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Resolution 2019-109 RESOLUTION 2019-1 09 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE CHAIRMAN TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS,the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop a one-to three-year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy; and WHEREAS,the SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act;the methodology and purchase prices used are defined in the attached Local Housing Assistance Plan; and WHEREAS, as required by section 420.9075, F.S. it is found that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5%of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs. WHEREAS,the Community and Human Services Division has prepared a three-year Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and WHEREAS, the Board of County Commissioners finds that it is in the best interest of the public for the County to submit the Local Housing Assistance Plan for review and approval so as to qualify for said documentary stamp tax funds. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: Section 1: The Board hereby approves the Local Housing Assistance Plan, as attached and incorporated hereto for submission to the Florida Housing Finance Corporation as required by ss. 420.907-420-9079, Florida Statutes, for fiscal years 2019-2020, 2020-2021 and 2021-2022. Section 2: The Chairman, is hereby designated and authorized to execute any documents and certifications required by the Florida Housing Finance Corporation as related to the Local Housing Assistance Plan, and to do all things necessary and proper to carry out the terms and conditions of said program. Section 3: This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of June 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER C• ORIDA By: OUAAA - Oe- By: �� r a-.i.ty Clerk / illiam L. McDaniel, Jr. Attest ash Chairman 't tgraturg ti l Approved as to form and legality: By: Jennifer A. Belp;s N Assistant County Attorney (a( .>\ (.Q Co er Go tnt , 2019/2020,2020/2021,2021/2022,LHAP Collier County, Florida SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) } ti JP off 2019-2020, 2020-2021, 2021-2022 1 Co_ er County 2019/2020,2020/2021,2021/2022, LHAP Table of Contents Description Page# Section I, Program Details 3 Section II, Housing Strategies 8 A. Owner Occupied Rehabilitation 8 B. Purchase Assistance 10 C. Disaster Mitigation 13 D. Rental Development 14 E. Rental Rehabilitation 16 F. Rental Acquisition 18 G. New Construction Assistance 19 H. Demolition and Replacement of Manufactured Housing 22 Section III, Incentive Strategies 25 A. Expedited Permitting 25 B. Ongoing Review Process 25 C. Other Incentive Strategies Adopted 25 Exhibits 26 A. Administrative Budget for each fiscal year covered in the Plan B. Timeline for Established Encumbrance and Expenditure C. Housing Delivery Goals Chart for Each Covered Fiscal Year D. Signed LHAP Certification E. Signed, dated, witnessed or attested adopting resolution F. Ordinance G. Interlocal agreement H. Short Sale Policy&Short Sale Application I. Essential Personnel Certification J. Subordination Policy& Subordination Request Form Section 1. Program Details: 2 COlker twit; 2019/2020,2020/2021,2021/2022, LHAP A. LG(s) Name of Local Government Collier County Does this LHAP contain an interlocal agreement? Yes If yes, name of other local government(s) City of Naples B. Purpose of the program: • To meet the housing needs of the very low, low and moderate-income households; • To expand production of and preserve affordable housing; and • To further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: 2019-2020, 2020-2021, 2021-2022 D. Governance: The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code. Cities and Counties must comply with these applicable statutes, rules and any additional requirements as established through the Legislative process. E. Local Housing Partnership: The SHIP Program encourages building active partnerships between government, lending institutions, builders and developers, not-for-profit and community-based housing providers and service organizations, providers of professional services related to affordable housing, advocates for low-income persons, real estate professionals, persons or entities that can provide housing or support services and lead agencies of the local continuums of care. F. Leveraging: The Plan is intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. G. Public Input: Public input was solicited through face to face meetings with housing providers, social service providers, local lenders and neighborhood associations. Input was also solicited through the local newspaper in the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability. H. Advertising and Outreach: SHIP funding availability shall be advertised in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. For advertisements other than NOFAs, the County will 3 0 bier Copoity 2019/2020,2020/2021,2021/2022,LHAP accept applications during the dates specified in the advertisement distributed via the County website, email or via the County procurement office. I. Waiting List/Priorities:A waiting list will be established when there are eligible applicants for strategies that no longer have funding available. Those households on the waiting list will be notified of their status. Applicants will be maintained in an order that is consistent with the time applications were submitted as well as any established funding priorities as described in this plan. Applications will be accepted and approved on a first-come, first-qualified basis with priority given to households with a special needs occupant, or other priorities that may be deemed by the program funder, Florida Housing Finance Corporation. When funds are available for a strategy, the applicants from the waiting list will be contacted to complete/update the application for SHIP assistance. Applicants will be placed in the queue for assistance once they have provided all required documentation and been deemed SHIP eligible. Once there is a list of eligible applicants, they will be ranked in the following order. RANKING PRIORITY 1. Special Needs Households — Extremely low, very low, low and moderate — income households and persons with special needs as defined in 420.0004 (13) a) Extremely Low b) Very low c) Low d) Moderate 2. Essential Services Personnel a) Extremely Low b) Very Low c) Low d) Moderate 3. After Special Needs Set-asides and after ESP applicants have been income certified a) Extremely Low b) Very Low c) Low d) Moderate J. Discrimination: In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis of race, color, religion, sex, national origin, handicap, or familial status in the award application process for eligible housing. K. Support Services and Counseling: Support services are available from various sources. Available support services may include but are not limited to: Homeownership Counseling (Pre and Post), Credit Counseling, Tenant Counseling, and Foreclosure Counseling, through qualified 4 C o r County 2019/2020,2020/2021,2021/2022,LHAP HUD approved agencies. L. Purchase Price Limits:The sales price or value of new or existing eligible housing may not exceed 90%of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. U.S. Treasury Department X The methodology used is: Local HFA Numbers According to the U.S.Treasury Department,the most recently published figures,the 90% median area purchase price threshold for Collier County as published by the U.S. Treasury Department and in the Goals Chart. M. Income Limits, Rent Limits and Affordability: The Income and Rent Limits used in the SHIP Program are updated annually by the Department of Housing and Urban Development and posted at: https://www.floridahousing.org/owners-and-managers/compliance/income-limits and https://www.floridahousing.org/owners-and-managers/compliance/rent-limits According to F.S., Section 420.9071: "Affordable"means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households. However, it is not the intent to limit an individual household's ability to devote more than 30%of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30%benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. N. Welfare Transition Program: Should an eligible sponsor be used, a qualification system and selection criteria for applications for Awards to eligible sponsors shall be developed, which includes a description that demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program will be given preference in the selection process. 0. Monitoring and First Right of Refusal: In the case of rental housing, the staff and any entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the 5 0 C;alker Comity 2019/2020,2020/2021,2021/2022, LHAP extent another governmental entity provides periodic monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of$10,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored annually for no less than 15 years or the term of assistance whichever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. P. Administrative Budget: A line-item budget is attached as Exhibit A. The county finds that the moneys deposited in the local housing assistance trust fund are necessary to administer and implement the local housing assistance plan. Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, states: "A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan." Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code,further states: "The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5 percent of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(19), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs." The applicable local jurisdiction has adopted the above findings in the resolution attached as Exhibit E. Q. Program Administration: Administration of the local housing assistance plan will be performed by: Entity Duties Percentage Local Government Collier County, Florida 100% Third Party Entity R. Project Delivery Costs: In addition to the administrative costs listed above, the county or sponsor will charge no more than5% percent for project delivery cost to cover inspections and other eligible project delivery activities performed by the county or non-county employees. The delivery cost will be included in the maximum award to the beneficiary. The County will require time sheets from sponsor to track employee hours to prevent duplication of payment. S. Essential Service Personnel Definition: Essential Service Personnel (ESP) involved in providing essential services in Collier County, as defined as follows: Those individuals employed 6 t Co.... er County 2019/2020,2020/2021,2021/2022,LHAP in the community as teachers, educators, other school district employees, community college and university employees, police and fire personnel, health care personnel,skilled building trades personnel, and government employees. T. Describe efforts to incorporate Green Building and Energy Saving products and processes: The County will, when economically feasible, employ the following Green Building requirements on rehabilitation and emergency repairs: 1. Low or No-VOC paint for all interior walls (Low-VOC means 50 grams per liter or less for flat paint; 150 grams per liter or less for non-flat paint); 2. Low-flow water fixtures in bathrooms—WaterSense labeled products or the following specifications: a. Toilets: 1.6 gallons/flush or less, b. Faucets: 1.5 gallons/minute or less, c. Showerheads:2.2 gallons/minute or less; 3. Energy Star qualified refrigerator; 4. Energy Star qualified dishwasher, if provided; 5. Energy Star qualified washing machine, if provided in units; 6. Energy Star qualified exhaust fans in all bathrooms; and 7.Air conditioning: Minimum SEER of 14. Packaged units are allowed in studios and one- bedroom units with a minimum of 11.7 EER. These requirements may be adjusted for rental developments if the requirement of other construction funding sources requires a more prescriptive list. Innovative design, green building principles, storm resistant construction or other elements that reduce long term costs relating to maintenance, utilities or insurance may be encouraged. Collier County Homeownership Education classes provide curriculum on cost cutting measures that homeowners can use to reduce energy consumption. Collier County also encourages the use or inclusion, when appropriate, of the following: energy star appliances; Low-E windows; additional insulation (for increased R-Value); ceramic tile; tank-less water heater; 14 and 15 SEER air conditioning units; stucco; florescent light bulbs; impact resistant windows and doors. U. Describe efforts to meet the 20% Special Needs set-aside: Prioritization of funding will be for all strategies will be for persons with special needs. Outreach for clients will include marketing to a variety of agencies, including but not limited to, Agency for Persons with Disabilities, United Cerebral Palsy, etc. Additionally, advertisements in publications of general circulation may also be used. Should efforts to attract special needs clients under the rehabilitation strategy not produced the amount necessary to reach the set aside, persons meeting the definition of special needs may be assisted with other approved LHAP strategies and counted towards the set-aside. 7 461 er County 2019/2020,2020/2021,2021/2022,LHAP V. Describe efforts to reduce homelessness: Collier County supports Continuum of Care (CoC) to simplify and broaden outreach and assessment efforts for homeless persons in Collier County. Much of the outreach to homeless persons is conducted at community events such as the Point in Time Count. Additionally, outreach is conducted by the many caseworkers at community agencies, the Collier County Hunger and Homeless Coalition, schools, and other entities that encounter the homeless during other service delivery or during their regular course of business, Needs are assessed during these points of contact, and referrals are made as appropriate. The County's local resources include the federal CDBG and the state SHIP funds. Section II. LHAP Strategies: A. Owner Occupied Rehabilitation Code 3 1. Summary: SHIP funds will be awarded to households in need of repairs to correct code violations, health and safety issues, electrical, plumbing, roofing, windows, other structural items and relocation.Assistance may include costs related to all eligible repairs, inspections, work write-ups, recording fees and project delivery fees. 2. Fiscal Years Covered: 2019-2020, 2020-2021, 2021-2022 3. Income Categories to be served:Very low, low and moderate 4. Maximum award: $70,000 (up to$60,000 for rehabilitation expenses+ up to $10,000 for relocation expenses if necessary) 5. Terms: a. Repayment loan/grant: Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and promissory note. b. Interest Rate: 0% c. Years in loan term: 15 years d. Forgiveness: If all conditions of the loan agreement are met, one-third of the loan will be forgiven in five-year increments so that at the end of the fifteenth year the loan is forgiven. In cases where the qualifying homeowner(s)die(s) during the loan term,the loan will be forgiven. e. Repayment: Monthly payments are not required. f. Default: The loan will be determined to be in default if any of the following occurs during the Loan term: sale, transfer, or conveyance of property; conversion to rental 8 �' Co er County 2019/2020,2020/2021,2021/2022, LHAP property; or failure to occupy the home as primary residence. If any of these occur, the outstanding balance will be due and payable. Persons that qualify for SHIP assistance will be required to contractually agree to all SHIP program guidelines, County SHIP mortgage requirements, repayment provisions, and certify that the unit assisted will be their primary residence. Repayment of the loan is required in full when one of the following conditions is met, whichever occurs first: i. Sale: if proceeds are not enough to pay off the promissory note then the homeowner may contact the County regarding a settlement amount of the SHIP loan that is outlined in the County's "Short Sale Policy". ii. Title transfer: either voluntary or by operation of law, divested of title by judicial sale, levy or other proceedings, including foreclosure or Dee in Lieu. iii. Refinance: may be allowed in accordance with the published "Subordination Policy". iv. Home is no longer primary residence,abandoned, leased or rented. If all mortgage holders are deceased,the loan will be forgiven. The County reserves the right to foreclose if the homeowner does not repay the loan as noted above. If the home is foreclosed on by a superior mortgage holder, the county may make an effort to recapture funds through the legal process if is determined that adequate funds may be available to justify pursuing a repayment. 6. Recipient Selection Criteria: Applicants will be ranked for assistance based on first- qualified, first served basis with the priorities for Special Needs, Essential Services Personnel, income groups as described in Section 1. of this plan. An applicant may submit a completed application for SHIP Owner-Occupied Rehabilitation to the County/Sponsor for determination of eligibility at any time.Applicants are required to provide all documentation requested for income, eligibility and qualification determination.Applicants will receive a pre-approval letter and their file will be submitted to the Sponsor for unit eligibility. a. Must provide proof of homeowner's insurance or attestation of no insurance. b. If applicable, must file a claim for and use proceeds from insurance and/or FEMA as first option. c. Must complete an FHFC approved "disaster self-declaration of income" form, if applicable. 9 4456 *er County 2019/2020,2020/2021,2021/2022,LHAP d. Where the unit and land are owned by the same person, the unit assisted must be owner-occupied and, have applied for, or already be homesteaded as the primary residence. Owner-occupied manufactured home owners renting their lot may also apply for assistance. e. Verification of US Citizenship or Permanent Residency Status: All borrowers must submit proof of U.S. citizenship or US Permanent residency. f. Asset Cap or liquid Assets:All beneficiaries will be limited to a cash or liquid asset of $30,000.00 upon completion of their down payment and closing costs assistance, rehabilitation and other approved strategies. However,the Board of County Commissioners will have the authority to suspend the asset cap/liquid assets in determining income qualifications during recovery from a declared disaster. g. Primary Residence: Documentation used for verification of primary residence includes, but is not limited to: homestead exemption, utility bill(s), or driver's license. 7. Sponsor Selection Criteria: N/A 8. Additional Information: Manufactured homes will only be eligible for housing assistance if owner occupied, is affixed to the ground, the land is (a) owned and homesteaded by the occupant or(b) leased/rented by the homeowner. Manufactured homes constructed June 1994 forward are considered eligible housing pursuant to Section 420.9071 (8), Florida Statute. The repairs must not exceed 90% of the value of the existing property and residence; and any and all repairs are within existing codes for the property. For an owner- occupied mobile or manufactured home on land that is leased, a security instrument in compliance with Uniform Commercial Code (UCC) will be recorded to perfect a security interest in the unit. Homeowners may receive additional Rehabilitation funding provided they waited at least three years since the last Rehabilitation. Disaster related funding is exempt. B. Purchase Assistance Code 1&2 1. Summary: SHIP funds will be awarded to first-time homebuyers for down payment and closing costs to purchase a newly constructed or an existing single-family home, manufactured home or condominium. Prospective homebuyers must qualify as a First Time Homebuyer under the HUD definition: An individual who has had no ownership in a principle residence during the 3- year period ending on the date of purchase of the property. This includes a spouse (if either meets the above test,they are considered first-time home buyers).A single parent who has only owned with a former spouse while married.An individual who is a displaced 10 er Cox cnty 2019/2020,2020/2021,2021/2022,LHAP homemaker and has only owned with a spouse. An individual who has only owned a principle residence not permanently affixed to a permanent foundation in accordance with applicable regulations.An individual who has only owned a property that was not in compliance with state, local or model building codes and which cannot be brought into compliance for less than the cost of constructing a permanent structure. 2. Fiscal Years Covered: 2019-2020, 2020-2021, 2021-2022 3. Income Categories to be served: Extremely low,Very low, Low and Moderate 4. Maximum award: Extremely/Very Low: $57,500 Low: $37,500 Moderate: $27,500 *These maximum awards may include $5,000 for Essential Services Personnel and $2,500 in reimbursement for rehabilitation activities. 5. Terms: a. Repayment loan/grant: Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and promissory note. b. Interest Rate: 0% c. Years in loan term: 15 years d. Forgiveness: If all conditions have been met,the loan is forgiven entirely at the end of the 15-year term. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan will be forgiven. e. Repayment: Monthly payments are not required. f. Default: The loan may be determined to be in default if any of the following occurs: i. Sale; if proceeds are not enough to pay off the mortgage note then the homeowner may contact the County Regarding a settlement amount of the SHIP loan. ii. Title transfer, either voluntary or by operation of law, divested of title by judicial sale, levy or other proceedings, including foreclosure or Deed in Lieu. iii. Home is no longer primary residence or is leased or rented. If any of these occur, the outstanding balance will be due and payable. The County reserves the right to foreclose if the homeowner does not repay the loan as noted above. If the home is foreclosed on by a superior mortgage holder, the County may try to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. 11 0 Co er County 2019/2020,2020/2021,2021/2022,LHAP 6. Recipient Selection Criteria: Applicants will be ranked for assistance based on first- qualified, first-served basis with the priorities for Special Needs, Essential Services Personnel, income groups as described in section 1. of this plan. An applicant may submit a completed application for Housing assistance to the County for a determination of eligibility at any time. Applicants are required to provide all documentation requested for income, eligibility, and qualification determination. Funds will be reserved and awarded to applicants that have met all the County requirements, are SHIP Income Certified, and have a mortgage loan pre-approval from a participating Lender prior to applying. Applicants must attend a HUD approved Homebuyer Education Program and provide a copy of the certificate to the Division prior to closing on a home. The certificate must be dated within one year of income certification date. Verification of US Citizenship or Permanent Residency Status: All borrowers must submit proof of U.S. citizenship or US Permanent residency. Asset Cap or liquid Assets: All beneficiaries will be limited to a cash or liquid asset of $30,000.00 upon completion of their assistance. This asset cap applies to all SHIP strategies. However, the Board of County Commissioners will have the authority to suspend the asset cap/liquid assets in determining income qualifications during recovery from a declared disaster. 7. Sponsor/Sub-recipient Selection Criteria: N/A 8. Additional Information: Applicants must secure a first mortgage from a licensed mortgage lender. Other requirements: a. Manufactured homes constructed June 1994 forward are considered eligible housing pursuant to Section 420.9071 (8), Florida Statute. b. First mortgage must be at a fixed rate; no ARM's, prepayment penalty, negative amortizations, balloon loan, owner financing or other non- affordable loan terms are allowed. c. A newly constructed home must have received a Certificate of Occupancy within the twelve months prior to purchase. An existing home with at least $2,500 in rehabilitation completed within the last twelve months or within 12 months after purchase may be considered to meet the construction set aside requirement as evidenced by documentation of the completed repairs. A manufactured home must be in place with all site requirements met and a valid certificate of occupancy. Funding, which is provided as a subordinate mortgage loan, may be used for down payment, closing costs and principle buy-down as needed for affordable home ownership. 12 0 Collier Co : story 2019/2020,2020/2021,2021/2022,LHAP d. Refinance may be allowed in accordance with the published "Subordination Policy". C. Disaster Mitigation Code 5 1. Summary: The Disaster Strategy provides cost reimbursement assistance to owner- occupied households (single family, multi-family and mobile/manufactured homes) in incorporated or unincorporated Collier County following a disaster as declared by the President of the United States or Governor of the State of Florida. This strategy will only be implemented using any funds that have not yet been encumbered or additional disaster funds issued by Florida Housing Finance Corporation. Also, this may be awarded along with Owner-Occupied Rehabilitation Programs and any other LHAP strategy that is deemed necessary. SHIP disaster funds may be used for items such as, but not limited to: • Tree and debris removal to make individual housing units habitable; • Interim repairs to avoid further damage to a home; • Emergency supplies to weather proof damaged home; • Building permits; • Post disaster assistance with non-insured repairs; • Insurance deductibles; • Expenses to prevent flooding of home such as sand bags,sand, pump, rental,etc.; • Construction of wells or repairs of existing wells where public water is not available; • Immediate threats to health and safety (sewage, damaged windows, roofing) in cases where the home is still habitable; • Imminent residual damage to the home(such as damage caused by a leaking roof) in cases where the home is still habitable; • Repairs necessary to make the home habitable; • Repairs to mitigate dangerous situations (exposed wires). 2. Fiscal Years Covered: 2019-2020, 2020-2021, 2021-2022 3. Income Categories to be served: Extremely low/Very low, low and moderate 4. Maximum award: $25,000. (Up to $15,000 for repairs and up to $10,000 for relocation expenses) The maximum award for other strategies used in conjunction with this strategy will be determined by the other strategy and may be in addition to the maximum award for this strategy. 5. Terms: a. Grant: Funds will be awarded as a grant with no recapture terms.The terms of an award under the other strategies, if used in conjunction, will apply to the other strategies. b. Interest Rate: N/A 13 er Comity 2019/2020,2020/2021,2021/2022,LHAP c. Years in loan term: N/A d. Forgiveness: N/A e. Default: N/A 6. Recipient Selection Criteria: Applicants will be assisted on a first-qualified, first- served basis with the following additional requirements: a. Must provide proof of homeowner's insurance or attestation of no insurance. b. If applicable, must file a claim for and use proceeds from insurance and/or FEMA as first option. c. Must complete an FHFC approved "disaster self-declaration of income" form, if applicable.Where the unit and land are owned by the same person,the unit assisted must be owner-occupied and, have applied for, or already be homesteaded as the primary residence. Owner-occupied manufactured home owners renting their lot may also apply for assistance. d. Verification of US Citizenship or Permanent Residency Status: All borrowers must submit proof of U.S. citizenship or US Permanent residency. e. Primary Residence: Documentation used for verification of primary residence includes, but is not limited to: homestead exemption, utility bill(s), or driver's license. 7. Sponsor Selection Criteria: N/A 8. Additional Information: Homeowners are required to submit proper invoices and receipts to receive reimbursement for incurred expenses because of the declared disaster, proof of insurance deductible and proof of FEMA funds,as appropriate. Manufactured homes constructed June 1994 forward are considered eligible housing pursuant to Section 420.9071 (8), Florida Statute. Homeowners will need to provide documentation to demonstrate a relationship to the declared disaster. The County reserves the right to inspect for compliance prior to reimbursement. D. Rental Development Code 21 1. Summary: Funds will be awarded to developers of affordable rental units for construction financing through other state or federal housing programs to construct affordable rental units in incorporated or unincorporated Collier County. This funding is intended to be used as gap financing required for the project. In cases where a smaller development(less than 50 units)is being proposed that includes Special Needs units,the County may choose to provide a larger amount of the overall construction financing. 14 Co or County 2019/2020,2020/2021,2021/2022, LHAP 2. Fiscal Years Covered: 2019-2020, 2020-2021, 2021-2022 3. Income Categories to be served: Extremely low/Very low, low and moderate 4. Maximum award: $50,000 for match contribution per developer whose application is approved through the Florida Housing Finance Corporation for low-income housing tax credits. $100,000 per development under 50 units $150,000 per development with 50 units or less, that includes at least 20%Special Needs units. $200,000 per development with over 50 units 5. Terms: a. Repayment loan/grant: For-profit developers, funds will be awarded as a loan secured by a recorded subordinate mortgage and note. For non-profit developers,funds will be awarded as a forgivable loan secured by a recorded subordinate mortgage and note. b. Interest Rate: 0% c. Years in loan term: 20 years d. Repayment: Monthly payments are not required. d. Forgiveness: i. For for-profit developers, the loan is due and payable at the end of the term unless the County negotiates an extended loan term to secure affordable rental units in the best interest of the County's residents. ii. For Non-profit developers, the loan is forgiven on a prorated basis beginning in year six (6) of the twenty (20) year term so that 10%of the loan is forgiven annually from years six through fifteen. e. Default: For all awards, the outstanding balance will be due and payable and a default will be determined if any of the following occurs: i. Sale; if proceeds are not enough to pay off the mortgage note then the property owner (not-for-profit or for profit) may contact the county regarding a settlement amount of the SHIP loan. ii. Title transfer, either voluntary or by operation of law, divested of title by judicial sale, levy or other proceedings, including foreclosure or Deed in 15 (.743 er County 2019/2020, 2020/2021,2021/2022,LHAP Lieu. iii. Refinance: a refinance of the first mortgage may be approved without repayment if the request is submitted in writing and the refinance is at a lower fixed rate and/or term with no cash out. iv. Property will no longer serve the intended target population. Repaid funds are considered program income, a portion of which may be used for program administration. 6. Tenant Selection Criteria: All applicants for residence in a SHIP-assisted unit must meet income qualifications of the program as determined and reported by the developer's management company for the development and will be served on a first-qualified basis. 7. Sponsor Selection Criteria: Sponsors will apply to the County through an application or solicitation process. The application/Solicitation will require proof of developer experience in providing affordable rental housing, proof of financial capacity, evidence of site control (or contract for sale), proof of ability to proceed once all funding is closed, and a housing unit design plan that meets with the County's housing element in the Comprehensive Plan. The County reserves the right to select developments that have met all the above requirements and: a. Are in areas of immediate need due to lack of available units. b. Propose to preserve and improve existing units. All funding awards will be subject to closing on other funding sources. 8. Additional Information: a. Sponsors will be required to meet compliance reporting requirements on the development necessary to meet the statutory requirements for monitoring of SHIP rental units. E. Rental Rehabilitation Code 14 1. Summary: The program is designed to rehabilitate rental units in Collier County. Loans will be given to non-profit/for profit housing landlords/owners who have site control and ownership of the properties to rehabilitate existing single family, multifamily, or mobile/manufactured rental units on scattered sites or a rental complex. Assistance may be provided for large projects involving the repair of multiple rental units. 2. Fiscal Years Covered: 2019-2020, 2020-2021, 2021-2022 3. Income Categories to be served: Extremely low,Very low, low and moderate 16 C of fer County 2019/2020,2020/2021,2021/2022,LHAP 4. Maximum award: $500,000 per property. Maximum per unit award amount is$30,000. 5. Terms: a. Repayment loan/grant: Funds will be made available by loans secured by a subordinate mortgage placed on the property rehabilitated. b. Interest Rate: 0% c. Years in loan term: 20 years d. Repayment: Monthly payments are not required. d. Forgiveness: If all conditions of the load are met the loan is forgiven at the end of the 20th year. e. Default: Loan default will be triggered by any of the following actions: Sale- if proceeds are not enough to pay off the mortgage note then the property owner (not-for-profit or for profit or landlord) may contact the county regarding a settlement amount of the SHIP loan. Title transfer- either voluntary or by operation of law,divested of title by judicial sale, levy or other proceedings, including foreclosure or Deed in Lieu. Refinance- a refinance of the first mortgage may be approved without repayment if the request is submitted in writing and the refinance is at a lower fixed rate and/or term with no cash out. Change in use-Property no longer serves the intended population. f. Resale and First Right of Refusal for affordable Housing will be given to Eligible Sponsors as noted in Section 420.9075(4)(f) Florida Statutes. 6. Tenant Selection Criteria: Units receiving assistance must be reserved on a first-qualified, first-served basis for income eligible residents. 7. Sponsor Selection Criteria: Non-profit/for-profit housing sponsors or landlords will be evaluated using established evaluation and selection criteria. CHS staff will evaluate each application submitted. In the initial phase staff will review the application for general conformance with the submission requirements. The evaluation phase will consist of an in-depth review of the following: • Compliance with SHIP regulations • Project risk analysis • Financial risk analysis 17 Co er County 2019/2020,2020/2021,2021/2022, LHAP • Capacity and experience • Project feasibility • Adherence to SHIP eligibilities/requirements • Past performance evaluation 8. Additional Information: Once the improvements are completed, the sponsor/ landlord shall ensure all eligible tenants will be income qualified that must occupy the units on subject property during the twenty (20) year loan term. Individual tenants seeking repairs on their individual rental units may not directly apply for assistance from this strategy.The SHIP funds used in the rehabilitation rental program may be leveraged by public and private sources. F. Rental Acquisition Code 20 1. Summary:The program is designed to acquire rental units within Collier County. 2. Fiscal Years Covered: 2019-2020, 2020-2021, 2021-2022 3. Income Categories to be served: Extremely low, Very low, low and moderate 4. Maximum award: $300,000 per property. 5. Terms: a. Repayment loan/grant: Funds will be made available by loans secured by a subordinate mortgage placed on the property acquired. b. Interest Rate: 0% c. Years in loan term: 20 years d. Repayment: Monthly payments are not required. e. Forgiveness: If all conditions of the loan are met, then the loan is forgiven after 20 years. f. Default: Repayment of the loan is required in full under the following conditions: i. Sale; if proceeds are not enough to pay off the promissory note then the property owner (non-profit or for-profit) may contact the County regarding a settlement amount of the SHIP loan. ii. Title transfer, either voluntarily or by operation of law,divested of title by judicial sale, levy or other proceedings, including foreclosure or Deed in Lieu. 18 *er County 2019/2020,2020/2021,2021/2022,LHAP iii. Refinance;a refinance of the first mortgage may be approved without repayment if the request is submitted in writing and the refinance is at a lower fixed rate and/or term, with no cash out iv. Property will no longer serve the intended target population. 6. Tenant Selection Criteria:Tenants will be selected on a first-qualified, first-served basis. 7. Sponsor Selection Criteria: Non-profit/for profit housing sponsors will be evaluated using established evaluation and selection criteria. CHS staff will evaluate each application submitted. In the initial phase staff will review the application for general conformance with the submission requirements. The evaluation phase will consist of an in-depth review of the following: • Compliance with SHIP regulations • Project risk analysis • Financial risk analysis • Capacity and experience • Project feasibility • Adherence to SHIP eligibilities/requirements • Past performance evaluation 8. Additional Information: Once the acquisition is completed, the sponsor shall ensure all eligible tenants will be income qualified on an annual basis must occupy the units on subject property during the twenty-year loan term. G. New Construction Assistance Code 10 1. Summary: SHIP funds may be provided to organizations to be used for the land acquisition, infrastructure and development costs, and all associated fees and permits, for single- family housing for resale to eligible home buyers in incorporated or unincorporated Collier County.The units may be constructed on infill lots or as a part of a larger development. 2. Fiscal Years Covered: 2019-2020, 2020-2021, 2021-2022 3. Income Categories to be served: Extremely low, Very low, low and moderate 4. Maximum award: $50,000/unit 5. Terms: Terms for the Sponsor: a. Repayment loan/grant: Deferred Loan secured by a note and mortgage 19 0 Co er Co€ nt, ' 2019/2020,2020/2021,2021/2022, LHAP b. Interest Rate: 0% c.Years in loan term for Sponsor: 2 years. d. Repayment: No monthly payments are required. e. Default: If the property has not been successfully sold to an income qualified buyer within 2 years of the date the mortgage and promissory note are entered, the entire amount is due and payable to the County. f. Forgiveness:The Sponsor's obligation is forgiven upon successful sale of the unit to an eligible homebuyer with the benefit being passed to the buyer in the form of a reduced sales price or a seller's credit. Terms for the Eligible Homebuyer: a. Repayment loan/grant: Deferred Loan secured by a note and mortgage The County will require the sponsor to transfer their promissory note and mortgage to the eligible home buyer in favor of the County at the time of sale to an income eligible homebuyer. b. Interest Rate:0% c.Years in loan term for Homebuyer: Fifteen 15 years d. Payments: No monthly payments are required. e. Default: The loan may be determined to be in default and repayment of the loan is required in full when one of the following conditions is met, whichever occurs first: i. Sale- if proceeds are not enough to pay off the mortgage note then the homeowner may contact the County regarding a settlement amount of the SHIP loan ii. Title transfer-either voluntary or by operation of law, divested of title by judicial sale, levy or other proceedings, including foreclosure or Deed in Lieu. iii. Home is no longer primary residence or is leased or rented. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan will be forgiven. iv. If the home is foreclosed on by a superior mortgage holder, the county may try to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. 20 Cofer COleilltY 2019/2020,2020/2021,2021/2022,LHAP The county reserves the right to foreclose if the homeowner does not repay the loan as noted above. f. Forgiveness: If all conditions of the loan are met, then the loan is forgiven after 15 years. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan will be forgiven. 6. Recipient Selection Criteria: a. Home Buyer Selection Criteria- Sponsor shall identify applicants and provide the Application intake and income certification of households applying for Construction Assistance, as specified in their agreement with the County. Applicants will be ranked for assistance based on a first-qualified, first-served basis with the priorities for Special Needs, Essential Service Personnel and income group as described in Section I. Applicants must complete a HUD approved Homebuyer Education Program and provide a copy of the certification to the Sponsor prior to closing on a property. The certificate must be dated prior to the SHIP award date and be good through closing. Verification of US Citizenship or Permanent Residency Status: All borrowers must submit proof of U.S. citizenship or US Permanent residency. Asset Cap or liquid Assets: All beneficiaries will be limited to a cash or liquid asset of$30,000.00 upon completion of their down payment and closing costs assistance, rehabilitation and other approved strategies. However, the Board of County Commissioners will have the authority to suspend the asset cap/liquid assets in determining income qualifications during recovery from a declared disaster. b. Sponsor Selection Criteria—The County will issue notice of an ongoing Application for Construction Assistance from non-profit/for profit organizations. Sponsor organizations must apply and provide any related information, specified by the SHIP Administrator, to be used for evaluation of sponsor eligibility. CHS staff will evaluate each application submitted. In the initial phase, staff will review the application for general conformance with the submission requirements. The evaluation phase will consist of an in- depth review of the following: 21 GQ' er County 2019/2020,2020/2021,2021/2022,LHAP • Compliance with SHIP regulations • Project risk analysis • Financial risk analysis • Capacity and experience • Project feasibility • Adherence to SHIP eligibilities/requirements • Past performance evaluation H. Demolition and Replacement of Site Built or Code 4 Manufactured Homes 1. Summary: SHIP funds will be awarded to homeowners in need of demolition and replacement of housing. The County may use SHIP funds for demolition and replacement of site built or manufactured housing. This strategy will be used in lieu of rehabilitation when cost to repair the home are determined be more than 50% of the home's value, as determined by the County. The goal is to prevent the imminent displacement of homeowner's due to distressed conditions, encourage revitalization and increase the supply of safe, decent and sanitary housing. The property site must be suitable for demolition/replacement. Loans for assistance may include costs related to all eligible demolition activities, removal, permits, transportation, inspections by the sponsor, work write-ups, sales tax, recording fees and project delivery fees. Additional SHIP funds can be used to bring building site and improvements up to Local, State, and Federal requirements, Homeowner's Association by-laws, and/or to adequately replace the amenities of the existing home. These additional site improvements may include, but are not limited to geotechnical surveys, engineering, concrete pilings/piers, septic system improvements,fill, driveways, storage sheds and any other requirements as noted above. 2. Fiscal Years Covered: 2019-2020, 2020-2021, 2021-2022 3. Income Categories to be served: Extremely low,Very low, low and Moderate 4. Maximum award: $160,000. (Up to $150,000 for construction, plus up to $10,000 for relocation expenses) 5. Terms: a. Repayment loan/grant: Deferred Loan secured by a note and title lien, and a mortgage, if applicable. Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note,or if the unit is on leased land, a security instrument in accordance with the Florida Department of Motor 22 cork r County 2019/2020,2020/2021,2021/2022, LHAP Vehicle will be recorded. b. Interest Rate: 0% c. Years in loan term: 15 years. d. Forgiveness: If all conditions of the loan are met, one-third of the loan will be forgiven in five-year increments so that at the end of the fifteenth year the loan is forgiven. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan will be forgiven. e.Repayment: Monthly payments are not required. f. Default: The loan will be determined to be in default if any of the following occurs during the Loan term: i. Sale, if proceeds are not enough to pay off the mortgage note then the property owner may contact the County regarding a settlement amount of the SHIP loan in accordance with the "Short Sale Policy". ii.Title transfer, either voluntary or by operation of law, divested of title by judicial sale, levy or other proceedings, including foreclosure or Deed in Lieu. iii. Refinance, may be allowed in accordance with the published "Subordination Policy". iv. Home is no longer primary residence, abandoned, leased or rented. 6. Recipient Selection Criteria: Applicants will be ranked for assistance based on a first- qualified, first-served basis with the priorities for Special Needs, Essential Services Personnel, income groups as described in Section 1. of this plan. An applicant shall submit a completed application for Housing assistance to the County for a determination of eligibility at any time. Applicants are required to provide all documentation requested for income, eligibility, and qualification determination. For mobile/manufactured homes not located on a leased or rental land, ownership must be a fee simple estate at the time of closing with the name of the applicants on the title. Property taxes must be current at the time of application and closing. Delinquent property taxes are a basis for denial. The value after replacement may not exceed the SHIP maximum allowable purchase price for existing homes. 23 `. er Cou.nty 2019/2020,2020/2021,2021/2022,LHAP The replacement housing shall be consistent with the character of the household, neighborhood and area wide market conditions. The homeowner may choose the most suitable replacement housing to meet their needs. The existing home must be damaged or in disrepair to the extent that the home is condemned,or repair is not economically feasible as determined by FEMA,Collier County Growth Department, the Department of Health or the County's third-party inspector/general contractor. Must provide proof of homeowner's insurance or attestation of no insurance. If applicable, must file a claim for and use proceeds from insurance and/or FEMA as first option. Must complete an FHFC approved "disaster self-declaration of income" form, if applicable. Where the unit and land are owned by the same person,the unit assisted must be owner- occupied and, have applied for, or already be homesteaded as the primary residence. Owner-occupied manufactured home owners renting their lot may also apply for assistance. Verification of US Citizenship or Permanent Residency Status: All borrowers must submit proof of U.S. citizenship or US Permanent residency. Asset Cap or liquid Assets: All beneficiaries will be limited to a cash or liquid asset of $30,000.00 upon completion of their down payment and closing costs assistance, rehabilitation and other approved strategies. This asset cap applies to all SHIP strategies. However,the Board of County Commissioners will have the authority to suspend the asset cap/liquid assets in determining income qualifications during recovery from a declared disaster. Primary Residence: Documentation used for verification of primary residence includes, but is not limited to: homestead exemption, utility bill(s), or driver's license. 7. Sponsor Selection Criteria: N/A 8. Additional Information: N/A 2 4 (3-1- Cc/kr County 2019/2020,2020/2021,2021/2022,LHAP Section III. LHAP Incentive Strategies In addition to the required Incentive Strategy A and Strategy B, include all adopted incentives with the policies and procedures used for implementation as provided in Section 420.9076, F.S.: A. Expedited Permitting Permits as defined in s. 163.3177 (6) (f) (3) for affordable housing projects are expedited to a greater degree than other projects. Provide a description of the procedures used to implement this strategy:The Collier County Board of County Commissioners approved an AHAC recommended Incentive Strategy to expedite the development review process for qualified affordable workforce housing. Initially, a qualification meeting is called with the developer and staff to determine if the project meets the affordable housing requirements. Those projects that demonstrate compliance are issued a certificate to allow the expedited review process for all development orders. Planning and Zoning will provide expedited status by assisting these developments first throughout the process from application through Certificate of Occupancy. B. Ongoing Review Process An ongoing process for review of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption. Provide a description of the procedures used to implement this strategy: Collier County requires all items which have the potential to increase the cost of housing to be prepared and presented to the Collier County Board of County Commissioners with the amount of the increase or decrease mentioned in the executive summary.The executive summary must be prepared in official format and include a description of the Growth Management Impact and the Fiscal Impact to the County. The process, by which items are prepared for the BCC Agenda includes a vast approval hierarchy to ensure that all proposed actions impacting affordable housing are reviewed on an ongoing basis. Furthermore, the Collier County Affordable Housing Advisory Committee (AHAC) regularly forms subcommittees to review impediments to affordable housing, as well as new affordable housing incentives. C. Other Incentive Strategies Adopted: 1. Increased Density for Affordable Housing — Collier County allows developers to request increased density when including a certain percentage of affordable housing in the proposed development. An Affordable Housing Density Bonus Agreement must be submitted and approved by the Collier County Board of County Commissioners as provided for in the Collier County Land Development Code, § 2.06.00. 2. Inventory of Locally Owned Public Lands Suitable for Affordable Housing. 25 Co*:r Comity 2019/2020,2020/2021,2021/2022, LHAP Collier County prepares an inventory of all real property owned by Collier County that may be appropriate for use as affordable housing in accordance with Sec. 125.379 F.S. every three years. The Collier County Board of County Commissioners approved an AHAC recommended Incentive Strategy to permit properties identified as appropriate for use as affordable housing to be offered for sale and the proceeds used to purchase land for the development of affordable housing or to increase the local government fund earmarked for affordable housing, or may be sold with a restriction that requires the development of the property as permanent affordable housing, or may be donated to a nonprofit housing organization for the construction of permanent affordable housing. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. B. Timeline for Estimated Encumbrance and Expenditure. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the plan. D. Signed LHAP Certification. E. Signed, dated, witnessed or attested adopting resolution. F. Ordinance: (If changed from the original creating ordinance). G. Interlocal Agreement. H. Short Sale Policy I. 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