Backup Documents 06/24/2014 Item #16D 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 b 0 "
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO in
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 Addressee(s)(List in routing order) Office Initials Date
1. Geoffrey Magon HHVS ' 6/26/14
2. Jennifer B. Belpedio, ACA Office located in HHVS 0 4 IZc VI--
County Attorney Office Department
3. BCC Office Board of County 71 b
Commissioners v /s/ L7V-` v\
4. Minutes and Records Clerk of Court's Office b 1 a9-I ii , •(l ,t,i
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 dditional or missing information.
Name of Primary Staff Geoffrey gon Phone Number 252-2339
Contact/ Department
Agenda Date Item was 6/24/14 Agenda Item Number 16D5
Approved by the BCC
Type of Document 2 Amendments ✓ Number of Original 2 %..../ .7._°
Attached Documents Attached ‹Qx::, c .
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
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? YES ✓
2. Does the document need to be sent to another agency for additional signatures? If yes, NO ✓--
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed YES ✓
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's \ifs— 0 V-;
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 I✓
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
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 :3`i !qf nter date)and all changes L N/A is not
made during the meeting have been incorporated in the attached document. The i,. an option for
County Attorney'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 'e / an option for
Chairman's signature. / this line.
1: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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MEMORANDUM
Date: June 27, 2014
To: Geoffrey Magon, Grant Coordinator
Housing, Human & Veteran Services
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Amendments #2 and #5 to Developer Agreement with Habitat for
Humanity of Collier County, Inc.
Attached is a copy of the document referenced above, (Item #16D5) approved by the
Board of County Commissioners on June 24, 2014.
The original Amendments are being held in the Minutes & Records Department as part of
the Board's Official Records.
If you have any questions, please feel free to contact me at 239-252-8411.
Thank you.
Attachments (2)
16D5
NEIGHBORHOOD STABILIZATION PROGRAM 1
AMENDMENT NO. 2 TO DEVELOPER AGREEMENT BETWEEN COLLIER
COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
CFDA: 14.218
, t-N So Oe
THIS AMENDMENT, made and entered into on this v. 1 day of J C. , to the subject
agreement shall be by and between the parties to the original Agreement, 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, Collier County,Naples (hereinafter called the "County" or"Grantee").
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 amend the Agreement as follows:
Words Struck Through are deleted; Words Underlined are added:
(Dollar amounts have original underlines)
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 executed Amendment 1 to the
Neighborhood Stabilization Program 1, CFD No.12.218 Developer Agreement; and
WHEREAS, Exhibit C is being added to the Developer Agreement to establish a Land
Bank Plan for the NSP 1 Developer Agreement in order to enable the NSP 1 program to closeout
in compliance with HUD NSP Closeout Guidelines; and
WHEREAS, the Developer Agreement is being amended to include modifications in
order to clarify appraisal language and associated requirements.
NOW THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the Parties agree to add Exhibit C to the Agreement as follows:
* * *
I. Definitions
* * *
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. The NSP Policy Alert entitled "Guidance on NSP Appraisals:
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Voluntary Acquisitions March 15, 2012" requires that acquisition of real property using
federal funds is subject to URA and the additional NSP requirements that an appraisal be
completed or updated within 60 days of a final offer made for the property by a grantee
for the purpose of acquisition. Appraisals for the disposition of property are not subject
to the 60 day requirement for acquisitions. The Developer may complete appraisals
beyond the 60 days of final offer as previously defined.
* * *
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 final offer made for the property by a grantee,
subrecipient, developer, or individual buyer. The 60 day requirement does not apply to
the disposition of a property to a final beneficiary. However, 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.
III. Project Requirements
The DEVELOPER agrees to comply with all requirements of the NSP-1 as stated in the NSP
Notice and CDBG regulations, including but not limited to the following:
A. NSP-1 Eligible Use, CDBG National Objective and Eligible Activities — The DEVELOPER
will ensure and document that its NSP-1 activities meet LMMI national objective, eligible
use, allowable cost, and eligible activity requirements of the NSP Notices and CDBG
regulations. The DEVELOPER will ensure that any Land Banking activities will follow the
Land Bank Plan as described in"Exhibit C."
* * *
(Signature Page to Follow)
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1613 5
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: r BOARD OF COUNTY COMMISSIONERS
Dwight E. Brock,Clerk of Courts COLLIER COUNTY,/'LORIDA
Ey.
1
I E . L%
Dated: (o' Tom Yenning, Chai n.
(SEAT) At.est as to Chairman's
nnat1 e only.
f12- Habitat for Humanity of Collier County, Inc.
irst Witness \ A Florida not-for-profit corporation
e foe-in/ By: f 72 -2..Z
TType/print witness nameT Print: //1/&A- /6t,e kJ es
Title: �.
Second Witness
"P46/41,2, a 7 ae" Approved as to form and legality:
TType/print witness nameT
Jennifer A. Belpe t
Assistant County Attorney -De
Item# I DS
Agenda I a4I,�
Date
Date k) 'a Itf
Reed
Deputy Clerk
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EXHIBIT A. Project Description
F. MAXIMUM SALES PRICE
If an abandoned or foreclosed-upon home or residential property is purchased, redeveloped,
or otherwise sold to an individual as a primary residence, then such sale shall be in amount
equal to or less than the cost to acquire and redevelop or rehabilitate such property up to a
decent, safe and habitable condition. The maximum sales price for a property is determined
by aggregating all costs of acquisition, rehabilitation, and redevelopment (including released
activity delivery costs, which generally include, among other things, costs related to the sale
of the property). Note that the maximum sales price may not exceed the current market
value of the unit as established by an appraisal. Note that for disposition neither the County
nor the Developer are required to perform the appraisal in conformance with the NSP Policy
Alert entitled "Guidance on NSP Appraisals: Voluntary Acquisitions March 15, 2012". The
associated guidance is required only when acquiring real property with federal funds. While
the NSP1 program does not require an appraisal be done when disposing of property, the
County will require the Developer to perform an appraisal to ensure that the market price is
appropriate, however this disposition appraisal is not subject to the NSP Policy Alert
entitled "Guidance on NSP Appraisals: Voluntary Acquisitions", and may be completed
beyond the time period of 60 days.
Remainder of Page Left Intentionally Blank
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EXHIBIT C. Land Bank Plan
Neighborhood Stabilization Program
Land Bank Report and Recommendations
Collier County, Florida
October 25, 2013
Report by Gladys Schneider
TDA TA NSP3-018-1
Contents
Overview 6
Current Status 6
Summary of Recommendations 7
Land Bank Plan Guidelines 7
Goal of the Land Bank 7
National Objectives 8
Land Bank Oversight 8
Ten Year Limitation on NSP Land Bank Properties 8
Side Lot Disposition 9
Future acquisition of properties for the Land Bank 9
Responsibilities and Requirements 9
APPENDIX 1 10
APPENDIX 2 10
APPENDIX 3 10
S1Page 3
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Overview
This report presents the results of technical assistance provided to Collier County in the
consideration of forming an NSP Land Bank in conjunction with Habitat for Humanity of Collier
County (Habitat). Several discussions were held with County Staff and Habitat representatives,
and both provided documents for the review of land bank policies, developer agreements, and
current land bank inventory. This report provides information on the current situation,
recommendations, and proposed land bank plan guidelines. Appendices provide the land bank
inventory in the format that would be included in the Land Bank Plan, a summary of the Collier
County and Habitat for Humanity NSP plans and agreements and a summary of NSP regulatory
citations regarding land banks.
Current Status
Collier County authorized the formation and operation of a land bank in its Neighborhood
Stabilization Program (NSP). Habitat currently holds title to vacant residential lots that were
purchased with Collier County NSP1 funds. As the program near completion, the County and
Habitat need to develop specific program policies to carry out the Land Bank strategy that was
authorized in the NSP program. The inventories of properties proposed for the NSP Land Bank
are included in Appendix 1.
Collier County's NSP1 Substantial Amendment provides for the formation and operation of a
land bank (Appendix 2). If enacted, the County would adopt a Land Bank Plan and enter into
agreement with Habitat for Humanity to implement the program. Generally speaking, the Land
Bank Plan is designed to carry out the goals of the Neighborhood Stabilization Program (NSP)
with the purpose of removing blight, providing affordable housing, and promoting
redevelopment and revitalization. The Housing and Economic Recovery Act of 2008 (Division
B, Title III) is the authorizing legislation for land banks as an eligible use of NSP funding with
certain limitations. Under this legislation, a Land Bank is defined as:
Land bank: A land bank is a governmental or nongovernmental nonprofit entity
established, at least in part, 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 NSP, a land bank will operate in a specific, defined
geographic area. It will purchase properties that have been 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 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. (see Appendix 3 for further
regulatory background on land banks)
A Land Bank Plan is an NSP requirement if the County intends to close out its NSP grant and
there are NSP assisted properties that have not yet been obligated to an end use that meets one of
the NSP applicable National Objectives. By adopting a Land Bank Plan, the County will be able
to close out its NSP grants if other close-out requirements are met. A Land Bank Plan will
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.rovide •uidance to both .arties to ensure that or().ram re'uirements are met and the .ro•osed
schedule has proper oversight.
Since Habitat already holds title to the NSP properties, the NSP1 Substantial Amendment
includes a Land Bank Strategy, there is already a framework for moving forward. Habitat will
administer the Land Bank and report to the County on the activities and disposition of the
properties. The Land Bank Plan addresses the NSP1 properties and defines the specific end use
for their disposition and the national objective that will be met. The Land Bank guidelines can
be included in the Developer Agreements with Habitat, or by a separate agreement.
Summary of Recommendations
The County should proceed with a Land Bank Plan and Agreement with Habitat for Humanity to
guide the completion of the 4 remaining properties that would be included in the land bank
program. The County will not need to revise its NSP1 Substantial Amendment as it included
Eligible Use C, Land Bank. The Developer Agreements between Habitat and the County
authorize land banking activities. There are nine NSP1 parcels- all single family residential
lots. Habitat intends to complete the NSP1 homes by the end of 2016. These schedules are
based upon buyer demand and market conditions. The relatively short anticipated timeframe
gives the County some flexibility- it could continue to oversee the eventual completion of the
homes under its current agreements, but would not be able to close out their NSP grants.
The adoption of a Land Bank Plan and Agreement with Habitat will enable the County to close
out their NSP grants if other requirements are complete. A Land Bank Plan would provide a
more formal understanding of what is to be completed and by when. There would be a basis for
extending the development timeframe if needed, since ten years holding time would be available
from the date of grant closeout. The Collier County program has the benefit of fewer scenarios
than other NSP land banks in that all of the properties are similar and will be obligated for the
development of affordable housing. Side lots, rezoning, re-platting, or other complexities are
absent from this situation resulting in a streamlined approach that will require a minimum of
administrative procedures. There was some mention that some of the lots may turn out to be
wetlands and unbuildable. That possibility is addressed in the guidelines suggested. Finally, the
County has a good working relationship with Habitat and the Land Bank Plan would be an
extension of that relationship to mutual benefit.
Land Bank Plan Guidelines
The following guidelines are intended to provide direction for the implementation of the NSP1
s ro.ram re'uirements as •art of the a.reement established between Collier Count and Habitat
for Humanity of Collier. It is recommended that these guidelines be included as an amendment
to the effective Developer Agreement between Collier County and Habitat for Humanity.
Goal of the Land Bank
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The goal of the Land Bank is to acquire, maintain and eventually dispose of NSP assisted
properties within a designated time frame to stabilize neighborhoods in specified geographic
areas in accordance with Neighborhood Stabilization Program rules and regulations.
National Objectives
The acquisition, rehabilitation, demolition and reconstruction of real property are eligible
activities with NSP funds, but the end use must also meet a National Objective. Acquisition and
demolition alone do not meet a national objective. By including an NSP property in a Land
Bank, a period of ten years holding is allowed under the program rules before a national
objective must be met. When all NSP grant activities have been completed, and remaining
parcels that have not yet met a national objective are placed in a Land Bank, the grantee may
close out their grant with HUD. This relieves the Grantee from ongoing grants administration
responsibilities, even though there may still be program income returning to the Grantee.
The following National Objectives are appropriate for the Collier County NSP Land Bank:
Housing Activities. LMMH. Providing or improving permanent residential structures
that will be serving individuals or households whose gross annual income does not
exceed 120% of the area median income adjusted for family size and as published
annually by HUD. Examples include acquisition, rehabilitation, demolition and
reconstruction of affordable homes.
Area Benefits. LMMA. Activities that benefit all of the residents of a primarily
residential area in which at least 51% of the residents have incomes at or below 120% of
the area median income. Examples include the donation or sale of a parcel for open
space or conservation.
Land Bank Oversight
The Collier County Department of Housing, Human and Veteran Services will have the
responsibility to monitor the implementation of the Land Bank Plan. Habitat for Humanity of
Collier County, Inc. will be responsible for the maintenance and disposition of the properties.
Ten Year Limitation on NSP Land Bank Properties
All land bank properties must meet a national objective within ten years of the closeout date of
the applicable NSP1 or NSP3 grant. Any properties that have not met a national objective will
immediately be used for CDBG purposes. Since there are no deed reversion clauses, this should
be included in the agreement with Habitat- the lots will revert in ten years if they have not met a
national objective.
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Side Lot Disposition
The Collier County Land Bank program does not foresee the sale, donation, or other transfer of
land bank properties to adjacent property owners.
Future acquisition of properties for the Land Bank
The Collier County Land Bank program does not foresee increasing the inventory of non-NSP
properties in the NSP Land Bank.
Responsibilities and Requirements
1. Habitat is responsible for all maintenance and expenses associated with the stewardship
of the land bank properties.
2. Habitat is responsible for all title and transfer expenses associated with the disposition of
the land bank properties.
3. Habitat will construct homes on buildable properties by the date specified. Purchasers
will be NSP eligible beneficiaries.
4. A minimum of 25% of the NSP funds expended will serve households with incomes at or
below 50% of the area median income, per Developer Agreements.
5. NSP1 funds are used for acquisition only. NSP3 funds can be used for acquisition and
demolition. Reconstruction and all other development, maintenance and transfer costs are
the responsibility of Habitat.
6. Habitat is responsible for reporting to the County on land bank activities and disposition
no less than once annually.
7. Habitat is entitled to a $5,500 per unit developer fee for NSP1 homes.
8. The feasibility for eventual development of the properties should be considered to
determine if all properties are suitable for residential construction. If not, the properties
shall be designated as open space or conservation and Habitat may negotiate a transfer to
either a public agency, a nonprofit organization, or may retain title along with full
maintenance responsibilities. In order to meet the Area Benefit rule, (LMMA), the use
must benefit all the residents of a primarily residential neighborhood in which at least
51% of the residents have incomes at or below 120% of the area median income.
Designation of the non-buildable properties as open space or conservation is an
appropriate area benefit use.
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APPENDIX 1
Land Bank Inventory
Parcel NSP Program Location/Address I Status End Use and Disposition
ID# National Obiective Date
NSPI Hallendale Lot 58 Vacant Single Family 12/31/2016
lot Ownership (LMMH)
NSP1 Hallendale Lot 59 Vacant Single Family 12/31/2016
lot Ownership (LMMH)
NSP1 Hallendale Lot 63 Vacant Single Family 12/31/2016
lot Ownership (LMMH)
NSPI 2183 41st S.W. Vacant Single Family 12/31/2016
lot Ownership (LMMH)
NSP1 5418 23`d Court Vacant Single Family 12/31/2016
S.W. lot Ownership (LMMH)
NSP1 2742 Storter Ave Vacant Single Family 12/31/2016
lot Ownership (LMMH)
NSP1 Lot 20 Dominion Vacant Single Family 12/31/2016
Dr. lot Ownership (LMMH)
NSPI 2883 62nd Ave N.E. Vacant Single Family 12/31/2016
lot Ownership (LMMH)
NSP1 4561 Dominion Dr. Vacant Single Family 12/31/2016
lot Ownership (LMMH)
APPENDIX 2
Land Banking Authority
Summary of Collier County NSP Plans and Developer Agreements with Habitat for
Humanity
NSP1 Substantial Amendment, Collier County
The NSP1 Substantial Amendment of 2009 includes a strategy for the formation and operation of
a land bank. The plan also includes a strategy for the demolition of land bank. Initial funding
levels for the land bank and demolition activities were $320,000 for acquisition and $12,750 for
demolition.
NSP1 Developer Agreement, Collier County and Habitat for Humanity of Collier County
The initial agreement executed 4-24-12 provided $231,000 to Habitat for developer fees for an
estimated 42 homes. The County would purchase the homes and deed them to Habitat. Habitat
was to perform the rehabilitation or reconstruction and sell the units to eligible buyers at their
own expense and receive a developer fee of$5,500 per unit.
The Agreement allows Habitat to perform NSP Eligible Activities A-E, which includes land
bank activities. Other provisions of the Agreement are as follows:
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- 25% of the total funding received would be allocated to meeting the low income set-aside
- The developer fee of$5,500 is payable upon sale.
- Habitat may retain all project proceeds
- Long term affordability is the minimum provided by the NSP statute
- The amendment of 2-12-13 reduced the number of units from 42 to 36 along with the
contract amount from $231,000 to $198,000
APPENDIX 3
NSP Statutory and Implementing Citations
NSP Land Bank Background Information (Unified NSP Notice- 75 FR 64322)
NSP Definition of Land Bank
A land bank is a governmental or nongovernmental nonprofit entity established, at least in part,
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, 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.
Eligible Uses (Housing and Economic Recovery Act) and NSP Closeout Notice (Nov. 27, 2012
288 FR 70799)
• Establish financing mechanisms for purchase and redevelopment of foreclosed upon
homes and residential properties, including such mechanisms as soft-seconds, loan loss
reserves, and shared-equity loans for low- and moderate-income homebuyers
• Purchase and rehabilitate homes and residential properties that have been abandoned or
foreclosed upon to sell, rent or redevelop such homes and properties
• Establish land banks for homes and residential properties that have been foreclosed
upon
• Demolish blighted structures
• Redevelop demolished or vacant properties
Eligible Activities (CDBG)
The NSP funds used for land banking must correlate with an eligible activity under 24 CFR
570.201(a) Acquisition& (b) Disposition:
A. Acquisition in whole or in part by the recipient, or other public or private nonprofit
entity, by purchase, long-term lease, donation, or otherwise, of real property
(including air rights, water rights, rights-of-way, easements, and other interests
therein) for any public purpose, subject to the limitations of Sec. 570.207.
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B. Disposition, through sale, lease, donation, or otherwise, of any real property acquired
with CDBG funds or its retention for public purposes, including reasonable costs of
temporarily managing such property or property acquired under urban renewal,
provided that the proceeds from any such disposition shall be program income subject
to the requirements set forth in Sec. 570.504. (Temporarily managing includes
maintenance, assembly, facilitating the redevelopment of, and marketing of land
banked properties. NSP funds may be used for basic, reasonable maintenance
intended to stabilize the property.)
NSP National Objectives
Each NSP activity must meet a National Objective. NSP national objectives include housing
activities (LMMH), area benefit activities (LMMA) and limited clientele activities (LMMC).
The Closeout Notice added one more- the jobs national objective (LMMJ). Since all of Collier
County's land bank parcels are residential, the LMMH and possibly the LMMA would be
applicable national objectives.
NSP Closeout Notice -Federal Register,November 27,2012 (288 FR 70799)
The Notice describes closeout requirements and additional regulations that apply to grantees
receiving grants under the three rounds of funding under the Neighborhood Stabilization
Program. Land Banks are addressed in several parts of the Closeout Notice.
I.A.4.c.(iii) The Closeout Agreement between the grantee and HUD must include "a list of real
property held in an NSP-assisted land bank", and (iv) if the grantee has assisted a land bank, a
plan detailing how the land bank will meet the 10 year maximum holding requirement of Section
II.E.2.d of the Unified NSP Notice and Appendix I, Section E.2.d of the NSP2 NOFA.
IA.2. The Unified NSP Notice was amended to require that grantees report at least annually on
the disposition of land bank properties.
I.A.2. The start date for the ten year maximum holding period will begin the date of the grant
closeout to meet an eligible redevelopment of the property in accordance with NSP requirements.
The grantee is required to obligate or otherwise commit the property for a specific use supporting
neighborhood stabilization.
II.A.2. HUD will provide further direction in reporting and tracking. (subsequent webinars have
provided guidance).
II.A.2(2)(b). Disposition of Land Bank Property. Properties in a land bank will be considered
obligated for redevelopment if the property is:
(1) Owned by a local government or nonprofit entity and identified under a Consolidated
Plan approved by HUD for a CDBG eligible public improvement such as parks, open
space or flood control;
(2) Owned by a community land trust to create affordable housing;
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(3) Transferred to and committed for any other use in the annual Action Plan, subject to all
CDBG regulations and no longer part of the NSP program;
(4) Designated for affordable housing in accordance with HERA and under development by
an eligible development entity which as control of the site and has expended
predevelopment funds;
(5) Included in a redevelopment plan that has been approved by the local governing body.
II.A.2.(2)(c). Any NSP assisted land bank properties remaining in the land bank ten years after
the date of grant closeout shall revert entirely to the CDBG program and must be immediately
used to meet a national objective or disposed of in accordance with CDBG use of real property
requirements at 24 CFR 570.505.
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16flg.
NEIGHBORHOOD STABILIZATION PROGRAM 3
AMENDMENT NO. 5 TO DEVELOPER AGREEMENT BETWEEN COLLIER
COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
CFDA: 14.218
.-h 2,0►9-
THIS AMENDMENT, made and entered into on this 2 day of J'nl t-, to the subject
agreement shall be by and between the parties to the original Agreement, 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, Collier County,Naples (hereinafter
called the "County" or"Grantee").
Statement of Understanding
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 amend the Agreement as follows:
Words Struck Through are deleted; Words Underlined are added:
(Dollar amounts have original underlines)
WITNESSETH:
I. Definitions
* * *
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. The NSP Policy Alert entitled "Guidance on
NSP Appraisals: Voluntary Acquisitions March 15, 2012" requires that
acquisition of real property using federal funds is subject to URA and the
additional NSP requirements that an appraisal be completed or updated within 60
days of a final offer made for the property by a grantee for the purpose of
acquisition. Appraisals for the disposition of property are not subject to the 60
day requirement for acquisitions. The Developer may complete appraisals
beyond the 60 days of final offer as previously defined.
*
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");
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and the appraisal must be completed or updated within 60 days of final offer made
for the property by a grantee, subrecipient, developer, or individual buyer. The 60
day requirement does not apply to the disposition of a property to a final
beneficiary. However, 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.
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
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Da es. , v'z l u( Tom emmng, Chai .
(SEA _')Attest as to Chairman's
r ,r Habitat for Humanity of Collier County, Inc.
first Witness A Florida not-for-profit corporation
Jee F '? ' (
TType/print witness nameT Print:4,//c/4 /ye z
/ Title: _ (1.
Second Witness
COMatt262___ Approved as to form and legality:
TType/print witness nameT
Je)fer A. elp*,k
Assistant County A orney � p.,
Item#
Agenda 1,, lad'
Date
Date b(a,1.1
Recd
Deputy Clerk
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1605
EXHIBIT A. Project Description
F. MAXIMUM SALES PRICE
If an abandoned or foreclosed-upon home or residential property is purchased,
redeveloped, or otherwise sold to an individual as a primary residence, then such
sale shall be in amount equal to or less than the cost to acquire and redevelop or
rehabilitate such property up to a decent, safe and habitable condition. The
maximum sales price for a property is determined by aggregating all costs of
acquisition, rehabilitation, and redevelopment (including released activity delivery
costs, which generally include, among other things, costs related to the sale of the
property). Note that the maximum sales price may not exceed the current market
value of the unit as established by an appraisal. Note that for disposition neither the
County nor the Developer are required to perform the appraisal in conformance with
the NSP Policy Alert entitled "Guidance on NSP Appraisals: Voluntary Acquisitions
March 15, 2012". The associated guidance is required only when acquiring real
property with federal funds. While the NSP1 program does not require an appraisal
be done when disposing of property, the County will require the Developer to
perform an appraisal to ensure that the market price is appropriate, however this
disposition appraisal is not subject to the NSP Policy Alert entitled "Guidance on
NSP Appraisals: Voluntary Acquisitions", and may be completed beyond the time
period of 60 days.
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