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Resolution 278-2009 RESOLUTION NO. _~78_, 2009 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA APPROVING AN AMENDMENT TO THE 2008/2009/2010 LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM, AUTHORIZING THE ADOPTION OF THE "CITY OF KEY WEST, FLORIDA IMPACT FEE PROVISO FUNDING (IFP) STRATEGY" AND THE SUBMISSION OF THE STRATEGY TO THE FLORIDA HOUSING FINANCE CORPORATION. WHEREAS, the Florida State Legislature provided $20,000,000 in down- payment assistance funding under the 2008 Appropriation Act, Specific Appropriation 1616; and WHEREAS, The City of Key West, Florida applied for and was awarded $2,000,000 in Down Payment Assistance /Impact Fee Proviso (DP AlIFP) Funding; and WHEREAS, the Florida Housing Finance Corporation is responsible for administrating the DP AlIFP funds, and selected the State Housing Initiatives Program (SHIP) as the financial delivery system for these funds; and WHEREAS, the Board of County Commissioners of Monroe County authorized the Monroe County SHIP Program Administrator to administer the special award of DP AlIFP funds to the City of Key West, Florida effective December 17, 2008 by virtue ofBOCC Resolution 512-2008; and WHEREAS, this award of DP AlIFP funds shall be called the "City of Key West Impact Fee Proviso Funding (IFP) Strategy"; and WHEREAS, the City of Key West, Florida Board of Commissioners has approved this strategy. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County Florida, that the County hereby: Authorizes the amendment to the 2008/2009/2010 Monroe County Local Housing Assistance Plan to incorporate the "City of Key West Impact Fee Proviso Funding" (IFP) Strategy and submit this strategy to the Florida Housing Finance Corporation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 16th day of September, 2009. Mayor George Neugent Mayor Pro Tern Sylvia Murphy Commissioner Mario DiGennaro Commissioner Kim Wigington Commissioner Heather Carruthers Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONER OF MONROE ~TY, FLORIDA By: p"'~J!~ 'oJ~,e4-- Mayor George Neugent A rtEST:DANNY L. KOLHAGE, Clerk By: CJ-.~~~ Deputy erk Approved as to legal sufficiency: Date: ..,. <~') ~ ('"') .-,.. ~.J r~~ ....;-1; (O;:.::;!- f: ~3 ~~: . '.:-J .:r: :;-... ;-i :t> '1 C") r- fi1 ,....., ~ qj N c.n -0 :z ...." r- f'Tl o ...." o :::0 ;0 ", n C) :::0 CJ - .. en co RESOLUTION NO. 09-225 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, ADOPTING THE HOUSING ASSISTANCE STRATEGY FOR THE CITY OF KEY WEST IMPACT FEE PROVISO FUNDING; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Key West approved a reduction in impact fees by twenty-five (25%) for eighteen (18) months; and WHEREAS, the City applied for and received Itnpact Fee Proviso funding in the amount of $2,000,000 for the Florida Housing Finance Corporation pursuant to Special Appropriation 1616; and WHEREAS, the City authorized the Housing Authority of the City of Key West, Florida to act as the agent for the City of Key West in the ilnplenlentatiol1 of said funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA AS FOLLOWS: Section 1: Authorize the Housing Authority of the City of Key West, Florida to request the Monroe County Board of County Commissioners to revise Monroe County's State Housing Initiative Partnership Program (SHIP) Local Housing Assistance Plan (LHAP) providing for the Housing Assistance Strategy for the City of Key West In1pact Fee Proviso (IFP) Funding as attached here to. Section 2: Authorize the Housing Authority of the City of Key West, Florida to prepare and advertise a Notice of Funding Availability (NOFA) in accordance with the City of Key West utilizing State of Florida Impact Fee Proviso Funding awarded by the Florida Housing Finance Corporation. 1 Section 3: That this Resolution shall go into effect immediately upon its passage and adoption and authenlication by the signature of the presiding officer and the Clerk of the Comnlission. Passed and adopted by the City Commission at a meeting held this 1 st day of September, 2009. Authenticated by the presiding officer and Clerk of the Commission on the 2nd day of September, 2009. Filed with the Clerk on September 2 ,2009. 2 B. (I) Name of the Strategy: HOUSIN(i ASSISTANCE STRATEGY FOR THE CITY OF KEY WEST IMPACT FEE PROVISO (IFP) FUNDING a. Summary of the Strategy: Funding assistance for the purchase of residential properties located within the city limits of the City of Key West, Florida and up to Mile Marker 12, upon authorization by Florida Housing Finance Corporation including condominiums and town-homes. Impact Fee Proviso (lFP) funds may not be used to purchase nlobile homes. b. Fiscal Years Covered: 2009-20JO,2010-2011 c. Income Categories and funding set-asides: Very low I 5600,000; Low I $600.000; Moderate I $800,000 income households Funding set-asides may be reallocated within the above income levels if funds can not be obligated in 90 days, upon authorization by Florida Housing Finance Corporation. d. Maximum award: The IFP Mortgage loan is not to exceed the amount necessary to ensure the eligible purchaser's principal, interest. real estate taxes and insurance (PITI) paynlent does not exceed 33% of their amIual household income andlor an 800/0 loan to value. whichever is higher. The purchase price of the housing unit may not exceed $400,000. Inspection costs in excess of the maximum award will be a program expense. shall not exceed $350.00 and will be a grant to the borrower. e. Terms, Recapture and Default: IFP Mortgage loans will be a deferred payment loan for a period of thirty (30) years with zero % interest. The mortgage shall include standard provisions for enforcement of the terms and conditions contained in the mortgage including judicial remedies. The loan will be due and payable in full upon sale or transfer of the property. thirty (30) years. failure to conlply with the terms of the SHIP mortgage or death of the last surviving homeowner. In the event of the death of the last surviving homeowner, any income eligible heir residing in the home may assume the SHIP Loan as long as they can obtain title to the entire property within one (1) year of the death of the last surviving homeowner and the first mortgagee consents to the assumption of their loan. f. Eligibility Requirements; 1. Applicants IIlUst derive at least 70% of their income from gainful employment in Key West. 2. Applicants may not own a second home. 3. The dwelling unit purchased must be owner occupied. 4. The dwelling unit purchased must be financed with a federally insured financial institution. In the event other financing methods are utilized and approved by the SHIP Adnlinistrator, the SHIP Note and Mortgage must be a first mortgage. g. Recipient Selection Criteria: Funding is available for cOffiruitment to individual applicants who have valid contracts for purchase for eligible homes and secured a fixed rate or an adjustable rate with the first five years fixed first mortgage (no reverse or interest only mortgages will be considered) on a "first come / first ready basis" . In the event there are more applicants than funds available for any income set-aside, upon completion of the initial advertising, a lottery will be utilized to determine what order applicants can participate. Applicants who have been detennined to be income eligible for program assistance will be placed on a lottery waiting list and receive a SHIP Commitnlent based on their position on the lottery waiting list. Applicants must execute a contract for a housing unit and secure a loan comnlitnlent within 45 days of receiving their SHIP Commitment. Short sales are not considered a contract until all parties have executed the agreement. Applicants must close within 90 days of receiving a SHIP Commitment. Applicants may subnlit a completed application to the Monroe County SHIP Office at any time, unless the waiting list is closed or until funding is expended. h. Additional Information: Buyers must contribute a minimum of the sales price of the unit as a down-payment as follows. Very-low Income 1 % Low Income 2% Moderate Income 3% The property must meet minimum health and safety standards as defined under the U.S Department of Housing and Urban Development's, Housing Quality Standards (HQS). i. Maximum Sales Price: The maximum sales price shall be $400,000.00 j. Shared Appreciation Provision: All funds under this strategy are subject to a nlortgage that shall contain recapture provisions which provides for shared appreciation between the buyer(s) and the Monroe County SHIP Program's Housing Assistance Strategy For The City Of Key \Vest Impact Fee Proviso Funding unless the unit is regulated by a recorded affordable housing restrictive covenant. The amount due the Strategy upon sale or transfer of the property shall be 500/0 of the appreciated value. The appreciated value shall be the difference between the original purchase price and the sales prices less any real estate conunission and less the value of any permitted improvements. k. Program Income: RepaYlnents from this strategy may only be utilized to purchase properties within the city limits of the City of Key West and up to Mile Marker 12, upon authorization by Florida Housing Finance Corporation. Housing Authority of the City of Key West, Florida 1400 Kennedy Drive, Key West, FL 33040 Phone: (305) 296-5621 Fax: (305) 296-0932 Board of Commissioners Frank T oppino Dob Dean Juanita Mingo John G. Parks, Jr. Roosevelt Sands, Jr. Executive Director J. Milonel Castillo, Sr. EXECUTIVE SUMMARY IMPACT FEE PROVISO FUNDING The City of Key West submitted an application prepared by the Housing Authority of the City of Key West, Florida to the Florida Housing Finance Corporation for $2,000,000 for do\\'ll payment assistance fhnding in December, 2008. The funding could only be utilized for acquisition of residential properties to assist State Housing [nitiative Partnership (SHIP) program incon1c eligible applicants. The Monroe County Board of County Commissioners approved a resolution authorizing the use of the SHIP program as the delivery system to distribute lmpact Fee Proviso (IFP) Funding. The Florida Housing Finance Corporation awarded Impact Fee Proviso Funding in the amount of $2,000,000 to the City of Key West in March, 2009 subject to the SHIP program rules. On April 23, 2009 the City Commission authorized the Housing Authority to act as the agent for the City for the IFP progrmn and requested Commissioner Gibson to serve as IFP Liaison. The Housing Authority established an advisory committee to make recommendations regarding the Housing Assistance Strategy for the Impact Fee Proviso Funding. The committee was cOlllprised of: Barry Gibson, Key West City Commissioner John Parks, Key West Housing Authority Commissioner Mark Rosch, Executive Director-Monroe County Land Authority Groar Garcia, City of Key West Community Housing Committee Chairperson Jon Ashby, Esq. City of Key West Community Housing Committee Member John Dolan-Heitlingcr, Consulting in Solutions & Metrics (Banking Professional) Paul Clayton., City of Key West Workforce Housing Coordinator The committee reviewed much infonnation to include market and real estate data, financing scenarios and participated in lengthy discussions and recommends the attached strategy for the Commissioner's consideration. Also attached is a brief program sumnlary and background information. 2009 M()NROE COUNTY & CITYOF KEY WEST INCOME LIMITS Effective: March 19, 2009 2009 Mon~oe_<;:ounty. Median Income $69~200.00 Program Income Maximums, Adjusted for Family Size 506/0 800/0 1200/0 H h Id S 4 \/I L L Mdt ,...----. ouse 0 Ize eIY ow ow o era e One Person $ 26.300 $ 42,100 \$ 63,120 Two Persons $ 30,100 $ 48,100 $ 72.240 Three Persons $ 33.850 $ 54,150 ~ 81,240 ..--.-- ,..:- -.----.-.-,---- - Four Persons $ 37,600 $ 60,150 $ 90,240 Five Persons $ 40,600 ~~~r950 [$ 97,440 I Six Persons $ 43.600 $ 69,750 i$ 104.648 Seven Persons $ 46,600 $ 74,600 $ 111,840 Eig ht Persons $ 49,650 $ ?9,1QO. $.11 9 ,.160 ,.- Categories: Very Low Low = Moderate 00/0 to 50% of Median 51 % to 80% of Median 81 % to 1200/0 of Median -d-l I CITY OF KEY WEST IMPACT FEE PROVISO FUNDING INCOME LIMIT TARGETING & SET ASIDES ESTIMATE SET ASIDE LOAN # OF HOMES INCOME LIMIT AMOUNT LOW HIGH LOW HIGH Very Low 50% $ 600.000 $ 150,000 $ 200,000 4 3 Low 80% $ 600,000 $ 100.000 $ 120,000 6 5 Moderate 120% $ 800,000 $ 50,000 $ 80,000 16 10 Total: $ 2,000,000 26 18 C) Z 5 t-zen en=::)- wu..en :>0>- ::>oen-l >-_c( w>z ~OC( u..~~ ow- >-wc t-u.Z 0"':;) uu. < Q. ! 0 ":t N 0 W ~ m l- ~ W 0 a ~ 0 N :; N N I'- 0 1O "t""" ci ":t <.0 3: 0 0 -l 0 ~ as N -q- 0 0 0 ~ ~ ('r) 3: 0 -l ~ 0 0:: 0 W "t""" > 0 N ('r) (i) a; m ...J . ~ mOOm E~E o E 0 ~~~ 8~8~ ONL.()I'- ONO": LC)~,\",,"L.() C't') I C't') 0000 0ll>0ll> 000'),- cia:im~ C't') I('V) N N 0000 01.00U') ONll>I'- ciNci~ U')..........LC) ('I) 1('1) 0000 OlOOU') oom..... o oj ((") ~ ('V) 1('1) N N 0000 o 1.00 It) ONL.()f'. 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I- .5 x ..... ..; "0 S ~\ CJ) c: \'!::P ~as~(l) (1)-190 c ro CJ) c: - .9- CD as -- g ro 5 ~'i:: (I.) CJ) '(3 a.. 0:: ..s c: 'i:: a.. ... ~ ,... o N ... It) cot "r :x U'.t "r (II) N <<'t or- co .... C!, .... ~ co .... c 4) E 1:: o ~ >. ::c - c o :& ~. rn,," housing alfotdob!e .---.---'. .------. ..-_.-.-- Flor+lda H.o.us"nn 227 North. Brof1ouHh Strnet, Suite 5000 · Tc!/oh(1sse~, I FI0ddo 32301 __~___. ____-!__~ 8';0.-188,4197 . Fax 850.4889809 · wwI....Hof/ochousing.org finol'lC9 Corporr,l:on March 17, 2009 Mr. Morgan McPherson City of Key West P. O. Box 1409 Key West, Florida 33041 RE: Impact Fee Proviso Funding Dear Mr. McPherson: The Flolida Housing Board' of Directors approved funding in accordance witb the following legislative provision at their March 13, 2009 meeting: FrOIn thefunds in Specific Approp,riation 1616, $20,000,000 ill non-recurrlngfundfj in the State Housing Trust Fund shall be usedfor homeownership assistance in counties and municipalities in the state which hal'e reduced impact fees within the twelve months prior to the effective date of this act, or reduce impact fees subsequent to the effective date of this act, by a minimum of 25% fi)' a period not , Jess tl.all18 months, or which impose"o impactfees entireJyfor homeownership purposes. The amount of funding approved by the Board for the City of Key West is $2,000,000. This award is cODtinl!ent on availability of funds aDDrooriated bv the Florida Le2islature. If funds become unavailable for any reason. this award will be rescinded. These funds may be drawn down as they are encumbered provided all requirements of the proviso and funding are being met using the attached fbrm. As stated in the orlginal document for this proviso, there is no provision for administrative costs in this legislation. If the requirements of the proviso are no longer being met or the status of compliance changes at any time during the period of funding, the City is required to inform Florida Housing immediately. Additionally, any fimds that are not expended by June 30,2010 will ~e recaptured by Fl?rida Housing. If you have any questions regarding this information, please contact me. Chorlie Cri~I, Governor Boore of :)ireclors: David E. Oc!lf.lrich, Chairmon . Slllor' Scna;ogo, Vice Choi,mcm · TOITl Pel,(.,'1, Fx O(fi~i() ...Ken h)irmoll · Jerry Mcygorde/l · ;.Aorilyn l Sf.lrOYd · Lynn .':.lul17: , Slephill1 P .^.uger, txecu1iv\I Di(eclor Impact Fce Proviso Meeting Summary Background On .Wednesday, October 29, 2008 at' 2 PM, Florida Housing held a Public Ivleeting to discllss the Impact Fcc Proviso approved by the Florida Legislature. The meeting was intended to be available for in person attendance 8S well as participation via telephone. Due to issues with cali~in numbers, the meeting was not accessible to everyone that attempted to call-in or was only accessible after some delay. The information was repeated several times lO attempt to infonl1 all interested panies. This summary is being provided to ensure that the information discussed in the meeting is provided to everyone. Meeting Purpose The Public Meeting was to discuss the implementation of the following legislative proviso: From thefllnds in Specific Appropriation 1616, $20,000,000 in non-recurringfullds in the State Housing Tru.-.:t Fund shall be usedfor homeownership assistance in counties and municipalities in the state which have reduced impactfees within the twelve ltwnths prior to the e.ffective date of this act, or reduce impactfees ~'ub!iequcnt to the ~ffective date of this act, by a minimum of 25%f01 a period not less than 18 months, 01 which impose flO impact fees entirely for homeownership purposes. Florida Housing is contemplating administering the funds through the State Housing Initiatives Partnersl:ip (SHIP) program. Summary Florida Housing provided a general summary of the intent of the Impact Fee Proviso: 1. The purpose of this proviso is to incentivize a jurisdiction to reduce impact fees on new construction to stimulate eonstruction. 2. Flmds are to be used for homcownership assistance including, but not limited to~ down payment assistance, foreclosure prevention and rehabilitation. 3. Funds w:Il need to be committed and spent in a short time frame (l year from the award of funds). 4. funds are intended to reduce the amount of excess housing stock. 5. Funds are intended to assist homeowners In the very Jow, low and moderate income categories. Jurisdiction Eligibility In order tc be eligible to receive funding under this proviso, the SHfP eligible jurisdiction must: """" <{O ..... 0r- a Q.) .cO) x ctS we... (, ---r- I~ +- --' I .~ ". (/)1) ,. -~ -- -), --~ -I~ (/):1 (/) ~ ~ ~,~ - >- ~ >- , ~ I I ...... (/) en ~ 0 (/)1...... en,' 0) U (1) . .....Q..U)_CI,)oE CI,) to) U 0 ..0 U I E .c:: c.> CI) CI).- ~ ('Q cv U lJ) ~= c ~ '+'-15"'0 ...... 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