HomeMy WebLinkAbout2012-168 ids /f
:MODIFICATION NUMBER ONE TO DEVELOPER ' S AGREEMENT BETWEEN
INDIAN RIVER COUNTY AND THE TREASURE COAST HOMELESS SERVICES COUNCIL ,
INC .
This agreement is entered into in this 2rnd day of October 2012 by and between the Board of
County Commissioners of Indian River County, a Political Subdivision of the State of Florida, hereafter
referred to as " COUNTY" , and the Treasure Coast Homeless Services Council , Inc . , a Local Nonprofit
Housing Organization , hereafter referred to as " DEVELOPER" , to modify the Neighborhood
Stabilization Program (NSP) Developer ' s Agreement signed by COUNTY and DEVELOPER and dated
March 19 , 2010 , hereafter referred to as "AGREEMENT" .
WHEREAS , COUNTY was awarded a Neighborhood Stabilization Program Community
Development Block Grant ( CDBG) Contract # IODI3 4XA0 -40 - 01 - F13 from the Department of
Community Affairs ( DCA ) , which provides for the purchase , rehabilitation , administration , and sale of
foreclosed properties to eligible very low, low and moderate income families ; and
WHEREAS , management of the grant was later transferred, by the State of Florida, to the
Department of Economic Opportunity (DEO) , hereafter referred to as " DEPARTMENT" ; and
WHEREAS , said Grant allows COUNTY to contract with local nonprofit housing organizations
to administer and implement projects that are eligible for Neighborhood Stabilization Program CDBG
funding ; and
WHEREAS , on April 13 , 2009 , COUNTY issued a Request for Proposals ( RFP ) for qualified
housing developers to purchase foreclosed and/or abandoned residential units in Indian River County ,
maintain the housing units during rehabilitation, obtain sufficient information from applicants to allow
COUNTY to qualify potential tenants , and maintain and manage the rental of the affordable housing units
in compliance with all the rules required by NSPI and administered by the State of Florida' s NSPI
Substantial Amendment ; and
WHEREAS , on May 6 , 2009 , two ( 2 ) applications were received in response to the RFP , but only
the application from DEVELOPER was deemed responsive to carry out the purchase , rehabilitation, and
rental activity ; and
WHEREAS , on March l9 , 2010 COUNTY entered into an agreement with DEVELOPER to
carry out specific activities within COUNTY ' s NSP contract with DEPARTMENT ; and
WHEREAS , it was in the best interest of COUNTY to enter into a special Agreement with
DEVELOPER for the implementation of a portion of said Grant ; and
F :ACommunity Deve1opment\CD13G \2008 NSP\Contracts\Nonprotits\TCHSC Contract Amendment - Sept 2012Noditication to Agreement - Proposed
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WHEREAS , DEVELOPER agreed to utilize up to $ 2 , 101 , 264 . 50 in Neighborhood Stabilization
Program CDBG funds to acquire , rehabilitate , and accept title to and manage the rental of a minimum of
ten housing units ; and
WHEREAS , DEVELOPER agreed that a minimum of $ 1 , 082 , 282 . 00 of the proposed activity
must benefit households with household incomes not exceeding 50 percent of the Area Median Income
(AMI) and not more than $ 1 , 018 , 982 . 50 of the proposed activity must benefit households with household
incomes not exceeding 120 percent or the AMI ; and
WHEREAS , DEVELOPER to date has purchased nine (9) housing units which must be rented to
households with a household income which does not exceed 50 % of AMI and has acquired five
( 5 )
additional housing units which may be rented to households with a household income which does not
exceed 120% of AMI with funding from the COUNTY Neighborhood Stabilization CDBG program ; and
WHEREAS , COUNTY has collected NSP Program Income funds from the sale of NSP homes
through COUNTY ' s housing acquisition , rehabilitation , and re - sale activity ; and
WHEREAS , NSP regulations allow COUNTY to use NSP Program Income funds for eligible
NSP activities ; and
WHEREAS , DEPARTMENT recently informed COUNTY that a minimum of 25 % of Program
Income funds must be used by COUNTY rental activities that benefit households with incomes not
exceeding 50 percent of AMI ; and
WHEREAS , DEVELOPER , on September 7 , 2012 , signed and returned to COUNTY a letter
indicating DEVELOPER ' s desire to utilize its remaining $ 74 , 593 . 05 in originally contracted funds plus
up to an additional $450 ,406 . 95 in program income funds ; and
WHEREAS , DEPARTMENT requires that COUNTY , during the affordability period defined in
COUNTY ' S contract with DEPARTMENT, obtain from DEVELOPER certain information concerning
the occupants , physical condition , rental proceeds and expenses for each of the housing units acquired by
the DEVELOPER ;
NOW, THEREFORE , in consideration of the mutual promises and covenants , the parties agree to
the following amendments to the AGREEMENT :
Revise entire AGREEMENT as follows :
All references to the Department of Community Affairs (DCA) are hereby changed to Department of
Economic Opportunity (DEO ) .
P :ACommunity Deve1opment\CDB( JA2008 NSP\Contracts\Nonprofits\TC1ISC Contract Amendment - Sept 2012\Modification to Agreement - Proposed
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Revise Section 2 . 1 as follows :
COUNTY agrees to c t ��3rdl Z t .._ . e� ttl l� I o % ' dc DEVELOPER t« p l c t l..._. . 1 � � t�t � [ i s \z l
l: .... � tl' .t��
. 1 € # _"' ) I j) 71 i ' in Neighborhood Stabilization Program Community Development Block
Grant (CDBG) funds , as outlined in Appendix F , Budget
Revise Section 7. 1 " Period of Agreement" as follows .
This Agreement shall take effect upon execution by both parties , and shall end upon tstt the
end of [ lie
\eill o lllt eN1) II 11IoIl of the 1111_kct1 ._ i._l . 5 ) Nl _411 kIiford Ibil t \ period t �>_z:.. tIi . 1'.FO
!)� gtr tII tt
. .. . .
l�L.. weep (: ' E ) l tN 1 alld 1 � 1 : ' ,-- 1 6 tt°tt t
1 : 1 unless terminated earlier in accordance with the provisions of Paragraph ( 7 . 2 )
below .
Revise Section 18 .2 as follows :
l ) 7 � t° h � } _� d11tIIi compk %\ III ) the 1%' C111A lll-oper [ y Allntltl 1,Z' Cli > rt Noilhill It
' Ind
sI) all tll til 1) IO c cl closeot.11 . pro \ , Je �mc ? I tllf . . tit 14 tll, cl ttC: ; tb ' .tltc
{ . ot il\ _chat NS1 ' pro lls'Th ; Ictl \ Ides
LISHIt ' the S , Ilnplk: llloflitol• il_w' illSt ]-HItW:.t3t:.._<ttt t� l � a_c1 Is AppelAIN 1 01* OdIC1W) I*C ci_ 01)011
1Or_nfat. . _: ! -; aiiyj:
flit,) Hf1 3i' iI4 ' I { Irti't}{list?f r ttxl '11� i1 Ei AI)
lt€ 3 c1 ( R 1 , etllitzfiti ltE 1 } 1Ik13i` 3llit3 Ei3OIll t3F3F94 i3 tc{ lF4c `tt) 13
t } wtd 1}
C t11. 1l' . ( )t1I%:° I° Iticfi ' MVS I1KfV Aso l , e .�itlli ��7t1 .
Revise Section 23 . 9 as follows :
COUNTY agrees that DEVELOPER may t�k: ll to III > fet tlMliNhip ol; the NSP properties in the future
to
non-profit organizations that qualify under NSP program rules . All requirements placed on DEVELOPER
shall flow down to any qualified subsequent purchaser of NSP properties . DEVELOPER must provide
notice to COUNTY a minimum of sixty (60) days prior to transfer of deed . The qualified subsequent
purchaser must become a named party to the Agreement.
Revise " Appendix A Scope of Services '
The Appendix A , Scope of Services , section of the Agreement is hereby deleted and is replaced by
the
revised Appendix A, Scope of Services , which is attached hereto and incorporated herein by reference .
Revise " Appendix F Budget" :
The Appendix F , Budget, section of the Agreement is hereby deleted and is replaced by the
revised
Appendix F , Budget , which is attached hereto and incorporated herein by reference .
Revise " Appendix H Addendums to the Developer ' s Agreement" :
The Appendix H , Addendums to the Developer ' s .Agreement, section of the Agreement is hereby deleted
and is replaced by the revised Appendix H , Rental Property Annual Report to Indian River County , which
is attached hereto and incorporated herein by reference .
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Revise " Appendix O Timetable" :
The Appendix O , Timetable , section of the Agreement is hereby deleted and is replaced by the revised
Appendix O , Timetable , which is attached hereto and incorporated herein by reference .
All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be
and are hereby changed to conform to this Modification, effective as of the date of the execution of this
Modification by both parties .
All provisions not in conflict with this Modification remain in full force and effect, and are to be
performed at the level specified in the Agreement .
IN WITNESS WHEREOF the parties hereto duly execute this document as of the day and year
first written above .
ATTEST INDIAN RIVER COUNTY , FLORIDA
J . R . SMITH BOAJ D OF COUNTY COMMISSIONERS V a '
CLERK UIT CO 'in `
Peter D . O ' Bryan , Vice C airman
DATE : �(� — Qo2 - ��� DATE : �1� (5� ® f � .Q . ,
�
4�✓ • o+
Jgo9 � R C00
ndnnnuun
DEVELOPER
TrLuale oast me ess Services Council , Inc .
01
Witness y : Louise ubbard , Executive Director
DATE : �lJJi DATE :
Reviewed as to form and legal sufficierwy.
i / J
County Attorney ' s Office
Date
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APPENDIX A
SCOPE OF SERVICES
OVERVIEW
(} n_.......Sep.tt_nlher........t l , 2009 . =1Tthe Florida Department of Community Affairs awarded a $4 , 680 , 825
Neighborhood Stabilization Program (NSP) Community Development Block Grant (CDBG) to Indian
River County . Management of the orant %yas later transferred . by the State of Florida.. to the Department
of Economic Opportunitv MLO) .
Seventy - five percent ( 75 %) , or $ 3 , 598 , 543 , of the $4 , 680 , 825 must be used to acquire and rehabilitate
foreclosed homes for sale and rental to individuals and families with incomes that do not exceed
one
hundred and twenty percent ( 120 %) of area median income and for grant administration . The remaining
twenty - five percent (25 %) of the county ' s NSP funds ( $ 1 , 082 , 282 ) must be used to provide rental housing
for individuals and families whose incomes do not exceed fifty percent (50 %) of area median income .
NSP funds must be used to purchase and redevelop abandoned or foreclosed properties fen• rental to
inc.o lie ._elr ;
It is understood by all parties that Indian River County shall have the authority to determine if a specific
property may be acquired as part of the NSP .
In carrying out the project , the county grant administrator will perform the following programmatic
services :
• For each property being acquired , compile required information for a HUD site specific
Environmental Review and submit that information to DCA . Track site specific Environmental
Review through DCA until approval ;
• Research the zoning and land use of each property proposed to be acquired by TCHSC , and ensure
they are compatible with the intended use of the property ;
• After TCHSC completes the due diligence on each property , provide a recommendation to the
County on whether or not to proceed with the purchase of each property with NSP funding, such
recommendation shall be based on the findings and results of the due diligence ;
• Maintain all records relating to the NSP program , including the files created by the Developer ;
• Coordinate and participate in all DCA and HUD monitoring visits related to the NSP ;
• Respond to all DCA and HUD monitoring reports ;
• Respond to citizens complaints ;
• Complete all DCA and HUD required NSP reports ;
• Schedule and conduct all progress meetings for the NSP ;
• Review all Treasure Coast Homeless Services Council, Inc . program files to insure compliance
with NSP requirements ;
1 #t:,...the 4 Feast"
SolicAc Trrt " 11 racczrccr s rcz . iiit tidiil bUt title �.
ef3-v����nn�� �� tal--ef�g il3eer�, :.s17eLi�ali 5t�;.-lea{� -il t�:{�e� tars;--tti�H�it-e-i�3sl3rat, # c�t :�--�E1-�:t+r�e;� 4� ��s
• Review the applicant list to verify qualification for the NSP and to identify potential conflicts of
interest ;
• Prepare the program closeout documents ;
The specific tasks to be undertaken by the Treasure Coast Homeless Services Council , Inc . are :
■ Locate housing units within the NSP target areas that are eligible for purchase utilizing
NSP
funding ;
FXommunity Deve1opment\CD13G\2008 NSP\Contracts\Nonprofits\TCHSC Contract Amendment - Sept 2012\Attachments to Modification
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■ Negotiate with financial institutions for the purchase of NSP eligible properties that the Treasure
Coast Homeless Services Council , Inc . is interested in purchasing ;
■ Ensure that all offers submitted for the purchase of properties contain a property option contract
addendum that conditions the offer for purchase , at a minimum, on DCA ' s acceptance of the HUD
site specific Environmental Review for the specified property and provides that the earnest money
deposit is refundable if DCA does not accept Environmental Review ;
■ For each housing unit considered for acquisition with NSP funding , develop a list of property
improvements and an estimated cost for each of these improvements that will need to be
completed prior to the housing unit being occupied ;
• Complete the due diligence on each property, including but not limited to the following :
• Obtain a property appraisal report to determine the fair market value of the property,
• Obtain a title search of the property to verify the ownership of the property and ensure that
there are no outstanding liens on the property ,
• Obtain a Phase I Environmental Site Assessment for the property to ensure that the property
has no history of contamination,
• Obtain a lead inspection of the property, if the property was constructed prior to 1978 .
• Obtain an asbestos inspection of the property,
• Obtain a termite inspection of the property to ensure the property has no infestation,
• Obtain a survey of the property to ensure that the property has no encroachments and that the
floor elevations of the structures on the property are all above the required flood plain
elevations,
■ Review due diligence reports on housing units being considered for acquisition by the Treasure
Coast Homeless Services Council , Inc . and reaffirm original recommendation to purchase the
units ;
■ Coordinate the closing and transfer of title from the original mortgage holder to the Treasure Coast
Homeless Services Council, Inc . ,
■ Take title to the NSP housing units that the Treasure Coast Homeless Services Council , Inc
.
desires to acquire ;
■ Develop a work write up and price for rehabilitation of each property purchased by Treasure Coast
Homeless Services Council , Inc . ;
• Oversee the construction contract award, construction contract signing and construction associated
with the rehabilitation of the NSP housing units ;
■ Maintain the NSP properties acquired by the Treasure Coast Homeless Services Council , Inc . as
affordable rental housing for the minimuim amount of time required by DEPARTMENT . The
minimum amount of time required by DEPARTMENT shall commence with the date of
completion of rehabilitation (if applicable) of the housing unit or from the date of acquisition if no
rehabilitation to the housing unit is required .
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o Maintaining the properties shall include activating and maintaining all utilities , obtaining
and maintaining property owners and liability insurance , collecting rents , keeping the
housing units insured, maintaining reserves , performing property maintenance , evicting
tenants as necessary , securing and qualifying new tenants as well as physically maintaining
the property .
o To ensure each residential unit purchased under this program remains affordable , the
Treasure Coast Homeless Services Council, Inc . shall place a deed restriction in favor of
the County, limiting future tenancy to qualified residents , as deemed by the program
requirements . The life of the deed restriction shall correspond with the minimum amount
of time required by DEPARTMENT that the NSP properties remain affordable . The deed
restrictions shall be in a form acceptable to the County Attorney ' s Office .
■ Maintain all records required by the NSP relating to the housing units and applicants that
the
Treasure Coast Homeless Services Council , Inc . acquires through the NSP and provide a copy to
the county grant administrator ;
■ Participate in all DCA and HUD NSP monitoring visits ;
■ Provide the county grant administrator with sufficient information relating to the NSP to respond
to DCA and HUD monitoring reports ;
■ Provide the county grant administrator with sufficient information to respond to citizens questions
and/or complaints ;
■ Attend all applicable CDBG NSP progress meetings with the county grant administrator ;
■ Allow review of NSP TCHSC project files by representatives of the county grant administrator;
■ Identify potential applicants to lease the NSP housing units the Treasure Coast Homeless Services
Council, Inc . has acquired and process the applicants for program eligibility ;
■ Ensure that no potential conflicts of interest exist in the acquisition, rehabilitation or occupancy of
the housing units acquired by the Treasure Coast Homeless Services Council ;
■ Submit evidence to the County on an annual basis , as required by DCA that the units
remain
occupied by qualified tenants , for a period of fifteen years from initial occupancy ;
Provide to the County an annual report of revenues and expenses related to each housing unit,
during the time period required by DEPARTMENT on or before an annual calendar date
acceptable to DCA ;
■ Market the property to attract potential tenants ; and
■ Include annual financial information regarding DEVELOPER ' s participation in the NSP in its
annual audited financial statements and provide copies of those statements to the County grant
administrator for each of the fiscal years that DEVELOPER participates in the NSP .
P :ACommunity Deve1opment\CDBG\2008 NSP\Contracts\Nonprofits\TCIiSC Contract Amendment - Sept 2012\Attachments to Modification
AgreemenWevised Appendix A. docx
APPENDIX F
BUDGET
DEVELOPER shall adhere to the following budget in carrying out this Agreement . LrN! H" A49 AV .^ -:si'
xir 11rz > n r ► r � r� t „ tr, ,, r� , , ,a , . ., + , , , ,. . , ,, �>1 t . , , „ ,�� t1, ; , . ,1 �. �,. , ,,, ,,
, � + Actual line items rnav be more or less
b
than shown , provided that the total does not exceed the amount of available NSP funds showt7
in the
budg7cj__. b lolv or the amOunt Of JCW11
_.._NSP f1i.nds avaikrblc to the County to disburse to . TCHSC
LNvhichev r is less) , County Staff alid TC11SC shall coordinate as needed to ensure that sufficient NSP
funds are available ft.rr the. TCI to acquire , rchab , and rent up to 19 houSin �,) units . If sufficient
funds
are not available to acquire . rehab . and rent up to 19 housings units , the total number of housing units
that
fCHSCacquHr� ti , rc, habs . tnd rcnts. Shall be reduced ac,cordin l �-,
BUDGET
Estimated Purchase and Rehabilitation .-- --J"-;847-;71.5 :-5(1
$2 , 173 . 099 . 45
Developers Fees ( Based upon 1 %)... 19homes being acquired) * % --2-1-€} 42A� W
$260 , 772 . 00
Estimated Due Diligence
$ 38 , 000 . 00
Estimated Maintenance & Insurance for Four Months S 20nnn nn
79� 800 00
TOTAL
]l-t C' 11 i r1rum_I3udgt_t ---2;-1-1)-1;24=1:x()
$ 2 , 5511671 . 45
* If the Developer Fee amount reflected in the Budget above exceeds twelve percent ( 12 % ) of the actual
acquisition and rehabilitation costs for acquired and rehabilitated properties , the Developer ' s Fee shall be
reduced so that the total fee paid to the Developer shall not exceed twelve percent ( 12 %) of the total
amount expended to acquire and rehabilitate the properties .
F :ACommunity Development\CDBG\2008 NSP\Contracts\Nonprofits\TCHSC Contract Amendment - Sept 2012\Attachments to Modification
Agreement\Revised Appendix F . docx
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� .IN � ` 4 ) 1. _14-
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s . yyii gAY�`l�� 6p4�;Z5,ig�$#RaAigi� iT:"ggW..ygW
trl�� € IIIA 11a �_ till pal %t� � rt�clr �r��� ��� i+� thi 's kli�H4�- fillet: # � 4ha—l-Aw-a ck1lits RtJI-%refit-abilitationI
each
lczet � illltitr �� s – tt ,tri1 tit-til,
tit tht%� I ,.1•Eap lit -', tot he 11 tit.3IR. d 4:1r..:the C0*4 « 1 ' illt tile a t,: tjttrtt1) r ,���t: r°t �
\.v: ill l4st -t> 1 rtt fltrle tile llctttttl eost of tllc . rt� tltri ititlrl t>1= rill tl ilttrtis � rr t > (`
tirc i � iEi <i i � >i�Lr°t .
APPENDIX It
RENTAIII, PROPERTY ANNUAL 111. 111PORT TO INDIAN RIVER COUNTY
I - 0 ( ' ( j ! PAIZ14 QUIR NJ�'� "I ''
B ,), itillil ) yvilli tile 11116 : ll 111 i). r, tti)clties purchased by ISI_Ni '. t , OPE util € /. iut� NSP
.. .. . . .
l `(ttld1 ; 1L° f:llid tclr ZIll stlh � e tlttc' 1tt o culIlan :_r.e , D[ �' � ., :: OPI 1� .`� ht 1 .
1) 1 ( ) 1 to tlle occllpallc\ tai , the m1olItert \',.
... .
I?n I 4dlltrt icl"1i € rtli) 1' lll � rtrt) €1 oil I) I" IlE ) as tt tc llditith tt> eIISL1 € c' thclt
t11e 1eI1 1 €1tS T1lt t t t11e
t � tuttll�1c_1)tk, offile "\SP 01I 111cludingY income and conflict of urtcgc -:�t irlltlrlllatloll for tll _ _hou
` rl1t:,
unit shat „ the telmilk mit ha occup \ ill(2m. .. _ I lit it11 '61111 � 1 [ 10 € 1 hr () � € de(i t ( ) (' 01' ' N 1
Y shl 111 h �; til `lit: icllt 101
CO ( N ill to docullltllt (_ tlTtII) ] Itrlic witl;t.. _ . tll NSI' 11rt) 0,11171„ tccirrtrcrllc t) t . D1 CI 1 : t
OP) tZ Shall € o [ , Alli \\
..... ..
t ?c.'c11P? t110 t > 1 auv 110114, ilWl _uttrt h) I i114(7j) 0 ,S d_ ttrlltlt hotlMicll �luntil COI, N 11' 31T �� ilrt> rd
� kl r \ rrttcTl
_ _
11�I� ltt \ <r_l _.. e1t „ � � 111 1r <: � s � 1 . ._ ltt hII- cltr , ul . . ,tit. it l' \ tl1c . .._ltis \pos d teni111t Ito}
r > � ciltlle ! I;_Itts fc__tl € ltlt ttl) jlrtg \ i1
ilrtt ` es, shall continue lor eJ h ChillWYc. til ` EMc_cull rrICN ltll„ each 11OLIS1110 1. 11111 �ICQLHred
alld' olo r•c_llm itcd
€ tti.lt { trr ", 'Sl ' 1i1r11tiiI until IIIc 11e.r'1_0Ci t1 I a11t1r ]l 11 ) 11ite tslr t:l:> c I) rop rt . .
II is bee II c._��r 1i11et �: d tttd ttic note
. .
llmio! t = > tt ' cand related dl ? C11r1 i uta 011dim7 tilt 1 %J6rd hilito perriod It. ti � been ex cutcd
hr t__ M N 1 1
I ' I ` IC " 1 , 11: 11 - 1� II; IC) I ' I ' Iti IZIt; 11111 „NII % N 'l° '
lea 2111171 im \\ rtil the calc l tr \ car ru which 1 pI_0llert `':._ 14,: CIIcE1 \\ tt;h NSP
_._funding is injt1tllv ockmu_p cd and
c' 11t1I1 � ' it 11 the k, lki 31 the i' 11ti1 �� 11 � tr�� i11 t \ hIch IIle atlordabiIity period fc(11„ tit that
J%irooerj � rIceltlil-ed hs
I ) l °: t • l L ( ) 111 , , vvrtt ) NSP t �Undi1w clleis _ I31 I l , ( � l 1 K ShIlll OlNmi � e C
AJN1 � fill ilie. t011mvru�r _ 7j � ills :
_. . m. _ . . _. . _ .... .. ..... ...._. .
_ it iIId rc. lidc11t ullIi <ll kIlmId1 sof I ) 1 V 1 ' 1 01 ) I_R S t} t 4,1II <t_trtlu C-tlucl_ctc1 C d ill
1t1 t.1cCrcttiifC
�1ccs � litattu , I rrll . . tt:ccti till lc to ( ( ) ( � 1, I he independent_ arlrit}�i1 111dit , hill al
`t
ItlruiT111tr11 111cllldc1T11tlitttltit } !1 {111 thc..._``ros tenth rccci \ c. tl...._. th : E' xpellses Incurred 4111d
the
IVs l_\ c': . . Wild:, .. ._ _t \ < ttl hlc on thc --_NS.I' . a1_t. __tht.:... 4ud ofth r_ooltilit:_titrloci I`i_)c
Inde. 11t_rldi ut _ , �tlydit shall h i ro\ idLd til.__ 01_ IN' 1 Y rltl later than the last
tlav of fuuc° 01 the.
1't tleryy° ir1 � <.Ialelldi tr _ ... _..
p
c t
I '� \ 1 � ci >. CI �11t > \\ r11�1 tilt Ic. ttt rl 711coIII lI)
: d e. \ I15
I) �. > 60 tell NSI '. Ilr � erThe loci cr shall
he prm idcd to C ( NT Y rlt ) l iter- [ hall tile, l 1st„ ( t 1 tat Febrummy c � 1 the
tt11lowil1 ') C . lcuc tir
t lr and sh ill lilt ltldc 1t _a fill Illtlltlrtr , ( Ili 1 \0110 \N It ) (., itllt ) rn rtlt)11 _
I . l Iii: t11ilourit of Al rbc11 h collected oil
l__�'_a h NASI' l� t_ctllclt�_. _durillo tilt c: atcud11•
v cel l;
' 11
sect ] ritv ( 1epo5its bN,,� � rkld16eSs cutIeII I � head bN1 � I V I I O1 ' 1 4 R tlr rte,
rtlarl < 1tm;culcut iIr111 I o r ti Ie IS1 ' hl�cll7crtIes
._'411 expcilses incurred on each NSP 11l"0j )c ct `r dUl"iHO tllc calcud 1r vet1• ;
FXommunity Development\CDf3G\2008 NSP\Contracts\Nonprofits\TCHSC Contract Amendment - Sept 2012\Attachments to Modification
Agreement\Revised Appendix fr . doex
4 . All expenses associated with managing the property . 1= or example the cost of`
the annual audit . Direct management fees shall be limited to an amount equal
to no more than ffle_en percent� _.f> "1oZoi` the amount of total rents received
durim)the calendar v ar ,
5 . The amount of- Funds in the reserve account at the beginning and the end of
the calendar near ; and.
6_. the reagerve„ account exoenditffes for thy, calendar yeat*
C ' . Proof from CO ( 1NTY property al:rpraiser ' s office that the tax exemption for each NSP
propertywas atpplicd for and recei )✓ed . The proof shall be provided to COUNTY no later
than„ the last da .y of _februa_ry ofthea. folli wim ) calendar vecir ,
D f mm videnee „ b .oram the insurance pr_ oNrder. that the faro, ertti t5 insured for full reel .ee
►nent
value and that (:' OUNTY is named as additional insured on each policy . The evidence
shall be provided to COUNTY prior to the last day of' January of the followinQ calendar
year .
ARTICLE, III - ANNUM: , INSPECTION REQUIREMENTS
During the affordability period , DI VI I OP R s11all , prior to the end U_{' February of each _calendar
) ear,
arrange for a fel? tesentative _o { ( ;' 01 iNI to inspect the interior and exterior of_cach housing unit_a_cu ' red
......_ _
and /or renovated v% ith NSI' fundis . CO [ ' N' " Y representative shall complete an inspection report
for
each housirlta unit . ,'1t a rlrinimur11,:tIinspection ie �cl rt shall contain the following:
A ..._ Int ormatlon on the condition %of each exterior elevation cit th pi,R( vti l
B . Information on the condition of the walls and floor covering ,
C . Information on the condition (and. operation of the exterior doors , interior doors and
vvindows ;
D . Information on the condition of the li ,11it fixtures and ceilimy tans ,
FS
Information on the condition of the kitchen and bathroom cabinetry :
F Information on the condition and operation of allplumbing fixtures : and
G hilormation on the condition of all ;jpl�hanccs purchased with NSP funding .
ARTICI.., E IV - FUND FOR RESERVE AND REPLACEMENT
An amolint coual to ten _thousarrd dollars ( $ .10 , 000j,11 TrA) ert_purchas d and /or renovated xvith NSP
{undine shall accrue in D1T `,l I OPI_ It � NSP properties favid foe Reserve Replacement At the enc{ �7f
each calendar year when the funds in the NSI' properties Reserve for Replacement account exceed
an
amount ec ual to ten thousand dollars ( $ 10 , 000 . 0O ) >>er NSP property acquired , DEVELOPER may expend
the additional funds received for NSP clir ~ iblc activities . The annualaudit report sUbmitted by
DI I L OPI R to C_OL NIN shall include_ information on the ex . enditure of the NSI' protorarn
income
funding received and the amount retained in the Reserve for Replacement .
At the„ umctusion ol,' the affordability 1icrrod_, the f,rnrds remaining in the Reserve
....._and Rerflace_rne >_Zt
account shall be retained by l ) 1 ? VL; I , OP1 _? R .
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APPENDIX O
TIMETABLE
The work items and time line that would be utilized to carry out Indian River County ' s Neighborhood
Stabilization Project (NSP) are as follows :
WORK ITEM DATE OF COMPLETION
1 . The County selects an administrator for the project . Complete
2 . The Administrator develops a draft of the County ' s
NSP application for review by County staff. Complete
3 . The County reviews and finalizes the NSP application
and submits the application to DCA for review- and approval . Complete
4 . The County submits the administrative desktop monitoring
Package and administrative contract to DCA for approval . September 2009
5 . The Administrator develops a draft solicitation package for
non-profit organization that have shown an interest in becoming
partners in the County ' s NSP program . Complete
6 . The Administrator begins Phase 1 of the CDBG Environmental
Review process . Complete 2009
7 . The County solicits for non -profit organizations who wish to
become the County ' s partners in the NSP program . Complete
8 . DCA approves the desktop monitoring solicitation package and
the contract for the NSP project administrator. March 2010
9 . The County receives the unexecuted NSP contract from DCA Complete
10 . The County returns the NSP contract package , including
attachments to DCA Complete
11 . The County receives executed NSP contract from DCA . Complete
12 . Phase I of the Environmental Review process is completed . Complete
13 . The County obtains the Release of Funds from DCA . Complete
14 . The County selects the Treasure Coast Homeless
Services Council , Inc . ( TCHSC)
as an NSP partner Complete
15 . The County, along with the TCHSC , finalize
the activities to be carried out with the NSP program funding . Complete
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16 . The TCHSC develops a list of qualified properties . March 2010
17 . The TCHSC Developer ' s Agreement is finalized and sent to DCA
for review and approval . March 2010
18 . The County solicits for and selects a pool of qualified contractors
to be utilized for rehabilitation of housing units if required . Ongoing
19 . DCA approves the TCHSC Developer ' s Agreement . March 2010
20 . The County enters into Developer ' s Agreement with TCHSC to
carry out the program . March 2010
21 . The TCHSC submits a list of qualified properties they are
interested in acquiring April 2010
22 . Option contracts on properties are negotiated April 2010
23 . Due diligence is conducted on the properties May 2010
24 . Eligible properties are purchased June 2010
25 . Work write-ups for property rehabilitation are developed
and contractors are secured July 2010
26 . Rehabilitation contracts are signed, construction commences August 2010
27 . Families to purchase and lease properties are selected, eight ( 8 )
hour educational classes are completed September 2010
28 . The rehabilitation of the units is completed; housing units
are occupied October 2010
29 . The County and 1 'C1CSC execute Modification # 1 to the
IPSP Develope ►° " s ,lgree ►nent between lndiiin River County
and It ` lIS (,_ rnereasimY hindimj f'(-) r NSII activilies . � _ _ � Octob r '1012
30 . The TC1-1SC identifies up to 4 qualified properties they are
_ interested in aequiriirt4 October 2012
3 l . Optionn coillracts on 1projjg tte 5, are n oti it c _.. . _ ._ .. . ...__C}ctabcr - November? O l
32 . DL► e diligence is conducted Oil the properties October Not- cmber 2012
3 .19 1mm1r„ iblc prot)eiiies. are DUrchased ------- _Novembei — December 2012
34 . Work write-ups for property rehabilitation a ► t developed
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(rnd contractors are secured Noveniber December 2012
i . Relhabllltation contracts are swriled . constriction continences December 101 ) kmtiary '� 01 >
_ _
-6, Families to lease properties are selected January F' cbruary 201
37 .% 1 he r_elwbilttation of the-_. u% nits is corl pletcd .._hou................ rI � utIItS
are occttpicc) . .......- -..____. _ �___._.� . ._. _. _ .. __ ...___-._ Januar . I ' cbiaiar _2011
��438 . The administrator prepares the close -out documents and the
County reviews and submits the close out package to the state . Dec fl r N-1-OA mi 1201
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