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Agenda 06/23/2015 Item #16D 16123/2015 16.D.1. EXECUTIVE SUMMARY Recommendation to approve the third substantial amendment to the NSP 1 Action Plan to add the resale provision and funding distribution language and the fourth amendment to the NSP 3 Action Plan removing the recapture provision and adding resale requirements. OBJECTIVE: To amend the NSP 1 and 3 Action Plans to reflect grantor requirements to address the resale and recapture provisions. CONSIDERATIONS: The Board approved agreements with the Department of Housing and Urban Development (HUD) to carry out the Neighborhood Stabilization Programs (NSP 1 & NSP 3) as follows: NSP 1 in the amount of $7,306,755 was approved on January 30, 2009 (Agenda item 10E), and NSP 3 in the amount of $3,884,165 was approved on March 11, 2011 (Agenda item 1013). The Board approved the initial NSP Action Plans as follows: NSP 1 on November 28, 2008 (Agenda item 16133) and the NSP 3 on February 22, 2011 (Agenda item l0E). Both Action Plans have been modified by the Board at various times to address changes in target areas and other programmatic changes. A clarification and revision is necessary to the NSP 1 and NSP 3 Action Plans as closeout of the grants approaches to address programmatic changes and ensure compliance with CFR 24 part 570. The following are changes proposed to the NSP l Action Plan: 1. Clarif}l that those homes sold by Collier County require the recapture provision. 2. Clarify that those homes sold by Habitat for Humanity require the resale provision, as follows: Per CFR 24 part 570 resale restrictions shall be implemented for every property constructed, redeveloped, or rehabilitated, in whole or in part, with NSP funds in the form of a development subsidy. If the homebuyer determines that it no longer intends to use the property as its principal residence, resale restrictions require the homebuyer to sell the property to a family that will use the property as its principal residence and meets the income limits described in the lien and restrictive covenant on that property. The house must be affordable to a range of new buyers in the target affordable range. The new buyer must occupy house as principal residence. The remaining resale restrictions apply to new buyer. for the period of affordability. 3. Allow for funding re- distribution among approved activities as approved by the Board. The followinE are changes proposed to the NSP 3 Action Plan: Activate the Green Housing Standards reporting tool in the HUD DRGR reporting system to mirror Green Housing Standards already identified in current written Action Plan. This will allow the County to electronically report Green Housing Standards within the HUD DRGR reporting system. Add the resale provision and remove the current recapture provision because Habitat for Humanity completed the project; therefore resale is the appropriate provision for properties that may be resold by the homeowners. FISCAL IMPACT: There is no fiscal impact for this amendment. Packet Page -1377- 6/23/2015 16. D.1. LEGAL CONSIDERATIONS: This item is approved for fonn and legality and requires a 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: That the Board of County Commissioners approves the third substantial amendment to the NSP 1 Action Plan and fourth substantial amendment to the NSP 3 Action Plan. Prepared By: Leslie Hayes, Grants Coordinator, Community and Human Services Attachments: 1) NSP 1 Action Plan Amendment NO. 4 2) NSP3 Action Plan Amendment NO. 3 3) Substantial Amendment Advertisement NSP1 and NSP3 Action Plans Back -up documents, due to the size of these documents which is 29,073 KB and 137 pages long, are accessible at: http: / /www.colIiergov. net/ ftp/ AgendaJune231S/ PubServices/ NSP1%263BACKUPDOCFORACTIONPLANA MENDMENT.pdf Packet Page -1378- 6/23/2015 16.D.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.1. Item Summary: Recommendation to approve the third substantial amendment to the NSP 1 Action Plan to add the resale provision and funding distribution language and the fourth amendment to the NSP 3 Action Plan removing the recapture provision and adding resale requirements. Meeting Date: 6/23/2015 Prepared By Name: HayesLeslie Title: VALUE MISSING 4/30/2015 9:59:19 AM Submitted by Title: VALUE MISSING Name: HayesLeslie 4/30/2015 9:59:20 AM Approved By Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 5/26/2015 11:19:33 AM Name: KushiEdmond Title: Accountant, Public Services Department Date: 5/27/2015 4:20:01 PM Name: GrantKimberley Title: Division Director - Cmnty & Human Svc, Public Services Department Date: 5/27/2015 8:21:44 PM Name: GrantKimberley Title: Division Director - Cmnty & Human Svc, Public Services Department Date: 5/28/2015 9:57:26 AM Packet Page -1379- 6/23/2015 16.D.1. Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 5/28/2015 2:27:16 PM Name: CamellSteve Title: Department Head - Public Services, Public Services Department Date: 6/2/2015 2:56:39 PM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 6/9/2015 3:30:36 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 6/10/2015 9:12:15 AM Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Date: 6/10 /2015 1:09:38 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/11/2015 10:43:44 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/15/2015 10:57:16 AM Packet Page -1380- 6/23/2015 16.D.1. Jurisdiction(s): Collier County NSP Contact Person: Kimberley Grant � Address: 3339 Tamiami Trail E, Suite 211, Jurisdiction Web Address: colliergov.net Naples, FL 34112 Telephone: (239) 252 - 4663 -6287 Fax: (239) 252 -2638 Email: kimberleygrant a colliergov.net A. AREAS OF GREATEST NEED Provide summary needs data identifying the geographic areas of greatest need in the grantee's jurisdiction, Note: An NSP substantial amendment must include the needs of the entire jurisdiction(s) covered by the program; states must include the needs of communities receiving their own NSP allocation. To include the needs of an entitlement community, the State may either incorporate an entitlement jurisdiction's consolidated plan and NSP needs by reference and hyperlink on the Internet, or state the needs for that jurisdiction in the State's own plan. The lead entity for a joint program may likewise incorporate the consolidated plan and needs of other participating entitlement jurisdictions' consolidated plans by reference and hyperlink or state the needs for each jurisdiction in the lead entity's own plan. HUD has developed a foreclosure and abandonment risk score to assist grantees in targeting the areas of greatest need within their jurisdictions. Grantees may wish to consult this data, in developing this section of the Substantial Amendment. Narrative Response: Collier County is an economically diverse community, with areas of affluence in the coastal communities as well as extreme poverty in other locations. The County is geographically large, encompassing approximately 2,025 square miles. Collier County, with an estimated population of 339,000, is located on the southern gulf coast of the Florida peninsula, due west of Miami -Ft. Lauderdale. The largest of the three incorporated cities in Collier County is Naples, which is located in the western and coastal area. The remaining two incorporated cities of Collier County are Everglades City and the City of Marco Island. Everglades City is located south and east of Naples, while the City of Marco Island lies south of Naples along the Gulf of Mexico. Collier County used the U,S. Department of Housing and Urban Development's (HUD) average foreclosure index score in identifying the target geographies for assistance in the redevelopment of abandoned and foreclosed homes. The destabilization of neighborhoods in Collier County is pervasive, affecting nearly all areas for the County. As such, any efforts to stabilize the local housing market and revitalize the community must be Countywide. Areas at Risk The table on the following page summarizes the average foreclosure index score for eligible census tracts in Collier County. To be considered eligible for assistance an area must be assigned a Max Index Score of nineteen (19) or twenty (20). Packet Page -1381- 6/23/2015 16.D.1. Census Tract Foreclosure Needs Index Score Vacancy Risk Index Score Max Index Score 0104.06 20 12 20 0104.08 19 16 19 0104.01 19 16 19 0102.03 19 19 19 0105.03 20 18 20 0105.04 20 19 20 0106.02 19 15 19 0106.01 19 19 19 0106.04 19 15 19 0106.03 20 16 20 0105.02 20 17 20 0108.01 19 18 19 0107.02 19 14 19 0108.02 20 8 20 0104.11 20 15 20 0104.09 20 18 20 0104.10 20 19 20 0104.14 20 1 20 0104.13 20 1 20 0108.03 19 1 19 0111.01 20 1 20 0109.01 20 18 20 0109.03 20 12 20 0104.12 20 1 20 0112.04 20 17 20 0113.00 I 20 9 20 0112.02 20 1 20 0114.00 20 13 20 0104.07 20 1 20 0104.05 20 16 20 0102.02 20 1 20 0003.01 18 18 18 0102.04 20 16 20 0101.04 20 7 20 0101.03 20 1 20 Average Max Index Score 19.69 Qualified Packet Page -1382- 6/23/2015 16.D.1. Identified Program Target Areas The Collier County NSP Allocation will target the following three (3) areas for economic and housing redevelopment: East Collier, South Collier and Central Collier. The following tables further define the target areas to include eligible census tracts within each of the three (3) target areas. EAST COLLIER TARGET AREA Census Tract Foreclosure Needs Index Score Vacancy Risk Index Score Max Index Score 0104.14 20 1 20 0104.13 20 1 20 0104.12 20 1 20 0112.02 20 1 20 Average Max Index Score 20.00 SOUTH COLLIER TARGET AREA Census Tract Foreclosure Needs Index Score Vacancy Risk Index Score Max Index Score 0105.04 20 19 20 0106.02 19 15 19 1 0106.01 19 19 19 0106.04 19 15 19 0106.03 20 16 20 0105.02 20 17 20 0108.01 19 18 19 0107.02 19 14 19 0108.02 20 ; 8 E!9 0 0108.03 19 I 1 0111.01 20 1 j 20 Average Max Index Score I 19.45 CENTRAL COLLIER TARGET AREA Census Tract Foreclosure Needs Index Score Vacancy Risk Index Score Max Index Score 0104.06 20 12 20 0104.08 19 16 19 0105.03 20 18 20 0104.11 20 ( 15 20 0104.09 20 18 20 0104.10 20 19 20 r� Packet Page -1383- � 6/23/2015 16.D.1. 01-04.07 1 20 1 20 Average Max Index Score 19.86 The map appearing below provides a visual representation of the three (3) target areas. East Collier is depicied 1=1 in yellow, South Collier is depicted in green and Central Collier is depicted in blue. 4-- COLLIER COUNTV FLORIDA 2000 CENSUS TRACTS Packet Page -1384- 4 10414 Packet Page -1384- 4 6/23/2015 16. D.1. :?. DISTRIBUTI0,7V AND USES F FUND'S Provide a narrative describing how the distribution and uses of the grantee's NSP funds will meet the requirements of Section 2301(c) (2) of HERA that funds be distributed to the areas of greatest need, including those with the greatest percentage of home foreclosures, with the highest percentage of homes financed by a subprime mortgage related loan, and identified by the grantee as likely to face a significant rise in the rate of home foreclosures. Note: The grantee's narrative must address these three stipulated need categories in the NSP statute, but the grantee may also consider other need categories. Narrative Response: Based upon the County's analysis of the HUD average foreclosure index scores, all three areas are eligible for NSP assistance. Furthermore, the 68% of the targeted census tracts have a max index score of 20, the most severe rating possible under the NSP. The NSP Allocation will be used as described in Section G — NSP Information by Activity. Twenty -five (25) percent of the Collier County NSP Allocation will be used to assist households earning no more than fifty (50) percent of the local area median income. Collier County will continue to monitor local housing data in an effort to determine if an expanded area of assistance is required. Dwelling units assisted with NSP Funds shall be rehabilitated to the extent necessary to comply with applicable laws, codes, and other requirements relating to housing safety, quality, and habitability. Collier County will encourage rehabilitation that improves the energy efficiency and /or conservation of dwelling units receiving assistance. Additionally, the County will strongly encourage the incorporation of green building improvements to provide long -term affordability, increased sustainability and attractiveness of housing and neighborhoods. C. DEFINITIONS AND DESCRIPTIONS (1) Definition of "blighted structure" in context of state or local law. Narrative Response: Blighted structure, as extracted from 2008 Florida Statute 163.340, is defined as a structure that. is deteriorated or deteriorating to the extent that unsanitary or unsafe conditions may threaten the health safety and welfare of the public. Characteristics include, but are not limited to: (a) Unsanitary or unsafe conditions; (b) Deterioration of site or other improvements; (c) Inadequate provision for ventilation, light, air, sanitation or open spaces; (d) The existence of conditions that endanger life of property by fire or other causes. (2) Definition of "affordable rents." Note: Grantees may use the definition they have adopted for their CDBG program but should review their existing definition to ensure compliance with NSP program — specific requirements such as continued affordability. Narrative Response: Packet Page -1385- 6/23/2015 16.D.1. The maximum Affordable Rents shall not exceed the Fair Market Rents (FMR) as published annually by the U.S. Department of Housing and Urban Development for the Naples — Marco Island MSA. The current rates are listed below: Final FY 2012 FM.Rs By Unit Bedrooms Minimum period of affordability Efficiency One - Bedroom Two - Bedroom Three - Bedroom Four - Bedroom Final FY 2012 FMR 1 $ 813 $ 932 $ 1,049 $ 1,304 $ 1,357 Source: U.S. Department of Housing and Urban Development (2012) (3) Describe bow the grantee will ensure continued affordability for NSP assisted housing. Narrative Response: 24 CFR 92.252(a), (c), (e), and (i), and 92.254 Homeownership: Long -Tenn Affordability: For Collier County sold - roperties The NSPI - assisted housing must meet the affordability requirements for not less than the applicable period specified in the following table, beginning after project completion. These restrictions are a minimum and Collier County may elect to impose longer affordability periods. The per unit amount of NSP I funds and the affordability period that they trigger are described more fully below under "Homeownership: Recapture Provisions." homeownership assistance NSP 1 amount per -unit Minimum period of affordability in years Under 5 $15,000.. ...... .... . .... ............................... $15,000 to 10 $40,000... Over $40,000 ........... ............................... . Homeownership: Recapture Provisions The recapture provisions will ensure that Collier County, recoups all or a portion of the NSPI 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 NSPI funds subject to recapture described above. Collier County, Develop feeipient may choose to recapture the entire amount of NSPI 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: NSPI investment X Net proceeds = NSPI amount to County NSPI investment + homeowner investment homeowner investment X Net proceeds = amount to homeowner NSP 1 investment + homeowner investment I Packet Page -1386- 6/23/2015 16.D.1. Collier County, Develepef, of Subreeipien" 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 1 investment. Long Terra Availability: For Developer Sold Properties, Resale: 24 CFR 92.252(a),(c), (e), and (f), and 92.254 Resale restrictions shall be implemented for every homebuyer _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 homebuyer determines that it no longer intends to use the property as its principal residence, resale restrictions require the homebuyer to sell the property to a family that will use the property as its principal residence and meets the income limits described in the lien and restrictive covenant on that property. The house must be affordable to a range of new buyers in the target affordable range. The new buyer must occupy house as principal residence The remaining resale restrictions apply to new buyer. for the period of affordability. The original homebuyer is entitled to a fair return on its investment (as described below) upon the sale of the property. The fair return will be based on the percentage change in the Consumer Price Index for All Urban Consumers Owners' Equivalent Rent of Primary Residence category in Table I of the CPI Detailed Report (the "CPI Index ") during the period of the homebuyer's ownership Accordingly. the CPI Index during the month the residence was completed (the month during which the completion reports were received by and approved by IHCDA) will be compared to the CPI Index during the month the original homebuyer sells the residence to determine the percentage of the return The homebuyer's investment will include any down payment paid by the Iomebuyer 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 ori2inaI 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 housiu 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 rice 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 ` ompliance period 15 years Packet Page -1387- 6/23/2015 16.D.1. Rental: Long-Term Affordability The NSPI - assisted units must meet the affordability requirements for not less than the applicable period specified below, beginning after project completion. The affordability requirements for NSP I - assisted rental units apply without regard to the tern of any loan or mortgage or the transfer of ownership, except that the affordability restrictions may terminate upon foreclosure or transfer in lieu of foreclosure. Collier County, Developer, or Subrecipient will enforce long -term affordability through the use of a recorded lien, covenant, or deed restriction against the assisted property. Rental housing activity Minimum period of affordability in years Rehabilitation or acquisition of existing housing per unit amount of NSPI funds: Under 5 $15,000.. .. . ........ ............................... ....... $15.000 to $40,000.. .... 10 Over $40,000 or rehabilitation involving 15 refinancing.......................... ............................... I I New construction or acquisition of newly constructed 20 housing Subsequent rents during the affordability period will be calculated and applied in conformance with 24 CFR 92.252(f). (4) Describe housing rehabilitation standards that will apply to NSP assisted activities. Narrative Response: All NSPI -assisted housing will be required to meet or exceed local and state building codes. All units that require rehabilitation must meet or exceed the current Florida Building Code (FBC). The current code applied in Collier County is 2007 FBC. (5) Definition of "Middle Income Household" A household having an income equal to or less than 120% of area median income, but greater than 80% of area median income, adjusted for household size. (6) Definition of "Moderate Income Household" A household having an income equal to or less than 80% of area median income, but greater than 50% of area median income, adjusted for household size. (7) Definition of "Low Income Household" A household having an income equal to or less than 50% of area median income, adjusted for household size. (8) Definition of "Current Market Appraised Value" Packet Page -1388- 6/23/2015 16. D.1. The current market appraised value means the value of a foreclosed upon home or residential property that is established through an appraisal made in conformity with the appraisal requirements of the URA at 49 CFR 241103 and completed within 1601 days prior to an offer made for the property by a grantee, subrecipient, developer, or individual homebuyer. (9) Definition of "Abandoned" A home is abandoned when mortgage or tax foreclosure proceedings have been initiated for that property, no mortgage or tax payments have been made by the property owner for at least 90 days, AND the property has been vacant for at least 90 days. (10) Definition of "Blighted Structure" A structure is blighted when it exhibits objectively detenninable signs of deterioration sufficient to constitute a threat to human health, safety, and public welfare. (11) Definition of "Foreclosed" A property "has been foreclosed upon" at the point that, under state or local law, the mortgage or tax foreclosure is complete. HUD generally will not consider a foreclosure to be complete until after the title for the property has been transferred from the former homeowner under some type of foreclosure proceeding or transfer in lieu of foreclosure, in accordance with state or local law. (12) Definition of "Land Bank" A land bank is a governmental or nongovenunental 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 Program, 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 bards 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. D. IO{ti'INCOME TARGETING Identify the estimated amount of funds appropriated or otherwise made available under the NSP to be used to purchase and redevelop abandoned or foreclosed upon homes or residential properties for housing individuals or families whose incomes do not exceed 50 percent of area median income: $1.827,000.00. ]Vote: At least 25% of funds must be used for (rousing individuals and families whose incomes do not exceed 50 percent of area median income. Narrative Response: Habitat for Humanity of Collier County, Inc. ( "Habitat for Humanity) has a proven track record of success in ,roviding homeownership units to households earning less than 50% AM. As such, Collier County will 9 Packet Page -1389- 6/23/2015 16.D.1. execute a developer agreement with Habitat for Humanity through which households earning less than 50% AN41 will be provided affordable homeownership units. E. ACQUISITIONS & RELOCt TION Indicate whether grantee intends to demolish or convert any low- and moderate- income dwelling units (i.e., < 80% of area median income). If so, include: • The number of low- and moderate - income dwelling units —i.e., _< 80% of area median income — reasonably expected to be demolished or converted as a direct result of NSP- assisted activities. • The number of NSP affordable housing units made available to low- , moderate -, and middle- income households —i.e., < 120% of area median income — reasonably expected to be produced by activity and income level as provided for in DRGR, by each NSP activity providing such housing (including a proposed time schedule for commencement and completion). • The number of dwelling units reasonably expected to be made available for households whose income does not exceed 50 percent of area median income. Narrative Response: Should the initial inspection and /or rehabilitation work determine that demolition of the dwelling unit is more cost effective, Collier County or its Developer may chose to demolish the existing unit and either place the site in the County land bank or construct a new unit on the site. if the cost to rehabilitate the unit is greater than fifty (50) percent of the acquisition price, and /or the cost of acquisition and rehabilitation exceeds one hundred (100) percent loan -to- value, the County will consider demolition. Collier County does not intend demolition to be a major activity in its NSP. Rather, the County reserves the right to demolish an acquired property if deemed a more fiscally effective use of NSP Funds, The County shall abide by Uniform Relocation Action (URA) requirements for any affected household where a housing unit is being demolished that has not been vacant for greater than ninety (90) days. Collier County will avoid using NSP Funds to acquire homes or residential properties that have been vacant for fewer than ninety (90) days. E PUBLIC COMMENT G. 1 \rSP INFDR,gA TION B }' ACTII "IT )' (COMPLETE FOR EACH ACTIVITY Activity 91 - Acquisition and Rehabilitation of Foreclosed Properties for Resale (1) Activity Name: Acquisition and Rehabilitation of Foreclosed Properties for Resale (2) Activity Type: Acquisition and Rehabilitation of Foreclosed Properties for Resale 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; 24 CFR 570.201(b) Disposition; 10 Packet Page -1390- 6/23/2015 16.D.1. • 24 CFR 570.201(1) Relocation; • 24 CFR 570201(n) Direct homeownership assistance (as modified below); 0 570.202 eligible rehabilitation and preservation activities for homes and other residential properties (I-TT notes that rehabilitation may include counseling for those seeking to take part in the activity). (3) National Objective: Provides or improves permanent residential structures that will be occupied by a household whose income is at or below 120 percent of area median income. (4) Projected Start Date: February 13, 2009 (5) Projected End Date: Feblua7y 13, 2014 (6) Responsible Organization: Collier County Department of 14ousing, Human and Vetefan SeEvi- Community and Human Services; 3339 Tamiami Trail E, Suite 211, Naples, FL 34112. The County may execute a developer agreement to undertake this Activity. (7) Location Description: Collier County will assist those areas defined in Section A. Areas of Greatest Need – Identified Program Target Areas. The County will continue to monitor local foreclosure data and intend the NSP to be flexible to allow for timely reaction to any significant changes in the local housing market. (8) Activity Description: Include a narrative describing the area of greatest need that the activity addresses; the expected benefit to income - qualified persons; and whether funds used for this activity will be used to meet the low income housing requirement for those below 50% of area median income. For housing related activities, include: • tenure of beneficiaries - - rental or homeov,,nership; • duration or term of assistance; • a description of how the design of the activity will ensure continued affordability. For acquisition activities, include: • discount rate For financing activities, include: • range of interest rates Narrative Response: Collier County's Department of Hausing and Human Servi-ces Conimunity and Human Services will be the lead agency in working with local lenders to acquire homes that have been foreclosed, vacant for at least ninety (90) days and on the lender's list of current inventory. The County may partner with various community organizations and agencies to identify properties suitable for NSP assistance. Nonprofit and /or charitable organizations, developers, or subrecipients that demonstrate an ability to successfully undertake NSP projects may be solicited to perform all or parts of this activity, including, but not limited to, property ownership, rehabilitation, maintenance, and resale. The County shall identify properties for sale in the areas of greatest need. If required, a rehabilitation plan shall be developed and the County and /or housing partners will determine if acquisition of the subject property is financially feasible. II Packet Page -1391- 6/23/2015 16.D.1. Collier County will assist those areas defined in Section A. Areas of Greatest Need — Identified Program Target Areas. The purchase price for all properties acquired with NSP Funds during the initial 18 month period shall be discounted at least one (1) percent from the current market- appraised value of the home or residential property and that such discount shall ensure that purchasers are paying below - market value for the home or property. The current market appraisal will be made in conformity with the requirements of the URA at 49 CFR 24.103 and completed within 60 days prior to an offer to purchase made by the County or an approved housing partner. If required, rehabilitation shall be completed and the subject property will be sold to an income eligible applicant earning no more than 120% of local area median income. The applicant will procure a fixed -rate mortgage through the Collier County Loan Consortium, local banks, FHA or USDA. The interest rate shall not exceed one (1) percent above the then current 60 day Fannie Mae Index. Additionally, no mortgage insurance is allowed (the only exception being FHA Home Loans), all loans shall be fully documented, no pre - payment penalties are permitted, closing costs must be reasonable and customary and applicants' total debt -to- income ratio must be reasonable as determined by the Collier County Deem ffient e f Housing and Human gefviees Community and Human Services. All lenders providing first mortgage financing to individuals purchasing homes or residential properties directly from Collier County, where such property was assisted with NSP Funds agree to comply with the bank regulators' guidance for non - traditional mortgages. Refer to Statement on Subprime Mortgage Lending issued by the Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, Department of the Treasury, and National Credit Union Administration, available at http: / /www.fdic.gov /regulations /laws /rules /5000- 5160.html. A portion of the NSP Funds used in the acquisition and /or rehabilitation may remain in the home or residential property to provide principal reduction and increase affordability. The homes targeted for NSP assistance will be properties that have been foreclosed, bank- owned, and vacant for at least ninety (90) days. The County shall negotiate with local banks to purchase properties at a discount rate of at least 15 percent from the current market- appraised value. The current market appraisal will be made in conformity with the requirements of the URA at 49 CFR 24.103 and completed within 60 days prior to an offer to purchase made by the County or an approved housing partner. Collier County anticipates that many of the homes or residential properties acquired with NSP Funds will require rehabilitation and /or improvements to bring the home or 'residential property Into compliance with current code for Collier County as detailed in Section C of this Substantial Amendment, Collier County will ensure long term affordability as described in Section (C)(3) of this substantial amendment. All properties sold to individuals by Collier County receiving assistance from the NSP will be secured by a recorded second mortgage on the subject property in favor of Collier County. In the event the unit is transferred to an owner(s) deemed eligible for assistance under NSP guidelines, the amount of assistance will remain in the subject property to provide principal reduction. In the event the unit is transferred to an owncr(s) deemed ineligible for assistance under NSP guidelines, the amount of assistance will be recaptured. The principal reduction second mortgage shall bear an interest rate of 0 %. No payment will be required until the home is sold, transferred, refinanced, is no longer the primary homesteaded residence or is operated for an activity deemed ineligible for assistance under NSP guidelines. At that time the balance of the loan will be repaid. 12 Packet Page -1392- 6123/2015 16.D.1. The County will use the minimum affordability period of the federal HOME Investment Partnership Program, 24 CFR_ 92.252(a), (c), (e) and (f), and 92.254. The minimum affordability periods are as follows: Up to 5 i 5,0 0V 0V — 5 Year s • S 15,001 to 540,000 — 10 Years • Over $40,001 — 15 Years • New Construction — 20 Years Applicant(s) will be qualified based on criteria such as household income, job stability, credit history and liquidity. A minimum of 25 percent of the Collier County NSP Allocation shall be used to assist households earning less than 50 percent local area median income. In no event shall NSP Funds be used to assist households earning more than 120 percent local area median income. All applicants must receive at least eight (8) hours of homebuyer education from a U.S. Department of Housing and Urban Development certified counselor. Collier County shall place program income derived from the sale of the home or residential property into an appropriate fund to recycle the NSP Funds. Program income shall be used for any eligible NSP Activity listed within this Substantial Amendment, a portion of which may be used for program administration. Pursuant to HUD NSP Policy Alert "Program Income in the Neighborhood Stabilization Program" dated July 13, 2011, revenues received by developers are NOT considered program income. A minimum of 25 percent of the Collier County NSP Allocation shall be used to assist households earning less than 50 percent local area median income. In no event shall NSP Funds be used to assist households earning more than 120 percent local area median income. Activity 42 - Acquisition and Rehabilitation of Foreclosed Properties for Rental (1) Activity Name: Acquisition and Rehabilitation of Foreclosed Properties for Rental (2) Activity Type: Acquisition and Rehabilitation of Foreclosed Properties for Rental • 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; • 24 CFR 570.201(b) Disposition; • 24 CFR 570.201(1) Relocation; • 24 CFR 570.201(n) Direct homeownership assistance (as modified below); o 570.202 eligible rehabilitation and preservation activities for homes and other residential properties (HUD notes that rehabilitation may include counseling for those seeking to take part in the activity). (3) National Obiective: Provides or improves permanent residential structures that will be occupied by a household whose income is at or below 120 percent of area median income. (4) Projected Start Date: February 13, 2009 (5) Projected End Date: February 13, 2014 Packet Page -1393- 13 6/23/2015 16.D.1. (6) Responsible Organization: Collier County rear, . [ + r Housing, H,rnafi and 7 -an S eter Community and Human Services; 3339 Tamiami Trail E, Suite 211, Naples, FL 34112, The County may solicit developers, or subrecipients to undertake this Activity. (7) Location Description: Collier will assist those areas defined in Section A. Areas of Greatest Need — Identified Program Target Areas. The County will continue to monitor local foreclosure data and intend the NSP Program to be flexible to allow for timely reaction to any significant changes in the local housing market. (8) Activity Description: Include a narrative describing the area of greatest need that the activity addresses; the expected benefit to income- qualified persons; and whether funds used for this activity will be used to meet the low income housing requirement for those below 50% of area median income. For housing related activities, include: • tenure of beneficiaries -- rental or homeownership; • duration or term of assistance; • a description of how the design of the activity will ensure continued affordability. For acquisition activities, include: • discount rate For financing activities, include: • range of interest rates Narrative Response: Collier County's epa rxet � # =l= lousing, Human and Veteran Ser Community and Human Service will be the lead agency in working with local lenders to acquire homes that have been foreclosed, vacant for at least ninety (90) days and on the lender's list of current inventory. The County may partner with various community organizations and agencies to identify properties suitable for NSP assistance. Nonprofit and /or charitable organizations, developers, or subrecipients that demonstrate an ability to successfully undertake NSP project may be solicited to perform all or parts of this activity, including, but not limited to, property ownership, rehabilitation, maintenance, and rental operation. The County shall identify properties for sale in the areas of greatest need. If required, a rehabilitation plan shall be developed and the County and /or housing partners will determine if acquisition of the subject property is financially feasible. Collier County will assist those areas defined in Section A. Areas of Greatest Need — Identified Program Target Areas, The purchase price for all properties acquired with NSP Funds during the initial 18 month period shall be discounted at least one (1) percent from the current market- appraised value of the home or residential property. The current market appraisal will be made in conformity with the requirements of the URA at 49 CFR 24.103 and completed within 60 days prior to an offer to purchase made by the County or an approved housing partner. If required, rehabilitation shall be completed and the subject property will be rented to an income eligible applicant earning no more than 120% of local area median income. 14 Packet Page -1394- 6/23/2015 16.D.1. Collier County anticipates that many of the homes or residential properties acquired with NSP Funds will require rehabilitation and /or improvements to bring the home into compliance current code for Collier County as detailed in Section C of this Substantial Amendment, Collier County will ensure long term afio'idabilitly as described in Section (C)(3) of this substantial amendment. The County will use the minimum affordability period of the federal HOME Investment Partnership Program, 24 CFR 92.252(a), (c), (e) and (f), and 92.254. The minimum affordability periods are as follows: • Up to $15,000 — 5 Years • $15,001 to $40,000 — 10 Years Over $40,001 — 15 Years i New Construction — 20 Years A portion of the NSP Funds used in the acquisition and /or rehabilitation may remain in the home or residential properly to provide a subsidy to the developer, or subrecipient and increase the subject property's affordability. Collier County shall place program income derived from the rental operations of the home or residential property into a separate revolving fund to recycle the NSP Funds. Program income shall be used for any eligible NSP Activity listed within this Substantial Amendment, a portion of which may be used for program administration. Pursuant to HUD NSP Policy Alert "Program Income in the Neighborhood Stabilization Program" dated July 13, 2011, revenues received by developers are NOT considered program income. A minimum of 25 percent of the Collier County NSP Allocation shall be used to assist households earning less fhan 50 percent local area median income. In no event shall NSP Funds be used to assist households earning more than 120 percent local area median income. Activity #3 — Purchase Assistance to Acquire Foreclosed Properties (i ) Activity Name: Purchase Assistance to Acquire Foreclosed Properties (2) Activity Type: Purchase Assistance to Acquire Foreclosed Properties • 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; « 24 CFR 570.201(b) Disposition; • 24 CFR 570.201(i) Relocation; 0 24 CFR 570.201(11) Direct homeownership assistance (as modified below); o 570.202 eligible rehabilitation and preservation activities for homes and other residential properties (HUD notes that rehabilitation may include counseling for those seeking to take part in the activity). (3) National Objective: Provides or improves permanent residential structures that will be. occupied by a household whose income is at or below 120 percent of area median income. (4) Projected Start Date: February 13, 2009 Packet Page -1395- 15 6/23/2015 16. D.1. (5) Projected End Date: February 13, 2014 (6) Responsible Organization: Collier County Depai4ment of Rousing, and =4*nRfF-9,eg!N ces Community and 14juman cervices; 3339 Tami', ' Trail E, Suite 211 N -�pl a es , FL 3411 12. The County may solicit tiu'ough Requests for Qualifications and /or Requests for Proposals organizations /partners to participate in the program. (7) Location Description: Collier County will assist those areas defined in Section A. Areas of Greatest Need — Identified Program Target Areas. The County will continue to monitor local foreclosure data and intend the NSP Program to be flexible to allow for timely reaction to any significant changes in the local housing market. (S) Activity Description: Include a narrative describing the area of greatest need that the activity addresses; the expected benefit to income - qualified persons; and whether funds used for this activity will be used to meet the low income housing requirement for those below 50% of area median income. For housing related activities, include: ® tenure of beneficiaries -- rental or homeownership; • duration or term of assistance; • a description of how the design of the activity will ensure continued affordability. For acquisition activities, include: • discount rate For financing activities, include: • range of interest rates Narrative Response: Collier County's nt Community and Human Services will be the lead agency in working with local residents to acquire homes that have been foreclosed, vacant for at least ninety (90) days and on the lender's list of current inventory. The County may partner with various community organizations and agencies to assist persons locate properties suitable for NSP assistance. Nonprofit and /or charitable organizations with a proven track record of successfully implementing this activity, as well as administering U.S. Department Housing and Urban Development grant funds, may be solicited to perform all or parts of this activity. The Purchase Assistance Activity shall assist first-time homebuyers by paying a principal reduction for the proposed purchase. The activity provides assistance for the purchase of single family homes, duplexes, condominiums, townhouses or DCA approved manufactured homes. Collier County will assist those areas defined in Section A. Areas of Greatest Need — Identified Program Target Areas. The purchase price for all properties acquired with NSP Funds during the initial 18 month period shall be discounted at least one (1) percent from the current market - appraised value of the home or residential property. The current market appraisal will be made in conformity with the requirements of the URA at 49 CFR 24.103 and completed within 60 days prior to an offer to purchase made by the applicant. All households assisted must earn no more than 120 percent of the local area median income. 16 Packet Page -1396- 6/23/2015 16.D.1. The applicant will procure a fixed -rate mortgage through the Collier County Loan Consortium, local banks, FHA or USDA. The interest rate shall not exceed one (1) percent above the then current 60 day Fannie Mae Index. Additionally, no mortgage insurance is allowed (the only exception being FHA Home Loans), all loans shall be fully documented, no pre - payment penalties are permitted, closing costs must be reasonable and customary and applicants' total debt -to- income ratio must be reasonable as determined by the Collier County Housing and Human c f=,,iii,, Community and Human Services. All applicants must receive at least eight (8) hours of homebuyer education from a U.S. Department of Housing and Urban Development certified counselor. All lenders providing first mortgage financing for homes or residential properties assisted with NSP Funds agree to comply with the bank regulators' guidance for non - traditional mortgages. Refer to Statement on Subprime Mortgage Lending issued by the Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, Department of the Treasury, and National Credit Union Administration, available at http : / /www.fdie.gov/i-egulations /laws /rules /5000- 5160.html. Collier County will ensure long term affordability though the use of a recorded lien against the property. The County will monitor assisted units on an annual basis during the affordability period. Additionally, all properties receiving assistance from the NSP will be secured by a recorded second mortgage on the subject property in favor of Collier County. The purchase assistance second mortgage shall bear an interest rate of 0 %. No payment will be required until the home is sold, transferred, refinanced, is no longer the primary homesteaded residence or is operated for an activity deemed ineligible for assistance under NSP guidelines. At that time the balance of the loan will be repaid. All applicants will be taken on a first- come - first - served basis. Applicants must meet NSP income guidelines, as well as the following: applicant must be a first time home buyer, defined as not having home ownership interest in a residential property during the past three (3) years, a single parent with children under the age of eighteen (18) who has recently been divorced and displaced, a displaced victim of domestic violence, or a person displaced as the result of some government action; the assisted residential property must be located within the boundaries of Collier County, Florida and the purchase price may not exceed $200,000. The County will use the minimum affordability period of the federal HOME Investment Partnership Program, 24 CFR 92.252(a), (c), (e) and (f), and 92.254. The minimum affordability periods are as follows: • Up to $15,000 — 5 Years • $15,001 to $40,000 — 10 Years • Over $40,001 — 15 Years • New Construction — 20 Years Collier County shall place program income derived from the sale of the home or residential property into a separate revolving fund to recycle the NSP Funds. Program income shall be used for any eligible NSP Activity listed within this Substantial Amendment, a portion of which may be used for program administration. In no event shall NSP Funds be used to assist households earning more than 120 percent local area median income. All applicants must receive at least eight (8) hours of homebuyer education from a U.S. Department of Housing and Urban Development certified counselor. kctivity 44 — Demolition of Acquired Foreclosed Properties 17 Packet Page -1397- 6/23/2015 16.D.1. (1) Activity Name: Demolition of Acquired Foreclosed Properties (2 ) (�1 Activity Tune: Demolition and Clearance of Foreclosed Properties ® Demolish blighted structures; • 24 CFR 570.201(d) Clearance for blighted structures only. (3) National Objective: Provides or improves permanent residential structures that will be occupied by a household whose income is at or below 120 percent of area median income. (4) Projected Start Date: February 13, 2009 (5) Projected End Date: February 13, 2014 (b) Responsible Organization: Collier County of Hoak, Human and Veteran SeFvi es Community and Human Services; 3339 Tamiami Trail E, Suite 211, Naples, FL 34112. The County may execute a developer agreement to undertake this Activity. (7) Location Description: Collier County will assist those areas defined in Section A. Areas of Greatest Need — Identified Program Target Areas. The County will continue to monitor Local foreclosure data and intend the NSP Program to be flexible to allow for timely reaction to any significant changes in the local housing market. (8) Activity Description: Include a narrative describing the area of greatest need that the activity addresses; the expected benefit to income - qualified persons; and whether funds used for this activity will be used to meet the low income housing requirement for those below 50% of area median income. For housing related activities, include: • tenure of beneficiaries -- rental or homeownership; duration or terns of assistance; • a description of how the design of the activity will ensure continued affordability. For acquisition activities, include: • discount rate For financing activities, include: i range of interest rates Narrative Response: Hon-ies or residential properties acquired tlu'ough the NSP that are not economically feasible to rehabilitate, pose a health threat or pose safety threat, may be demolished. Demolished properties may be placed in a land bank maintained by Collier County or provided to a local nonprofit provider of affordable housing. Additionally, NSP Funds may be used to construct a new home on the site. Collier County will assist those areas defined in Section A. Areas of Greatest Need — Identified Program Target Areas. W Packet Page -1398- 6/23/2015 16.D.1. If the cost to rehabilitate the unit is greater than fifty (50) percent of the acquisition price, and /or the cost of acquisition and rehabilitation exceeds one hundred (100) percent loan -to- value, the County will consider demolition. Collier County does not intend demolition to be a major activity in its NSP. Rather, the County reserves the right to demolish an acquired property i{ dee: ed a more fice,.:Jly effective us of NSP F inrls. The County shall abide by Uniform Relocation Action (URA) requirements for any affected household where a housing unit is being demolished that has not been vacant for greater than ninety (90) days. Collier County will avoid using NSP Funds to acquire homes or residential properties that have been vacant for fewer than ninety (90) days. Should Collier County or its housing partner construct a new unit on the site, such activity shall be governed by NSP guidelines as discussed in Activity #1 - Acquisition and Rehabilitation of Foreclosed Properties for Resale.. Additionally, all households assisted must earn no more than 120 percent of the local area median income. The County will use the minimum affordability period of the federal HOME Investment Partnership Program, 24 CFR 92.252(a), (e), (e) and (f), and 92.254. The minimum affordability periods are as follows: • Up to $15,000 — 5 Years • $15,001 to $40,000 —10 Years ® Over $40,001 — 15 Years • New Construction — 20 Years Collier County shall place program income derived from the sale of the home or residential property into a separate revolving fund to recycle the NSP Funds. Program income shall be used for any eligible NSP Activity listed within this Substantial Amendment, a portion of which may be used for program administration. Activity #5 — Land Banking of Acquired Properties (1) Activity Name: Land Banking of Acquired Properties (2) Activity Type: Land Banking of Acquired Properties • Establish land banks for homes that have been foreclosed upon; • 24 CFR 570.201(a) Acquisition; • 24 CFR 570.201(b) Disposition. (3) National Objective: Provides or improves permanent residential structures that will be occupied by a household whose income is at or below 120 percent of area median income. (4) Projected Start Date: February 13, 2009 (5) Projected End Date: February 13, 2014 (6) Responsible Organization: Collier County Department of Housing, Community and Human Services; 3339 Tarniami Trail E, Suite 211, Naples, FL 34112. The County may execute a developer agreement to undertake this Activity. 19 Packet Page -1399- 6/23/2015 16.D.1. (7) Location Description: Collier County will assist those areas defined in Section A. Areas of Greatest Need — Identified Program Target Areas. The County will continue to monitor local foreclosure data and intend the NSP Program to be flexible to allow for timely reaction to any significant changes in the local housing market. (8) Activity Description: Include a narrative describing the area of greatest need that the activity addresses; the expected benefit to income- qualified persons; and whether funds used for this activity will be used to meet the low income housing requirement for those below 50% of area median income. For housing related activities, include: • tenure of beneficiaries -- rental or homeownership; • duration or term of assistance; • a description of how the design of the activity will ensure continued affordability. For acquisition activities, include: • discount rate For financing activities, include: • range of interest rates Narrative Response: Collier County may acquire properties that have been foreclosed and /or vacant for at least ninety (90) days and are on the lender's list of current inventory to be placed in a land bank. The purchase price for all properties acquired with NSP Funds during the initial 18 month period shall be discounted at least one (1) percent from the current market - appraised value of the home or residential property, The current market appraisal will be made in conformity with the requirements of the URA at 49 CFR 24.103 and completed within 60 days prior to an offer to purchase made by the County or an approved housing partner. The County may partner with various community organizations and partners to identify properties suitable for NSP land banking. Properties acquired through this NSP Program for the purpose of being placed in a land hank may be demolished as discussed in Activity 95 - Demolition of Acquired Foreclosed Properties. Collier County will assist those areas defined in Section A. Areas of Greatest Need — Identified Program Target Areas. Collier County will ensure Long term affordability as described in Section (C)(3) of this substantial amendment. All NSP i - assisted housing will be required to meet or exceed local and state building codes. All units that require rehabilitation must meet or exceed the current Florida Building Code (FBC). The current code applied in Collier County is 2007 FBC. The County will use the minimum affordability period of the federal HOME Investment Partnership Program, 24 CFR 92.252(a), (c), (e) and (f), and 92,254. The minimum affordability periods are as follows: Up to $15.000 — 5 Years $15,001 to $40,000 — 10 Years Over $40,001 — 15 Years Packet Page -1400- 20 6/23/2015 16.D.1. 0 New Construction — 20 Fears A minimum of 25 percent of the Collier County NSP Allocation shall be used to assist households earning less Bran, _50 percent local area median income, 'In no event shall NSP Funds be used to assist households earning more than 120 percent local area median income. An NSP- assisted property may not be held in a land bank for more than ten (10) years without obligating the property for a specific, eligible redevelopment of that property in accordance with NSP requirements. Collier County shall place program income derived from the sale of the home or residential property into an appropriate fund to recycle the NSP Funds. Program income shall be used for any eligible NSP Activity listed within this Substantial Amendment, a portion of which may be used for program administration. Pursuant to HUD NSP Policy Alert "Program Income in the Neighborhood Stabilization Program" dated July 13, 2011, revenues received by developers are NOT considered program income. 1. Total Budget: $7,306,755 Narrative Response: Refer to Exhibit "A ". The U.S. Department of Housing and Urban Development allows up to 10 percent of the NSP grant provided to Collier County and up to 10 percent of program income earned for general administration and planning activities as those are defined at 24 CFR 570.205 and 206. The 10 percent limitation applies to the grant as a whole. Additionally, IIUD recognizes the need to move forward rapidly to prepare this substantial amendment and to undertake other administrative actions. Therefore HUD has granted permission to incur pre -award costs effective September 29, 2008 in preparation of the substantial amendment. J. Performance Measures (e.g., units of housing to be acquired, rehabilitated, or demolished for the incorne levels of households that are 50 percent of area median income and below, 51 -80 percent, and 81 -120 percent): Narrative Response: Collier County shall include performance measures in all agreements with local partners contracted with to implement activities described in this Substantial Amendment. Such measures shall ensure funds are expended within the initial NSP required 18 -month time period. Collier County shall monitor all progress to ensure the housinu, activities listed in this amendment are completed in a tiiliely iilaiincr Gild local beileflt achieved u, soo, as possible, Collier County estimates the total number of units assisted with the initial $7,306,755 allocation to be 59. As assisted units are sold or transferred, program income shall return to the County. The County may use the program income received for any activities listed in this substantial amendment, a portion of which may be used for program administration. The following is a list, by income level, of total units of housing to be assisted with NSP Funds: Low Income — households earning 50% of area median income or less; o 15 units Moderate Income — households earning between 51 % and 80% area median income; o 22 units 21 Packet Page -1401- 6/23/2015 16.D.1. N4 I dd I e III C0111C — 110LISCh0tds earning beWecn 91% and 120% area median ill coryle: o 22 units ATTEST: DWIGHT E. BROCK, CLERK 'JqLlI`rlDCI- O1 units Assisted Activity Type Low Income Moderate Income Middle Income Acquisition for Resale 3 13 13 Acquisition for Rental 12 2 2 Direct Assistance 0 3 3 Demolition 0 3 3 Land Banking 0 1 1 Total is 22 22 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: DEPUTY CLERK TIM NANCE, CHAIRMAN APPROVED AS TO FORM AND LEGALITY BY: fENNIFER BELPEDIO ASSISTANT COUNTY ATTORNEY Packet Page -1402- 22 6/23/2015 16.D.1. 1. NSP3 Grantee Information NSP3 Program Administrator Contact Information Name (Last, First) Grant, Kimberley Email Address kimberleygrant @colliergov.net Phone Number 239 - 252 -8442 6287 Mailing Address 3339 Tamiaml Trail E., Suite 211, Naples, Florida 34112 -5361 2, Areas of Greatest Need Map Submission The map generated at the HUD NSP3 Mapping Tool for Preparing Action Plan website is included as an attachment. natn rmirCes L)sed to Determine Areas of Greatest Need Describe the data sources used to determine the areas of greatest need. Response Collier County consulted local, state, and national data sources in determining the areas of greatest need. The use of myriad data sources allowed both a macro and micro and analysis of the areas of critical concern, local and national trends, forecasting future demand, and leveraging of existing resources. The goal of Collier County when determining the areas of greatest need was to stabilize neighborhoods, arrest decline, and produce a more sustainable, inclusive, and integrated community. Local Data Source; Naples Area Board of Realtors Multiple Listing Service (MLS). Qualifiers: Excluded Marco Island, vacant land, commercial property, multi- family, and time - shares. Included mobile homes, manufactured homes, short sales, and foreclosures. All properties must have a minimum of 350 square feet. Data Used: Median sales price, median list price, number of listings, and number of sales from January 2010 to October 2010. The data provided a macro analysis of patterns and trends in the countywide residential real estate market. There continues to be a significant delta between the number of listings versus number of sales, and the median listing price versus the median sales price. For example, in October 2010 there were 434 sales compared to 7,966 properties listed; only 5.45% of properties listed for sale in October 2010 sold, Likewise, the median listing price in October 2010 was $324,000 compared to a median sales price in the same month of $165,000; the median sales price was approximately half of the median list price. It may be true that until these deltas display an extended decrease in severity, the local housing market will continue to struggle. However, the dichotomy between the rural housing market and the coastal housing market may distort the median data figures; thus, drawing conclusions at this level of analysis may be problematic. For example, the December 2010 sale of a home in the prestigious Port Royal community for $14.55 million dollars will likely distort the countywide median sales price data for that period. -1, Packet Pape -1403- 6/23/2015 16. D.1. Source: Various; complied and reported in the U.S. Department of Housing and Urban Development's (HUD) NSP3 Downloadable Data Files. Qualifiers: Data reflects market conditions for the second quarter of 2010. For further details, consult the "Data Dictionary" prepared by HUD and available at www.huduser,org /portal /datasets /NSP.htm1. Data Used: Collier County was divided into 223 distinct areas by HUD when preparing data to assist in calculating the formula allocations amounts for NSP3. All data were used by HUD to calculate a NSP3 foreclosure need score ranging from one to twenty, with twenty being the worst. Locally, particular attention was paid to the following factors: foreclosure need score, percent low- moderate households, USPS vacancy rates, percentage of high -cost mortgages, and the estimate number of properties needed to make an impact. In order to be eligible for participation in NSP3, an area must have a foreclosure need score of at least seventeen on the scale of twenty. Of the 223 areas HUD divided Collier County into, 206 have a foreclosure need score of at least 17 (92.38 percent). However, many of the areas would require expenditures in excess of the available NSP3 funding. Collier County must seek to deeply target funding into those areas where HUD believes we can make an impact based upon current market conditions and projections for future decline or instability, Source: Collier County NSP1 experiences Qualifiers: Collier County was allocated $7,306,750 and successfully obligated 100 percent of the funds within 18 months. The program design generates program income upon sale to an income - qualified person or family. As such, activities are ongoing. Data Used: Acquisition locations, average acquisition cost, average rehabilitation cost, and return of program income. Collier County's NSP1 program has been successful in acquiring properties in focused geographical areas most adversely affected by the foreclosure crisis. When determining areas of greatest need for NSP3, consideration was given to properties approved using NSP1 funds. Furthermore, having already acquired over 70 properties with NSP1, Collier County has a considerable amount of data on costs. As such, we sought areas for NSP3 funding that we have adequate funding to make a real impact. State Data Source: Shimberg Center for Housing Studies, University of Florida. Qualifiers: Data projects affordable housing needs based upon the 2000 Census. While this data is the Florida legislature ( p Cl- on 'I A0 5 11i Statutes) dated, the Center was established in i9Sa by rile rlvl iva iegiSia�iir e (Sciv�i ..- +�.• -.� , Florida � , as the State's source of research relating to the problems and solutions associated with the availability of affordable housing in Florida. As such, one must consider the data in any analysis of affordable housing needs. Data Used: Collier County used cost burdened household data, divided by home ownership and rental, to assess the types of housing units projected to meet an unmet need in the community. Cost burdened is defined as a household spending greater than 30 percent of household income on housing related expenses. Analyzing data from the Shimberg Center, Collier County is projected to have an average annual increase of 739.55 cost burdened household units between 2010 and 2030. The data shows the increase by income range and housing type (home ownership versus rental) and may prove a valuable tool in the long range planning and implementation of the NSP3 program. Packet Page -1404- 6/23/2015 16.D.1. National Data Source: Neighborhood Stabilization Program Resource Exchange and other sources ualifiers: Information was assembled to ensure Collier County's NSP3 areas of greatest need could be effectively served with the resources available using best practices, toolkits, and examples of successful implementations in NSP1 and NSP2. Finally, national media coverage on housing related issues was used to provide context within the broader economic crisis. Much of this data is not quantitative, but remains valuable when selecting target areas. Data Used: Two toolkits available on the Neighborhood Stabilization Program Resource Exchange were of particular benefit when determining areas of greatest need: Instructions for Completing the NSP3 Substantial Amendment or Abbreviated Action Plan and the NSP3 Program Design Guidebook. Figure 1 -2 in the NSP3 Program Design Guidebook was used to consider market types and the implications for program design. For example, in an area with low demand and high supply of eligible properties, Collier County may undertake demolition of blighted structures and land bank for future redevelopment. National media coverage was used to provide a context within the broader economic crisis when planning activities and selecting areas of greatest need. Topics considered included, but were not limited to: the growth in families "doubling up" due to loss of income or foreclosure; decreasing local government budgets resulting in, among other things, fewer funds for maintaining abandoned houses and funding social service initiatives; challenges in providing effective homeless prevention; uncertainty surrounding certain documents used by banks during foreclosure proceedings; presence of "Chinese Drywall in homes and the adverse effects on owners; the state of housing and the uncertainties surround future prices; Florida Economic Outlook: July 2010 (Wells Fargo). Determination of Areas of Greatest Need and Applicable Tiers Describe how the areas of greatest need were established and whether a tiered approach is being t utilized to determine the distribution of funding. Response: it is not proper, nor is it the intent, for the Collier County NSP3 to compete with the private market; the private market will take care of the private market. Rather, the Collier County NSP3 should deeply target those areas that are not attractive to private investors and homebuyers, and which are causing instability, deterioration, blight, and unstable conditions in the community. For purposes of NSP3, HUD divided Collier County into 223 unique target areas. Providing this number of small target areas will permit Collier County to deeply target areas adversely impacted by the I foreclosure crisis. However, the County's success wilt depend on the availability of eligible properties. As such, Collier County will employ a tiered approach. Based upon data collected from NSP1, Collier County NSP3 allocation will fund activities on approximately thirty (30) units as funding allows. A tiered approach will further define within the general target area, sub -areas (or tiers), to ensure that the County is able to meet the impact criteria provided by HUD. Where funds are insufficient to meet the impact criteria, the County will seek other tiers in which funds may be deeply targeted and produce the results expected by HUD, the Housing and Economic Recovery Act of 2008, and the Wail Street Reform and Consumer Protection Act of 2010 Packet Paee -1405- 6/23/2015 16.D.1. (Dodd -Frank Act). Finally, when assessing tiers to target with NSP3, the County will consider properties assisted with NSP1. For example, the County has made great efforts to stabilize an area loosely defined as Golden Gate City. Further investment in this area and the associated tiers will maximum the effects of both NSP1 and NSP3. Additionally, the past and future use of NSP1 in conjunction with NSP3 may assist the County in meeting the impact criteria. The following have been selected as the target areas for Collier County's NSP3: Target Area One — Golden Gate City (HUD Neighborhood ID 11087641 • Tier One — Census Tract 0104.10 • GeoID 12021923012630001041OU1 • GeoID 120219230126300010410U2 • GeoID 120219230126300010410U3 • Tier Two - Census Tract 104.19 o GeoID 1202101419 • Tier Two - Census Tract 104.20 o GeoID 12D2101420 • Tier Three — Census Tract 0104.11 o GeoID 12021923012630001041101 o GeoID 120219230126300010411U2 o GeoID 120219230126300010411U3 o GeoID 12021923D126300010411R3 o GeoID 120219230126300010411R1 T_ arget Area Two — East Naples Bayshore Gateway CRA (HUD Neighborhood ID 3981140) • Tier One — Census Tract 0107.01 o GeoID 12021923019999901070104 o GeoID 12021923019999901070101 o GeoID 120219230199999010701U2 o GeoID 12021923019999901070103 o GeoID 120219230199999010701R2 Please note that the above data is presented and identified as contained in HUD's NSP3 [Mapping Tool. Copies of the reports are attached to this application. _ 3. Definitions and Descriptions Definitions Term Definition Blighted Structure In conformance with Section 163.340, Florida Statutes, a blighted structure means a structure that is deteriorated, or deteriorating, in which conditions, Packet Paae -1406- 6/23/2015 16.D.1. as indicated by government - maintained statistics or other studies, are leading to economic distress or endangering life or property, and in which two or more of the following factors are present: a) Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities; b) Aggregate assessed value of real property in the area for ad valorem tax purposes have failed to show any appreciable increase over the 5 years prior to the finding of such condition; c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; d) Unsanitary or unsafe conditions; e) Deterioration of site or other improvements; f) Inadequate and outdated building density patterns; g) Falling lease rates per square foot of office, commercial, or industrial space compared to the remainder of the county or municipality; h) Tax or special assessment delinquency exceeding the fair value of the land; 1) Residential and commercial vacancy rates higher in the area than in the remainder of the county or municipality; j) Incidence of crime in the area higher than in the remainder of the county or municipality; k) Fire and emergency medical service calls to the area proportionately higher than in the remainder of the county or municipality; 1) A greater number of violations of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality; m) Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area; or n) Governmentally owned property with adverse environmental conditions caused by a public or private entity. However, the term "blighted structure" or "blighted area" also means any structure or area in which at least one of the factors identified in paragraphs (a) through (n) are present and all taxing authorities subject to s. 163.387(2)(a) agree, either by interlocal agreement or agreements with the aeencv or by resolution, that the structure or area is blighted. Affordable Rents 1 24 CFR § 92.252 Rents shall not exceed the Fair Market Rents (FMR) as published annually by HUD for the Naples — Marco Island Metropolitan Statistical Area (MSA). Furthermore, the maximum rent are the lesser of: 1) The fair market rent for existing housing for comparable units in the area as established by HUD under 24 CFR 888.111; or 2) A rent that does not exceed 30 percent of the adjusted income of a family whose annual income equals 65 percent of the median income for the area, as determined by HUD, with adjustments for number of bedrooms in the unit. Packet Paee -1407- 6/23/2015 16.D.1. Furthermore, when the NSP3 assisted unit is occupied by very law- income families the rent requirements are: 1) The rent does not exceed 30 percent of the annual income of a family whose income equals 50 percent of the median Income for the area, as determined by HUD, with adjustments for smaller and larger families. However, if the rent determined under this paragraph is higher than the applicable rent under paragraph (1) or (2) of this section, then the maximum rent for units under this paragraph is that calculated under paragraph (1) or (2) of this section; and 2) The rent does not exceed 30 percent of the family's adjusted income. If the unit receives Federal or State project -based rental subsidy and the very low- income family pays as a contribution toward rent not more than 30 percent of the family's adjusted income, then the maximum rent (i.e., tenant contribution plus project -based rental subsidy) is the rent allowable under the Federal or State project -based rental subsidy program. DRCCrintions Term I Definition Long -Term Affordability 24 CFR 92.252(a), (c), (e), and (f), and 92.254 Rental: Long -Term Affordability The NSP3- assisted units must meet the affordability requirements for not less than the applicable period specified below, beginning after project completion. The affordability requirements for NSP3 - assisted rental units apply without regard to the term of any loan or mortgage or the transfer of ownership, except that the affordability restrictions may terminate upon foreclosure or transfer in lieu of foreclosure. Collier County will enforce long -term affordability through the use of a recorded lien, covenant, or deed restriction against the assisted property. Rental housing activity Minimum Eeriod of affordability in years Rehabilitation or acquisition of existing housing per unit amount of NSP3 funds. 5 Under$15, 000- .................. ............................... $15,000 to $40, 000 ............ ............................... 10 Over $40,000 or rehabilitation Involving 15 refinancing.......................... ............................... New construction or acquisition of newly 20 constructed housing ........... ............................... ! Subsequent rents during the affordability period will be calculated and applied In conformance with 24 CFR 92.252(f). Homeownership: Long -Term Affordability The NSP3- assisted housing must meet the affordability requirements for not less than the applicable period specified in the following table, beginning a , Packet Page -1408- 6/23/2015 16.D.1, after project completion. These restrictions are a minimum and Collier County may elect to impose longer affordability periods. The per unit amount of NSP3 funds and the affordability period that they trigger are described more fully below under "Homeownership-L-�� Resale Provisions." Homeownership assistance NSP3 amount Minimum period of affordability in years per -unit Under $15, 000 .................... ............................... 5 $15,000 to $40, 000 ............ ............................... 10 Over$40, 000 ...................... ............................... 15 Homeownership: Long Term The a ptu, e -NPevi5i9f}3 -icy}} E'5 1`3 -�L hE)F4;elawyeF, if the @£-t to afferdability is la r Er}egea5il agaifiat zk�e r-egti-r4- a#erA,ab fity.po d—T4e Ret efd n�S,p3+pveSFaaeHt v nta! suaEeet�c ,.-- Aj�p- 3- as�9uFt- tc� -�-sY 1 ,.,.,.y,�LF..FF}µ('St-r1aP.-�?t �—�c" s-R2F F\�yr4�� -ffi VLStfi�EiFr'c� -k*8 fii wF'e+4rVestMef? 't cT-- vii *rt -i '..ay-p Resale restrictions shall the implemented for event r property constructed redeveloped, or rehabilitated in in/{}nla or in Hart. with tVSP funds in the form of a development subsidy A development subsidy consists of the difference between the cost of roducin 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 homebuyer determines that it no longer intends to use the property as its principal residence resale restrictions require the home_buyer 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 buvers in the target affordable range The new buyer must occupy house as principal rocirianrP- The remaining resale restrictions apply to new buyer, for the Packet Page -1409- 6/23/2015 16.D.1. Packet Page -1410- 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 1 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 homebuyer 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 over 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 homebuber'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, i I Resale Example: Assumption' NSP funds total development Total Development Costs (TDC) 5120 000 Sale price_ based on appraisal x90,000 Principle reduction $10,000 First Purchase mortgage $B0.000 Closing cost assistance $1,600 Amount determining compliance $120.000 Compliance period 15 years l Housing Rehabilitation Standards General Standards All NSP3- assisted housing will be required to meet or exceed local and state building codes. All units that require rehabilitation must meet or exceed the current Florida Building Code (FBC). The current code applied in Collier Packet Page -1410- 6/23/2015 16. D.1. -. County is 2007 FBC. Collier County will incorporate energy- efficient, sustainable building practices when feasible, including the use of green building to provide long- term affordability and attractiveness within the community, Furthermore, Collier County encompasses a large coastal area that subjects the residents to the risk of hurricanes and severe flooding. As such, all NSP3- assisted housing will undergo hurricane hardening and damage mitigation, when feasible. Required HUD Standards In compliance with the requirements of HUD, the following standards will apply to gut rehabilitation and new construction projects, Gut rehabilitation is defined as the general replacement of the interior of a building that may or may not include changes to structural elements such as flooring systems, columns or load bearing interior or exterior walls. a) Residential buildings up to three stories must be designed to meet the standard for Energy Star Qualified New Homes; b) Mid- or high -rise multifamily housing must be designed to meet American Society of Heating, Refrigerating, Air - Conditioning Engineers (ASHRAE) Standard 90.1 -2004, Appendix G plus 20 percent (which is the Energy Star standard for multifamily buildings piloted by the Environmental Protection Agency and the Department of Energy) In further compliance with the requirements of HUD, the following standards will apply to all NSP3- assisted housing units. a) All rehabilitated units must meet the following standards to the extent applicable to the work undertaken: i. Older obsolete products and appliances (such as windows, doors, lighting, hot water heaters, furnaces, boilers, air conditioning units, refrigerators, clothes washers and dishwashers) Bust be replaced with Energy Star -460 labeled products; N. Water efficient toilets, showers, and faucets, such as those with the Water Sense label must be installed; iii. Housing must be improved to mitigate the impact of disasters (e.g, hurricane, flooding, and fire) HUD also encourages the adoption of energy efficient and environmentally - friendly green elements. Collier County will seek to incorporate the standards and policies of the Florida Green Building Coalition. A copy of the standards and policies is attached to this Action Plan. Packet Paee -1411- 6/23/2015 16.D.1. 4. Low - income Targeting Low- Income Set -Aside Amount Identify the estimated amount of funds appropriated or otherwise made available under the NSP3 to be used to provide housing for individuals or families whose incomes do not exceed SO percent of area median income. Response: Collier County will set -aside 25 percent of funds appropriated to the County to provide housing for individuals or families whose incomes do not exceed 50 percent of the area median income, adjusted for household size. The final dollar amount is 25 percent of the sum of the County's appropriation and program income, rounded up to the nearest thousand Total low- income set -aside percentage (must be no less than 25 percent): 25.00% Total funds set aside for low- income individuals = 1 078 042 Meeting Low - Income Target Provide a summary that describes the manner in which the low - income targeting goals will be met. Response: Habitat for Humanity of Collier County, Inc. (hereinafter, "Habitat for Humanity" or "Developer"), has been successful in providing homeownership to households earning less than 50 percent of the area median income. Through a developer agreement, Collier County shall partner with Habitat for Humanity to meet the low- income targeting requirement through the provision of affordable homeownership. S. Acquisition and Relocation Demolition or Conversion of LiViI Units Does the grantee intend to demolish or convert any low- and moderate - income dwelling units (i.e., S 80% of area median income)? Yes If yes, fill in the table below. Question Number of Units The approximate number of low- and moderate - income dwelling units —Le., 5 80% of area median income — reasonably expected to be demolished or converted as a direct result of NSP- assisted activities. 3 units The approximate total number of NSP affordable housing units made available to _ low -, moderate -, and middle- income households —i.e., 5 120% of area median income — reasonably expected to be produced by activity and income level as provided for in DRGR, by each NSP activity providing such housing (including a proposed time schedule for commencement and completion), All activities have an estimated commencement date of March 1, 2011 and l Packet Page -1412- 6/23/2015 16. D.1. 6. Public Comment Citizen Participation Plan Briefly describe how the grantee followed its citizen participation plan regarding this proposed i substantial amendment or abbreviated plan. Response; The Collier County Citizen Participation Plan was adopted January 9, 2001. The following steps were taken in preparation of this NSP3 substantial amendment: 1. Technical Assistance — in addition to providing public access to the draft and development document used in the preparation of this substantial amendment, Collier County was available to provide technical assistance to citizens, citizen groups, nonprofit organizations and agencies that requested assistance in understanding the NSP3. 2. Public Hearings /Meetings —The development of the Collier County NSP3 substantial amendment was contemplated in regular, publicly advertised meeting(s) of the Affordable Housing Advisory Committee, the Board of County Commissioners, and advertised in a newspaper of general circulation. 3. Fifteen -bay Public Comment Period —The County published notice of the availability of the proposed NSP3 substantial amendment in a newspaper of general circulation and posted it on the County's website. The publication described, among other items, the total County appropriation, target areas, and proposed activities. 4. County Commission — Citizen Participation requirements shall not be construed to restrict the responsibility or authority of the County for the development and execution of the NSP3 program activities. The County Commission remains the sole approving authority for the program and any amendments. Summary of Public Comments Received. No public comments were received. Packet Page -1413- completion date of February 28, 2014. Activity 1 LMMH /LH25 — 25 units Activity 2 LMMH — 5 units The number of dwelling units reasonably expected to be made available for 7 units households whose income does not exceed 50 percent of area median income. 6. Public Comment Citizen Participation Plan Briefly describe how the grantee followed its citizen participation plan regarding this proposed i substantial amendment or abbreviated plan. Response; The Collier County Citizen Participation Plan was adopted January 9, 2001. The following steps were taken in preparation of this NSP3 substantial amendment: 1. Technical Assistance — in addition to providing public access to the draft and development document used in the preparation of this substantial amendment, Collier County was available to provide technical assistance to citizens, citizen groups, nonprofit organizations and agencies that requested assistance in understanding the NSP3. 2. Public Hearings /Meetings —The development of the Collier County NSP3 substantial amendment was contemplated in regular, publicly advertised meeting(s) of the Affordable Housing Advisory Committee, the Board of County Commissioners, and advertised in a newspaper of general circulation. 3. Fifteen -bay Public Comment Period —The County published notice of the availability of the proposed NSP3 substantial amendment in a newspaper of general circulation and posted it on the County's website. The publication described, among other items, the total County appropriation, target areas, and proposed activities. 4. County Commission — Citizen Participation requirements shall not be construed to restrict the responsibility or authority of the County for the development and execution of the NSP3 program activities. The County Commission remains the sole approving authority for the program and any amendments. Summary of Public Comments Received. No public comments were received. Packet Page -1413- 6/23/2015 16. D.1. 7. NSP Information by Activity ActivityNumber 3 Activity Name Acquisition and Rehabilitation (LMMH) Select all that apply: Eligible Use A: Financing Mechanisms ® Eligible Use B: Acquisition and Rehabilitation Uses . ❑ Eligible Use C: Land Banking ® Eligible Use D: Demolition Eligible Use E: Redevelopment 24 CFR 570.201(a) Acquisition, (b) Disposition, (d) Clearance for blighted structures, (1) Relocation, and (n) Direct homeownership assistance (as CDBG Activity, or Activities modified below); 24 CFR 570.202 eligible rehabilitation and preservation activities for homes and other residential properties. HUD notes that any of the activities listed above may include required homebuyer counseling as an activity delivery cost. National Objective Low Moderate Middle Income Housing (LMMH)/ LH25 Activity Number 1 will provide funding to Developer to acquire properties that have been abandoned or foreclosed upon. Once rehabilitation is complete, utilizing funding provided by the Developer, the home will be sold to persons or households earning not greater than 120 percent area median income, adjusted for household size. The activity will attempt to stabilize neighborhoods, arrest decline, and create a more sustainable, integrated, and affordable community. The local housing market conditions in the target areas generally consists of elevated vacancy rates, greater percentage of homes financed with a high cost loan, a large number of mortgages seriously delinquent (90+ or more delinquent or in foreclosure), and a significant percentage decline in home values since the peak value. For example, since the peak value, home values in the target areas have fallen 48.4 percent. Activity Description The Developer will seek to purchase homes and residential properties that have been abandoned or foreclosed upon, in order to sell or redevelop such homes and properties. The Developer may, with written consent by the County, demolish blighted structures acquired by the Developer in ordertc redevelop as housing. When selecting target areas for this activity, Collier County paid close attention to the impact score assigned by HUD. The impact score is the estimated number of properties needed to make an impact in the identified target area. Consideration of the impact scare is especially important because, as HUD states, "nationwide there have been over 1.9 million foreclosure completions in the past two years, NSP 1, 2, and 3 combined are estimated to only be able to address 100,000 to 120,000 foreclosures. To stabilize a neighborhood requires focused investment." Therefore, target areas were selected in which Collier County would be able to make the impact recommended by HUD. Packet Page -1414- 6/23/2015 16.D.1. When providing assistance to persons, families, non - profit agencies, or other organizations, the following general terms will apply: • Range of interest rates: 0 percent to 5 percent • Term of assistance: 5 years to 30 years • Tenure of beneficiaries: homeowners The activity is expected to benefit income - qualified persons or households by producing safe, decent, and affordable housing. Additionally, the Developer may seek to incorporate energy efficient and environmentally - friendly green elements in each project. One of the major obstacles to affordable homeownership is saving for a down payment. Oftentimes the low- and very -low income residents of Collier County are struggling to pay a monthly rent payment, as well as other household expenses. This activity will benefit income - qualified persons or households by offering a newly rehabilitated property through Habitat for Humanity to reduce the heavy burden of saving a sizable down payment. Another factor affecting residents within the target areas is reduced employment opportunities. Collier County has long relied on industries fueled by population growth to provide employment opportunities for residents. According to the Collier County Economic Development Council's 2009 Market Facts report, construction, retail trade and accommodations, and food service employ the largest number of Collier County residents. All three industries have an average wage well below the area median income ($44,592, $29,120, and $22,683 respectively) thereby making any disruption in income potentially devastating. This activity will benefit income - qualified persons or households be providing affordable housing that is integrated and, whenever possible, located near employment centers and public transportation. This activity will produce housing that is intended to remain affordable. In compliance with NSP3 regulations, Collier County has adopted as a safe harbor the affordability standards of the HOME program at 24 CFR 92.252(a), (c), (e), and (f), and 92.254. The County will require that the Developer return $388,000 to the County from the proceeds of sale of NSP3 properties. The $388,000 will upon receipt by the County be classified as program income. The $388,000 generated in program income will be re- awarded to Habitat for Humanity to continue to acquire and rehabilitate additional property in line with their fISP3 developer agreement with the County. The Developer will seek, to the maximum extent possible, to hire or cause to be hired employees who reside in the vicinity of NSP3 projects or contract with small businesses that are owned and operated by persons residing in the vicinity of the project. For the purposes of NSP3, HUD defines "vicinity" as ai -per , _r ax - , �,. .r✓i°.,w,+3 ,. x .:; , �`"c xl� ? . ',e`w.n .;' t'c'"- w.an ,. d�..,ti:'a a r.7 r. s=k x n -1 4A,,, „_ f 6/23/2015 16.D.1. Activity Number 2 -- each neighborhood identified within this document as being the areas of Land Bank (LMfV�Hj greatest need. Select The following are examples of activities that may be used to accomplish this ❑ initiative: ❑ * Outreach to local area residents and businesses; (� « Inclusion of Section 3 and other relevant language in all applicable ❑ contracts; i ❑I ® Advertising of economic opportunities to local area residents and CDBG Activity or I Activities businesses Neighborhood ID 1108764: Golden Gate City • Tier One — Census Tract 0104.10 • Tier Two — Census Tract 0104.19, 0104.20 Location Description ® Tier Three — Census Tract 0104.11 Neighborhood ID 3981140: East Naples Bayshore Gateway CRA s Tier One — Census Tract 0107,01 Source of Funding Dollar Amount NSP3 $3,107,332 Budget $ $ Total Budget for Activity $3,107,332 Acquire and rehabilitate approximately twenty -five (25) units of housing for Performance Measures LMMH and LH25,_as funding permits. Projected Start Date March 1, 2011 Projected End Date February 28, 2014 Collier County Pena Name a =9Y Community and Human Service Responsible 3339 Tamiami Trail E., Suite 211, Location Organization Naples, Florida 34112 Administrator Contact Info 239 - 252 -46&3'-6287 �_� ( i kimberleygrant�colliergov.net Activity Number 2 -- iActivity Name Land Bank (LMfV�Hj use Select all that apply: ❑ Eligible Use A: Financing Mechanisms ❑ Eligible Use B: Acquisition and Rehabilitation (� Eligible Use C: Land Banking ❑ Eligible Use D: Demolition i ❑I Eligible Use E: Redevelopment CDBG Activity or I Activities 24 CFR 570.201(a) Acquisitions and (b) Disposition. HUD notes that any of the activities listed above may include required homebuyer counseling as an Packet Page -1416- 6/23/2015 16.D.1. Packet Page -1417- activity delivery cost. National Objective Low Moderate Middle Income Housing (LMMH) Activity Number 2 will provide funding to Habitat for Humanity to purchase and operate a land bank. As detailed below, the high cost of land was a major contributor to the lack of affordable housing during the height of the local housing market. The activity will attempt to stabilize neighborhoods, arrest decline, and create a more sustainable, integrated, and affordable community. The local housing market conditions in the target areas generally consists a high supply of eligible properties, low demand for housing, or high levels of vacancy. Furthermore, the target areas are suffering from, or are at risk for blighted conditions. NSP3 provides a unique opportunity to improve a community be permitting land banking. At the peak of the housing market in Collier County (41h quarter 2005), only 16.3% of homes sold were affordable to a household earning the area median Activity Description income (source: National Association of Home Builders /Wells Fargo Housing Opportunity Index). The cost of land was a major contributor to the lack of affordable housing during the housing market boom. Use funds under this activity, Collier County will prepare for the increase in vacant land costs by seeking to acquire properties at low cost. The Land Bank activity will not produce a range of interest rates, terms of assistance, or tenure of beneficiaries. Rather, those elements will present themselves upon redevelopment of the subject property within ten (10) years as required by HUD. This activity will not produce housing, rather it will fund the acquisition of properties for land banking by the Developer. Additionally, land banking will not create hiring opportunities for citizens or small businesses residing in the vicinity of the project. Neighborhood ID 1108764: Golden Gate City o Tier One — Census Tract 0104.10 Tier Two — Census Tract 0104.19, 0104.20 Location Description 0 Tier Three — Census Tract 0104.11 Neighborhood ID 3981140: East Naples Bay shore Gateway CRA Tier One — Census Tract 0107.01 - Source of Funding Dollar Amount NSP3 $388,418 Budget I $ Total Budget for Activity $388,418 Performance Measures Acquire approximately five (5) land bank properties, as funding permits. Projected Start Date March 1, 2011 Projected End Date February 28, 2014 Responsible Collier County Name Oreanization Packet Page -1417- Location Administrator Contact info 6/23/2015 16.D.1. Community aria riuman Serve_ 3339 Tamiami Trail E., Suite 211, Naples, Florida 34112 239 - 252 -4663 6287 kimberlevRrant @colliergov.net Activity !Number 3 Activity Name Administration Use Select all that apply: Eligible Use A: Financing Mechanisms Eligible Use 6: Acquisition and Rehabilitation Eligible Use C: Land Banking Z Eligible Use D: Demolition Eligible Use E: Redevelopment CDBG Activity or Activities 24 CFR 570.205 and 206, as amended to provide an alternative that an amount of up to ten (10) percent of an NSP grant provided to a jurisdiction and of up to ten (10) percent of program income earned may be used for general administration and planning activities. National Objective N /A — Administration Activity Description This activity will fund the cost of administering the NSP3. Location Description N/A - Administration Budget Source of Funding DollarAmount NSP3 $388,415.00 $ Total Budget for Activity $388,415.00 Performance Measures N/A — Administration Projected Start Date March 1, 2011 Projected End Date February 28, 2014 Responsible Organization i Name Collier County Dew 4�_ cif ;• + + +g; Wt�r}�ari a +�d- >detaais Community and Human Service Location 3339 Tamiami Trail E., Suite 211, Naples, Florida 34112 Administrator Contact Info 239- 252 -463 6287 kimberleygrant @colliergov.net 8. Ceftifications Certifications for State and Entitlement Communities Packet Pap-e -1418- 6/23/2015 16.D.1. (1) Affirmatively furthering fair housing. The jurisdiction certifies that it will affirmatively further fair housing, which means that it will conduct an analysis to identify impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. (2) Anti - displacement and relocation plan. The applicant certifies that it has in effect and is following a residential anti - displacement and relocation assistance plan. (3) Anti - lobbying. The jurisdiction must submit a certification with regard to compliance with restrictions on lobbying required by 24 CFR part 87, together with disclosure forms, if required by that pa rt. (4) Authority of jurisdiction. The jurisdiction certifies that the consolidated plan or abbreviated plan, as applicable, is authorized under state and local law (as applicable) and that the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations and other program requirements. (5) Consistency with plan. The jurisdiction certifies that the housing activities to be undertaken with NSP funds are consistent with its consolidated plan or abbreviated plan, as applicable. (6) Acquisition and relocation. The jurisdiction certifies that it will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR part 24, except as those provisions are modified by the notice for the NSP program published by HUD. (7) Section 3. The jurisdiction certifies that it will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), and implementing regulations at 24 CFR part 135. (8) Citizen participation. The jurisdiction certifies that it is in full compliance and following a detailed citizen participation plan that satisfies the requirements of Sections 24 CFR 91.105 or 91.115, as modified by NSP requirements. (9) Following a plan. The jurisdiction certifies it is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. (Only States and entitlement jurisdictions use this certification.) (io) Use of funds. The jurisdiction certifies that it will comply with the Dodd -Frank Wall Street Reform and Consumer Protection Act and Title XII of Division A of the American Recovery and Reinvestment Act of 2009 by spending 50 percent of its grant funds within 2 years, and spending 100 percent within 3 years, of receipt of the grant. (11) The jurisdiction certifies: a. that all of the NSP funds made available to it will be used with respect to individuals and families whose incomes do not exceed 120 percent of area median income; and b. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount against properties owned and occupied by persons of low- and moderate - income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. Packet Page -1419- 6/23/2015 16.D.1. However, if NSP funds are used to pay the proportion of a fee or assessment attributable to the capital costs of public improvements (assisted in part with NSP funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. In addition, with respect to properties owned and occupied by moderate- income (but not low- income) families, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than NSP funds if the jurisdiction certifies that it lacks NSP or CDBG funds to cover the assessment. (12) Excessive force. The jurisdiction certifies that it has adopted and is enforcing; a. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged In nonviolent civil rights demonstrations; and b. A policy of enforcing applicable state and local laws against physically barring entrance to, or exit from, a facility or location that is the subject of such nonviolent civil rights demonstrations within its jurisdiction. (13) Compliance with anti - discrimination laws. The jurisdiction certifies that the NSP grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 (42 U,S.C. 2000d), the Fair Housing Act (42 U.S.C. 3601- 3619), and implementing regulations. (14) Compliance with lead -based paint procedures. The jurisdiction certifies that its activities concerning lead -based paint will comply with the requirements of part 35, subparts A, B,1, K, and R of this title. (15) Compliance with laws. The jurisdiction certifies that it will comply with applicable laws. (16) Vicinity hiring. The jurisdiction certifies that it will, to the maximum extent feasible, provide for hiring of employees that reside in the vicinity of NSP3 funded projects or contract with small businesses that are owned and operated by persons residing in the vicinity of NSP3 projects. (17) Development of affordable rental housing. The jurisdiction certifies that it will be abide by the procedures described in its NSP3 Abbreviated Plan to create preferences for the development of affordable rental housing for properties assisted with NSP3 funds. Signature /Authorized Official Date Packet Paee -1420- J 6/23/2015 16.D.1. IN WITNESS WHEREOF, the parties have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Dated: Date: (SEAL) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Tim Nance, Chairman Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Packet PaRe -1421- tx 6/23/2015 16.D.1. Appendix: NSP3 Action Plan Contents Checklist The checklist below is an optional tool for NSP3 grantees to help to ensure that all required elements of the NSP3 Substantial Amendment or the Abbreviated Plan are submitted to HUD. This checklist only includes the minimum required elements that must be included in the NSP3 Action Plan and grantees may want to add additional details. This document must be protected, as described above, in order to use the checkboxes in this checklist. 1. NSP3 Grantee Information Did you include the Program Administrator's name, address, phone, and email address? 3. Definitions and Descriptions Packet Page -1422- Are the following definitions and topics included in your substantial amendment ?: • Blighted structure in context of state or local law, ❑ • Affordable rents, ❑ • Ensuring long term affordability for all NSP funded housing projects, ❑ • Applicable housing rehabilitation standards for NSP funded projects ❑ 4, Low - Income Targeting Did you identify the estimated amount of funds appropriated to I ❑ provide housing that meets the low- income set aside target? Did you provide a summary describing how your jurisdiction will meet ❑ its low- income set aside goals? S. Acquisition & Relocation For all acquisitions that will result in displacement did you specify: • The planned activity, El • The number of units that will result in displacement, ❑ • The manner in which the grantee will comply with URA for ❑ those residents? 6. Public Comment 7. NSP Information by Activity Packet LE -1423- 6/23/2015 16.D.1. 6/23/2015 16.D.1. Did you Include aAescription of all eligible NSP-3 activities you plan to-. implement with your NSP3 award? For each eligible NSP3 activity you plan to implement did you include: • Eligible use onuses? • Correlated eligible CDBG activity or activities? F-1 • Associated n 't- a lonal objective?,' • How the activity will address local market conditions? ❑ • Range of interest' rates (if any)? ❑ • Duration or term of assistance? El • Tenure Of beneficiaries (e g, or horneowner)? • If the activity produces housing, how the design of the activity ❑ will ensure continued affordability? • How you will, to the maximum extent possible, provide for vicinity. hiring?, • Procedures used to create affordable rental housing ❑ preferences? • Areas, of greatest need `aciclressed by the activity or activities? ❑ • Amount of funds budgeted for the activity? ❑ • Appropriate performance measures for the activity (e.g. units of liousing to be acquired, rehabilitated, or demolished for the: income levels represented in DRGR) 7 • Expected start and end dates of the activity? ❑ • Name and I location of the entity that will carry out the activity? ❑ 8. Certifications Did you sign and submit the certification form applicable to your ❑ jurisdiction? 9. Additional Documentation Packet Page -142 6/23/2015 16.D.1. f =0**, 1% EQUAL MOUSIMG OPPOPTUNI TV Public Notice Collier County, Florida Notice of Substantial Amendment to the Neighborhood Stabilization Program (NSP 1 and 3) To the Collier County NSPI FY 2008 and NSP3 FY 2010 Action Plan May 11, 2015 The Collier County Community and Human Services Division has proposed a substantial amendment to the FY 2008 -2009 NSPI and FY 2010 -2011 NSP3 Action Plan for participation in the Neighborhood Stabilization Program l and 3 (NSPI and NSP3). The NSPI and NSP3 programs were established by the Department of Housing and Urban Development (HUD) through the Community Block Grant (CDBG) Program under the Housing and Economic Recovery Act of 2008 (HERA), as amended and additional allocation of funds provided under the Wall Street Reform and Consumer Protection Act of 2010 (Dodd -Frank Act). Collier County was allocated funding in the amount of $7,306,755 (NSP 1) and $3,884,165 (NSP 3) to be used for the purpose of making neighborhoods not only more stable but also more sustainable, inclusive, competitive, and integrated into the overall metropolitan fabric, including access to transit, affordable housing, employers, and services. Eligible activities include but not limited to Acquisition and Rehabilitation, Land Bank, Demolition, Redevelop Properties as Housing, and Administration. The Neighborhood Stabilization Programs l and 3 guidelines stipulate that this federal funding is to be used to address the housing needs of low, moderate, and middle income persons. Moreover, not less than 25% of funding NSPI ($1,826,688.70) and NSP3 ($971,042.00) in addition to any program income received will be used to serve the housing needs of persons and families whose incomes does not exceed 50 percent of the area median income. We are adding a change to the NSP 1 Action Plan adding the resale requirement and amending the funding distribution and amending the NSP 3 Action Plan adding resale provision and deleting the recapture requirement. The resale requirement states if the homebuyer determines that they no longer intend to use the property as their principal residence, resale restrictions will 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 resale restrictions shall be implemented for every property constructed, redeveloped, or rehabilitated, in whole or in part, with NSP funds in the form of a development subside. Copies of the plan can be picked up at 3339 ► amiami Trail, E. Suite 21 lNaple" Florida 314112 Public Comment Period: Citizen comment period for this amendment is fifteen (15) days from the date of this advertisement from May 20, 2015 to June 5, 2015 regarding the proposed substantial amendment to the Collier County NSP 1 and NSP Packet Page -1425- this period, citizens may send 6/23/2015 16.D.1. written comments on this matter to Kimberley Grant, Director of Collier County, Florida at Collier County Community and Human Services 3339 T amiami Trail East, Suite 211 Naples, Florida 34112 on or before June 5, 2015. The County will respond to all written comments in writing, within 15 days of receipt. Collier County is an Equal Opportunity Employer. Collier County complies with the Fair Housing Act (42 U.S.C. 3600, et seq) and County Fair Housing Ordinance 92.9. Final Action: This action will be on the June 23, 2015 agenda of the regular meeting of the Board of County Commissioners. Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations in order to participate in this proceeding should contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Naples, Florida 34112 or (239) 252 -8380 as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. Publish date: Wednesday, May 20, 2015 Packet Page -1426-