Loading...
Agenda 07/25/2023 Item #16D 7 (Landlord Payment Agreement between Collier County and Wild Pines Owner LLC.)16.D.7 07/25/2023 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign a Landlord Payment Agreement between Collier County and Wild Pines Owner LLC, Wild Pines TIC II Owner LLC and Wild Pines TIC III Owner LLC, allowing the Community and Human Services Division (CHS) to administer the Rapid Re -Housing and Homelessness Prevention Program through the Emergency Solutions and Rapid Unsheltered Survivor Housing Grants Program (ESG and ESG RUSH). (Housing Grant Fund 1835 and Housing Match Fund 1836) OBJECTIVE: To implement the Board -approved action plan by providing rental assistance to individuals and families who may be impacted by Hurricane Ian and who may also be homeless or at risk of homelessness in Collier County. CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) provides Emergency Solutions Grants (ESG) and Emergency Solutions Grant RUSH (RUSH) funds to address housing specific homeless and at risk of homeless needs identified in the community. These funds may include payment for rental application fees, security deposits, utility deposits or payments, last month's rent, as well as short- or medium -term rental assistance. Every five (5) years, the County is required to prepare the Consolidated Plan outlining the goals and activities over the next five (5) years for the HUD entitlement funds. The Board of County Commissioners (Board) approved the Collier County 2016-2021 Consolidated Plan on June 28, 2016, Agenda Item #16D23, and the corresponding FY20-21 One -Year Action Plan on June 23, 2020, Agenda Item #11I. The 2021-2025 Consolidated Plan, including the FY2021 One -Year Action Plan, was approved by the Board on June 22, 2021, Agenda Item #16D7, and the FY22-23 One -Year Action Plan was approved by the Board on June 28, 2022, Agenda Item #16D4. Funding Approval Agreements issued by HUD and approved by the Board for the ESG Program for FY20 were executed on June 23, 2020, Agenda Item #16D17, and FY21 on June 22, 2021, Agenda Item #16D7 and FY22 on June 28, 2022, Agenda Item #16D4. The Funding Approval Agreements require grant funds to be used for homelessness and homeless prevention and recovery projects in accordance with 24 CFR 576. On October 26, 2022, the County was notified of the award in the amount of $861,716 in Emergency Solution Grant Rapid Unsheltered Survivor Housing (ESG RUSH) funding. A Substantial Amendment to the FY22-23 Annual Action Plan was approved by the Board on December 13, 2022, Agenda Item #16D8. accepting the ESG RUSH funds with a period of performance date of February 14, 2023, to February 13, 2025. On February 17, 2023, the final award agreement was received. In order to fully expend the FY20, 21, and 22 ESG and ESG RUSH funds, it is necessary for the County to directly administer an ESG/ESG RUSH program due to the lack of sub -recipients. As part of this program, the priority is to serve those who are homeless and at risk of homelessness. HUD requires that each landlord enter into a landlord agreement with the County for payment. Staff has identified Wild Pines Owner LLC, Wild Pines TIC II Owner LLC and Wild Pines TIC III Owner LLC as a landlord willing to participate in the program. CHS has prepared a Landlord Payment agreement pursuant to 25 CFR 576.106 (e). If this item is approved, the attached standard Landlord Payment Agreement will be forwarded to the Board Chairman for signature and execution and shall end upon thirty (30) days' written notice by either party. FISCAL IMPACT: The proposed actions have no new Fiscal impact. The funding sources for the award are the Emergency Solutions Grants which are budgeted in Housing Grant Fund (1835), Project 33690, 33764, 33824, and 33840. The required match is available via transfer from General Fund 155930 to Housing Grant Fund (1836), Project 33690, Project 33764, and Project 33824. Packet Pg. 714 16.D.7 07/25/2023 LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. -DDP GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this will further the Goals, Objectives, and Policies within the Housing Element of the Growth Management Plan. RECOMMENDATION: To approve and authorize the Chairman to sign a Landlord Payment Agreement between Collier County and Wild Pines Owner LLC, Wild Pines TIC II Owner LLC and Wild Pines TIC III Owner LLC, allowing the Community and Human Services Division (CHS) to administer the Rapid Re -Housing and Homelessness Prevention Program through the Emergency Solutions and Rapid Unsheltered Survivor Housing Grants Program (ESG and ESG RUSH). Prepared By: Carolyn Noble, Grant Coordinator, Community and Human Services Division ATTACHMENT(S) 1. 108454 - Cert (PDF) Packet Pg. 715 16.D.7 07/25/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.7 Doc ID: 25967 Item Summary: Recommendation to approve and authorize the Chairman to sign a Landlord Payment Agreement between Collier County and Wild Pines Owner LLC, Wild Pines TIC II Owner LLC and Wild Pines TIC III Owner LLC, allowing the Community and Human Services Division (CHS) to administer the Rapid Re -Housing and Homelessness Prevention Program through the Emergency Solutions and Rapid Unsheltered Survivor Housing Grants Program (ESG and ESG RUSH). (Housing Grant Fund 1835 and Housing Match Fund 1836) Meeting Date: 07/25/2023 Prepared by: Title: — Community & Human Services Name: Carolyn Noble 06/28/2023 5:48 PM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 06/28/2023 5:48 PM Approved By: Review: Community & Human Services Kristi Sonntag CHS Review Operations & Veteran Services Jeff Weir OVS Director Review Public Services Department Todd Henry PSD Level 1 Reviewer Grants Erica Robinson Level 2 Grants Review Public Services Department Tanya Williams PSD Department Head Review County Attorney's Office Derek D. Perry Level 2 Attorney Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Community & Human Services Maggie Lopez Additional Reviewer Office of Management and Budget Christopher Johnson Additional Reviewer County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 06/28/2023 5:49 PM Completed 06/29/2023 7:25 AM Completed 06/29/2023 9:25 AM Completed 07/14/2023 9:44 AM Completed 07/17/2023 8:18 AM Completed 07/19/2023 3:43 PM Completed 07/19/2023 3:46 PM Completed 07/19/2023 3:48 PM Completed 07/19/2023 3:54 PM Completed 07/19/2023 4:23 PM Completed 07/19/2023 4:24 PM 07/25/2023 9:00 AM Packet Pg. 716 16.D.7.a EMERGENCY SOLUTIONS GRANT (ESG) OR EMERGENCY SOLUTIONS GRANT RAPID UNSHELTERED SURVIVOR HOUSING (ESG RUSH) LANDLORD PAYMENT AGREEMENT THIS AGREEMENT is entered into between Collier County Board of County Commissioners, hereinafter referred to as the "COUNTY" and WILD PINES OWNER LLC WILD PINES TIC II OWNER LLC and WILD PINES TIC III OWNER LLC each a Delaware Limited LiabiIit Company, hereinafter referred to as the "LANDLORD". The undersigned "LANDLORD" hereby agrees to the following conditions in order to receive "LANDLORD" payments from the "COUNTY" under the Emergency Solutions Grant Program (ESG) or Emergency Solutions Grant Rapid Unsheltered Survivor Housing (ESG RUSH); 1. This agreement shall begin on 7/25/2023_and shall end upon 30-days written notification from either party to the other, or when funding for this program is no longer available. 2. The "COUNTY" agrees to provide the "LANDLORD" with a list of names and contact information for all "COUNTY" personnel authorized to commit ESG or ESG RUSH funds. The "LANDLORD" will only accept payment commitment from authorized "COUNTY" personnel. Changes (addition/deletions) to the authorized personnel list must be approved in writing by an authorized "COUNTY" representative. The "LANDLORD" agrees to provide "COUNTY" with contact information for authorized CHS representatives to resolve a crisis and/or apply benefit commitment on the client's behalf. 4. The "LANDLORD" agrees to provide the "COUNTY" with copy of all leases and modifications or amendments for each eligible ESG or ESG RUSH program participant. 5. The "COUNTY" agrees to provide payments directly to the "LANDLORD" on behalf of the eligible ESG or ESG RUSH program participant and as long as the grantor "COUNTY" and/or regulation does not prohibit payment. 6. The "LANDLORD" assures that no household receiving ESG or ESG RUSH assistance will be treated adversely because of such assistance under applicable provisions of federal, state or local regulatory requirements. During the term of this agreement, "LANDLORD" agrees to give the "COUNTY" a copy of any notice to the program participant to vacate the housing unit, or complaint used under state or local law to commence an eviction action against the program participant. 7. The "LANDLORD" assures that eligible households on whose behalf ESG or ESG RUSH assistance is received will not be discriminated against. 8. The "LANDLORD" understands that only eligible activities listed under 24 CFR 576.106, Short-term and medium -term rental assistance, are to be paid with ESG or ESG RUSH funds. Page 1 of 4 Packet Pg. 717 16.D.7.a 9. The "LANDLORD" understands that only costs of short-term and medium -term rental assistance in accordance with the terms of the ESG or ESG RUSH program are allowed. No charges that result from illegal activities such as bad checks or meter tampering will be paid with ESG or ESG RUSH funds. 10. The "LANDLORD" understands that the ESG or ESG RUSH benefit amount must pay for the complete charges owed by the ESG or ESG RUSH program participant and that acceptance of ESG or ESG RUSH benefits will be deemed as "LANDLORD"s acknowledgement and acceptance has become current on any and all payments due to "LANDLORD" as a result of the ESG or ESG RUSH payment. 11. The "LANDLORD" agrees to assist the "COUNTY" in verifying the ESG or ESG RUSH program participant's information and to make timely commitments to resolve any crisis situation. Subject to the "LANDLORD"s privacy requirements, the "LANDLORD" agrees to provide the "COUNTY" with the following detailed ESG or ESG RUSH program participant information: (1) current amount owed (broken down by month) (2) due date/eviction dates in formal eviction notice / 3-day notice and (3) amount necessary to resolve the situation. 12. In accordance with the Florida Local Government Prompt Payment Act, the "COUNTY" agrees to provide payment to the "LANDLORD" as follows: (a) Rental Arrears Al2plication Fees and/or Deposits: will be dispersed by the "COUNTY" within 60 days from the date of the "COUNTY"s approval of the program participant's eligibility if the rental assistance is a valid ESG or ESG RUSH program expenditure. (b) Ongoing rental assistance: will be disbursed by the "COUNTY" for eligible ESG or ESG RUSH recipients in accordance with the rental agreement as issued by the "LANDLORD" on behalf of the program participant under the same terms and conditions (i.e., same payment due date, grace period, and late penalty requirements). (c) Payments beyond 60 days will require interest to be paid from non-ESG or ESG RUSH funds. (d) "COUNTY"s promise to pay can only be issued after an ESG or ESG RUSH participant has been certified as Eligible under the ESG or ESG RUSH program. 13. This "LANDLORD" Agreement will be signed by "COUNTY", and "LANDLORD"s authorized representative. 14. If an ESG or ESG RUSH payment to the "LANDLORD" cannot be applied to an ESG ESG RUSH program participant's account, the funds will be returned to the "COUNTY". 15. The "LANDLORD", with the exception of municipal providers, must be in "active" status with the State of Florida: http://sunbiz.org/search.htmi. The "LANDLORD"s name must also be verified against the System for Award Management website at http://www.sam.gov. The "COUNTY" agrees to maintain documentation of verification that the business name of the "LANDLORD" on this agreement is the same as the legal business name on the State of Florida System for Award Management website. Page 2 of 4 Packet Pg. 718 16.D.7.a 16. The "LANDLORD" agrees to maintain documentation of verification that the owner name or business names of the "LANDLORD" on this agreement is the same name as that name on the Collier County Property Appraiser, unless designated through a property management agreement. 17. "COUNTY" does not assume any responsibility for, or liability to, any person injured as a result of "LANDLORD"s action or failure to act in connection with the implementation of this agreement or as a result of any other or failure to act by the "LANDLORD". 18. "LANDLORD" is not the agent of "COUNTY" and this agreement does not create any relationship between "COUNTY" and any lender to "LANDLORD" or suppliers, employees, contractors or subcontractors used by "LANDLORD" in connection with this agreement. 19. Nothing in this agreement will be construed as creating any right of a program participant or a third -party to enforce any provision of this agreement or to assess any claim against "COUNTY", or "LANDLORD" under this Rental Assistance Agreement, 20. Exhibit A, attached hereto and incorporated by reference, shall be attached to all leases entered into with ESG or ESG RUSH funded tenants, unless similar language covering VAWA requirements is already in the "LANLORD"s standard lease. SIGNATURE PAGE TO FOLLOW Page 3 of 4 Packet Pg. 719 16.D.7.a IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized, ATTEST: CRYSTAL K. KINZEL, CLERK Dated: , Deputy Clerk (SEAL) as to Fonn and Legality: Derek D. Perry Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RICK LOCASTRO, CHAIRMAN LANDLORD WILD PINES OWNER LLC, WILD PINES TIC II OWNER LLC and WILD PINES TIC III OWNER LLC, each a Delaware Limited Liability Company By: WELLER YANAGEMENT, LLC, a Florida Lirnit4 Liability Company, its Manager PRINTED NAME: Michael aliveri ADDRESS 150 2nd Ave.N, Suite 710, Saint Petersburg, FL 33701 Page 4 of 4 c as E as d a� Q L J N c 3 0 as c 'a ti to CD W N m U u� 00 0 c m E s Q Packet Pg. 720 16.D.7.a VIOLENCE, DATING VIOLENCE U.S.Iltparlmall(tifltntlsh►t; 0MUA OV.+l119.k02-020i On S'1'ALICIiIG Anil th'llml Development axle 007017 ofticu of' HOusing EXHIBPI` A - VAWA VIOLENCE AGAINST WOMFI@ AND JUSTICE I)El'ARTMENT RIdAM101MM-101 Aur of 2005 "IMAM' , LANDLORD I UNITAip. &Al)llItIiSS This lease addendum adds the following paragraphs to the Lease botween tiro above referenced Tenant and Uodlord. I'll"Vese of the Addeudimi The lease for Ille above referenced tuiit is being anlended to include tile provisions of the Violence Against 1Votnetl and Justice Department ltauuthurizafion Act of 2005 (VAWA). Cciiflictis With OUnel' PI-avisinlis of the Lease III case of ally conflict betiveei (lie provisions of this Addendum bad Other sections of (he Lease, tine provisions of Ibis Addendum shall prevail. Taut of the Lease Adtlendilm The effective date of this Lease Addendum is This Lease Addendum shall Continuo to be In effect until the I. ease is tertuinated. VAWA f'rotcetloits I. The Lundtord may not consider incidents of domestic; violence, datiiig violence .or stalking as serious or repeated violations of the lease or other "good cause" far terns€na(!oil of assistance, tenancy or occ(ipancy rigills of the violin, of abuse. 2. 'File Landlord may not consider crhninal activity directly relating to abuse, engaged in by a member of a leliant's household or any guest or other person under the tenant's colitrol, cause far terinina(ion of assis(allce, tenancy, or Occupancy tights If the tellant cr an immediate nicniber of tine tel►ant's fatuity !s tine vieti►u or threatened victim of (hat abuse, 3. The Landlord may request in writing that the victim, or a fau,lly member of the vicliai's behalf, certify that tiie Individual is a victim of abase and that the Cortiticallol, of Domestic Violence, Doing Violence or Stalking, horn, 1.100-91066, Or other doeualeulution as noted Oil the certification form, be completed and submitted within 14 basiness days, or an agreed upon oxtension date, to receive protectloll nl►dor the VAWA. Fullinve to provide the cettMcal[Olt or other suppoitlfig documentatlnn within 1110 spccifled (iinefi•anic,lily result In eviction. Tellbnt Data Landlord Date ~-- Forth IRID-91067 (0/2008) I'ogeSoA 5 IS10 Packet Pg. 721