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Item G43G.43 BOARD OF COUNTY COMMISSIONERS C ounty of M onroe Mayor David Rice, District 4 Mayor Pro Tem Sylvia J. Murphy, District 5 TheFloridaKeys Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting November 20, 2018 Agenda Item Number: G.43 Agenda Item Summary #4949 BULK ITEM: Yes DEPARTMENT: Social Services TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham (305) 292-4510 N/A AGENDA ITEM WORDING: Approval of revised Homebuyer Strategy (#2) in the Local Housing Assistance Plan (LHAP) to remove language indicating there will be a lottery to serve eligible applicants. Instead, applicants will apply and receive assistance on a "First Qualified, First Served" basis. The LHAP is in effect through June 30, 2019. ITEM BACKGROUND: The State Housing Initiatives Partnership (SHIP) Act, ss.420.907- 420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop a one to three year local housing assistance plan outlining how funds will be used. PREVIOUS RELEVANT BOCC ACTION: Approval of the Local Housing Assistance Plan for Fiscal Years 2016-2017/2017-2018/2018-2019 at BOCC meeting on August 17, 2016. CONTRACT/AGREEMENT CHANGES: Revised Strategy STAFF RECOMMENDATION: Approval DOCUMENTATION: REVISED LHAP Resolution 7-26-2016 LHAP Homebuyer Assistance REV 11052018 FINANCIAL IMPACT: Effective Date: 07/20/2016 Expiration Date: 2019 Total Dollar Value of Contract: 0 Total Cost to County: 0 Packet Pg. 1018 G.43 Current Year Portion: 0 Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Sheryl Graham Completed 11/05/2018 5:03 PM Pedro Mercado Completed 11/05/2018 5:08 PM Budget and Finance Completed 11/05/2018 5:39 PM Maria Slavik Completed 11/06/2018 7:39 AM Kathy Peters Completed 11/06/2018 9:39 AM Board of County Commissioners Pending 11/20/2018 9:00 AM Packet Pg. 1019 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1020 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1021 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1022 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1023 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1024 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1025 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1026 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1027 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1028 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1029 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1030 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1031 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1032 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1033 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1034 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1035 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1036 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1037 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1038 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1039 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1040 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1041 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1042 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1043 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1044 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1045 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1046 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1047 G.43.a Attachment: REVISED LHAP Resolution 7-26-2016 (LHAP Amendment 11-20-2018) Packet Pg. 1048 G.43.b Section II. Housing Strategies: A. HOMEBUYER ASSISTANCE 2 a. Summary of Strategy: Funding assistance for the purchase or construction of a single-family, residential, owner occupied property, including condominiums and townhouses. b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019 c. Income Categories: Very Low, Low, and Moderate d. Maximum award: $45,000 e. Terms: 1. Deferred Loan: Secured by a recorded note and mortgage 2. Interest Rate: 0% 3. Term: Thirty (30) years 4. Repayment: Full amount at maturity 5. Default/Recapture: The loan will be due and payable in full upon maturity, payment in full of the first mortgage, sale, rental or transfer of the property, failure to comply with the terms of the SHIP mortgage, loss of homestead exemption 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. Recipient Selection Criteria: basis. Applicants who have been determined to be eligible for program assistance will be placed on a waiting list and given priority according to the following classifications: 1) Special Needs; 2) Very Low Income; 3) Low Income; 4) Moderate Income. First priority will always be given to Special Needs applicants, as long as they meet one of the three income categories. Applications for Homebuyer Assistance must include: 1.A contract for purchase of an existing housing unit or one under construction. permit and pilings/foundation complete and inspected. 2.An affidavit from the Seller in the event this is a unit under construction, indicating the delivery date of the housing unit (cannot be more than five months from the date of the SHIP approval)\]. Attachment: LHAP Homebuyer Assistance REV 11052018 (LHAP Amendment 11-20-2018) 3.A lending institution pre-qualification letter for the amount to be financed which may assume up to a $45,000 SHIP loan. 7 Packet Pg. 1049 G.43.b In the event there are more applicants than funds available, upon completion of the initial advertising, lotteries will be utilized to determine the order of the funding. The day, time and location of the lottery will be made available to the eligible rd applicants within one week of the end of the NOFA. An independent 3 party will draw numbers to establish the order of ranking. Applicants do not have to be present at the drawing to participate. Funding will be awarded in the order drawn, in the event an applicant withdraws his application, the next person on the list will be funded.Applicants who fail to submit complete applications, who do not meet SHIP threshold requirements or cannot close due to financing or any other reason, may not reapply for SHIP assistance until the following application cycle. g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: Buyer(s) must contribute a minimum three percent (3%) of the sales price as a down payment. Property must meet minimum health and safety standards as defined under the U.S Housing Quality Standards (HQS). Any HQS deficiencies must be corrected prior to or as part of the purchase transaction. In the case of new construction, a Certificate of Occupancy (CO) may be substituted for the HQS inspection. Mortgage loans to public entities, which retain ownership of the land under the terms of a ground lease, shall extend to the improvements. 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 Administrator, the SHIP Note and Mortgage must be a first mortgage. SHARED APPRECIATION PROVISION: All SHIP funds under this strategy are subject to a mortgage that shall contain recapture provisions which provides for shared appreciation between the buyer(s) and the Monroe County SHIP Program. The amount due Monroe County upon sale, refinancing or transfer of the property shall be calculated by adding the sum of the principal balance of the SHIP loan and 50% of the appreciated value. The appreciated value shall be the difference between the original purchase price and the sales price less any real estate commission, less the value of any permitted improvements and less reasonable closing costs. Housing units constructed utilizing Affordable Housing Permits which restrict l not be subject to the Shared Appreciation Provision. ASSUMPTION OF EXISTING SHIP MORTGAGES: Attachment: LHAP Homebuyer Assistance REV 11052018 (LHAP Amendment 11-20-2018) Existing SHIP Homebuyer Mortgage Loans may be assumed in order to enhance the owner- affordable permit housing units when the current appraised value is equal to or less 8 Packet Pg. 1050 G.43.b than the original purchase price and must be recommended by the SHIP Program Coordinator and approved by the SHIP Program Administrator. Existing SHIP Homebuyer Mortgage Loans of Not-For-Profit Homeownership Developer units may be assumed for the balance of the term of the existing loan by new very low and low income qualified homebuyers. Transfer of title to the new homebuyers must be completed within a period that does not to exceed six (6) months after repayment by the existing homeowner. THIS PAGE LEFT INTENTIONALLY BLANK. Attachment: LHAP Homebuyer Assistance REV 11052018 (LHAP Amendment 11-20-2018) 9 Packet Pg. 1051