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HomeMy WebLinkAbout20110443.tiff RESOLUTION RE: APPROVE APPLICATION FOR NEIGHBORHOOD STABILIZATION PROGRAM (PHASE 3 - FORT LUPTON) AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Application for the Neighborhood Stabilization Program (Phase 3 - Fort Lupton)from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the City of Fort Lupton,to the U.S. Department of Housing and Urban Development, commencing upon full execution of said application, with further terms and conditions being as stated in said application, and WHEREAS,with the funds supplied through said Program,Weld County, in conjunction with the Weld County Housing Authority and the City of Fort Lupton, will acquire foreclosed properties, demolished and reconstructed properties, and/or vacant lots within Fort Lupton for rehabilitation and resale to qualifying low to median-income families, and WHEREAS, after review,the Board deems it advisable to approve said application, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Application for the Neighborhood Stabilization Program (Phase 3 - Fort Lupton) from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the City of Fort Lupton, to the U.S. Department of Housing and Urban Development, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application. one a-o TaMT LHp) C1-- t-r zji4 " $ 2/2s/ t _ 7-i1 / 3 14-iI z011-0443 FI0053 APPLICATION FOR NEIGHBORHOOD STABILIZATION PROGRAM (PHASE 3-FORT LUPTON) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of February, A.D., 2011. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLORADO ATTEST: C arbara Kirkmey hair Weld County Clerk to the oa1861 (. �. Sean . C way, Pro-Tem BY: Deputy Clerk to the Boat Willi . G APPROVED AS TO FORM: . Ec-)C David E. Long — 7 1_}i-i/J-A4 @ y Atto ey _» (ctrEsi ouglas demach r Date of signature: 30// 2011-0443 FI0053 Target Neighborhood: Fort Lupton 2 Neighborhood ID: 7000183 Neighborhood ID: 7000183 NSP3 Planning Data Grantee ID: 0812300C Grantee State: CO Grantee Name: WELD COUNTY Grantee Address: P.O. Box 130 Greeley CO 80632 Grantee Email: tom@greeley-weldha.org Neighborhood Name: Ft Lupton 2 Date:2011-02-05 00:00:00 NSP3 Score The neighborhoods identified by the NSP3 grantee as being the areas of greatest need must have an individual or average combined index score for the grantee's identified target geography that is not less than the lesser of 17 or the twentieth percentile most needy score in an individual state. For example, if a state's twentieth percentile most needy census tract is 18, the requirement will be a minimum need of 17. If, however, a state's twentieth percentile most needy census tract is 15, the requirement will be a minimum need of 15. If more than one neighborhood is identified in the Action Plan, HUD will average the Neighborhood Scores, weighting the scores by the estimated number of housing units in each identified neighborhood. Neighborhood NSP3 Score: 20 State Minimum Threshold NSP3 Score: 17 Total Housing Units in Neighborhood: 695 Area Benefit Eligibility Percent Persons Less than 120%AMI: 68.9 Percent Persons Less than 80%AMI: 42 Neighborhood Attributes (Estimates) Vacancy Estimate USPS data on addresses not receiving mail in the last 90 days or"NoStat" can be a useful measure of whether or not a target area has a serious vacancy problem. For urban neighborhoods, HUD has found that neighborhoods with a very high number vacant addresses relative to the total addresses in an area to be a very good indicator of a current for potentially serious blight problem. The USPS "NoStat" indicator can mean different things. In rural areas, it is an indicator of vacancy. However, it can also be an address that has been issued but not ever used, it can indicate units under development, and it can be a very distressed property (most of the still flood damaged properties in New Orleans are NoStat). When using this variable, users need to understand the target area identified. In addition, the housing unit counts HUD gets from the US Census indicated above are usually close to the residential address counts from the USPS below. However, if the Census and USPS counts are substantially different for your identified target area, users are advised to use the information below with caution. For example if there are many NoStats in an area for units never built, the USPS residential address count may be larger than the Census number; if the area is a rural area largely served by PO boxes it may have fewer addresses than housing units. NSP3 Application Instructions•Draft 11/5/2010 Pagei 2011-0443 USPS Residential Addresses in Neighborhood: 757 Residential Addresses Vacant 90 or more days (USPS, March 2010): 7 Residential Addresses NoStat (USPS, March 2010): 49 1/3 Foreclosure Estimates HUD has developed a model for predicting where foreclosures are likely. That model estimates serious delinquency rates using data on the leading causes of foreclosures - subprime loans (HMDA Census Tract data on high cost and highly leveraged loans), increasing unemployment (BLS data on unemployment rate change), and fall in home values (FHFA data on house price change). The predicted serious delinquency rate is then used to apportion the state total counts of foreclosure starts (from the Mortgage Bankers Association) and REOs (from RealtyTrac) to individual block groups. Total Housing Units to receive a mortgage between 2004 and 2007: 304 Percent of Housing Units with a high cost mortgage between 2004 and 2007: 26.5 Percent of Housing Units 90 or more days delinquent or in foreclosure: 9.4 Number of Foreclosure Starts in past year: 32 Number of Housing Units Real Estate Owned July 2009 to June 2010: 19 HUD is encouraging grantees to have small enough target areas for NSP 3 such that their dollars will have a visible impact on the neighborhood. Nationwide there have been over 1.9 million foreclosure completions in the past two years. NSP 1, 2, and 3 combined are estimated to only be able to address 100,000 to 120,000 foreclosures. To stabilize a neighborhood requires focused investment. Estimated number of properties needed to make an impact in identified target area (20% of REO in past year): 7 Supporting Data Metropolitan Area (or non-metropolitan area balance) percent fall in home value since peak value (Federal Housing Finance Agency Home Price Index through June 2010): -12.3 Place (if place over 20,000) or county unemployment rate June 2005•: 5.6 Place (if place over 20,000) or county unemployment rate June 2010•: 8.7 Bureau of Labor Statistics Local Area Unemployment Statistics Market Analysis: HUD is providing the data above as a tool for both neighborhood targeting and to help inform the strategy development. Some things to consider: 1. Persistent Unemployment. Is this an area with persistently high unemployment? Serious consideration should be given to a rental strategy rather than a homeownership strategy. 2. Home Value Change and Vacancy. Is this an area where foreclosures are largely due to a combination of falling home values, a recent spike in unemployment, and a relatively low vacancy rate?A down payment assistance program may be an effective strategy. 3. Persistently High Vacancy. Are there a high number of substandard vacant addresses in the target area of a community with persistently high unemployment? A demolition/land bank strategy with selected acquisition rehab for rental or lease-purchase might be considered. 4. Historically low vacancy that is now rising. A targeted strategy of acquisition for homeownership and rental to retain or regain neighborhood stability might be considered. 5. Historically high cost rental market. Does this market historically have very high rents with low vacancies? NSP3 Application Instructions-Draft 11/5/2010 Page ii A strategy of acquiring properties and developing them as long-term affordable rental might be considered. Latitude and Longitude of corner points -104.791503 40.087331 -104.791589 40.090975-104.799829 40.090975 -104.803905 40.090746 -104.803777 40.093405 -104.807296 40.093339 -104.807167 40.087462 2/3 Blocks Comprising Target Neighborhood 081230019042003, 081230019042031, 081230019042030, 081230019042029, 081230019042028, 081230019042027, 081230019042026, 081230019042025, 081230019042024, 081230019042023, 081230019042017, 081230019042011, 081230019042010, 081230019042009, 081230019042008, 081230019042005, 081230019042006, 081230019042004, 081230019042007, 3/ NSP3 Application Instructions-Draft 11/5/2010 Page iii 1. NSP3 Grantee Information NSP3 Program Administrator Contact Information Name(Last, First) Daniels-Mika, Monica Email Address mmika@co.weld.co.us Phone Number 970 336-7205 x4210 Mailing Address P.O. Box 758 Greeley,CO 80632 2. Areas of Greatest Need Map Submission The map generated at the HUD NSP3 Mapping Tool for Preparing Action Plan website is included as an attachment. Data Sources Used to Determine Areas of Greatest Need Describe the data sources used to determine the areas of greatest need. Response: o NSP3 Planning Data,as provided on the HUD mapping tool, which provides a score of the mapped area, income percentages at both 80%and 120%AMI, number of residential addresses and number of vacancies, the number of house purchases it would take to create an impact, and other data useful to determining areas of greatest need. o A tiered approach is not being utilized to determine distribution of funding. o Realty Trac foreclosure trends, market views, and sales trends. o Current market information from area Realtors. o County Staff, Fort Lupton City Staff and local elected officials familiarity with communities and neighborhoods within Weld County o City of Fort Lupton accompanied Weld County Staff to NSP Problem-Solving Clinic and define the area within the City with the greatest need. Determination of Areas of Greatest Need and Applicable tiers Describe how the areas of greatest need were established. Response: o A primary neighborhood identified as Fort Lupton 2 has been identified. The entire City of Fort Lupton is eligible under NSP 3 guidelines o The NSP3 mapping tool Planning Data puts the score for this neighborhood at 20 (out of a minimum 17 and maximum 20).The estimated number of houses needed to make an impact is seven. Neighborhood map ID—7000183. o The City of Fort Lupton with some 7,500 residents is contained within two census tracts. The west side of the City scores 19 pts out of 20 and the east side of the City scores 20 out of 20 points. This is the area of the City which officials from the City of Fort Lupton have indicated is of the greatest need. o There is a great need for property improvement and/or demolition and reconstruction of new units in this established neighborhood. o Residents in this neighborhood have some of the lowest incomes in the City. NSP3 mapping tool NSP3 Application Instructions-Draft 11/5/2010 Page iv Planning Data indicates 68.9%of the residents have incomes at or below 120%AMI and 42.0%at or below 80%AMI. Unemployment in this area remains very high (unemployment, per mapping tool percentages, increased from 6.6%in June 2005 to 9.5%in Dec 2010 for this metropolitan area), and most at risk with a job loss are those earning the least income. Historically, there are no savings to support an extended job loss, lack of education may make acquiring a new job hard, and new incomes may not be as high as needed for household expenses. o Mapping tool Planning Data also indicates 26.5%of the housing units had a high cost mortgage between 2004 and 2007; 9.4%are 90 days or more delinquent; and 19 housing units were REO between July 2009 and June 2010 with 32 foreclosure starts during the past year. Properties in this metropolitan area had an estimated depreciation in value of 12.3%, per Federal Housing Finance Agency Home Price Index through June 2010. 3. Definitions and Descriptions Definitions Term Definition Blighted Structure The City's definition of blighted comes from the current building code: Buildings, structures or equipment that are unsanitary,or that are deficient due to inadequate means of egress facilities, inadequate light and ventilation,or that constitute a fire hazard,or in which the structure or individual structural members meet the definition of"Dangerous," or that are otherwise dangerous to human life or the public welfare,or that involve illegal or improper occupancy or inadequate maintenance shall be deemed unsafe.A vacant structure that is not secured against entry shall be deemed unsafe. Affordable Rents o Affordable rents are defined as the fair market rent for the Greeley MSA or the high HOME rent, whichever is lower, as published annually by the U. S. Department of Housing and Urban Development. Descriptions Term Definition Long-Term Affordability o Long-term affordability will be defined as a period of time equal to those of the HOME program,with length of affordability determined by the amount of subsidy in the property. Affordability will be ensured through the use of restrictions on the deed and/or mortgage. o Minimum of two homes will be provided to the Fort Lupton Housing Authority for long term rental to low income families. The Fort Lupton Housing Authority currently provides both family multi-family housing and senior housing. NSP3 Application Instructions-Draft 11/5/2010 Pagev Housing Rehabilitation o Weld County received NSP1 funding from the State of Colorado. Standards The City of Greeley was the lead agency and adopted rehabilitation standards that were written as a guide and intended to address the minimum standards for rehabilitation work (residential and commercial) and/or new construction of residential units under the grant program. Weld County will use these standards. The Rehab Standards are to serve as reinforcement of the International Building Code and amendments, as adopted along with the Green Housing rehabilitation checklist. 4. Low-Income Targeting Low-Income Set-Aside Amount Enter the low-income set-aside percentage in the first field.The field for total funds set aside will populate based on the percentage entered in the first field and the total NSP3 grant. Identify the estimated amount of funds appropriated or otherwise made available under the NSP3 to be used to provide housing for individuals or families whose incomes do not exceed 50 percent of area median income. Response: Total low-income set-aside percentage (must be no less than 25 percent): 25.00% Total funds set aside for low-income individuals= no less than$255,797 (approximately 25%of $1,023,188gra nt). Meeting Low-Income Target Provide a summary that describes the manner in which the low-income targeting goals will be met. Response: o The City of Fort Lupton Housing Authority will be provided two units for long term low income rentals. 5. Acquisition and Relocation Demolition or Conversion of LMI Units Does the grantee intend to demolish or convert any low-and moderate-income Yes. No units will dwelling units (i.e., ≤80%of area median income)? Yes be acquired that would trigger relocation or tenant protection laws. If yes,fill in the table below. Question Number of Units The number of low-and moderate-income dwelling units—i.e., ≤80%of area median income—reasonably expected to be demolished or converted as a direct result of NSP-assisted activities. 2 The number of NSP affordable housing units made available to low-, moderate-, 2—Time schedule NSP3 Application Instructions-Draft 11/5/2010 Page vi and middle-income households—i.e., ≤ 120%of area median income—reasonably TBD.Availability expected to be produced by activity and income level as provided for in DRGR, by will not be known each NSP activity providing such housing (including a proposed time schedule for until potential properties hit the commencement and completion). market. The number of dwelling units reasonably expected to be made available for 1—Again,based on households whose income does not exceed 50 percent of area median income. availability,at what point in the grant the property becomes available, and how many units have already been designated to the 25% requirement. 6. Public Comment Citizen Participation Plan Briefly describe how the grantee followed its citizen participation plan regarding this proposed substantial amendment or abbreviated plan. Response: o The NSP3 application was posted on the Weld County website, City of Fort Lupton website, and the Weld County Housing Authority website 15 days prior to submittal of the application (February 10, 2011—February 25, 2011). o Mayor and City Council of the City of Fort Lupton were informed and approved of the application. o The Weld County Commissioners approved of the application. o Notices were placed in the Fort Lupton Press o Local citizen groups(Chamber of Commerce) were informed of the application and provided an opportunity to comment. Public comments were considered and incorporated into the plan when feasible. Summary of Public Comments Received. The summary of public comments received is included as an attachment. 7. NSP Information by Activity Enter each activity name and fill in the corresponding information. If you have fewer than seven activities, please delete any extra activity fields. (For example, if you have three activities,you should delete the tables labeled "Activity Number 4," "Activity Number 5," "Activity Number 6," and "Activity Number 7." If you are unsure how to delete a table, see the instructions above. The field labeled "Total Budget for Activity" will populate based on the figures entered in the fields above it. Consult the NSP3 Program Design Guidebook for guidance on completing the "Performance Measures" component of the activity tables below. Activity Number 1 NSP3 Application Instructions-Draft 11/5/2010 Page vii Activity Name (Enter the name of Activity Number 1) Select all that apply: ri Eligible Use A: Financing Mechanisms Eligible Use B: Acquisition and Rehabilitation Uses Eligible Use C: Land Banking El Eligible Use D: Demolition n Eligible Use E: Redevelopment Allowable cost (maximum of 10%)for NSP3 Program Administration to be CDBG Activity or used for costs associated with program implementation, environmental Activities review, staff salaries, office supplies, reporting, and all other general administration expenses. National Objective Not applicable Activity Description NSP3 Program Administration Location Description Weld County CO, City of Fort Lupton Source of Funding Dollar Amount NSP3 $102,318 Budget (Other funding source) $0 (Other funding source) $0 Total Budget for Activity $102,318 Performance Measures Not applicable Projected Start Date June 1 2011 environmental review required Fifty percent of allocated NSP3 funds will be expended within two years of a signed agreement; 100%of the funds will be expended within three years of a Projected End Date signed agreement.Ongoing monitoring of owner occupancy and any affordability restrictions will continue throughout the period of affordability. Weld County, Weld County Housing Name Authority, City of Fort Lupton Responsible Location 915 10th Street Greeley, Cp Organization Administrator Contact Info Monica Daniels-Mika Finance and Administration Director 970 336-7205 x4210 mmika @co.weld .co.us NOTES: The following Activities(2 and 3)target existing single-family units to be acquired and rehabbed (or demolished and reconstructed) OR vacant properties for reconstruction, all of which will be resold to households earning either at or below 120%of AMI (Activity 2)or at or below 50%of AMI (Activity 3). The County's allocation of funds is not substantial enough to acquire and rehab multi-family rental units, particularly with potential relocation costs. Neighborhood and affordable areas have seen a large increase in numbers of income properties during the past six years of high foreclosure numbers. It is the Weld County and the City of Fort Lupton's preference to re-establish homeownership in the neighborhood. Weld County understands its responsibility for all homebuyers to receive a minimum of eight hours of housing counseling prior to obtaining a mortgage loan . Further,the Weld County understands that NSP3 Application Instructions-Draft 11/5/2010 Page viii program design and documentation must show that the home buyers obtained a mortgage loan from a lender who agreed to comply with the bank regulators'guidance for non-traditional mortgages. Vicinity hiring: From past experience the contractors who were hired to rehab the NSP1 houses are small business owners employing five or fewer persons.They did not hire additional employees for NSP1 funds. Most, if not all, have offices in their homes.There are a limited number of contractors in Weld County and specifically the Fort Lupton area qualified and willing to do the kind of rehab work required for the NSP program, particularly that have or are willing to get the required mandatory lead paint certifications. The City of Fort Lupton acting as a sub-grantee will approach businesses located in the target neighborhood and request that a flyer be posted for contractors, who will then have to apply to City for approval.The City will start posting flyers within 30 days of application approval to provide time for lead training(if available) and City approval. Activity Number 2 Activity Name Single-family housing for the purpose of resale to LMMH families Select all that apply: n Eligible Use A: Financing Mechanisms ® Eligible Use B:Acquisition and Rehabilitation Use n Eligible Use C: Land Banking • Eligible Use D: Demolition ® Eligible Use E: Redevelopment 24 CFR 570.201(a)Acquisition 24 CFR 570.201(b) Disposition 24 CFR 570.201(d)Clearance activities (blighted structures only) 24 CFR 570.201(e) Public Service for housing counseling (for prospective CDBG Activity or purchasers of NSP3 assisted properties only) Activities 24 CFR 570.201(n) Direct homeownership assistance 24 CFR 570.202 Rehabilitation (also includes homebuyer counseling as an activity delivery cost); preservation activities for demolished or vacant properties 24 CFR 570.206 Project delivery costs National Objective Low Moderate Middle Income Housing(LMMH) Under this activity,Weld County, with sub-grantees Weld County Housing Authority and City of Fort Lupton will acquire. o Foreclosed properties in the targeted area(s)that will be rehabilitated and sold (or leased, if the market dictates)to LMMH families, or Activity Description o Demolished and reconstructed and then sold to LMMH families, if the house is not in such condition to warrant rehab, OR o Acquire vacant lots under the NSP3 definition of vacant,for the purpose of constructing a single-family(one-four units) housing for households earning 120%or less than the Area Median Income NSP3 Application Instructions-Draft 11/5/2010 Page ix Location Description Target area—Fort Lupton 2 Neighborhood ID 7000183 Source of Funding Dollar Amount NSP3 $665,073 Budget (Other funding source) $0 (Other funding source) $0 $665,073 (budget may be reduced to accommodate the cost of two units Total Budget for Activity under Activity 3 once properties are identified) Number of units made available to persons earning at or below 120%AMI. Total units anticipated are six.To meet the 50%expended within two year requirement, three houses/vacant properties will need to be acquired and Performance Measures rehabbed or reconstructed by approximately March 31, 2013. and the remaining three acquired and rehabbed or reconstructed by approximately March 31, 2014. Projected Start Date Date of signed agreement, or approximately 6/1/11 Projected End Date 5/31/14(with ongoing monitoring after that) Name Weld County Location Weld County 915 10th St. Greeley CO 80632 Administrator Contact Info Commissioner Barbara Kirkmeyer, Chairwoman Responsible Organization And Monica Daniels-Mika, Finance and Administration Director(970) 336-7205 x4210; mmika@co.weld.co.us Activity Number 3 Activity Name Single-family housing for the purpose of resale to LH25 families Select all that apply: n Eligible Use A: Financing Mechanisms Z Eligible Use B: Acquisition and Rehabilitation Use El Eligible Use C: Land Banking Z Eligible Use D: Demolition Z Eligible Use E: Redevelopment 24 CFR 570.201(a)Acquisition 24 CFR 570.201(b) Disposition 24 CFR 570.201(d)Clearance activities(blighted structures only) CDBG Activity or 24 CFR 570.201(e) Public Service for housing counseling (for prospective Activities purchasers of NSP3 assisted properties only) 24 CFR 570.201(n) Direct homeownership assistance 24 CFR 570.202 Rehabilitation (also includes homebuyer counseling as an activity delivery cost); preservation activities for demolished or vacant NSP3 Application Instructions-Draft 11/5/2010 Page x properties 24 CFR 570.206 Project delivery costs National Objective Low-Income Housing to Meet 25%Set-Aside (LH25) Under this activity Weld County will o Acquire foreclosed properties in the targeted area(s)that will be rehabilitated and sold (or leased, if the market dictates)to LH25 families, or Activity Description o To demolish and reconstruct and then sell to LMMH families, if the house is not in such condition to warrant rehab, OR o Acquire vacant lots under the NSP3 definition of vacant,for the purpose of constructing a single-family(one-four units) housing for households earning 50%or less than the Area Median Income Location Description Primary target area—Fort Lupton 2 Neighbor hood ID 7000183 Source of Funding Dollar Amount NSP3 $255,797 Budget (Other funding source) $0 (Other funding source) 0 $255,797 (budget will/may be increased to accommodate the cost of Total Budget for Activity two units under this activity once properties are identified) Number of units made available to persons earning at or below 50%AMI. Total units anticipated are two.To meet the 50%expended within one year requirement, one house/vacant property will need to be acquired and Performance Measures rehabbed or reconstructed by approximately March 31, 2013 and the remaining one acquired and rehabbed or reconstructed by approximately March 31, 2014. However, it is anticipated that both units, if suitable properties are available, will be completed by end of 2013. Projected Start Date 7/1/11 Projected End Date 5/31/14(with ongoing monitoring after that) Name Weld County Location 915 10th Street Greeley, CO Administrator Contact Info Commissioner Barbara Kirkmeyer,Chair Responsible And Organization Monica Daniels-Mika Finance and Administration Director(970) 336-7205 x4210; mmika@co.weld.co.us NSP3 Application Instructions-Draft 11/5/2010 Page xi Certifications for Non-Entitlement Local Governments (1)Affirmatively furthering fair housing.The jurisdiction certifies that it will affirmatively further fair housing. (2)Anti-displacement and relocation plan.The applicant certifies that it has in effect and is following a residential anti-displacement and relocation assistance plan. (3)Anti-lobbying.The jurisdiction must submit a certification with regard to compliance with restrictions on lobbying required by 24 CFR part 87,together with disclosure forms, if required by that part. (4)Authority of jurisdiction.The jurisdiction certifies that the consolidated plan or abbreviated plan, as applicable, is authorized under state and local law(as applicable) and that the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations and other program requirements. (5)Consistency with plan.The jurisdiction certifies that the housing activities to be undertaken with NSP funds are consistent with its consolidated plan or abbreviated plan, as applicable. (6)Acquisition and relocation.The jurisdiction certifies that it will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended (42 U.S.C.4601), and implementing regulations at 49 CFR part 24, except as those provisions are modified by the notice for the NSP program published by HUD. (7)Section 3.The jurisdiction certifies that it will comply with section 3 of the Housing and Urban Development Act of 1968(12 U.S.C. 1701u), and implementing regulations at 24 CFR part 135. (8) Citizen participation.The jurisdiction certifies that it is in full compliance and following a detailed citizen participation plan that satisfies the requirements of Sections 24 CFR 91.105 or 91.115, as modified by NSP requirements. (9) Use of funds.The jurisdiction certifies that it will comply with the Dodd-Frank Wall Street Reform and Consumer Protection Act and Title XII of Division A of the American Recovery and Reinvestment Act of 2009 by spending 50 percent of its grant funds within 2 years, and spending 100 percent within 3 years,of receipt of the grant. (10)The jurisdiction certifies: a. that all of the NSP funds made available to it will be used with respect to individuals and families whose incomes do not exceed 120 percent of area median income; and b. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount against properties owned and occupied by persons of low-and moderate- income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if NSP funds are used to pay the proportion of a fee or assessment attributable to the capital costs of public improvements(assisted in part with NSP funds) financed from other revenue sources, 070//- oyy3 an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. In addition,with respect to properties owned and occupied by moderate-income (but not low-income)families, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than NSP funds if the jurisdiction certifies that it lacks NSP or CDBG funds to cover the assessment. (11) Excessive force.The jurisdiction certifies that it has adopted and is enforcing: a. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and b. A policy of enforcing applicable state and local laws against physically barring entrance to,or exit from, a facility or location that is the subject of such nonviolent civil rights demonstrations within its jurisdiction. (12)Compliance with anti-discrimination laws.The jurisdiction certifies that the NSP grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d),the Fair Housing Act (42 U.S.C. 3601-3619),and implementing regulations. (13)Compliance with lead-based paint procedures.The jurisdiction certifies that its activities concerning lead-based paint will comply with the requirements of part 35,subparts A, B,J, K, and R of this title. (14)Compliance with laws.The jurisdiction certifies that it will comply with applicable laws. (15)Vicinity hiring. The jurisdiction certifies that it will,to the maximum extent feasible, provide for hiring of employees that reside in the vicinity of NSP3 funded projects or contract with small businesses that are owned and operated by persons residing in the vicinity of NSP3 projects. (16) Development of affordable rental housing.The jurisdiction certifies that it will be abide by the procedures described in its NSP3 Abbreviated Plan to create preferences for the development of affordable rental housing for properties assisted with NSP3 funds. gi,1 a, _A - 212-4/// nature/Authorized fficial FEB 1 4 2011 Date Chair, Board of Weld County Commissioners Title o7O//-044/3 8. Certifications Certifications for State and Entitlement Communities ( Affirmatively furthering fair housing. The jurisdiction certifies that it will affirmatively furth r fair ho ing, which means that it will conduct an analysis to identify impediments to fair housing oice withi the jurisdiction, take appropriate actions to overcome the effects of any impedime s identified through hat analysis,and maintain records reflecting the analysis and actions in this re rd. (2)Anti-disp cement and relocation plan.The applicant certifies that it has in eff t and is following a residential anti isplacement and relocation assistance plan. (3)Anti-lobbying. T jurisdiction must submit a certification with regard t compliance with restrictions on lobbyin equired by 24 CFR parts 87, together with disclo ure forms, if required by that part. (4)Authority of jurisdiction.T jurisdiction certifies that the co olidated plan or abbreviated plan, as applicable, is authorized under st and local law(as applicabl and that the jurisdiction possesses the legal authority to carry out the progr s for which it is seeki g funding, in accordance with applicable HUD regulations and other program re irements. (5) Consistency with plan.The jurisdiction ce ifies th the housing activities to be undertaken with NSP funds are consistent with its consolidated plan a reviated plan, as applicable. (6)Acquisition and relocation. The jurisdiction c ifies that it will comply with the acquisition and relocation requirements of the Uniform Reloc ion sistance and Real Property Acquisition Policies Act of 1970,as amended (42 U.S.C.4601), and i plementi regulations at 49 CFR part 24,except as those provisions are modified by the notice fort e NSP progra published by HUD. (7) Section 3.The jurisdiction certifies hat it will comply with ection 3 of the Housing and Urban Development Act of 1968 (12 U.S.C 701u), and implementing gulations at 24 CFR part 135. (8)Citizen participation.The ju sdiction certifies that it is in full co liance and following a detailed citizen participation plan tha atisfies the requirements of Sections 2 FR 91.105 or 91.115,as modified by NSP requirem ts. (9) Following a plan.T e jurisdiction certifies it is following a current consoli ted plan (or Comprehensive Hou ng Affordability Strategy)that has been approved by HUD. Only States and entitlement jurisdi ions use this certification.] (10) Use of fu s.The jurisdiction certifies that it will comply with the Dodd-Frank Wal treet Reform and Consum r Protection Act and Title XII of Division A of the American Recovery and Re vestment Act of 2009 by pending 50 percent of its grant funds within 2 years,and spending 100 percent ithin 3 years, of eceipt of the grant. (11) he jurisdiction certifies: a. that all of the NSP funds made available to it will be used with respect to individuals and fa ilies whose incomes do not exceed 120 percent of area median income; and NSP3 Application Instructions-Draft 11/5/2010 Page xii b. The jurisdiction will not attempt to recover any capital costs of public improvements as sted with CDBG funds, including Section 108 loan guaranteed funds, by assessing any am nt against properties owned and occupied by persons of low-and moderate-income, includi any fee charged or assessment made as a condition of obtaining access to such public i provements. owever, if NSP funds are used to pay the proportion of a fee or assessmen ttributable to the c ital costs of public improvements (assisted in part with NSP funds)fin ced from other rev ue sources,an assessment or charge may be made against the pr erty with respect to the p lic improvements financed by a source other than CDBG fun . In addition,with respect to prop ties owned and occupied by moderate-income (but not I -income)families, an assessme or charge may be made against the property with r pect to the public improveme s financed by a source other than NSP funds if t e jurisdiction certifies that it lacks NSP or CDBG nds to cover the assessment. (12) Excessive force.The j risdiction certifies that it has adop d and is enforcing: a. A policy prohibiting e use of excessive force by la enforcement agencies within its jurisdiction against an individuals engaged in no iolent civil rights demonstrations; and b. A policy of enforcing app ' able state and loc aws against physically barring entrance to, or exit from, a facility or locat n that is the s ject of such nonviolent civil rights demonstrations within its jurisdiction. (13) Compliance with anti-discriminatio la .The jurisdiction certifies that the NSP grant will be conducted and administered in conformity ith Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair Housing Act (42 U.S.C. 3601-3619 , a d implementing regulations. (14)Compliance with lead-based pai t procedur s.The jurisdiction certifies that its activities concerning lead-based paint will co ply with the r uirements of part 35, subparts A, B,J, K, and R of this title. (15) Compliance with laws.T e jurisdiction certifies that ' will comply with applicable laws. (16)Vicinity hiring. The j isdiction certifies that it will, to th maximum extent feasible, provide for hiring of employees tha reside in the vicinity of NSP3 funded p 'ects or contract with small businesses that are owned and o erated by persons residing in the vicinity o SP3 projects. (17) Development f affordable rental housing. The jurisdiction certi 'es that it will be abide by the procedures descr' ed in its NSP3 Abbreviated Plan to create preference for the development of affordable rent housing for roperties assisted with NSP3 funds. ignat re/Authorized fficial Date Bar ra Kirkmeyer air, Weld Count Board of Commissioners Title NSP3 Application Instructions-Draft 11/5/2010 ELI//-0y 413 Page xiii Appendix: NSP3 Action Plan Contents Checklist The checklist below is an optional tool for NSP3 grantees to help to ensure that all required elements of the NSP3 Substantial Amendment or the Abbreviated Plan are submitted to HUD. This checklist only includes the minimum required elements that must be included in the NSP3 Action Plan and grantees may want to add additional details. This document must be protected, as described above, in order to use the checkboxes in this checklist. 1. NSP3 Grantee Information Did you include the Program Administrator's name, address, phone, and email address? ,1 2 . Areas of Greatest Need Does the narrative description describe how funds will give priority emphasis to areas of greatest need? Does the narrative description specifically address how the funds will give priority emphasis to those areas: • With the highest percentage of home foreclosures? ,1 • With the highest percentage of homes financed by subprime �1 mortgage related loan?; and • Identified by the grantee as likely to face a significant rise in S1 the rate of home foreclosures? Did you create the area of greatest needs map at /1 http://www.huduser.org/NSP/NSP3.html? Did you include the map as an attachment to your Action Plan? ONLY Applicable for States: Did you include the needs of all entitlement communities in the State? 3. Definitions and Descriptions 1 Yes Are the following definitions and topics included in your substantial amendment?: • Blighted structure in context of state or local law, �1 NSP3 Application Instructions - Draft 11/5/2010 Page xiv • Affordable rents, �1 • Ensuring long term affordability for all NSP funded housing projects, • Applicable housing rehabilitation standards for NSP funded projects 4. Low-Income Targeting WIMPLIMIP Yes = a= A Did you identify the estimated amount of funds appropriated to /1 provide housing that meets the low-income set aside target? Did you provide a summary describing how your jurisdiction will meet /1 its low-income set aside goals? 5. Acquisition & Relocation For all acquisitions that will result in displacement did you specify: • The planned activity, • The number of units that will result in displacement, • The manner in which the grantee will comply with URA for those residents? 6. Public Comment Yes 8 Did you provide your draft of the NSP3 substantial amendment for a /1 minimum of 15 days for public comment? Did you include the public comments you received on the NSP3 /1 substantial amendment in your plan? 7. NSP Information by Activity Check all that apply Did you include a description of all eligible NSP3 activities you plan to implement with your NSP3 award? For each eligible NSP3 activity you plan to implement did you include: NSP3 Application Instructions - Draft 11/5/2010 Page xv • Eligible use or uses? /1 • Correlated eligible CDBG activity or activities? �1 • Associated national objective? �1 • How the activity will address local market conditions? /1 • Range of interest rates (if any)? � • Duration or term of assistance? � • Tenure of beneficiaries (e.g. rental or homeowner)? /1 • If the activity produces housing, how the design of the activity will ensure continued affordability? • How you will, to the maximum extent possible, provide for vicinity hiring? • Procedures used to create affordable rental housing preferences? • Areas of greatest need addressed by the activity or activities? �1 • Amount of funds budgeted for the activity? /1 • Appropriate performance measures for the activity (e.g. units of housing to be acquired, rehabilitated, or demolished for the income levels represented in DRGR) ? • Expected start and end dates of the activity? /1 • Name and location of the entity that will carry out the activity? �1 8. Certifications sairsinsisst- Did you sign and submit the certification form applicable to your � jurisdiction? 9. Additional Documentation Did you include a signed SF-424? NSP3 Application Instructions - Draft 11/5/2010 Page xvi P.\MENrop P '5'7e Ili O C 40 (s)* z * 0 0G ilbilli �44, 1 - O9 9egN D EV \' OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 *1. Type of Submission: *2. Type of Application * If Revision, select appropriate letter(s) ❑ Preapplication ® New Z Application ❑ Continuation *Other(Specify) 0 Changed/Corrected Application 0 Revision 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: *5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: County of Weld, Colorado *b. Employer/Taxpayer Identification Number(EIN/TIN): *c. Organizational DUNS: 84-6000813 075757955 d. Address: *Street 1: P.O. Box 758 Street 2: *City: Greeley County: Weld "State: CO Province: *Country: USA *Zip/Postal Code 80632 e. Organizational Unit: Department Name: Division Name: Finance and Administration f. Name and contact information of person to be contacted on matters involving this application: Prefix: MS *First Name: Monica Middle Name: "Last Name: Daniels-Mika Suffix: Title: Director of Department of Finance and Administration Organizational Affiliation: *Telephone Number: 970 336-7205 Fax Number: 970 352-0242 *Email: mmika@co.co.weld.co.us dOE— vy43 OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 *9.Type of Applicant 1: Select Applicant Type: B.County Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other(Specify) *10 Name of Federal Agency: US Department of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14.228 CFDA Title: State non entitlement *12 Funding Opportunity Number: FR-5447-N-01 *Title: Notice of Formula Allocations and Program Requirements for Neighborhood Stablization Program Formula Grant 13.Competition Identification Number: Title: 14.Areas Affected by Project(Cities, Counties,States, etc.): City of Fort Lupton Weld County Colorado *15. Descriptive Title of Applicant's Project: Neighborhood Stabilization 3 Weld County CO , City of Fort Lupton CO,To purchase/renovate and prepare for resale or rental of 8 foreclosed or abandoned properties OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 16.Congressional Districts Of: *a.Applicant: CO04 *b. Program/Project: CO04 17. Proposed Project: *a. Start Date: June 1,2011 *b. End Date: May 31, 2014 18. Estimated Funding($): *a. Federal 1,023,188 *b. Applicant "c. State *d. Local *e. Other *f. Program Income 'g. TOTAL 1,023,188 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a. This application was made available to the State under the Executive Order 12372 Process for review on ❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If"Yes",provide explanation.) ❑ Yes ® No 21. "By signing this application, I certify(1)to the statements contained in the list of certifications**and(2)that the statements herein are true,complete and accurate to the best of my knowledge. I also provide the required assurances**and agree to comply with any resulting terms if I accept an award. I am aware that any false,fictitious,or fraudulent statements or claims may subject me to criminal,civil,or administrative penalties. (U. S. Code,Title 218, Section 1001) ® I AGREE "The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: Ms. "First Name: Barbara Middle Name: *Last Name: Kirkmever Suffix: *Title: Chair,Weld County Board of Commissioners *Telephone Number: 970 336-7204 x4200 Fax Number: 970 352-0242 Email: bkirkmeyer@co.weld.co.us • "Signature of Authorized Representative:✓� 4/44/1/A_ 'Date Signed: 212-4///�////Authorized for Local Reproduction Standard Form 424(Revised 10/2005) FEB 1 4 2011 Prescribed by OMB Circular A-102 OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 •Applicant Federal Debt Delinquency Explanation The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt. INSTRUCTIONS FOR THE SF-424 Public reporting burden for this refection of information is estimated to average 80 mnotes per response.including tine for reviewng nstruclions,searchng existing data sources.gathering and maintaining the data needed,and competing and reverting the collection of informaton.Send comments regarding the burden estimate or any other aspect of this eo.lection of information,including suggestions for reducing this burden,to the Office of Management anc Budge. Paperwork Recuction Project 10348-0043),Washington.DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This is a standard Corm(including the connntation sheet)required for use as a cover sheet for submission of preapplicaaons and applications and related information under discreaonary programs. Some of the items are required and some are optional at the discretion of the applicant or the Federal agency(aeencv).Required stems are identified with an asterisk on the form and are specified in the instructions below.In addition to the instructions provided below,applicants must consult agency instructions to determine specific requnemenrs Item Entry: tern Entry: 1. Type of Submission:(Requ recj:Select one type of sutmiss on in 10. Name Of Federal Agency:(Required;Enter the name of the accordance with agency nstructions. Federal agency from Si ch assistance s being requestec with • Preapplication this application. • App'cation • Changed7Corrected Applicator-If requested by the agency,check 11. Catalog Of Federal Domestic Assistance Number/Title: if this submission s to change or correct a previously submitted Enter the Catalog cf Federa Domestc Assistance number anc app>ation.Unless requestec by the agency.applicants may not the of the program under which assstance is recuested,as use this to submit changes after the closing date. found in the program announcement.if app-cab e. 2. Type of Application:(Recuired)Select one type of applicatcn in 12. Funding Opportunity Numbed-1Hk,IRequred)Enter the accordance with agency nstructions. Funding Opportunity Number and tile of the opportunity under • New-An application that is being submittec to an agency for the which assistance is requested,as found in the program first time. announcement. • Coilnuaton-An extensor for an acdtonal funding'budget period 13. Competition Identification Number)Title: Enter the for a proect with a projected comp eticn date.-h s can include Corrpettion Identification Number and title of the competition renewals. under which ass stance is requested,if app-cab e. • Revsicn-Any change n the Federa Governments f nano a cb gaiter or contingent ability from an existing obligation_ f a revisor,enter the appropriate ettens). More than one may be selected.If'Other"is selectee.please specfy in text hex proviced. 14. Areas Affected By Project: List the areas or entities using A. Increase Award B.Decrease Awarc the categories(e.g,cities,counties,states.etc.:steeled in C Increase Duraton D Decrease Curator agency instructions.Use the continuation sheet tc enter E.Other(specify; add Lionel areas,if notate. 3. Date Received: Leave this fee blank.This date will be assigned by the 15. Descriptive Title of Applicant's Project: :Requ red)Enter a Federa agency. bnef cescriptive the of the proect. f appropriate,attach a map showing project location(e.g..construction or rea 4. Applicant Identifier:Enter the entity identifer assgned by the Federal property projects).Fcr preapp cations,attach a summary agency.if any.or appl cant's control number,if app cab e. desorption of the project. 5a Federal Entity Identifier:Enter the number assigned to your 16. Congressional Districts Of:(Required: t8a-Enter the organization by the Federal Agency,if any. app cant's Congressional District anc leb.Enter all Dstrictis) 56. Federal Award Identifier:For new applicators leave blank.For a affected by the program or proect.Enter in the format:2 continuation or revision to an existing award,enter the previous y characters State Abbrevatcn—3 characters Distrct Number, assigned Feceral award identifer number f a changedicorrectec e g..CA-005 for California 5"distrct.CA-012 for Ca fomia 12" application.enter the Federal lcentiler in accordance with agency dist.ct,NC-103 for North Carolina's t03i°c strict. nstructions. • If a congress anal distrcts in a state are greyed,enter 8. Date Received by State: Leave this f eld b ant This date on be 'all'for the distrct number.e.g.,MD-all for all assigned by the State,if applicable congressional distrcts in Mary and. 7. State Application Identifier: Leave this field blank.-h s dentfier w. • If nationwide .e.al districts within all states are affected, be ass gned by the State.if applicable. enter uS-all. • If the program?project s outside the US,enter 0C-OD0. 6. Applicant Information:Enter the following n accercance wth agency nstructicns: a.Legal Name:(Requires;:Enter the egal name of app cant that will 17. Proposed Project Start and End Dates:IRecuired;Enter the undertake the assstanoe actvity.This is the name that the organization proposed start date and end care of the epee. has registerec with the Central Contractor Registry.Information on registering vet CCR may be obtained by vsiting the Grants goy website- b-Employerfiaxpayer Number(EINRIN):(Required Enter the Emp oyer or Taxpayer dentficaton Number IEIN or TIN)as assigned by 18. Estimated Funding:(Requires)Enterthe amount requested the Interne Revenue Service. If your organization is not n the US.enter or to be contributed during the fist funding/budget period by 444444444. each contributor.Value of in-kind contributions should be c.Organizational DUNS:(Required)Enter the organizat on's DUNS or included on appropriate-.nes.as applicable.-f the action will DUNS+4 number received from Dun and Bradstreet. Information on result in a collar change to an existing aware, ndicate only the obta n ng a DUNS number may be obtained by v sit ng the Grants gov amount of the change.For decreases,encase the amounts in website. parentheses. d.Address:Enterthe complete address as follows:Street address:Lne 1 recu red),City/Requrec):County.State(Required. f country is US), 19. Is Application Subject to Review by State Under Executive Pray roe.Country(Required:.Zip/Postal Come(Requirec.if country sOrder 12372 Process? App cants should contact the State JS;- Singe Point of Contact ISPOC)for Federal Executve Order e.Organizational Unit: Enter the name of the primary organ zational 12372 to cetennine whether the application is subect to the unit rand department or civision.if applicabe)that will undertake the assistance activity.f applicable. State intergovernmenta review process-Seta the f.Name and contact information of person to be contacted on appropriate box. If'a' s se acted.enter the date the matters involving this application:Enter the name(F rst and last name app cation was submitted to the State required).organization affiliation(if affiliated with an organization other than the app-cant organization),telephone number(Required).fax 20. Is the Applicant Delinquent on any Federal Debt? number.and era'address(Required)of the person to contact on (Required)Select the appropriate box-This quest on applies to matters related to this application. the applicant organizaton,not the person who signs as the authorized representative.Categores of debt include del ncuent audit disa-owances,loans and taxes. f yes.include an explanation on the continuation sheet. 0. Type of App-cant:(Required; 21. Authorized Representative:/Requ red)To be signed and Select up to three applicant types;in accordance with agency dated by the authorized representative of the applicant nstructions. organ zation.Enter the name:First and last name requ-rec) A. State Government M. Nonproft with`41C3 IRS title(Required).telephone number(Required).fax number. B. County Government Status;Other than Institutor, and email address(Rewired)of the person authorized to sign C. City or Township Government of Higher Education) for the applicant a Special Dstrict Government N. Nonproft without 501C3 IRS A copy of the governing body's authonzaton for you to sign E. Regional Organ zation Status;Other than Instituton this applicaton as the official representative must be on f e in F. U.S.Terrtory or Possession of Higher Education) the applicant's off ce (Certain Federa agencies may recuire G. ndependent School District O. Private Institution of H gher that this authorization be submitted as pan df the app cation.) H. Pub-/State Ccntrollec Educaton nstitubon of Higher Education P. Indivicual I. ndiam'Native American Triba O. For-Prof t Organizaton Government(Federa y )Other than Small Business) Recognized) R. Small Business J ndian'Native American Tnba S. H spar c-servng nstitutior Government(Other than T. H storically Black Co eges Federally Recognized) and Un versites iHBCUs; K. ndiam'Native A.mencan U. Tr bally Contro led Colleges Tribally Desgnated and Un versites I CCUs: Organization V. Alaska Native and Natve L. Pub c'inc an Housing Hawai an Serving Institutions Authority W. Non-domestic(non-US; Entity X. Other;specify) Certification of Consistency with U.S.Department of Housing and Urban Development the State Analysis of Impediments I certify that the proposed activities/projects in the application are consistent with the State of Colorado's Analysis of Impediments to Fair Housing Choice Applicant Name: Weld County Project Name: NSP 3 Project for Weld County Location of the Project: Weld County Government with project area in Ft Lupton,Colorado Name of the Federal Program to which the NSP#3 applicant is applying: Name of Weld County Certifying Jurisdiction: Certifying Official of the Jurisdiction Barbara J Kirkmeyer Name: Chair Title: Signature:CZ _illft4 LLie 1211/; L/L-t'!(/i IL .12>k hi / ao)I-04L13 6sw„,.t Crgevtda 3-/4/-"otl El Wc:3 Page 1 oft form HUD-2991(398)—Amended Hello