STABILIZATION PROGRAM 3
AMENDMENT NO.1 TO DEVELOPER AGREEMENT BETWEEN COLLIER
COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
CFDA: 14.218
THIS AMENDMENT, made and entered into on this��day of January 2013, to the
for Humanity of Collier County, Inc, E1N 59-1834379, (dPo/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-] 1UN-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 Sttllele Through me deloted; Words Underlined are added:
(Dollar amounts have original underlines)
WITNESSETH:
ERHIBIT A. Project Description
A. GENERAL
Developer will be provided NSP-3 funds in the amount of Three Ivlillion Four
Hundred Ninety Five Thousand Saven Hundred Fortv Nine and 00%l00 Dollars
(R495.749L Such funds will be used to acquire and land bank eligible properties in
the Grantees eligible target areas and to pay associated developer fees.
B. ELIGIBLE TARGET AREAS
Properties shall only be acquired in the target areas approved by the GRANTEE and
described in the GRANTEE's NSP-3 action plan. Specifically, DEVELOPER may
acquire properties in any of the following target areas:
Tar•eet Area One. —Golden Gate City (HUD Nei¢lrborhood ID 1108764
o
1 1�
-• D 12021923012630001041OUl
o -.11) 12021923012630001041OU2
o GeolD 12021923012630001041OU3
0104.0
■ 120919P100,6490010409ul
• , Census Tract 0104.19
o , GeolD 12021010419
• Census Tract 0104,20
o . GeoID 12021010420
—G ensus Tlact 01041.-1—
o GeoID 120219230126300010411U1
o GeoID 120219230126300010411U2
o GeoID 120219230126300010411U3
o GeoID 120219230126300010411R3
o GeoID 120219230126300010411RI
Census
Tract 0107.01
o
GeoID
120219230199999010701U4
o
GeoID
120219230199999010701
U I
o
GeoID
120219230199999010701U2
o
GeoID
120219230199999010701U3
o
GeoID
120219230199999010701R2
IN WITNESS WHEREOF, the GRANTEF, and DEVEi,OPER, have each, respectively,
by an authorized person or agent, hereunder set their hands and seals on the date and year
first above writteh.,.
ATTEST"
Dwi4)i Brock; de4k %lVcourts
II EiDK AC
(S) AL Aest at to cmimm
i haLur etas r
al2-4 /
FirstAVitness
TType/print witness name
COUNTY COMMISSIONERS
iIN TY(1' LORIDA
By: V
Geoff a A.
Chairwoman
Habitat for Humanity of Collier County, lnc.
A Florida not -for -profit corporation
Print:�—
fitle /; li
Approved as to form and legal sufficiency:
Jeimitel B• White \t�_
Assistant County Attorney (pvr wN
STABILIZATION PROGRAM 3
EIGHTH AMENDMENT TO DEVELOPER AGREEMENT BETWEEN COLLIER COUNTY
AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
CFDA: 14.218
THIS AMENDMENT, made and entered into on this _ day of 2020, to the subject agreement
shall be by and between the parties to the original Agreement, Habitat for Humanity of Collier County, Inc,
(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 Struele Through are deleted; Words Underlined are added:
(Dollar amounts have original underlines)
WITNESSETH:
WHEREAS, the GRANTEE is the recipient of Neighborhood Stabilization Program Funds from
the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, the DEVELOPER has submitted a letter of intent, dated December 2, 2011 and
incorporated herein by reference, ruse of funds ran NSP-3-eligible PROJECT;
WHEREAS, an Agreement with Habitat for Humanity was executed on April 24°i, 2012; and
WHEREAS, Amendment Number 1 was signed on January 8°i, 2013 (16.D.4) to revise Eligible
Target Areas; and
06J
WHEREAS, Amendment Number 2 was executed on February 12"i, 2013 (16.D.3) to clarify
Eligible Activities; and
WHEREAS, Amendment Number 3 was executed on July 9'^, 2013 (16.D.1) which outlined now
funds were to be expend; and
WHEREAS, Amendment Number 4 was executed on March 11'h, 2014 (16.D.7) which set
deadlines for expenditures; and
WHEREAS, Amendment Number 5 was executed on June 24'h, 2014 (16.D.5) that gave guidance
for appraisals; and
WHEREAS, Amendment Number 6, was executed on November 10'h, 2015 (11.B) which clarified
affordabiIity restrictions; and
WHEREAS, Amendment Number 7 was executed on June 13'�', 2017 (11,B) awarding additional
funds to Developer: and
WHEREAS, the Parties desire to amend the agreement to recognize and allocate recaptured funding
and revise Exhibit A; and
NOW, THEREFORE in consideration of the mutual covenants and obligations herein contained,
including the Attachments, and subject to the terms and conditions hereinafter stated, the parties hereto
understand and agree as follows:
I. Definitions
Unless specifically provided otherwise or the context otherwise requires, when used in this Agreement:
"Abandoned" refers to homes or residential properties that either a) mortgage, tribal leasehold, or
tax payments are
at least 90.days
delinquent, or
b) a code
enforcement inspection has
determined
that the properly
is not habitable
and the owner
has taken
no correction actions within
90 days of
notification of the deficiencies, or c) the property is subject to a court -ordered receivership or
nuisance abatement related to abandonment pursuant to state or local law or otherwise meets a state
definition of an abandoned home or residential property.
2. "Appraisal" means an appraisal which meets the criteria specified in the Uniform Relocation
Assistance and Real Property Acquisition Policies Act ("URA"), as further defined in 49 CFR
24,103,
3. "Blighted structure" means a structure that exhibits objectively determinable signs of deterioration
sufficient
to
constitute a threat to human health,
safety,
and public welfare as more particularly
described
in
Section 163.340(8), Florida Statutes.
4. "CDBG Act" means the Housing and Community Development Act of 1974, Pub. L. No. 93-383,
as amended. Unless otherwise noted in the Housing and Economic Recovery Act ("HERA"), as
amended, and the alternative requirements in the NSP-3 Notices, NSP-3 is governed by the CDBG
regulations.
5. "Current market appraised value" means the value of a property that is established through an
appraisal made in conformity with either: 1) the appraisal requirement of the URA at 49 CFR
24.103, or 2) the Uniform Standards of Professional Appraisal Practice ("USPAP"), or 3) the
appraisal requirements of the Federal Housing Administration ("FHA") or a government sponsored
enterprise ("GSE"); and the appraisal must be completed or updated within 60 days of a final offer
made for the property by a grantee, subrecipient, developer, or individual buyer. However, if the
anticipated value of the proposed acquisition is estimated at $25,000 or less, the current market
appraised value of the property may be established by a valuation of the property that is based on
a review of available data and is made by a person the grantee determines is qualified to make the
valuation.
6. "Deed in Lieu of Foreclosure" is a deed instrument in which a mortgagor (the borrower) convey
all interest in a real property to the mortgagee (the lender) to satisfy a loan that is in default and
avoid foreclosure proceedings.
6-7 "Eligible Costs"
means costs for the
activities
specified in
Exhibit
A
of this Agreement for which
NSP-3 funds are
budgeted, provided
that such
costs (i) are
incurred
in
connection with any activity
which is eligible under HERA and Section 1 OSA of Title I of the CDBG Act, and (ii) conform to
all NSP-3 requirements.
� 8
"Environmental Requirements"
means the requirements described
in 24 CFR Part 58.
8 9
"Foreclosed" refers to a home or residential property if any of the
following conditions apply: (a)
the property's current delinquency status is at least 60 days delinquent under the Mortgage Bankers
of America delinquency calculation and the owner has been notified; (b) the property owner is 90
days or more delinquent on tax payments; (c) under state, local, or tribal law, foreclosure
proceedings have been initiated or completed; or (d) foreclosure proceedings have been completed
and title has been transferred to an intermediary aggregator or servicer that is not an NSP-3 grantee,
contractor, subrecipient, developer, or end user.
910
"HERA" means the Neighborhood Stabilization Program ("NSP-3") found in Title III of Division
B of the Housing and Economic Recovery Act of 2008, as amended.
4&11
"HUD" means the United States Department of Housing and Urban Development.
P-12
"Land bank" means a governmental or nongovernmental nonprofit entity established, at least in
part, to assemble, temporarily manage, and dispose of vacant land for the purpose of stabilizing
neighborhoods and encouraging re -use or redevelopment of urban property. For the purposes of the
NSP-3, a land bank will operate in a specific, defined geographic area. It will purchase properties
that have been abandoned or foreclosed upon and maintain, assemble, facilitate redevelopment of,
market, and dispose of the land -banked properties. If the land bank is a governmental entity, it may
also maintain abandoned or foreclosed property that it does not own, provided it charges the owner
of the property the full cost of the service or places a lien on the property for the full cost of the
service.
413
"LMMP' is a HUD -defined term incorporating households with eligible incomes (at or below 120%
of area median, based on household size and county), including low-, moderate-, and middle -
income, in referring to the national objective of the CDBG program.
4-14
"Low -Income Set -Aside" refers to the HERA requirement that not less than 25 percent of the funds
NSP-3 funds to the GRANTEE shall be used for the purchase and redevelopment of abandoned or
foreclosed upon homes or residential properties that will provide permanent housing to individuals
or families whose incomes do not exceed 50 percent of area median income.
34-15
"NSP-3 Notice" refers to the alternative requirements for NSP-3 issued by HUD in the Federal
Register on October 6, 2008, as modified in the Bridge Notice issued on June 19, 2009, and the
Unified Notice issued on October 19, 2010.
1-5-16
"NSP-3 Funds" mean those funds to be provided by the GRANTEE pursuant to the terms of this
Agreement, as specified in Section II of this Agreement.
�6 17
"Program Income" means the NSP-3 portion of any proceeds received by the EVELOPER and
repaid to the GRANTEE.
1-7 18
"PROJECT" means the activities described in Exhibit A of this Agreement which are to be carried
out to meet the objectives of the NSP-3.
18 19
"Purchase Discount' means the minimum discount percentage from the current market- appraised
value under which a property may be purchased. Under HUD Notice FR-5255-N-02, the purchase
discount for NSP-3 is at least 1 percent from the current market -appraised value of the home or
property."
4-9 20 "Vacant properties" includes both vacant land and properties with vacant structures on the land.
II. Terms and Conditions of the Funding
A. Funding Amount — NSP3 Funds in the amount of Four Million Ninety -Nine Thousand Forty -Two
and 00/100 Dollars ($4,099,042) are obligated for use in compliance with this agreement. The
County will require Three Hundred Eight -Eight Thousand and 00/100 Dollars ($388,000) of the
original allocation 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 NSP 1 for the
purpose of paying developer fees associated with this amendment, as reflected in the budget in
Exhibit B.
Collier County has received One Hundred Twenty -Six Thousand and Ninety -Nine Dollars and
00/100 ($126,099) in recaptured funds from the Developer. This Agreement will allocate the
recaptured funds to Habitat for Humanity to acquire a foreclosed, abandoned, vacant, or deed in
lieu of foreclosure property. This action will allow the replacement of the non -complaint property,
B. Use of Funds —NSP3-funds obligated under this agreement may be used as follows:
2. Eligible Activities —Funds may be used for the NSP3 eligible activities that are checked below.
The number of properties listed is a minimum, and is not intended to provide a limit on the number
of properties that may be acquired through this Agreement:
® Acquisition 32, abandoned, foreclosed, vacant or deed in lieu of
foreclosure
3. Eligible Properties — Properties must meet the following conditions to be considered eligible
under this Agreement:
f. Must be eligible for acquisition under NSP3 as foreclosed, abandoned, vacant or deed in
lieu of foreclosure
D.
Deadlines —Timely completion of the work specified in this agreement is an integral and essential
part of performance. The NSP-3 funds are subject to Federal deadlines and failure to comply could
result in the loss of the Federal funds. By the acceptance and execution of this agreement, it is
understood and agreed by the DEVELOPER that the PROJECT will be completed as expeditiously
as possible and that the DEVELOPER will make every effort to ensure that the project will proceed
and will not be delayed. Failure to meet these deadlines can result in cancellation of this contract
and the revocation ofNSP-3 funds.
Project Expenditure Deadlines —All project activities and all expenditures of NSP-3 funds
must be completed by December 31, 2021 If checked the additional deadlines apply to project
expenditures:
® 50% of NSP-3 funds expended and drawn 03/11/2013
by
® 100% ofNSP-3 funds expended and drawn 03/11/2014
® 100% of NSP-3 Program Income in the OS/23/2018
amount of $215,293 expended and drawn
® 100% of NSP-3 recaptured funds expended 12/31 /2021
OVO
EXHIBIT A. Project Description
A. GENERAL
Developer will be provided NSP -I funds in the amount of Forty Thousand and 00/100 ($405000) for
developer fees paid in 2014 and NSP-3 funds in the amount of Four Million Ninety -Nine Thousand
Forty -Two and 00/100 Dollars ($4,099,042). Such funds will be used to acquire a foreclosed
abandoned, vacant or a deed in lieu of foreclosure property -eligible in the Grantees eligible
target, areas md to pay asseeiated develepeF fee .
B. ELIGIBLE TARGET AREAS
Properties shall only be acquired in the target areas approved by the GRANTEE and described in the
GRANTEE'S NSP-3 action plan. Specifically, DEVELOPER may acquire properties in any of the
following target areas:
. A me
... ., .
— — . . . ..A ., I
. ., I
_
WV W
. ..
.. . . . ...... .
.
. .
Target
Area #
1:
The
five (5) Opportunity Zones
in Collier
County as designated
by the
State of
Florida
Target
Area #2:
All other eligible low -mod income census tracts in Collier County,
including tracts:
102,10,
103,00,
104.01, 104.09, 104,10, 104.11,
104,19, 104,201 105,05, 105,06,
105,071 105 08,
105,091
106*01,
106,021 t06,04, 107.01, 108,02,
112.01, 112.02, 112,04, 112.05, 113.01,
& 114 00,
C.
ELIGIBLE
ACTIVITIES
The
following activities are eligible under this
Agreement and are more thoroughly
described in the
NSP Notice.
NSP Eligible Use (A) Establish financing mechanism for purchase and redevelopment of
foreclosed and deed in lieu of foreclosure homes and residential properties, including such mechanisms
as soft seconds, loan loss reserves, and shared -equity loans for low -and moderate -income homebuyers.
EXHIBIT A. Project Description
A. GENERAL
Developer will be provided NSP -1 funds in the amount of Forty Thousand and 00/100 ($40,000)for
developer fees paid in 2014 and NSP-3 funds in the amount of Four Million Ninety -Nine Thousand
Forty -Two and 00/100 Dollars ($4,099,042). Such funds will be used to acquire eligible properties in
the Grantees eligible target areas and to pay associated developer fees.
Collier County has received One Hundred Twent�Six Thousand and Ninety -Nine Dollars and 00/100
($126,099) in recaptured funds from the Developer. This Agreement will allocate the recaptured funds to
Habitat for Humanity to acquire a foreclosed, abandoned, vacant, or deed in lieu of foreclosure prone
This action will allow the replacement of the non -complaint property.
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. u,...,,,yer, not less ti,,.., t.. en.
Fye (25) percent of the funds expended H. Gram., in asquiFing the p..e e4-t es jeet to «i.:.. Ag, eejiient
neomo t«r u25
o ensure eornplianee with the NSP L1125 Requirement, DEVELOPER shall ensure that One.Million
I'✓XHIBIT A-2. Disbursement
AMOUNT
Grantee shall pay Developer a Ten Thousand and 00/100 Dollars ($10,000) developer fee for each of the
properties acquired through 2014 and $0.00 for those properties acquired in 2017 and thereafter 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 NSP 3 Funds, and ($40,000)
Forty Thousand and 00/100 from NSP 1 funds for a total of Three Hundred Ten Thousand and 00/100
Dollars ($310,000); this amount represents a cumulative of developer fees paid for each of the properties
acquired through this Agreement prior to 2017.
Grantee shall reimburse Developer a tnaxitnum One Hundred Fifty Thousand and 00/100 Dollars
($ I SQ000) for each property acquired through 2014 and no more than Two Hundred Fifteen Thousand Two
Hundred and Ninety Three and 00/100 Dollars ($215,293) for all properties acquired in 2017 and thereafter
under this Agreement; however, such reimbursed amount may not exceed the actual cost of acquisition.
The maximum combined reimbursement paid by Grantee to Developer through this Agreement shall be
Four Million Ninety -Nine Thousand Forty -Two Dollars and 00/100 ($4,099,042) this amount represents a
cumulative of reimbursements paid for each of the properties acquired through this agreement.
Collier County has received One Hundred Twenty -Six and Ninety -Nine Dollars and 00/100 ($126,099�in
recaptured funds from Habitat for Humanity, the Developer. This Agreement will allocate the recaptured
funds to Habitat for Humanity to acquire a foreclosed, abandoned, vacant, or deed in lieu of foreclosure
property. This action will allow the replacement of the non -complaint property.
METHOD OF PAYMENT
Grantee shall reimburse Developer a maximum One Hundred Fifty Thousand and 00l100 Dollars
($150,000) for each property acquired through this Agreement for those acquired through 2014 and Two
Hundred Fifteen Thousand Two Hundred Ninety Three and 00/100 Dollars ($215,293) through 2017; One
Hundred Twenty Six Thousand and Ninety Nine Dollars and 00/100, for those acquired through December
2021; however, such reimbursed amount may not exceed the actual cost of acquisition. To secure payment
following acquisition, Developer shall submit to Grantee the following supporting materials in a format
acceptable to Grantee:
1. Sales Contract/Addendums (executed by both parties)
2. Title Commitment
3. Preliminary Closing Disclosure (unsigned)
4. Warranty Deed
5. HUD-1 Settlement Statement
6. Proof of funds transfer
a. i.e. evidence of wire transfers
7. Bank account statements detailing funds transfer
8. Appraisal
9. Property Insurance Binder
]0. Attestation form to be provided by Grantee
11. Land Use Restriction Agreement
12. Certificate of Occupancy (CO)
13. Sweat Equity Agreement
14. Income Certification
15. Wire Instructions
16. Home Buyers Education Certificate
To secure wire transfer the Developer shall submit those documents listed above;
Grantee shall pay Developer one-half ($5,000 of a total per property developer fee of $10,000) of the
developer fee per property upon acquisition of such property and one-half ($5,000 of a total per property
developer fee of $10,000) at final sale to an income -eligible person or household for those properties
acquired through 2014 and no developer fee shall be paid for those properties acquired from 2017 and
thereafter.
The Developer understands that $215,293 added to the agreement in 2017 is subject to recapture by HUD
at any given time. In the event that the Developer has placed a contract on a property/ies and there are no
funds available to the Grantee at the time of wire that the Developer is solely responsible to the seller and
the Grantee is not subject to any payment to the seller or the Developer.
The Developer understands that $126,099 added to the agreement in 2017 is subject to recapture by H[JD
at any given time. In the event that the Developer has placed a contract on a property and there are no funds
available to the Grantee at the time of wire that the Developer is solely responsible to the seller and the
Grantee is not subject to any payment to the seller or the Developer,
I:,XHIBIT B. Budget
BUDGET
Grantee shall pay Developer).a Ten Thousand and 00/100 Dollars ($] 0,000) developer fee for each of the
properties acquired through this Agreement for those properties acquired through 2014 and no developer
fee $0.00 shall be paid for those properties acquired from 2017 and thereafter. The maximum combined
developer fee paid by Grantee to Developer through this Agreement shall be Three Hundred Thousand and
00/100 Dollars ($300,000) 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 2014 and Two Hundred Fifteen Thousand Two Hundred
Ninety Three and 00/100 Dollars ($215,293) for all propelties acquired in 2017 and thereafter under this
Agreement; however, such reimbursed amount may not exceed the actual cost of acquisition. The
maximum combined reimbursement paid by Grantee to Developer through this Agreement shall be Forty
Thousand and 00/100 ($40,000) for developer fees paid in 2014 from NSP -I and Four Million Ninety
Nine Thousand and Forty Two and 00/100 Dollars ($4,099,042) from NSP-3.; this amount represents a
cumulative of reimbursements paid for each of the properties acquired through this agreement.
Collier County has received One Hundred Twenty -Six Thousand and Ninety -Nine Dollars and 00/100
($126,099) in recaptured finds from Habitat for Humanity, the Developer. This Agreement will allocate
the recaptured funds to Habitat for Humanity to acquire a foreclosed, abandoned, vacant or deed in lieu of
foreclosure property. This action will allow the replacement of the non -complaint property.
Odj
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
Approved as to form and legality:
Jennifer B. Belpedio
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Butt L. Saunders
Chairman
Date:
Habitat for Humanity of Collier County, Inc.
A Florida not -for -profit corporation
By:
Print:
NEIGHBORHOOD STABILIZATION PROGRAM 3
EIGHTH AMENDMENT TO DEVELOPER AGREEMENT BETWEEN COLLIER COUNTY
AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
CFDA: 14.218
THIS AMENDMENT, made and entered into on this _ day of 2020, to the subject agreement
shall be by and between the parties to the original Agreement, Habitat for Humanity of Collier County, Inc,
(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-1 IUN-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 Spweh Through are deleted; Words Underlined are added:
(Dollar amounts have original underlines)
WITNESSETH:
WHEREAS, the GRANTEE is the recipient of Neighborhood Stabilization Program Funds from
the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, the DEVELOPER has submitted a letter of intent, dated December 2, 2011 and
incorporated herein by reference, for use of funds for an NSP-3-eligible PROJECT;
WHEREAS, an Agreement with Habitat for Humanity was executed on April 24ih, 2012; and
WHEREAS, Amendment Number 1 was signed on January 8°i, 2013 (16.D.4) to revise Eligible
Target Areas; and
OS
WHEREAS, Amendment Number 2 was executed on February 12"', 2013 (16.13.3) to clarify
Eligible Activities; and
WHEREAS, Amendment Number 3 was executed on July 91", 2013 (16.D.1) which outlined how
funds were to be expend; and
WHEREAS, Amendment Number 4 was executed on March I1", 2014 (16.13.7) which set
deadlines for expenditures; and
WHEREAS, Amendment Number 5 was executed on June 24"', 2014 (16.D.5) that gave guidance
for appraisals; and
WHEREAS, Amendment Number 6, was executed on November 10th, 2015 (11.13) which clarified
affordability restrictions; and
WHEREAS, Amendment Number 7 was executed on June 13"', 2017 (11.13) awarding additional
funds to Developer: and
WHEREAS, the Parties desire to amend the agreement to recognize and allocate recaptured funding
and revise Exhibit A; and
NOW, THEREFORE in consideration of the mutual covenants and obligations herein contained,
including the Attachments, and subject to the terms and conditions hereinafter stated, the parties hereto
understand and agree as follows:
1. Definitions
Unless specifically provided otherwise or the context otherwise requires, when used in this Agreement:
"Abandoned" refers to homes or residential properties that either a) mortgage, tribal leasehold, or
tax payments are at least 90 days delinquent, or b) a code enforcement inspection has determined
that the property is not habitable and the owner has taken no correction actions within 90 days of
notification of the deficiencies, or c) the property is subject to a court -ordered receivership or
nuisance abatement related to abandonment pursuant to state or local law or otherwise meets a state
definition of an abandoned home or residential property.
2. "Appraisal" means an appraisal which meets the criteria specified in the Uniform Relocation
Assistance and Real Property Acquisition Policies Act ("URA"), as further defined in 49 CFR
24.103.
3. `Blighted structure" means a structure that exhibits objectively determinable signs of deterioration
sufficient to constitute a threat to human health, safety, and public welfare as more particularly
described in Section 163.340(8), Florida Statutes.
4. "CDBG Act" means the Housing and Community Development Act of 1974, Pub. L. No. 93-383,
as amended. Unless otherwise noted in the Housing and Economic Recovery Act ("HERA"), as
amended, and the alternative requirements in the NSP-3 Notices, NSP-3 is governed by the CDBG
regulations.
5. "Current market appraised value" means the value of a property that is established through an
appraisal made in conformity with either: 1) the appraisal requirement of the URA at 49 CFR
24.103, or 2) the Uniform Standards of Professional Appraisal Practice ("USPAP"), or 3) the
appraisal requirements of the Federal Housing Administration ("FHA") or a government sponsored
enterprise ("GSE"); and the appraisal must be completed or updated within 60 days of a final offer
made for the property by a grantee, subrecipient, developer, or individual buyer. However, if the
anticipated value of the proposed acquisition is estimated at $25,000 or less, the current market
appraised value of the property may be established by a valuation of the property that is based on
a review of available data and is made by a person the grantee determines is qualified to make the
valuation.
6. "Deed in Lieu of Foreclosure" is a deed instrument in which a mortgagor (the borrower) conveys
all interest in a real propeity to the mortgagee (the lender) to satisfy a loan that is in default and
avoid foreclosure proceedings.
6-7 "Eligible Costs" means costs for the activities specified in Exhibit A of this Agreement for which
NSP-3 funds are budgeted, provided that such costs (i) are incurred in connection with any activity
which is eligible under HERA and Section 105A of Title I of the CDBG Act, and (ii) conform to
all NSP-3 requirements.
7 8 "Environmental Requirements" means the requirements described in 24 CFR Part 58.
99 "Foreclosed" refers to a home or residential property if any of the following conditions apply: (a)
the property's current delinquency status is at least 60 days delinquent under the Mortgage Bankers
of America delinquency calculation and the owner has been notified; (b) the property owner is 90
Opj
days or more delinquent on tax payments; (c) under state, local, or tribal law, foreclosure
proceedings have been initiated or completed; or (d) foreclosure proceedings have been completed
and title has been transferred to an intermediary aggregator or servicer that is not an NSP-3 grantee,
contractor, subrecipient, developer, or end user.
9 10 "HERA" means the Neighborhood Stabilization Program ("NSP-3") found in Title III of Division
B of the Housing and Economic Recovery Act of 2008, as amended.
40-1 1 "HUD" means the United States Department of Housing and Urban Development.
44-12 "Land bank" means a governmental or nongovernmental nonprofit entity established, at least in
part, to assemble, temporarily manage, and dispose of vacant land for the purpose of stabilizing
neighborhoods and encouraging re -use or redevelopment of urban property. For the purposes of the
NSP-3, a land bank will operate in a specific, defined geographic area. It will purchase properties
that have been abandoned or foreclosed upon and maintain, assemble, facilitate redevelopment of,
market, and dispose of the land -banked properties. If the land bank is a governmental entity, it may
also maintain abandoned or foreclosed property that it does not own, provided it charges the owner
of the property the full cost of the service or places a lien on the property for the full cost of the
service.
4-2 13 "LMMI" is a HUD -defined term incorporating households with eligible incomes (at or below 120%
of area median, based on household size and county), including low-, moderate-, and middle -
income, in referring to the national objective of the CDBG program.
4-3-14 "Low -Income Set -Aside" refers to the HERA requirement that not less than 25 percent of the funds
NSP-3 funds to the GRANTEE shall be used for the purchase and redevelopment of abandoned or
foreclosed upon homes or residential properties that will provide permanent housing to individuals
or families whose incomes do not exceed 50 percent of area median income.
44-15 "NSP-3 Notice" refers to the alternative requirements for NSP-3 issued by HUD in the Federal
Register on October 6, 2008, as modified in the Bridge Notice issued on June 19, 2009, and the
Unified Notice issued on October 19, 2010.
44-16 "NSP-3 Funds" mean those funds to be provided by the GRANTEE pursuant to the terms of this
Agreement, as specified in Section 11 of this Agreement.
4,6 17 "Program Income" means the NSP-3 portion of any proceeds received by the EVELOPER and
repaid to the GRANTEE.
4-7 18 "PROJECT" means the activities described in Exhibit A of this Agreement which are to be carried
out to meet the objectives of the NSP-3.
4-9 19 "Purchase Discount' means the minimum discount percentage from the current market- appraised
value under which a property maybe purchased. Under HUD Notice FR-5255—N42, the purchase
discount for NSP-3 is "at least 1 percent from the current market -appraised value of the home or
property."
4-9 20 "Vacant properties" includes both vacant land and properties with vacant structures on the land.
II. Terms and Conditions of the Funding
A. Funding Amount — NSP3 Funds in the amount of Four Million Ninety -Nine Thousand Forty -Two
and 00/100 Dollars ($4,099,042) are obligated for use in compliance with this agreement. The
County will require Three Hundred Eight -Eight Thousand and 00/100 Dollars ($388,000) of the
original allocation 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 001100 Dollars ($40,000) are obligated from NSP I for the
purpose of paying developer fees associated with this amendment, as reflected in the budget in
Exhibit B.
Collier County has received One Hundred Twenty -Six Thousand and Ninety -Nine Dollars and
00/100 ($126,099) in recaptured funds from the Developer. This Agreement will allocate the
recaptured funds to Habitat for Humanity to acquire a foreclosed, abandoned, vacant, or deed in
lieu of foreclosure property. This action will allow the replacement of the non -complaint proWay.
B. Use of Funds — NSP3- funds obligated under this agreement may be used as follows:
***************************************
2. Eligible Activities — Funds may be used for the NSP3 eligible activities that are checked below.
The number of properties listed is a minimum, and is not intended to provide a limit on the number
of properties that may be acquired through this Agreement:
® Acquisition 32, abandoned, foreclosed, vacant or deed in lieu of
foreclosure
3. Eligible Properties — Properties must meet the following conditions to be considered eligible
under this Agreement:
f. Must be eligible for acquisition under NSP3 as foreclosed, abandoned, vacant or deed in
lieu of foreclosure
##############################################
D. Deadlines — Timely completion of the work specified in this agreement is an integral and essential
part of performance. The NSP-3 funds are subject to Federal deadlines and failure to comply could
result in the loss of the Federal funds. By the acceptance and execution of this agreement, it is
understood and agreed by the DEVELOPER that the PROJECT will be completed as expeditiously
as possible and that the DEVELOPER will make every effort to ensure that the project will proceed
and will not be delayed. Failure to meet these deadlines can result in cancellation of this contract
and the revocation of NSP-3 funds.
Project Expenditure Deadlines — All project activities and all expenditures of NSP-3 funds
must be completed by December 31, 2021 If checked the additional deadlines apply to project
expenditures:
® 50% of NSP-3 funds expended and drawn 03/11/2013
by
® 100% ofNSP-3 funds expended and drawn 03/11/2014
® 100% of NSP-3 Program Income in the 05/23/2018
amount of $215,293 expended and drawn
® 100% of NSP-3recaptured funds expended 12/31/2021
##############################################
Ca)
EXHIBIT A. Project Description
A. GENERAL
Developer will be provided NSP -1 funds in the amount of Forty Thousand and 00/100 ($40,000) for
developer fees paid in 2014 and NSP-3 funds in the amount of Four Million Ninety -Nine Thousand
Forty -Two and 00/100 Dollars ($4,099,042). Such funds will be used to acquire a foreclosed,
abandoned, vacant or a deed in lieu of foreclosure property eligiblepreperty in the Grantees eligible
target. areas .
B. ELIGIBLE TARGET AREAS
Properties shall only be acquired in the target areas approved by the GRANTEE and described in the
GRANTEE's NSP-3 action plan. Specifically, DEVELOPER may acquire properties in any of the
following target areas:
Target Area # I: The five (5) Opportunity Zones in Collier County as designated by the State of Florida
Target Area #2• All other eligible low -mod income census tracts in Collier County, including tracts:
102.10, 103.00, 104.01, 104.09, 104.10, 104.11, 104.19, 104.20, 105.05, 105.06, 105.07, 105.08,
105.09, 106.01, 106,02, 106,04, 107.01, 108.02, 112.01, 1 12.02, 112.04, 112.05, 113.01. & 114.00.
C. ELIGIBLE ACTIVITIES
The following activities are eligible under this Agreement and are more thoroughly described in the
NSP Notice.
NSP Eligible Use (A) Establish financing mechanism for purchase and redevelopment of
foreclosed and deed in lieu of foreclosure homes and residential properties, including such mechanisms
as soft seconds, loan loss reserves, and shared -equity loans for low -and moderate -income homebuyers.
kk#kk#kkkkkkk#kkk#k#kk###k#kk#kk##k##########k
EXHIBIT A. Project Description
A. GENERAL
Developer will be provided NSP -I funds in the amount of Forty Thousand and 00/100 ($40,000)for
developer fees paid in 2014 and NSP-3 funds in the amount of Four Million Ninety -Nine Thousand
Forty -Two and 00/100 Dollars ($4,099,042). Such funds will be used to acquire eligible properties in
the Grantees eligible target areas and to pay associated developer fees.
Collier County has received One Hundred Twenty -Six Thousand and Ninety -Nine Dollars and 00/100
($126,099) in recaptured funds from the Developer. This Agreement will allocate the recaptured funds to
Habitat for Humanity to acquire a foreclosed, abandoned, vacant, or deed in lieu of foreclosure property.
This action will allow the replacement of the non -complaint property.
OyJ
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.
EXHIBIT A-2. Disbursement
AMOUNT
Grantee shall pay Developer a Ten Thousand and 00/100 Dollars ($10,000) developer fee for each of the
properties acquired through 2014 and $0.00 for those properties acquired in 2017 and thereafter 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 NSP 3 Funds, and ($40,000)
Forty Thousand and 00/100 from NSP 1 funds for a total of Three Hundred Ten Thousand and 00/100
Dollars ($310,000); this amount represents a cumulative of developer fees paid for each of the properties
acquired through this Agreement prior to 2017.
Grantee shall reimburse Developer a maximum One Hundred Fifty Thousand and 00/100 Dollars
($150,000) for each property acquired through 2014 and no more than Two Hundred Fifteen Thousand Two
Hundred and Ninety Three and 00/100 Dollars ($215,293) for all properties acquired in 2017 and thereafter
under this Agreement; however, such reimbursed amount may not exceed the actual cost of acquisition.
The maximum combined reimbursement paid by Grantee to Developer through this Agreement shall be
Four Million Ninety -Nine Thousand Forty -Two Dollars and 00/100 ($4,099,042) this amount represents a
cumulative of reimbursements paid for each of the properties acquired through this agreement.
Collier County has received One Hundred Twenty -Six and Ninety -Nine Dollars and 00/100 ($126,099) in
recaptured funds from Habitat for Humanity, the Developer. This Agreement will allocate the recaptured
funds to Habitat for Humanityto o acquire a foreclosed, abandoned, vacant, or deed in lieu of foreclosure
property. This action will allow the replacement of the non -complaint property.
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METHOD OF PAYMENT
Grantee shall reimburse Developer a maximum One Hundred Fifty Thousand and 00/100 Dollars
($150,000) for each property acquired through this Agreement for those acquired through 2014 and Two
Hundred Fifteen Thousand Two Hundred Ninety Three and 00/100 Dollars ($215,293) through 2017; One
Hundred Twenty Six Thousand and Ninety Nine Dollars and 00/100, for those acquired through December
2021; however, such reimbursed amount may not exceed the actual cost of acquisition. To secure payment
following acquisition, Developer shall submit to Grantee the following supporting materials in a format
acceptable to Grantee:
I. Sales Contract/Addendums (executed by both parties)
2. Title Commitment
3. Preliminary Closing Disclosure (unsigned)
4. Warranty Deed
5. HUD -I Settlement Statement
6. Proof of funds transfer
a. i.e. evidence of wire transfers
7. Bank account statements detailing funds transfer
8. Appraisal
9. Property Insurance Binder
10. Attestation form to be provided by Grantee
11. Land Use Restriction Agreement
12. Certificate of Occupancy (CO)
13. Sweat Equity Agreement
14. Income Certification
15, Wire Instructions
16. Home Buyers Education Certificate
To secure wire transfer the Developer shall submit those documents listed above;
Grantee shall pay Developer one-half ($5,000 of a total per property developer fee of $10,000) of the
developer fee per property upon acquisition of such property and one-half ($5,000 of a total per property
developer fee of $10,000) at final sale to an income -eligible person or household for those properties
acquired through 2014 and no developer fee shall be paid for those properties acquired from 2017 and
thereafter.
The Developer understands that $215,293 added to the agreement in 2017 is subject to recapture by HUD
at any given time. In the event that the Developer has placed a contract on a property/ies and there are no
funds available to the Grantee at the time of wire that the Developer is solely responsible to the seller and
the Grantee is not subject to any payment to the seller or the Developer.
The Developer understands that $126,099 added to the agreement in 2017 is subject to recapture by HUD
at any given time. In the event that the Developer has placed a contract on a property and there are no funds
available to the Grantee at the time of wire that the Developer is solely responsible to the seller and the
Grantee is not subject to any payment to the seller or the Developer.
EXHIBIT B. Budget
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 for those properties acquired through 2014 and no developer
fee $0.00 shall be paid for those properties acquired from 2017 and thereafter. The maximum combined
developer fee paid by Grantee to Developer through this Agreement shall be Three Hundred Thousand and
00/100 Dollars ($300,000) 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 2014 and Two Hundred Fifteen Thousand Two Hundred
Ninety Three and 00/100 Dollars ($215,293) for all propel ties acquired in 2017 and thereafter under this
Agreement; however, such reimbursed amount may not exceed the actual cost of acquisition. The
maximum combined reimbursement paid by Grantee to Developer through this Agreement shall be Forty
Thousand and 00/100 ($40,000) for developer fees paid in 2014 from NSP -1 and Four Million Ninety
Nine Thousand and Forty Two and 00/100 Dollars ($4,099,042) from NSP-3.; this amount represents a
cumulative of reimbursements paid for each of the properties acquired through this agreement.
Collier County has received One Hundred Twenty -Six Thousand and Ninety -Nine Dollars and 00/100
($126,099) in recaptured funds from Habitat for Humanity, the Developer. This Agreement will allocate
the recaptured funds to Habitat for Humanity to acquire a foreclosed, abandoned, vacant or deed in lieu of
foreclosure property. This action will allow the replacement of the non -complaint property.
Y
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ATTEST:
Dwight E. Brock, Clerk of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: By:
Dated: Burt L. Saunders
(SEAL) Chairman
Habitat for Humanity of Collier County, Inc.
A Florida not -for -profit corporation
By:
Print:
Title:
Approved as to form and legality:
Off'
Jennifer B. Belpedio (1,
Assistant County Attorney