Loading...
Agenda 06/13/2017 Item #11B06/13/2017 EXECUTIVE SUMMARY Recommendation to prepare for closeout of the Neighborhood Stabilization Programs (NSP) 1 and 3 by amending the associated Developer Agreements with Habitat for Humanity of Collier County, Inc. to expend remaining funds in each line of credit resulting from the generation of program income. OBJECTIVE: To provide for closeout of the NSP programs. CONSIDERATIONS: On December 13, 2011, the Board of County Commissioners (BCC) approved an NSP exit strategy and associated implementation action with the purpose of extricating the County from daily operations of the Program. The Developer chosen to implement the exit strategy, Habitat for Humanity, completed NSP3 and has one property remaining for development in the NSP1 that is in the permitting stages. The grantor agency, Housing and Urban Development (HUD) provided close out instructions to all recipients of the NSP funding. The HUD Miami field representative contacted Community and Human Services (CHS) in April 2017 to begin the closeout process, noting the County had remaining funds in the lines of credit for both programs to expend. This situation arose because the program activities generated program income that must be expended and drawn down before funds from the line of credit can be used/drawn. As part of this exit strategy, CHS, informed the BCC that a plan would be brought back for consideration in the event program income was generated from the activities associated with the administration of the program. HUD advised that the unspent funds are at risk for recapture to the federal treasury at any time, without notice. However, they did encourage expenditure of these funds if possible. Staff recognizes the need for additional housing that is affordable in our community and has developed a strategy to move forward to expend the funds while also mitigating any risk to the County should the funds be recaptured before expenditure and drawn down from the federal line of credit. The strategy is to award the remaining funds to the existing Developer, Habitat for Humanity, to acquire additional properties to rehabilitate and resell them to income-qualified individuals in our community. Via contract amendment terms, the Developer would accept 100% of the risk associated with a federal fund recapture before expenditure and drawn down of the funds. In other words, if the funds are swept back to the treasury at any time before the closing on the purchase of the additional lots, Habitat will agree to acquire them at that their expense and not seek reimbursement from the County. To further expedite the recommended acquisitions, the amendments also provide for a wire transfer of funds at the time of closing, rather than a subsequent reimbursement process that can take 30 - 60 days. HUD allows the grantee, Collier County, to draw funds from the treasury line of credit no more than three days in advance of disbursement to the Developer. The use of wire transfer shortens the time frame for the transactions, and therefore further decreases risk. All NSP related activities must be performed in accordance with the NSP program guidelines and for the established eligible uses. The guidelines require the purchase of vacant, abandoned, or foreclosed properties. The original 2009 eligible census tracts identified in the NSP Admin Plan targeted under NSP1 and NSP3 will remain as the areas designated as the target areas. Upon recent review, there are available properties meeting these requirements. Amendments to each of the Habitat for Humanity agreements are presented for consideration to implement this recommended closeout strategy. On April 24, 2012 the BCC approved two developer 11.B Packet Pg. 253 06/13/2017 agreements with Habitat for Humanity for the NSP1 and NSP3 programs, and subsequent amendments were made to each. Per the terms of the original NSP1 Developer Agreement, Collier County conveyed thirty-six properties to Habitat to be rehabilitated and sold to income-qualified buyers; this has occurred. This proposed NSP1 amendment will provide $632,195 to allow for the purchase of two eligible properties for eligible buyers in the 0-120% AMI range. The original NSP3 Developer agreement provided funding to purchase, rehabilitate, and resell 30 properties; this has occurred. The proposed NSP3 amendment will provide $215,293 to purchase one eligible property for eligible buyers in the 0-120% AMI range. Upon disbursement of the remaining NSP 1 and NSP 3 funds and eligible beneficiaries occupying the homes, Collier County will be able to request program close out from HUD. FISCAL IMPACT: Approval of this item will change the funding allocated from the previously approved agreements. NSP 1 will receive an additional $632,195 and NSP 3 will receive an additional $215,293. Funds are located in Human Services Grant Fund 121, Project 33050 (NSP1) and Fund 705, Project 33150 (NSP3). LEGAL CONSIDERATIONS: This item is approved for form and legality, and requires majority vote for Board approval. - JAB GROWTH MANAGEMENT IMPACT: The Neighborhood Stabilization Program facilitates the goals, objectives, and policies set forth in the Housing Element of the Growth Management Plan. RECOMMENDATION: To prepare for closeout of the NSP1 and NSP3 by amending the associated Developer Agreements with Habitat for Humanity of Collier County, Inc. Prepared By: Tom Calderon, Grants Coordinator, Community and Human Services ATTACHMENT(S) 1. [Linked] NSP 3 & Prior Amendments (PDF) 2. [Linked] NSP 1 & Prior Amendments (PDF) 3. NSP 3 Final Executed (PDF) 4. NSP 1 Final Executed (PDF) 11.B Packet Pg. 254 06/13/2017 COLLIER COUNTY Board of County Commissioners Item Number: 11.B Doc ID: 3211 Item Summary: Recommendation to prepare for closeout of the Neighborhood Stabilization Programs (NSP) 1 and 3 by amending the associated Developer Agreements with Habitat for Humanity of Collier County Inc. to expend remaining funds in each line of credit resulting from the generation of program income. (Kim Grant, Community and Human Services Division Director) Meeting Date: 06/13/2017 Prepared by: Title: – Community & Human Services Name: Tomas Calderon 05/15/2017 11:07 AM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 05/15/2017 11:07 AM Approved By: Review: Public Services Department Kimberley Grant Additional Reviewer Completed 05/17/2017 12:11 PM Public Services Department Joshua Hammond Additional Reviewer Completed 05/22/2017 1:24 PM Community & Human Services Kristi Sonntag Additional Reviewer Completed 05/22/2017 1:29 PM Public Services Department Sean Callahan Additional Reviewer Completed 05/22/2017 2:16 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 05/22/2017 4:03 PM Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 05/23/2017 2:49 PM Grants Erica Robinson Level 2 Grants Review Completed 05/23/2017 3:32 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 05/24/2017 1:50 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 05/24/2017 4:28 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/25/2017 10:48 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/25/2017 10:59 AM Budget and Management Office Ed Finn Additional Reviewer Completed 05/30/2017 11:13 AM Grants Therese Stanley Additional Reviewer Completed 06/02/2017 10:27 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/04/2017 11:26 AM Board of County Commissioners MaryJo Brock Meeting Pending 06/13/2017 9:00 AM 11.B Packet Pg. 255 11.B.3 Packet Pg. 256 Attachment: NSP 3 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.3 Packet Pg. 257 Attachment: NSP 3 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.3 Packet Pg. 258 Attachment: NSP 3 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.3 Packet Pg. 259 Attachment: NSP 3 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.3 Packet Pg. 260 Attachment: NSP 3 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.3 Packet Pg. 261 Attachment: NSP 3 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.3 Packet Pg. 262 Attachment: NSP 3 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.3 Packet Pg. 263 Attachment: NSP 3 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.3 Packet Pg. 256 Attachment: NSP 3 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.3 Packet Pg. 257 Attachment: NSP 3 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.3 Packet Pg. 258 Attachment: NSP 3 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.3 Packet Pg. 259 Attachment: NSP 3 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.3 Packet Pg. 260 Attachment: NSP 3 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.3 Packet Pg. 261 Attachment: NSP 3 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.3 Packet Pg. 262 Attachment: NSP 3 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.3 Packet Pg. 263 Attachment: NSP 3 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.4 Packet Pg. 264 Attachment: NSP 1 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.4 Packet Pg. 265 Attachment: NSP 1 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.4 Packet Pg. 266 Attachment: NSP 1 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.4 Packet Pg. 267 Attachment: NSP 1 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.4 Packet Pg. 268 Attachment: NSP 1 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.4 Packet Pg. 269 Attachment: NSP 1 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.4 Packet Pg. 270 Attachment: NSP 1 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.4 Packet Pg. 271 Attachment: NSP 1 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.4 Packet Pg. 272 Attachment: NSP 1 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.4 Packet Pg. 273 Attachment: NSP 1 Final Executed (3211 : NSP 1 and 3 Amendments) 11.B.4 Packet Pg. 274 Attachment: NSP 1 Final Executed (3211 : NSP 1 and 3 Amendments) r NEIGHBORHOOD STABILIZATION PROGRAM 1 CFDA No. 14.218 DEVELOPER AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. (NSP -1) THIS AGREEMENT, made and entered into on this day of it , 2012, by and between Collier County, a political subdivision of the State of Florida, hav ng its principal office at 3299 Tamiami Trail East, Naples, Florida 34112 (hereinafter called the "GRANTEE"), and Habitat for Humanity of Collier County, Inc., a private not-for-profit corporation, existing under the laws of the State of Florida, having its principal office at 11145 Tamiami Trail East, Naples, Florida 34113 (hereinafter called the "DEVELOPER") to undertake the Neighborhood Stabilization Program ("NSP -1 ") as approved by the Collier County Board of County Commissioners. WITNESSETH WHEREAS, the GRANTEE is the recipient of Neighborhood Stabilization Program Funds from the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, the DEVELOPER has submitted a letter of intent, dated December 2, 2011 and incorporated herein by reference, to enter into a partnership with GRANTEE to undertake an NSP -1 -eligible PROJECT; NOW, THEREFORE in consideration of the mutual covenants and obligations herein contained, including the Attachments, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: I. Definitions Unless specifically provided otherwise or the context otherwise requires, when used in this Agreement: 1. "Abandoned" refers to homes or residential properties that either a) mortgage, tribal leasehold, or tax payments are at least 90 days delinquent, or b) a code enforcement inspection has determined that the property is not habitable and the owner has taken no correction actions within 90 days of notification of the deficiencies, or c) the property is subject to a court-ordered receivership or nuisance abatement related to abandonment pursuant to state or local law or otherwise meets a state definition of an abandoned home or residential property. 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. 3. 'Blighted structure" means a structure that exhibits objectively determinable signs of deteripration sufficient to constitute a threat to human health, safety, and public welfare as more particularly described in Section 163.340(8), Florida Statutes. Page 1 of 41 4. "CDBG Act" means the Housing and Community Development Act of 1974, Pub. L. No. 93-383, as amended. Unless otherwise noted in the Housing and Economic Recovery Act ("HERA"), as amended, and the alternative requirements in the NSP Notices, NSP -1 is governed by the CDBG regulations. 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 a final offer made for the property by a grantee, subrecipient, developer, or individual buyer. 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. 6. "Eligible Costs" means costs for the activities specified in Exhibit A of this Agreement for which NSP -1 funds are budgeted, provided that such costs (i) are incurred in connection with any activity which is eligible under HERA and Section 105A of Title I of the CDBG Act, and (ii) conform to all NSP -1 requirements. 7. "Environmental Requirements" means the requirements described in 24 CFR Part 58. 8. "Foreclosed" refers to a home or residential property if any of the following conditions apply: (a) the property's current delinquency status is at least 60 days delinquent under the Mortgage Bankers of America delinquency calculation and the owner has been notified; (b) the property owner is 90 days or more delinquent on tax payments; (c) under state, local, or tribal law, foreclosure proceedings have been initiated or completed; or (d) foreclosure proceedings have been completed and title has been transferred to an intermediary aggregator or servicer that is not an NSP -1 grantee, contractor, subrecipient, developer, or end user. 9. "HERA" means the Neighborhood Stabilization Program ("NSP -1") found in Title III of Division B of the Housing and Economic Recovery Act of 2008, as amended. 10. "HUD" means the United States Department of Housing and Urban Development. 11. "Land bank" means 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 -1, 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. 12. "LMMI" is a HUD -defined term incorporating households with eligible incomes (at or below 120% of area median, based on household size and county), including low-, moderate-, and middle-income, in referring to the national objective of the CDBG program. 13. "Low -Income Set -Aside" refers to the HERA requirement that not less than 25 percent of the funds NSP -1 funds to the GRANTEE shall be used for the purchase and redevelopment of abandoned or foreclosed upon homes or residential properties that will provide permanent housing to individuals or families whose incomes do not exceed 50 percent of area median income. Page 2 of 41 14. "NSP Notice" refers to the alternative requirements for NSP -1 issued by HUD in the Federal Register on October 6, 2008, as modified in the Bridge Notice issued on June 19, 2009, and the Unified Notice issued on October 19, 2010. 15. "NSP -1 Funds" mean those funds to be provided by the GRANTEE pursuant to the terms of this Agreement, as specified in Section II of this Agreement. 16. "Program Income" means the NSP -1 portion of any proceeds received by the DEVELOPER and repaid to the GRANTEE. 17. "PROJECT" means the activities described in Exhibit A of this Agreement which are to be carried out to meet the objectives of the NSP -1. 18. "Purchase Discount" means the minimum discount percentage from the current market- appraised value under which a property may be purchased. Under HUD Notice FR -5255—N-02, the purchase discount for NSP -1 is "at least 1 percent from the current market -appraised value of the home or property." 19. "Vacant properties" includes both vacant land and properties with vacant structures on the land. 11. Terms and Conditions of the Funding A. Funding Amount — NSP -1 Funds in the amount of Two Hundred Thirty One Thousand and 001100 Dollars ($231,000) are obligated for use in compliance with this agreement, as reflected in the budget in Exhibit B. 1. These amounts represent an allocation of the GRANTEE's NSP -1 funding contingent upon DEVELOPER performance and not an entitlement to a certain grant amount, and shall only be disbursed for approved costs. 2. Approved budget — The approved budget is attached to this agreement as Exhibit B. It is understood and agreed that funds will be used according to the approved budget. 3. Activity Limitations — In implementing projects, DEVELOPER shall undertake only those activities permitted by this agreement, and comply with all provisions of this agreement, including the project requirements in Section III, as they may be modified by HUD. B. Cost Limits — All uses of NSP funds are subject to the approval of the GRANTEE. 1. Cost Limits on Individual Properties — The cost and assistance limits checked below apply to every property assisted with NSP -1 funds under this agreement, unless otherwise approved by GRANTEE. ® Developer fee allowed per property $5,500 C. Sale to Buyers — All properties under this agreement, unless such property will serve an non -development use as described in Exhibit A, shall be sold to eligible buyers in accordance with the provisions of this section. 1. Eligible Buyers — Eligible homebuyers must be determined to be income -eligible in compliance with incomes not exceeding 120% area median income. 2. Sales Price — Sales prices must be in compliance with the price limits in Section III.E, and the sales price of each property must be approved by GRANTEE. 3. Income Certification and Documentation — Every purchaser shall be determined to be eligible according to the requirements at 24 CFR 570.5. Page 3 of 41 4. Net Proceeds of Sale — Upon sale of an NSP -1 -funded home, DEVELOPER will retain all net proceeds for future use as approved by GRANTEE. Such future use must be for an NSP -eligible activity. GRANTEE has explicitly elected to forgo recapture of any and all net proceeds and to have such net proceeds remain with DEVELOPER. 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. 1. Occupied properties — If the PROJECT is occupied at the time of this commitment, the DEVELOPER will comply with the relocation requirements of 24 CFR 570.606. B. Construction/rehabilitation — For any construction or rehabilitation in this project, DEVELOPER will comply with the provisions of Section VI. If this project involves the construction or rehabilitation of properties with 8 or more units, the DEVELOPER shall comply with the provisions of the Davis -Bacon Act and regulations (29 CFR, Part 5), as amended. If the building or commonly owned development (e.g. condo or townhouse) has 8 or more units, Davis Bacon is applicable, even if NSP -1 funds only treat one unit. C. Demolition - Primary structures on properties contributed to DEVELOPER may not be demolished unless they are declared as blighted by GRANTEE. Such declarations by GRANTEE shall be made in conformance with the definition contained in Section 163.340(8), Florida Statutes. D. Property Standards — The DEVELOPER will carry out all NSP -1 -assisted activities in accordance with applicable laws, codes, and other requirements relating to housing safety, quality, and habitability, in order to sell, rent, or redevelop such homes and properties. 1. Rehabilitation Standards — DEVELOPER will carry out all NSP -1 -assisted rehabilitation of a foreclosed -upon home or residential property in compliance with the rehabilitation standards in the GRANTEE's NSP -1 substantial amendment, and in accordance with applicable laws, codes, and other requirements relating to housing safety, quality, and habitability. 2. Lead-based paint — The DEVELOPER agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.487 or 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all NSP -1 - assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead- based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on Page 4 of 41 the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. 3. Accessibility — The DEVELOPER shall work with any homebuying household that includes a person with disabilities to provide accessibility modifications required under the policy of reasonable accommodations and reasonable modifications. All such modifications shall be considered to be eligible NSP -1 costs under this Agreement. E. Maximum Sales Price — The final sales price shall not exceed the amount permitted by the NSP -1 requirements listed below: 1. If an abandoned or foreclosed upon home or residential property is to be sold to an Individual as a primary residence, no profit may be earned on such sale. 2. HERA Section 2301(d)(2) directs that the sale of such property shall be in an amount equal to or less than the cost to acquire and redevelop or rehabilitate such home or property up to a decent, safe, and habitable condition. Further, the sale price must be the lesser of the post -development fair market value or the acquisition/redevelopment cost. 3. The maximum sales price for a property is determined by aggregating all costs of acquisition, rehabilitation, and redevelopment (including related activity delivery costs, which generally include, among other things, costs related to the sale of property). 4. In determining the sales price, the GRANTEE will NOT consider the costs of boarding up, lawn mowing, maintaining the property in a static condition, or, in the absence of NSP -1 -assisted rehabilitation or redevelopment, the costs of completing a sales transaction or other disposition to be redevelopment or rehabilitation costs. F. Sale and Occupancy — All of the properties made available under this Agreement shall be used with respect to: 1. Buyer Qualification — All buyers of NSP -1 -assisted units shall be individuals and families whose incomes do not exceed 120% of area median income (referred to as "low-, moderate- and middle-income", or LMMI). DEVELOPER shall verify and document income eligibility of all buyers in compliance with 570.203(a) definition of "Income." a. Low -Income Set -Aside (if applicable) — If applicable, the DEVELOPER must expend at least the amount of set-aside funding identified in Exhibit A of this Agreement to create permanent housing for households with incomes at or below 50% of area median. The DEVELOPER may choose to expend more than the set-aside amount from NSP -1 funds allocated within Eligible Uses A and B, but within the total NSP -1 award covered by this agreement, and doing so will not require an amendment to this Agreement. 2. Counseling Requirement— Each NSP -1 -assisted homebuyer is required to complete at least eight hours of homebuyer counseling from a HUD -approved housing counseling agency or a counselor approved by the GRANTEE. 3. First Mortgage — DEVELOPER must ensure that homebuyers obtain a mortgage loan from a lender who agrees to comply with the bank regulators' guidance for non- traditional mortgages. DEVELOPER is prohibited from permitting homebuyers to obtain subprime mortgages for whom such mortgages are inappropriate. 4. Affordability Period — All NSP -1 -assisted units must adhere to the affordability Page 5 of 41 provisions as listed in Exhibit A-2, which is based upon the total amount of NSP -1 funds provided per unit. a. Affordability periods must be enforced utilizing a mortgage, promissory note and, where applicable, deed restriction. b. The Affordability Period is a minimum standard, and DEVELOPER may propose a longer Affordability Period. G. Project Monitoring and Recordkeeping — The DEVELOPER will be monitored by the GRANTEE for compliance with the NSP -1 requirements and the applicable CDBG regulations of 24 CFR Part 570. The DEVELOPER will provide reports and access to project files, including homebuyer files, as requested by the GRANTEE during the PROJECT and for five (5) years after completion and closeout of the AGREEMENT as required under Section VIII of this Agreement. IV. GRANTEE Responsibilities A. GRANTEE is responsible for the following tasks and deliverables. B. The GRANTEE shall furnish the DEVELOPER with information regarding requirements for the project, including any changes in NSP -1 regulations or program limits that affect the project, including but not limited to income limits. C. Environmental Review — GRANTEE will complete environmental assessments and provide clearances for all NSP -1 target areas, as well as approvals of site-specific environmental reviews. DEVELOPER will provide all information required by GRANTEE. D. Inspections — The GRANTEE will conduct progress inspections of work completed and review of project files and information to protect its interests and regulatory authority for the project, and will provide information to the DEVELOPER regarding any progress inspections or monitoring to assist it in ensuring compliance. The GRANTEE's review and approval will relate only to overall compliance with the general requirements of this Agreement and NSP -1 requirements, and all GRANTEE regulations and ordinances. E. Reporting — GRANTEE will report to HUD via the Disaster Recovery Grant Reporting System (DRGR) system and on www.FederalReporting.gov in a timely manner as required by HUD. F. Monitoring — GRANTEE will monitor all program activities of DEVELOPER to assure compliance with the terms of this Agreement including all NSP -1 requirements. G. Nothing contained herein shall relieve the DEVELOPER of any responsibility as provided under this Agreement. V. Disbursement of Funds A. Requests for payment of developer fees must be submitted by the DEVELOPER on forms specified by the GRANTEE, with adequate and proper documentation. The DEVELOPER agrees to submit requests for payment in a timely manner in the form and times directed by the GRANTEE. B. The GRANTEE will pay to the DEVELOPER funds available under this Agreement based upon information submitted by the DEVELOPER and consistent with any approved budget and GRANTEE policy concerning payments. Page 6 of 41 C. The GRANTEE reserves the right to inspect records and project sites to determine that compensation requests are reasonable. The GRANTEE also reserves the right to hold payment until adequate documentation has been provided and reviewed. D. The GRANTEE shall pay the DEVELOPER as maximum compensation for the developer services as provided in the approved Budget in Exhibit B. If multiple projects or buildings are involved, the developer fee may be pro -rated to each building or project, and the applicable percentage may be applied to each. VI. Contracting, Labor & Hiring Provisions During the performance of this contract, the DEVELOPER agrees as follows: A. The DEVELOPER will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin(s). The DEVELOPER will take affirmative action to ensure the applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origins). Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The DEVELOPER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer of the GRANTEE setting forth the provisions of this nondiscrimination clause. B. The DEVELOPER will, in all solicitations or advertisements for employees placed by or on behalf of the DEVELOPER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The DEVELOPER will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. D. The DEVELOPER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the GRANTEE and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and order. In the event the DEVELOPER is found to be in noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the DEVELOPER may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965 or by rule, regulations, or order of the Secretary of Labor or as otherwise provided by law. E. The DEVELOPER will include the provisions of this Section in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The DEVELOPER will take such action with respect to any subcontract or purchase order as the GRANTEE may direct as a means of enforcing such provisions, including sanctions for noncompliance; Page 7 of 41 provided, however, that in the event the DEVELOPER becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the GRANTEE, the DEVELOPER may request the United States to enter into such litigation to protect the interest of the United States. F. The DEVELOPER agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. G. The DEVELOPER agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act, as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. H. The DEVELOPER agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The DEVELOPER shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the GRANTEE for review upon request. I. The DEVELOPER will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group developers or women. The DEVELOPER may rely on written representations by businesses regarding their status as minority and women -owned business enterprises in lieu of an independent investigation. J. The DEVELOPER agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the GRANTEE pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the DEVELOPER of its obligation, if any, to require payment of the higher wage. The DEVELOPER shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. The DEVELOPER shall comply with the provisions of the Copeland Anti -Kick -Back Act (18 U.S.C. 874) as supplemented in Labor Regulations (29 CFR Part 3), as amended. K. Compliance with the provisions of Section 3 of the Housing and Urban Development Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the GRANTEE, the DEVELOPER and any of the DEVELOPER's contractors Page 8 of 41 and subcontractors. The DEVELOPER certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 1. The DEVELOPER further agrees to comply with these Section 3 requirements and to include the following language in all subcontracts executed under this Agreement; "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." 2. The DEVELOPER further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the NSP -1 -funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants In other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the NSP -1 -funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. 3. The DEVELOPER further warrants and agrees to include or cause to be included the criteria and requirements of this Section in every non-exempt subcontract in excess of $100,000. The DEVELOPER also agrees to take such action as the federal, state or local government may direct to enforce aforesaid provisions. Al. Compliance with Other Federal, State & Local Laws A. The DEVELOPER covenants and warrants that it will comply with all applicable laws, ordinances, codes, rules and regulations of the state local and federal governments, and all amendments thereto. B. Environmental review — All NSP -1 assistance is subject to the National Environmental Policy Act of 1969 and related federal environmental authorities and regulations at 24 CFR Part 58. 1. A copy of the Environmental Review Record shall be maintained by both the DEVELOPER and the GRANTEE. C. Flood Disaster Protection — In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the DEVELOPER shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Page 9 of 41 Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation.) D. Historic Preservation — The DEVELOPER agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. E. The DEVELOPER agrees to comply with applicable state and local civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended (the HCDA), Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086, and will include the provisions in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its contractors and subcontractors. F. The DEVELOPER agrees to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). G. The DEVELOPER agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the United States Code. The DEVELOPER is prohibited from using funds provided herein or personnel employed in the administration of the program for inherently religious activities, lobbying, political patronage, and nepotism activities. H. Conflict of Interest — The provisions of 24 CFR 570.611, apply to the award of any contracts under the agreement and the selection of buyers for NSP -1 -assisted units. No member or Delegate to the Congress of the United States shall be permitted to any share or part of this contract or any benefit hereunder. No member, officer or employee of the GRANTEE; or its designees, or agents; or member of the GRANTEE Council of the GRANTEE; and no other public official of the GRANTEE who exercises any functions or responsibilities with respect to the program during his tenure or for one (1) year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed under this agreement. Exceptions must be requested by the DEVELOPER and the GRANTEE may grant exceptions as permitted by Regulation. VIII. Reporting, Monitoring & Access to Records A. The DEVELOPER agrees to submit any and all reports required by HUD or the GRANTEE. Additional reporting information is contained in Exhibit A-4 through A-7, inclusive. B. The DEVELOPER shall collect and maintain Project beneficiary information pertaining to household size, income levels, racial characteristics, and the presence of Female Headed Households in order to determine low and moderate -income benefit in a cumulative and Individual manner. Income documentation shall be in a form consistent with NSP -1 requirements. Page 10 of 41 C. The DEVELOPER agrees to provide the GRANTEE access to records and projects at any time during project implementation or for five years after project closeout for purposes of verifying compliance with NSP -1 requirements and this agreement. Access shall be immediately granted to the GRANTEE, HUD, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the DEVELOPER or its contractors which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. D. The GRANTEE reserves the right to audit the records of the DEVELOPER any time during the performance of this Agreement and for a period of five years after final payment is made under this Agreement. If required by A-133, the DEVELOPER will provide the GRANTEE with a certified audit of the DEVELOPER's records representing the Fiscal Year during which the PROJECT becomes complete. E. Project Closeout — The DEVELOPER's obligation to the GRANTEE shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, accounting for use of funds, provision of all reports and records required by the GRANTEE. IX. Suspension & Termination In accordance with 24 CFR 85.43, suspension or termination may occur if the DEVELOPER materially falls to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. A. If the DEVELOPER fails in any manner to fully perform and carry out any of the terms, covenants, and conditions of the agreement, or if the DEVELOPER refuses or fails to proceed with the work with such diligence as will insure its completion within the time fixed by the schedule set forth in this agreement, the DEVELOPER shall be in default and notice in writing shall be given to the DEVELOPER of such default by the GRANTEE or an agent of the GRANTEE. If the DEVELOPER fails to cure such default within such time as may be required by such notice, the GRANTEE may, at its option, terminate and cancel the contract. 1. In the event of such termination, all funds awarded to the DEVELOPER pursuant to this agreement shall be immediately revoked and any approvals related to the PROJECT shall immediately be deemed revoked and canceled. In such event, the DEVELOPER will no longer be entitled to receive any compensation for work undertaken after the date of the termination of this agreement, as the grant funds will no longer be available for this project. 2. In such event, the DEVELOPER shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder to the date of said termination. 3. Notwithstanding the above, the DEVELOPER shall not be relieved of liability to the GRANTEE for damages sustained by the GRANTEE by virtue of any breach of the contract by the DEVELOPER and the GRANTEE may withhold any payments to the DEVELOPER for the purpose of setoff until such time as the exact amount of damages due the GRANTEE from the DEVELOPER is determined whether by court of competent jurisdiction or otherwise. Pagel 1 of 41 4. Such termination shall not effect or terminate any of the rights of the GRANTEE as against the DEVELOPER then existing, or which may thereafter accrue because of such default, and the foregoing provision shall be in addition to all other rights and remedies available to the GRANTEE under the law and the note and mortgage (if in effect), including but not limited to compelling the DEVELOPER to complete the project in accordance with the terms of this agreement, In a court of equity. 5. The waiver of a breach of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, or condition hereof. The GRANTEE may terminate for its convenience this contract at any time by giving at least thirty (30) days notice in writing to the DEVELOPER. If the contract is terminated by the GRANTEE, as provided herein, the GRANTEE will reimburse for any actual and approved expenses incurred, including those costs involved in terminating the contracts and shutting down the work as of the date of notice, and the DEVELOPER will be paid as compensation an amount which bears the same ratio to the total compensation as the services actually performed bear to the total service of the DEVELOPER covered by this contract, less payments of compensation previously made. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stats. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. X. General Conditions A. All notices or other communication which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. Page 12 of 41 GRANTEE Collier County Board of County Commissioners ATTN: Housing, Human and Veteran Services 3339 Tamiami Trail E, Suite 211 Naples, Florida 34112 With a Copy to: Collier County Office of County Attorney ATTN: Jennifer White 3299 Tamlami Trail E, Suite 800 Naples, Florida 34112 DEVELOPER Habitat for Humanity of Collier County, Inc. 11145 Tamlami Trail East Naples, Florida 34113 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of a subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E. The GRANTEE's failure to act with respect to a breach by the DEVELOPER does not waive its right to act with respect to subsequent or similar breaches. The failure of the GRANTEE to exercise or enforce any right or provision shall riot constitute a waiver of such right or provision. F. The parties hereto agree that this Agreement shall be construed and enforced according to the laws of the State of Florida. G. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the GRANTEE, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. H. The obligations undertaken by DEVELOPER pursuant to this Agreement shall not be delegated or assigned to any other person or agency unless GRANTEE shall first consent to the performance or assignment of such service or any part thereof by another person or agency. The Agreement shall be binding upon the parties hereto, their heirs, executors, legal representative, successors and assigns. Page 13 of 41 J. DEVELOPER shall indemnify and save GRANTEE harmless from and against any negligent claims, liabilities, losses and causes of action which may arise out of DEVELOPER's activities under this Agreement, including all other acts or omissions to act on the part of DEVELOPER, including any person acting for or on its behalf, and, from and against any orders, judgments, or decrees which may be entered and from and against all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. K. DEVELOPER and its employees and agents shall be deemed to be independent contractors, and not agents or employees of the GRANTEE, and shall not attain any rights or benefits under the civil service or pension ordinances of the GRANTEE, or any rights generally afforded classified or unclassified employee; further they shall not be deemed entitled to state Compensation benefits as an employee of the GRANTEE. L. Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. 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. t.5"(t b ot ATTEST Dwigh E. Brock, Clerk of Courts N( Dated: S` Att�SEEAL) st%011 .,t'd-Chaltew App�f~. •and legal sufficiency: Assistant County Attorney First Witness R) i`c (, !Krlc1(a �Aet- 1 s T pe/print xVitiness name Second Witness Type/print witness name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman/2 y -io Habitat for Humanity of Collier County, Inc. A Florida not-for-p-rofit cwporatjen% By: Print: Title: Page 14 of 41 EXHIBIT A. Project Description A. GENERAL Developer will be provided ownership in certain real property acquired by the Grantee for the purpose of rehabilitation or redevelopment for disposition to NSP -eligible persons or families. The forty-two (42) properties associated with this Agreement consist of twenty- one (21) single-family residential dwelling units, eleven (11) two -to -four unit residential dwelling units, and ten (10) vacant residential parcels. The properties associated with this Agreement are more particularly described in Exhibit A-1. All costs associated with the transfer for the aforementioned properties from Grantee to Developer shall be borne by Developer. B. ELIGIBLE ACTIVITIES The following activities are eligible under this Agreement and are more thoroughly described in the NSP Notice. a. NSP -Eligible Use (A) -- 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. • As part of an activity delivery cost for an eligible activity as defined in 24 CFR 570.206. • Also, the eligible activities listed below to the extent financing mechanisms are used to carry them out. b. NSP -Eligible Use (B) — Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes and properties. 24 CFR 570.201(a) Acquisition, (b) Disposition, (i) Relocation, and (n) Direct homeownership assistance (as modified below): 0 24 CFR 570.202 eligible rehabilitation -and preservation activities for homes and residential properties. o HUD notes that any of the activities listed above may include required homebuyer counseling as an activity delivery cost. c. NSP -Eligible Use (C) — Establish and operate land banks for homes and residential properties that have been foreclosed upon. • 24 CFR 570.201(a) Acquisition and (b) Disposition o HUD notes that any of the activities listed above may include required homebuyer counseling as an activity deliver cost. d. NSP -Eligible Use (D) — Demolish blighted structures. • 24 CFR 570.201(d) Clearance for blighted structures only. e. NSP -Eligible Use (E) — Redevelop demolished or vacant properties as housing. Page 15 of 41 24 CFR 570.201(a) Acquisition, (b) Disposition, (c) Public facilities and improvements, (e) Public services for housing counseling, but only to the extent that counseling beneficiaries are limited to prospective purchasers or tenants of the redeveloped properties, (i) Relocation, and (n) Direct homeownership assistance (as modified below): 0 24 CFR 570.202 Eligible rehabilitation and preservation activities for demolished or vacant properties. 0 24 CFR 570.204 Community based development organizations. o HUD notes that any of the activities listed above may include required homebuyer counseling as an activity delivery cost. C. REHABILITATION OR REDEVELOPMENT NSP -assisted property subject to this Agreement shall be rehabilitated or redeveloped to the extent necessary to comply with applicable laws, codes, and other requirements relating to housing safety, quality, and habitability in order to sell, rent, or redevelop such homes and properties. Developer led rehabilitation is undertaken pursuant to 24 CFR 570.202(b)(1). New housing construction is undertaken pursuant to 24 CFR 570.204, or the NSP notice published on October 6, 2008, as amended. Pursuant to the Grantee's NSP -1 action plan, NSP -assisted property is required to meet or exceed local and state building codes; the current code applied in Collier County is 2007 Florida Building Code. Furthermore, HERA defines rehabilitation to include improvements to increase the energy efficiency or conservation of such homes and properties or to provide a renewable energy source or source for such homes and properties. Such improvement are also eligible under the regular CDBG program. Developer is subject to Section 504 of the Rehabilitation Act of 1973 and the Fair Housing Act, including their respective provisions related to physical accessibility standards for person with disabilities. See 24 CFR Part 8; 24 CFR 100.205; See also 24 CFR 570.487 and 24 CFR 570.602. D. LAND BANK PROPERTIES An NSP -assisted property may not be held in a land bank for more than 10 years without obligating the property for a specific, eligible redevelopment of that property in accordance with NSP requirements. Properties may be used for a development -related purpose, or for a non -development use in conformance with NSP regulations. Potential non -development uses may include urban agriculture, habitat restoration, reforestation, expansion of parklands, or other allowable options. Developer may elect to redevelop the land bank properties associated with this agreement, or employ a non -development use in conformance with NSP regulations. E. ELIGIBLE INCOME LEVELS OF BUYERS NSP -assisted property subject to the Agreement shall be used with respect to individuals and families whose income does not exceed 120 percent of area median income. However, not less than twenty-five (25) percent of the funds expended by Grantee in acquiring the properties subject to this Agreement shall be used to house individuals or families whose income do not exceed 50 percent of the area median income ("LH25 Requirement'). Page 16 of 41 To ensure compliance with the NSP LH25 Requirement, the following coordinated effort shall be used: Grantee shall provide to Developer, within 60 days of final execution of Agreement o Amount of funds expended by Grantee on the properties subject to this Agreement that must be used to house individuals or families whose income no not exceed 50 percent of the area median income; o Amount of NSP funds invested per property subject to this Agreement • Developer shall provide Grantee, within 60 days from receipt of the above information o Which properties shall be designated for the benefit of individuals or families whose income does not exceed 50 percent of the area median income Taken together, these actions will ensure that Grantee complies with the NSP LH25 Requirement and such resulting property designations shall become a part of this Agreement. 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 related 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. G. HABITAT FOR HUMANITY AFFILIATES Grantee hereby designates Habitat for Humanity of Collier County, Inc. as a Developer of the County's NSP. Pursuant to a HUD issued NSP Policy Alert titled "Guidance for Habitat for Humanity Affiliates," dated January 12, 2011, the following clarifications are hereby provided. a. DEVELOPER Developers are program beneficiaries and thus distinct from subrecipients, grantee employees, and contractors. Developers may receive NSP funds from the Grantee. Developer -led rehabilitation is undertaken pursuant to 24 CFR 570.202(b)(1). New housing construction is undertaken pursuant to 24 CFR 570.204, or the NSP notice published on October 6, 2008, as amended. Habitat for Humanity affiliates designated as developers: • Do not have to follow federal procurement rules; May charge developer fees; • Do not have to follow OMB Circulars; Page 17 of 41 • Are not required to treat revenues as program income b. SALES PRICE VALUATION In addition to the information contained above under "Maximum Sales Price," the cost of donated materials and professional services may also be included in the base for determining the maximum sales price under Section 2301(d)(3) of HERA. The cost of donated materials must be based on fair market value at the time of donation. Estimates of the value of unskilled or sweat -equity labor may not be included in the total development cost. Moreover, the costs of donated professional services and materials may not be reimbursed by the NSP grant. c. DEVELOPMENT SUBSIDY In some instances, the total development cost of rehabbed and/or newly constructed NSP units will be greater than the current market value of such unit. In such situations, NSP funds can be used to fill the appraisal gap, and will be considered a development subsidy. Grantee may not apply affordability instruments to NSP funds used as a development subsidy. This subsidy will be considered a "sunk cost" and is considered an eligible use of NSP funds. d. DETERMINATION OF NO UNDUE ENRICHMENT Pursuant to the terms and conditions of this Agreement, Developer shall be investing Developer's own funds, time, and effort when undertaking the project described herein. Furthermore, Developer is a not-for-profit provider of affordable housing. Based upon these facts, as well as the rules and regulations applicable to NSP, Grantee has determined that there is no undue enrichment should Developer recapture and retain the net proceeds from sale of properties assisted through this Agreement. H. INDEMNIFICATION To the maximum extent permitted by Florida law, the Developer shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Developer or anyone employed or utilized by the Developer in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. I. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee Page 18 of 41 of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c, immediate termination of any contract held by the individual and/or firm for cause. J. COSTS ASSOCIATED WITH THE CONVEYANCE OF PROPERTY Each party shall be responsible for payment of its own attorney's fees. The Developer shall be responsible for payment of the cost of recording the Statutory Deed(s) and the pro -rata share of the water, sewer, and garbage charges. The Developer shall be responsible to transfer associated utility accounts within 48 hours after the day of closing. Page 19 of 41 EXHIBIT A-1. Legal Descriptions The following site-specific list of properties is associated with this Agreement and ownership to such will be transferred from Grantee to Developer following all standard Collier County closing procedures. 1. Lot 52, Block B, Whispering Pines, a Subdivision of Lots 48 and 49 in Naples Grove and Truck Company's Little Farms #2, according to the Plat Thereof, as Recorded in Plat Book 4, Page 17, of the Public Records of Collier County, Florida. Parcel No. 81732120002 (2842 Barrett Avenue, Naples, FL 34112) 2. Lot 20, in Block 9, of Naples Manor Addition, according to the Plat thereof, as recorded in Plat Book 3, at Pages 67 and 68, of the Public Records of Collier County, Florida. Parcel No. 62097920005 (5378 Carlton Street, Naples, FL 34113) 3. Lot 5, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida; Parcel No. 62261280005 (5318 Gilchrist Street, Naples, FL 34113) 4. Lot 6, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida. Parcel No. 62261320004 (5322 Gilchrist Street, Naples, FL 34113) 5. Lot 7, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida. Parcel No. 62261360006 (5326 Gilchrist Street, Naples, FL 34113) 6. Lot 8, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida. Parcel No. 62261400005 (5330 Gilchrist Street, Naples, FL 34113) 7. Lot 9, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida. Parcel No. 62261440007 (5334 Gilchrist Street, Naples, FL 34113) 8. Lot 10, Block 12, Naples Manor Lakes, according to the plat thereof, recorded in Plat Book 3, Pages 86 and 87, of the Public Records of Collier County, Florida. Parcel No. 62261480009 (5340 Gilchrist Street, Naples, FL 34113) 9. Lot 19, Block A, Pine -View Villas, according to the Plat thereof, recorded in Plat Book 9, Page 49, of the Public Records of Collier County, Florida. Parcel No. 67490760003 (4308 Rose Avenue, Naples, FL 34112) 10. Lot 3, and the East 28 Feet of Lot 4, Block 3, Burdale, according to the Map or Plat thereof, as recorded in Plat Book 4, Page 2, of the Public Records of Collier County, Florida. Parcel No. 25081280002 (2522 Linwood Avenue, Naples, FL 34112) 11. Lot 33, Block 188, Golden Gate, Unit 6, according to the Plat thereof, as recorded in Plat Book 5, Pages 124- 134, of the Public Records of Collier County, Florida. Parcel No. 36304720005 (2049 55th Terrace SW, Naples, FL 34116) Page 20 of 41 12. The West 75 Feet of the West 150 Feet of Tract No. 90, Golden Gate Estates, Unit No. 42, according to the Map or Plat thereof, as recorded in the Plat Book 7, Page 27, of the Public Records of Collier County, Florida. Parcel No. 38847800008 (2860 64`x' Avenue NE, Naples, FL 34120) 13. The West 75 Feet of the West 150 Feet of Tract 79, Golden Gate Estates, Unit No. 42, according to the Plat thereof, as recorded in Plat Book 7, Page 27, of the Public Records of Collier County, Florida. Parcel No. 38846560006 (2765 58th Avenue NE, Naples, FL 34120) 14. The West 75 Feet of Tract 85, Golden Gate Estates, Unit 72, according to the Map or Plat thereof, as recorded in Plat Book 5, Page 8, Public Records of Collier County, Florida. Parcel No. 40419040006 (4460 22nd Avenue NE, Naples, FL 34120) 15. Lot 19 and the East Half of Lot 20, Avalon Estates Replat of Unit No. 1, a Subdivision According to the Map or Plat Thereof, as recorded in Plat Book 4, Page 65, of the Public Records of Collier County, Florida. Parcel No. 22670520008 (3614 Poplar Way, Naples, FL 34112) 16. Lot 8, Block 59, Golden Gate, Unit 2, according to the Plat Thereof, recorded in Plat Book 5, Pages 65 through 77, of the Public Records of Collier County, Florida. Parcel No. 35774280008 (2197 44`" Terrace SW, Naples, FL 34116) 17. The West 75 Feet of the East 180 Feet of Tract 90, Golden Gate Estates, Unit No. 62, according to the Plat thereof, as recorded in Plat Book 5, Page 87, of the Public Records of Collier County, Florida. Parcel No. 39781520003 (3685 418t Avenue NE, Naples, FL 34120) 18. The West 75 Feet of the East 180 Feet of Tract 43, Golden Gate Estates, Unit No. 71, According to the Plat thereof, recorded in Plat Book 5, Page 7, of the Public Records of Collier County, Florida. Parcel No. 40355240009 (3380 20th Avenue NE, Naples, FL 34120) 19. Lot 21, Block 172, Golden Gate, Unit 5, According to the Plat thereof, as Recorded in Plat Book 5, Pages 117 through 123, inclusive, of the Public Records of Collier County, Florida. Parcel No. 36245160009 (1853 51S` Terrace SW, Naples, FL 34116) 20. Lot 17, Block 121, Golden Gate, Unit 4, according to the plat thereof, recorded in Plat Book 5, Pages 107 to 116, inclusive, of the Public Records of Collier County, Florida. Parcel No. 36113200004 (4913 22nd Place SW, Naples, FL 34116) 21. Lot 8, Block 4, Naples Manor Lakes, according to the Plat thereof, as recorded in Plat Book 3, Page 86, of the Public Records of Collier County, Florida. Parcel No. 62252520004 (5230 Gilchrist Street, Naples, FL 34113) 22. Lot 22, Block 185, Golden Gate, Unit 6, according to the Plat thereof, of record in Plat Book 5, Pages 124 through 134, of the Public Records of Collier County, Florida. Parcel No. 36300880004 (2180 52nd Terrace SW, Naples, FL 34116) 23. Lot 11, Block 135, Golden Gate, Unit 4, according to the Plat thereof, recorded in Plat Book 5, Page 112, of the Public Records of Collier County, Florida. Parcel No. 36122520005 (4833 21St Avenue SW, Naples, FL 34116) Page 21 of 41 24. Lot 23, Block 240, Golden Gate, Unit 7, according to the map or plat thereof, on file and recorded with the Clerk of the Circuit Court and recorded at Plat Book 5, Page 141, Public Records of Collier County, Florida. Parcel No. 36439240007 (3025 52" Street SW, Naples, FL 34116) 25. Lot 5, Block 56, Golden Gate, Unit 2, according to the plat thereof, as recorded in Plat Book 5, Pages 65 through 77, inclusive, of the Public Records of Collier County, Florida. Parcel No. 35772680008 (4440 19th Avenue SW, Naples, FL 34116) 26. Lot 11, Block 45, Unit 2, Golden Gate, , according to the plat thereof, as recorded in Plat Book 5, Pages 65 through 77, inclusive, of the Public Records of Collier County, Florida. Parcel No. 35764920006 (4300 17`h Avenue SW, Naples, FL 34116) 27. Lot 24, Block 167, Golden Gate, Unit No. 5, according to the plat thereof, as recorded in Plat Book 5, Pages 117 through 123, of the Public Records of Collier County, Florida. Parcel No. 36241760005 (2100 51St Terrace SW, Naples, FL 34116) 28. Lot 33, Block 218, Golden Gate, Unit 6 Part 1, according to the plat thereof, as recorded in Plat Book 9, Pages 1 through 7, inclusive, of the Public Records of Collier County, Florida. Parcel No. 36383680001 (5401 21St Place SW, Naples, FL 34116) 29. Lot 11, COL -LEE -CO Gardens, according to the Plat thereof, as recorded in Plat Book 1, Page 30, of the Public Records of Collier County, Florida. Parcel No. 26830320002 (2972 Gordon Street, Naples, FL 34112) 30. Lot 5, Block D, South Tamiami Heights, according to the Plat thereof, recorded in Plat Book 3, Page 44, of the Public Records of Collier County, Florida; Parcel No. 74412200000 (3511 Okeechobee Street, Naples, FL 34112) 31. Lot 10, Block 259, Golden Gate, Unit 7, according to the Plat thereof, recorded in Plat Book 5, Pages 135 through 146, inclusive, of the Public Records of Collier County, Florida. Parcel No. 36450840004 (4914 30th Place SW, Naples, FL 34116) 32. Lot 33, Block 5 of Trail Acres, according to the Plat thereof, as recorded in Plat Book 3, Page(s) 50, of the Public Records of Collier County, Florida. Parcel No. 77214040009 (158 51h Street, Naples, FL 34114) 33. The West Half (West '/2) of the Northwest Quarter (Northwest '/) of the Northeast Quarter (Northeast'/) of the Northwest Quarter (Northwest'/) of the Southwest Quarter (Southwest'/) of Section 16, Township 50 South, Range 26 East, Less the Northerly 30 feet thereof, Public Records of Collier County, Florida. Parcel No. 00418760000 (6067 Polly Avenue, Naples, FL 34112) 34. Lot 2, Block 192, Golden Gate, Unit 6, according to the plat thereof, recorded in Plat Book 5, Page 130, of the Public Records of Collier County, Florida. Parcel No. 36308560009 (5418 23`d Court SW, Naples, FL 34116) 35. Lot 25, Block 76, Golden Gate, Unit 2, according to the Plat thereof, as recorded in Plat Book 5, Page(s) 65- 77, of the Public Records of Collier County, Florida. Parcel No. 35780960008 (2183 41St Street SW, Naples, FL 34116) Page 22 of 41 36. Lot 58, Hallendale, according to the map or plat thereof, as recorded in Plat Book 4, Page(s) 25, Public Records of Collier County, Florida. Parcel No. 48782160000 (No Site Address) 37. Lot 59, Hallendale, according to the map or plat thereof, as recorded in Plat Book 4, Page(s) 25, Public Records of Collier County, Florida. Parcel No. 48782200009 (No Site Address) 38. Lot 63, Hallendale, according to the map or plat thereof, as recorded in Plat Book 4, Page(s) 25, Public Records of Collier County, Florida. Parcel No. 48782320002 (No Site Address) 39. Lot 20, Block 6, Avalon Estates, Unit No. 1, according to the Map of the Plat thereof, as recorded in Plat Book 3, Page 62, of the Public Records of Collier County, Florida. Parcel No. 22624480107 (No Site Address) 40. Lot 18, Block 6, Avalon Estates, Unit No. 1, according to the Plat thereof, as recorded in Plat Book 3, Page 62, of the Public Records of Collier County, Florida. Parcel No. 22624440008 (4561 Dominion Drive, Naples, FL 34112) 41. The West'/2 of Lot 10 and All of Lots 11 & 12, Block C, Whispering Pines, According to the Plat Thereof, as Recorded in Plat Book 4, Page 17, Public Records of Collier County, Florida. Parcel No. 81732480001 (2742 Storter Avenue, Naples, FL 34112) 42. The East 180 Feet of Tract 91, Golden Gate Estates, Unit No. 42, according to the Plat thereof, of record in Plat Book 7, Page 27, of the Public Records of Collier County, Florida. Parcel No. 38848000001 (2883 62nd Avenue NE, Naples, FL 34120) Page 23 of 41 EXHIBIT A-2. Affordability Requirements GENERAL Developer will ensure that all properties subject to this Agreement comply with the affordability provisions of the HOME Investment Partnerships Program as contained in 24 CFR 92.254 relating to qualification as affordable housing for homeownership. The Developer, at its sole discretion, may impose greater restrictions so long as the restrictions are at level at or above those of the HOME Investment Partnerships Program. HOMEOWNERSHIP: LONG TERM AFFORDABILITY The NSP -assisted housing must meet the affordability requirements for not less than the applicable period specified in the following table, beginning after project completion. The per unit amount of NSP funds and the affordability period that they trigger are described more fully below under Recapture Provisions. Homeownership assistance NSP Minimum period of amountper-unit affordabilit in years Under $15,000 ........................... 5 $15,000 to $40,000 ...................... 10 Over $40,000..........1 ................... 15 Recapture Provisions The recapture provisions will ensure that the Developer recoups all or a portion of the NSP assistance benefiting the homebuyer, if the housing does not continue to be the principal residence of the family for the duration of the period of affordability. The period of affordability is based upon the total amount of NSP funds subject to recapture described above. The Developer may choose to recapture the entire amount of NSP assistance or a reduced amount on a prorata basis for the time the homeowner has owned and occupied the housing measured against the required affordability period. The net proceeds may be divided proportionally as set forth in the following mathematical formulas: NSP investment X Net proceeds = NSP amount to Developer NSP investment + homeowner investment homeowner investment X Net proceeds = amount to homeowner NSP investment + homeowner investment The Developer may permit the homebuyer to recover the homebuyer's entire investment (down payment and capital improvements made by the owner since purchase) before recapturing the NSP investment. Any NSP investment recaptured by the Developer shall remain with the Developer for future use toward other NSP -eligible activities. Page 24 of 41 EXHIBIT A-3. Developer Fee GENERAL Developer shall invest its own funds to complete the rehabilitation or development of the properties associated with this Agreement thereby assuming risk associated with the project. To compensate Developer for such risk, and for providing NSP -related goods and services, such as, but not necessarily limited to, residential rehabilitation, eligible buyer identification, and final disposition, Developer shall be paid a developer fee. AMOUNT Grantee shall pay Developer a Five Thousand Five Hundred and 00/100 Dollars ($5,500) developer fee for each of the forty-two (42) properties associated with this Agreement. The maximum combined developer fee paid by Grantee to Developer through this Agreement shall be Two Hundred Thirty One Thousand and 00/100 Dollars ($231,000); this amount represents a cumulative of developer fees paid for each of the properties associated with this Agreement. METHOD OF PAYMENT Grantee shall pay Developer the developer fee per property upon final sale to an income -eligible person or household. To secure payment, Developer shall submit to Grantee the following supporting materials in a format acceptable to Grantee: 1. HUD -1 Settlement Statement 2. Appraisal 3. Sales Contract 4. Attestation form to be provided by Grantee Page 25 of 41 EXHIBIT A-4. Grant Agency Requirements APPLICABLE LAWS AND REGULATIONS Certain State and Federal laws, regulations, and Executive Orders are applicable in part or in whole to the NSP. The applicable laws, regulations, and Executive Orders, classified generally by compliance area, include but may not be limited to the following. GENERAL REQUIREMENTS The Housing and Community Development Act of 1974, as amended and as implemented by the most current HUD regulations (24 CFR Part 570). Federal Register Docket No. FR -5447-N-01: Notice of Formula Allocations and Program Requirements for Neighborhood Stabilization Program Formula Grants; October 19, 2010. U.S. Department of Housing and Urban Development's Playing by the Rules: A Handbook for CDBG Sub -recipients on Administrative Systems, CIVIL RIGHTS • Title VI - Civil Rights Act of 1964. • Section 109 - Title I - Housing and Community Act of 1974. • Title VIII of the Civil Rights Act, 1968 (Fair Housing Act), as amended. 42 U.S.C. 3601. • Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990. • Executive Order 11246 - Equal Employment Opportunity, as amended by Executive Order 11375, Parts II and Ill. • Executive Order 11063 - Equal Employment Opportunity, as amended by Executive Order 12259. • Section 3 of the Housing and Development Act of 1968, as amended Section 118 of Title I, Community Development and Housing Act, 1974. • Age Discrimination Act of 1975. • Executive Order 12432: National Priority to Develop Minority and Women Owned Businesses. • Section 504 of the Rehabilitation Act of 1973 and implementation regulation (24 CFR Part 8). ACQUISITION AND RELOCATION • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (46 U.S.C. 4601 and regulations at 49 CFR, Part 24). HOUSING • The Truth in Lending Act (Regulation Z). • Title I Consumer Protection Act (PL 90321). • The Lead Base Paint Poisoning Prevention Act (42 U.S.C. 4831-5 et al.) and HUd implementing regulations (24 CFR Part 35). • The Residential Lead -Based Paint Hazard Reduction Act of 1993 (PL 102-550). • The National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C., 5401 et. seq., as amended). • Manufactured Housing Act (O.C.G.A. Sections 8-2-130 and 160 et. seq.). Page 26 of 41 • Construction Industry Licensing Board Act (O.C.G.A. Section 43-14-8). • The Fire Administration Authorization Act of 1992 (PL 102-522). ENVIRONMENTAL • Title I of the Housing and Community Development Act, Section 104(g) — as amended (42 U.S.C. 5304) and published in 24 CFR Part 58. • Section 306 of the Clear Air Act (42 U.S.C. 1857(h)) • Section 508 of the Clean Water Act (33 U.S.C. 1368). • Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). • Energy Policy and Conservation Act (Pub. L.94-163). LABOR STANDARDS • The Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations. • The Davis -Bacon Act (40 U.S.C. 276(a) to (a-7), as supplemented by Department of Labor Regulations. • The Davis -Bacon Act (42 U.S.C. 5310). • The Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented by Department of Labor regulations. Mug • Conditions prohibiting inherently religious activities (24 CFR 570.2000)). HOUSING REHABILITATION REQUIREMENTS • The Common Rule 24 CFR 85 — applies if the direct party of the construction contract. This rule requires a competitive procurement. • Federal Labor Standards — Only in certain situations. Davis -bacon wage rate are applicable when NSP funds are used for rehabilitation of more than 8 housing units in one project. • Lead -Based Paint Hazard Elimination (24 GFR Part 35) — These rules include inspection, testing, risk assessments, hazard control or abatement, safe work practices, clearance and notification/disclosure requirements. • Section 3 Clause of the Urban Development Act of 1968, and as implemented by HUD regulations at 24 CFR Part 135 applies (regardless of the dollar amount of the contract) in the following situations: o If the Recipient contracts directly for rehabilitation services or acts as an agent for the homeowner, i.e., signs the rehabilitation contract. o If the Recipient provides homeowners with a list of contractors eligible to participate in the local rehabilitation program, the Recipient should assure that eligible Section 3 business concerns located or owned in part by residents of the area are also included on the list. o If the individual homeowner contracts directly for rehabilitation services and the Recipient is not a party to the contract, the Section 3 requirements do not have to be followed. • Section 104(4) of the Housing and Community Development Act is applicable if rental units are converted to non- 'low and moderate income dwelling units" or if occupied or Page 27 of 41 occupiable housing units are demolished. See HUD regulations at 24 CFR Part 570.606 and 24 CFR Part 42. The Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended, and as implemented by DOT regulations 49 CFR Part 24, is applicable if tenants or homeowners (regardless of income) are displaced in conjunction with a NSP activity. The Truth -In -Lending Act (Regulation Z) (USC 1601, et. seq.) which applies to any loan transaction between the Recipient and the homeowner provided the Recipient meets the criteria of being a "creditor", as defined by the Federal Reserve System EQUAL OPPORTUNITY, FAIR HOUSING, AND ACCESSIBILITY _i_ MI1 The regulations pursuant to Title I of the Housing and Community Development Act require applicants to assure through certification that all activities will be conducted in accordance with Section 109 of the Act (the nondiscrimination clause), Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and Executive Orders 11246 and 11063. These requirements are briefly described below: 1. Title VI of Civil Rights Act of 1968 Nondiscrimination in any programs or activities receiving Federal financial assistance. 2. Section 109 of Title I — Housing and Community Development Act of 1974 Nondiscrimination in any program or activity subject to the provisions of this title. No person in the United States shall on the ground of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or part under this Title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity. 3. Title VIII of the Civil Rights Act of 1968, as amended. Prohibition against discrimination based on sex. 4. The Fair Housing Law Provides protection against the following acts, if they are based on disability, race, color, religion, sex, national origin, or family status: • Refusing to sell or rent to, deal or negotiate with any person Discriminating in terms or conditions for buying or renting Housing • Discriminating by advertising that housing is available only to persons of a certain family status, race, color, religion, sex, or national origin • Denying that housing is available for inspection, sell or rent when it really is available • "Blockbusting" - For profit, persuading owners to sell or rent housing by telling them that minority groups are moving into the neighborhood • Denying to anyone the use of or participation in any real estate services, such as brokers' organizations, multiple listing services or other facilities related to the selling or renting of housing • Denying or making different terms or conditions for home loans by commercial lenders, such as banks, savings and loan associations and insurance companies Page 28 of 41 5. Executive Order 11063 - Equal Opportunity in Housing, as amended by Executive Order 12259 — All departments and agencies are directed to take all action necessary and appropriate to prevent discrimination in housing and related facilities owned or operated by the Federal Government or provided with Federal financial assistance and in the lending practices with respect to residential property and related facilities (including land to be developed for residential use) of lending institutions, insofar as such practices relate to loans insured or guaranteed by the Federal Government. 6. Executive Order 11246 — Equal Employment Opportunity, as amended by Executive Order 11375, Part II - Employment under Federal contracts. Non-discrimination in employment by government contractors and subcontractors. Part 111 - Federally assisted construction contracts. Non-discrimination in employment under federally assisted construction contracts. Parts 11 and III are administered by the Department of Labor. 7. Section 3 of the Housing and Development Act of 1968, as amended and as implemented by HUD regulations at 24 CFR Part 135 Section 3 provides that to the greatest extent feasible, training and employment opportunities shall be made available to lower Income residents of project areas and that contracts be awarded to small businesses located within the project area or owned in substantial part by project area residents. SECTION 504 REQUIREMENTS Local government recipients and subrecipients must comply with Section 504 of the Rehabilitation Act of 1973, as amended. This requirement is similar to the "Americans with Disability Act" (ADA) which is also applicable. HUD published implementation regulations (24 CFR Part 8) as a final rule on June 2, 1988. The general requirement is that no otherwise qualified individual with a disability (physical or mental) shall, because a recipient's facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, denied benefits, or otherwise be subjected to discrimination under any program or activity that receives NSP assistance. The definition of disability includes physical and mental factors and also includes those who may be regarded as handicapped (such as the spouse or children of a person with AIDS). Both building accessibility and employment practices are covered by Section 504. AFFIRMATIVELY FURTHERING FAIR HOUSING Any Subrecipient must certify that it will affirmatively further fair housing, mandated under 24 CFR 570.602. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 As amended, provides that, to the greatest extent feasible, opportunities for training and employment shall be given to recipients of public housing and lower-income residents of the unit of local government or the metropolitan area (or non -metropolitan county) in which the project is located. Contract work in connection with such projects shall be awarded to business concerns which are owned in substantial part by persons residing in the same metropolitan area (or nonmetropolitan county) as the project, employ Section 3 residents in full-time positions, or subcontract with businesses which provide economic opportunities to lower Income persons. Section 3 Regulations 24 CFR 135. § 135.38 Section 3 clause. Page 29 of 41 All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD"s regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers" representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or In this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 GFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section7(b). Page 30 of 41 Pursuant to 24 CFR 24, all NSP grantees are required to verify that any/all persons, contractors, consultants, businesses, sub-recipients, etc. that are conducting business with the grantee, including any city/county or the grantee itself, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the covered transaction or in any proposal submitted in connection with the covered transaction. Verification will be checked through the Excluded Parties Listing System (at website: www.epls.gov). Page 31 of 41 EXHIBIT A-5. Reporting REPORTING SCHEDULE The Developer shall submit quarterly reports to Grantee based on the following schedule. Reports shall be submitted according to this schedule as long as this Agreement is in force: Activity Reporting Period Report Due Date October 15'— December 31" Janua 10 Janua 31 s —March 3181Aril 10 A ril 15 —June 30 J61Y 10 July 1 s — September 30 October 10 NSP -1 DEVELOPER AGREEMENT HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Date Submitted: Activity Reporting Period: Contact Person: Telephone: Email: GENERAL 1. Activity Status or Milestones — describe any significant actions taken or outcomes achieved during this reporting period. 2. Future Actions — what significant actions or outcomes are expected during the next reporting period? 3. Obstacles — describe any potential obstacles, challenges, or issues that may cause delay. Page 32 of 41 ACTIVITY STATUS Complete the following information bv entering the appropriate numbers for this reporting period No. Active Projects No. Properties Demolished No. Properties Sold TOTAL HOUSEHOLD INFORMATION Complete these tables for those properties sold during this reporting period. No. Extremely -Low Income Households (0-30% AMI) No. Very-Low_lncome Households (31-50% AMI) No, Low-income Households (51-80% AMI) No, Moderate -income Households (81-120% AMI) No. Female Head of Households RACE AND ETHNICITY BENEFICIARIES White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi -Racial TOTAL Page 33 of 41 EXHIBIT A-6. Monitoring HOMEBUYER(S) NAME: PROPERTY ADDRESS: DEVELOPER shall submit the following completed form upon final sale of each property associated with this Agreement. SECTION A: PARTICIPANT ELIGIBILITY il 2. 3. 4 Did the Developer correctly apply income inclusions and exclusions for the El [] chosen income definition and was the calculation performed correctly? Yes No N/A Describe Basis for Conclusion: Yes No N/A Describe Basis for Conclusion: Was household income supported with source documentation? 0 D El median income (or less than or equal to 50% if the unit was designated for Yes No N/A Describe Basis for Conclusion: Was the family's annual income less than or equal to 120% of the area El El F] median income (or less than or equal to 50% if the unit was designated for he Low Income set-aside)? Yes No N/A Describe Basis for Conclusion: Does the file document that the homebuyer received and completed at leas eight hours of homebuyer counseling from a HUD -approved housing counseling agency before purchase? Yes No N/A Describe Basis for Conclusion: Page 34 of 41 5. M Does the written agreement with the homebuyer specify that the buyer mus E ❑ use the property as a principal residence throughout the period of affordability? Yes No N/A for Conclusion: ; the written agreement specify remedies or actions the Grantee must 0 El El if the principal residence requirement is not met for the affordability Yes No N/A be Basis for Conclusion: SECTION B: AFFORDABILITY PROVISIONS 7 ME M Does the written agreement with the homebuyer include the required El El R recapture or resale provisions, as described in the Developer Agreement? Yes No N/A Describe Basis for Conclusion: Was the correct period of affordability established for the project, based E R 0 upon the total amount of NSP assistance provided to the homebuyer if under a resale provision or the direct subsidy provided with NSP funds, if Yes No N/A under a recapture provision? Describe Basis for Conclusion: Were legal documents recorded: deed restriction or covenant running with E 0 he land if the property is under resale provisions, or note/deed of trust and mortgage for recapture provisions? Yes No N/A Describe Basis for Conclusion: Page 35 of 41 SECTION C: PROPERTY STANDARDS 11. If the project was constructed before 1978, did the Developer comply with lead -safe housing requirements at 24 CFR Part 35? scribe Basis for Conclusion: the project involved rehabilitation or new construction of a unit, does the ial inspection confirm that the property met all applicable property andards at completion? ribe Basis for Conclusion: Prepared By: Telephone: Email: Page 36 of 41 EJ ❑ ❑ (es No N/A R ❑ ❑ (es No N/A EXHIBIT A-7. Income Certification Neighborhood Stabilization Program 1 Habitat for Humanity of Collier County, Inc. INSTRUCTIONS Submit completed form, including appropriate supporting documentation, to Grantee to obtain approval prior to the sale of a property associated with this Agreement to an eligible person or household. Effective Date: A. Household Information Member Names — All Household Members Relationship Age 1 2 3 4 5 6 7 8 1. B. Assets: All Household Members, Including Minors Income Member Asset Description Cash Value from Assets 1 2 3 4 5 6 7 8 Total Cash Value of Assets 13(a) Total Income from Assets B(b) If line 13(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 2.0%) and enter results in B(c), otherwise leave blank. 13(c) Page 37 of 41 C. Anticipated Annual Income: includes Unearned Income and Support Paid on Behalf of Minors Member Wages t Benefits / Public Other Salaries Pensions Assistance Income (include tips, commissions, Asset bonuses, and Income overtime 1 (Enter the 2 greater of box B(b)or 3 box B(c), above, in 4 g box C(e) below) 6 7 8 (a) (b) (c) (d) (e) Totals Enter total of items C(a) through C(e). This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Signature of Spouse or Co -Head of Household Date Date Adult Household Member (if applicable) Date Adult Household Member (if applicable) Date Page 38 of 41 E. NSP Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the NSP. The family or individual(s) constitute(s) a: Very -Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ }. Low -Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ }. Moderate -Income (MOD) Household means and Individual or family whose annual income does not exceed 120 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ }. Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the NSP Administrator or His/Her Designated Representative: Signature Printed Name F. Household Data Date Title Number of Persons By Race / Ethnicity By A e White Black Hispanic Asian American Indian Other 0-25 26-40 41-61 62+ Special Target 1 Special Needs Check all that apply Farm Worker Developmentally Homeless Elderly Other Disabled NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No occupant is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has an occupant. Page 39 of 41 EXHIBIT A-8. Quarterly Performance Report Data GENERAL Grantee is required to submit to HUD, through the Disaster Recovery Grant Reporting System ("DRGR") Quarterly Performance Reports ("QPR"). To facilitate in the preparation of such reports, Developer shall submit the information contained herein within ten (10) days of the end of each calendar quarter. 1. OVERALL PROGRESS NARRATIVE Describe overall progress made in operating the NSP. 2. FINANCIAL DATA Provide (a) number of properties acquired, (b) program funds expended, and (c) program funds obligated. 3. ACTIVITY PROGRESS NARRATIVE Described progress made within the following three (3) activities: (a) acquisition, rehabilitation, resale LMMI, (b) acquisition rehabilitation, resale LH25, and (c) land bank. 4. PROPERTY DATA Provide the address of each property where funds were expended or obligated this reporting period. 5. DEMOGRAPHIC DATA Provide the following data for each household assisted this reporting period: (a) race, (b) Hispanic/Latino (yes/no), (c) female head of household (yes/no), and (d) income level. Page 40 of 41 EXHIBIT B. Budget GENERAL Developer will be provided ownership in forty-two (42) properties acquired by the Grantee for the purpose of rehabilitation or redevelopment for disposition to NSP -eligible persons or families. Grantee will not provide Developer any NSP -1 funding to support the activities described in this Agreement. Therefore, there is no activity budget associated with this Agreement. Grantee shall pay Developer a Five Thousand Five Hundred and 00/100 Dollars ($5,500) developer fee for each of the forty-two (42) properties associated with this Agreement. The maximum combined developer fee paid by Grantee to Developer through this Agreement shall be Two Hundred Thirty One Thousand 00/100 Dollars ($231,000); this amount represents a cumulative of developer fees paid for each of the properties associated with this Agreement. Page 41 of 41 AMENDMENT NO.1 TO AGREEMENT FOR THE NEIGHBORHOOD STABILIZATION PROGRAM 1 CFDA: 14.218 DEVELOPER AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. (NSP -1) THIS AMENDMENT is made and entered into on this day of L� 2013, by and between Collier County, a political subdivision of the State of Florida, having its principal office at 3299 Tamiami Trail East, Naples, Florida 34112 (hereinafter called the "GRANTEE"), and Habitat for Humanity of Collier County, Inc., a private not-for-profit corporation, existing under the laws of the State of Florida, having its principal office at 11145 Tamiami Trail East, Naples, Florida 34113 (hereinafter called the "DEVELOPER") to undertake the Neighborhood Stabilization Program ("NSP -1") as approved by the Collier County Board of County Commissioners. RECITALS: WHEREAS, on April 24, 2012, the parties entered into Neighborhood Stabilization Program 1, CFD No.12.218, Developer Agreement (Agreement); and WHEREAS, Exhibit A-1 of the Agreement is a site-specific list of properties to be transferred from Grantee to Developer; and WHEREAS, the Parties desire to remove certain properties from Exhibit A-1 of the Agreement so that those properties may be transferred to a third party or parties, as allowed under NSP -1. WHEREAS, Exhibit B of the Agreement is a budget for properties to be transferred from Grantee to Developer; and WHEREAS, as a result of a decrease in the number of properties to be conveyed to Developer, the corresponding budget has been reduced; and NOW THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the Parties agree to modify Exhibit A-1 of the Agreement as follows: II, Terms and Conditions of the Funding A, Funding Amount - NSP -1 Funds in the amount of One Hundred Ninety -Eight Thousand 00/100 Dollars (198,000) Two Hundred Tjiir� One Theusand7904W Dollars ($231.000) are obligated for use in compliance with this agreement, as reflected in the budget in Exhibit B. EXHIBIT A-1. Legal Descriptions The following site-specific list of properties is associated with this Agreement and ownership to such will be transferred from Grantee to Developer following all standard Collier County closing procedures. 1. Lot 52, Block B, Whispering Pines, a Subdivision of Lots 48 and 49 in Naples Grove and Truck Company's Little Farms #2, according to the Plat Thereof, as Recorded in Plat Book 4, Page 17, of the Public Records of Collier County, Florida. Parcel No. 81732120002 (2842 Barrett Avenue, Naples, FL 34112) 2, Lot 20, in Block 9, of Naples Manor Addition, according to the Plat thereof, as recorded in Plat Book 3, at Pages 67 and 68, of the Public Records of Collier County, Florida. Parcel No. 62097920005 (5378 Carlton Street, Naples, FL 34113) 3. Let 5, Bleek 11, Naples Manor Lakes, aeeer-ding te the plat thereef, reeerded n 1 lir 62261280095 (5318 !"'`ilei 4st Street. Naples FL X 4 13) 4. Let / Bleek 12, Naples Manor Lakes, aeeerding te the plat thereof-, reeer-ded in. Nat Book 3, -games -86 d 8;� f the r3 .blie n,,,,,,rds of Collier rte,,., f4y, xl„riaa_ P 1 lel 622613200 1A (5322 G lel..,,at• Street, F 34173) I'AL'CGTTQp� 4Y-G�'xPGOPO v. -r. vaa..+.s.v,, v.s .... �, ...+1++..�,, :... .++«..( 5- LetA, Bleek 12, N les"-��ar-hakes, aeeEwding-te- the -plat thereof r-eeer-dPlat Beek 3, Pages 86 and 87-, ef the PubRe ReeeT-ds ef Collier Geunty,- . Par -eel No. 62261360006 (5326 Gilelffist Street-, Naples, Fb 34113) 6. -Lot 8, Bloc -k 12,- Naples Manor Lakes, aeeer-ding to dw plat her � i r dee 1 LrVreeV1�+N4�.— it Plat Beek 8615 and / Pages / of the Public Recer-dr, of Collier / . Par -eel No. 62261400095 095 (533 G l„ hrist St,..,e 1 Iaples FL 3 113) Plat Beek / Pages 86 and 87, , Fierida. 9. Lot 19, Block A, Pine -View Villas, according to the Plat thereof, recorded in Plat Book 9, Page 49, of the Public Records of Collier County, Florida. Parcel No. 67490760003 (4308 Rose Avenue, Naples, FL 34112) 10, Lot 3, and the East 28 Feet of Lot 4, Block 3, Burdale, according to the Map or Plat thereof, as recorded in Plat Book 4, Page 2, of the Public Records of Collier County, Florida. Parcel No. 25081280002 (2522 Linwood Avenue, Naples, FL 34112) 11. Lot 33, Block 188, Golden Gate, Unit 6, according to the Plat thereof, as recorded in Plat Book 5, Pages 124- 134, of the Public Records of Collier County, Florida. Parcel No. 36304720005 (2049 55th Terrace SW, Naples, FL 34116) 12. The West 75 Feet of the West 150 Feet of Tract No. 90, Golden Gate Estates, Unit No. 42, according to the Map or Plat thereof, as recorded in the Plat Book 7, Page 27, of the Public Records of Collier County, Florida. Parcel No. 38847800008 (2860 64th Avenue NE, Naples, FL 34120) 13. The West 75 Feet of the West 150 Feet of Tract 79, Golden Gate Estates, Unit No. 42, according to the Plat thereof, as recorded in Plat Book 7, Page 27, of the Public Records of Collier County, Florida. Parcel No. 38846560006 (2765 58th Avenue NE, Naples, FL 34120) 14. The West 75 Feet of Tract 85, Golden Gate Estates, Unit 72, according to the Map or Plat thereof, as recorded in Plat Book 5, Page 8, Public Records of Collier County, Florida. Parcel No. 40419040006 (4460 22nd Avenue NE, Naples, FL 34120) 15. Lot 19 and the East Half of Lot 20, Avalon Estates Replat of Unit No. 1, a Subdivision According to the Map or Plat Thereof, as recorded in Plat Book 4, Page 65, of the Public Records of Collier County, Florida. Parcel No. 22670520008 (3614 Poplar Way, Naples, FL 34112) 16, Lot 8, Block 59, Golden Gate, Unit 2, according to the Plat Thereof, recorded in Plat Book 5, Pages 65 through 77, of the Public Records of Collier County, Florida. Parcel No. 35774280008 (2197 44th Terrace SW, Naples, FL 34116) r r NNAN r r. H- .•���• .tWINK 9. Lot 19, Block A, Pine -View Villas, according to the Plat thereof, recorded in Plat Book 9, Page 49, of the Public Records of Collier County, Florida. Parcel No. 67490760003 (4308 Rose Avenue, Naples, FL 34112) 10, Lot 3, and the East 28 Feet of Lot 4, Block 3, Burdale, according to the Map or Plat thereof, as recorded in Plat Book 4, Page 2, of the Public Records of Collier County, Florida. Parcel No. 25081280002 (2522 Linwood Avenue, Naples, FL 34112) 11. Lot 33, Block 188, Golden Gate, Unit 6, according to the Plat thereof, as recorded in Plat Book 5, Pages 124- 134, of the Public Records of Collier County, Florida. Parcel No. 36304720005 (2049 55th Terrace SW, Naples, FL 34116) 12. The West 75 Feet of the West 150 Feet of Tract No. 90, Golden Gate Estates, Unit No. 42, according to the Map or Plat thereof, as recorded in the Plat Book 7, Page 27, of the Public Records of Collier County, Florida. Parcel No. 38847800008 (2860 64th Avenue NE, Naples, FL 34120) 13. The West 75 Feet of the West 150 Feet of Tract 79, Golden Gate Estates, Unit No. 42, according to the Plat thereof, as recorded in Plat Book 7, Page 27, of the Public Records of Collier County, Florida. Parcel No. 38846560006 (2765 58th Avenue NE, Naples, FL 34120) 14. The West 75 Feet of Tract 85, Golden Gate Estates, Unit 72, according to the Map or Plat thereof, as recorded in Plat Book 5, Page 8, Public Records of Collier County, Florida. Parcel No. 40419040006 (4460 22nd Avenue NE, Naples, FL 34120) 15. Lot 19 and the East Half of Lot 20, Avalon Estates Replat of Unit No. 1, a Subdivision According to the Map or Plat Thereof, as recorded in Plat Book 4, Page 65, of the Public Records of Collier County, Florida. Parcel No. 22670520008 (3614 Poplar Way, Naples, FL 34112) 16, Lot 8, Block 59, Golden Gate, Unit 2, according to the Plat Thereof, recorded in Plat Book 5, Pages 65 through 77, of the Public Records of Collier County, Florida. Parcel No. 35774280008 (2197 44th Terrace SW, Naples, FL 34116) 17. The West 75 Feet of the East 180 Feet of Tract 90, Golden Gate Estates, Unit No. 62, according to the Plat thereof, as recorded in PIat Book 5, Page 87, of the Public Records of Collier County, Florida. Parcel No. 39781520003 (3685 41St Avenue NE, Naples, FL 34120) 18. The West 75 Feet of the East 180 Feet of Tract 43, Golden Gate Estates, Unit No. 71, According to the Plat thereof, recorded in Plat Book 5, Page 7, of the Public Records of Collier County, Florida. Parcel No. 40355240009 (3380 20th Avenue NE, Naples, FL 34120) 19. Lot 21, Block 172, Golden Gate, Unit 5, According to the Plat thereof, as Recorded in Plat Book 5, Pages 117 through 123, inclusive, of the Public Records of Collier County, Florida. Parcel No. 36245160009 (1853 51st Terrace SW, Naples, FL 34116) 20. Lot 17, Block 121, Golden Gate, Unit 4, according to the plat thereof, recorded in Plat Book 5, Pages 107 to 116, inclusive, of the Public Records of Collier County, Florida. Parcel No. 36113200004 (4913 22nd Place SW, Naples, FL 34116) 21, Lot 8, Block 4, Naples Manor Lakes, according to the Plat thereof, as recorded in Plat Book 3, Page 86, of the Public Records of Collier County, Florida. Parcel No. 62252520004 (5230 Gilchrist Street, Naples, FL 34113) 22. Lot 22, Block 185, Golden Gate, Unit 6, according to the Plat thereof, of record in Plat Book 5, Pages 124 through 134, of the Public Records of Collier County, Florida. Parcel No. 36300880004 (2180 52nd Terrace SW, Naples, FL 34116) 23, Lot 11, Block 135, Golden Gate, Unit 4, according to the Plat thereof, recorded in Plat Book 5, Page 112, of the Public Records of Collier County, Florida. Parcel No. 36122520005 (4833 21st Avenue SW, Naples, FL 34116) 24, Lot 23, Block 240, Golden Gate, Unit 7, according to the map or plat thereof, on file and recorded with the Clerk of the Circuit Court and recorded at Plat Book 5, Page 141, Public Records of Collier County, Florida. Parcel No. 36439240007 (3025 52nd Street SW, Naples, FL 34116) 25. Lot 5, Block 56, Golden Gate, Unit 2, according to the plat thereof, as recorded in Plat Book 5, Pages 65 through 77, inclusive, of the Public Records of Collier County, Florida. Parcel No. 35772680008 (4440 191h Avenue SW, Naples, FL 34116) 26. Lot 11, Block 45, Unit 2, Golden Gate,, according to the plat thereof, as recorded in Plat Book 5, Pages 65 through 77, inclusive, of the Public Records of Collier County, Florida. Parcel No. 35764920006 (4300 17th Avenue SW, Naples, FL 34116) 27. Lot 24, Block 167, Golden Gate, Unit No. 5, according to the plat thereof, as recorded in Plat Book 5, Pages 117 through 123, of the Public Records of Collier County, Florida. Parcel No. 36241760005 (2100 51St Terrace SW, Naples, FL 34116) 28, Lot 33, Block 218, Golden Gate, Unit 6 Part 1, according to the plat thereof, as recorded in Plat Book 9, Pages 1 through 7, inclusive, of the Public Records of Collier County, Florida. Parcel No. 36383680001 (540121St Place SW, Naples, FL 34116) 29. Lot 11, COL -LEE -CO Gardens, according to the Plat thereof, as recorded in Plat Book 1, Page 30, of the Public Records of Collier County, Florida. Parcel No. 26830320002 (2972 Gordon Street, Naples, FL 34112) 30. Lot 5, Block D, South Tamiami Heights, according to the Plat thereof, recorded in Plat Book 3, Page 44, of the Public Records of Collier County, Florida; Parcel No. 74412200000 (3511 Okeechobee Street, Naples, FL 34112) 31, Lot 10, Block 259, Golden Gate, Unit 7, according to the Plat thereof, recorded in Plat Book 5, Pages 135 through 146, inclusive, of the Public Records of Collier County, Florida. Parcel No. 36450840004 (4914 301h Place SW, Naples, FL 34116) 32. Lot 33, Block 5 of Trail Acres, according to the Plat thereof, as recorded in Plat Book 3, Page(s) 50, of the Public Records of Collier County, Florida. Parcel No. 77214040009 (158 5th Street, Naples, FL 34114) 33, The West Half (West 1/s) of the Northwest Quarter (Northwest 1/4) of the Northeast Quarter (Northeast 1/4) of the Northwest Quarter (Northwest 1/4) of the Southwest Quarter (Southwest 1/4) of Section 16, Township 50 South, Range 26 East, Less the Northerly 30 feet thereof, Public Records of Collier County, Florida. Parcel No. 00418760000 (6067 Pally Avenue, Naples, FL 34112) 34. Lot 2, Block 192, Golden Gate, Unit 6, according to the plat thereof, recorded in Plat Book 5, Page 130, of the Public Records of Collier County, Florida. Parcel No. 36308560009 (5418 23rd Court SW, Naples, FL 34116) 35. Lot 25, Block 76, Golden Gate, Unit 2, according to the Plat thereof, as recorded in Plat Book 5, Page(s) 65- 77, of the Public Records of Collier County, Florida. Parcel No. 35780960008 (2183 41St Street SW, Naples, FL 34116) 36. Lot 58, Hallendale, according to the map or plat thereof, as recorded in Plat Book 4, Page(s) 25, Public Records of Collier County, Florida. Parcel No. 48782160000 (No Site Address) 37. Lot 59, HaIlendale, according to the map or plat thereof, as recorded in Plat Book 4, Page(s) 25, Public Records of Collier County, Florida. Parcel No. 48782200009 (No Site Address) 38, Lot 63, Hallendale, according to the map or plat thereof, as recorded in Plat Book 4, Page(s) 25, Public Records of Collier County, Florida. Parcel No. 48782320002 (No Site Address) 39. Lot 20, Block 6, Avalon Estates, Unit No. 1, according to the Map of the Plat thereof, as recorded in Plat Book 3, Page 62, of the Public Records of Collier County, Florida. Parcel No. 22624480107 (No Site Address) 40. Lot 18, Block 6, Avalon Estates, Unit No. 1, according to the Plat thereof, as recorded in Plat Book 3, Page 62, of the Public Records of Collier County, Florida. Parcel No. 22624440008 (4561 Dominion Drive, Naples, FL 34112) 41. The West 1/2 of Lot 10 and All of Lots 11 & 12, Block C, Whispering Pines, According to the Plat Thereof, as Recorded in Plat Book 4, Page 17, Public Records of Collier County, Florida. Parcel No. 81732480001 (2742 Storter Avenue, Naples, FL 34112) 42. The East 180 Feet of Tract 91, Golden Gate Estates, Unit No. 42, according to the Plat thereof, of record in Plat Book 7, Page 27, of the Public Records of Collier County, Florida. Parcel No. 38848000001 (2883 62nd Avenue NE, Naples, FL 34120) Exhibit B. Budget GENERAL Developer will be provided ownership in thirty-six (36) fefty tive-(42) properties acquired by the Grantee for the purpose of rehabilitation or redevelopment for disposition to NSP -eligible persons or families. BUDGET Grantee will not provide Developer any NSP1 funding to support the activities described in this Agreement. Therefore, there is no activity budget associated with this Agreement. Grantee shall pay Developer a Five Thousand Five Hundred and 002100 Dollars ($5,500) developer fee for each of the thirty-six (36) forty two (42) properties associated with this Agreement. The maximum combined developer fee paid by Grantee to Developer through this Agreement shall be One Hundred Ninety:Eight Thousand 00/100 Dollars (198,000) Twe Hundred ` h t One mt- this amount represents a cumulative of developer fees paid for each of the properties associated with this Agreement. IN WITNESS WHEREOF, the GRANTEE and the 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 COUNJY COMMISSIONERS Dwight, )w. )rock, Clerk of Courts COL IEAomman NTj ,FLORIDA y: :� B _ g.r y Da -A, G oriller, Esq. Ch Habitat for Humanity of Collier County, Inc. Ixirst itness - `, A Florida not-for-profit corporation Ti pe/print witness nameT Nick Kouloheras ' Executive Vice President Second W.ttness (. Approved as to form and legal sufficiency: TType/print witness nameT Jennifer . White �.`'� Assistant County Attorney y)Al-1 NEIGHBORHOOD STABILIZATION PROGRAM 1 AMENDMENT NO.2 TO DEVELOPER AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. CFDA: 14.218 ON '10%4r%Ar THIS AMENDMENT, made and entered into on this PN day of TdtJG , 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 StruelThrough 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 NSPI Developer Agreement in order to enable the NSP1 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: I IPaae 0 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. "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- indlYidttal-Myer. 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) 21Page 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: Dwight E.. Brock, Clerk of Courts By -C Dated: �( t (SE,A)'Atrestas to Chairman's siqnatttre nn1v. first Witness TType/print witness nameT `- &.- ,4 Second Witness TType/print witness nameT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY„FLORIDA Tom Habitat for Humanity of Collier County, Inc. A Florida not-for-profit corporation By: Print: c Title: Approved as to form and legality: Jennifer A. B e I p e kio Assistant County Attorney 40 �Il� 3111age 0 P 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 NSPI 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 dates. Remainder of Page Left Intentionally Blank 41Pnzr C� 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 CurrentStatus................................................................................................................................................6 Summaryof Recommendations....................................................................................................................7 LandBank Plan Guidelines...........................................................................................................................7 Goal of the Land Bank . .7 NationalObjectives....................................................................................................................................... 8 LandBank Oversight....................................................................................................................................8 Ten Year Limitation on NSP Land Bank Properties. .8 SideLot Disposition......................................................................................................................................9 Future acquisition of properties for the Land Bank.......................................................................................9 Responsibilitiesand Requirements...............................................................................................................9 APPENDIX1..............................................................................................................................................10 APPENDIX 2. . 10 APPENDIX 3 .10 51Page �` Overview This resort 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 regardiny, 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 Humanityto implement the program. Generallyspeaking, 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 or 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 aog� ernntental entity, it may also maintain foreclosed prQperf y 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 fwrther 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 61Page provide guidance to both parties to ensure that program requirements are met and the proposed 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 NSP 1 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 NSPrg ants. The adoption of a Land Bank Plan and Agreement with Habitat will enable the County to close out their NSPrgrants 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 program requirements as part of the agreement established between Collier County 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 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 stillbe 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 y HUD. Examples include acquisition, rehabilitation, demolition and reconstruction of affordable homes. Area Benefits. LMMH. 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 tenyet ars ithey have not met a national obiective. 8111ag,r OA( 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 NSPI 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. 91page I OA(,, APPENDIX I Land Bank Inventory Parcel NSP Prop -ram Location/Address Status End Use and Disposition ID# NationalOb'ective Date NSPI Hallendale Lot 58 Vacant Single Family 12/31/2016 lot Ownership LMMH NSPI Hallendale Lot 59 Vacant Single Family 12/31/2016 lot Ownership (LMMH) NSPI Hallendale Lot 63 Vacant Single Family 12/31/2016 lot Ownership (LMMH) NSPI 2183 41" S.W. Vacant Single Family 12/31/2016 lot Ownership LMMH NSP 1 5418 23` Court Vacant Single Family 12/31/2016 S.W. lot Ownership (LMMH) NSP 1 2742 Storter Ave Vacant Single Family 12/31/2016 lot Ownership (LMMH) NSPI Lot 20 Dominion Vacant Single Family 1.2/31/2016 Dr. lot Ownership (LMMH) NSPI 288362 nAve N.E. Vacant Single Family 12/31/2016 lot Ownershi (LMMH) NSPI 4561 Dominion Dr. Vacant Single Family 12/31/2016 lot Ownership (LMMH) MUM29113 Land Banking Authority Summary of Collier County NSP Plans and Developer Agreements with Habitat for Humanity NSP1 Substantial Amendment, Collier County The NSPI 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. NSPI 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: ]011'age CAf - 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 stabilizine 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. E_likible Uses (Housinz 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-eguity 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 (CDBC) 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 (includingair it rights, water rights rights-of-way, easements, and other interests therein) for any public purpose subiect to the limitations of Sec. 570.207. II lPage ON B. Disposition through sale lease donation or otherwise, of any eal 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 assembles facilitating the redevelopment of, and marketing of land banked properties NSP funds may be used for basic, reasonable maintenance intended to stabilize theproperty.) NSP National Obiectives 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 4pplicable national objectives. NSP Closeout Notice -Federal Resister, 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 NSF 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 communis land trust to create affordable housing;_ 1211)age C2( % (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 governingbody. ody. 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 obiective or disposed of in accordance with CDBG use of real property requirements at 24 CFR 570.505. 131Page c f NEIGHBORHOOD STABILIZATION PROGRAM 1 AMENDMENT N0.3 TO DEVELOPER �Y OF COLLIER COUNTY, NCEMENT BETWEEN R COUNTY AND HABITAT FOR UMANIT CFDA: 14.218 THIS AMENDMENT, made and entered into on this _ day of ' - __, � 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 Strael 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 NSP 1 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 11Page GENERAL HOMEOWNERSHIP: LONG TERM AFFORDABILITY LONG TERM AVAILABILITY FOR DEVELOPER SOLD PROPERTIES. Resale: 24 CFR 92.252(a), (c)(e) and (fl, 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 propertyto 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 homebuyer may, 2 1 P a g e 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) 3 1 P a g e 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: Dwight E, <Brock, Clerk of Courts tv..B�, tea SEAL Attesas to Chaii�an.�:- Sign 4 1 P a g e BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tim Nance, Chairman Habitat for Humanity of Collier County, Inc. A Florida not-for-profit corporation Approved as to form and legality: S�_� ,P c ck-%' Jennifer A. Belpedi Assistant County Attorney k.\_ k1.. NEIGHBORHOOD STABILIZATION PROGRAM 3 CFDA No. 14.218 DEVELOPER AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. (NSP -3) 0 THIS AGREEMENT, made and entered into on thisa qday of A"-/, , 2012, by and between Collier County, a political subdivision of the State of Florida, hav! g its principal office at 3299 Tamiami Trail East, Naples, Florida 34112 (hereinafter called the "GRANTEE"), and Habitat for Humanity of Collier County, Inc., a private not -tor -profit corporation, existing under the laws of the State of Florida, having its principal office at 11145 Tamiami Trail East, Naples, Florida 34113 (hereinafter called the "DEVELOPER") to undertake the Neighborhood Stabilization Program ("NSP -3") as approved by the Collier County Board of County Commissioners. WITNESSETH WHEREAS, the GRANTEE is the recipient of Neighborhood Stabilization Program Funds from the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, the DEVELOPER has submitted a letter of intent, dated December 2, 2011 and incorporated herein by reference, for use of funds for an NSP -3 -eligible PROJECT; NOW, THEREFORE in consideration of the mutual covenants and obligations herein contained, including the Attachments, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: I. Definitions Unless specifically provided otherwise or the context otherwise requires, when used in this Agreement: 1. "Abandoned" refers to homes or residential properties that either a) mortgage, tribal leasehold, or tax payments are at least 90 days delinquent, or b) a code enforcement inspection has determined that the property is not habitable and the owner has taken no correction actions within 90 days of notification of the deficiencies, or c) the property is subject to a court-ordered receivership or nuisance abatement related to abandonment pursuant to state or local law or otherwise meets a state definition of an abandoned home or residential property. 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. 3. "Blighted structure" means a structure that exhibits objectively determinable signs of deterioration sufficient to constitute a threat to human health, safety, and public welfare as more particularly described in Section 163.340(8), Florida Statutes. 4. "CDBG Act" means the Housing and Community Development Act of 1974, Pub. L. No. 93-383, as amended. Unless otherwise noted in the Housing and Economic Page 1 of 43 Recovery Act ("HERA"), as amended, and the alternative requirements in the NSP Notices, NSP -3 is governed by the CDBG regulations. 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 a final offer made for the property by a grantee, subrecipient, developer, or individual buyer. 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. 6. Eligible Costs means costs for the activities specified in Exhibit A of this Agreement for which NSP -3 funds are budgeted, provided that such costs (i) are Incurred in connection with any activity which is eligible under HERA and Section 105A of Title I of the CDBG Act, and (Ii) conform to all NSP -3 requirements. 7. "Environmental Requirements" means the requirements described in 24 CFR Part 58, 8. Foreclosed refers to a home or residential property if any of the following conditions apply: (a) the property's current delinquency status is at least 60 days delinquent under the Mortgage Bankers of America delinquency calculation and the owner has been notified; (b) the property owner is 90 days or more delinquent on tax payments; (c) under state, local, or tribal law, foreclosure proceedings have been initiated or completed; or (d) foreclosure proceedings have been completed and title has been transferred to an intermediary aggregator or servicer that is not an NSP -3 grantee, contractor, subrecipient, developer, or end user. 9. "HERA" means the Neighborhood Stabilization Program ("NSP -3") found in Title III of Division B of the Housing and Economic Recovery Act of 2008, as amended. 10. "HUD" means the United States Department of Housing and Urban Development. 11. "Land bank" means 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 -3, 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. 12. "LMMI" is a HUD -defined term incorporating households with eligible incomes (at or below 120% of area median, based on household size and county), including low-, moderate-, and middle-income, in referring to the national objective of the CDBG program. 13. "Low -Income Set -Aside" refers to the HERA requirement that not less than 25 percent of the funds NSP -3 funds to the GRANTEE shall be used for the purchase and redevelopment of abandoned or foreclosed upon homes or residential properties that will provide permanent housing to individuals or families whose incomes do not exceed 50 percent of area median income. 14. "NSP Notice" refers to the alternative requirements for NSP -3 issued by HUD in the Federal Register on October 6, 2008, as modified in the Bridge Notice issued on June 19, 2009, and the Unified Notice issued on October 19, 2010. Page 2 of 43 15. "NSP -3 Funds" mean those funds to be provided by the GRANTEE pursuant to the terms of this Agreement, as specified in Section 11 of this Agreement. 16. "Program Income" means the NSP -3 portion of any proceeds received by the DEVELOPER and repaid to the GRANTEE. 17. "PROJECT" means the activities described in Exhibit A of this Agreement which are to be carried out to meet the objectives of the NSP -3. 18. Purchase Discount means the minimum discount percentage from the current market- appraised value under which a property may be purchased. Under HUD Notice FR -5255--N-02, the purchase discount for NSP -3 is "at least 1 percent from the current market -appraised value of the home or property." 19. "Vacant properties" includes both vacant land and properties with vacant structures on the land. Il. Terms and Conditions of the Funding A. Funding Amount — NSP -3 Funds in the amount of Three Million Four Hundred Ninety Five Thousand Seven Hundred Forty Nine and 001100 Dollars ($3,495.7491 are obligated for use in compliance with this agreement, as reflected in the budget in Exhibit B. 1. These amounts represent an allocation of the GRANTEE's total NSP -3 funding contingent upon DEVELOPER performance and not an entitlement to a certain grant amount, and shall only be disbursed for approved projects and costs. 2. Approved budget — The approved budget is attached to this agreement as Exhibit B. It is understood and agreed that funds will be used according to the approved budget. It is understood and agreed that funds will be used according to the approved budget (Exhibit B). Developer has the authority to reallocate $25,000 per income category, but shall not expend less than the Low Income Set Aside allocation of $971,042. Should the Developer determine that the reallocation is necessary, a prior notification and written approval shall be duly signed by the Developer and the Director of HHVS. Reallocations above $25,000 between income categories will require prior Grantee approval. B. Use of Funds — NSP -3 funds obligated under this agreement may be used as follows: 1. No Commitment or Expenditure Prior to Environmental Clearance — This obligation of NSP -3 funds is conditional upon satisfactory completion of environmental review under 24 CFR Part 58 as provided in Section VIII below. Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by GRANTEE of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the project is conditioned on GRANTEE's determination to proceed with, modify or cancel the project based on the results of environmental review. Further, the DEVELOPER will not undertake or commit any funds to physical or choice -limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair or construction prior to the environmental clearance, and understands that violation of this provision may result in the denial of any funds under the agreement. 2. Eligible Activities — Funds may be used for the NSP -3 eligible activities that are Page 3 of 43 checked below. The number of properties listed is a minimum and is not intended to provide a limit on the number of properties that may be acquired through this Agreement: ® Acquisition 27 abandoned or foreclosed single- family properties ❑ Rehabilitation/reconstruction __.L_acquired abandoned or foreclosed ❑ New construction # vacant properties 3. Eligible Properties — Properties must meet the following conditions to be considered eligible under this Agreement: a. Must be located in an NSP -3 Target Area as identified in Exhibit A. b. Must have no substantial adverse environmental factors as determined by an environmental review. C. Must have only one dwelling unit on site; acquisition or two-family or other mixed owner -rental properties require GRANTEE advance approval in writing and compliance with NSP -3 rental restrictions. d. Must otherwise be in suitable locations for marketing and resale to low- and moderate -income homebuyers. e. Must be unoccupied and have no personal possessions on site, unless GRANTEE approves acquisition of an occupied property and stipulates compliance with relocation requirements in Section VIII. f. Must be eligible for acquisition under NSP -3 as foreclosed or abandoned or vacant. 4. Activity Limitations — In implementing projects, DEVELOPER shall undertake only those activities permitted by this agreement, and comply with all provisions of this agreement, including the project requirements in Section III, as they may be modified by HUD. In particular a. Acquisition —No acquisitions may occur without environmental clearance, and determination of the applicability of URA provisions. b. Demolition — Primary structures on properties acquired or contributed may not be demolished unless they are declared as blighted by GRANTEE. Such declarations by GRANTEE shall be made in conformance with the definition contained in Section 163.340(8), Florida Statutes. C. Cost Limits — All uses of funds are subject to the approval of the GRANTEE. 1. Cost Limits on Individual Units — The cost and assistance limits checked below apply to every unit assisted with NSP -3 funds under this agreement: ® Developer fee allowed per dwelling unit M000 ® Maximum NSP reimbursement per dwelling unit $150,000 D. Deadlines — Timely completion of the work specified in this agreement is an integral and essential part of performance. The NSP -3 funds are subject to Federal deadlines and failure to comply could result in the loss of the Federal funds. By the acceptance and Page 4 of 43 execution of this agreement, it is understood and agreed by the DEVELOPER that the PROJECT will be completed as expeditiously as possible and that the DEVELOPER will make every effort to ensure that the project will proceed and will not be delayed. Failure to meet these deadlines can result in cancellation of this contract and the revocation of NSP -3 funds. 1. Project Expenditure Deadlines — All project activities and all expenditures of NSP -3 funds must be completed by March 11, 2014. If checked the additional deadlines apply to project expenditures: ® 50% of NSP -3 funds expended and 03/11/2013 drawn by ® 100% of NSP -3 funds expended and 03/11/2014 drawn by 2. The DEVELOPER expressly agrees to complete all work required by this agreement in accordance with the timetable set forth above. a. If DEVELOPER fails to obligate or expend NSP -3 funds as indicated in this agreement, GRANTEE in its sole discretion may recapture a portion or all of the DEVELOPER's total NSP -3 funding allocation. b. Changes to the timetable may be approved by the GRANTEE, in the event the DEVELOPER is unable to meet the above deadlines or complete the above services because of delays resulting from Acts of God, untimely review and approval by the GRANTEE and other governmental authorities having jurisdiction over the PROJECT, or other delays that are not caused by the DEVELOPER, the GRANTEE shall grant a reasonable extension of time for completion of the WORK. It shall be the responsibility of the DEVELOPER to notify the GRANTEE promptly in writing whenever a delay is anticipated or experienced, and to inform the GRANTEE of all facts and details related to the delay. However, GRANTEE may not provide extensions beyond deadlines imposed by HUD. 3. Since it is mutually agreed that time is of the essence, the DEVELOPER shall cause appropriate provisions to be inserted in all contracts or subcontracts relative to the work tasks required by this agreement, in order to ensure that the PROJECT will be completed according to the timetable set forth in this agreement. E. Sale to Buyers — All units acquired under this agreement shall be sold to eligible buyers in accordance with the provisions of this section. Eligible Buyers — Eligible homebuyers must be determined to be income -eligible in compliance with the limits and funding allocations checked below. It is understood and agreed that funds will be used according to the approved budget (Exhibit B). Developer has the authority to reallocate $25,000 per income category, but shall not expend less than the Low Income Set Aside allocation of $971,042. Should the Developer determine that the reallocation is necessary, a prior notification and written approval shall be duly signed by the Developer and the Director of HHVS. Reallocations above $25,000 between income categories will require prior Grantee approval. 1. ® Middle Income — 81% to 120% of Area Median $750,000 Income ® Moderate Income — 51 % to 80% of Area Median $1,504,707 Income Page 5 of 43 Z Low Income — less than 50% of Area Median $971,042 Income 2, Sales Price — Sales prices must be in compliance with the price limits in Section III.F, and the sales price of each property must be approved by GRANTEE. 3. Income Certification and Documentation — Every purchaser shall be determined to be eligible according to the requirements at 24 CFR 570.5. 4. Net Proceeds of Sale — Upon sale of an NSP -3 -funded home, DEVELOPER will retain all net proceeds for future use as approved by GRANTEE. Such future use must be for an NSP -eligible activity. GRANTEE has explicitly elected to forgo recapture of any and all net proceeds and to have such net proceeds remain with DEVELOPER. III. Project Requirements The DEVELOPER agrees to comply with all requirements of the NSP -3 as stated in the NSP Notice and CDBG regulations, including but not limited to the following: A. NSP -3 Eligible Use, CDBG National Objective and Eligible Activities — The DEVELOPER will ensure and document that its NSP -3 activities meet LMMI national objective, eligible use, allowable cost, and eligible activity requirements of the NSP Notices & CDBG Regulations. The DEVELOPER will ensure that any expenditure of NSP -3 funds will be in compliance with the requirements, and acknowledges that NSP -3 funds will only be provided as reimbursement for eligible costs incurred, including actual expenditures or invoices for work completed. B. Property Acquisition — If any foreclosed -upon homes or residential properties are to be acquired with NSP -3 funds, the DEVELOPER will acquire property with NSP -3 funds at a minimum discount of one percent from fair market value for each residential property. This requirement applies to foreclosed properties purchased with NSP -3 funds, and the discount must be taken from the current market appraised value as described In the NSP - 3 NOFA. 1. Eligible properties — HERA and NSP -3 limits the properties that are eligible for assistance to certain locations and types of properties (depending on the Eligible Use.) Eligible locations are listed in Exhibit A. If the DEVELOPER has proposed to undertake any activities subject to the NSP -3 Low -Income Set -Aside, these activities may only be undertaken on foreclosed or abandoned residential property. 2. Prohibition against eminent domain — The DEVELOPER will not undertake any involuntary acquisition of property with NSP -3 funds without prior written consent of the GRANTEE and written opinion of counsel that such acquisition is lawful. 3. Appraisal — Appraisals for acquisitions funded with NSP -3 funds are required for all foreclosed properties. Exceptions to this requirement may be approved by the GRANTEE. a. NSP -3 requires appraisals to be performed with respect to the NSP -3 funded acquisition of foreclosed upon homes and residential properties, even though they may be considered voluntary under the URA. The GRANTEE further requires an appraisal for all NSP -3 -assisted acquisitions of property to ensure cost reasonableness. b. The URA appraisal requirements of 49 CFR 24.103 must be met. For Page 6 of 43 C. L7 E. acquisitions which meet the applicable voluntary acquisition requirements of 49 CFR 24.101(b), the DEVELOPER must ensure that the owner is informed in writing of what it believes to be the market value of the property, and that the DEVELOPER will not acquire the property if negotiations fail to result in a an amicable agreement (see 49 CFR 24.101(b)(1) & (b)(2)). C. The appraisal must have been completed within 60 days of the offer made for the property (an initial offer can be made, subject to the completion of the appraisal within 60 days of a final offer). 4. Occupied properties — If the PROJECT is occupied at the time of this commitment, the DEVELOPER will comply with the relocation requirements of 24 CFR 570.606. 5. Purchase Discounts — HERA requires all NSP -3 -assisted acquisitions of foreclosed property to be at a discount from the current market appraised value of the property, taking into account its current condition, and such discount shall ensure that the DEVELOPER is paying below-market value for the home or property. A minimum discount of 1 percent less than current market appraised value for each property purchased with NSP -3 funds is required for all acquisitions funded with NSP -3. The address, appraised value, purchase offer amount, and discount amount of each foreclosed property purchase must be documented in the DEVELOPER's records. Demolition — The DEVELOPER may demolish major or convert units from non-residential uses only with the prior written permission of GRANTEE. Construction/rehabilitation — For any construction or rehabilitation in this project, DEVELOPER will comply with the provisions of Section VII. If this project involves the construction or rehabilitation of properties with 8 or more units, the DEVELOPER shall comply with the provisions of the Davis -Bacon Act and regulations (29 CFR, Part 5), as amended. If the building or commonly owned development (e.g. condo or townhouse) has 8 or more units, Davis Bacon is applicable, even if NSP -3 funds only treat one unit. Property Standards — The DEVELOPER will carry out all NSP -3 -assisted activities in accordance with applicable laws, codes, and other requirements relating to housing safety, quality, and habitability, in order to sell, rent, or redevelop such homes and properties. 1. Rehabilitation Standards — DEVELOPER will carry out all NSP -3 -assisted rehabilitation of a foreclosed -upon home or residential property in compliance with the rehabilitation standards in the GRANTEE's NSP -3 substantial amendment, and in accordance with applicable laws, codes, and other requirements relating to housing safety, quality, and habitability. 2. Lead-based paint — The DEVELOPER agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.487 or 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all NSP -3 - assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead- based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, Page 7 of 43 treatment and/or abatement may be conducted. 3. Accessibility — The DEVELOPER shall work with any homebuying household that includes a person with disabilities to provide accessibility modifications required under the policy of reasonable accommodations and reasonable modifications. All such modifications shall be considered to be eligible NSP -3 costs under this agreement. F. Maximum Sales Price — The final sales price shall not exceed the amount permitted by the NSP -3 requirements listed below: 1. If an abandoned or foreclosed upon home or residential property is to be sold to an individual as a primary residence, no profit may be earned on such sale. 2. HERA Section 2301(d)(2) directs that the sale of such property shall be in an amount equal to or less than the cost to acquire and redevelop or rehabilitate such home or property up to a decent, safe, and habitable condition. Further, the sale price must be the lesser of the post -development fair market value or the acquisition/redevelopment cost. 3. The maximum sales price for a property is determined by aggregating all costs of acquisition, rehabilitation, and redevelopment (including related activity delivery costs, which generally include, among other things, costs related to the sale of property). 4. In determining the sales price, the GRANTEE will NOT consider the costs of boarding up, lawn mowing, maintaining the property in a static condition, or, in the absence of NSP -3 -assisted rehabilitation or redevelopment, the costs of completing a sales transaction or other disposition to be redevelopment or rehabilitation costs. G. Sale and Occupancy — All of the funds made available under this Agreement shall be used with respect to: 1. Buyer Qualification — All buyers of NSP -3 -assisted units shall be individuals and families whose incomes do not exceed 120% of area median income (referred to as "low-, moderate- and middle-income", or LMMI). DEVELOPER shall verify and document income eligibility of all buyers in compliance with 570.203(a) definition of "Income." a. Low -Income Set -Aside (if applicable) — If applicable, the DEVELOPER must expend at least the amount of set-aside funding identified in Exhibit A of this Agreement to create permanent housing for households with incomes at or below 50% of area median. The DEVELOPER may choose to expend more than the set-aside amount from NSP -3 funds allocated within Eligible Uses A and B, but within the total NSP -3 award covered by this agreement, and doing so will not require an amendment to this Agreement. 2. Counseling Requirement — Each NSP -3 -assisted homebuyer is required to complete at least eight hours of homebuyer counseling from a HUD -approved housing counseling agency or a counselor approved by the GRANTEE. 3. First Mortgage — DEVELOPER must ensure that homebuyers obtain a mortgage loan from a lender who agrees to comply with the bank regulators' guidance for non- traditional mortgages. DEVELOPER is prohibited from permitting homebuyers to obtain subprime mortgages for whom such mortgages are inappropriate. 4. Affordability Period — All NSP -3 -assisted units must adhere to the affordability provisions as listed in Exhibit A-1, which is based upon the total amount of NSP -3 Page 8 of 43 funds provided per unit. a. Affordability periods must be enforced utilizing a mortgage, promissory note and, where applicable, deed restriction. b. The Affordability Period is a minimum standard, and DEVELOPER may propose a longer Affordability Period. 5. NSP -3 Note and Mortgage — For any units that are to be owner -occupied, the DEVELOPER shall assure that any NOTES and MORTGAGES recorded for NSP -3 buyers shall be in compliance with the GRANTEE's Substantial Amendment to its Consolidated Plan, in the form prescribed by or acceptable to the GRANTEE. H. Project Monitoring and Recordkeeping — The DEVELOPER will be monitored by the GRANTEE for compliance with the NSP -3 requirements and the applicable CDBG regulations of 24 CFR Part 570. The DEVELOPER will provide reports and access to project files, including homebuyer files, as requested by the GRANTEE during the PROJECT and for Five (5) years after completion and closeout of the AGREEMENT as required under Section IX of this Agreement. IV. GRANTEE Responsibilities A. GRANTEE is responsible for the following tasks and deliverables. B. The GRANTEE shall furnish the DEVELOPER with information regarding requirements for the project, including any changes in NSP -3 regulations or program limits that affect the project, including but not limited to income limits. C. Environmental Review — GRANTEE will complete environmental assessments and provide clearances for all NSP -3 target areas, as well as approvals of site-specific environmental reviews prepared by DEVELOPER and delivered to GRANTEE. D. Inspections — The GRANTEE will conduct progress Inspections of work completed and review of project files and information to protect its interests as lender and regulatory authority for the project, and will provide information to the DEVELOPER regarding any progress inspections or monitoring to assist it in ensuring compliance. The GRANTEE's review and approval will relate only to overall compliance with the general requirements of this Agreement and NSP -3 requirements, and all GRANTEE regulations and ordinances. E. Disbursements — GRANTEE will manage all draws of NSP -3 funds from HUD and payment of valid and properly documented draw requests from DEVELOPER. The GRANTEE will disburse funds as provided in Section IV of this Agreement. GRANTEE will process requests for disbursements of NSP -3 funds, including necessary construction inspections, in a timely manner. GRANTEE will clearly and promptly describe any deficiencies identified by GRANTEE that prevent a disbursement or portion of a disbursement from being approved. F. Reporting — GRANTEE will report to HUD via the Disaster Recovery Grant Reporting System (DRGR) system and on www.FederalReporting.gov in a timely manner as required by HUD. G. Monitoring — GRANTEE will monitor all program activities of DEVELOPER to assure compliance with the terms of this Agreement including all NSP -3 requirements. Page 9 of 43 H. Nothing contained herein shall relieve the DEVELOPER of any responsibility as provided under this Agreement. V. Disbursement of Funds A. Project expenses (excluding developer fee) shall be paid based on vouchers for actual expenses incurred or paid. All such expenses shall be in conformance to the approved project budget. It is understood and agreed that funds will be used according to the approved budget (Exhibit B). Developer has the authority to reallocate $25,000 per income category, but shall not expend less than the Low Income Set Aside allocation of $971,042. Should the Developer determine that the reallocation is necessary, a prior notification and written approval shall be duly signed by the Developer and the Director of HHVS. Reallocations above $25,000 between income categories will require prior Grantee approval. B. Requests for payment must be submitted by the DEVELOPER on forms specified by the GRANTEE, with adequate and proper documentation of eligible costs incurred in compliance with NSP -3 and CDBG rules. The DEVELOPER agrees to submit requests for payment in a timely manner in the form and times directed by the GRANTEE. C. The GRANTEE will pay to the DEVELOPER funds available under this Agreement based upon information submitted by the DEVELOPER and consistent with any approved budget and GRANTEE policy concerning payments. Payments will be made for eligible NSP -3 related expenses actually incurred by the DEVELOPER, and will not exceed actual cash requirements. In addition, the GRANTEE reserves the right to liquidate funds available under this contract for costs incurred by the GRANTEE on behalf of the DEVELOPER. D. Funds will be drawn through the Disaster Recovery Grant Reporting (DRGR) system, which generally provides access to grant funds within 3 working days of an electronically submitted request by the GRANTEE. To ensure expeditious implementation of activities, GRANTEE will draw funds from DRGR and make payment to the DEVELOPER promptly on receipt of the DEVELOPER's complete and properly submitted requests for payment for activities under this agreement, if feasible. E. The NSP -3 funds will be secured by a note and mortgage on the property, which shall be released upon sale to an eligible buyer. F. The GRANTEE reserves the right to inspect records and project sites to determine that reimbursement and compensation requests are reasonable. The GRANTEE also reserves the right to hold payment until adequate documentation has been provided and reviewed. G. The DEVELOPER may submit a final invoice upon completion. Final payment shall be made after the GRANTEE has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with NSP -3 regulations, including submission of a completion report and documentation of eligible occupancy, property standards and long-term use restrictions. H. The GRANTEE shall pay the DEVELOPER as maximum compensation for the developer services as provided in the approved Budget in Exhibit B. If multiple projects or buildings are involved, the developer fee may be pro -rated to each building or project, and the applicable percentage may be applied to each. I. The DEVELOPER shall retain any net proceeds of sales, after the payment of all closing costs and approved developer fee, under this contract, and shall comply with the following (as checked): Page 10 of 43 F71 The DEVELOPER may reuse such net proceeds of sale for NSP -3 -eligible activities.. ❑ The DEVELOPER shall return the net proceeds of each sale to the GRANTEE at each closing. VI. Repayment of Funds A. All NSP -3 funds are subject to repayment in the event the PROJECT does not meet the Project Requirements and Other Requirements as outlined in this Agreement, including deadlines. B. It is understood that, upon the completion of the PROJECT, any NSP -3 funds obligated but not expended under this agreement will revert to the GRANTEE. VII. Contracting, Labor & Hiring Provisions During the performance of this contract, the DEVELOPER agrees as follows: A. The DEVELOPER will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin(s). The DEVELOPER will take affirmative action to ensure the applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin(s). Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The DEVELOPER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer of the GRANTEE setting forth the provisions of this nondiscrimination clause. B. The DEVELOPER will, in all solicitations or advertisements for employees placed by or on behalf of the DEVELOPER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The DEVELOPER will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. D. The DEVELOPER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the GRANTEE and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and order. 1. In the event the DEVELOPER is found to be in noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the DEVELOPER may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965 or by rule, regulations, or order of the Secretary of Labor or as otherwise provided by law. Page 11 of 43 E. The DEVELOPER will include the provisions of this Section in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The DEVELOPER will take such action with respect to any subcontract or purchase order as the GRANTEE may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the DEVELOPER becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the GRANTEE, the DEVELOPER may request the United States to enter into such litigation to protect the interest of the United States. F. The DEVELOPER agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. G. The DEVELOPER agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act, as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. H. The DEVELOPER agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The DEVELOPER shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the GRANTEE for review upon request. The DEVELOPER will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise means a business at least fifty-one (51) percent owned and controlled by minority group developers or women. The DEVELOPER may rely on written representations by businesses regarding their status as minority and women -owned business enterprises in lieu of an independent investigation. The DEVELOPER agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the GRANTEE pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the DEVELOPER of its obligation, if any, to require payment of the higher wage. The DEVELOPER shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. The DEVELOPER shall comply with the provisions of the Copeland Anti -Kick -Back Act (18 U.S.C. 874) as supplemented in Labor Regulations (29 CFR Part 3), as amended. Page 12 of 43 K. Compliance with the provisions of Section 3 of the Housing and Urban Development Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the GRANTEE, the DEVELOPER and any of the DEVELOPER's contractors and subcontractors. The DEVELOPER certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 1. The DEVELOPER further agrees to comply with these Section 3 requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." 2. The DEVELOPER further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the NSP -3 -funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the NSP -3 -funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. 3. The DEVELOPER further warrants and agrees to include or cause to be included the criteria and requirements of this Section in every non-exempt subcontract in excess of $100,000. The DEVELOPER also agrees to take such action as the federal, state or local government may direct to enforce aforesaid provisions. Vill. Compliance with Other Federal, State & Local Laws A. The DEVELOPER covenants and warrants that it will comply with all applicable laws, ordinances, codes, rules and regulations of the state local and federal governments, and all amendments thereto. B. Environmental review — All NSP -3 assistance is subject to the National Environmental Policy Act of 1969 and related federal environmental authorities and regulations at 24 CFR Part 58. 1. No NSP -3 project funds will be disbursed, and no costs can be incurred, until the Page 13 of 43 GRANTEE has conducted an environmental review of the proposed project site as required under 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify or cancel the project. Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the GRANTEE of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. 2. Further, the DEVELOPER will not undertake or commit any funds to physical or choice -limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair or construction prior to the environmental clearance, and must indicate that the violation of this provision may result in the denial of any funds under the agreement. 3. A copy of the Environmental Review Record shall be maintained by both the DEVELOPER and the GRANTEE. C. Flood Disaster Protection — In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the DEVELOPER shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation.) D. Historic Preservation — The DEVELOPER agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. E. Relocation — The DEVELOPER agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24; 24 CFR Part 42 — Displacement, Relocation Assistance and Real Property Acquisition for HUD and HUD Assisted Programs; and 24 CFR 570.606 — Displacement, relocation acquisition, and replacement of housing, as may be amended by the NSP Notice. The DEVELOPER also agrees to comply with applicable GRANTEE or local ordinances, resolutions and policies concerning the displacement of persons. 1. To meet these requirements, the owner of record must be notified in writing that Federal financial assistance will be used in the transaction and that if agreement cannot be reached through negotiation, that the acquisition will not take place. There are specific URA voluntary acquisition requirements that must be met depending on whether or not the buyer has the power of eminent domain and will not use it (see 49 CFR 24.101(b)(1)(i)-(iv)) or if the buyer does not have the power of eminent domain (see 49 CFR 24.101(b)(2)). Any acquisition under possible threat of eminent domain, cannot be considered a "voluntary acquisition" (even if the seller is willing to negotiate). 2. The relocation provisions of the Uniform Relocation Act apply to NSP -3 funds. An unlawful occupant (see 49 CFR 24.2(a)(29)) who is displaced for an NSP -3 -funded acquisition will not be entitled to relocation assistance and payments. However, a lawful occupant displaced for an NSP -3 -funded acquisition will generally be eligible Page 14 of 43 for relocation assistance and payments under URA. The DEVELOPER shall provide appropriate relocation assistance (URA or Section 104(d)) to eligible displaced persons as defined by applicable HUD and/or URA regulations that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for an NSP -3 -assisted project. F. The DEVELOPER agrees to comply with applicable state and local civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended (the HCDA), Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086, and will include the provisions in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its contractors and subcontractors. G. The DEVELOPER agrees to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). H. The DEVELOPER agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the United States Code. The DEVELOPER is prohibited from using funds provided herein or personnel employed in the administration of the program for inherently religious activities, lobbying, political patronage, and nepotism activities. I. Conflict of Interest — The provisions of 24 CFR 570.611, apply to the award of any contracts under the agreement and the selection of buyers for NSP -3 -assisted units. No member or Delegate to the Congress of the United States shall be permitted to any share or part of this contract or any benefit hereunder. No member, officer or employee of the GRANTEE; or its designees, or agents; or member of the GRANTEE Council of the GRANTEE; and no other public official of the GRANTEE who exercises any functions or responsibilities with respect to the program during his tenure or for one (1) year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed under this agreement. Exceptions must be requested by the DEVELOPER and the GRANTEE may grant exceptions as permitted by Regulation. IX. Reporting, Monitoring & Access to Records A. The DEVELOPER agrees to submit any and all reports required by HUD or the GRANTEE. Additional reporting information is contained in Exhibit A-4 through A-7, inclusive. B. The DEVELOPER shall collect and maintain Project beneficiary information pertaining to household size, income levels, racial characteristics, and the presence of Female Headed Households in order to determine low and moderate -income benefit in a cumulative and individual manner. Income documentation shall be in a form consistent with NSP -3 requirements. C. The DEVELOPER agrees to provide the GRANTEE access to records and projects at any time during project implementation or for five years after project closeout for purposes of Page 15 of 43 verifying compliance with NSP -3 requirements and this agreement. Access shall be immediately granted to the GRANTEE, HUD, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the DEVELOPER or its contractors which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. D. The GRANTEE reserves the right to audit the records of the DEVELOPER any time during the performance of this Agreement and for a period of five years after final payment is made under this Agreement. If required by A-133, the DEVELOPER will provide the GRANTEE with a certified audit of the DEVELOPER's records representing the Fiscal Year during which the PROJECT becomes complete. E. Project Closeout — The DEVELOPER's obligation to the GRANTEE shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, accounting for use of funds, provision of all reports and records required by the GRANTEE. X. Suspension & Termination In accordance with 24 CFR 85.43, suspension or termination may occur if the DEVELOPER materially fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. A. If the DEVELOPER fails in any manner to fully perform and carry out any of the terms, covenants, and conditions of the agreement, or if the DEVELOPER refuses or fails to proceed with the work with such diligence as will insure its completion within the time fixed by the schedule set forth in this agreement, the DEVELOPER shall be in default and notice in writing shall be given to the DEVELOPER of such default by the GRANTEE or an agent of the GRANTEE. if the DEVELOPER fails to cure such default within such time as may be required by such notice, the GRANTEE, acting by and through the GRANTEE, may, at its option, terminate and cancel the contract. 1. In the event of such termination, all funds awarded to the DEVELOPER pursuant to this agreement shall be immediately revoked and any approvals related to the PROJECT shall immediately be deemed revoked and canceled. In such event, the DEVELOPER will no longer be entitled to receive any compensation for work undertaken after the date of the termination of this agreement, as the grant funds will no longer be available for this project. 2. In such event, the DEVELOPER shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder to the date of said termination. 3. Notwithstanding the above, the DEVELOPER shall not be relieved of liability to the GRANTEE for damages sustained by the GRANTEE by virtue of any breach of the contract by the DEVELOPER and the GRANTEE may withhold any payments to the DEVELOPER for the purpose of setoff until such time as the exact amount of damages due the GRANTEE from the DEVELOPER is determined whether by court of competent jurisdiction or otherwise. 4. Such termination shall not effect or terminate any of the rights of the GRANTEE as Page 16 of 43 against the DEVELOPER then existing, or which may thereafter accrue because of such default, and the foregoing provision shall be in addition to all other rights and remedies available to the GRANTEE under the law and the note and mortgage (if in effect), including but not limited to compelling the DEVELOPER to complete the project in accordance with the terms of this agreement, in a court of equity. 5. The waiver of a breach of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, or condition hereof. The GRANTEE may terminate for its convenience this contract at any time by giving at least thirty (30) days notice in writing to the DEVELOPER. If the contract is terminated by the GRANTEE, as provided herein, the GRANTEE will reimburse for any actual and approved expenses incurred, including those costs involved in terminating the contracts and shutting down the work as of the date of notice, and the DEVELOPER will be paid as compensation an amount which bears the same ratio to the total compensation as the services actually performed bear to the total service of the DEVELOPER covered by this contract, less payments of compensation previously made. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stats. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. XI. General Conditions A. All notices or other communication which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. GRANTEE Collier County Board of County Commissioners ATTN: Housing, Human and Veteran Services Page 17 of 43 3339 Tamiami Trail E, Suite 211 Naples, Florida 34112 With a Copy to: Collier County Office of County Attorney ATTN: Jennifer White 3299 Tamiami Trail E, Suite 800 Naples, Florida 34112 DEVELOPER Habitat for Humanity of Collier County, Inc. 11145 Tamiami Trail East Naples, Florida 34113 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. in the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of a subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E. The GRANTEE's failure to act with respect to a breach by the DEVELOPER does not waive its right to act with respect to subsequent or similar breaches. The failure of the GRANTEE to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. F. The parties hereto agree that this Agreement shall be construed and enforced according to the laws of the State of Florida. G. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the GRANTEE, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. H. The obligations undertaken by DEVELOPER pursuant to this Agreement shall not be delegated or assigned to any other person or agency unless GRANTEE shall first consent to the performance or assignment of such service or any part thereof by another person or agency. I. The Agreement shall be binding upon the parties hereto, their heirs, executors, legal representative, successors and assigns. J. DEVELOPER shall indemnify and save GRANTEE harmless from and against any negligent claims, liabilities, losses and causes of action which may arise out of Page 18 of 43 DEVELOPER's activities under this Agreement, including all other acts or omissions to act on the part of DEVELOPER, including any person acting for or on its behalf, and, from and against any orders, judgments, or decrees which may be entered and from and against all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. K. DEVELOPER and its employees and agents shall be deemed to be independent contractors, and not agents or employees of the GRANTEE, and shall not attain any rights or benefits under the civil service or pension ordinances of the GRANTEE, or any rights generally afforded classified or unclassified employee; further they shall not be deemed entitled to state Compensation benefits as an employee of the GRANTEE. L. Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. IN WITNESS WHEREOF, the GRANTEE and DEVELOPER authorized person or agent, hereunder set their hands and above written. BOARD OF COUNTY COMMISSI ERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman z�/r�,�� have each, respectively, by an seals on the date and year first AT..TEST:':.':,- f ; , pyJigBrack,.lerk of Courts r ti4.i � $tiiir't.; Apprdvedtas ib form and legal sufficiency: Assistant County Attorney Habitat for Humanity of Collier County, Inc. A Florida not-for-profit cor o tion By* - First ess P int: Title: ��<�� ; �� � ►ti fi" ype/print witness name � econd �Wltness Type/print witness name Page 19 of 43 EXHIBIT A. Project Description A. GENERAL Developer will be provided NSP -3 funds in the amount of Three Million Four Hundred Ninety Five Thousand Seven Hundred Forty Nine and 001100 Dollars ($3,495249). Such funds will be used to acquire eligible properties in the Grantees eligible target areas and to pay associated developer fees. B. ELIGIBLE TARGET AREAS Properties shall only be acquired in the target areas approved by the GRANTEE and described in the GRANTEE's NSP -3 action plan. Specifically, DEVELOPER may acquire properties in any of the following target areas: Target Area One Golden Gate City (HUD Neighborhood ID 1108764) • Census Tract 0104.10 o GeolD, 12021923012630001041001 o GeolD 120219230126300010410U2 o GeolD 12021923012630001041003 • Census Tract 0104.09 o GeolD 12021923012630001040901 o GeolD 120219230126300010409U2 o GeolD 120219230126300010409U3 o GeolD 12021923012630001040904 o GeoID120219230126300010409U5 • Census Tract 0104.11 o GeolD 120219230126300010411U1 o GeolD 12021923012630001041102 o GeolD 12021923012630001041103 o GeolD 120219230126300010411R3 o GeolD 120219230126300010411R1 Target Area Two East Naples Bayshore Gateway CRA (HUD Neighborhood ID 3981140 • Census Tract 0107.01 o GeolD 120219230199999010701U4 o GeolD 120219230199999010701U1 o GeolD 120219230199999010701U2 o GeolD 120219230199999010701 U3 o GeolD 120219230199999010701R2 C. ELIGIBLE ACTIVITIES The following activities are eligible under this Agreement and are more thoroughly described In the NSP Notice. NSP -Eligible Use (A) — 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. Page 20 of 43 As part of an activity delivery cost for an eligible activity as defined in 24 CFR 570.206. Also, the eligible activities listed below to the extent financing mechanisms are used to carry them out. NSP -Eligible Use (B) -- Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes and properties. 24 CFR 570.201(a) Acquisition, (b) Disposition, (i) Relocation, and (n) Direct homeownership assistance (as modified below): 0 24 CFR 570.202 eligible rehabilitation and preservation activities for homes and residential properties. o HUD notes that any of the activities listed above may include required homebuyer counseling as an activity delivery cost. NSP -Eligible Use (C) — Establish and operate land banks for homes and residential properties that have been foreclosed upon. • 24 CFR 570.201(a) Acquisition and (b) Disposition o HUD notes that any of the activities listed above may include required homebuyer counseling as an activity deliver cost. NSP -Eligible Use (D) — Demolish blighted structures. 24 CFR 570.201(d) Clearance for blighted structures only. NSP -Eligible Use (E) — Redevelop demolished or vacant properties as housing. 24 CFR 570.201(a) Acquisition, (b) Disposition, (c) Public facilities and improvements, (e) Public services for housing counseling, but only to the extent that counseling beneficiaries are limited to prospective purchasers or tenants of the redeveloped properties, (i) Relocation, and (n) Direct homeownership assistance (as modified below): o 24 CFR 570.202 Eligible rehabilitation and preservation activities for demolished or vacant properties. o 24 CFR 570.204 Community based development organizations. o HUD notes that any of the activities listed above may include required homebuyer counseling as an activity delivery cost. D. REHABILITATION OR REDEVELOPMENT NSP -assisted property subject to this Agreement shall be rehabilitated or redeveloped to the extent necessary to comply with applicable laws, codes, and other requirements relating to housing safety, quality, and habitability in order to sell, rent, or redevelop such homes and properties. Developer led rehabilitation is undertaken pursuant to 24 CFR 570.202(b)(1). New housing construction is undertaken pursuant to 24 CFR 570.204, or the NSP notice published on October 6, 2008, as amended. Pursuant to the Grantee's NSP -3 action plan, NSP -assisted property is required to meet or exceed local and state building codes; the current code applied in Collier County is 2007 Florida Building Code. Furthermore, HERA defines rehabilitation to include improvements to Page 21 of 43 increase the energy efficiency or conservation of such homes and properties or to provide a renewable energy source or source for such homes and properties. Such improvement are also eligible under the regular CDBG program. Developer is subject to Section 504 of the Rehabilitation Act of 1973 and the Fair Housing Act, including their respective provisions related to physical accessibility standards for person with disabilities. See 24 CFR Part 8; 24 CFR 100.205; See also 24 CFR 570.487 and 24 CFR 570.602. E. ELIGIBLE INCOME LEVELS OF BUYERS NSP -assisted property subject to the Agreement shall be used with respect to individuals and families whose income does not exceed 120 percent of area median income. However, not less than twenty-five (25) percent of the funds expended by Grantee in acquiring the properties subject to this Agreement shall be used to house individuals or families whose income do not exceed 50 percent of the area median income ("11-125 Requirement'). To ensure compliance with the NSP LH25 Requirement, DEVELOPER shall ensure that Nine Hundred Seventy One Thousand Forty Two and 00/100 Dollars ($971,042) be expended to comply with the LH25 Requirement. 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 related activity delivery costs, which generally include, among other things, costs related to the sale of the property). G. HABITAT FOR HUMANITY AFFILIATES Grantee hereby designates Habitat for Humanity of Collier County, Inc. as a Developer of the County's NSP. Pursuant to a HUD issued NSP Policy Alert titled "Guidance for Habitat for Humanity Affiliates," dated January 12, 2011, the following clarifications are hereby provided. a. DEVELOPER Developers are program beneficiaries and thus distinct from subrecipients, grantee employees, and contractors. Developers may receive NSP funds from the Grantee. Developer -led rehabilitation is undertaken pursuant to 24 CFR 570.202(b)(1). New housing construction is undertaken pursuant to 24 CFR 570.204, or the NSP notice published on October 6, 2008, as amended. Habitat for Humanity affiliates designated as developers: • Do not have to follow federal procurement rules; • May charge developer fees; • Do not have to follow OMB Circulars; • Are not required to treat revenues as program income Page 22 of 43 b. SALES PRICE VALUATION In addition to the information contained above under Maximum Sales Price," the cost of donated materials and professional services may also be included in the base for determining the maximum sales price under Section 2301(d)(3) of HERA. The cost of donated materials must be based on fair market value at the time of donation. Estimates of the value of unskilled or sweat -equity labor may not be included in the total development cost. Moreover, the costs of donated professional services and materials may not be reimbursed by the NSP grant. c. DEVELOPMENT SUBSIDY In some instances, the total development cost of rehabbed and/or newly constructed NSP units will be greater than the current market value of such unit. In such situations, NSP funds can be used to fill the appraisal gap, and will be considered a development subsidy. Grantee may not apply affordability instruments to NSP funds used as a development subsidy. This subsidy will be considered a "sunk cost" and is considered an eligible use of NSP funds. d. DETERMINATION OF NO UNDUE ENRICHMENT Pursuant to the terms and conditions of this Agreement, Developer shall be investing Developer's own funds, time, and effort when undertaking the project described herein. Furthermore, Developer is a not-for-profit provider of affordable housing. Based upon these facts, as well as the rules and regulations applicable to NSP, Grantee has determined that there is no undue enrichment should Developer recapture and retain the net proceeds from sale of properties assisted through this Agreement. H. INDEMNIFICATION To the maximum extent permitted by Florida law, the Developer shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Developer or anyone employed or utilized by the Developer in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. I. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the Page 23 of 43 individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Page 24 of 43 EXHIBIT A-1. Affordability Requirements GENERAL Developer will ensure that all properties subject to this Agreement comply with the affordability provisions of the HOME Investment Partnerships Program as contained in 24 CFR 92.254 relating to qualification as affordable housing for homeownership. The Developer, at its sole discretion, may impose greater restrictions so long as the restrictions are at level at or above those of the HOME Investment Partnerships Program. HOMEOWNERSHIP: LONG TERM AFFORDABILITY The NSP -assisted housing must meet the affordability requirements for not less than the applicable period specified in the following table, beginning after project completion. The per unit amount of NSP funds and the affordability period that they trigger are described more fully below under Recapture Provisions. Homeownership assistance NSP Minimum period of amountper-unit affordability in years Under $15,000 ........................... 5 $15,000 to $40,000 ...................... 10 Over $40,000 .............................. 15 Recapture Provisions The recapture provisions will ensure that the Developer recoups all or a portion of the NSP assistance benefiting the homebuyer, if the housing does not continue to be the principal residence of the family for the duration of the period of affordability. The period of affordability is based upon the total amount of NSP funds subject to recapture described above. The Developer may choose to recapture the entire amount of NSP assistance or a reduced amount on a prorata basis for the time the homeowner has owned and occupied the housing measured against the required affordability period. The net proceeds may be divided proportionally as set forth in the following mathematical formulas: NSP investment X Net proceeds = NSP amount to Developer NSP investment + homeowner investment homeowner investment X Net proceeds = amount to homeowner NSP investment + homeowner investment The Developer may permit the homebuyer to recover the homebuyer's entire investment (down payment and capital improvements made by the owner since purchase) before recapturing the NSP investment. Any NSP investment recaptured by the Developer shall remain with the Developer for future use toward other NSP -eligible activities. Page 25 of 43 EXHIBIT A-2. Disbursement GENERAL Developer shall invest its own funds to complete the rehabilitation or development of the properties associated with this Agreement thereby assuming risk associated with the project. To compensate Developer for such risk, and for providing NSP -related goods and services, such as, but not necessarily limited to, residential rehabilitation, eligible buyer identification, and final disposition, Developer shall be paid a developer fee. In addition to payment of developer fees, funding under this Agreement may be used for the acquisition of eligible properties. AMOUNT Grantee shall pay Developer a Ten Thousand and 00/100 Dollars ($10,000) developer fee for each of the properties acquired through this Agreement. The maximum combined developer fee paid by Grantee to Developer through this Agreement shall be Two Hundred Seventy Thousand and 00/100 Dollars ($270,000); this amount represents a cumulative of developer fees paid for each of the properties acquired through this Agreement. Grantee shall reimburse Developer a maximum One Hundred Fifty Thousand and 00/100 Dollars ($150,000) for each property acquired through this Agreement, unless a higher amount is approved in writing by Grantee; however, such reimbursed amount may not exceed the actual cost of acquisition. The maximum combined reimbursement paid by Grantee to Developer through this Agreement shall be Three Million Two Hundred Twenty Five Thousand Seven Hundred Forty Nine and 00/100 Dollars ($3,225,749); this amount represents a cumulative of reimbursements paid for each of the properties acquired through this agreement METHOD OF PAYMENT Grantee shall reimburse Developer a maximum One Hundred Fiftv Thousand and 00/100 Dollars ($150,000) for each property acquired through this Agreement; however, such reimbursed amount may not exceed the actual cost of acquisition. To secure payment following acquisition, Developer shall submit to Grantee the following supporting materials in a format acceptable to Grantee: 1. HUD -1 Settlement Statement 2. Proof of funds transfer a. i.e. evidence of wire transfers 3. Bank account statements detailing funds transfer 4. Appraisal 5. Attestation form to be provided by Grantee Grantee shall pay Developer one-half ($5,000 of a total per property developer fee of $10,000) of the developer fee per property upon acquisition of such property and one-half ($5,000 of a total per property developer fee of $10,000) at final sale to an income -eligible person or household. To secure payment following acquisition ($5,000 of a total per property developer fee of $10,000), Developer shall submit to Grantee the following supporting materials in a format acceptable to Grantee: Page 26 of 43 1. HUD -1 Settlement Statement 2. Proof of funds transfer a. i.e. evidence of wire transfers 3. Bank account statements detailing funds transfer 4. Appraisal 5. Attestation form to be provided by Grantee To secure payment following final sale ($5,000 of a total per property developer fee of $10,000), Developer shall submit to Grantee the following supporting materials in a format acceptable to Grantee: 1. HUD -1 Settlement Statement 2. Appraisal 3. Sale Contract 4. Attestation form to be provided by Grantee Page 27 of 43 EXHIBIT A-3. Grant Agency Requirements APPLICABLE LAWS AND REGULATIONS Certain State and Federal laws, regulations, and Executive Orders are applicable in part or in whole to the NSP. The applicable laws, regulations, and Executive Orders, classified generally by compliance area, include but may not be limited to the following. GENERAL REQUIREMENTS The Housing and Community Development Act of 1974, as amended and as implemented by the most current HUD regulations (24 CFR Part 570). Federal Register Docket No. FR -5447-N-01: Notice of Formula Allocations and Program Requirements for Neighborhood Stabilization Program Formula Grants; October 19, 2010. U.S. Department of Housing and Urban Development's Playing by the Rules: A Handbook for CDBG Sub -recipients on Administrative Systems. CIVIL RIGHTS • Title VI - Civil Rights Act of 1964. • Section 109 - Title I - Housing and Community Act of 1974. • Title VIII of the Civil Rights Act, 1968 (Fair Housing Act), as amended. 42 U.S.C. 3601. • Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990. • Executive Order 11246 - Equal Employment Opportunity, as amended by Executive Order 11375, Parts 11 and III. • Executive Order 11063 - Equal Employment Opportunity, as amended by Executive Order 12259. • Section 3 of the Housing and Development Act of 1968, as amended Section 118 of Title 1, Community Development and Housing Act, 1974. • Age Discrimination Act of 1975. • Executive Order 12432: National Priority to Develop Minority and Women Owned Businesses. • Section 504 of the Rehabilitation Act of 1973 and implementation regulation (24 CFR Part 8). ACQUISITION AND RELOCATION • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (46 U.S.C. 4601 and regulations at 49 CFR, Part 24). HOUSING • The Truth in Lending Act (Regulation Z). • Title I Consumer Protection Act (PL 90321). • The Lead Base Paint Poisoning Prevention Act (42 U.S.C. 4831-5 et al.) and HUd implementing regulations (24 CFR Part 35). • The Residential Lead -Based Paint Hazard Reduction Act of 1993 (PL 102-550). • The National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C., 5401 et. seq., as amended). • Manufactured Housing Act (O.C.G.A. Sections 8-2-130 and 160 et. seq.). Page 28 of 43 • Construction Industry Licensing Board Act (O.C.G.A. Section 43-14-8). • The Fire Administration Authorization Act of 1992 (PL 102-522). ENVIRONMENTAL • Title I of the Housing and Community Development Act, Section 104(8) — as amended (42 U.S.C. 5304) and published in 24 CFR Part 58. • Section 306 of the Clear Air Act (42 U.S.C. 1857(h)) Section 508 of the Clean Water Act (33 U.S.C. 1368). • Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). • Energy Policy and Conservation Act (Pub. L.94-163). LABOR STANDARDS • The Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations. • The Davis -Bacon Act (40 U.S.C. 276(a) to (a-7), as supplemented by Department of Labor Regulations. • The Davis -Bacon Act (42 U.S.C. 5310). • The Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented by Department of Labor regulations. * Conditions prohibiting inherently religious activities (24 CFR 570.2000)). HOUSING REHABILITATION REQUIREMENTS • The Common Rule 24 CFR 85 — applies if the direct party of the construction contract. This rule requires a competitive procurement. • Federal Labor Standards — Only in certain situations. Davis -bacon wage rate are applicable when NSP funds are used for rehabilitation of more than 8 housing units in one project. • Lead -Based Paint Hazard Elimination (24 CFR Part 35) — These rules include inspection, testing, risk assessments, hazard control or abatement, safe work practices, clearance and notification/disclosure requirements. • Section 3 Clause of the Urban Development Act of 1968, and as implemented by HUD regulations at 24 CFR Part 135 applies (regardless of the dollar amount of the contract) in the following situations: o If the Recipient contracts directly for rehabilitation services or acts as an agent for the homeowner, i.e., signs the rehabilitation contract. o If the Recipient provides homeowners with a list of contractors eligible to participate in the local rehabilitation program, the Recipient should assure that eligible Section 3 business concerns located or owned in part by residents of the area are also included on the list. o If the individual homeowner contracts directly for rehabilitation services and the Recipient is not a party to the contract, the Section 3 requirements do not have to be followed. • Section 104(d) of the Housing and Community Development Act is applicable if rental units are converted to non- "low and moderate income dwelling units" or if occupied or Page 29 of 43 occupiable housing units are demolished. See HUD regulations at 24 CFR Part 570.606 and 24 CFR Part 42. The Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended, and as implemented by DOT regulations 49 CFR Part 24, is applicable if tenants or homeowners (regardless of income) are displaced in conjunction with a NSP activity. The Truth -In -Lending Act (Regulation Z) (USC 1601, et. seq.) which applies to any loan transaction between the Recipient and the homeowner provided the Recipient meets the criteria of being a "creditor", as defined by the Federal Reserve System EQUAL OPPORTUNITY FAIR HOUSING, AND ACCESSIBILITY GENERAL The regulations pursuant to Title I of the Housing and Community Development Act require applicants to assure through certification that all activities will be conducted in accordance with Section 109 of the Act (the nondiscrimination clause), Title VI of the Civil Rights Act of 1964, Title Vlll of the Civil Rights Act of 1968, and Executive Orders 11246 and 11063. These requirements are briefly described below: 1. Title VI of Civil Rights Act of 1968 Nondiscrimination in any programs or activities receiving Federal financial assistance. 2. Section 109 of Title I — Housing and Community Development Act of 1974 Nondiscrimination in any program or activity subject to the provisions of this title. No person in the United States shall on the ground of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or part under this Title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity. 3. Title Vlll of the Civil Rights Act of 1968, as amended. Prohibition against discrimination based on sex. 4. The Fair Housing Law Provides protection against the following acts, if they are based on disability, race, color, religion, sex, national origin, or family status: • Refusing to sell or rent to, deal or negotiate with any person Discriminating in terms or conditions for buying or renting Housing • Discriminating by advertising that housing is available only to persons of a certain family status, race, color, religion, sex, or national origin • Denying that housing is available for inspection, sell or rent when it really is available • "Blockbusting" - For profit, persuading owners to sell or rent housing by telling them that minority groups are moving into the neighborhood • Denying to anyone the use of or participation in any real estate services, such as brokers' organizations, multiple listing services or other facilities related to the selling or renting of housing • Denying or making different terms or conditions for home loans by commercial lenders, such as banks, savings and loan associations and insurance companies Page 30 of 43 5. Executive Order 11063 - Equal Opportunity in Housing, as amended by Executive Order 12259 — All departments and agencies are directed to take all action necessary and appropriate to prevent discrimination in housing and related facilities owned or operated by the Federal Government or provided with Federal financial assistance and in the lending practices with respect to residential property and related facilities (including land to be developed for residential use) of lending institutions, insofar as such practices relate to loans insured or guaranteed by the Federal Government. 6. Executive Order 11246 — Equal Employment Opportunity, as amended by Executive Order 11375. Part II - Employment under Federal contracts. Non-discrimination in employment by government contractors and subcontractors. Part III - Federally assisted construction contracts. Non-discrimination in employment under federally assisted construction contracts. Parts 11 and III are administered by the Department of Labor. 7. Section 3 of the Housing and Development Act of 1968, as amended and as implemented by HUD regulations at 24 CFR Part 135 Section 3 provides that to the greatest extent feasible, training and employment opportunities shall be made available to lower income residents of project areas and that contracts be awarded to small businesses located within the project area or owned in substantial part by project area residents. SECTION 504 REQUIREMENTS Local government recipients and subrecipients must comply with Section 504 of the Rehabilitation Act of 1973, as amended. This requirement is similar to the "Americans with Disability Act" (ADA) which is also applicable. HUD published implementation regulations (24 CFR Part 8) as a final rule on June 2, 1988. The general requirement is that no otherwise qualified Individual with a disability (physical or mental) shall, because a recipient's facilities are inaccessible to or unusable by Individuals with disabilities, be excluded from participation in, denied benefits, or otherwise be subjected to discrimination under any program or activity that receives NSP assistance. The definition of disability includes physical and mental factors and also includes those who may be regarded as handicapped (such as the spouse or children of a person with AIDS). Both building accessibility and employment practices are covered by Section 504. AFFIRMATIVELY FURTHERING FAIR HOUSING Any Subrecipient must certify that it will affirmatively further fair housing, mandated under 24 CFR 570.602. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 As amended, provides that, to the greatest extent feasible, opportunities for training and employment shall be given to recipients of public housing and lower-income residents of the unit of local government or the metropolitan area (or non -metropolitan county) in which the project is located. Contract work in connection with such projects shall be awarded to business concerns which are owned in substantial part by persons residing in the same metropolitan area (or nonmetropolitan county) as the project, employ Section 3 residents in full-time positions, or subcontract with businesses which provide economic opportunities to lower income persons. Section 3 Regulations 24 CFR 135. § 135.38 Section 3 clause. Page 31 of 43 All section 3 covered contracts shall include the following clause (referred to as the section 3 clause); A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD"s regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers" representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD"s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section7(b). Page 32 of 43 Pursuant to 24 CFR 24, all NSP grantees are required to verify that any/all persons, contractors, consultants, businesses, sub-recipients, etc. that are conducting business with the grantee, including any city/county or the grantee itself, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the covered transaction or in any proposal submitted in connection with the covered transaction. Verification will be checked through the Excluded Parties Listing System (at website: www.epls.gov). Page 33 of 43 EXHIBIT A-4. Reporting REPORTING SCHEDULE The Developer shall submit quarterly reports to Grantee based on the following schedule. Reports shall be submitted according to this schedule as long as this Agreement is in force: Activit Reporting Period Report Due Date October 15 — December 31g Januar 10 Januar 31' — March 31" Aril 10 A ril 13 — June 30 Jul 10 Jul 15 — September 30 October 10 NSP -3 DEVELOPER AGREEMENT HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Date Submitted: Activity Reporting Period: Contact Person: Telephone: Email: GENERAL 1. Activity Status or Milestones — describe any significant actions taken or outcomes achieved during this reporting period. 2. Future Actions — what significant actions or outcomes are expected during the next reporting period? 3. Obstacles — describe any potential obstacles, challenges, or issues that may cause delay. Page 34 of 43 ACTIVITY STATUS Complete the following information by entering the appropriate numbers for this reporting period in the tables below. Do not duplicate information from previous reporting periods. UN -=Ttits.J�e ott�n _Pedocl� No. Active Projects No. Projects Complete No. Properties Demolished No. Properties Sold TOTAL HOUSEHOLD INFORMATION Complete these tables for those properties sold during this reporting period. • �� � —��,� �,.�� _ � � : -a- �� � ��'his"�e ortira P;�t7od No. Extremet -Low Income Households 0-30% AMI No. Ver -Law Income Households 31-50%AMI No. Low -Income Households 51-80%AMI No. Moderate -Income Households 81-920% AMI No. Female Head of Households TOTAL RACE AND ETHNICITY BENEFICIARIES ¢ y a =� a cflt. tVQ1S . 3n1C' White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi -Racial TOTAL Page 35 of 43 EXHIBIT A-5. Monitoring DATE: HOMEBUYER(S) NAME: PROPERTY ADDRESS: DEVELOPER shall submit the following completed form upon final sale of each property associated with this Agreement. SECTION A: PARTICIPANT ELIGIBILITY 3. 4. the Developer correctly apply income inclusions and exclusions for the El❑ ❑ sen income definition and was the calculation performed correctly? Yes No N/A Basis for Conclusion: household income supported with source documentation? ❑ ❑ ❑ Yes No N/A Basis for Conclusion: Was the family's annual income less than or equal to 120% of the area ❑ ❑ ❑ median income (or less than or equal to 50% if the unit was designated for Yes No N/A he Low Income set-aside)? Describe Basis for Conclusion: Does the file document that the homebuyer received and completed at -leasl ❑ ❑ ❑ eight hours of homebuyer counseling from a HUD -approved housing Yes No N/A counseling agency before purchase? Describe Basis for Conclusion: Page 36 of 43 5. ] El 0 ruse es the written agreement with the homebuyer specify that the buyer mus the property as a principal residence throughout the period of Yes No NIA be Basis for Conclusion: 6. Does the written agreement specify remedies or actions the Grantee must F1 E] F] oke if the principal residence requirement is not met for the affordability Yes No N/A period? Describe Basis for Conclusion: SECTION B: AFFORDABILITY PROVISIONS 7. rreocaptureworr"resaale es the ten greement with the homebuyer include the required [� provisions, as described in the Developer Agreement? Yes No N/A Basis for Conclusion: 8. as the correct period of affordability established for the project, based n [] upon the total amount of NSP assistance provided to the homebuyer if Yes No N/A under a resale provision or the direct subsidy provided with NSP funds, if under a recaptureprovision? Describe Basis for Conclusion: 9. Were legal documents recorded: deed restriction or covenant running with n F1 n he land if the property is under resale provisions, or note/deed of trust and Yes No N/A mortgage for recapture provisions? Describe Basis for Conclusion: Page 37 of 43 SECTION C: PROPERTY STANDARDS MA 11. the project was constructed before 1978, did the Developer comply with ad -safe housing requirements at 24 CFR Part 35? Basis for Conclusion: the project involved rehabilitation or new construction of a unit, does the ial inspection confirm that the property met all applicable property andards at completion? Basis for Conclusion: Prepared By: Telephone: Email: Page 38 of 43 ❑ ❑ ❑ (es No N/A ❑ ❑ ❑ (es No N/A EXHIBIT A-6. Income Certification Neighborhood Stabilization Program 3 Habitat for Humanity of Collier County, Inc. INSTRUCTIONS Submit completed form, including appropriate supporting documentation, to Grantee to obtain approval prior to the sale of a property associated with this Agreement to an eligible person or household. Effective Date: A. Household Information Member Names — All Household Members Relationship Age M 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Income Member Asset Description Cash Value from Assets 1 2 3 4 5 6 7 8 Total Cash Value A Assets B(a) Total Income from Assets B{b} If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 2.0%) and enter results in B(c), otherwise leaveB c blank. Page 39 of 43 C. Anticipated Annual income. Includes Unearned Income and Support Paid on Behalf of Minors Member Wages I Benefits I Public Other Salaries Pensions Assistance Income (include tips, commissions, Asset bonuses, and Income overtime 1 (Enter the greater of 2 box B(b) or box B(c), 3 4 above, in box C(e) 5 below) 6 7 (a) (b) (c) (d) (e) Totals Enter total of items C(a) through C(e). This amount is the Annual Anticipated Household Income. D. Recipient Statement. The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Date Signature of Spouse or Co -Head of Household Date Adult Household Member (if applicable) uate Adult Household Member (if applicable) Date Page 40 of 43 E. NSP Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the NSP. The family or individual(s) constitute(s) a: Very -Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ )• Low -Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ) Moderate -income (MOD) Household means and individual or family whose annual income does not exceed 120 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ) Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the NSP Administrator or His/Her Designated Representative: Signature Printed Name F. Household Data nate ime Number of Persons B Race ! Ethnicit B Age White Black Hispanic Asian American Indian Other 0-25 26-40 41-61 62+ :1 Special Target ! Special Needs Check all that a I Farm Worker Developmentally Homeless Elderly Other Disabled :1 NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No occupant is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has an occupant. Page 41 of 43 EXHIBIT A-7. Quarterly Performance Report Data GENERAL Grantee is required to submit to HUD, through the Disaster Recovery Grant Reporting System ("DRGR") Quarterly Performance Reports ("QPR"). To facilitate in the preparation of such reports, Developer shall submit the information contained herein within ten (10) days of the end of each calendar quarter. 1. OVERALL PROGRESS NARRATIVE Describe overall progress made in operating the NSP. 2. FINANCIAL DATA Provide (a) number of properties acquired, (b) program funds expended, and (c) program funds obligated. 3. ACTIVITY PROGRESS NARRATIVE Described progress made within the following three (3) activities: (a) acquisition, rehabilitation, resale LMMI, (b) acquisition rehabilitation, resale LH25, and (c) land bank. 4. PROPERTY DATA Provide the address of each property where funds were expended or obligated this reporting period. 5. DEMOGRAPHIC DATA Provide the following data for each household assisted this reporting period: (a) race, (b) Hispanic/Latino (yes/no), (c) female head of household (yes/no), and (d) income level. Page 42 of 43 EXHIBIT B. Budget GENERAL Developer will be provided NSP -3 funding by the Grantee for the purpose of acquiring eligible properties for final disposition to NSP -eligible persons or families, including payment of developer fees. Grantee shall pay Developer a Ten Thousand and 00/100 Dollars ($10,000) developer fee for each of the properties acquired through this Agreement. The maximum combined developer fee paid by Grantee to Developer through this Agreement shall be Two Hundred Seventy Thousand 00/100 Dollars ($270,000); this amount represents a cumulative of developer fees paid for each of the properties acquired through this Agreement. Grantee shall reimburse Developer a maximum One .Hundred Fifty Thousand and 00/100 Dollars ($150,000) for each property acquired through this Agreement, unless a higher amount is adproved in writing by Grantee; however, such reimbursed amount may not exceed the actual cost of acquisition. The maximum combined reimbursement paid by Grantee to Developer through this Agreement shall be Three Million Two Hundred Twenty Five Thousand Seven Hundred Forty Nine and 00/100 Dollars ($3,225,749); this amount represents a cumulative of reimbursements paid for each of the properties acquired through this agreement INCOME TARGETING Funds associated with this Agreement shall be spent within the following income targets. Line Item Amount County Administration $388,416 Habitat for Humanity Developer Fee $270,000 Low -Income Set Aside 50% AMI $971,042 51 % AMI -- 80% AMI $1,504,707 81% AMI —120% AMI $750,000 TOTAL $3,884,165 It is understood and agreed that funds will be used according to the approved budget. Developer has the authority to reallocate $25,000 per income category, but shall not expend less than the Low Income Set Aside allocation of $971,042. Should the Developer determine that the reallocation is necessary, a prior notification and written approval shall be duly signed by the Developer and the Director of HHVS. Reallocations above $25,000 between income categories will require prior Grantee approval. Page 43 of 43 RECEIVeD A � � 2013 MEMORANDUM VETERAN ,8EBVBCES Date: January 14, 2013 To: Barbetta Hutchinson, Operations Coordinator Housing, Human & Veteran Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Developer Agreement w/Habitat for Humanity of Collier County, Inc. Attached for your records is a certified copy of the Agreement referenced above, (Item #16D4) adopted by the Board of County Commissioners on Tuesday, January 8, 2013. if you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: Neighborhood Stabilization Program 3 Amendment #1 to Developer Agreement with Habitat for Humanity of Collier County, Inc. Agenda Item from the January 8, 201.3, BCC Meeting Item #16D4 WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of January, 2013. DWIGHT E. BROCK Clerk of Courts and Clerk Ex -officio to Board;,of County Commis 6.ers Teresaaxlrr�,:::, .` Deputy, 'Ckerk; NEIGHBORHOOD STABILIZATION PROGRAM 3 AMENDMENT NO.1 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, ; ,!',' ,day of January 2013, 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, (dib/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"). 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 Shue! Through are deleted; Words Underlined are added: (Dollar amounts have original underlines) WITNESSETH: EXHIBIT A. Project Description A. GENERAL Developer will be provided NSP -3 Rinds in the amount of Three Million Four Hundred Ninety Five Thousand Seven Hundred Forty Nine and 00/100 Dollars ($3,495,749). Such funds will be used to acquire and land bank eligible properties in the Grantees eligible target areas and to pay associated developer fees. B. ELIGIBLE TARGET AREAS Properties shall only be acquired in the target areas approved by the GRANTEE and described in the GRANTEE's NSP -3 action plan. Specifically, DEVELOPER may acquire properties in any of the following target areas: Target Area One — Golden Gate City HUD Neighborhood ID 1108764) Census Tract 0104.10 o GeoID 1202192301263000104 IOU I o GeoID 1202192301263000104IOU2 o GeoID 120219230126300010410U3 r • • •RAW••• •�•� AII F= R NOW, \ I A • Census Tract 0104.19 o GeoID 12021010419 • Census Tract 0104.20 o GeoID 12021010420 --.......__ --------- _.._......_ ..._....Cansusiiacl-Ol(4:4- ---- o GeoID 12021923012630001041101 o GeoID 12021923012630001041102 o GeoID 120219230126300010411U3 o GeolD 120219230126300010411R3 o GeoID 120219230126300010411 RI Target Area Two — East Naples Bayshore Gateway CRA (HUD Nei jahborhood ID 3981140 • Census Tract 0107.01 o GeoID 120219230199999010701U4 o GeoID 12021923019999901070101 o GeoID 120219230199999010701U2 o GeoID 120219230199999010701 U3 o Geo1D 120219230199999010701112 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:... ATTES' '- Dwight E. Brock, Clete: of Courts B 0EALi*,t St 8% to Cha iram 1 e FirstAVitness t k/uo ) d'k TType/print witness nameT ,,Second Witn ss TType/print witness nameT COUNTY COMMISSIONERS RUNTY✓FLORIDA By: V Geoff a A. r er, Esq. Chairwoman Habitat for Humanity of Collier County, Inc. A Florida not -for -pro -fit corporation By:'� _ Print: / ,^ Title: C,� Approved as to form and legal sufficiency: Jeru» er B. White y Assistant County Attorney�� ���� AMENDMENT NO.2 TO AGREEMENT FOR THE NEIGHBORHOOD STABILIZATION PROGRAM 3 CFDA: 14.218 DEVELOPER AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. (NSP -3) THIS AMENDMENT is made and entered into on this 0, day of 2013, by and between Collier County, a political subdivision of the State of Florida, having its principal office at 3299 Tainiami Trail East, Naples, Florida 34112 (hereinafter called the "GRANTEE"), and Habitat for Humanity of Collier County, Inc., a private not -fox -profit corporation, existing under the laws of the State of Florida, having its principal office at 11145 Tamiami Trail East, Naples, Florida 34113 (hereinafter called the "DEVELOPER") to undertake the Neighborhood Stabilization Program ("NSP - 3") as approved by the Collier County Board of County Commissioners. Statement of Understanding RE: Neighborhood Stabilization Program 3 B-11UN-12-0003 In order to continue the services provided for in the original Agreement document referenced above, the Developer agrees to amend the Agreement as follows: Words Struek Through are deleted.; Words Underlined are added: (Dollar amounts have original underlines) WITNESSETH: 11. Terms and Conditions of the Funding B. Use of Funds - NSP -3 funds obligated under this agreement may be used as follows: 2. Eligible Activities - Funds may be used for the NSP -3 eligible activities that are checked below. The number of properties listed is a minimu &gal and is not intended to provide a limit on the number of properties that may be acquired through this Agreement, as funding permits: ® Acquisition 30 2-7 abandoned or foreclosed singe family properties ❑ Rehabilitation/ reconstruction # acquired abandoned or foreclosed ❑ New construction # vacant properties ® Land Banking 5 vacant properties Demolition As needed and approved by the Cour. 3. Eligible Properties -- Properties must meet the following conditions to be considered eligible under this Agreement: d. Must otherwise be in suitable locations for marketing and resale to low-, and moderate-, and middle income homebuyers. V. Disbursement of Funds IN WITNESS WHEREOF, the Grantee and the 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: Dwight E. Brock, Clerk of Courts By: Date tri n.; k '`- ,,/First W'tness TTyp.e/prjnt witness name -l' Second Witness zvv TType/print witness nameT BOARD OF Chairwoman 'Y COMMISSIONERS , FLORIDA , Esq. Habitat for Humanity of Collier County, Inc. A Florida not-for-profit corporation By: Ni k J. Kouloheras Executive Vice President Approved as to form and legal sufficiency: Jewli'er B. White Assistant County Attorney ,,,j MEMORANDUM Date: July 17, 2013 To: Geoffrey Magon, Grants Coordinator Housing, Human & Veteran Services Department From: Teresa Cannon, Deputy Clerk Minutes and Records Department Re: NSP 3 Amendment to Developer Agreement w/Habitat for Humanity Attached for your records is a copy of the document referenced above, (Item #16D1) approved by the Board of County Commissioners on Tuesday, July 9, 2013. The Minutes and Record's Department will hold the original in the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment NEIGHBORHOOD STABILIZATION PROGRAM 3 AMENDMENT NO.3 TO DEVELOPER AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. CFDA: 14.218 A THIS AMENDMENT, made and entered into on this day of July, to the subject agreement shall be by and between the parties to the original Agreement, Habitat for Humanity of Collier County, Inc, ETN 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"). Statement of Understanding RE: NEIGHBORHOOD STABILIZATION PROGRAM B -I IUN-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 StruefThrough are deleted; Words Underlined are added: (Dollar amounts have original underlines) WI TN ESS ET 14: ll. Terms and Conditions of the Funding A. Funding Amount -- NSF -3 Funds in the amount of Three Million Four Hundred Ninety Five Thousand Seven Hundred Forty Nine and 00/100 Dollars$3 495 749) are obligated for use in compliance with this agreement. The County will require Three Hundred Eighty -Eight Thousand and 00/100 Dollars ($388,009) of the original allocation to be returned to the County y Habitat for Humanity from the proceeds of sale of NSF3 properties. The County will award the program income generated from the return of sales proceeds in the amount of Three Hundred Eighty -Eight Thousand and 00/100 Dollars ($388,000) to Habitat for Humanity to continue to carry out the NSF3 program_as required by this agreement. In addition up to Forty Thousand and 00/100 Dollars ($40,000) are obligated from NSP1 for the purpose of pang developer fees associated with this amendment as reflected in the budget in Exhibit B. 2. Approved budget — The approved budget is attached to this agreement as Exhibit B. It is understood and agreed that funds will be used according to the approved budget. It is understood and agreed that funds will be used according to the approved budget (Exhibit B). Developer has the authority to reallocate $25,000 per income category, but shall not expend less than the Low Income Set Aside allocation of $9;942 $1,078,042. Should the Developer determine that the reallocation is necessary, a prior notification and written approval shall, be duly signed by the Developer and the Director of HHVS. Reallocations above $25,000 between income categories will require prior Grantee approval. E. Sale to Buyers — All units acquired under this agreement shall be sold to eligible buyers in accordance with the provisions of this section. Eligible Buyers — Eligible homebuyers must be determined to be income -eligible in compliance with the limits and funding allocations checked below. It is understood and agreed that funds will be used according to the approved budget (Exhibit B). Developer has the authority to reallocate $25,000 per income category, but shall not expend less than the Low Income Set Aside allocation of $944,-042 $1,078,042. Should the Developer determine that the reallocation is necessary, a prior notification and written approval shall be duly signed by the Developer and the Director of HHVS. Reallocations above $25,000 between income categories will require prior Grantee approval. 1. ® Middle Income — 81 % to 120% of Area Median X00 ❑ Income 000 JL118,000 ❑ New construction # vacant properties ❑ Moderate Income — 51% to 80% of Area Median 5 vacant properties ❑ Income $1,397,707 ® Low Income — less than 50% of Area Median $9842 Income $1,078,042 ® Acquisition 34 40 abandoned or foreclosed single- family properties ❑ Rehabilitation/reconstruction # acquired abandoned or foreclosed ❑ New construction # vacant properties ❑ Land Banking 5 vacant properties ❑ Demolition As needed and approved by the Cou►7t . V. Disbursement of Funds A. Project expenses (excluding developer fee) shall be paid based on vouchers for actual expenses incurred or paid. All such expenses shall be in conformance to the approved project budget. It is understood and agreed that funds will be used according to the approved budget (Exhibit B). Developer has the authority to reallocate $25,000 per income category, but shall not expend less than the Low Income Set Aside allocation of $971,042 $1,078,042, Should the Developer determine that the reallocation is necessary, a prior notification and written approval shall be duly signed by the Developer and the Director of HHVS. Reallocations above $25,000 between income categories will require prior Grantee To ensure compliance with the NSP LH25 Requirement, DEVELOPER shall ensure that One Million Seventy -Eight Thousand Forty Two and 00/100 Dollars (1,078,042) Nine Hundred Seventy e=fhet Forty ellat-s-($97-1;84-2) be expended to comply with the LH25 Requirement, EXHIBIT A-2. Disbursement GENERAL Developer shall invest its own funds to complete the rehabilitation or development of the properties associated with this Agreement thereby assuming risk associated with the project, To compensate Developer for such risk, and for providing NSP -related goods and services, such as, but not necessarily limited to, residential rehabilitation, eligible buyer identification, and final disposition, Developer shall be paid a developer fee. In addition to payment of developer fees, funding under this Agreement may be used for the acquisition of eligible properties. AMOUNT Grantee shall pay Developer a Ten Thousand and 00/100 Dollars ($10,000) developer fee for each of the properties acquired through this Agreement. The maximum combined developer fee paid by Grantee to Developer through this Agreement shall be Two Hundred Seventy Thousand and 00/100 Dollars ($270,000) from NSP3 fluids, and Forty Thousand ($40,000) from NSP1 fiends for a total of Three Hundred Ten Thousand and 00/100 Dollars ($310,000); 04s -these amounts represents a cumulative of developer fees paid for each of the properties acquired through this Agreement. Grantee shall reimburse Developer a maximum One Hundred Fifty Thousand and 00/100 Dollars ($150,000) for each property acquired through this Agreement, ,,,�'ess a highef however, such reimbursed amount may not exceed the actual cost of acquisition. The maximum combined reimbursement paid by Grantee to Developer through this Agreement shall be Three Million Two Hundred Twenty Five Thousand Seven Hundred Forty Nine and 00/100 Dollars ($3,225,749); however the Developer shall be awarded an additional Three Hundred Eighty -Eight Thousand and 00/100 Dollars ($388,000) from the program income generated b, the NSP3 ,grant. This awarded amount is generated from the proceeds of the sale of NSP3 property having been originally Tally been returned to the County. The awarded fluids will be used to fund additional reimbursement to the Developer for the actual cost of acquisition This amount represents a cumulative of reimbursements paid for each of the properties acquired through this agreement. EXHIBIT B. Budget GENERAL Developer will be provided NSP -3 funding by the Grantee for the purpose of acquiring eligible properties for final disposition to NSP -eligible persons or families, including payment of developer fees. E./ approval. 1, The DEVELOPER shall retain any net proceeds of sales, after the payment of all closing costs and approved developer fee, under this contract, and shall comply with the following (as checked): ® The DEVELOPER may reuse such net proceeds of sale for NSP -3 -eligible activities.. ❑ The DEVELOPER shall return the net proceeds of each sale to the GRANTEE at each closing. ® The DEVELOPER shall return $388,000, upon the sale of NSP3 properties to the GRANTEE no later than December 31 2013 Proceeds to be returned from the sale of property are upon receipt by the Count t}� o be considered Program Income, The Program Income shall be returned into the NSP 3 program, at which point the DEVELOPER shall be awarded the entirety of the program income for acquisition of additional NSP3 property. EXHIBIT A. Project Description A. GENERAL Developer will be provided NSP -3 funds in the amount of Three Million Four Hundred Ninety Five Thousand Seven Hundred. Forty Nine and 00/100 Dollars ($3,495,749). Such funds will be used to acquire and land bank eligible properties in the Grantees eligible target areas and to pay associated developer fees. The Developer shall be required to return to the County an amount of Three Hundred Eighty -Eight Thousand and 00/100 Dollars ($388,000) from the sale of NSP3 properties by December 31, 2013. Such proceeds frorn the sale of property by the Developer shall upon receipt by the County be considered Program Income. Proceeds received from the Developer will be returned back into Collier County's NSP3 program and be considered program income upon receipt. The Developer will be awarded the $388,000 in program income for the purpose of acquiring additional properties for the NSP3 program E. ELIGIBLE INCOME LEVELS OF BUYERS NSP -assisted property subject to the Agreement shall be used with respect to individuals and families whose income does not exceed 120 percent of area median income. However, not less than twenty-five (25) percent of the funds expended by Grantee in acquiring the properties subject to this Agreement shall be used to house individuals or families whose income do not exceed 50 percent of the area median income ("LH25 Requirement"). 0 BUDGET Grantee shall pay Developer a Ten Thousand and 00/100 Dollars ($10,000) developer fee for each of the properties acquired through this Agreement. The maximum combined developer fee paid by Grantee to Developer through this Agreement shall be Two Hundred Seveaty Thousand 00/100 Dpligg ($270,000) Three Hundred Ten Thousand 00/100 Dollars ($310,000); this amount represents a cumulative of developer fees paid for each of the properties acquired through this Agreement. Grantee shall reimburse Developer a maximum One Hundred Fifty Thousand and 00/100 Dollars ($150,000) for each property acquired through this Agreement, unless -a-h.:gher ametint is-appreved-in. writirtg-b.-6ttee however, such reimbursed amount may not exceed the actual cost of acquisition, The maximum combined reimbursement paid by Grantee to Developer through this Agreement shall be Three Million Two Hundred Twenty Five Thousand Seven Hundred Forty Nine and 00/100 Dollars ($3,225,749); however the Developer shall be awarded an additional Three Hundred Eighty -Eight Thousand and 00/100 Dollars ($388,000) from the program income generated by the NSP3 grant. This awarded amount is generated from the proceeds of the sale of NSP3 property having been originally been returned to the County. The awarded funds will be used to fund additional reimbursement to the Developer for the actual cost of acquisition This amount represents a cumulative of reimbursements paid for each of the properties acquired through this agreement. Line Item Amount Original Award Ac uisition & Developer Fee $3,495,749.00 NSP3 Program Income awarded (Generated from proceeds $388,000.00 returned to the Count Additional Develo gr Fee's for NSP3 activities l2aid by NSP 1 40 000.00 Final Total Awarded to Habitat 1 $3,923,749.00 INCOME TARGETING Funds associated with this Agreement shall be expended spent within the following income targets. Line Item Amount County Administration $388,416 Habitat for Humanity Developer .Fee $270,000 Additional HFH Develo er Fee 149.1-00-0 Low -Income Set Aside (50% AMI) $974;842 j1 07&042 51% AMI - 80% AMI $-584A7 1 397 707 81% AM_ 1- 120% AMI $750,000 81% AMI - 120% AMT (PI Generated 388 000 TO'T'AL9$4,312,165 ot,c It is understood and agreed that funds will be. used according to the approved budget. Developer has the authority to reallocate $25,000 per income category, but shall not expend less than the Low Income Set Aside allocation of $1,078,042. Should the Developer determine that the reallocation is necessary, a prior notification and written approval shall be duly signed by the Developer and the Director of I-IHVS. Reallocations above $25,000 between income categories will require prior Grantee approval. 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: Dwi A.:B. 3Tbr*, 'Clerlc of COUrts Dated:t signature `only First Witness TType/print witness Second nt witness name QPG0 — P' BOARD OF COUNTY COMMISSIONERS COLLIE ' UNTY, FLORIDA By: Geor 'a i er, Esq. Chairwoman. Habitat for Humanity of Collier County, Inc A Florida not-for-profit corporation By:� MME—W-4 . Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney CC11` j NEIGHBORHOOD STABILIZATION PROGRAM 3 AMENDMENT NO.4 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 4 -1 -'day of MoLkc,�% 2014 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-1 IUN-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 Struel Through are deleted; Words Underlined are added: (Dollar amounts have original underlines) WITNESSETH: 11. Terms and Conditions of the Funding D. Deadlines — Timely completion of the work specified in this agreement is an integral and essential part of performance. The NSP -3 fluids are subject to Federal deadlines and failure to comply could result in the loss of the .Federal funds. By the acceptance and execution of this agreement, it is understood and agreed by the DEVELOPER that the PROJECT will be completed as expeditiously as possible and that the DEVELOPER will make every effort to ensure that the project will proceed and will not be delayed. Failure to meet these deadlines can result in cancellation of this contract and the revocation of NSP -3 fiords. 1. Project Expenditure Deadlines -- All eet:-ae—`,ities and all explenditweg-e€ NSP 3 Rinds fatist be eempleted byarch—1 l201,11 HUD requires that an amount equal to 100% of the original grant amoiuit must be expended by March 11,_ 2014 The llevelo�er must assist the County in meeting the expenditure deadline as follows: if eheeked the additionalir2teriiTiAead-knes P a eRditttres: 3 ® Amount equal to 50% of NSP -3 original 03/11/2013 grant award €wilds expended end draym by the County 1IPage ® Amount equal to 100% of NSP -3 03/11/2014 orip,inal grant award PwKk expended afid d}aym by the County ® PROJECT activities completed Prior to Project Closeout Ill, Project Requirements The DEVELOPER agrees to comply with all requirements of the NSP -3 as stated in the NSP -3 Notice and CDBG regulations, including but not limited to the following: A, NSP -3 Eligible Use, CDBG National Objective and Eligible Activities — The DEVELOPER will ensure and document that its NSP -3 activities meet LMMI national objective, eligible use, allowable cost, and eligible activity requirements of the NSP -3 Notices & CDBG Regulations. The DEVELOPER will ensure that any expenditure of NSP -3 fluids will be in compliance with the requirements, and acknowledges that NSP -3 funds will only be provided as reimbursement for eligible costs incurred, including actual expenditures or invoices for work completed. The DEVELOPER will ensure that any Land Banking activities will follow the Land Bank Plan as described in "Exhibit C" Signature page to Follow 21P age IN WITNESS WHEREOF, the GRANTEE and DEVELOPER, have each, respectively, by an authorized person or agent, hereunder set their hands and seats on the date and year first above written. ATTEST: Dwight E. Brock; C16rk of Courts Bye. Dated; j —I 4��W '(SEA14est as to hairman s. signature only. First Witness Second BOARD OF COUNTY COMMISSIONERS COLLIER QOUNTY, FLORIDA B (Tom Henning, Habitat for Humanity of Collier County, Inc. A Florida not-for-profit corporation By: jit witness arne I Title:11 -/4l - = , Type/print witness name Approved as to form and legality: Jennifer A. Belpedio�3 Assistant County Attorney �LA 3 C 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. . 5 Current Status 5 Summaryof Recommendations.,.,,..,,1.......................... .. ..................................... 6 Land Bank Plan Guidelines _..6 Goalof the Land Bank.................................................................................................. ..... 6 National Objectives._.__ . 6 Land Bank Oversight. . 7 Ten Year Limitation on NSP Land Bank Properties,,..., .... . 7 Side Lot Disposition ...,_._ .............................. 7 Future acquisition of properties for the Land Bank...................................................................................... 7 Responsibilities and Requirements. . 7 APPENDIX I. .9 APPENDIX 2. � .,,.... 9 APPENDIX3 .................. .... ............ ........... .... .......... ................. ..............................«.___..................... •..... X10 41Paye Overview This repoii presents the results of technical assistance provided to Collier Counjy fit the consideration of forming an NSP Land Bank in conjunction with Habitat for Humanityof Collier Count Habitat). Several discussions were held with County Staff and habitat representatives, and both provided documents for the review of jand bank policies developer agreements. and current land bank inventory. _ This j _gp gil-p o idesL information on the current situation. mOlrum�tldatlQ.;,,.Ana,pLQppS d_land bank plan._guidelines, A.pmndices__provide_the_land_bank in entoiy 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 re ag rding lend batilcs. Current Status Collier County authorized the formation and operation of a land bank in its Neighborhood Stabilization Program.(NSP). Habitat curreirtft holdstitle to vacant residential lots that were purchased witli Collier County _NSP3 fiends 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 Dank are included in Appendix 1. Collier County's NSP3 Action Plan provide for the formation and operation of a land bank (Appendix._•) If enacted the Courcy 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 I1I) 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 nonproftl entity established at least in part, to assemble, orat ►mama e _�rkrd dispose a va (i land for the 1rurp_ose of stabilizing neighborhoods and encouraging re -use or redevelopmentof urban property For the purposes of NSP a land bank will operate in a spedkc de fned geographic area. It will purchase propertles that have been -foreclosed upon and maintain. assemble facilitate redevelopment of market and dirpose of the land -banked properties. If ille land bank is ct govenirnental entity,it 't may also maintain Lorealosed property that it does not own provided it charges the owner of the propeiYy the full cost of the .service or - places a lien on the property for the full cost of the service. (see Appendix 3 for >rmthet e u cuou- background on land batiks) A Land Bank Plan -is an NSPeq ruirement.if tete Count 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 rec uirements are met. A Land Bank Plan Nvill provide guidance to both parties to ensure that program. regi irements are met and the proposed schedule has proper oversight, Since Habitat already holds title to the NSP properties the NSP3 Action Plan includes.o Land Bank 5lrntegy, thele is.nhcadxa framework flit moving fi�rward. Habitat will administer the Land Bank and report to theCount on. the actiyities knd.disposition of the propct�ties. The Land Bank Plan addresses the NSP3 properties and defines the specific.end use for their disposition and the 61Page national objective that will be met. The Land Bankug idelines can be included in the Developer Agreements -with Habitat. or by a separate W•eemen . Summary of Recommendations The Coun should proceed with a Land Bank Plan and Agreement with Habitat for H imanityto 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 NSP3 Action Plan as it included Eligible Use C. Land Bank, The Developer Agreements between Habitat and the County authorize land banking activities. There are four NSP3 parcels -_ all single family residential lots. Habitat intends to complete ie NSP3 homes by the end of 2014, These schedules are based upon buyer demand and market conditions. The relatively short anticipated timeframe giyes.the County some flexi 'lits it could continue, to oversee the eventual completion of the homes tinder its current aa,eements, but would not be able to close out their NSP grants. The adoption of a Land Batik 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 byIw nen. There would be a basis for extending the development timetiame if needed, since ten years holding time would be available from the date of grant closeout. The Collier Cougty urogram 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 wiltgquire a uiininiunl_of administrative procedures. T et_e was some mention that some of the lots may turn out to be wetlands and unbuildable, That Vossibility is addressed in the guideliries suggested, Finally, the County has a good working relationship with Habitat and the Land Bank Plan would be an extension of that relationship to mutitai benefit. Land Bank Plan Guidelines The following guidelines are intended to provide direction for the implementation of tine NSP3 pro rag rn requirements as part of the agreement established between Collier County and Habitat for Humanity of Collier. It is recommended that these guidelines be included as an amendment to the effective Developer Agreement. between Collier Counjy and Habitat for Humanity. Goal of the Land Bank Theog al of the Land Bank is to acquire maintain and eventually dispose of NSP assisted pro ep rhes within a desi ng ated 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 _pt•o Le 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 objeclive. By including an NSP procrty in a Land Bank, a period often years holding is allowed tinder (lie program rules before a national objective must be met. When all NSP. rg ant activities have been completed. and rettiainin&parcels that have not vet met a national objective are placed in a•Land I3p the ranig-q m,ay_close out their 6 1 P a g e =rant wiih..HUD_ This relieves the Grantee from ongoitt� Brants administration responsibilities, even tlLoggh there Wray still be program income ret u_tting b the Grantee. The following_ National Objectives are appropriate for the Collier County NSP and Bank. Housinp-Activities LMMH Providingor i ni oving permanent residential structures that will be serving individuals or households whose dross 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 hones. Area Benefits LMMH 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.Coll ier County Department of Housing Human and Veteran Services will have the responsibility to ►nonitor 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 NSP I or NSP3 grant. A4y properties that have not met a national objective w�_ _ immediately be used for CDBG purk oses The NSP Land Bank Properties will revert ten ears from closeout to Collier County if theme have not met a National ObJective. Side Lot Disposition The Collier County C.and Bank_�'oarain does not foresee the sale donation or other transfer of land bank properties to adiacelit propert owners. Future acquisition of properties for the Land Banic The Collier Counter and Bank pl-ogram does not.foresee increasing the inventor -of non -NSP properties in the NSP Land Bank. Responsibilities and Requirements I. Habitat is responsible for all. maintenance and expenses associated with the stewardship of the land bank properties. 2. 13abitat is responsible for all title and transfer expenses associated with the disposition of the land bank pro er les. 3. Hal}itaI will construct homes on bu 11dable.pro i les by the date specified. Purchasers will be NSP eligible beneficiaries. 4. A minimum of 25% of the NSP funds eX-p— ded will serve households with incomes at or Wow 50% of the area medifu} income _er Developer Agreenic►its. 71Page 5. NSP3 finds can be used for acquisition and demolition, ReLconstruction and all other development, maintenance and transfer costs are the responsibility of Habitat. G. Habitat is responsible for reporting to the County oit.land bank activities and disposition no less than once annually. 7. Habitat is entitled to a set fee of $10000 per unit as a developer fee for NSP3 homes. This fee is„paid half upon acquisition of the foreclosed property and half upon completion of the home and sale to an eligible beneficiary. 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 desi nated,as open space or conserval ion 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 trust 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 pro erdes as open space or conservation is an appropriate zea benefit use. 8 1 P a g e r� APPENDIX I Land Bank Inventory Parcel ID# NSP Program Location/Address Status End Use and NationalObieetive Disposition NSP3 4476 20 St S_ ty acan lot —Single Fkijiily Ownership L( MMH) _Date 12/31/2014 NSP3 _ 4589 30` Ave S.W V cant lot Single Family Ownership LMMH 12/31/2014 NSP3 1948 45 Ter. r. __ S.W. Vacant lot Sin le family Ownership LMMH _ 12/31/2014 _. NSP3 3018 52" St, S.W Vacant lot Single Fanil, Ownership LM MH _ 12/31/2014 APPENDIX 2 Land Banking Authority Summary of Collier County NSP3 Plan and Developer Agreement with Habitat for Humanity NSP3 Action Plan, Collier County M_picpLa r COEM 3 Action Plan includes a Land Bank Strate with a budget of $388AM pring iln�lemented through a developer agreement with Habitat for f nty. Habitat has purchased four blightedpropertiesunder the land bank le_abitat and maintenance is beingprovided at Habitat's own expense. lished and rite four lots are vacant Habitat intends to have new homes .eeobjective by December•gf 2014. Habitat and the Coturty are working Logether under a Developer Agreement. As such, Habitat holds title to the properties that were acquired by the County, cleared of blighted structures before deeding them to Habitat. NSP3 Developer Agreement, Collier County and IIabitat for Humanity of Collier County The initial a reenLpt was executed on 4-24-12 for $3 495,749 for 27 homes. Under this agreement, Habitat was responsible for the acquisition process as well as demolition. There were 3 amendments to_the Ageeement. Other rovisions of the Agreement include: - The maximum NSP reunbursemeni per. unit is , 150,000 - 25% of the funding received would be.allocated to Meeting the low income set-aside Habitat_would receive a $lO,UUU develo�r lee per writ, 5t1% a al>I�on acquisition and 50 -/..gable upon sale tq an elide btryer The_deyeloner is responsiblefor ac 30 units and conductiiig demolition as needed 9jpage - Habitat may retain all project_proceeds - Lonp, term affordability is the minimum provided by_tlp NSP statute - Amendment 1 (1 /8/13) revised the target areas - Amendment 2 (2/12/13) increased units from 27 to 30, added approximately 5 units to Land Bankin"nd demolition as needed and added as eligible beneficiary middle income households. - Amendment 3 07/9/13) increased units to approximately 34 adjusted theagreement amount to allow for program income allocations to the Developer, APPENDIX 3 NSP Statutory and Implementing Citations NSP Land Bank Background information (Unified NSP Notice- 75 FR 64322) NSP Delinition of Land Bank A land bank is a governmental or nongovernmental nonprofit entity established at least in part, to assemble, teutporarily manage. and dispose of vacant land for the purpose of stabilizing neieltborhoods 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. 1t 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 ful l cost of the service, Eli-eible Uses (Mitshm 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, ino &njz 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 pro erties • Establish land banks for homes and residential Properties that have been foreclosed upon • I?emolish blighted structures • Redevelop demolished or vacant properties Eligible Activities (CDBG) The NSP fiords used for land barikina must correlate with an ell iba le activity under 24 CFR 570.201(x) Acquisition & (_b) Disposition; A. Acquisition in whole or impart by the recipient, or other pblic or private nonprofit entity, ...purchase, long-term lease, donation, or otherwise, of. real property (including air rights, water rights rights-of-way, easements,_ acrd outer interests therein) for any public purpose, sub'ect to the limitations of Sec. 510.207. B, D_ jSposition_thrMh..sale, lease, donation, or otherwise, of any realproperty �cciuired with CDBG fiords or its retention for puUlic_pur osp 'es, including reasonable costs of temporarily _managing suci— propegy or property acquired under urban renewal wided drat the proceeds from any_ suchdisposition shall be ogram income subject to the requirements set forth in Sec. 570,504. (Temporari!y in nagirg 101Page Q (• T inchr(Ies maintenance assembly facilitating the redeveloDrnent of, and marketing of land banked properties NSP funds may be used for basic, reasonable maintenance intended to stabilize the property_.) NSP National Obieefives Each NSP activity must meet a National Obiective, NSP national objectives include liousulg activities (LMMH), area benefit activities (LMMM 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 ke applicable national objectives. NSP Closeout Notice -Federal Register% November 27 2012_(288 FR 70799 The Notice describes closeout m lrements and additional regulations that apply y to grantees receiving grants under the three rounds of funding under the Neighborhood Stabilization Program. Land Banks are addressed in several parts ofthe Closeout Notice, 1.A.4,c,(iii) The Closeout Agreement between the grantee and HUD must include "a list of real ro erty held in an NSRassisted land bank", and (iv) if the g_r•atitee has assisted a land bank a plan detailing how the land bank will meet the 10eat rmaximum holdin�requiremenf of Section Il.E,2.d of the Unified NSP Notice and Appendix I Section E 2 d of the NSP2 NOPA IA.2. The Unified NSP Notice was amended to requirethat grantees report at least annually on the disposition of land bank properties. I.A.2. The start date for-te 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 ant e_is required to obligate or otherwise commit the property for a specific use auo op ming neighborhood stabilization. II.A.2. UfUD will pro iv de further direction in reporting and tracking_(subsequent webinars have provided guidance), U.A.2(2)(b). Dis osition of Land -Bank Propertv._Properties in a land bank will be considered obligated for redevelopment if the proms • is: —T (1) Owner 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; (3) Transferred to and committed for any other use in._the annual Actiotr Plan. subject to all CDBG regulations and no longer part of the NSP ro ram. (4) Designated for affordable housing in accordance with HERA and under development by an eligible development entity which as control of the site andhas expended predevelopment funds; (5) tnmktded m a redevelopment plan that has been approved by the local govcLnigg body, I1.A,2.(2)(c);,Any NSP assisted land bank prolnrties remaining; in the land bank ten years after the date of rant closeout steal revert entire! to the CDBG Program and must be,immediatel used to meet a national objective or disposed of in accordance wish CDBG use of real pro ert re irements at 24 CFR 570.505, 111Page % r'� 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 #16135) 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) 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 Zof9- THIS AMENDMENT, made and entered into on this .2q day of J -d 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 Struel{ 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 y 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"); 1 (Page 9 and the appraisal must be completed or updated within 60 days of final offer made for the property by a grantee, subrecipient, developer, er indite -l -buyer -.The 60 day requirement does not apply to the disposition of a propeto 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: Dwight E. Brock, Clerk of Courts Qe. Vjjes (t asto Chairman's wt'- U first Witness Fyve �v TType/print witness nameT Second Witness 10-00A? 0,114 TType/print witness nameT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B Tom Iennmg, Chai Habitat for Humanity of Collier County, Inc A Florida not-for-profit corporation Print: 01A 0 i Approved as to form and legality: Jen fifer A. elp Assistant Countytirney 1 y �\p� 2 1 P a g e LAS EXHIBIT A. Project Description F. MAXIMUM SAGES 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 NSP 1 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. 3 1 P a g e CCA NEIGHBORHOOD STABILIZATION PROGRAM 3 AMENDMENT NO.6 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 /0 day of ply o`��I is by and between the parties to the 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 (hereinafter called the "County"), hereinafter collectively known as the "Parties". RE: NEIGHBORHOOD STABILIZATION PROGRAM B-1 IUN-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 StrueThrough 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 11Page 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 ,Strum 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 idemented for every home bumproperty constructed redeveloped or rehabilitated, in whole or in partwith 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 Ionizer 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 Lupon the sale of the property. The fair return will be based on the percentage change in the Consumer Price Index for 2 1 P a g e _ _ All Urban Consumers Owners' Equivalent Rent of Primary Residence category in Table I of the CPI Detailed Report (the "CPI Index") duringthe 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 M 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 homebuyer 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 or mortgagee will insure that that home be sold to a family that will use the proppr1y as its principle residence and meets the income limits described in the lien and restrictive covenant on the property_ 31Page 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:;, Dwight ;:Brod;. of Courts Bye Dated: Attest as to iftn's signature oniv. 4 1 P a g e BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: / Tim Nance, Chairman Habitat for Humanity of Collier County, Inc. A Florida not-for-profit corporation By:s�i' Print: Title: Approved as to form and legality: Jennifer A. Belp 'o Assistant County'Altomey