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Agenda 07/22/2008 Item #16D 6Agenda Item No. 161D6 July 22, 2008 Page 1 of 46 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Resolution amending the State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (LHAP) for Fiscal Years 2007 -2008, 2008 -2009 and 2009 -2010, to allocate SHIP assistance to a non - profit or for -profit housing developer to acquire and rehabilitate eligible existing dwelling units. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes its Chairman to sign, the attached Resolution amending the Local Housing Assistance Plan (LHAP) for Fiscal Years 2007 -2008, 2008 -2009 and 2009 - 2010, to make SHIP funding available to a non - profit or for - profit housing developer to acquire and rehabilitate eligible existing dwelling units. CONSIDERATIONS: On July 7, 1992, the William E. Sadowski Affordable Housing Act was signed into law to provide additional funding to local communities, through a documentary stamp tax on real estate transactions, to promote affordable housing. Under the SHIP program, Collier County and the City of Naples receive funds from the State of Florida to provide initiatives to expand affordable housing opportunities. As part of the program, the County is required to have a three -year LHAP identifying the strategies that will be implemented to address affordable housing needs. By Resolution No. 2007 -96, the Board adopted the LHAP for Fiscal Years 2007 -2008, 2008 -2009 and 2009 -2010 as required by the Florida Housing Finance Corporation. The attached amendment will allow Collier County to utilize SHIP funds to enable a non -profit or for -profit housing developer to acquire and rehabilitate existing dwelling units. These changes are shown in the attached underline- strikethrough version of the LHAP. This Resolution implements the LHAP as amended. These changes have already been approved as a technical revision by the Florida Housing Finance Corporation. The changes to this strategy are consistent with the Board of County Commissioners recent direction on April 22, 2008 to fund rehabilitation and purchase of foreclosures and existing properties as opposed to funding housing development. FISCAL IMPACT: In FY 2008 -2009, the SHIP program will receive approximately $2,900,000 from the Florida Housing Finance Corporation. This LHAP will serve as a guideline for the use of all SHIP funds during the three -year period 2008 -2010. GROWTH MANAGEMENT IMPACT: The LHAP will allow the County to expand affordable housing opportunities for its citizens and further the goals of the Housing Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The proposed Resolution and LHAP amendment have been reviewed by the County Attorney's Office and is legally sufficient for Board action. - CMG STAFF RECOMMENDATION: That the Board approves an amendment to the Local Housing Assistance Plan (LHAP) for Fiscal Years 2007 -2008, 2008 -2009 and 2009 -2010, to allow SHIP assistance when funds are allocated to a non - profit or for - profit housing developer to acquire and rehabilitate eligible existing dwelling units. PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services Agenda Item No. 161D6 July 22, 2008 Page 2 of 46 RESOLUTION NO. 2008- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2007 -2008, 2008 -2009, AND 2009 -2010; UPDATING PURCHASE ASSISTANCE STRATEGY: AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida State Legislature enacted the William E. Sadowski Affordable Housing Act on July 7, 1992 (the "Act'), Section 420.907, et seq., Florida Statutes, and Chapter 91 -37, Florida Administrative Code, as a comprehensive funding package for state and local housing programs to better enable local governments to meet their responsibilities for affordable housing in accordance with their comprehensive plans; and WHEREAS, pursuant to the Act, the State will allocate a portion of new and existing documentary stamp taxes on deeds to local governments for development and maintenance of affordable housing; and WHEREAS, the Board of County Commissioners of Collier County, Florida, enacted Collier County Ordinance No. 93 -19 on April 13, 1993, codified as Article III of Chapter 114 of the Collier County Code of Laws and Ordinances, known as the Collier County Housing Initiatives Partnership (SHIP) Program; and WHEREAS, through Resolution No. 2007 -96, the Board of County Commissioners adopted a three year Local Housing Assistance Plan (LHAP) outlining the intended use of SHIP funds for fiscal years 2007 -2008, 2008 -2009, and 2009 -2010. NOW, THEREFORE, be it resolved by the Board of County Commissioners of Collier County, Florida, that the Collier County and City of Naples, FL State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) for the State of Florida Fiscal Years 2007 -2008, 2008 -2009, and 2009 -2010, a copy of which is attached to this Resolution, is hereby amended as set forth in such attachment. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its approval, and that it be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this 22nd day of July, 2008. Pagel oft Agenda Item No. 161D6 July 22, 2008 Page 3 of 46 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY FLORIDA 0 M , Deputy Clerk TOM HENNING, CHAIRMAN Approved as to legal form and sufficiency: Colleen Greene Assistant County Attorney Page 2 of 2 Agenda Item No. 16D6 July 22, 2008 Page 4 of 46 COLLIER COUNTY, FLORIDA and the CITY OF NAPLES, FL SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) FOR THE STATE OF FLORIDA FISCAL YEARS FY2007 -081 2008 -09, 2009 -10 Prepared by the Collier County Housing and Human Services Department Public Services Division 3050 North Horseshoe Drive Suite 110 Naples, FL 34104 (239) 403 -2330 www.colliergov.net April 2007 - 1 - I. II. III. IV TABLE OF CONTENTS Program Description Purchase Price and Income Limits Definitions Affordable Housing Strategies Purchase Assistance Owner Occupied Rehabilitation 6-*FA Acquisition - Rehabilitation / and New Construction Demolition with New Construction Special Needs Housing Rental Housing Rehabilitation Disaster Relief Relocation Assistance Homebuyer Education Housing Incentive Strategies Exhibits Administrative Budget Exhibit A Timeline Exhibit B Housing Delivery Goals Exhibit C Certification Exhibit D County Resolution Exhibit E Program Information Exhibit F Ordinance (if applicable) Exhibit G Not Applicable Interlocal Agreement Exhibit H April 2007 Agenda Item No. 161D6 July 22, 2008 Page 5 of 46 - 2 - 3 5 7 8 8 9 10 11 12 13 15 16 16 18 20 Agenda Item No. 16D6 July 22, 2008 Page 6 of 46 L PROGRAM DESCRIPTION Chapter 67- 37.005 F.A.C. and section 420.9072, F.S. A. Name of the participating local government and Interlocal if Applicable: Section 420.9072(5),F.S. Collier County Government Interlocal : Yes XX No Name of participating local government(s) in the Interlocal Agreement: City of Naples A copy of the Interlocal Agreement is attached as Exhibit H. B. Purpose of the program: section 420.9072, F.S. and Chapter 67- 37.005, F.A.C. Creation of the Plan is for the purpose of meeting 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: Chapter 67- 3Z002,F.A.C. X 2007/2008 X 2008/2009 X 2009/2010 D. Governance: Chapter 67- 37.005,F.A.C. and Section 420.9071,F.S. The SHIP Program is established in accordance with Section 420.907 -9079, Florida Statutes and Chapter 67- 37.007 Florida Administrative Code. The SHIP Program does further the housing element of the Collier County and City of Naples Comprehensive Plans. Cities and Counties must be in compliance with these applicable statutes and rules. E. Local Housing Partnership Section 420.9072, F.S. SHIP Program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low - income persons and community groups. Some of the active partners in Collier County include: Affordable Housing Commission Collier Building Industry Association Collier County Loan Consortium Habitat for Humanity of Collier County April 2007 - 3 - Agenda Item No. 161D6 July 22, 2008 Page 7 of 46 Collier County Housing Authority Collier County Hunger & Homeless Coalition Collier County Housing Development Corporation Empowerment Alliance of Southwest Florida St. Matthew's House and Wolfe Apartments Shelter for Abused Women & Children Immokalee Friendship House Immokalee Non -Profit Housing IHOPE One by One F. Leveraging: Chapter 67- 37.007, F.A.C. and Ssection 420.9075, F.S. 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: Chapter 67- 37.005, FA.C. Public input is an on -going process and is solicited throughout the year. Public input is obtained through face to face meetings with a variety of housing providers, social service providers, public advisory committees, local lenders, housing advocates and neighborhood associations. Public input was solicited through the local newspaper in the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability. H. Advertising and Outreach: Chapter 67- 37.005, F.A.C. Collier County shall advertise the notice of funding availability 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. Advertisements are placed in the Naples Daily News and the Immokalee Bulletin. I. Discrimination: Section 420.9075, F.S. In accordance with the provisions of ss.760.20- 760.37, it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. J. Support Services and Counseling: Chapter 67- 37.005,F.A.C. 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 information and referrals. April 2007 - 4 - Agenda Item No. 16D6 July 22, 2008 Page 8 of 46 K. Purchase Price Limits: section 420.9075,F.S. and Chapter 67- 32.007(6)F.A.C. 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 average area purchase price established by the U.S. Treasury Department or as described above. The methodology used is: X Bond Study Numbers from FL Housing Finance Corp Independent Study (copy attached) U.S. Treasury Department Local HFA Numbers The purchase price limit for new and existing homes is shown on the Housing Delivery Goals Charts and shown below. Maximum Allowable Sales Price* $414,861.30 90% of Average Sales Price for Collier County Maximum Adopted Sales Price $300,000 65% of Average Sales Price for Collier County *Based on the 2006 Bond Study as provided by Florida Housing Finance Corporation L. Income Limits, Rent Limits and Affordability: Chapter 67- 37.005, F.A.C.. and Section 420.9071, F.S. The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. 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 as indicated in Sections 420.9071 (19), (20) and (28), F.S. 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. M. Welfare Transition Program: Chapter 67- 37.005(6)(@)(7)F.A.C. Should an eligible sponsor be used, Collier County has developed a qualification system and selection criteria for applications for Awards to eligible sponsors, which includes a description that demonstrates how eligible sponsors that employed personnel from the WAGES and Workforce Development Initiatives programs will be given preference in the selection process. April 2007 - 5 Agenda Item No. 16D6 July 22, 2008 Page 9 of 46 N. Monitoring and First Right of Refusal: section 420.9075, F.S. In the case of rental housing, the staff or 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 extent another governmental entity provides the same 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 $3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored annually for 15 years or the term of assistance which ever 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. O. Administrative Budget: Chapter 67- 37.005, Fn.C.. A detailed listing including line -item budget of proposed Administrative Expenditures is attached as Exhibit A. These are presented on an annual basis for each State fiscal year submitted. The Collier County Board of County Commissioners finds that the moneys deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. In accordance with Chapter 67 -37, Florida Administrative Code, the cost of administering the plan may not exceed 5 percent of the local housing distribution moneys and program income deposited into the trust fund, except; 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. 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. Collier County has adopted the finding allowing 10% of the funds to be used for administration as outlined in the attached resolution, Exhibit E April 2007 - 6 - Agenda Item No. 16D6 July 22, 2008 Page 10 of 46 P. Definitions: Essential Service Personnel (ESP): Those individuals employed 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, government employees, and employees associated with health, safety and welfare agencies within the county earning up to 140% of median and all other full time employees earning less than 80% of median income. Per F.S. 420.5095, local governments are authorized to use SHIP funds for persons or families whose total household income does not exceed 140% of the area median income, adjusted for household size, when funds are allocated to a development that has been awarded funds under the Community Workforce Housing Innovation Pilot Program (CWHIP). For all other SHIP funding, the maximum income level will be 120% of the area median income. Extremely Low Income (ELI): Individuals or a family whose total annual household income does not exceed 30% of the median annual adjusted gross income for Collier County as provided annually by HUD and/or the Florida Housing Finance Corporation. Very Low Income (VLI): Individuals or a family whose total annual household income does not exceed 50% of the median annual adjusted gross income for Collier County as provided annually by HUD and/or the Florida Housing Finance Low Income (LI): Individuals or a family whose total annual household income does not exceed 80 %.of the median annual adjusted gross income for Collier County as provided annually by HUD and/or the Florida Housing Finance Corporation. Moderate Income (Ml): Individuals or a family whose total annual household income does not exceed 120% of the median annual adjusted gross income for Collier County as provided annually by HUD and/or the Florida Housing Finance Program Income: The proceeds derived from interest earned on or investment of the local housing distribution and other funds deposited into the local housing assistance trust fiord, proceeds from loan repayments, recycled funds and all other income derived from use of funds deposited in the local housing assistance trust fund. Recaptured Funds: The funds that are recouped by a county or eligible municipality in accordance with the recapture provisions of its local housing assistance plan pursuant to s. April 2007 - 7 - Agenda Item No. 16D6 July 22, 2008 Page 11 of 46 420.9075(4)(g) from eligible persons or eligible sponsors who default on the terms of a grant award or loan award Q. Homebuyer Education & Counseling a. Provide opportunities for group and one on one homebuyer education and counseling to include at a minimum credit counseling, budgeting, mortgage options, homebuying process, foreclosure prevention, predatory lending, refinancing, home owner maintenance and other needed assistance. b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2007 -08, 2008 -09, and 2009 -10. C. Income Categories to be served: Homebuyer education and counseling will be available to all interested first time homebuyers. d. Maximum award is noted on the Housing Delivery Goals Charts: Maximum funding provided to a nonprofit sponsor(s) offering homebuyer education and counseling will not exceed $35,000 per year. e. Terms, Recapture and Default: All funds provided to a sponsor organization will be in the form of a grant and not subject to recapture. Recipient Selection Criteria: Homebuyer education and counseling workshops will be available to all interested first time homebuyers. g. Sponsor Selection Criteria: A non - profit housing provider wishing to receive a grant to provide homebuyer education and counseling will be evaluated competitively using established evaluation and selection criteria which include some of the following: Financial strength of the agency The ability ofthe organization to provide deliverables within the required timeline HUD Certification Frequency of classes and diversity of locations Education and experience of staff Training experience Leveraging of SHIP funds with other sources April 2007 - 8 - Agenda Item No. 16D6 July 22, 2008 Page 12 of 46 H. LHAP HOUSING STRATEGIES: Chapter 67- 37.005, F.A.C. A. Name of the Strategy: Purchase Assistance a. Summary of the Strategy: The Purchase Assistance Program assists first -time homebuyers by paying a portion of their down payment and closing cost expenses. Funds may also be used to cover a portion of permitting fees. Buyers of existing units are also eligible for additional emergency repair to the unit purchased. The program provides second mortgages to eligible applicants to assist in the purchase (and repair if applicable) of new or existing single - family homes, duplexes, condominiums, townhouses, or DCA approved manufactured homes. b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2007 -2008, 2008 -2009, and 2009 -2010. C. Income Categories to be served: Purchase assistance will be available primarily to low and very-low income applicants. However, a small portion of the funding allocation will be made available to moderate income, first -time homebuyers with incomes below 120% of median. Collier County may use SHIP Purchase Assistance funds for persons or families whose total household income does not exceed 140% of the area median income, adjusted for household size, when funds are allocated to a development that has been awarded funds under the Community Workforce Housing Innovation Pilot Program (CWHIP). d. Maximum award as noted on the Housing Delivery Goals Charts: $50,000 per unit. e. Terms of Repayment: All purchase assistance loans will be secured by second mortgages. The interest rate on the loans will be 0 %. No payment will be required until the property is sold, transferred, refinanced, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be repaid to Collier County's SHIP Local Housing Trust Fund. If homeowner dies prior to termination of the mortgage term, payment in full of all sums secured by the Security Instrument will be required. Repaid funds are considered program income, aportion of which may be used for program administration. Recipient Selection Criteria: Applications will be taken on a first- come /first- served basis from all applicants meeting the following selection criteria: The applicant must be a very low or low income first -time homebuyer. A first- April 2007 - 9 - Agenda Item No. 16D6 July 22, 2008 Page 13 of 46 time homebuyer is defined as any one of the following: not having ownership interest in a home during the past three years, a single parent with children under the age of 18 who has recently been divorced and displaced, a displaced victim of domestic violence, or a person displaced as the result of some governmental action. The home to be purchased must be located within the boundaries of Collier County, FL. The applicant must be pre- approved by the lender providing the first mortgage for the purchase. The purchase price of the home may not exceed the maximum sales price allowed in Collier County by the SHIP Program. g. Sponsor Selection Criteria: Not Applicable h. Additional Information: The purchase assistance program will partner the use of SHIP funds with private sector first mortgages to provide homeownership opportunities to low and very -low income first -time homebuyers in Collier County. B. Name of the Strategy: Owner- Occupied Rehabilitation a. Summary of the Strategy: The Owner - Occupied Rehabilitation program assists very-low and low income homeowners by providing loans to pay for necessary repairs. All identified repair work must include the correction of housing code violations and /or deferred maintenance. b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2007 -2008, 2008 -2009, and 2009 -2010. C. Income Categories to be served: This program will assist very-low and low income homeowners. d. Maximum award is noted on the Housing Delivery Goals Charts: $30,000 per unit. e. Terms of Repayment: All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0 %. Loans will be forgiven at a rate of 33.3% every five years. No payment will be required until the property is sold, transferred, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be repaid to Collier County's SHIP Local Housing Trust Fund. If homeowner dies within 5 years of recorded Security Instrument, payment in full of all sums secured will be required. If the Security Instrument has been recorded for more than 5 years on any prior participant, all sums secured will be forgiven if homeowner dies. Repaid funds are considered program income, a portion of which may be used for April 2007 - 10 - Agenda Item No. 161D6 July 22, 2008 Page 14 of 46 program administration. Recipient Selection Criteria: Applications will be taken on a first -come/ first served basis. Loans will be given to very-low and low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. g. Sponsor Selection Criteria: Not Applicable h. Additional Information: In cases where the cost of repair exceeds the maximum award available to the borrower, SHIP funds will be leveraged by the homeowner's own funds, CDBG funds, HOME funds, or other alternative sources. C. Name of the Strategy: Land Acquisition- Rehabilitation and/or-/New Construction a. Summary of the Strategy: The Land Acquisition- Rehabilitation/New Construction program is designed to facilitate the acquisition of vacant land or existing homes which will be developed for affordable housing by offering loans to non - profit and for profit housing providers to acquire vacant land for new construction or existing homes. Eligible homes include existing single- family homes, condominiums, townhouses, or DCA approved manufactured homes. sueh _ land and ee nstFae* new a&fdable ........:.... tmit, Collier County may also use this program to purchase land to be used for affordable housing. Land Acquisition does not permit land banking. b. Fiscal Years Covered: This strategy will be funded in State Fiscal Years 2007 -08, 2008 -09, and 2009 -10. C. Income Categories to be served: The primary focus will be eventual beneficiaries who are low or very-low income. However, this program will also consider requests for mixed income affordable housing to serve a portion of its residents up to 120% of median income. d. Maximum award is noted on the Housing Delivery Goals Charts: shall not exceed $23;004-$50,000 per unit. the GaufAy. Loans Will be given for a maxifflun; - en leaftswill range ffem 01,; te 5%, and will be based en faeters ineluding: need of the afgap�za4ien, the afgaaii�atien's ability to repay, and fien pra& or p April 2007 - 11 - Agenda Item No. 161D6 July 22, 2008 Page 15 of 46 or for pre fit ha using (` provider, Collier- suet. will seek lake kind Organization «plate °r^a.le ager a4l hatising All loans will be secured by second mortgages. The interest rate on the loans will be 0 %. If the new buyer is income eligible for the program, the mortgage may be assumed so lone as all other SHIP requirements are met. Repayment will be required when the property is sold transferred, refinanced, or is no longer the primary residence of the homebuver. At that time the balance of the loan will be repaid to Collier County's SHIP Local Housing Trust Fund. If homeowner dies prior to termination of the mortgage term, payment in full of all sums secured by the Security Instrument will be required. Shared equity second mortgages will be acceptable if approved by Collier Countv in advance. Repaid funds are considered program income, a portion of which may be used for program administration. Recipient Selection Criteria: Sponsors will income qualify applicants in accordance with SHIP regulations. Income qualified recipients will be selected on a First - come /first -serve basis. g. Sponsor Selection Criteria: A non - profit or for profit housing provider wishing to «eeeive land geeuisit:,.« will be evaluated competitively using established evaluation and selection criteria. , . iph inpludes ° of the rep,....:«b' ,.. Finaneial s4eagth er Ake .. b be The ability of 4.e r,. ,. «. «lete the ,le..el,. «...e «t ...:44:44 the t'.« el: ixxicrrnc°S ThR .le«.,.n..t«nte.l e eit.. of the s ai,44eyelape« T ......be« e f unit. rOdueed per QUID dell..« spent Leveraging of SHP I R. «A...yith ..4,e« ......«,.es b D«e f «enee ..:11 be g a to e -...tiers.. n..«ti. ipating in 4.e lVel f «e Tramsit P«,.,. «affi a..d M'Orkf pee lle. elepme«t ««,., ra ffis per Chapter- 67 37.005(6) (1.) (7) F.A.G. It. Additional Information: The SHIP funds used in the land acquisition - rehabilitation/new construction program must may be leveraged by multiple public and private sources. The non - profit or for profit developer receiving these loans will construct housing using a combination of State, Federal and private sector funding. This competitive application program must benefit primarily very low and low income residents but can provide assistance to some households earning between 80% -120% of median income. An eligible apgkeatien applicant must occupy affordable housing on subject property within the expenditure timeline as set by statute and rule. April 2007 - 12 - Agenda Item No. 16D6 July 22, 2008 Page 16 of 46 D. Name of the Strategy: Demolition with New Construction a. Summary of the Strategy: A nonprofit housing provider may receive a deferred payment loan to pay for the demolition and replacement of substandard housing found not to be cost effective or possible to rehabilitate for low and very-low income homeowners. The construction of a new home or installation of a modular home built to DCA code will occur after demolition and clearance. b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2007 -08, 2008 -09, and 2009 -10. C. Income Categories to be served: Participants in this program must be low or very-low income. d. Maximum award is noted on the Housing Delivery Goals Charts: Deferred payment loan for demolition, clearance and new construction shall not exceed $250,000. e. Terms, Recapture and Default: All loans will be secured by a second mortgage payable to the County. Loans will be given for a maximum term of 3 years. The interest rate on the loans will be 0 %. Repayment will occur when the property is sold or transferred to the qualifying buyer, or is no longer used to provide housing for low and/or very-low income individuals. At that time the balance of the loan will be repaid to Collier County's SHIP Local Housing Trust Fund. In the event of default by non - profit housing provider, Collier County will seek like kind organization to complete eligible affordable housing. Repaid funds are considered program income, a portion of which may be used for program administration. f Recipient Selection Criteria: Applications will be taken on a first -come/ first served basis through the nonprofit sponsor. Loans will be given to very-low and low income homeowners /sponsoring agency. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. g. Sponsor Selection Criteria: A non - profit housing provider wishing to receive land acquisition with new construction funds will be evaluated competitively using established evaluation and selection criteria which includes some of the following: Financial strength of the agency The ability of the organization/developer to complete the development within the established timelines The capacity of the organization/developer The affordability of the product produced April 2007 - 13 - Agenda Item No. 16D6 July 22, 2008 Page 17 of 46 Neighborhood compatibility of the development Number of units produced per SHIP dollar spent Leveraging of SHIP funds with other sources Preference will be given to organizations participating in the Welfare Transition Program and Workforce Development programs per Chapter 67- 37.005(6) (b) (7) F.A.C. h. Additional Information: In cases where the cost of demolition and construction exceeds the maximum award available to the borrower SHIP funds used in the strategy will be leveraged by the homeowner's own funds. SHIP funds will also be leveraged by the homeowner's new first mortgage when the new home is built. Recipients of loans from this strategy may also qualify for SHIP purchase assistance program. An eligible applicant must occupy affordable housing on subject property within the expenditure timeline as set by statute and rule. E. Name of the Strategy: Special Needs Housing a. Summary of the Strategy: Through the special needs housing strategy down payment, land acquisition, or development assistance loans may be awarded to non - profit organizations serving special needs clients for the purchase or development of homes, apartments, or land. b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2007 -08, 2008 -09, and 2009 -10. C. Income Categories to be served: This program will assist only non - profit housing providers who provide housing to low and/or very-low income, special needs residents on a first come, first served basis. d. Maximum award is noted on the Housing Delivery Goals Charts: Shall not exceed $25,000 per unit. e. Terms of Repayment: Special needs housing funds will be made available by loans secured by a second mortgage placed on the property acquired. Loans will be given for a maximum term of 20 years. The interest rate on loans will range from 0% to 5 %, and will be based on factors including: need of the organization, the organization's ability to repay, and non - profit or profit status of the organization. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for low and/or very-low income individuals. At that time the balance of the loan will be repaid to Collier County's SHIP Local Housing Trust Fund. Repaid funds are considered program income, a portion of which may be used for program administration. April 2007 - 14 - Agenda Item No. 16D6 July 22, 2008 Page 18 of 46 Rental units will be monitored for a period of 15 years per Rule Chapter 67- 37.005(6)(c) of the Florida Administrative Code. Resale and First Right of Refusal for Affordable Housing will be given to Eligible Sponsors as noted in Section 420.9075 (4)(f) Florida Statues. Recipient Selection Criteria: Very low and low income special needs individuals and families served by the sponsoring agency. g. Sponsor Selection Criteria: A non - profit housing provider wishing to receive special needs housing funds will be evaluated competitively using established evaluation and selection criteria which include some of the following criteria: Financial strength of the agency The ability of the sponsor /developer to complete the development with the established timelines The capacity of the sponsor /developer The affordability of the product produced Neighborhood compatibility of the development Number of units produced per SHIP dollar spent Leveraging of SHIP funds with other sources h. Additional Information: SHIP funds used for special needs housing must be leveraged by multiple State, Federal or private sector funds. F. Name of the Strategy: Rental Housing Rehabilitation a. Summary of the Strategy: The rental housing rehabilitation program assists non- profit housing providers by providing loans to pay for necessary repairs. All identified repair work will include the correction of housing code violations and/ or deferred maintenance. b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2007 -08, 2008 -09, and 2009 -10. C. Income Categories to be served: This program will assist only non -profit housing providers who provide housing to low and/or very-low income tenants on a first come, first served basis. d. Maximum award is noted on the Housing Delivery Goals Charts: $15,000 per unit. e. Terms of Repayment: All loans will be secured by a second mortgage payable to the County. Loans will be given for a maximum term of 20 years. The interest rate on loans will range from 0% to 5 %, and will be based on factors including: need of the organization, the organization's ability to repay, and non - profit or profit status of the organization. Yearly payments will be required until the property is April 2007 - 15 - Agenda Item No. 16D6 July 22, 2008 Page 19 of 46 sold, transferred, or is no longer used to provide housing for low and/or very-low income individuals. At that time the balance of the loan will be repaid to Collier County's SHIP Local Housing Trust Fund. Repaid funds are considered program income, a portion of which may be used for program administration. Units will be monitored for a period of 15 years per Rule Chapter 67- 37.005(6)(c) of the Florida Administrative Code. Resale and First Right of Refusal for Affordable Housing will be given to Eligible Sponsors as noted in Section 420.9075 (4)(f) Florida Statues. £ Recipient Selection Criteria: Sponsors will income qualify very low and low income applicants in accordance with SHIP regulations. Income qualified recipients will be selected on a first - come /first -serve basis. g. Sponsor Selection Criteria: A non - profit housing provider wishing to receive rental rehabilitation funds will be evaluated competitively using established evaluation and selection criteria which includes some of the following criteria: Financial strength of the agency Ability of the sponsor /agency to complete the rehabilitation with the established timelines The capacity of the sponsor /agency The affordability of the product Neighborhood compatibility of the development Number of units rehabbed per SHIP dollar spent Leveraging of SHIP funds with other sources Preference will be given to organizations participating in the Welfare Transition Program. h. Additional Information: G. Name of the Strategy: Disaster Relief and Mitigation a. Summary of the Strategy: The disaster relief and mitigation program provides assistance to households following a natural disaster as declared by Executive Order by the President of the United States or Governor of the State of Florida. This strategy will only be implemented in the event of a natural disaster using any funds that have not yet been encumbered or using additional disaster and/or mitigation funds issued by Florida Housing Finance Corporation. SHIP disaster and mitigation funds may be used for repairs sustained as a result of a natural disaster and payment of insurance deductibles for rehabilitation ofhomes covered under homeowners insurance policies. April 2007 - 16 - Agenda Item No. 16D6 July 22, 2008 Page *20 of 46 b. Fiscal Years Covered: This strategy will be funded per the preceding paragraph for State Fiscal Years 2007 -08, 2008 -09, and 2009 -10. C. Income Categories to be served: All recipients in this program must be low or very-low income. d. Maximum award is noted on the Housing Delivery Goals Charts: $15,000 per unit. e. Terms of Repayment: All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0 %. No payment will be required until the property is sold, transferred, refinanced, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be repaid to Collier County's SHIP Local Housing Trust Fund. If homeowner dies within 5 years of recorded Security Instrument, payment in full of all sums secured will be required. If the Security Instrument has been recorded for more than 5 years on any prior participant, all sums secured will be forgiven if homeowner dies. Repaid funds are considered program income, a portion of which may be used for program administration. f. Recipient Selection Criteria: Applications will be taken on a first -come/ first served basis. Loans will be given to low and very-low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. g. Additional Information: In cases where the cost of repair exceeds the maximum award available to the borrower SHIP funds will be leveraged by the homeowner's own funds. Repair may also be leveraged by homeowner's insurance, the homeowner's first mortgage, any equity amassed in the home and special mitigation or disaster relief funds. H. Name of the Strategy: Relocation Assistance Program a. Summary of the Strategy: Through the relocation assistance strategy, persons who have lost affordable housing due to the closure of a mobile home park or the conversion of affordable rental units to condominiums will be eligible to receive a one time relocation assistance grant through this strategy. Grants may be used to fund relocation expenses such as down payment, deposits, first and last month's rents. and utilities rental assistance for SHIP eligible units. b. Fiscal Years Covered: This strategy will be implemented/funded for State Fiscal Years 2007 -08, 2008 -09, and 2009 -10 using SHIP funds have not yet been encumbered. A cost sharing agreement shall be pursued between the County and April 2007 - 17 - Agenda Item No. 16D6 July 22, 2008 Page 21 of 46 any developer needing County approval to move forward with plans that will result in the loss of affordable housing. C. Income Categories to be served: All recipients in this program must be very-low income. d. Maximum award is noted on the Housing Delivery Goals Charts: $3,000 per family e. Tenns, Recapture and Default Terms of Repayment: All funds provided to eligible households will be in the form of a grant and not subject to recapture. f. Recipient Selection Criteria: Applications will be taken on a first-come/ first served basis to persons who have lost affordable housing due to the closure of a mobile home park or the conversion of affordable rental units to condominiums. g. Sponsor Selection Criteria: h. Additional Information: April 2007 - 18 - Agenda Item No. 16D6 July 22, 2008 Page 22 of 46 1II. LHAP INCENTIVE STRATEGIES Section 420.9071(16) and Section 420.9076(6)), F.S. A. Name of the Strategy: Expedited Permitting Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects. a. Established policy and procedures: Collier County Resolution No. 2005 -408 adopted November 29, 2005, speeds the rezone, approval, and permitting of developments for affordable housing. B. Name of the Strategy: 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. a. Established policy and procedures: The executive summary system used by the Collier County Board of County Commissioners serves as a process for an going review of items seeking Board action that may affect affordable housing. Every County Ordinance, Resolution, Contract, Bid, Award, Agreement, and Policy must have an executive summary attached which is reviewed as to its effect on affordable housing. C. Name of the Strategy: Affordable Housing Definition Definition as defined in the Collier County Land Development Code Section 1.08.02. a. Established policy and procedures: Housing, affordable- workforce: means residential dwelling units within amonthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents a range of median adjusted gross annual income (median income) for households as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA) (See Section 2.05.02), specifically including the following subsets: Rental workforce housing 50 percent or less of median income, otherwise considered to be "very low income ". Rental workforce housing from 51 percent -60 percent of median income, otherwise considered to be "low income ". Owner occupied workforce housing 50 percent or less of median income, otherwise considered to be "very low income ". Owner occupied workforce housing 51 percent -60 percent of median income, otherwise considered to be `low income ". Owner occupied workforce housing 61 percent -80 percent of median income, otherwise considered to be `low income ". Owner occupied gap housing: 81 percent -150 percent of median income. (For April 2007 - 19 - Agenda Item No. 16D6 July 22, 2008 Page 23 of 46 purposes of SHIP funding, the maximum income level will be 120% of median income per F.S. 420.9071) The term affordable housing is specifically intended to include affordable - workforce housing. D. Name of the Strategy: Impact Fee Deferrals for Affordable Housing a. Established policy and procedures: Collier County Ordinance No. 2005 -40, as amended, adopted July 26, 2005 allows for the deferral of impact fees for affordable housing. E. Name of the Strategy: Increased Density Levels The process in which a developer may request increased density by including a certain percentage of affordable housing in the mix of the community. a. Established policy and procedures: An Affordable Housing Density Bonus Agreement must be entered into and approved by the Board of County Commissioners as provided for in the Collier County Land Development Code Section 2.06.00. F. Name of the Strategy: Preparation of a Printed Inventory of Locally Owned Public Lands Suitable for Affordable Housing. Process by which the County prepares a list of County owned properties that are suitable for affordable housing. a. Established policy and procedures: At least every three years, Collier County will prepare and adopt by Resolution an inventory list of all real property it owns within its jurisdiction that is appropriate for use as affordable housing. affordable housing developments. April 2007 - 20 - Agenda Item No. 161D6 July 22, 2008 Page 24 of 46 IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. B. Timeline for Encumbrance and Expenditure: Chapter 67- 37.005, F.A.C. A separate timeline for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end of the applicable State fiscal year. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Chapter 67- 37.005, F.A.C. Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification Page: Chapter 67- 37.005, F.A.C. Signed Certification is attached as Exhibit D. E. Adopting Resolution: section 420.9072, F.S. Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. F. Program Information Sheet: Completed program information sheet is attached as Exhibit F. G. Ordinance: section 420.907, F.S. If changed from the original ordinance, a copy is attached as Exhibit G.- -Not Applicable H. Interlocal Agreement: section 420.9072, Fs. A copy of the Interlocal Agreement if applicable is attached as Exhibit H. April 2007 - 21 - ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR LHAP Template 6/06 CXnIDIL H Hamin nuugei Fiscal Year 2007 -2008 Agenda Item No. 16D6 July 22, 2008 WA6 Salaries and Benefits $257,000 Office Supplies and Equipment $8,000 Training, Travel, Perdiem Workshops, etc $8,000 Advertising, postage $2,000 Professional Services $3,297 Office Rent & Utilities $16,000 Total Fiscal Year 2008 -2009 $294,297 Salaries and Benefits $257,000 Office Supplies and Equipment $8,000 Training, Travel Perdiem Workshops, etc $8,000 Advertising, postage $2,000 Professional Services $3,297 Office Rent & Utilities $16,000 Total Fiscal Year 2009 -2010 Salaries and Benefits Office Supplies and Equipment Training, Travel Perdiem Workshops, etc Advertising, postage Professional Services Total $294,297 $257,000 $8,000 $8,000 $2,000 $3,297 $294,297 Based on a distribution of 10% of the proposed $2,942,972 allocation (D co CD 0o F-A 3 J� � T Ergo m -o = � J N m Q m °o N 0 N W Q U N LL W f f h O W m H W E H m P W T C O U G U c m E E d O R u O J O E E W Z K •L C 6 c � 6 d o a s a u s o � n a d 9 T Y 0 A U d U G Q E L W C O d a` 6 N H J O N u a 'd m m N O t+ E E E V Y LL Y D N O 0 n c c Y o m V Q O m° b a L c m ED C N w O a D Sc a O > V L d Y a` t E 9 C ¢ w r N N `m m LL LL Y 6 K C E N �WID pooa IN 0 Z E m c m m Q N (R CJ O O O m0 O N 1° O O r N O LL J J A F F °0 0 o 14 0 is 0 « m q '. ddd O 0 o o m o o ° s ry 0 0 0 0 0 - O O O O O O ° O m O 1° 1° Q O IQI mM Q� NM M E9 'M W WW X10 0 E y ~ m = N F = p v _ 3 € E i a - m ° - 0 0 0 0 o ° vi E U m E o 0 o c o O o 0 o O O o O 0 I N n 0 0 o n o O o e p m o ry a a o m ai ro 1O - Q N W - a o a 0 0 0 0 0 o IIN Qi y !n N N N N �y W O p:F 2 y3 ly i 4q m V u 0 Q ? IL ¢ ¢ ¢ ¢ ¢ ¢ FIN n o Z O 2 a' 2 2 Z a` 4 q m o o r o OQ10 & � al< d dca ¢ W yllJ b m Z m Z Z i 9 Z Z Z = y O O O O O 6= O O a o h e QII (DIIZ Zii b }IF �I I N A o N e O e Y1 r- m Z Q co 0 o r o ¢ m a _T< t7 - r N m - �III� Z m fA ❑,z � M m u o o 0 0 0 0 0 0 o o o O 0 o 0g 0 OJ CD Z.p 0 0 0 o 0 a 0 o a y ^ pI Q O J RI dI LL E c i3 v a p ~ w m n o m o cv� na 3 a m w¢ m ¢li a` c E E I n U" a rc a t n ° ''. s i G CR' $ rc o p6 a A E d u d C p d .. E z E O Z J A J d E ` 3 d p QH , Izl O O 0 a % J � C U T q ~ III N O _ W ._l... rv.. _n a r _..— ...._� __. kgenda-ttem-No:"t6D6 - - -- July 22, 2008 Page 28 of 46 LHAP Template 6/06 Exhibit D CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Name of Local Government: Collier County (1) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for awards. (5) Recipients of funds will be required to contractually commit to program guidelines. _ (6) The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity) will be unable to comply with the provisions the plan. (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. (8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. (9) Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities such as interest earned on loans. (11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to the Corporation as soon as available. 13) An interlocal entity shall have its local housing assistance trust fund separately audited No:7GD6 - --_ . July 22. 2008 Page 29 of 46 LHAP Template 6/06 Exhibit D Page 2 Certification for each state fiscal year, and the audit forwarded to the Corporation as soon as possible. (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e) (18) The Plan meets the requirements of Section 420 -907 -9079 FS, and Rule Chapter 67 -37 FAC, and how each of those requirements shall be met. (19) The provisions of Chapter 83 -220, Laws of Florida _has or X has not been implemented. Witness Witness Date OR r X Atte : ' _ =; €iest 40 tu0 t (Seal) ..Sf4tlatER� X11. JAMES COLETTA CHAIRMAN Type Name and Title Appmv f mienoy JefJRV A ,Assistant Cowry At[omey — Ageni3W lte`rn`F1o:-1�f5fi July 22, 2008 Page 30 of 46, Eck ;b;1 E RESOLUTION NO. 2007- 9E A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING THE LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2007 -2008, 2008 -2009, AND 2009 -2010, AS REQUIRED BY THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM; UPDATING HOUSING STRATEGIES; ADDING NEW INCENTIVE STRATEGIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida State Legislature enacted the William E. Sadowski Affordable Housing Act on July 7, 1992 (the - Act"), Section 420.907, et seq., Florida Statutes, mid Chapter 91 -37, Florida Administrative Code, as a comprehensive funding package for state and local housing prognms to better enable local governments to meet their responsibilities for affordable housing in accordance with their comprehensive plans; and WHEREAS, pursuant to the Act, the State will allocate a portion of new mid existing documentary stamp taxes on deeds to local governments for development and maintenance of affordable housing; and WHEREAS, the Board of County Commissioners of Collier County, Florida, enacted Collier County Ordinance No. 93 -19 on April 13, 1993, codified as Article III of Chapter 114 of the Collier County Code of Laws and Ordinances, known as the Collier County Housing Initiatives Partnership (SHIP) Program; and WHEREAS, through Resolution No. 2004 -155, the Board of County Commissioners adopted a three year Local Housing Assistance Plan (LHAP) outlining the intended use of SHIP funds for fiscal years 2004 -2005, 2005 -2006, and 2006 -2007; and WHEREAS, a new three year Local Housing Assistance Plan (LHAP) outlining the intended use of SHIP funds for fiscal years 2007 -2008, 2008 -2009 and 2009 -2010 must be adopted and submirted by May 1, 2007. NOW, THEREFORE, be it resolved by the Board of County Commissioners of Collier County, Florida, that the Collier County and City of Naples, FL State Horsing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) for the State of Florida Fiscal Years 2007 -2008, 2008 -2009, and 2009 -2010, a copy of which is attached to this Resolution, is hereby adopted as set forth in such attachment. Page I of 2 AVenderitem No: July 22, 2008 Page 31 of 46 1. Housing Strategies have been updated to reflect the changing needs of the community. 2. incentive Strategies have been added to reflect current policies that pertain to affordable housing. 3. The Housing Delivery Goals Chart of the 2008 -2010 LHAP has been updated to reflect the new strategies and changes to current strategies. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its approval, and that it be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this 24th day of April, 2007_ .aW BLiOCK, CLERK Attagi g o p hi irman f'i9rrA�+a�p. onl JAga form and sufficiency: I ef ff y A. KI -ow Marfiging As t wit County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CO TY FL RID By: _ J S A, C AN state c FLORILM curr^W of COLLIER 1 HMZESY CERTLFY r;1!.T &-1_V l3 8 tR] W4 Corset copy at a ttncarn t' L& to Board Mlmd33 and L'.aI I NlmacSs MY h P-14 anz3'c t 35, `MWI TE BR Pagc 7 of 2 Agenda Item No. 16D6 July 22, 2008 Page 32 of 46 LHAP Template 6/06 Exhibit F STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INFORMATION SHEET LOCAL GOVERNMENT: Collier Countv CHIEF ELECTED OFFICIAL (Mayor, Chairman, etc.): James Coletta, Chairman ADDRESS: 3301 Tamiami Trail East Naples, FL 34112 SHIP ADMINISTRATOR Marcy Krumbine, Director ADDRESS: 3301 Tamiami Trail East Naples, FL 34112 TELEPHONE: (239) 304 -4230 FAX:(239 ) 403 -2331 EMAIL ADDRESS: MarcyKrumbine(a) collier ov.net ADDITIONAL SHIP CONTACTS: Frank Ramsey or Wendy Klopf ADDRESS: Same as above EMAIL ADDRESS: frankramsev(a).colliergov.net wendvklopf(a collier o� v net INTERLOCAL AGREEMENT: YES/NO (IF yes, list other participants in the intedocal agreement): Yes. with City of Naples The following information must be furnished to the Corporation before any funds can be disbursed. LOCAL GOVERNMENT EMPLOYER FEDERAL ID NUMBER: MAIL DISBURSEMENT TO: ADDRESS: OR:IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM: XX NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED. Provide any additional updates the Corporation should be aware of in the space below: Please return this form to: SHIP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000 TALLAHASSEE, FL 32301 Fax: (850) 922 -7253 July 22, 2008 Page 33 of 46 EXHIBIT G Ordinance: Section 420.907, F.S. If changed from the original ordinance, a copy is attached as Exhibit G NOT APPLICABLE Agenda Item No. 16D6 July 22, 2008 Page 34 of 46 E Xk,v; � Naples/Collier County Local Housing Assistance Plan FY 2008, 2009 & 2010 INTERLOCAL AGREEMENT SHIP FUNDS THI$ INTERLOCAL AGREEMENT (the "Agreement's made and entered into this &,W_ day of June, 2007, by and between Collier County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, and the City of Naples, a municipal corporation created and existing under the laws of the State of Florida, acting by and through its City Council. WTTNESSETH: WHEREAS, Section 420.9072, Florida Statutes (the "State Housing initiatives Partnership Program" or "SHIP'), authorizes monies in the Local Government Housing Trust Fund (the "Fund ") to be distributed to Collier County and eligible municipalities within Collier County pursuant to an interlocal agreement; and WHEREAS, Collier County is an approved county and the City of Naples is an eligible municipality within Collier County, and WHEREAS, the parties desire to jointly utilize SHIP allocations pursuant to this Agreement; and WHEREAS, the parties have determined that SHIP funds can be more efficiently utilized and managed when the parties work cooperatively to address the community's affordable housing needs. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: 1. The monies in the Fund which are to be distributed to the County as provided in Section 420.9073, Florida Statutes, shall be allocated jointly to the County and the City for the purposes identified in the approved Local Housing Assistance Plan. 1 Agenda Item No. 161D6 July 22, 2008 Page 35 of 46 The percentage of SHIP funds allocated to the two jurisdictions by the Florida Housing Finance Authority is as follows: City 7% County 93% These percentages are based upon the March 2007 estimated SHIP program allocation distribution schedule for 2007 -2008. The City of Naples may distribute a portion of its allocation to housing activities within the Urban Housing Assistance Area as defined in the July 1994 Interlocal Agreement adopted by Collier County and the City of Naples, a copy of which is attached hereto. 2. Unless otherwise extended, this Agreement shall expire on June, 30, 2010. 3. The parties direct that the Florida Housing Finance Corporation distribute and allocate the monies in the Fund in accordance with this Agreement and authorize the Corporation to rely on their stated intent and their authority to execute this Agreement. 4. During the term of this Agreement, both parties agree that they will not do anything to jeopardize the other parry's right to receive its allocation from the Fund. 5. The parties understand that the statute requires an incentive plan for providing affordable housing and they agree to cooperate in ensuring that the requirements and spirit of the statute are satisfied. 6. The parties recognize the contributions of the joint City/County Affordable Housing Commission and agree to appoint members to this Commission. The County's Housing and Human Services Department will be responsible for the overall administration of the programs assisted with SHIP funds and shall receive administration monies from the SHIP allocation. This allocation shall not exceed 10% of the total SHIP allocation in accordance with Section 420.9075 (7), Florida Statutes and Collier County Resolution 2007 -96. The County will establish, administer, and audit a Local Housing Assistance Trust Fund in accordance with Ordinance No. 93 -19, as amended, and SHIP requirements. In addition, the County will submit the required annual report on behalf of the interlocal entities. 7. During the term of this Agreement, any party may give the other party ninety days written notice that it wishes to renegotiate the terms of this Agreement, to be effective on the first day of the next fiscal year. If the parties fail to reach a new Oil Agenda Item No. 161D6 July 22, 2008 Page 36 of 46 agreement prior to the commencement of the next fiscal year, this Agreement shall terminate and be of no further force or effect, and the funds shall be allocated according to population pursuant to Section 420.9072 and Section 420.9073, Florida Statutes. 8. If either party shall cease to be eligible for allocation and distribution, such party's allocation of the funds shall remain in the Fund to be used by the Corporation. Both parties acknowledge the SHIP enabling legislation, the rules promulgated to implement same, and that the Statute and the rules are incorporated herein as if they were reprinted. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. DATED:. . OO .11 ` o: AT -t T Rfa rW, , Fol�k�sRK signature on, App ve and fcifencr. County Attorney DATED: ATTEST: TARA NORMAN, Crl'Y CLERK Approved as to form and legal sufficiency: Robert D. Pritt, City A orney BOARD OF COUNTY COMM COLLIER COUNTY FLORIDA CITY OF NAPLES, a municipal corporation 3 I re-Wi Item # NO .) 1 DAgenda Date 4 44. Date b� Recd 2T Deputy Cierk U AQenda,(YPm Nn 161ffi July 22, 2008 Page 37 of 46 01846089 m.L2a ns20 001971 001269 MUM COUNTY RECOM OR BOOK PAGE Ne6 MR ' 13fe agtpesent, made and L..d into this / 9.. 1— day of 4' Z 1996, by and between the Board of Cnanty Co ®issionsrs of Collier County. Florida, hereinafter called the • Ccunty', and the Myer and City Council of the City of Naples, Florida, hereinafter called the 'City, is to ensure coordinatl= between the County and the City regarding the dcvelmpment of affordable boaainq in the urban area. wwomas. City and the Counts have a ado tad a Na t to the re;" <••^•••• Lion 16, 3161 et. seq. Florida St t waswae • ty of m v itted /1 n Plaa•a l� InterNOVarnoental inert to to wMRF19. acs eraa t9oadlna ` M L.5.5 of the How' Tier i orowth Hangs t s tee in part t 1 be adapted us whit fc, tion of efforts V Op between the }uriadicci.®e to improve and develop i aaj housing apportunitice for Itfr (low. modezate 1 • in ®e) rasidentei and n'F 1 ' July 22, 2008 Page 38 of 46 001971 001270 OR BOOK PAGE yNCggag, Poliny 2 -4 of the Housing Klement of the City of Naples' Comprehensive Plan states -coordinate and cooperate with Collier County in seeking sites and funding for low and moderate income housing. mobile horns are" and relocation housing:• and iHMIUMVK, objeneive 5 of the gumming Moment of the City of Naples' Comprehensive Plan states `coordinate housing programs with other government jurisdictions and the private sector for the implesmtati Housing glemaec:' end al®tW, adop �E� ;x�+� y, Managamsnt Study gis_la tin s improved „_, �7 wernmeneal eoordnat ween local j on a wide range o lad nse issues glt8g8�R, i wi 3 the zooming S1 ! ie ' Plan S e e at (SHIP) ty ' Affordable Housing Fond' to nr an tad am revolving fund for ty ¢f1 is and to nectar houmisg of ensure the [[[ F� of affordable or MI (low, t to ) and aeaegAZ, the City t adopted Affordable Housing nevelopeent Standards: avd ] `t• i _.. _. __.r_.._.._. Agpn A1tEf1] No 1606 _ July 22, 2008 Page 39 of 46 001971 001271 OR BOOK PAGE 10Qla6, affordable housing located within the -City of Naples and the urbam area of Collier County mutually benefits the Cities" of both jurisdiotiom; a" WHEREAS. intetgmver sestal coordinmtloa asd cooperation rill encourage the davelopsent of affordable hearing: NON, THt PORE, IN RECONN=ION OF IRS APPROVAL ORAN1$O RY TNR NoAn OF COMM COIRIISSIONSBS OP COLLIER OtOsfy AND = COOHCIL OF IRS CITY OP �NA`P ^ AORRR AS FOLI4NS: SHC[ION 1. For—�poses of this agr nt +, a City and VVV t r shall oomider very lom, w d moderatm he t se olds ea ag ass than so f the me lan iae a adjust f fenlly ai I f i and ^ Ot -t mI O I teIast• vl 1 do not ` arts" lot of the hauva `• v ino�me. SRCIION 1. �,.I1 City and to the (� opamt of affordable . davelepad i Orbsa ]tuning which is tha the Collier -Lee county la to �y Road 951 and more specifically including the City of Naples and the following Collier COnety Planing 3 I July 22, 2008 Page 40 of 46 00071 001272 OR BOOK PAGE Coaaomitieaa M=h Naples, Central Maples, Golden Gate, East Naples, south Naples, Mar'cm and the Urban Estates as show in Nap Exhibit •A- ands SECTION 1. The City and County agree to net a joint goal of permitting a minimum of $00 affordable dwelling nits for rent or ownership during each Oalendat year. These nits would be those . permitted within the area daaetibad in Section 2. and Map Exhibit •A•, and would be available to very low, lw and moderate isc �y �holde at a rest or sales prit hiE�ie s 1 nrE l the affordability �y in 9se'ta- or the purpoaaa f a agreement, permittiv defined as y t Jamanceof a building permi SECTION 4 ity ty eta 11 do -noel to Bo and C y h at ra will Gil, o of a ,rem al and calendar year. �. SR=ON S. City of Naples Agra w faes for Affordable housing pro t the City i� ty parks and a fire, police and fee ordi^ —oes provide of impact fees for affordable housing devell ta. Any future City impact fees ahall be wived if ac provided by the e July 22, 2008 Page 41 of 46 staff 1 bawl m t..w t and C-1 h y . i_ 9 f i ty is t4 to Dtly W97�• °4 25.5% this food, `ii sha11 `'�: considered the Cit p share ribution. g6CfL0f 9. and Cbusty em mu y to uas 0 of f ific prcjst-ts that a t�. V y bensficial. SECTION 10. Within O,, year Tom the date of the adoption of thin Eaterlocal Agrveernt, tbs City and County 5 001971 001273 OR HOOK PAGE ispatt fee ordinance- The City agrees to naive City adeieistratiw planning review few and building pamit fees for pmjacts meeting the affordable hrrmsing standards of Section 110 -83 of the Code of ordinances of tba City of Waplas. smarrm S. She Canty agrees to v dva or deter iopacc f"a for affordable housing sa provided icr in each ,booty impact fee ordinamoa- SSCI i Y. pot the development of at fordable hosoing projocta, the County and City agree to utilize altermaci in • to wive or dater. a fees Which are by the adopting ordinances. //''� Sam= a_ 'ACCT ty agrees that the `a affordabla staff 1 bawl m t..w t and C-1 h y . i_ 9 f i ty is t4 to Dtly W97�• °4 25.5% this food, `ii sha11 `'�: considered the Cit p share ribution. g6CfL0f 9. and Cbusty em mu y to uas 0 of f ific prcjst-ts that a t�. V y bensficial. SECTION 10. Within O,, year Tom the date of the adoption of thin Eaterlocal Agrveernt, tbs City and County 5 gDn_a_nrlaIpm Uo 1fiQ6_.- -- July 22, 2008 Page 42 of 46 001971 001274 OR BOOK PAGE rill have adopted revisions to their respective Housing Elacents in their G h Management Plans. Tt,asa revision, will direct the City and County to establish additional sechaaise, for coordinating honing efforts in the urban area. SECPI® 11. Hy January 1996, or whenever Collier County is designated an entitlement touoty by the U.S. nsparesns[ of HousimJ and Urban Development, or rhiehever ocara first, cbm County rill adopt a flve-year om prmheoaive Hooaicg Affordability at... 1 be compatible With the eEC1I� 13. -7 to eneou is utilising -'- ty boausas, in wemrdaneI , h th Affordebla m Item Ibnua an =% No. 0 -89, to davelop ri n urban a Which is ad on 1 no and i Ci o N the County 1 i N p L Ceattal Naples, Golden Gate. Hap s, Maples, and the Utban es a in Map it W. +o SECTrw 13. ty has developed an In Houaivg se0ui 11ier County O.Tze PPIO State Housing Initiatives eartneta p program- This treat fund 6 f 1. i 001971 001275 OR GOOK PAGE includes, but shall me be limited to, City and Ccuaty suL fund, shich can be vsad to: (l)—&" or defer County road iep,et fees sad other siailar Ceunty and City 4R. t Ness (2)financlally aaslst J, the cost of the censcruction of af£ordahl, housing, imludieg hat not limited to land cost sod infraattuntare costs, Mp�ids first ties hosebuyer•s dornpay t aM closing costa asaisteets; or (4)othmr Progress adopted by the soars of County cosmi,sion or city cnsacLl. 36CTLtm 14. The Y Tiry� age state and F 1� nes funding for t provision Is housing a rhea appsoprl.te, coop. a m submitting icat LusWin ao a- s6Cfipt i t take a,yfaaot at Y upon �Gl.1.i] 1w F v shall �� i arY f th 1 on. N thL agrnemest ba writing mutual agreement C county"((' mutual agremeest C county. in KlTIDM � : C qft Agreement I July 22, 2008 Page 43 of 46 approved sa to Form and I"" avFFiciency HaIdi F. Hamm Aaais=t caaty Attoreey perID: 7/3q�9� arrears �tiL leg�d t' legal suf _ -eL city Plmes II fl 4� �lewda 1 /al0 � (f T� a a ' n,i l:t � 001276 PAGE ox i t July 22, 2008 Page 44 of 46 001911 OR BOOK m the data and year Lint above mitten. ' �r aTw: = - r��y RQXRD W COU C IsslcA ATTM. CO xm W . F=IDA mum 6. MOCA; Clerk 'LA - .:ice i _ w_ ivy_ �. ri ®tk .7 cola c approved sa to Form and I"" avFFiciency HaIdi F. Hamm Aaais=t caaty Attoreey perID: 7/3q�9� arrears �tiL leg�d t' legal suf _ -eL city Plmes II fl 4� �lewda 1 /al0 � (f T� a a ' n,i l:t � 001276 PAGE ox i t July 22, 2008 Page 44 of 46 July 22, 2008 Page 45 of 46 r N O O e r eT O O Y � PlA I s I11 I Page 1 of 1 Agenda Item No. 16D6 July 22, 2008 Page 46 of 46 _. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D6 Item Summary: Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Resolution amending the State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (LHAP) for Fiscal Years 2007 -2008, 2008 -2009 and 2009- 2010, to allow SHIP assistance when funds are allocated to a non - profit or for - profit housing developer to acquire and rehabilitate eligible existing dwelling units. Meeting Date: 7/22/2008 9:00:00 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 7/1/2008 9:48:41 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 7/1/2008 5:37 PM Approved By Colleen Greene Assistant County Attorney Date County Attorney County Attorney Office 7/2/2008 9:52 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 7/3/2008 2:15 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/7/2008 10:40 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 7/8/2008 2:18 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/9/2008 9:58 AM file: / /C:\AeendaTest \Exnort\L] 1 -July% 2022.% 202008 \16 %2000NSENT %20AGENDA \1... 7/15/2008