Resolution 2009-081
RESOLUTION NO. 2009--.ll.L
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE
ACTIVITIES AS OUTLINED IN THE COLLIER COUNTY
NEIGHBORHOOD STABILIZATION PROGRAM SUBSTANTIAL
AMENDMENT IN ACCORDANCE WITH THE PROVISIONS OF THE
HOUSING AND ECONOMIC RECOVERY ACT OF 2008
ADMINISTERED BY THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT; DELEGATING AUTHORITY TO CHAIRMAN
OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE
DOCUMENTS INCIDENT TO THE ACQUISITION OF FORECLOSED
PROPERTIES ON BEHALF OF THE BOARD; AND AUTHORIZING
STAFF TO PROCEED WITH ACTIVITIES REQUIRED TO EXPEDITE
SAID PROPERTY ACQUISITION AND REHABILITATION.
WHEREAS, on March 24, 2009, the Board of County Commissioners
approved and accepted a grant from the U.S. Department of Housing and Urban
Development (HUD), and also approved the Administrative Plan developed by
the Department of Housing and Human Services for administration of the grant
under the terms and conditions of the Neighborhood Stabilization Program as
authorized by Title III of the Housing and Economic Recovery Act of 2008; and
WHEREAS, provisions of the Neighborhood Stabilization Program require
that all grant funds be obligated for initial acquisitions of foreclosed residential
properties within eighteen (18) months of the award notice executed March 4,
2009; and
WHEREAS, provisions of the Neighborhood Stabilization Program provide
that funds realized from the subsequent disposition of properties and classified
as program income may be further utilized for eligible activities as described by
Page 1 of 4
the Neighborhood Stabilization Program and HUD, but that all transactions must
be completed by February 13, 2013; and
WHEREAS, the expeditious acquisition of property is of paramount
importance to the timely administration and successful implementation of the
Neighborhood Stabilization Program for the benefit of Collier County; and
WHEREAS, accomplishing the property acquisition and rehabilitation
within the HUD imposed timeframes, and ensuring that the maximum possible
number of properties are acquired and rehabilitated within those timeframes,
requires a properly coordinated team effort between the Department of Housing
and Human Services, the Real Property Management Section of the Facilities
Management Department, the Office of the County Attorney, and the Board of
County Commissioners, and certain processes require streamlining and
abbreviation wherever possible.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the acquisition and
rehabilitation of foreclosed residential properties under the provisions of the
Neighborhood Stabilization Program is necessary for a public purpose and is in
the best interest of Collier County, and the Board recognizes the importance of
the successful and timely implementation of the Program.
AND BE IT FURTHER RESOLVED that the Board of County
Commissioners of Collier County, Florida, recognizes the importance of the
property acquisition and rehabilitation function and its relationship to the overall
project schedule; and the Board desires to facilitate and expedite the property
Page 2 of 4
acquisition and rehabilitation process to the extent that it is empowered to do so
bylaw.
AND BE IT FURTHER RESOLVED that the following measures are
reasonably necessary for the timely, efficient, and expeditious implementation
and completion of the Collier County Neighborhood Stabilization Program;
1. The County Manager or his designees are hereby authorized and directed to
identify, evaluate, appraise, and perform all due diligence procedures necessary
for the acquisition and rehabilitation of residential properties, all in accordance
with the provisions of the Neighborhood Stabilization Program and HUD
requirements.
2. The Chairman of the Board of County Commissioners is hereby authorized to
execute Agreements for Sale and Purchase for the acquisition of foreclosed
residential properties at purchase prices in accordance with the Collier County
Neighborhood Stabilization Plan Administrative Plan, based upon appraised
values discounted at least five (5) percent, and as approved by the County
Attorney's Office for the life of the project ending February 13, 2013.
3. Upon approval of the County Attorney's Office of all documents necessary for
property acquisition, the County Manager or his designees are hereby authorized
and directed to proceed to acquire foreclosed residential properties, to follow all
appropriate closing procedures, and to record all necessary documents in the
Public Records of Collier County, Florida. The County Manager or his designee
is further authorized to prepare related warrants for payment of purchase prices
and other related acquisition costs; and the Board of County Commissioners
Page 3 of 4
hereby authorizes its Chairman to execute any and all agreements and other
legal instruments pertinent to such property acquisition, which have been
reviewed and approved by the County Attorney's Office.
4. The total acquisition cost per residential unit shall not exceed One Hundred
Fifty Thousand and 00/100 Dollars ($150,000.00) without the express permission
of the Board of County Commissioners, and the total rehabilitation cost per unit
shall not exceed Fifty Thousand and 00/100 Dollars ($50,000.00) without the
express permission of the Board of County Commissioners.
5. All title to residential properties which have been acquired in the manner
described above shall be deemed "accepted" by the Board of County
Commissioners, as the governing body of Collier County, Florida, a political
subdivision of the State of Florida.
6. The Department of Housing and Human Services shall provide the Board of
County Commissioners a monthly report of all foreclosed residential properties
which have been acquired in the manner described above.
THIS RESOLUTION ADOPTED this :J.Lj.~ay of March, 2009 after motion,
second and niajority vote.
BOARD OF COUNTY COMMISSIONERS
OF. CO~.~Ff! COUNTY2R~A
By. L".1 At!,
Donna Fiala, Chairman
Approved as to form and
legal sufficiency:
C~7r1~
Colleen M. Greene
Assistant County Attorney
Page 4 of 4