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Backup Documents 06/27/2017 Item #16D 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 0 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office _ Initials Date 1. Michelle Rubbo Community&Human p i Services MR- _531 I Ii 2. Jennifer Belpedio County Attorney Office 3E3 6 3. BCC Office Board of County Commissioners J4} Cp-677-11 4. Minutes and Records Clerk of Court's Office G10)-4/(4- 1"3171 , PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Tom Calderon/CHS 252-4220 Contact/ Department Agenda Date Item was 6/27/17 / �t5 „°' Approved by the BCC V Type of Document First amendment to N.R.C tractor's NSP Number of Original 3 Attached I Agreement V Documents Attached ✓ PO number or account whet n number if document is I V f'I to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original . e? 1Cr Stamp OK if SilZkrvv0Original is ilk C? . NOT require 2. Does the document need to be sent to another a_ • .•• • gnatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be TC signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the TC document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip ,I€3"— should lshould be provided to the County Attorney Office at the time the item is input into SIRE. IPt Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6/27/17 and all changes made during the TC meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the i�` Chairman's signature. U� I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1606 MEMORANDUM Date: June 28, 2017 To: Tom Calderon, Grants Coordinator Community & Human Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: First Amendment to N.R. Contractor's NSP I Agreement Grant #B-08-UN-12-0003 Attached are the two (2) originals referenced above, (Item #16D6) approved by Board of County Commissioners on Tuesday, June 27, 2017. An original has been kept in the Minutes & Records Department, as part of the Board's Official Records. If you should have any questions, please contact me at 252-8411. Thank you. 1606 Grant#B-08-UN-12-0003 CFDA/CSFA# 14.218 Developer—NR Contractors Inc. DUNS #- 842006868 FETI #- 65-0363958 Fiscal Year End: 9/30 Monitor End: 04/2029-2032 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND N R CONTRACTORS,INC. NEIGHBORHOOD STABILIZATION PROGRAM (NSP) This Amendment is entered into this'J'day oflu..ne 2017, by and between NR Contractors, Inc., hereinafter referred to as "DEVELOPER" and Collier County, Florida, hereinafter to be referred to as "COUNTY", collectively stated as the "Parties." RECITALS WHEREAS, on July 8, 2014, the County entered into an agreement with Developer to implement rehabilitation and property management of the Gilchrist Apartments for the NSP Program as a valid and worthwhile County purposes; and WHEREAS, the Parties desire to amend the agreement to update the County's contact information and clarify tenant income limits and affordable rental requirements and time of performance; and WHEREAS, the project period of affordability will begin once the project reaches stabilized occupancy of 10-11 units which represents 80-90% occupancy by qualified tenants as per Agreement and ends fifteen (15) years from that date. Words Strue-k---T-krough are deleted; Words Underlined are added [16-GRC-00474/1245177/1] N R Contractors,Inc. First Amendment NSP 1 Gilchrist Apartment Rehabilitation Page 1 of 6 PART I 1 6 0 6 SCOPE OF WORK * * * 1.2 Project Details B.National Objective The NSP program funds awarded to Collier County must benefit low-moderate and middle income persons (LMMI). As such the Developer shall be responsible for ensuring that all tenants and beneficiaries meet the definition low, moderate and middle income households. Low income households are those whose household income is 50% of the area median income (AMI) or less. The NSP program is required to have 25% of all program units occupied by households earning 50% of the AMI or less and this agreement assists in the overall program meeting this regulatory requirement. The NSP program is designed to assist households that do not exceed 120% of the AMI. As such the developer shall ensure throughout the period of affordability that at least 4 units are occupied by households at or below 50% AMI at the time of entering into a lease agreement and the remaining 8 units may be occupied by households not exceeding 120% of the AMI. 1.3 Time of Performance The Developer shall start effective the date of the execution of this agreement. The fifteen (15) years affordability period shall commence after reaching stabilized occupancy of 10-11 units of the 12 units. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Geoffrey Magon Tomas Calderon 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: - . • . ^-• - tomascalderon@colliergov.net [16-GRC-00474/1245177/1] N R Contractors,Inc. First Amendment NSP 1 Gilchrist Apartment Rehabilitation Page 2 of 6 C) Telephone: (239) 252-4220 1 6 O 6 DEVELOPER ATTENTION: Ray Musilmani, Project Manager NR Contractors Inc. PO Box 110127 Naples, Florida 34108 Email: raymus@comcast.net Telephone: (239) 597-9083 * * PART III TERMS AND CONDITIONS * * * 3.17 PROGRAM BENEFICIARIES Must be low and moderate income persons. If the project is located in an entitlement city, as beneficiaries directly assisted unde this Agreement must reside in unincorporated Collier County . ' . . .. . - -• .. . •- - -• «.» of-this-Agreement. All of the beneficiaries of a project funded through this Agreement must be low, moderate and middle income persons (LMMI) with incomes not to exceed 120% of the area median income (AMI), with a unit breakdown upon initial income certification as follows, a minimum of 4 units for those households at 50% or below of the AMI, the remaining 8 units may be occupied by households at or below 120% of the AMI. This unit breakdown must be maintained through the period of affordability and follow proper uniform methods of income review as described below. Developer agrees to replace tenants with new tenants of the same income level to maintain the same unit mix. [16-GRC-00474/1245177/1] N R Contractors,Inc. First Amendment NSP 1 Gilchrist Apartment Rehabilitation Page 3 of 6 16D6 PART V NSP Definitions & Requirements * * * 5.6 Affordable Rental Requirements will be the higher of: a. The low HOME Rent limit for the HOME Partnership Program as published by b. 30% of the persons income as determined by the Developer; or c. If the Eligible Persons receives assistance from the Section 8 Housing AutheFity A. Income Certifications and Unit Distribution Compliance a. Developer agrees to implement a uniform method of review for initial income certification, annual income review and the reoccurring sixth (6th) year recertification. Developer is required to perform an annual income review for every tenant. Furthermore, Developer is also required to perform a reoccurring sixth (6th)year income recertification with substantiation of income from every tenant irrespective of when other methods of review have been performed. As it relates to the distribution of Program Beneficiaries, if after any one of the aforementioned methods of review a tenant's income is at a higher or lower income level, Developer shall not terminate the tenant's tenancy. Rather Developer shall provide tenants with rental rates commensurate with their income levels upon that review. Developer will inure to maintain proper distribution of tenants as stated in Paragraph 3.17. However, in the event the distribution of Program Beneficiaries is not compliant with Paragraph 3.17 as a result of a method of income review, Developer shall ensure that any vacated units during this period of noncompliance will first be offered to restore proper unit distribution for individuals at or below 50%AMI. B. Maximum rental amounts will be re-adjusted annually by the Grantee (Collier County) based on the income limits prevailing for the location of the [16-GRC-00474/1245177/1] N R Contractors,Inc. First Amendment NSP1 Gilchrist Apartment Rehabilitation Page 4 of 6 0 1606 rental housing which are published by HUD annually. Developer shall adjust the maximum rental amount within 30 days of publication of new income limits and apply the maximum amount to all units and all new leases executed after that time. a. To determine the affordable rent amount, the Developer agrees to follow these procedures. i. For each unit a household size will be assumed based on the numbers of bedrooms in the unit, as follows studio, one person, 1 bedroom one or two persons, 2 bedroom, one to three persons. ii. Developer will identify the income limit for the appropriate household size and maximum allowed percentage of area median income from HUD income limits to determine the household's AMI. iii. Developer will calculate gross rental amount: 1. Those households at 50% of AMI and below will be charged the Low HOME rents as published by HUD on an annual basis. 2. Households at above 50% of the AMI will be charged the Fair Market Rent (FMR) as published by HUD on an annual basis. iv. Developer will calculate the net rental amount. 1. Using a schedule of utility allowances from the local housing authority or equivalent document, the estimated amount of the tenant paid utilities will be deducted from the the gross housing rent payment amount, unless the developer pays all utilities. The result will be the net rent amount due from the tenant. v. Those households receiving a Section 8 subsidy will pay 30% of their adjusted income towards rent, as calculated in iv above while the difference will be covered by a tenant based rental assistance provider, such as a housing authority. [16-GRC-00474/1245177/1] N R Contractors,Inc. First Amendment NSP 1 Gilchrist Apartment Rehabilitation Page 5 of 6 �,i 1by6 IN WITNESS WHEREOF, the Developer and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD VaF • TY COMMISSIONERS DWIGHT E B1QCK''' ERK OF COLL Iritier TY, FLORID• By:y _ Attest as to Ch Clerk Penny Tayloreairman signature only. Dated: l0 la 1 (S ) N R CONTRACTORS, INC. By: Ray Musliman','CEO Approved as to form and legality: Jennifer`. Belpedio Assistant County Attorney S [16-GRC-00474/1245177/1] N R Contractors,Inc. First Amendment NSP1 Gilchrist Apartment Rehabilitation Page 6 of 6