Agenda 06/11/2024 Item #16E 1 (Chairman to sign a MOU between Collier County and MHP Bembridge, LLC).SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
June 1, 2024
Item 10B to be heard at 9:30: Recommendation to adopt the attached Resolution in opposition to Amendment 4
titled as an Amendment to Limit Government Interference with Abortion, which if enacted would amend the
Florida Constitution to greatly enhance abortions in Florida. (Commissioner Hall’s Request)
Continue item 16E1 to the June 25, 2024, BCC Meeting: Recommendation to approve and authorize the
Chairman to sign a Memorandum of Understanding (MOU) between Collier County and MHP Bembridge, LLC, to
further affordable housing initiatives through a $893,826.24 impact fee loan; authorize using Federal State and
Local Fiscal Recovery Funds to reimburse the Affordable Workforce Housing (1075) fund in the amount of
$893,826.24; authorize all associated Budget Amendments; and authorize the Chairman to execute all related loan
documents. (Fiscal Impact $893,826.24, Fund 1075) (Staff’s Request)
Move item 17A to 9B: This item requires the Commission members to provide ex-parte disclosure. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance
rezoning a 4.86± acre property located at 135 Price Street from the Rural Agricultural (A) Zoning District to the
Residential Single Family-2 (RSF-2) Zoning District to allow up to three single-family dwelling units in Section 4,
Township 51 South, Range 26 East, Collier County, Florida. [PL20220002704] (Commissioner LoCastro’s
Request)
Move item 16B15 to 11G: Recommendation to authorize the County Manager or designee to provide $5,333.33 to
the Trust for Public Lands for preparation of a grant application for the acquisition of the Seminole Gulf Rail Line
and to pledge up to $241,611 toward the local match for the grant. (Commissioner Hall’s Request)
Notes: Item 9A should be listed with District 2 rather than District 4.
TIME CERTAIN ITEMS:
Item 10A to be heard prior to item 4: Proclamations: Resolution naming the helipad located at the Collier
County Sheriff’s Office District 8 Substation in Immokalee the “Larry H. Ray, LTC (ret) US Army Helipad.
Item 10B to be heard at 9:30: Resolution in opposition to Amendment 4 titled as an Amendment to Limit
Government Interference with Abortion.
6/14/2024 2:40 PM
06/11/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a Memorandum of Understanding (MOU)
between Collier County and MHP Bembridge, LLC, to further affordable housing initiatives through a
$893,826.24 impact fee loan; authorize using Federal State and Local Fiscal Recovery Funds to reimburse
the Affordable Workforce Housing (1075) fund in the amount of $893,826.24; authorize all associated
Budget Amendments; and authorize the Chairman to execute all related loan documents. (Fiscal Impact
$893,826.24, Fund 1075)
OBJECTIVE: To provide a loan to support the development of affordable workforce housing.
CONSIDERATIONS: On February 6, 2019, the Procurement Services Division issued a notice of Invitation to
Negotiate (ITN) #19-7556 “Bembridge PUD Affordable Housing Land Development.” The County notified 23,864
firms, 114 firms downloaded the bid information and staff received eight (8) proposals by the April 10, 2019
submission deadline. All eight (8) firms were found to be responsive and responsible.
The Selection Committee met on May 21, 2019, scored the proposals, and shortlisted five (5) firms to move on to
oral presentations. On June 12, 2019, the Selection Committee reconvened for the oral presentations and arrived at
McDowell Housing Partners, LLC as the number one ranked developer. On July 9, 2019, Agenda #11.D,
McDowell Housing Partners, LLC was selected by the Board of County Commissioners (Board) to enter
negotiations for the development of the Property pursuant to solicitation ITN No. 19 -7556. On August 13, 2019,
Agenda #16.D.1, the County executed a Long-Term Ground Lease with McDowell Housing Partners, LLC, and
was ratified by the Board on September 10, 2019. On October 22, 2019, Agenda #11.I, the Board approved the
developer agreement with McDowell Housing Partners, LLC, for Invitation to Negotiate No. 19 -7556, “Bembridge
PUD Affordable Housing Land Development.”
McDowell Housing Partners, LLC, through MHP Bembridge, LLC, commenced construction on December 17,
2021. As part of this development, 82 rent-restricted units with an average of all units rented for those earning 60%
AMI and an affordability period of no less than thirty (30) years were built. MHP Bembridge, LLC (the
“DEVELOPER”) has requested to receive a loan to cover a portion of the cost of impact fees associated with the
development of affordable housing units at the EKOS on Santa Barbara. The amortized loan term is thirty years and
includes an annual interest rate of 0% for years 0-17, interest-only payments from years 18-29; and principal and
any remaining interest due at year 30, consistent with low-income housing tax credit projects. This loan was
negotiated with no interest for the first 17 years; however, in order to protect affordable housing funding, for future
agreements, the County will implement chargeable interest that is forgivable once the full 30 -year period has been
met and would only be immediately due if default or change of use occurs. Based on the information provided by
the DEVELOPER, it has been determined that they qualified to receive a loan.
As part of this deal, the County is being asked to subordinate its loan interest to the senior lenders utilizing a
standard form subordination agreement with minor modifications for federal grant compliance,
as negotiated amongst all parties’ attorneys. It is worth noting that Leon County recently executed a similar
standard form agreement in connection with a loan for affordable housing using the same federal grant funds.
Additionally, MHP Bembridge, LLC will execute a promissory note for the loan and a declaration of restrictive
covenants (as required by federal grant regulations). These documents will be held in escrow by the County
Attorney’s Office until the date of disbursement of the $893,826.24 from the County to MHP Bembridge, LLC, at
which time the documents shall be entered into and effectuated, with the promissory note given to the Clerk for
safekeeping and the declaration of restrictive covenants executed and recorded.
Pursuant to Florida Statute 255.065 this activity falls under a qualifying project whereby the facility will be used in
support of an accepted public purpose, affordable housing. This project promotes a partnership between public and
private entities, whereby there are federal and state tax incentives to develop and operate the qualifying project.
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Federal State and Local Fiscal Recovery Funds
The Consolidated Appropriations Act of 2021 included a $900 billion Relief package that made funds available for
a variety of uses for state and local governments. Congress passed the American Rescue Plan Act of 2021 (ARP),
and it was signed into law on March 11, 2021. Included in the legislation was a $350 billion State and Local Fiscal
Recovery Fund (SLFRF), of which Collier County has received an allocation of $74,762,701. The allocation of the
funds has been in accordance with US Treasury guidance and Board direction.
On May 11, 2021, the Board approved Agenda Item #11.J, an “After-the-Fact” agreement submission to the U.S.
Treasury. On June 22, 2021, Agenda Item #11.H, staff presented a preliminary performance plan to the Board. This
preliminary performance plan was based on the interim final rule published by the U.S. Treasury. Subsequently, on
January 6, 2022, the U.S. Treasury published the final rule and made significant programmatic and regulatory
changes that took effect on April 1, 2022. On March 22, 2022, Agenda Item #16.D.7, Amendment #5 was approved
by the Board and included changes to funding allocations to support Affordable Housing activities based upon the
US Treasury Final rule. On July 12, 2022, Agenda Item #16.D.7, the Board approved Amendment #6 and the Year
2 performance report. On January 10, 2023, in Agenda Item #16.D.2, the Board approved Amendment #7 which
included changes to projects and funding allocations. On July 25, 2023, in Agenda Item #16.D.2, the Board
approved Amendment #8 which included changes to projects and funding allocations. On March 26, 2024, in
Agenda Item #16.D.1, the Board approved Amendment #9 which included a reallocation of funds to increase the
support of affordable housing and mental health services and allow for the purchase of additional ambulances to
enhance services throughout Collier County.
Affordable Housing Fund
On September 22, 2022, the Board Adopted the Fiscal Year 2022-23 Budget and established the Affordable
Workforce Housing (1075) fund to further affordable housing initiatives. The Affordable Workforce Housing
(1075) fund is available to provide flexible funding for affordable housing, which may be leveraged against public
and private funding sources including General Fund transfers used for Affordable Housing incentives and to assist
various projects, sectors, and varying income levels.
In consideration of the County’s Affordable Workforce Housing (1075) fund, the COUNTY will provide a thirty-
year, amortized loan for impact fees in the amount of $893,826.24 to MHP Bembridge, LLC (the “DEVELOPER”)
subject to all general conditions, affordability covenants, terms, and the Memorandum of Understanding.
Pursuant to U.S. Treasury Guidance it is recommended that staff utilize the Local Housing Trust Fund to support
the loan and the State and Local Fiscal Recovery Funds be used to replenish the trust fund. Utilizing this
mechanism allows the County to fully expend all SLFRF funds and will establish a Revolving Loan Fund within
the Affordable Workforce Housing (1075) to further the goal of developing Affordable Housing.
FISCAL IMPACT: Budget Amendments within Affordable Workforce Housing Fund (1075) are required to
appropriate funding in the amount $893,826.24 for the loan agreement and to recognize revenue in a similar amount
for the replenishment of these funds from State and Local Fiscal Recovery Funds currently available within Grant
Fund (1835), Project 33765. Principal and interest payments related to this agreement will be deposited within
Affordable Workforce Housing Fund (1075).
GROWTH MANAGEMENT IMPACT: Providing funding to assist in the development of housing that is
affordable furthers the goals, objectives, and policies in the Housing Element of the Collier County Growth
Management Plan.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board approval. -DDP
RECOMMENDATION: To approve and authorize the Chairman to sign a Memorandum of Understanding
(MOU) between Collier County and MHP Bembridge, LLC, to further affordable housing initiatives through a
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$893,826.24 impact fee loan; authorize using Federal State and Local Fiscal Recovery Funds to reimburse the
Affordable Workforce Housing (1075) fund in the amount of $893,826.24; authorize all associated Budget
Amendments; and authorize the Chairman to execute all related loan documents.
Prepared By: Carrie Kurutz, Grant Coordinator, Community & Human Services Division
ATTACHMENT(S)
1. Proposed MOU - MHP Bembridge, LLC (PDF)
2. Proposed Restrictive Covenants - MHP Bembridge, LLC (PDF)
3. Proposed Promissory Note - MHP Bembridge, LLC (PDF)
4. Proposed Subordination Agreement - MHP Bembridge, LLC (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.1
Doc ID: 27023
Item Summary: Recommendation to approve and authorize the Chairman to sign a Memorandum of
Understanding (MOU) between Collier County and MHP Bembridge, LLC, to further affordable housing initiatives
through a $893,826.24 impact fee loan; authorize using Federal State and Local Fiscal Recovery Funds to
reimburse the Affordable Workforce Housing (1075) fund in the amount of $893,826.24; authorize all associated
Budget Amendments; and authorize the Chairman to execute all related loan documents. (Fiscal Impact
$893,826.24, Fund 1075)
Meeting Date: 06/11/2024
Prepared by:
Title: – Community & Human Services
Name: Carrie Kurutz
02/28/2024 9:31 AM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
02/28/2024 9:31 AM
Approved By:
Review:
Community & Human Services Vanessa Collier Additional Reviewer Completed 03/20/2024 4:55 PM
Community & Human Services Todd Henry Additional Reviewer Skipped 04/17/2024 12:17 PM
Operations & Veteran Services Jeff Weir OVS Director Review Completed 04/18/2024 8:39 AM
Community & Human Services Kristi Sonntag CHS Review Completed 05/20/2024 3:16 PM
Public Services Department Todd Henry PSD Level 1 Reviewer Completed 05/21/2024 9:41 AM
Grants Erica Robinson Level 2 Grants Review Completed 05/21/2024 1:16 PM
Public Services Department Jeff Weir PSD Department Head Review Skipped 05/30/2024 11:06 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 06/04/2024 11:35 AM
Grants Therese Stanley OMB Reviewer Completed 06/04/2024 11:46 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/04/2024 12:00 PM
County Attorney's Office Geoffrey Willig Level 3 County Attorney's Office Review Skipped 06/05/2024 5:42 PM
Office of Management and Budget Geoffrey Willig OMB Reviewer Skipped 06/05/2024 5:42 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 06/05/2024 5:42 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/11/2024 9:00 AM
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Packet Pg. 1685 Attachment: Proposed MOU - MHP Bembridge, LLC (27023 : MHP Bembridge Impact Fee Loan)
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