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Backup Documents 10/22/2019 Item #11ICollier CountyBoard of County Commissioners Bembridge Developer Agreement Approve a developer agreement with McDowell Housing Partners, LLC, for Invitation to Negotiate No. 19-7556, “Bembridge PUD Affordable Housing Land Development” Cormac Giblin, AICP Housing, Grant Development & Operations Manager Collier County Community and Human Services Division October 22, 2019 ULI and Community Housing Plan Policy Recommendation Use Publicly Owned Land Implemented through Resolution No.2018-39, Approved February 27, 2018 2 Property Location Map 3 Bembridge PUD 5.11 Acres adjacent to EMS station Fronts Calusa Park Elementary school Can develop up to 16 units/ac Public Utilities Interested in Pump Station Re -Location on southeren1.27 acres 4 Prior Board Direction On July 9, 2019, each of the three (3) finalist firms made a presentation to the Board of County Commissioners Board directed staff to begin negotiations with the top-ranked firm (McDowell Housing Partners, LLC), in order to bring back a developer agreement for Board approval. On September 10, 2019 the Board ratified approval of a Long- Term Ground Lease of the Bembridge property with McDowell Housing Partners, LLC. 5 McDowell Housing Partners, LLC Has developed, owned and operated over 45,000 apartment units across the Country and 2,000 units in Florida since 2004; the majority are workforce and affordable housing. Proposes an 82-unit rental development serving clients with incomes between 30%-80% AMI ($25,750-$62,650 for a family of four (4)). The apartment buildings will be three (3) stories and contain amenities such as a pool, clubhouse, shuffleboard, and playground. McDowell has additionally agreed to a minimum 10% set aside for seniors, veterans, and/or special needs population. 6 Conceptual Bubble Plan-Bembridge 7 Residential Development Area –3.84 acres Utilities Pump Station Area –1.27 acres McDowell Housing Partners Proposal 8 Conceptual Design Recommendation Approve a developer agreement with McDowell Housing Partners, LLC, for Invitation to Negotiate No. 19-7556,“Bembridge PUD Affordable Housing Land Development” 9 Collier CountyBoard of County Commissioners Local Housing Trust Fund Approve the guidelines, criteria, annual work plan, associated policy, and Resolution for the local affordable housing trust fund and authorize implementation of the program. Cormac Giblin, AICP Housing, Grant Development & Operations Manager Collier County Community and Human Services Division October 22, 2019 Prior Board Direction ULI and Community Housing Plan Policy Recommendation Create a Local Housing Trust Fund Implemented through Resolution No.2018-82, Approved April 24, 2018 11 Purpose of Local Housing Trust Fund Per Resolution 2018-82 Implement the goals, objectives and policies of the Community Wide Housing Plan, and the Collier County Comprehensive Plan Specifically meet the housing needs of those earning less than 140% of AMI, to include seniors, persons with disabilities, and any other identified underserved market Provide for a range of rental and homeownership opportunities for those who presently cannot afford to rent or purchase a home, or who are cost burdened in so doing Provide incentives to developers to create additional rental and for sale units, and to consumers so they may be able to afford rental or purchase opportunities 12 Purpose of Local Housing Trust Fund Per Resolution 2018-82 Awards from the Fund shall be made at the discretion of the BCC The Community and Human Services Division will act as the administrators of the fund and associated projects for the BCC The AHAC will work with CHS staff to develop oversight protocols and specific eligibility criteria for BCC approval 13 Local Housing Trust Fund: Development of Criteria Per Resolution 2018-82 AHAC, along with CHS staff shall develop criteria for evaluating the mix of very -low - income, low-income, moderate-income, gap-income housing in a project to qualify for award Criteria based on the Community Housing Plan and the Housing Element of the GMP Established by policy of the Board of County Commissioners, and may be amended from time to time by the BCC Provide for a covenant running with the land to ensure the continued affordable affordability No less than 10% of the fund balance is to be set aside for projects benefitting seniors and/or persons or families with special needs 14 Local Housing Trust Fund: Uses of Funding Per Resolution 2018-82 Programs for which funds may be used include the following: 1)Down Payment Assistance 2)Impact Fee Relief 3)Land Acquisition 4)Construction Loans 5)Community Land Trust 6)Preserve Existing Affordable Housing Supply 7)Rental Assistance 8)Local Contribution for Tax Credit or SAIL applications 15 The County Commission may add or remove alternative affordable housing programs. Ten percent (10%) of all funds are set aside to benefit seniors and/or persons or families with special needs. Local Housing Trust Fund: Funding Approval and Annual Workplan Per Resolution 2018-82 Projects funded through the Local Housing Trust Fund will include an application process, underwriting standards, and loan or grant documents guaranteeing affordability periods An annual workplan will be developed for BCC approval with an estimated balance of funds to award along with categories and programs recommended Awards will be presented for approval to the Affordable Housing Advisory Committee and then to the BCC for approval 16 Local Housing Trust Fund: Funding Streams and Current Balance Per Resolution 2018-82 Proceeds from the sale of County surplus property Repayments of Affordable Housing Density Bonus units Donations And any other defined revenue streams AHAC recommends that the Board continue to explore long-term recurring and reliable revenue sources for the Local Housing Trust Fund 17 Current Local Housing Trust Fund Balance = $164,800.86 Local Housing Trust Fund Annual Work Plan ACTION STEPS WHAT-Deliverable/Content WHEN -Frequency Housing Trust Fund Work Plan Present HTF Work Plan & funding allocation to BCC for approval Annually (October- November) Application cycle advertised Public Notice Annually (December) Advertised application cycle Formal, competitive application Annually (Jan –Feb) Applications reviewed, evaluated, ranked Review submitted applications against published criteria Annually -Spring (March) AHAC presentation Review Cmte Recommendations Annually Spring (April –May) BCC presentation HTF Award Recommendations Annually Spring-Summer (May-July) Enter into contractual agreement with awardees Formal agreement between County and awardee Annually (September- October) Implementation-Compliance Monitoring Review for progress, accomplishments, compliance On-going monthly/quarterly Financial Compliance Review for fiscal compliance On-going monthly/quarterly Annual HTF Progress Report Deliver annual report to the BCC on expenditures & accomplishments Annually (October- November) 18 Recommendation: 19 Approve the guidelines, criteria, annual work plan, associated policy, and Resolution for the local affordable housing trust fund and authorize implementation of the program. Collier CountyBoard of County Commissioners Community Land Trust Recommendation to award Request For Proposal No. 19 -7577, “Establishment of a Non-Profit Community Land Trust,” to Housing Development Corporation of SW Florida, Inc., d/b/a H.E.L.P. (“H.E.L.P”) Cormac Giblin, AICP Housing, Grant Development & Operations Manager Collier County Community and Human Services Division October 22, 2019 ULI and Community Housing Plan Policy Recommendation Create a Community Land Trust 21 Direct staff to create a Community Land Trust in Collier as a legal mechanism for pursuing a partnership with a local nonprofit with the mission of ensuring housing opportunities remain affordable for perpetuity. Prior Board Direction On April 24, 2018 the Board directed staff to move forward with the creation of a community land trust pursuant to the Community Housing Plan, and approved a funding allocation of $100,000 over two (2) years to cover start-up costs Funding was made available with the approval of the 2019-2020 County Budget Request for Proposal (RFP) No. 19-7577 released on April 5, 2019 12,862 vendors viewed Deadline extended from May 7, 2019 to May 21, 2019 Fifty-three (53) interested vendors downloaded solicitation package One (1) proposal from H.E.L.P. received by the May 21, 2019 deadline Selection committee convened August 19, 2019 Committee recommends awarding H.E.L.P. the contract for the establishment of a non-profit community land trust.22 Community Land Trust 23 Legal Structure/ Policy Buy, donate, use trust fund/grant funding Not-for-profit partner Build Homes/Apartments Hold in Perpetuity Community Land Trust Overview Permanent nonprofit ownership of the land, or land lease Units sold or rented to income qualified households with the land remaining in CLT ownership under 99-year land lease Nonprofit retains ownership of the land reducing the housing costs and the unit remains permanently affordable By excluding the price of the land, the overall purchase price and the monthly mortgage (PITI) or rental payments are made affordable 24 Community Land Trust: Scope of Services 25 Organization will be responsible for the establishment of a Collier County Community Land Trust (CLT) including: File initial articles of incorporation Adopt by-laws Recruit of initial Board Establish financial accounts Research grant and funding opportunities for land acquisition and development, Recruit building partners to assist with development Oversee preliminary Board meetings designed for the program creation All operating and administrative activities related to this Agreement Community Land Trust: Deliverables 26 Quarterly Deliverables: Quarterly report outlining the activities performed during the quarter period Copies of official Board meeting minute Quarterly invoice requesting payment Final Deliverables: Final report on the CLT outcomes to-date, status, sustainability, and next steps Evidence of received 501(c)3 status for the CLT Evidence of separate Financial Accounts Management of at least 1 parcel in the CLT Recommendation Award Request for Proposal No. 19-7577, “Establishment of a Non-Profit Land Trust,” to Housing Development Corporation of SW Florida, Inc. d/b/a H.E.L.P and to authorize the Chairman to sign the attached agreement. 27