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Resolution 2007-234 RESOLUTION NO. 07 _234 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, AS REQUIRED BY THE FLORIDA STATE HOUSING INITIATIVES P ARTNERSIDP (SHIP) PROGRAM. 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 State 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 SIDP funds for fiscal years 2007-2008, 2008-2009, and 2009-2010; and WHEREAS, the Florida Housing Finance Corporation approved the new three- year LHAP pending minor technical revisions to the Plan. 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. Page I of 2 This Resolution adopted after motion, second and majority vote this/mday of ~t*mlJ.gr- ,2007. -' ATTEST: , DWIGHT E.cImPCK, 'CLERK ,. l(l ." , , \ -' :By: ~.'~\...tA,O,(' -- t..... ,l \ }:D' uty Clerk . .-Attest IS to.'CM11W1l $ -s19rttttri ~1... App and Jeffre Mana t County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA By d. / AlLJi qj,l/WC} :JA~ Item # \ Lcl2.Lo ~;~;da 'j -( \.01 Date q-l,t'-""l Rec'd -rU ~ Page 2 of 2 COllIER COUNTY, FLORIDA and the CITY OF NAPLES, Fl SHIP lOCAL HOUSING ASSISTANCE PLAN (lHAP) FOR THE STATE OF FLORIDA FISCAL YEARS FY2007-08,2008-09,2009-10 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 - TABLE OF CONTENTS I. Program Description 3 Purchase Price and Income Limits 5 Definitions 7 II. Affordable Housing Strategies 8 Purchase Assistance 8 Owner Occupied Rehabilitation 9 Land Acquisition and New Construction 10 Demolition with New Construction 11 Special Needs Housing 12 Rental Housing Rehabilitation 13 Disaster Relief 15 Relocation Assistance 16 Homebuyer Education 16 III. Housing Incentive Strategies 18 IV. Exhibits 20 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 - 2 - l. PROGRAM DESCRIPTION Chapter 67-37.005 FAC. and Section 420.9072. F,S. A. Name of the participating local government and Interlocal if Applicable: Section 420.9072(5).F.S. Collier Countv Government Interlocal: Yes XX No Name of participating local government(s) in the [nterlocal Agreement: City of Naoles 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. FAC. 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 atTordable 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 67-37.002.F.A.C. X 2007/2008 X 2008/2009 X 2009/20[0 D. Governance: Chapter 67-37005,FA,C and Section 4209071FS 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, vs 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 April 2007 - 3 - Habitat for Humanity of Collier County 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, FA.C ond Ssection 420.9075, FS 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, FAC 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 offunding 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.lfno 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: ScctlOn 420,9075, FS In accordance with the provisions ofss.760.20-760.37, it is unlawful to discriminate on the basis of race, creed, religion, co [or, 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,{j05,FA.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 April 2007 - 4 - Counseling and information and referrals. K. Purchase Price Limits: Section 420.9075.F.S, and Chapter 67-37,007(6)FAC 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* $414,86 \.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 420.907/. 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 tirst institutional mortgage lender is satistied that the household can atTord 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 Prol!:ram: Chapter 67-37.005(6){b){7)FA.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 April 2007 - 5 - employed personnel from the WAGES and Workforce Development Initiatives programs will be given preference in the selection process. N. Monitoring and First Right of Refusal: SectIOn 420.9075, FS 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. (}()5. FAC 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 00es may not exceed 5 percent of the local housing distribution moneys and program income deposited into the trust fund, except; A 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% ofthe funds to be used for administration as outlined in the attached resolution, Exhibit E April 2007 - 6 - 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 (for purposes of SHIP funding, the maximum income level will be 120% of median per F .S. 420.9071) and all other full time employees earning less than 80% of 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 (L1): 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 (MI): 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 fund, 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. 420. 9075( 4)(g) from eligible persons or eligible sponsors who default on the terms of a grant award or loan award April 2007 - 7 - Q. Homebuyer Education & Counseling a. Provide opportunities for group and one on one home buyer 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. f. 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 of the organization to provide deliverables within the required timeline HUD Certification Frequency of classes and diversity oflocations Education and experience of staff Training experience Leveraging of SHIP funds with other sources April 2007 - 8 - II. 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 home buyers with incomes below 120% of median. 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 ofthe home buyer. At that time the balance ofthe 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, 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 from all applicants meeting the following selection criteria: The applicant must be a very low or low income first-time homebuyer. A first- time homebuyer is defined as anyone 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 April 2007 - 9 - 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 ofthe 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 program administration. f. 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 April 2007 - 10 - 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 and/or New Construction a. Summary of the Strategy: The Land AcquisitionlNew Construction program is designed to facilitate the acquisition of vacant land which will be developed for affordable housing by offering loans to non-profit and for profit housing providers to acquire such land and construct new affordable housing units. 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 $25,000 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 of20 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. In the event of default by non-profit or for 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. April 2007 - 11 - f. 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 providcr wishing to receive land acquisition and/or 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 sponsor to complete the development within the established timelines The demonstrated 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 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: The SHIP funds used in the land acquisition/new construction program must 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 application must occupy affordable housing on subject property within the expenditure timeline as set by statute and rule. 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 April 2007 - 12 - 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-pro tit 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 atlordability of the product produced 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 tirst 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. April 2007 - 13 - 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 ofthe 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. 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. f. 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 April 2007 - 14 - 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 of20 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. Units will be monitored for a period of I 5 years per Rule Chapter 67-37.005(6)(c) of the Florida Administrative Code. Resale and First Right of Refusal for AfTordable Housing will be given to Eligible Sponsors as noted in Section 420.9075 (4)(t) Florida Statues. April 2007 - 15 - f. 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 of homes covered under homeowners insurance policies. 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 April 2007 - 16 - until the property is sold, transferred, refinanced, or is no longer the primary residence ofthe 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 ofthe 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 andJast 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 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. Terms, 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. April 2007 - 17 - 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 - III. LHAP INCENTIVE STRATEGIES Section 420,9071(16) and Section 420,9076(6)). FS 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 ofthe Strategy: Atlordable 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 a monthly 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, April 2007 - 19 - otherwise considered to be "low income". Owner occupied gap housing: 81 percent-ISO percent of median income. (For 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 Ii st 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 - IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. B. Timeline for Encumbrance and Expenditure: Chapter 67-37005, FA,C A separate time line 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. FAC Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification Page: Chapter 67-37.1!05, FA,C Signed Certification is attached as Exhibit D. E. Adopting Resolution: Section 420.9072, FS 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, FS 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 lnterlocal Agreement if applicable is attached as Exhibit H. April 2007 - 21 - ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR LHAP Template 6/06 Exhibit A Admin BudQet Fiscal Year 2007-2008 Salaries and Benefits Office Supplies and Equipment Training, Travel, Perdiem Workshops, etc Advertising, postage Professional Services Office Rent & Utilities Total Exhibit A $257,000 $8,000 $8,000 $2,000 $3,297 $16,000 $294,297 Fiscal Year 2008-2009 Salaries and Benefits Office Supplies and Equipment Training, Travel Perdiem Workshops, etc Advertising, postage Professional Services Office Rent & Utilities Total $257,000 $8,000 $8,000 $2,000 $3,297 $16,000 $294,297 Fiscal Year 2009-2010 Salaries and Benefits Office Supplies and Equipment Training, Travel Perdiem Workshops, etc Advertising, postage Professional Services Office Rent & Utilities Total $257,000 $8,000 $8,000 $2,000 $3,297 $16,000 $294,297 Based on a distribution of 10% of the proposed $2,942,972 allocation '" 0, '" .!! m 0. E c 0- 0. ~ ...J '" J 1 1 I . . . . . I .1 . . . . '~~: ~ . c . = 0 0 . ~ . 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"' .. ;j'. ;j'. ;j'. ;j'. oo 0 ~ ~ 0 ~ a; . . ... 0 0 0 ~I 0 0 0 0 0 0 0 0 0 1: 0 0 0 0' <0 <0 cO <0' " oo M N N 0 00. oo N ~ ~ '" E ;;; ;;; ~ <( oo 00 ~ . M c: ~ 0 ." "" ~ " Iii . . c: E E 0 0 0 :; u . " u .E E .E .!1 ~ 0 S ;;: u E ...J ...J .E ~ " <( ~ ." l- . 0 0 0 > ...J :Ii I- LHAP Template 6/06 Exhibit D CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Name of Local Government: Collier Countv (I) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes. (2) All SHIP funds will be expended in a maIUler 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 qualiticatiOll 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 ifthe 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 confonns to the Local Government Comprehensive Plan. or that an amendment to the Local Govenunent Comprehensive Plan will be initiated at the next available opportunity to lnsurc 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. (I I) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted bylaw. (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 wil1 be forwarded to the Corporation as soon as available. 13) An interlocal entity shall have its local housing assistance trust fund separately audited _.,.,.,--_._--"--._....,..,~-- 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 (LlHTC) Program shall comply with the income, affordability and other LlHTC requirements, Similarly, any illlits 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 paymelll 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 420-907-9019 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. Chief Elected Ot1icial or designee Wi tness Witness JAMES COLETTA, CHAIRMAN Type Name and Title Date OR ciency , Auistant ConIIty Attorney Attest: (Seal) 2 ._-~.,^'~".,...~,-------~--_.._-'_._._----"-"---~._----'-_.".__.._.,-,.~-_.._"--_..~- EXHIBIT E Adopting Resolution: Section 420.9072, F.S. Original signed, dated, witnessed or attested adopting resolution will be included in the adopted Plan as Exhibit E LBAP Template 6/06 Exhibit F STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INFORMATION SHEET LOCAL GOVERNMENT: Collier County CHIEF ELECTED OFFICIAL (Mayor. Chairman, etc.): James Coletta. Chairman ADDRESS: 3301 Tamiami Trail East Naples, FL 34112 SHIP ADMINISTRATOR Marcv Krumbine, Director ADDRESS: 3301 Tamiami Trail East Naples. FL 34112 TELEPHONE: (239) 304-4230 FAX:(239) 403-2331 EMAIL ADDRESS:MarcvKrumbine@collienwv.net ADDITIONAL SHIP CONTACTS: Frank Ramsevor Wendy Klopf ADDRESS: Same as above EMAIL ADDRESS:frankramsev@collienwv.netwendyklopf<alcollienwv.net INTERLOCAL AGREEMENT: YES/NO (IF yes, list other participants in the intooocal agreement): Yes. with City of Naples The following infonnaion must be furnished to the Corporation before any funds can be disbursed. LOCAL GOVERNMENT EMPLOYER FEDERALID NUMBER: MAIL DISBURSEMENT TO: ADDRESS: OR:IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE A IT ACHED FORM: XX NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMIITED. Provide any additional updates the Corporation should be aware of in the space below: Please return this fonn to: SliP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000 TALLAHASSEE, FL 32301 Fax: (850) 922-7253 ,_."._._--~,^,,--,---,._,,--_._~-"-""-'-"--~--'----'---_._----"_.",......_,~---_.....'- EXIllBIT G Ordinance: Section 420.907, F.S. If changed from the original ordinance, a copy is attached as Exhibit G NOT APPLICABLE ~---_._-_._--~-~-_._."._'~.~.~._-'" -,._-_..-...._._._--,_._--_._----_._----'~-_.- _..~_._...__.~..__._,-----,._-_._---_.- ----... --,,-...-..-.. -- ---------" Exhibit H. Collier County Local Housing Assistance Plan FY 2005, 2006, and 2007 INTERLOCAL AGREEMENT TillS INTERLOCAL AGREEMENT made and entered into this ~ day of April, 2004 by and between Collier County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners (the "County") and the City of Naples, a municipal corporation -created and exISting under the laws of the State (;{------ Florida, acting by and through its City Cowlcil ("City''): WITNESSETH: WHEREAS, Section 420.9072 (4), Florida Statutes, (the "State Housing Initiatives Partnership Act" "SHIP"), authorizes monies in the Local Government Housing Trust Fund (the "Fund") to be distributed to the County and eligible municipalities within the County pursuant to an interlocal agreement; and WHEREAS, Collier County is an approved County and the City of Naples is an eligible municipality within the County; and WHEREAS, the County and City desire to distribute SHIP allocations pursuant to this Tntedocal Agreement; and WHEREAS, the County and the City have determined the SHIP funds can be more effectively and efficiently utilized and managed when the County and City work cooperatively to address tlle community's affordable housing needs. ~-~.._--_._._---_._.__.,-- .__.__._--_._--~-,----~ ~-- -...,...,...-.---.-..--.-.--.-' ... ._-_.~-----_.._.._---_..._..-.. NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. The City and the County do hereby agree that the monies in the FtUld which are to be distributed to the COtUlty as provided in 420.9073, Florida Statutes, shall be allocated between the County and City as follows: ..crry-.-----9:2-S% County 90.72% For Fiscal Year, 2004-05 the State allocated 9.28% of the SIDP funds to the City and 90.72% to the COtUlty. Therefore, no less than 9.28% of the total allocation will be earmarked for the City of Naples in any given fiscal year. These percentages are based upon the March 2004 SHIP program allocation distribution schedule. 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 COtUlty and the City of Naples. 2. Unless earlier terminated pursuant to other provisions of this Interlocal Agreement, the term of this Agreement shall run concurrent with the distribution of monies in the Fund which are to be allocated between the COtUlty and the City. This Interlocal Agreement entered into this oJ /sr day of April, 2004 shall expire on the 30th day of June, 2007, tUlless at such time the City and the County mutually agree to extend this Agreement or terminate said Agreement tUlder the provisions of Section 8. 2 ~,_..,_.,,--_.__._._-~_._-,---~~~-,._-. ,. "._._,._.~--,._-",~....,,,--_._,~._-_.~---_..,~, .-_. --_._'"-----,---._-,-_..,-~_._...._--_._-_._----_..,,_. u..__....____.,.. ~__.__~..w___...._~.,_ -'.. 3. The City and the County direct the Florida Housing Finance Corporation (the "Corporation") to distribute and allocate the monies in the Fund in accordance with this Interlocal Agreement and authorize the Corporation to rely on their stated intent and their authority to execute this Interlocal Agreement. 4. Provided this Interlocal Agreement remain effective between the City and The County, 60thparties agree that they will notdo'-anYthing to jeopardize the other party's right to receive its allocation from the Fund. 5. The parties to this Agreement 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 to this Agreement recognize the contributions of the joint City/ County Affordable Housing Commission (ARC) and agree to appoint ARC members to the Affordable Housing Advisory Committee. The County's Financial Administration and Housing office will be responsible for the overall administration of the programs assisted with SHIP funds and shall receive administration monies from the SHIP allocation. Said administration allocation shall not exceed 10% of the total SHIP allocation in accordance with 420.9075 (6) and County Resolution 2004- . 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 ofthe interlocal entities. 3 __._....."_.~._.,._.~_.__~...."..,.._.__.,_ . ~_'_____..~..._........"O... ....._______.__.,.________.._____._.____~~~____._.._'_.,___-,---,- 7. If at any time during the term of this lnterlocal Agreement, the City or the County which are parties to this lnterlocal Agreement believe that the intent ofthe parties as set forth herein is not being accomplished, or that the terms of the lnterlocal Agreement are not fair, such entity may, upon the giving of ninety days written notice, renegotiate the terms and provisions of this Interlocal Agreement to be effective on the lITst day of the next fiscal year. If the parties are unable.to so renegotiate the t=s and provisions of this lnterlocal Agreement prior to the commencement of the next fiscal year, the noticing party shall cease to be party to this lnterlocal Agreement and this lnterlocal Agreement shall terminate and be of no further force or effect as to such party and the funds shall be allocated according to population pursuant to Section 420.9072 (9) and Section 420.9073, Florida Statues. 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. 9. For all purposes of this Interlocal Agreement, the term "lnterlocal Agreement" shall mean this lnterlocal Agreement. 10. 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. 4 ._.....__._-_.__._.._._-,--_.__._~._~"--~._...'^._.. .. .----.....-...-..--..--.-- . -.---.--- .-...__._..._....--.~"....._._._._.._.._....._._-~..---- ~ ..._----_.._._~--"-_.._..._---- -.-"--,,.---.-- IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. DATED: .;:"",'" 1::l4"'0Lt '""~'<'~<~.<' \. A 11-2ir:6 - i' ~~.;~/ :< <:./: ~D1j " DflTGHT Fe . 6 . WM"a ....'C ,...}.. ,., S I glBt!irniil IJ~ AI>PROVEi)"~S TO FORM AND LEGAL . S,UFFICI~<f:!Yi .... ..("-, !, -~\: ",!.: -''"r- ..,,1,./': ;';;/', I. '~\,/ p' .j. 4\..- .', J' .(. PATRICK G. WHITE ASSISTANT COUNTY ATTORNEY DATED: 'f dl3 -{)'I- ATTEST: ~U;A_'~ b ~ A. NO AN, CITY; LE APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~Sr C)?,,~ ROBERT D. PRITT, CITY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA B, tl~:d..z:--- DONNA FIA: A, CHAIRMAN CITY OF NAPLES, a municipal corporation By BILL BARNETT, MAYOR 5