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Home My WebLink About20091184.tiffRESOLUTION RE: APPROVE APPLICATION FOR NEIGHBORHOOD STABILIZATION PROGRAM TO ACQUIRE, REHABILITATE AND SELL FORECLOSED PROPERTIES 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 to acquire, rehabilitate and sell foreclosed properties 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 Greeley, to the Colorado Department of Local Affairs, commencing upon full execution of said application, with further terms and conditions being as stated in said application, 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 to acquire, rehabilitate and sell foreclosed properties 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 Greeley, to the Colorado Department of Local Affairs, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of May, A.D., 2009. BOARD OF COUNTY COMMISSIONERS WELD COUNfY COLORADO ATTEST: Weld County Clerk to the BY: Deputy CI to the B APPROVED AS TO FORM: Coun Attorn Date of signature: C.;/%/627 William F. G- , - hair Icy ugla ademach-r, Pro-Tem (?c , /It/ Ce i 2009-1184 FI0049 COLORADO To: Weld County Board of Commissioners From Tom Teixeira, Director WCHA RE: County Work Session NSP May 18, 2008 at 3pm 1. Policy /Action a. Approval of 2009 Application to the Department of Local Affairs Division of Housing for Neighborhood Stabilization Funds in the amount of $3,358,975 to acquire, rehabilitate and sell foreclosed properties to single family home owners. b. Approval of 2009 Application to the Department of Local Affairs, Division of Housing for Neighborhood Stabilization Funds in the amount of $1,005, 917 for acquisition, demolition and re -development of foreclosed property. c. Approval of 2009 Application to the Department of local Affairs Division of Housing for Neighborhood Stabilization Funds in the amount of $1,000,000 for the Acquisition, Rehab and Lease of multi family properties. d. For the purpose of use of Neighborhood Stabilization Grant fund; the Commissioners should adopt by resolution of the City of Greeley's Affirmative Fair Housing Marketing Guide. Below is a breakdown of the use of the $5,364,892 in funds being requested as Weld County's Share of the Neighborhood Stabilization Funds? Total grant 25% for households <50% AMI Of that, tentatively identified for Habitat Multi -family Single-family rehab budget (with up to 25% for demo noted) 70% Greeley targeted Of that — 25% targeted to blighted/demo activity 30% County targeted Of that — 25% targeted to blighted/demo activity Habitat targeted Projected units' Greeley SF rehab, resell County SF rehab, resell Habitat SF rehab, resell $5,364,892 1,341,223 341,223 1,000,000 $4,364,892 2,816,568 704,142 1,207,101 301,775 341,223 13 6 3 Greeley demo & redevelop 6 County demo & redevelop 3 Multi -family 8-12 units STATE OF COLORADO NSP PROGRAM APPLICATION OVERVIEW A. Introduction In 2008, the federal government passed the Housing and Economic Recovery Act (HERA), the first new legislation in a generation for housing and economic development. HERA appropriated $3.92 billion for the Neighborhood Stabilization Program (NSP) to support the acquisition, rehabilitation or demolition of foreclosed and abandoned properties. The State of Colorado was awarded $34,013,556 (the total is $37.9 million when the allocation to Colorado Springs is added) in NSP funds. B. NSP Program Goals The level of foreclosures in Colorado has placed an increased burden on the economy and affected families. Housing agencies and programs are also strained as they work to assist families and individuals caught in this national tragedy. Colorado Department of Local Affairs, Division of Housing will use the NSP funds for the purposes intended — to promote neighborhood stabilization in those areas experiencing high foreclosures and high rates of property value depreciation. The Neighborhood Stabilization Program (NSP) Action Plan outlines the strategic role of the State of Colorado to achieve three major goals: 1 Assist in stabilizing the property values in targeted communities by decreasing the rate of decline in property values in the nine counties and two cities with the highest foreclosure rates. 2 Purchase and rehabilitate abandoned or foreclosed housing in the highest impacted areas quickly to lessen the extended negative impact of foreclosed and blighted properties in neighborhoods. 3 Acquire abandoned or foreclosed properties to provide housing for the most severely cost burdened households, remaining affordable for the greatest period of time. C. NSP Activities Eligible NSP activities allowed in the State of Colorado NSP Substantial Amendment: 1 Purchase and Rehabilitate Abandoned or Foreclosed Multifamily Properties 2 Purchase and rehabilitate Abandoned or Foreclosed Single Family Properties 3 Acquisition and Demolition of Blighted Structures 4 Pre- and post -purchase Homebuyer Counseling 5 Establish/Coordinate Funding Mechanisms 6 Administration D. NSP Program Allo;ations to Local Governments JURISDICTION TOTAL NSP GRANT VERY LOW-INCOME SET -ASIDE (25% of Funds) [All jurisdictions incur the 25% Set - aside requirement] Adams County $ 2,749,808 $9,479,639 (minimum) Arapahoe County $ 2,129,379 Aurora, City of $ 2,552,950 Broomfield, City and County of $ 429,762 Colorado Springs, City of $ 3,676,575* Denver, City of County of $ 3,541,519 Douglas County $ 3,635,661 El Paso County $ 1,177,991 Jefferson County $ 6,010,553 Pueblo County $ 2,857,610 Weld County $ 5,364,892 PROGRAMMATIC $34,126,700 Administrative dollars will be considered on a case -by -case basis. Page 1 of 24 2009-1184 STATE OF COLORADO NSP PROGRAM APPLICATION E. NSP Program Requirements The State of Colorado, managing jurisdictions and program implementers must follow program requirements defined by HUD when carrying out the NSP plan. While the NSP is funded through a special allocation, similar to the CDBG program, some program requirements vary from existing CDBG regulations. The full Colorado NSP Substantial Amendment can be accessed at http://www.dola.state.co.us/cdh/developers/documents/cDOH Budget 4-1-08 Denver.xls NSP program requirements include: • NSP funds must be expended within 18 months of the date of receipt. A 5 year reinvestment period with a term ending July 30, 2013. Households purchasing properties must undergo a minimum of 8 hours of HUD -approved homeownership counseling. • 100% of all funds shall be used to serve families whose income does not exceed 120% of AMI. • 25% of all funds shall be used to serve families whose income does not exceed 50% of AMI. • Rehabilitation Standards must be established (minimum of Housing Quality Standards and local codes, with green building and energy and water efficiency encouraged). • Sale prices of abandoned or foreclosed homes purchased or redeveloped and sold to individuals as a primary residence shall be equal to or less than the cost to acquire and redevelop the home. • Purchase prices of homes can include closing costs. • Costs for maintaining the homes in a static condition are not allowed, e.g., boarding up, lawn mowing, etc. • Documentation must be maintained on the purchase and sale amounts of each property and the sources and uses of funds for each activity. • Appraisals are required on all acquisitions using NSP funds. • Foreclosed homes uhall be purchased at a discount of at least 5% from the current market -appraised value. The average discount during the 18 month period shall be at least 15%. • Administrative fees up to 2% for non -Direct and reasonable developer fees to operate the NSP are allowed. All other funds must be recycled back into the program for a period of five years. After that time period, all funds must be returned to the Federal Treasury. • Lead -based paint rules apply on all units built prior to 1978. • Davis Bacon and the Uniform Relocation Act apply on structures with 4 or more units. Section 3 applies. • Environmental and historic clearance procedures must be followed. • An Affirmative Action Plan to further fair housing will be required. • Monthly reporting on NSP obligations and expenditures. • Ensure monitoring and compliance with all federal, state and city requirements. F. Local Jurisdiction Roles Local governments will provide or enlist partners who have comprehensive real estate expertise in finance, acquisition, rehabilitation and disposition of properties and can adhere to all socio-economic, geographic and other regulatory mandates. The NSP carries a stringent deadline process and the ability to provide monitoring, documentation and completion of all program activities will be assessed by CDOH in underwriting applications. Local jurisdictions will have to oversee provision of all services necessary to implement the State of Colorado NSP Substantial Amendment and a priority will be placed on your ability to provide and implement innovative strategies and ideas. The jurisdiction will need to provide, assemble a team of partners to provide, or ensure completion of each required component of the NSP. Key roles and services the jurisdictions will be responsible for providing or coordinating are: • Project/partner management • Acquisition • Rehabilitation • Inspections • Demolition • Land banking/assemblage • Redevelopment • Property management • Realtor/lender liaison • Marketing properties • Property sales • Homebuyer counseling • Provision of ancillary services — appraisal, title work, realtors, contractors, engineers, etc. • Administration, compliance, monitoring and reporting (adherence to and documentation of any applicable requirements and regulations). Page 2 of 24 Neighborhood Stabilization Program (NSP) Application PROJECT # (CDOH ONLY) AMOUNT REQUESTED $3,358,975 DATE RECEIVED (CDOH ONLY) SECTION 1 — APPLICANT CONTACT INFORMATION A. Applicant Information Weld County & City of Greeley Single -Family Homeownership Project Name Weld County Name of Applicant / Organization 915 10th Street, P. O. Box 758, Greeley, CO 80632 Address 906 6th St., P. O. Box 130, Greeley, CO 80632-0130 Contact Person Address 970-353-7437 x103 Contact Person Telephone Number Applicant's State ID Number B. Chief Elected Official William F. Garcia, Board Chair Name of Chief Elected Official of Jurisdiction 915 10th Street, P. O. Box 758, Greeley, CO 80631 Address Tom Teixeira, ED, Weld County Housing Authority Contact Person Tom(a oreeley-weldha.org Contact Person E -Mail Contact Person Fax Number Applicant's Federal ID Number Organization's DUNS Number Same as above Contact Person Address 970-356-4000 x4210 Contact Person Phone Number Monica Daniels -Mika Contact Person mmika@co.weld.co.us Contact Person E -Mail Contact Person Fax Number 1. Do you have documentation from the chief elected official that demonstrates your activities are approved and consistent with its N3P priorities? (Please attach documentation.) YES. ® NO ❑ 2. What type of organization are you? (Check one) 3. For which jurisdictions are you applying? ❑ NSP entitlement city or county ® County or city that administers NSP funds directly ❑ Other local unit of government that administers NSP funds directly (e.g., PHA) ❑ Nonprofit Corporation ❑ Community Devnlopment Financial Inatitution (CDFI) ❑ For Profit Corporation ❑ Other (Please list) ❑ Adams County ❑ Arapahoe County ❑ Aurora (City of) ❑ Broomfield (City and County of) ❑ Colorado Springs (City of) ❑ Denver (City and County of) ❑ Douglas County ❑ El Paso County ❑ Jefferson County ❑ Pueblo County Z Weld County ❑ Multiple Jurisdictions (Checked above) 4. How will you administer state NSP funds? ❑ Directly administer ® Sub -grant to local subrecipients Combination of direct administration and sub -granting 1-8-2009 Page 3 of 20 STATE OF COLORADO NSP PROGRAM APPLICATION SECTION 2. PROJECT DESCRIPTION YOU MAY ANSWER THESE QUESTIONS BY ATTACHING AND REFERENCING YOUR OWN NSP PLAN OR OTHER INTERNAL DOCUMENTS, BUT PLEASE ENSURE THAT YOUR MATERIALS ADDRESS EACH CDOH QUESTION. IF YOUR INFORMATION NOT YET SPECIFIC, PLEASE PROVIDE ESTIMATES FOR EACH QUESTION. 1. Low -Income Targeting A. Identify the estimated amount of funds to be used to purchase and redevelop abandoned or foreclosed homes or residential properties for housing individuals or families whose incomes do not exceed 120% percent of area median income: $5,364,892 (including all project costs and project administration) The entire grant will be used for the purpose of purchasing and redeveloping abandoned or foreclosed homes or residential properties for housing for individuals or families whose incomes do not exceed 120% of the AMI. B. How will you meet the requirement that 25% of your funds are used to serve families whose income does not exceed 50% of AMI. This requirement will be met by partnering with two local organizations which serve the 50% AMI segment of the population: Greeley Area Habitat for Humanity (ownership opportunities) and Greeley Housing Authority (rental and lease -to -own opportunities). A minimum of $1,341,223 (25% of the overall grant) will be used to serve families earning 50% or less than the Area Median Income, as required. Projections are for the purchase of one or more multi -family units totaling $1,000,000 and acquisition, rehab, and resell of three Habitat units totaling $341,223. 2. Acquisitions and Relocation Indicate whether you intend to demolish or convert any low- and moderate -income dwelling units (i.e., ≤ 80% of area median income). If so, include: • 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. • The number of NSP affordable housing units made available to low- , moderate-, and middle -income households—i.e., ≤ 120% of area median income —reasonably expected to be produced by activity and income level as provided for in DRGR, by each NSP activity providing such housing (including a proposed time schedule for commencement and completion). • The number of dwelling units reasonably expected to be made available for households whose income does not exceed 50 percent Of area median income. • Estimates are that approximately 6 City of Greeley and 3 County units may be demolished (up to approximately 25% of the grant after subtracting 50% to be used for households earning <50% AMI). These units are addressed on a separate application. • Affordable units are estimated as follows: <50% AMI — 3 single family units; 50-80% AMI - 9 SF units 80-120% AMI - 10 SF units. Purchase of the units would begin as soon as funds are available. The activity would continue until funds are expended prior to the 18 month deadline. • Under this category, it is anticipated that Habitat will construct 3 single-family units. 3. Responsible Organization: (Describe the responsible organization that will implement the NSP activity, including its name, location, and administrator contact information) City of Greeley — Greeley Urban Renewal Authority 1100 10'" Street, Suite 201 Greeley, CO 80631 (970) 350-9380 Rebecca L. Safarik, Community Development Director J. R. Salas, Carol Larsen — Greeley Urban Renewal Authority staff The Greeley Urban Renewal Authority administers the HOME Investment Partnerships Program grant and the Community Development Block Grant for the City of Greeley. Additionally, staff is responsible for the Housing Page 4 of 24 Neighborhood Stabilization Program (NSP) Application Rehab Program, Home Buyer Assistance Program (down payment), Homes Again Purchase Program (homeownership opportunities), the Acquisition Program (for blighted properties, and includes demolition contracts), and other projects as identified. The staff has experience in comprehensive management of rehab jobs, loans, provides housing counseling to families purchasing through the Homes Again Program. Staff also provides management of the rehab contracts for the County. Included in the overall grants administration are environmental reviews. GURA has worked with local real estate agents, title companies, appraisers, and lenders in the purchase of properties, including several properties in foreclosure. Because the target areas are within GURA's target neighborhoods boundaries, staff is aware of the overall neighborhood conditions and problems. A staff member is fluent in spoken and written Spanish. GURA also manages the down payment assistance loans for properties inside the Greeley city limits. These funds could potentially be available to buyers in this program. 4. briefly Potential Partnering Organizations (Please list organizations that you will potentially partner with for your project, and describe their role in the project. Greeley and Weld County Housing Authorities 903 6'" Street Greeley, CO 80631 Tom Teixeira, Executive Director The Housing Authority will provide oversight of the project for properties purchased outside the Greeley city limits. It currently processes applications and manages the loans of the County Housing Rehab Program and contracts with GURA staff for management of the rehab contract. The Housing Authority staff has extensive experience in managing the Section 8 and Public Housing Programs for the City of Greeley and Weld County and in property management for those programs. If GURA is unable to sell its houses, it is expected that the Housing Authority would manage the rentals of those properties. Housing Authority will help meet the grant's requirement that 25% be used for persons earning <50% of the AMI. The Housing Authority also manages down payment assistance loans for areas outside the Greeley city limits, which could be accessed by buyers of homes in this program. Greeley Area Habitat for Humanity 104 N. 16th Avenue Greeley, CO 80631 Linda S. Akers, MSW, Executive Director GURA is negotiating with the Greeley Area Habitat for Humanity (GAHFH) to develop three units targeted to the 50% AMI requirement. It (GAHFH) is a major provider of affordable housing in Greeley. Currently, they are in the middle of developing a 60 -unit subdivision of single-family houses, its second housing development in Greeley. Due to the cost of new construction, the GAHFH homeownership program recently expanded to include the purchase and rehab of single-family houses in foreclosure. GAHFH purchased its first foreclosure property in March 2009 and will soon start the rehab. The City of Greeley works closely with this affiliate and partners extensively with them through HOME Investment Partnerships grants. Habitat will also help meet the grant's 25% requirement, as that is the income population they work with. This partnership has not been confirmed due to the requirement that they not keep program income. 5. that The Location Description: (Include specific addresses, blocks or neighborhoods to the extent known. Please make sure all single family activities are in income -eligible areas with risk scores of 7-10.) following locations have been targeted based on HUD risk scores 7-10 and need: County areas — Evans, Fort Lupton, Eaton 1-8-2009 Page 5 of 20 Neighborhood Stabilization Program (NSP) Application City of Greeley: A. Northeast Greeley (231d Avenue east to Hwy. 85 Bypass; 10th Street north to C Street) B. Sunrise Park neighborhood (Hwy. 85 Bypass west to 8th Avenue; 16th Street north to 5th Street) C. East Greeley (Hwy. 35 Bypass east to Cherry Avenue; 18th street south to 32nd Street) D. East UNC neighborhood (11th Avenue east to Hwy. 85 Bypass; 13th Street south to 25th Street) E. Farr Park/Hillside neighborhoods (11th Avenue west to 23`d Avenue; 24th Street south to Hwy. 32 Bypass) F. John Evans neighborhood fHwy. 34 Bypass south to 32nd Street; 11th Avenue west to 23`d Avenue) G. South Central Greeley (11t Avenue west to 35th Avenue; 10111 Street south to 16th Street) H. North Central Greeley (23ffl Avenue west to 47th Avenue; 10th Street north to C Street) 6. Activity Description: (Include a narrative for both owner and rental units as applicable. This application is specific to the acquisition, rehab, and resale of single-family units to qualified owner - occupants. A maximum of 25% of the funds for this activity may involve demolition of blighted residential units and banking for future residential development. See Attachment A for information on this activity as requested below. For housing related activities, include: • tenure of beneficiaries --rental or homeownership; • duration or term of assistance; • a description of how the design of the activity will ensure continued affordability. For acquisition activities, include: • discount rate For financing activities, include: • range of interest rates 7. How will you leverage additional funds? Additional housing rehabilitation funds may be available from the City's Community Development Block Grant understanding that any mix of CDBG funds would require additional restrictions. Down payment assistance (up to % of the down payment and closing costs) is available through both the County and the City and may be available to purchasers of the rehabilitated homes. CDBG funds may be used to improve infrastructure in the neighborhoods on an as needed basis. GURA has funds currently available for weatherization for households earning >80% AMI that may be used to leverage the NSP funds. 8. What is your property acquisition plan, and how you will support on -going carrying costs? The acquisition plan is to work through the National Community Stabilization Trust and local real estate agents to identify properties prior to listing, as much as possible. Because properties are selling so quickly early identification is imperative. As properties are identified, rehab program staff will inspect them and estimate costs to rehab. A decision to purchase can then be made prior to the property being listed. Acquisition may also include properties that have been on the market an extended number of days. These are the properties that will blight the neighborhood if left vacant, and are generally the less desirable properties. 1-8-2009 Page 6 of 20 Neighborhood Stabilization Program (NSP) Application To meet the goal of approximately 22 properties under this activity and allow adequate time to contract for house rehabilitation, the applicant plans to purchase approximately 12 properties during the first six months approximately six during the next three months, and another four during the next three months. Earned developer fees will be used to support carrying costs for any extended holding periods. 9. For units resulting in homeownership, describe the affirmative marketing plan that includes specific tools, techniques and sales methods to reach underserved homebuyers. The City of Greeley's Affirmative Marketing Plan, as updated and submitted to HUD for approval during May, will be followed. Any developers/partners/and contractors providing services (such as real estate firms) will be required to follow the same document. a. List specific financial products, services and assistance that may be used in conjunction with NSP requested activities to initiate home sales. The City and the County both have down payment/closing cost assistance programs that will be made available. GURA staff has substantial information available on home buying and financial management that will also be available to purchasers of these home. b. Describe the experience of the end developer with home sales or how what will be required if the end developer has not yet been determined. End developers at this time are expected to be the City of Greeley Urban Renewal Authority Division and Habitat for Humanity. Both have significant experience in housing rehabilitation, construction management, and home sales. 10. For rental units, describe the affirmative marketing plan that includes specific tools and techniques to reach underserved homebuyers. These units will onli' be rentals if needed to meet the 50% AMI requirement or if it appears that there will be extended marketing periods. It is not the intent of the applicant to have rehabbed houses sitting vacant for any length of time. 11. What housing rehab standards will you use for your program? The rehab standards currently in use by the Greeley Urban Renewal Authority, as modified for the NSP program will be used for this program. All City of Greeley codes will be followed. 12. Please provide evidence of procedures you will put place to monitor the discount of 5% for each individual property purchased and a minimum average discount of 15% for all properties acquired. GURA will work with the National Community Stabilization Trust as much as feasible to buy properties in bulk at a discounted rate. Additionally, GURA staff has a good working relationship with the maior foreclosure Realtors in this community, and will work closely with them to identify properties before they are marketed. A spreadsheet of acquisitions will be maintained indicating the appraised value, purchase price, and discount on each property. Additionally, an aggregate discount will be shown to track compliance of the overall program for Weld County and the City of Greeley. The spreadsheet is included as Attachment B. 1-8-2009 Page 7 of 20 Neighborhood Stabilization Program (NSP) Application 13. If undertaking an activity that results in homeownership: a. Who will provide the homeownership education prior to purchasing a home? Two local non -profits have been identified as HUD -certified (or soon to be HUD -certified) and have agreed to provide homeownership education. Habitat for Humanity is currently working towards certification, as well. • Greeley/Weld County Housing Authorities • Consumer Credit Counseling Services of Northern Colorado & Southeast Wyoming • Habitat for Humanity b. How will people be referred to the provider? GURA will underwrite buyers to this program to ensure eligibility. Partnering real estate brokers will then be contacted with the referral. Real estate agents may also refer their buyers to GURA for review and will be notified if they meet the NSP qualifications. Other referrals may come from the local lending community and agencies working with persons earning 120% or less than the area median income. c. Outline the process for ensuring that homebuyers obtain a mortgage loan from a lender who agrees to comply with the bank regulators guidance for non-traditional mortgages. Only fixed rate mortgages will be allowed for purchases of a NSP property. In all probability, they will be 30 - year terms, but if 15 -years is possible with fixed interest rates, that will also be explored. A pool of lender partners may be identified during the process so that upfront training can be provided as to what is required. 14. Have you read the CDOH Energy -efficiency policy? 0 Yes ❑ No Explain how your program will improve energy efficiency? Many of the houses in the target areas were built prior to energy efficiency and have little insulation, single -pane windows, and appliances and furnaces that don't meet today's energy standards. Houses that are acquired and rehabilitated, constructed, or moved -in and rehabilitated will all be rehabilitated for maximum energy efficiency including new windows and storm doors, insulation, 90% efficient furnaces, and kitchen appliances that have a high energy rating, as applicable. Energy -efficiency has long been addressed as part of the Urban Renewal's housing rehabilitation program and for Habitat for Humanity's new construction of owner -occupied housing; NSP will continue with that as a priority. Additionally, any units constructed on properties where the housing structure was demolished will be reconstructed for maximum energy efficiency. 1-8-2009 Page 8 of 20 STATE OF COLORADO NSP PROGRAM APPLICATION SECTION 3 — CAPACITY Direct Experience with Federal Funds Do you have experience administering CDOH funds (HOME, CDBG, HDG) funds? If yes, provide the most recent project name Z Yes ❑ No • Weld County does not have experience administering the noted federal funds. Because of that, we (City of Greeley) have approved an Intergovernmental Agreement with the City of Greeley -Urban Renewal Division to be administrators of the NSP grant. GURA has long administered both the Community Development Block Grant and HOME Investment Partnerships grant for the City. Will you be contracting with an experienced CDBG administrator? ® Yes ❑ No • The Urban Renewal Authority administers both the CDBG and HOME grants for the City and operates the Housing Rehab program, which utilizes CDBG funds. It has worked closely with Habitat for Humanity on the development of a 60 -unit subdivision — Habitat North. The Authority also manages the County's Housing Rehab Program for the Housing Authority. If yes, provide the following information: 1. Designated contact person Rebecca Safarik or Carol Larsen 2. Contact person address 1100 10th Street, Suite 202, Greeley, CO 80631 3. Contact person email becky.safarik(agreeleygov.com or carol.larsengreeleygov.com Stabilization Experience — For state subrecipients that will subgrant NSP awarded funds to local subrecipients: 1. Have you selected local subrecipients? a. If yes, list which local subrecipients have been selected on a per activity basis. Include information on how the capacity of local subrecipients to undertake development activities was evaluated. The following entities are targeted as subrecipients. Only the City of Greeley is expected to participate in all three of the applications submitted (acquire, rehab, and resell for single-family ownership, acquire and rehab multi -family for lease, and acquire for demo and redevelopment. • City of Greeley — In addition to administering the grant, the City of Greeley will be the Subrecipient of approximately 70% of the NSP grant. This is population -based (i.e. Greeley has approximately 70% of the County's population). The City intends to initiate three programs: Acquisition, demo, and land bank; acquisition, rehab, and resell of single-family units; and, as available, acquisition, rehab and lease of multi -family units. All activities will be in census tracts with HUD risk scores of 7-10, as required. See Section 2 Number 3 for additional information on the Greeley Urban Renewal Authority which will implement the programs. • Greeley Area Habitat for Humanity - Greeley Area Habitat for Humanity (GAHFH) was formed by a group of local volunteers who saw the need for affordable housing and decided to put faith and love into action. Officially recognized in 1987, the affiliate completed its first home in 1988. The City of Greeley has been a long-time partner with GAHFH through CDBG and HOME funds. Habitat currently has a 60 -unit subdivision under development (approximately % built -out), and has shifted the majority of its focus to purchasing and rehabbing foreclosures. GAHFH has a highly experienced staff— including in the areas of construction, family identification and counseling, and post -purchase education. • Greeley/Weld County Housing Authorities - The Weld County Housing Authority is a five -member body comprised of the Board of County Commissioners to help meet county needs for decent and affordable housing. The Housing Authority in past years has focused in two areas: rental assistance programs and housing rehabilitation services. Page 9 of 24 Neighborhood Stabilization Program (NSP) Application The HUD Section 8 Existing Program enables families who ordinarily would not be able to afford it the opportunity to live in decent, privately owned housing. Through the program, eligible families pay no more than 30% of their monthly income for rent and may find any type of housing as long as the housing meets HUD housing quality standards. Funding for the Section 8 Existing Program comes from the U.S. Department of Housing and Urban Development. The Housing Authority has provided housing rehabilitation services in the County since 1983. Housing rehabilitation services are available through two programs: the owner occupied program and the rental rehabilitation program. Funds are provided to eligible owner -occupants as a deferred payment loan or as straight loan. The rental rehabilitation program requires rental property owners to provide matching dollars toward rehabilitation costs. b. If no, describe the process and timeline to identify local subrecipients. Include information on how the capacity of local subrecipients to undertake the development activities will be evaluated. Not applicable c. How will you ensure that your local subrecipients conduct activities on a timely basis? Activities will initiate with the Urban Renewal Authority. Housing rehabilitation for the County will also be managed by the Authority, so staff will be in frequent contact with Housing Authority staff as the protect progresses. The Authority has a good working relationship with the staff of Habitat for Humanity works with them on a regular basis due to HOME projects in which they are involved. Both understand the time - constraints of the NSP and are ready to work with the Authority to accomplish the goals set forth in this application. 2. Describe the monitoring plan to ensure accurate and timely quarterly reporting to Colorado Division of Housing on local subrecipient activities. Degree of Readiness — Provide an estimated development schedule for each activity for which funds are requested. See "Outcome" on the following page. 1-8-2009 Page 10 of 20 Neighborhood Stabilization Program (NSP) Application Outcomes — for each activity for which funds are requested in the chart below (from selection date). of Colorado Division of Housing's Program Concept for the definition of "obligated." as Show See expected outcomes definitions section 6 Months $ obligated # of units obligated 9 Months $ obligated # of units obligated 12 Months $ obligated # of units obligated Financing mechanisms Purchase rehab — Single- family ownership $1,287,800 12 2,803,082 18 3,358,975 22 Purchase rehab — multi- family for lease** $1,000,000 8-12 Land Banking See demo See demo See demo See demo See demo See demo Demolition $338,550 4 $819 950 7 $1,005 917 9 Redevelopment o Program Program income income TOTAL X1,626300 16 $3 623 032 25 $5,364 892 39-43 **Addressed in this application. Land banking/demolition/redevelopment has a separate application, does purchase of multi -family units. REGULATORY INFORMATION PLEASE EXPLAIN OR ADDRESS HOW YOUR LOCAL APPLICATION PROCESS WILL EVALUATE THESE REGULATORY REQUIREMENTS, i.e. DO YOU HAVE A PROCESS IN PLACE? • ENVIRONMENTAL ISSUES Before CDBG, HOME and NSP funds can be obligated, expended, or drawn down from the state, the grantee must complete and submit an environmental review for each project. The extent and complexity of each environmental review will be based on the nature of the project activity. Projects like tenant -based rental assistance, rehabilitation, and new construction will all have different levels of environmental review, based on their respective environmental impacts. For projects involving rehabilitation and construction, grantees will have to examine a number of factors, including: historic preservation, flood hazards, ambient noise levels and proximity of explosive hazards and airport clear zones. In some instances, additional publication requirements in a local paper may also be necessary. An overview of federal environmental review requirements and corresponding environmental review forms can be found on the DOLA website at http://www.dola.state.co.us/dlq/fa/NSP/NSP quidebook.html#section iv. For more information on environmental review requirements, grantees can contact Tamra Hooper at 303.866.6398 or by e-mail at tamra.hooper(a)state.co.us. Process in Place? ® Yes No • LEAD -BASED PAINT/ASBESTOS There are a number of federal requirements for notification, evaluation and reduction of lead -based paint hazards that housing projects built before 1978 need to meet before receiving federal funding. Similarly, there are a number of inspection requirements and mitigation measures associated with asbestos in older housing projects. If a grantee suspects that either lead -based paint or asbestos is present on a project site, it is important to contact CDOH staff. 1-8-2009 Page 11 of 20 Neighborhood Stabilization Program (NSP) Application • For more information on lead -based paint/asbestos issues, please contact Rick Hanger at 719.544.2466, rick.hanger(a)state.co.us for questions about asbestos or lead -based paint. • When using federal funds environmental reviews are required. If we can mitigate any potential environmental issues at the application stage it can minimize added time and cost to the project. YES NO For housing rehabilitation applications: Do you have a process in place to evaluate of asbestos hazards? XXX For housing rehabilitation applications: Do you have trained and certified lead -based paint contractors in place to evaluate lead -based paint hazards for your community? XXX Do you have a process in place to identify flood hazard areas? For questions contact: Larry Lang, Colorado Water Conservation Board, (303) 866-3311 XXX Do you have a process in place to identify geological hazard areas? Not applicable in the target areas identified. For questions contact: Pat Rodgers, Colorado Geological Survey, (303) 866-2611 Do you have a process in place to identify properties that have historical, archeological or cultural resources that must be evaluated by the State Historical Society? Dan Corson, State Historical Society, (303) 866-2673 XXX Do you have a process in place to ascertain if a proposed project or acquisition is located within 1,000 feet of a major highway, 3,000 feet of a railroad, 15 miles of a commercial airport or near military airfields or some other major noise source? XXX Do you have a process in place to ascertain if a proposed project or acquisition is located within one -mile of aboveground storage tanks, transmission pipelines or loading facilities for explosive or fire -prone substances? Will be identified, if applicable, as part of the site specific checklist for environmental review. XXX **If a Phase I Environmental Audit has been completed for any property, please attach a copy. Not applicable This does not replace the HUD Environmental Clearance 1-8-2009 Page 12 of 20 STATE OF COLORADO NSP PROGRAM APPLICATION REGULATORY INFORMATION, con't • ACQUISITION ISSUES — For questions contact Lucia Smead (303) 866-3128 When the proposed project involves the acquisition of any land or buildings will you follow HUD regulations for acquisition? YES NO XXX • RELOCATION ISSUES — For questions contact Lucia Smead (303) 866-3128 Will occupied foreclosed units be pursued in your communities? You will need to comply with relocation rules. YES NO XXX If yes, are the displaced households considered low-income? When this occurs you will'need to document incomes. Describe the steps you will take to minimize displacement: Applicant does not intend to pursue any property that would create displacement. What assistance/benefits will be provided to displaced households? Not applicable. See above. • REPLACEMENT ISSUES ARE MODIFIED FOR NSP — For questions contact Lucia Smead (303) 866-3128 Number of units to be demolished or converted A maximum of 6 demolished units are anticipated. Affordable units to be produced (LMMI) by activity and income level. Units for 50% AMI NOTE: PLEASE BE AWARE THAT HUD REQUIRES ACTUAL DATA FOR THIS ACTIVITY, SO KEEP GOOD RECORDS ON THIS AND ALL OF YOUR ACTIVITIES! • PROJECTED PROGRAM OUTCOMES - PLEASE TRACK THE FOLLOWING: TOTAL: Number of units meeting the Energy Star standards: 100%. Number of units designated for persons with HIV/ AIDS: none specifically targeted. Of those, the number of units for chronically homeless: Number of units designated for homeless: none specifically designated. Of those, the number of units for the chronically homeless: • ACCESSIBILITY When using federal funds, Section 504 requires that in projects with five (5) or more new rental units, five percent (5%) of all units must be accessible to persons with disabilities according to the Uniform Federal Accessibility Standards and two percent (2%) must be sensory adaptable. There are similar requirements for projects that make substantial alterations. The remainder must meet the accessibility requirements of the Federal and State Fair Housing Act, which require that all units in elevator buildings and ground units in other buildings be accessible. Please track and report on the number of units meeting Section 504-accessiblecompliance: For questions contact: Lucia Smead (303) 866-3128 Page 13 of 24 Neighborhood Stabilization Program (NSP) Application • DAVIS-BACON WAGE RATES Contact Lucia Smead at (303) 866-3128 with questions & for local Davis -Bacon wages rates Are Davis Bacon -Rates included in your construction cost estimates? When applicable. Single-family rehabs are exempted from Davis Bacon Rates. See Attachment E to determine if Davis -Bacon applies. YES NO 1-8-2009 Page 14 of 20 STATE OF COLORADO NSP PROGRAM APPLICATION AUTHORIZED SIGNATURE SHEET The Chief Elected Official of the governmental unit, officer of the private corporation, or appropriate signatory must sign below. In the case of multi -jurisdictional applications for NSP funds, an executed Intergovernmental Agreement must be submitted, designating a lead governmental agency as the applicant and administrator of any award. If an IGA is not available, the Chief Elected Official of EACH local government must sign. To the best of my knowledge and belief, statements and data in this application, including the required Statement of Assurances and Certifications (Attachment A), attached tables and other documentation, are true and correct. SignatureV (4' Name (Typed or Printed) William F. Garcia Title Signature Signature Name (Typed or Printed) Name (Typed or Printed) Title Weld County Commissioners Board Chair Date MAY 2 0 2009 Title Date Date Signature Signature Signature Name (Typed or Printed) Name (Typed or Printed) Name (Typed or Printed) Title Title Title Date Date Date Page 15 of 24 STATE OF COLORADO NSP PROGRAM APPLICATION ATTACHMENT A APPLICANT STATEMENT OF ASSURANCES AND CERTIFICATIONS The application must adhere to the following assurances and certification, that it: 1) possesses legal authority to apply for the loan/grant and to execute the proposed project, and its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the filing of the application, including all understandings and assurances required, and directing and authorizing the applicant's chief executive officer and/or other designated official representatives to act in connection with the application and to provide such additional information as may be required; and 2) will give the State, the U.S. Department of Housing and Urban Development (HUD), and any state authorized representatives access to and the rights to examine all records, books, papers or documents related to the application and grant 3) is following a detailed citizen participation plan which: provides for and encourages citizen participation that emphasis on participation by persons of low and moderate income who are residents of areas which Community Development Block Grant (CDBG), Home Investment Partnership (HOME), Housing Development Grant (HDG), Revolving Loan Fund (RLF), and Neighborhood Stabilization Program (NSP) funds are proposed to be used; II. provides citizens with reasonable and timely access to local meetings, information, and records relating to its proposed and actual use of CDBG, HOME, HDG, RLF and NSP funds; IV. provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the applicant; provides information to citizens about programs and proposals and questions at all stages of the community development program, including at least assessing needs, review of proposed activities, and review of program performance, which hearings shall be held after adequate notice at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped; V. provides for a timely answer to written complaints and grievances, within 15 working days where practicable; and VI. identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate. 4) has provided for and encouraged citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of areas in which CDBG, HOME, HDG, RLF and NSP funds are proposed to be used; by: furnishing citizens information concerning the amount of funds available for proposed housing activities and the range of activities that may be undertaken, including the estimated amount proposed to be used for activities that will benefit persons of low and moderate income. Its plans for minimizing displacement of persons as a result of activities assisted with CDBG, HOME, HDG, RLF and NSP funds and its plan for assisting persons actually displaced as a result of such activities; publishing a proposed project plan/application in such a manner to afford citizens an opportunity to examine its content and to submit comments on the proposed project plan/application and on the community development performance of the urisdiction MAY 2 0 2009 Signature, Chief Elected Official/Executive Director/President Date Page 16 of 24 STATE OF COLORADO NSP PROGRAM APPLICATION ATTACHMENT B DISCLOSURE REPORT 1. Are you requesting more than $200,000 from the Division of Housing? Yes_XXX No _ 2. Have you received or applied for other HUD funding for this project that would make the total amount of HUD funds in the project more than $200,000? Yes No No other funds applied for If the answer to either 1 or 2 of this Part is "Yes", then you must complete the remainder of this report. If the answer to both 1 and 2 of this Part is "No", then you are only required to sign the following certification and need not complete the remainder of this report. I hereby certify that this information is true. Chief Elected Official/Executive Director/President 3. Financial Investors Date Alphabetical List of All with a Financial Interest in the Project of over $50,000 or 10% of Total Project Costs Soc. Security or Employer ID # Role in Project Financial Interest in Project ($ & %) N/A N/A N/A 4. I hereby certify that the information provided in this disclosure is true and correct and I am aware that any false information provided or lack of information knowingly made or omitted may subject me to civil or criminal penalties under S3ction 1001 of Title 18 of the United States Code. In addition, I am aware that if I knowingly and materially violate any required disclosure of information, including intentional nondisclosure, I am subject to a civil money penalty not to exceed $10,000 for each violation. Chi ted-'i. al/Executive Director/President Date MAY 2 0 2009 Page 17 of 24 STATE OF COLORADO NSP PROGRAM APPLICATION ATTACHMENT C RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN The County of Weld and City of Greeley will replace all occupied and vacant low/moderate income dwelling units demolished or converted to a use other than as low/moderate income housing as a direct result of activities assisted with HOME funds, as required by Section 105(b) of the Cranston -Gonzales National Affordable Housing Act (42.U.S.C. 12705(b)) and or with NSP funds, as required by Section 104(d) of the Housing and Community Development Act of 1974, as amended (the Act). All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the County of Weld and City of Greeley will make public and submit to the State the following information in writing: Description of the proposed assisted activity; the general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate dwelling units as a direct result of the assisted activity; and a time schedule for the commencement and completion of the demolition or conversion. 2. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; the source of funding and a time schedule for the provision of replacement dwelling units; and, the basis for concluding that each replacement dwelling unit will remain in a low/moderate income dwelling unit for at least 10 years from the date of initial occupancy. 3. Information demonstrating that any proposed replacement of housing units with smaller dwelling units (e.g., a 2 -bedroom unit with two 1 -bedroom units), or any proposed replacement of efficiency or single -room occupancy (SRO) units with units of a different size, is appropriate and consistent with the housing needs and priorities identified in the approved Consolidated Plan. To the extent that the specific location of the replacement housing and other date in items 1 through 3 are not available at the time of the general submission, the County of Weld and City of Greeley will identify the general location of such housing on a map and complete the disclosure and submission requirements as soon as the specific data are available and will provide relocation assistance, as described in 570.496a(b)(2): to each low/moderate income household displaced by the demolition of housing or by the conversion of a low/moderate income dwelling to another use as a direct result of assisted activities. The Greeley Urban Renewal Authority (970-350-9380) will be responsible for tracking the replacement of low/moderate income housing and ensuring that it is provided within the required period and will be responsible for providing relocation payment and other relocating assistance to any low/moderate income person displaced by the demolition of any housing or the conversion of low/moderate income housing to another use. Consistent with the goals and objectives of activities assisted under the Act, the County of Weld and City of Greeley will take the steps indicated below to minimize the displacement of persons from their homes: Provide substantial levels of relocation assistance, as required by 24 CFR 570.496a(b)(2). The substantial cost of providing such assistance serves as a strong deterrent to unnecessary displacement. (REQUIRED) Replace all occupied and vacant occupiable low/moderate income housing demolished or converted as a direct result of HOME -assisted project activities, and makes such replacement housing affordable for at least ten years. The substantial cost of providing such replacement housing serves as a strong deterrent to unnecessary displacement. (REQUIRED) Consider all practical alternatives to any proposed project, which may result in residential displacement. Alternatives to be considered include other sites for the proposed facilities/project. Also to be considered are the costs and benefits, both financ$ nd non -financial, of each alternative. MAY 2 0 2009 Signature of ChiefElected Official/Executive Director/President Date NOTE: EACH MUNICIPALITY AND COUNTY DIRECTLY PARTICIPATING IN A MULTI -JURISDICTIONAL APPLICATION IS REQUIRED TO HAVE A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN. Page 18 of 24 STATE OF COLORADO NSP PROGRAM APPLICATION ATTACHMENT D DAVIS-BACON EXCEPTION CHECKLIST (CDOH requires this form for each unit or project.) The Applicant (Name) Weld County affirms that (part/all) of its NSP project is exempted from Davis -Bacon Prevailing Wage Rate Provision because: (a) The prime construction contract funded in whole or in part with NSP funds is less than $2,000. (b) The entire project consists solely of demolition. (NSP Only) X (c) NSP funds will be used for rehabilitating property that was designed for fewer than eight (8) households (See Note* Below) (d) Part/all of the project consists solely of delivery of goods or services. (No construction contract.) (e) There are no federal monies in the construction contract. NOTE: employees. (f) All or a portion of the NSP funds shall be used for the purchase of equipment: 1) Installation of equipment is incidental (less than 13%) of the total cost (equipment PLUS installation - this requires a separate quote for equipment and the installation); 2) NO installation costs are included in the purchase of equipment. (g) Part/all of the project will be done through a force account. (See Note* Below) (h) The NSP funds are used for acquisition ONLY and there is no construction. 'Any employees hired through a force account for a CDBG funded project will be considered Section 3 MAY 2 0 Zoos Signature of Responsible Administrator Date Page 19 of 24 STATE OF COLORADO NSP PROGRAM APPLICATION ATTACHMENT E GUIDEFORM TO PROSPECTIVE TENANT NOTE: This form applies to an entity that has acquired an unoccupied residence with NSP (unoccupied at the "initiation of negotiations") and will hold and rent it out. MOVE -IN NOTICE (GUIDEFORM NOTICE TO PROSPECTIVE TENANT) (date) Dear Grantee or Agency Letterhead On (date) (property owner) submitted an application to the (Grantee) for financial assistance under a program funded by the Department of Housing and Urban Development (HUD). The proposed project involves [acquisition] [rehabilitation] [demolition] and/or [conversion] of the property located at [address) . Because Federal Neighborhood Stabilization Program funds are planned for use in this project, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) [and/or section 104(d) of the Housing and Community Development Act of 1974, as amended] may apply to persons in occupancy at the time the application was submitted for HUD funding. However, if you choose to occupy this property subsequent to the application for federal financial assistance, as a new tenant you will not be eligible for relocation payments or assistance under the URA [and/or section 104(d)]. This notice is to inform you of the following information before you enter into any lease agreement and/or occupy the property located at the above address: • You may be displaced by the project. • You may be required to relocate temporarily. ♦ You may be subject to a rent increase. • You will not be entitled to any relocation payments or assistance provided under the URA [and/or section 104(d)]. If you have to move or your rent is increased as a result of the above project, you will not be reimbursed for any such rent increase or for any costs or expenses you incur in connection with a move as a result of the project. Please read this notification carefully prior to signing a rental agreement and moving into the project. If you should have any questions about this notice, please contact (Grantee) at (address and telephone number). Once you have read and have understood this notice, please sign the statement below if you still desire to lease the unit. Sincerely, (name and title) I have read the above information and understand the conditions under which I am moving into this project. Print Name of Tenant(s) Signature(s) Address and Unit Number Date Page 20 of 24 STATE OF COLORADO NSP PROGRAM APPLICATION ATTACHMENT F SUBRECIPIENT AGREEMENT (You must complete this form if you have subrecipients.) THIS AGREEMENT, made this of , by and among the following; (local government agency) as lead party of (local organization name) and (local organization name) WHEREAS, the parties to this agreement desire to cooperate in developing and carrying out housing projects. NOW THEREFORE, the parties hereby mutually agree as follows: 1. Responsibilities. The responsibilities of the lead party as outlined in any and all grant contracts entered into by the (local government agency) as lead party for the (local organization name) shall be assumed by the (local organization name) from the (local government agency). These responsibilities include compliance with all financial management, environmental review, labor standards, civil rights, record keeping, reporting and other requirements of the entity providing the grant funds. 2. Subrecipient. The (local organization name) shall be designated a subrecipient of (local government agency) for grant funds under this Agreement. 3. Term of Agreement. This Agreement shall remain in full force and effect for so long as the parties to this Agreement are pursuing funding for said proposed project, or, if awarded, carrying out such project activities. Any party to this Agreement may, however, terminate its participation in the Agreement six months after providing written notice of such termination to the other party of this Agreement. This Agreement may be terminated at any time by agreement by both parties to this Agreement unless a grant contract is in effect with the State. In this case, the State must approve such termination and arrangements must be made for completing the project. 4. Auditing and Reporting. The (local organization name) shall provide (local government agency) with an annual audit report as well as all reports submitted to grant funding sources. 5. Program Income. If the program income is a result of your Homebuyer Assistance Program, per federal HOME, CDBG or NSP requirements and by contractual agreement with the Colorado Division of Housing, Grantee/ Subgrantee you may only use the program income received for continuing the Homebuyer Assistance Program. These funds are also subject to the Colorado Division of Housing Revolving Loan Fund (RLF) Policies, Guidelines and Procedures Revolving Loan Fund Guidelines (5/1/99) (AGENCIES HAVING HBA RLFs) (if applicable) If the program income is a result of funding for a Single -Family Owner -Occupied Rehabilitation Revolving Loan Fund, the funds must be applied toward continuing existing program activities. These funds retain all the HOME Program requirements; the funds must be returned to the grantee's Revolving Loan Fund (RLF); and, are subject to the Colorado Division of Housing Revolving Loan Fund (RLF) Policies, Guidelines and Procedures Revolving Loan Fund Guidelines (5/1/99). (AGENCIES HAVING SFOO RLFs) (if applicable) 6. Modifications and Changes. The terms of this Agreement may be modified or changed at any time by agreement of all parties to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first written above. (Local government agency) (Local organization name) By By Position Position ATTEST: ATTEST: Page 21 of 24 STATE OF COLORADO NSP PROGRAM APPLICATION ATTACHMENT G STANDARD INSURANCE REQUIREMENTS (You must complete and submit this form with your application.) State of Colorado insurance requirements are as follows and apply to all CDOH funded projects; 29. Insurance 29.1 The Contractor shall obtain, and maintain at all times during the term of this agreement, insurance in the following kinds and amounts: a. Worker's Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the contractor's employees acting within the course and scope of their employment. b. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: i. $1,000,000 each occurrence; H. $1,000,000 general aggregate; iii. $1,000,000 products and completed operations aggregate; and iv. $50,000 any one fire. If any aggregate limit Is reduced below $1,000,000 because of claims made or paid, the contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the State a certificate or other document satisfactory to the State showing compliance with this provision. c. Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit as follows: $1,000,000 each accident combined single limit. 29.2 The State of Colorado shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction contracts will require the additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Coverage required of the contract will be primary over any insurance or self-insurance program carried by the State of Colorado. 29.3 The Insurance shall include provisions preventing cancellation or non -renewal without at least 45 days prior notice to the State by certified mail. 29.4 The contractor will require all insurance policies in any way related to the contract and secured and maintained by the contractor to include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against the State of Colorado, its agencies, institutions, organizations, officers, agents, employees and volunteers. 29.5 All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to the State. 29.6 The contractor shall provide certificates showing insurance coverage required by this contract to the State within 7 business days of the effective date of the contract, but in no event later than the commencement of the services or delivery of the goods under the contract. No later than 15 days prior to the expiration date of any such coverage, the contractor shall deliver the State certificates of insurance evidencing renewals thereof At any time during the term of this contract, the State may request in writing, and the contractor shall thereupon within 10 days supply to the State, evidence satisfactory to the State of compliance with the provisions of this section. 29.7 Notwithstanding subsection a of this section, if the Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS 24-10-101, et seq. as amended ("Act"), the contractor shall at all times during the term of this contract maintain only such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by the State, contractor shall show proof of such insurance satisfactory to the State I agree to provide and maintain the insurance as described above Page 22 of 24 STATE OF COLORADO NSP PROGRAM APPLICATION ATTACHMENT H IMMIGRATION POLICY (You must submit this form with your application.) State of Colorado legal resident requirements are as follows and apply to all CDOH funded projects; 31. Legal Resident Contractor must confirm that any individual natural person eighteen years of age or older is lawfully present in the United States pursuant to CRS 24-76.5-101 et seq., when such individual applies for public benefits provided under this Contract by requiring the applicant to: (a) Produce: I. A valid Colorado driver's license or a Colorado identification card, issued pursuant to article 2 of title 42, C.R.S.; or II. A United States military card or a military dependent's identification card; or III. A United States Coast Guard Merchant Mariner card; or IV. A Native American tribal document; and (b) Execute an affidavit herein attached as Exhibit E, Affidavit of Legal Residency, stating: I. That he or she is a United States citizen or legal permanent resident; or II. That he or she is otherwise lawfully present in the United States pursuant to federal law. I agree to provi. - a d maintain the legal resident requirements as described above Page 23 of 24 Form W- (Rev. October 2007) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. Name (as shown on your income tax retum) WELD COUNTY GOVERNMENT Business name, if different from above Check appropriate box: Ill Individual/Sole proprietor • Corporation M Partnership . Limited liability company. Enter the tax classification (0=disregarded entity, C=corporation, P=partnership) If✓I 0 Other see instructions) if GOVERNMENT ni Exempt i payee Address (number, street, and apt. or suite no.) P.O. BOX 758 Requester's name and address (optional) City, state, and ZIP code GREELEY, COLORADO 80632 List account number(s) here (optional) axpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Part II Certification Social security number or Employer identification number 84 6000813 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of ` a2/.4(91/1Here U.S. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Date ► 3/3110? Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231% Form W-9 (Rev. 10-2007) INTERGOVERNMENTAL AGREEMENT CONCERNING ADMINISTRATION OF THE STATE OF COLORADO NEIGHBORHOOD STABILIZATION PROGRAM THIS INTERGOVERNMENTAL AGREEMENT is made this?5day of Afar 4 2009, by and between the CITY OF GREELEY, COLORADO, a home rule municipality (hereinafter referred to as "Greeley") and the BOARD OF COMMISSIONERS OF WELD COUNTY, COLORADO, a body politic of the State of Colorado (hereinafter referred to as "County"). WITNESSETH: WHEREAS, the parties to this Agreement have the authority pursuant to Article XIV Section 18 of the Colorado Constitution and Section 29-1-201, et. seq., Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually; and, WHEREAS, the parties to this Agreement desire to cooperate in development and execution of a Neighborhood Stabilization Program (NSP) project, the purpose which is to provide foreclosure recovery in the form of property acquisition, rehabilitation, clearance, and related activities as authorized by the federal and state agencies through which the program funding is made available; and, WHEREAS, the Greeley Urban Renewal Authority ("Authority") has, by separate Agreement dated July 22, 1996 with the County, and specifically the Weld County Housing Authority, an arrangement by which the Authority administers the County's housing rehabilitation program; and, WHEREAS, the City has a Cooperation Agreement with the Authority to act on the City's behalf in administration of the City's Community Development Block Grant program as provided annually through federal funds available from the U.S. Department of Housing and Urban Development; and, WHEREAS, for continuity of administration of the NSP program to the benefit of the City and County, the City authorizes the Authority to administer the NSP program in the City and to provide such service to the County as may be requested. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. County Participation. County agrees to participate in the NSP project in accordance with the terms and conditions of this Agreement and as requested by the Authority. 2. Designation of Lead Party. The City of Greeley shall act as the Lead Party in development and execution of said proposed NSP project, and authorizes the Authority to act as its agent in the administration of this project. 3. Responsibilities of Lead Party. In its capacity as Lead Party, the City of Greeley and/or the Authority acting on its behalf, shall be the lead jurisdiction in making application to 1 Avg -072O the State Department of Local Affairs ("State") for NSP funds and shall be the grantee of the State for such funds, if awarded. As the grantee of the State, the City shall be fully and solely responsible to the other parties to this Agreement for compliance with all financial management, environmental review, labor standards, civil rights, record -keeping, reporting and other requirements of the NSP program contained in the Applicant Statement of Assurances and Certifications, including the provisions of this grant contract with the State, except those specified in Paragraph 4 hereinafter. 4. Responsibilities of All Parties. Each party to this Agreement shall be individually responsible for compliance with the following requirements of the NSP program: a) Adopting a required Citizen Participation Plan; b) Identifying its community development and housing needs, including the needs of low -and moderate -income persons, and the activities to be undertaken to meet such needs; and c) Adopting a required Anti -displacement and Relocation Assistance Plan which calls for replacement of demolished or converted low/moderate income housing units and provision of necessary relocation assistance; and, d) Taking actions to affirmatively further the federal purposes of the Fair Housing Act. Furthermore, each party shall provide documentation to the City, or the Authority acting on its behalf, demonstrating its compliance with the requirements specified in this Paragraph 4 and the City shall retain such documentation and other required records and documents for the period of time specified by the State. 5. Contracting. The Lead Party shall contract with the Authority, or with other eligible individuals or entities to carry out all or any portion of the responsibilities assumed by the Lead Party under this Agreement and its grant contract with the State. 6. Term of Agreement. This Agreement shall remain in full force and effect for so long as the parties to this Agreement are pursuing NSP funding for said proposed project or, if awarded, carrying out such project activities. Any party to this Agreement may, however, terminate its participation in this Agreement six months after providing written notice of such termination to the other parties to this Agreement. The Agreement may be terminated at any time by agreement of all parties to this Agreement unless a grant contract is in effect with the State. In such case, the State must approved such termination and arrangements for completing the project. 7. Modification and Changes. The terms of this Agreement may be modified or changed at any time by agreement of all parties to this Agreement. 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written. CITY OF GREELEY, COLORADO By: N D AS TO LEGAL FORM: City Attorney APPROV By: y Mana STANCE: AVAILABILITY OF FUNDS: By: Director of Fin �f e 3 BOARD OF COMMISSIONERS OF WELD COUNTY, COLORADO By: William F ATTEST: Weld County Clerk to the Boa arcia, Chair B Depu APPROVED AS By:` County Attorney E 9 g. 212 z¢ m U o y o c Le o o c et so Ts 3 DH E a LJ G = o 0 Z G G S Monthly Budget and Production Projections amooui 0012old pa2eumsg Total 0 0 0 0 0 0 G 0 00000 0 0 0 0 0 0 0 4 v I e Fr - en en et rs en N re vs es es r' rr es en Program Budget is i w a 4 3 y O a c 0 0 included in staff costs 0 0 0 0 0 0 0 0 0 0 0 0 o 0 State Funds Requested 0 0 0 0 0 ' 0 r 0 - o - 0 0 o - v; is o o e ,N N e o m o ry es Total Program Cost N - 0 0 0 e 0 0 ... 0 - 0 N o 0 n' 0 n 0 v o N r TBD Project Acdvitia Property Acquisition G' Property Inspection/Consi ruction Estimate Building Permits and Fees BConstruction Construction Contigency Property Carrying Costs Financing Fees Pre -Purchase Homebuyer Counseling Marketing legal Developer Fee Start-up Costs Other Project Activity Costs: 'i4y jIiEa �'OQ - a • H • Program Specialist • Accounting Staff • Other - Director • Other - Project FTE • Other - Project FTE Staff Training and Travel General Administration Salaries, Wages, Benefits and other Compensation; Total Units by Income Level 50%orl 51-80% 81-1211% 0 0 0 0 0 0 0 0 L. Unit Production Number 0 0 0 0 0 0 0 0 0 O r 00 0 'Operating Expenses (i.e. rent, utilities) P 0 oo 0 m • Executive Director I• Accountant • Other - Program FTE Program Specialist • Other - Program FTE Accounting Staff Equipment, materials and supplies, including communication "costs Taxes and Insurance 'Audit Cost 'Legal Costs T� V anon for a period I C votive Budget esom Neighborhood Stabilization Program (NSP) Application CHECKLIST FOR ATTACHED DOCUMENTS This Checklist Lists Required Documents for Each Type Of Application. Please Submit in Order Below c o t 2 I o � U aa)i a) X Rental — Acquisition/Rehab I a_ L c a E 373 a) 0- c o 0 20 I c as t V EW. g, O- a) o a) 2Z I a. L a o 3 2 0 a) as O N I CC O °o - Jo N c Q) . ZQ) a C h c j 76 al (f?' CDOH Staff Use Only Att. A — Statement of Assurances X X X X X X Att. B — Disclosure Report X X X X X X Att. C — Public Hearing Announcement and Certification X X X X X End of Acquis. Process Att. D — URA/Relocation Plan X X X X X End of Acquis Process Att. E — Davis -Bacon Exception Checklist X X X X X End of Acquis Process Att. F — Acquisition of Land or Building — Letter to owner X X X X Att. G — Subrecipient Agreement (NSP only) X X X X X X Att. H — Insurance Requirements x x x x x X Att. I — Immigration Policy X X X X X X Att. J — W-9, Tax Payer Identification Number X X X X X X Att. K — Intergovernmental Agreement (multiple local X communities served) X X X X X 1. IRS Determination Letter (Non-profit applicants only) X X X X X X 2. Letters of Funding Commitment from All Sources of X Funds X X X X X 3. Letters of Local Government Commitment X X X X X X 4. Environmental Studies (Phase I, Lead Based Paint & Asbestos) X X X End of Acquis process 5. Floodplain Map X X X End of Acquis Process 6. Board resolution authorizing application & granting X signatory authority X X X X X 7. Most Recent Audit X X X X X X 8. Copy of Tax Credit Application X X X 9. Project Agreements; Subgrantees, Partnerships X 10. Staff Allocation Plan X X X 11. Citizen Participation Plan (NSP funds only) X X X X X X 12. Community Development Plan (NSP funds only) X X X X X X 13. Affirmative Fair Housing Marketing Plan X X X X X X 14. Excessive Force Policy (NSP funds only) X X X X X X 15. Lead -Based paint certification (title 3, Div. B) X X X X X End of Acquis Process 1-8-2009 Page 31 of 20 Weld County Application Attachment A Information by Activity Neighborhood Stabilization Program (NSP) Application Acquisition, Rehab, Resell (or lease/lease-to-own) — Single Family Dwelling Units • Tenure of beneficiaries —Homeowners (and Renters only on an as -needed basis for occupied units) • Duration/Term of Assistance — Duration of assistance will vary and be based on several factors, including capacity of the applicant, level of assistance needed, and whether a lease -to -own period is determined to be necessary • Affordability Compliance— The majority of the housing units in the target areas will remain affordably by virtue of location. The houses are predominantly modest in size and design with no community influence that would create substantial appreciation. Properties will be deed restricted for the affordability period, the duration of which will be determined by the level of assistance in the project, as noted below: Level of Assistance <$15,000 $15,000 - $40,000 >$40,000 New construction Affordability Period 5 years 10 years 15 years 20 years • Acquisition Discount Rate — The discount rate for the Weld County/City of Greeley property portfolio will meet the NSP standards of a minimum of 15% less than the appraised value. • Development Schedule — This activity will commence as soon as funds are available and continue through expenditure of the funds, staying within the requirement to have funds committed prior to the end of 18 months. • Activity Narrative - There are a number of target -areas within the City of Greeley for the Acquisition and Rehab proposed activity (see Section 6 of the application for the list of neighborhoods.) County areas include the Cities of Evans and Fort Lupton and the Census Tract that includes the Town of Eaton. This activity will only occur in Census Tracts identified by HUD as having risk scores of 7-10. Properties will be identified through the National Community Stabilization Trust, local real estate agents, and staff Program oversight in the City of Greeley will be through the Urban Renewal housing rehabilitation staff; County locations will funnel through the Housing Authority for acquisition, Urban Renewal for rehab management, and back to the Housing Authority for sale or lease of the units. At this time, no specific properties have been identified. Foreclosure properties are selling quickly in the general market making identification at this point in the process unfeasible. The City has found that most foreclosures require at least minimal rehab. In some cases, major rehab will be required to bring the property into decent, safe, and sanitary conditions and to address energy efficiency. It is the City's intent to look at properties available, the amount of rehab required, and then make judgment as to a property's suitability based on its location and the probability of reselling or renting the unit at the cost to acquire and rehab the property. Both minor and major rehab acquisitions are proposed, dictated by the availability of properties, with energy conservation measures a priority. The Urban Renewal rehab staff is experienced in good rehab cost estimates so that a viable end product will be ensured. Additionally, as the program parameters of the NSP grant allow, the landscape will be an incidental part of the overall rehab. Many of the foreclosed upon properties in Greeley either have no landscape or landscape in very poor condition. GURA staff has found, in working closely with LMI homeowners, that most frequently there is neither the knowledge nor the funds needed once a home has been purchased for landscape improvements. It is well known that the lack of decent landscaping can deteriorate a neighborhood as quickly as a distressed home, and thus the intent to include it as part of the overall rehab. All participants in this activity category will meet the S 120% AMI requirement. If during the period of acquisition and rehab a suitable buyer has not been identified, the City will consider lease or lease -to -own of the unit until such time as a suitable Weld County Application Attachment A Information by Activity Neighborhood Stabilization Program (NSP) Application buyer match is found. Thus program income would be generated and the property would not sit vacant. (The Greeley Housing Authority intends to utilize some of their Project -based Vouchers to assist the activity should a rental unit be most logical. Additionally, North Range Behavioral Health has expressed interest in participating in the production of rental units for clients who are dually -diagnosed (mental illness) and have incomes ≤ 50% AMI. Depending on the final cost of the unit or the use of Project -based Vouchers, this activity could quite probably provide units to individuals/families with incomes of ≤ 50% AMI. Hello