Agenda 06/25/2024 Item #16D 1 (To provide a loan to support the development of affordable workforce housing)06/25/2024
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 an
$893,826.24 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: The Developer of the Ekos on Santa Barbara affordable housing project, MHP Bembridge,
LLC, (“DEVELOPER”) has requested financial support of $893,826.24 in the form of a loan to support a portion of
the project thus helping to ensure affordability benefitting impacted and disproportionately impacted households.
The funding to be utilized for the loan will ultimately be supported by American Recovery Plan (“ARP) grant
funding consistent with language supporting affordable housing relative to Collier County ARP Recovery Plan
Amendment 9.
In terms of loan repayment, the developer will repay a total of $1,474,813.30 including principal and interest. 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 arrangement, 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. The Board declared affordable housing as a valid public
purpose under Resolution 2018-82. 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. Article VII,
Section 10 of the Florida Constitution defines what constitutes a valid public purpose for the expenditure of public
funds. Said public purpose must be made by the legislative body in this case, the Board of County Commissioners.
Project History
On February 6, 2019, the Procurement Services Division issued a notice of Invitation to Negotiate (ITN) #19-7556
“Bembridge PUD Affordable Housing Land Development.” 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 Bembridge PUD Affordable Housing 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.”
16.D.1
Packet Pg. 795
06/25/2024
McDowell Housing Partners, LLC, through MHP Bembridge, LLC, commenced construction on December 17,
2021 and completed the project and received a Certificate of Occupancy on December 1, 2023. The development
consists of 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. The project is fully occupied and currently has a waiting list of
800 households.
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.
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. 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.
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: Florida Statutes Section 163.31801 (Impact Fees), “A county, municipality, or
special district may provide an exception or waiver for an impact fee for the development or construction of
housing that is affordable, as defined in s. 420.9071. If a county, municipality, or special district provides such an
exception or waiver, it is not required to use any revenues to offset the impact.” Accordingly, as the Board has the
authority to waive the item completely, the Board may also approve the Memorandum of Understanding. I am,
however, concerned that this may be viewed as a special benefit to the Developer. The County currently has an
Affordable Housing Impact Fee Waiver ordinance that is rather detailed. It does not contemplate this transaction. I
would be more comfortable if the Board directed staff to amend that ordinance to allow for this type of transaction.
Without an ordinance that has specific criteria that must be met to qualify for the program, other Developers of
affordable housing may ask for a similar benefit which could lead to a substantial fiscal impact. With that noted,
this item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote
for approval. -JAK
16.D.1
Packet Pg. 796
06/25/2024
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 an
$893,826.24 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)
16.D.1
Packet Pg. 797
06/25/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.1
Doc ID: 29120
Item Summary: *** This item continued from the June 11, 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 an $893,826.24 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: 06/25/2024
Prepared by:
Title: Management Analyst II – County Manager's Office
Name: Geoffrey Willig
06/11/2024 11:35 AM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
06/11/2024 11:35 AM
Approved By:
Review:
Community & Human Services Kristi Sonntag Additional Reviewer Skipped 06/11/2024 1:04 PM
Community & Human Services Kristi Sonntag CHS Review Completed 06/11/2024 3:59 PM
Community & Human Services Vanessa Collier Additional Reviewer Completed 06/12/2024 7:52 AM
Operations & Veteran Services Jeff Weir OVS Director Review Completed 06/12/2024 9:13 AM
Public Services Department Todd Henry PSD Level 1 Reviewer Completed 06/12/2024 12:32 PM
Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Skipped
06/13/2024 12:15 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 06/13/2024 5:43 PM
Grants Erica Robinson Level 2 Grants Review Completed 06/17/2024 11:25 AM
Public Services Department Geoffrey Willig PSD Department Head Review Skipped 06/17/2024 4:39 PM
Office of Management and Budget Geoffrey Willig Level 3 OMB Gatekeeper Review Skipped 06/19/2024 3:55 PM
Office of Management and Budget Blanca Aquino Luque OMB Reviewer Completed 06/19/2024 4:36 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/19/2024 4:37 PM
Grants Therese Stanley OMB Reviewer Completed 06/19/2024 4:59 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/19/2024 5:32 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/25/2024 9:00 AM
16.D.1
Packet Pg. 798
16.D.1.a
Packet Pg. 799 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 800 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 801 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 802 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 803 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 804 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 805 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 806 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 807 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 808 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 809 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 810 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 811 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 812 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 813 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 814 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 815 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 816 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 817 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 818 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 819 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 820 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 821 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 822 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.a
Packet Pg. 823 Attachment: Proposed MOU - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.b
Packet Pg. 824 Attachment: Proposed Restrictive Covenants - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.b
Packet Pg. 825 Attachment: Proposed Restrictive Covenants - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.b
Packet Pg. 826 Attachment: Proposed Restrictive Covenants - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.b
Packet Pg. 827 Attachment: Proposed Restrictive Covenants - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.b
Packet Pg. 828 Attachment: Proposed Restrictive Covenants - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.b
Packet Pg. 829 Attachment: Proposed Restrictive Covenants - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.b
Packet Pg. 830 Attachment: Proposed Restrictive Covenants - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.c
Packet Pg. 831 Attachment: Proposed Promissory Note - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.c
Packet Pg. 832 Attachment: Proposed Promissory Note - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.c
Packet Pg. 833 Attachment: Proposed Promissory Note - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.c
Packet Pg. 834 Attachment: Proposed Promissory Note - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.c
Packet Pg. 835 Attachment: Proposed Promissory Note - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.d
Packet Pg. 836 Attachment: Proposed Subordination Agreement - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.d
Packet Pg. 837 Attachment: Proposed Subordination Agreement - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.d
Packet Pg. 838 Attachment: Proposed Subordination Agreement - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.d
Packet Pg. 839 Attachment: Proposed Subordination Agreement - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.d
Packet Pg. 840 Attachment: Proposed Subordination Agreement - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.d
Packet Pg. 841 Attachment: Proposed Subordination Agreement - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.d
Packet Pg. 842 Attachment: Proposed Subordination Agreement - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.d
Packet Pg. 843 Attachment: Proposed Subordination Agreement - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.d
Packet Pg. 844 Attachment: Proposed Subordination Agreement - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.d
Packet Pg. 845 Attachment: Proposed Subordination Agreement - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.d
Packet Pg. 846 Attachment: Proposed Subordination Agreement - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.d
Packet Pg. 847 Attachment: Proposed Subordination Agreement - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.d
Packet Pg. 848 Attachment: Proposed Subordination Agreement - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.d
Packet Pg. 849 Attachment: Proposed Subordination Agreement - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.d
Packet Pg. 850 Attachment: Proposed Subordination Agreement - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.d
Packet Pg. 851 Attachment: Proposed Subordination Agreement - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.d
Packet Pg. 852 Attachment: Proposed Subordination Agreement - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.d
Packet Pg. 853 Attachment: Proposed Subordination Agreement - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.d
Packet Pg. 854 Attachment: Proposed Subordination Agreement - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.d
Packet Pg. 855 Attachment: Proposed Subordination Agreement - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)
16.D.1.d
Packet Pg. 856 Attachment: Proposed Subordination Agreement - MHP Bembridge, LLC (29120 : MHP Bembridge Impact Fee Loan)