Backup Documents 07/14/2020 Item #16D 5ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1605
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines # 1 through #2, complete the checklist, and forward to the County Attorney Office.
Route to Addressees (List in routing order)
Office
Init' s
Date
1. Tom Calderon
CHS
/
7/14/20
2. Jennifer A. Belpedio
County Attorney Office
a
3. BCC Office
Board of County
Commissioners
r
4. Minutes and Records
Clerk of Court's Office
3
P1.1 /Op",
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above, may need to contact staff for additional or missing information.
Name of Primary Staff
Phone Number
Contact / Department
Tom Calderon
252-4220
Agenda Date Item was
7/14/20
Agenda Item Number
Approved by the BCC
16.13.5
Type of Document
Eighth Amendment to NSP 3 Developer
Number of Original
1 Amendment
Attached
Agreement with HFH and acceptance of
Documents Attached
document
NSP recapture funds
PO number or account
number if document is to be
recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
Yes
N/A (Not
aivrovriate.
Initial
Applicable)
1.
Does the document require the chairman's original signature?STAMPED SIGNATURE IS ok
'No
N
2.
Does the document need to be sent to another agency for additional signatures? If yes,
N/A
provide the Contact Information am ; Agency; Address; Phone on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
yes
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike -through and revisions have been initialed by the County Attorney's
N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
No, as
Date also
document or the final negotiated contract date whichever is applicable.
documents
needs to be
are routed
written in
before
on the first
approval
page
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
yes
sip -nature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8.
The document was approved by the BCC on 7/14/20 and all changes made
N/A is not
during the meeting have been incorporated in the attached document. The County
an option for
Attorne 's Office has reviewed the changes, if applicable.
this line!
9.
Initials of attorney verifying that the attached document is the version approved by the
N/A is not
BCC, all changes directed by the BCC have been made, and the document is ready for the
l,J�
an option for
Chairman's signature.
this line.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
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Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Monday, July 20, 2020 9:43 AM
To: CalderonTomas
Subject: Item #16D5 (7-14-20 BCC Meeting)
Attachments: Backup Documents 07_14_2020 Item #16D 5.pdf
Good Morning Tom,
An executed copy of Item #16DS, from the
July 14, 2020 OCC Meeting, is attached
for your records.
Thank you.
Ann JennejeAn
6MR Senior Deputy Clerk
Clerk to the Value Adjustment Board
Office: 23 9 -252 -8406
Fax: 2317-252-8408 (if applicable)
Ann.Jenneiohn@Coll ierCl erk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tamiami Trail, Suite #401
Naples, FL 34112-5324
www.CollierC(erk.com
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NEIGHBORHOOD STABILIZATION PROGRAM 3
EIGHTH AMENDMENT TO DEVELOPER AGREEMENT BETWEEN COLLIER COUNTY
AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
CFDA: 14.218
'_�tn
THIS AMENDMENT, made and entered into on this day of�2020, to the subject agreement
shall be by and between the pat -ties 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 Tarniami 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 St+tel 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, ail Agreement with Habitat for Humanity was executed on April 24"', 2012; and
WHEREAS, Amendment Number 1 was signed on January 8"', 2013 (16.D.4) to revise Eligible
"Target Areas; and
eb
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WHEREAS, Amendment Number 2 was executed on February 12'h, 2013 (16.D.3) to clarify
Eligible Activities; and
WHEREAS, Amendment Number 3 was executed on July 91h, 2013 (16.D.1) which outlined how
funds were to be expend; and
WHEREAS, Amendment Number 4 was executed on March 11"i, 2014 (16.D.7) which set
deadlines for expenditures; and
WHEREAS, Amendment Number 5 was executed on June 2411', 2014 (16.D.5) that gave guidance
for appraisals; and
WHEREAS, Amendment Number 6, was executed on November I0'h, 2015 (11.13) which clarified
affordability restrictions; and
WHEREAS, Amendment Number 7 was executed on June 13'h, 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
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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, subrccipient, developer, or individual buyer. i lowever, 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 mortpapor (the borrower) conveys
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 105A of Title i of the CDBG Act, and (ii) conform to
all NSP-3 requirements.
-78 "Environmental Requirements" means the requirements described in 24 CFR Part 58.
89 "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
DVJ
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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 of2008, 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
pain, 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 te►ril 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.
4-5-16 "NSP-3 Funds" mean those funds to be provided by the GRANTEE pursuant to the terms of this
Agreement, as specified in Section If 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.
4-8 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
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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 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 finds from 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.
E. Use of Funds — NSP3- fiends 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
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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
undcrstood 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 — 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
j amount of $215,293 expended and drawn
® 100% of NSP-3 recaptured funds expended
12/31 /2021
(0113)
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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 Nincty-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-p}epei4y 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:
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I'arget Area # 1: The five (5) Opportunity Zones in Collier CountYas designated by the State of Florida.
Target Area #2: All other eligible low -mod income census tracts in Collier County, includingtracts:
►
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, 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 liomebuyers.
EXHIBIT A. Project Description
A. GENERAL
Developer will be provided NSP -1 ftntds in the amount of Foa•ty 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
I iabitat 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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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,
fiye (25) percent of the funds expended by Grantee in aequiFing the pFepet4ies subjeat te thisAgr-eem
shall be used to house 4n&,'duals er- families Nyhose Ineeme do not exeeed 50 pei-eent of the aFea med4n
iiieeme (" H2 c v e ntu
To easui-e eemplianee with the 14811 LPI25 Reqiiii-emeat, PSN'b60P6R shall ensure that One-Mi
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) frorn 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
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Hundred and NinetyThree 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 tine 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.
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'I'wo Hundred Ninety Three and 00/100 Dollars ($215,293) through 2017; One
I lundred '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/Addendunns (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
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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 propertylies 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 fiords
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
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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. Tile
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 fl-om 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 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.
u
FV).3
ATTEST:
Dwight E,.,N,-oC,k, Clerk of Counts
Died:
.; Oman's
Approved as to form and legality:
Jennifer B. elpedio
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: /- �"'eAzz�
Burt L. Saunders
Chairman
Date:
Habitat for Humanity of Collier County, Inc.
A Florida not -for -profit corporation
By:
Print: zeC A- &21
Title: AfS'/c���'el—
Item# t&e
Agenda I-A+W
Date
Date
Rec'd
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