BCC Absentia Agenda 08/13/2019 Item #16D1 (09/10/2019 Item #16F1D for 08/13/2019 Absentia)08/13/2019
EXECUTIVE SUMMARY
Recommendation to approve a 99-year Long-Term Ground Lease with McDowell Housing
Partners, LLC on County-owned property located within the Bembridge PUD and authorize the
County Manager or designee to sign all documents necessary to implement the Ground Lease.
OBJECTIVE: To provide affordable housing to the residents of Collier County by executing a Ground
Lease with McDowell Housing Partners, LLC to facilitate construction of an affordable housing rental
development on the Bembridge PUD.
CONSIDERATIONS: At the July 9, 2019 Board of County Commissioners (Board) Meeting (Agenda
Item #11D, the Board unanimously authorized staff to enter into negotiations with the firm of McDowell
Housing Partners, LLC, to develop a proposed developer’s agreement for the Bembridge Planned Unit
Development (PUD) project, which will be brought back to the Board for consideration at a subsequent
meeting.
During their presentation to the Board, McDowell Housing Partners detailed several possible funding
sources (many through the Florida Housing Finance Corporation’s (FHFC) Tax Credit Application
Process) that may become available to assist in the financing and development of the project.
FHFC has now released a draft Request for Applications (RFA) for the first such opportunity to become
available. RFA #2019-102 is for Community Development Block Grant-Disaster Recovery funding to be
awarded in conjunction with Tax-Exempt Bonds and Non-Competitive Housing Credits in Counties
Deemed Hurricane Recovery Priorities (due to Hurricane Irma). Collier County qualifies as a “Priority
One” applicant for this funding and is poised to score very favorably. Applications for this RFA
application are due to the FHFC on August 27, 2019.
A threshold requirement for the application is to establish a County/Developer arrangement with a long-
term affordability restriction to be evidenced through a 99-year Ground-Lease for the proposed project
site. It is necessary for the County to execute this Ground Lease for the project to qua lify for funding, as
this is an application requirement. This will also be a companion document to the Developer Agreement
that will be presented to the Board for approval following in-process negotiations.
The document used is the Collier County’s standard form Long-term Ground Lease; modifications were
made to customize the provisions for the use with an affordable housing development. This item also
authorizes the County Manager or designee to sign all documents necessary to implement the Ground
Lease. Such documents include affidavits and estoppels documents and other documents of a non-
contractual nature.
Approval of this Item by the County Manager is subject to formal ratification by the Board of County
Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s)
shall be enforceable against Collier County only to the extent authorized by law in the absence of such
ratification by that Board.
FISCAL IMPACT: McDowell Housing Partners, LLC shall pay to the County the sum of $10 per year,
to be deposited into the Affordable Housing Trust Fund (116), Project 50137. The improvements to the
property will result in an increase in the taxable value of the property over the ninety-nine (99) years.
GROWTH MANAGEMENT IMPACT: Approval of this long-term ground lease will allow for
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08/13/2019
McDowell Housing LLC to move forward with the development of affordable rental units on the site and
assist Collier County in meeting the goal of the Housing Element of the Comprehensive Growth
Management Plan.
LEGAL CONSIDERATIONS: This Item has been approved for form and legality and requires a
majority vote for Board action. -JAB
RECOMMENDATION: To approve a 99-year Long-term Ground Lease with McDowell Housing
Partners, LLC on County-owned property located within the Bembridge PUD and authorize the County
Manager or designee to sign all documents necessary to implement the Ground Lease.
Prepared By: Cormac Giblin, Housing, Grant Development, and Operations Manager, Community
Human Services Division
Michael Dowling, Sr. Property Management Specialist, Facilities Management Division
ATTACHMENT(S)
1. CAO Approved Bembridge Lease 8.13.19 (PDF)
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08/13/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.1
Doc ID: 9686
Item Summary: Recommendation to approve a 99-year Long-Term Ground Lease with
McDowell Housing Partners, LLC on County-owned property located within the Bembridge PUD and
authorize the County Manager or designee to sign all documents necessary to implement the Ground
Lease.
Meeting Date: 08/13/2019
Prepared by:
Title: – Community & Human Services
Name: Cormac Giblin
07/26/2019 2:40 PM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
07/26/2019 2:40 PM
Approved By:
Review:
Community & Human Services Kristi Sonntag CHS Review Completed 08/07/2019 2:24 PM
Community & Human Services Hilary Halford Additional Reviewer Completed 08/07/2019 3:58 PM
Facilities Management Cormac Giblin Additional Reviewer Skipped 08/07/2019 4:42 PM
Facilities Management Cormac Giblin Additional Reviewer Skipped 08/07/2019 4:43 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 08/07/2019 4:53 PM
Public Services Department Kimberley Grant Level 1 Reviewer Completed 08/07/2019 5:09 PM
Public Services Department Cormac Giblin Level 1 Division Reviewer Skipped 08/07/2019 5:18 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/07/2019 5:49 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 08/08/2019 7:59 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/08/2019 8:14 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/08/2019 10:16 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/08/2019 10:36 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/12/2019 9:08 AM
Board of County Commissioners MaryJo Brock Meeting Pending 08/13/2019 9:00 AM
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16.D.1.aPacket Pg. 27Attachment: CAO Approved Bembridge Lease 8.13.19 (9686 : Bembridge PUD Land Lease with McDowell Housing Partners, LLC.)
16.D.1.aPacket Pg. 28Attachment: CAO Approved Bembridge Lease 8.13.19 (9686 : Bembridge PUD Land Lease with McDowell Housing Partners, LLC.)
16.D.1.aPacket Pg. 29Attachment: CAO Approved Bembridge Lease 8.13.19 (9686 : Bembridge PUD Land Lease with McDowell Housing Partners, LLC.)
16.D.1.aPacket Pg. 30Attachment: CAO Approved Bembridge Lease 8.13.19 (9686 : Bembridge PUD Land Lease with McDowell Housing Partners, LLC.)
16.D.1.aPacket Pg. 31Attachment: CAO Approved Bembridge Lease 8.13.19 (9686 : Bembridge PUD Land Lease with McDowell Housing Partners, LLC.)
16.D.1.aPacket Pg. 32Attachment: CAO Approved Bembridge Lease 8.13.19 (9686 : Bembridge PUD Land Lease with McDowell Housing Partners, LLC.)
16.D.1.aPacket Pg. 33Attachment: CAO Approved Bembridge Lease 8.13.19 (9686 : Bembridge PUD Land Lease with McDowell Housing Partners, LLC.)
16.D.1.aPacket Pg. 34Attachment: CAO Approved Bembridge Lease 8.13.19 (9686 : Bembridge PUD Land Lease with McDowell Housing Partners, LLC.)
16.D.1.aPacket Pg. 35Attachment: CAO Approved Bembridge Lease 8.13.19 (9686 : Bembridge PUD Land Lease with McDowell Housing Partners, LLC.)
16.D.1.aPacket Pg. 36Attachment: CAO Approved Bembridge Lease 8.13.19 (9686 : Bembridge PUD Land Lease with McDowell Housing Partners, LLC.)
16.D.1.aPacket Pg. 37Attachment: CAO Approved Bembridge Lease 8.13.19 (9686 : Bembridge PUD Land Lease with McDowell Housing Partners, LLC.)
16.D.1.aPacket Pg. 38Attachment: CAO Approved Bembridge Lease 8.13.19 (9686 : Bembridge PUD Land Lease with McDowell Housing Partners, LLC.)
16.D.1.aPacket Pg. 39Attachment: CAO Approved Bembridge Lease 8.13.19 (9686 : Bembridge PUD Land Lease with McDowell Housing Partners, LLC.)
16.D.1.aPacket Pg. 40Attachment: CAO Approved Bembridge Lease 8.13.19 (9686 : Bembridge PUD Land Lease with McDowell Housing Partners, LLC.)