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Backup Documents 11/10/2015 Item #16D11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1. 6Dije 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 theCounty Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Barbetta Hutchinson CHS k1 I`o h,/ 2. Jennifer A. Belpedio, ACA County Attorney Office {� � p311 .)` 3(1 3. BCC Office Board of County Commissioners / X11 C3<<S 4. Minutes and Records Clerk of Court's Office cP(1\ tt (f3h-5 -5:4510-n-v 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 Lisa Oien 252-6141 Please call for pick up Agenda Date Item was 11/10/2015 Agenda Item Number �(��r t Approved by the BCC 16D1 ` Type of Document Two amendments each in triplicate Number of Original 6 amendment Attached (between Collier County and Habitat) Documents Attached documents PO number or account number if document is to beCA---- recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,wi' $- -r is Yes N/A(Not appropriate. \� (Initial) Applica, le) 1. Does the document require the chairman's original sig • ure?STAMPED SIGNATURE IS ok n/a r i'4� - 2. Does the document need to be sent to another agency for •itional signatures? If yes, no provide the Contact Information(Name;Agency;Address;Phone .- ..• _•:-•-• eet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be yes signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the yes document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's yes signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 11/10/2015 and all changes yes ` �z�g���ot made during the meeting have been incorporated in the attached document. The 1g ' Count Attorne 's Office has reviewed the chanes,if a' slicable. __........2.-- 0 ii 9. Initials of attorney verifying that the attached document is the version approved by the 3 ;,' " BCC, all changes directed by the BCC have been made,and the document is ready for t a ®•Ct- ,e 8;, Chairman's signature. 0$ 4 .,1 � f 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 16 .011 MEMORANDUM Date: November 13, 2015 To: Lisa Oien, Grant Coordinator Community & Human Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Amendment #3 to NSP 1 between Collier County & Habitat for Humanity Amendment #6 to NSP 3 between Collier County & Habitat for Humanity Both CFDA: 14.218 Attached are two (2) original amendment to the agreement referenced above, (Item #16D1) approved by the Board of County Commissioners on Tuesday, November 11, 2015. An original has been kept by the Minutes and Records Department for the Official Records of the Board. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 1 6 0 11 NEIGHBORHOOD STABILIZATION PROGRAM 1 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 this Ili day of fk ()\,/ , coli is by and between the parties to the Agreement between 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(hereinafter called the "County" or"Grantee"), hereinafter collectively known as the "Parties". RE: NEIGHBORHOOD STABILIZATION PROGRAM B-08-UN-12-0003 In order to continue the services provided for in the original Agreement document referenced above, the parties agree to the following amendments: Words els Through are deleted; Words Underlined are added: RECITALS: WHEREAS, on April 24, 2012, the Parties entered into Neighborhood Stabilization Program 1, CFD No.12.218, Developer Agreement ("Agreement"); and WHEREAS, on February 12, 2013, the Parties entered into Amendment 1 to the Agreement; and WHEREAS, on June 24, 2014, the Parties entered into Amendment 2 to the agreement to provide expanded guidance on NSP appraisal requirements; and add Exhibit C to establish a Land Bank Plan for the NSP1 Developer Agreement in order to enable the NSP1 program to closeout in compliance with HUD NSP Closeout Guidelines; and WHEREAS, the Parties desire to further amend the Agreement by adding a resale provision to the Agreement. NOW THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the Parties agree to modify Exhibit A-2 to the Agreement as follows: EXHIBIT A-2. Affordability Requirements * * * 1I [7 ,� . 16D11 GENERAL HOMEOWNERSHIP: LONG TERM AFFORDABILITY * * * LONG TERM AVAILABILITY FOR DEVELOPER SOLD PROPERTIES. Resale: 24 CFR 92.252(a), (c), (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 property. 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 homebuyer 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 homebuyer 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 change in the Consumer Price Index for All Urban Consumers Owners' Equivalent Rent of Primary Residence category in Table I of the CPI Detailed Report (the "CPI Index") during the period of the homebuyer's ownership. Accordingly, the CPI 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. Any capital improvement will be valued based on actual cost as documented by the original homebuyer's receipts. Generally, 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 home buyer may 2IPap • 16011 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 In 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 income limits described in the lien and restrictive covenant on the property. * * (Signature Page to Follow) 31I) g 16011 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: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk of Courts COLLIER COUNTY, FLORIDA l y�1 By: ir �L r _l t $ By: / v Dated:' j Tim Nance, Chairman (SEAL) Attest as to t;nalrman's signature only. Habitat for Humanity of Collier County, Inc. A Florida not-for-profit corporation By:,61. - Print: K j G' IC ev/ah.c..as Title: F. v p Approved as to form and legality: Jenni er A. Belpedi Assistant County Attorney Wage 1 6 0 11 NEIGHBORHOOD STABILIZATION PROGRAM 3 AMENDMENT NO. 6 TO DEVELOPER AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. CFDA: 14.218 "b , THIS AMENDMENT, made and entered into on this day of ��V/ ac t S is by and between the parties to the Agreement, Habitat for Humanity of Collier County, Inc, EN 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(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 parties agree to the following amendments: Words Struck Through are deleted; Words Underlined 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 land 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 24' 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: NEIGHBORHOOD STABILIZATION PROGRAM B-11UN-12-0003 11 P a 6 D 1 1 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 Struck Through are deleted; Words Underlined are added: (Dollar amounts have original underlines) WITNESSETH: EXHIBIT A-1. Affordability Requirements * * * GENERAL HOMEOWNERSHIP: LONG TERM AFFORDABILITY * * * LONG TERM AVAILABILITY: FOR DEVELOPER SOLD PROPERTIES Resale: 24 CFR 92.252(a), (c), (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 property. 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 homebuyer 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 homebuyer 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 change in the Consumer Price Index for 2IPage 1 6 0 11 All Urban Consumers Owners' Equivalent Rent of Primary Residence category in Table I of the CPI Detailed Report (the "CPI Index") during the period of the homebuyer's ownership. Accordingly, the CPI 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. Any capital improvement will be valued based on actual cost as documented by the original homebuyer's receipts. Generally, 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 home buyer 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 In the event of a deed in lieu of foreclosure or a foreclosure the lien holder ormortgagee will insure that that home be sold to a family that will use the property as its principle residence and meets the income limits described in the lien and restrictive covenant on the property. 31P agc 1 6 0 1 1 ' 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: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk of Courts COLLIER COUNTY, FLORIDA By: �, At :a By: Dated: C Tim Nance, Chairman (SEAL) , Attest as to Chairman's signature only. Habitat for Humanity of Collier County, Inc. A Florida not-for-profit corporation By:"Z f j! Print: Alo- c, ,ovi Title: 'C V ? Approved as to form and legality: Zr� Je fer A. Belpedio Assistant County Attorney 4Ii