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Agenda 09/09/2014 Item #16D13 9/9/2014 16.D.13. EXECUTIVE SUMMARY Recommendation to approve the Second Amendment to the Home Investment Partnership Program Agreement with Big Cypress Housing Corporation to extend the project completion date and milestone deadlines. OBJECTIVE: To provide affordable newly constructed single-family rental units to the community. CONSIDERATIONS: Collier County is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department of Housing and Urban Development as provided by the Cranston-Gonzalez National Affordable Housing Act. HOME funds may be used to provide incentives to develop and support affordable rental housing and homeownership affordability. On October 22, 2013, the Board approved an agreement with subrecipient Big Cypress Housing Corporation for the construction of ten single-family rental housing units (Agenda item 16D15). The project will benefit low-and very-low-income persons. On May 13,2014,the Board approved the First Amendment to the Agreement allowing for more detailed language in the budget table, including a Proposed Schedule timeline in the Quarterly Report, replacing exhibits with updated templates,and making other technical changes(Agenda item 16D13). The Second Amendment to the Agreement extends the project completion date and milestone deadlines. An extension is necessary to provide additional time for project completion due to an extensive delay in the completion and approval of the HUD required Environmental Review. The proposed modification is allowable under the grant and will not increase the amount of grant funds or impact the budget for this project. FISCAL IMPACT: The proposed actions described in this executive summary have no new fiscal impact. The funding source for the grant award is the Home Investment Partnerships(HOME)Program. The grant award for this project is $1,144,000. It is budgeted in the Urban Improvements Grant Fund (121) for Project No's. 44550 and 44555 and the Housing Grants Fund (705) for Project No's, 33089, 33177,33237,and 33290(HOME Grants). LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval.-JAB GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will further the Goals,Objectives,and Policies within the Housing Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to execute the Second Amendment to the Agreement with Big Cypress Housing Corporation for the construction of single-family rental units. Prepared by:Kristi Sonntag,Manager Federal/State Grants,Housing,Human and Veteran Services Packet Page-1899- 9/9/2014 16.D.13. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.0.16.0.13. Item Summary: Recommendation to approve the Second Amendment to the Home Investment Partnership Program Agreement with Big Cypress Housing Corporation to extend the project completion date and milestone deadlines. Meeting Date: 9/9/2014 Prepared By Name: SonntagKristi Title: Manager-Federal/State Grants Operation,Housing, Human&Veteran Services 8/7/2014 5:02:37 PM Submitted by Title:Manager-Federal/State Grants Operation,Housing,Human&Veteran Services Name: SonntagKristi 8/7/2014 5:02:38 PM Approved By Name:Bendisa Marku Title: Supervisor-Accounting,Housing,Human&Veteran Services Date: 8/11/2014 4:20:09 PM Name: KushiEdmond Title:Accountant,Housing,Human&Veteran Services Date: 8/14/2014 1:54:23 PM Name:AlonsoHailey Title: Operations Analyst,Public Services Division Date: 8/15/2014 10:23:25 AM Name: TownsendAmanda Title:Director-Operations Support,Public Services Division Date: 8/21/2014 10:17:44 AM Packet Page-1900- 9/9/2014 16.D.13. Name: GrantKimberley Title: Director-Housing,Human and Veteran S,Housing, Human&Veteran Services Date: 8/21/2014 12:17:19 PM Name: CarnellSteve Title:Administrator-Public Services, Public Services Division Date: 8/21/2014 8:13:23 PM Name: BelpedioJennifer Title:Assistant County Attorney, CAO General Services Date: 8/25/2014 12:06:51 PM Name:RobinsonErica Title:Accountant, Senior, Grants Management Office Date: 8/26/2014 3:23:34 PM Name: KlatzkowJeff Title: County Attorney, Date: 8/27/2014 9:42:37 AM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office n Date: 8/29/2014 11:32:24 AM Name: DurhamTim Title:Executive Manager of Corp Business Ops, Date: 8/29/2014 3:15:33 PM n Packet Page-1901- 9/9/2014 16.D.13. Grant#-M-08-UC-12-0217 •-■ M-09-UC-12-0217 M-10-UC-12-0217 M-11-UC-12-0217 M-12-UC-12-0217 M-13-UC-12-0217 CFDA/CSFA#- 14.239 Subrecipient—Big Cypress Housing Corporation(BCHC) DUNS#-0647232520 IDIS#455 FETI FEID#-65-1067124 FY End 12/31 Monitoring Deadline 10/2035 04/2036 SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND BIG CYPRESS HOUSING CORPORATION THIS AGREEMENT is made and entered into this day of , 2014, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "DEVELOPER", "Big Cypress Housing Corporation" a private not-for-profit corporation existing under the laws of the State of Florida,having its principal office at 19308 SW 380th Street,Florida City, Florida 33034. RECITALS WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement with the HOME Investment Partnerships (HOME) Program for the a new construction of Multi-Family Project consisting of a minimum of ten (10) single family rental housing construction at Hatcher's Preserve located at 3180 Westclox Street in Immokalee, Florida. WHEREAS, on May 13, 2014, Item 16D13, the COUNTY approved the first amendment to this agreement;and WHEREAS, the Parties desire to amend the Agreement to extend the end date and, amend project milestones. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained,the Parties agree to amend the Agreement as follows: Words Struek-Through are deleted; Words Underlined are added * * * Big Cypress Housing Corporation(HM13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Amendment#2 Page 1 of 3 bj Packet Pa:e-1902- 9/9/2014 16.D.13. II. TIME OF PERFORMANCE Services of the DEVELOPER shall start on the 22nd day of October,2013 and end on the 34st day-of OcteleFy 2015-30th dal of April,2016. Construction activities shall be completed by 2016 and the affordability period shall cease in 20356. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the DEVELOPER remains in control of HOME funds or other HOME assets, including program income III. AGREEMENT AMOUNT Milestone Anticipated Deadline Environmental Scope Review by County 1/2011 10/2014 Preliminary ERR review/approved by County 3/201110/2014 Environmental Review Published and NTP Issued 5/201411/2014 Design work complete 5/20112/2015 Land Acquisition 6/2014-10/2014 Building Plans submitted& Reviewed by County 6/201410/2014 Bid selection made 7/201112/2014 Contract signed/Awarded/NTP issued 8/20141/2015 Construction of 10 units complete 7/20151/2016 Lease Agreements Complete 10/2015'1/2016 This project milestone has been developed jointly with the subrecipient and has been approved by all parties. The subrecipient is expected to adhere to the target dates. A deviation of 60 days for any tasks is considered normal fluctuation for the project schedule. Any deviation in excess of this by the subrecipient may result in termination of the agreement with no further obligation on the part of the County to make payments for completed or in-progress work. The project milestones may be staff modified only with written approval from the Housing, Human and Veteran Services Department, following a written request with explanation from the subrecipient,and such approval must be made in advance of the milestone deadline. Project completion date may only be modified by Board approval amendment to this Agreement. Big Cypress Housing Corporation(HMI3-03) ■ "\ Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction " Amendment#2 Page 2 of 3 Packet Pa a-1903- 9/9/2014 16.D.13. 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: BOARD OF COUNTY COMMISSIONERS OF COLLIER DWIGHT E. BROCK, CLERK COUNTY,FLORIDA By: ,Deputy Clerk TOM HENNING, CHAIRMAN Dated: (SEAL) Big Cypress Housing Co i. :tion By: Alk.! / _ DAV Signa t - Steve Kirk,President DEVELOPER Name and Title Approved as to form and legality Assistant County Attorney 0, G� A Big Cypress Housing Corporation(HM 13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Amendment#2 Page 3 of 3 Packet Page-1904-