HomeMy WebLinkAbout20091185.tiffRESOLUTION
RE: APPROVE APPLICATION FOR NEIGHBORHOOD STABILIZATION PROGRAM TO
ACQUIRE, DEMOLISH AND RE -DEVELOP 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, demolish and re -develop 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,
demolish and re -develop 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.
ATTEST:
Weld County Clerk to the Board
BY:
Deputy -rk to the =oard
APPROVED AS TO FORM:
County rr-dAt )21O r ,
Date of signature: 6/ ?/d' q
BOARD OF COUNTY COMMISSIONERS
WELD COUNIY,COLORADO
c
ademacher Pro-Tem
A
b Kirkmeyer (`/
David E. Long
2009-1185
FI0049
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 ;he 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 Allocations 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
2009-1185
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.ccrus/cdh/developers/documents/CDOH Budget 4-1-os 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 shall 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 $1,005,917
DATE RECEIVED
(CDOH ONLY)
SECTION 1 — APPLICANT CONTACT INFORMATION
A. Applicant Information
Weld County & City of Greeley Acquisition for Demo, and Re -development (w/Land Banking Possible)
Project Name
Weld County
Name of Applicant / Organization
915 10th Street, P. O. Box 758, Greeley, CO 80632
Address
906 6'" St., P. O. Box 130, Greeley, CO 80632-0130
Contact Person Address
970-353-7437 x103
Contact Person Telephone Number
Tom Teixeira, ED, Weld County Housing Authority
Contact Person
Tom(a�greeley-weldha.orq
Contact Person E -Mail
Contact Person Fax Number
Applicant's State ID Number Applicant's Federal 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
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 NSP 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
Z County or city that administers NSP
funds directly
❑ Other local unit of government that
administers NSP funds directly (e.g., PHA)
❑ Nonprofit Corporation
❑ Community Development
Financial lintitution (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: Greelev 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. Proiections 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 dwei:ing 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).
Income target groups are not vet identified.
• Affordable units under the acquisition, rehabilitate and resell application (separate from this application)
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.
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 10th Street, Suite 201
Greeley, CO 80631
(970) 350-9380
Rebecca L. Safarik, Community Development Director
J. R. Sales, 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
Rehab Program, Home Buyer Assistance Program (down payment), Homes Again Purchase Program
Page 4 of 24
Neighborhood Stabilization
Program (NSP) Application
(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. Potential Partnering Org'nizations (Please list organizations that you will potentially partner with for your project, and
briefly describe their role in the project.
Greeley and Weld County Housing Authorities
903 6th 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 na:w 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. Location Description: (Include specific addresses, blocks or neighborhoods to the extent known. Please make sure
that all single family activities are in income -eligible areas with risk scores of 7-10.)
The following locations have been targeted based on HUD risk scores 7-10 and need:
County areas — Evans, Fort Lupton, Eaton
City of Greeley:
A. Northeast Greeley (23r° Avenue east to Hwy. 85 Bypass; 10th Street north to C Street)
1-8-2009
Page 5 of 20
Neighborhood Stabilization
Program (NSP) Application
B. Sunrise Park neighborhood (Hwy. 85 Bypass west to 8th Avenue; 16th Street north to 5th Street)
C. East Greeley (Hwy. 85 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 23rd Avenue; 24th Street south to Hwy. 32 Bypass)
F. John Evans neighborhood (Hwy. 34 Bypass south to 32nd Street; 11th Avenue west to 23rd Avenue)
G. South Central Greeley (11"h Avenue west to 35th Avenue; 10t Street south to 16th Street)
H. North Central Greeley (23rd 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, demolition, land bank, and future reconstruction of housing units to
qualified owner -occupants. It is estimated that approximately 25% of the funds made available to single-family
housing will be expended under this category. It is anticipated that this activity may involve demolition of blighted
residential units and land 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.
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.
To meet the goal of approximately nine properties under this activity, the applicant plans to purchase
approximately four properties during the first six months, approximately three more during the next three months,
and another two during the next three months.
Earned developer fees will be used to support carrying costs for any extended holding periods.
1-8-2009
Page 6 of 20
Neighborhood Stabilization
Program (NSP) Application
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 only 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 major 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.
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/VVeld County Housing Authorities
• Consumer Credit Counseling Services of Northern Colorado & Southeast Wyoming
• Habitat for Humanity
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Page 7 of 20
Neighborhood Stabilization
Program (NSP) Application
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? e/ 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?
Z 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(cilgreeleygov.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 1/2 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 project
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
of Colorado Division of Housing's Program Concept for the
(acquisition, rehab, resell) only with 25% for demo
below (from selection date).
definition of "obligated."
Show expected outcomes
See definitions section
Specific to this activity
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
0
Program
Program
income
income
TOTAL
1,626,300
16
$1623,032
25
$5,364 892
31
**Addressed in this application. Purchase rehab has a separate application, as does purchase of multi-
family units.
1-8-2009 Page 11 of 20
Neighborhood Stabilization
Program (NSP) Application
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
complete and submit an environmental review for each project. The extent and complexity of each environmental
will be based on the nature of the project activity. Projects like tenant -based rental assistance, rehabilitation,
construction will all have different levels of environmental review, based on their respective environmental
projects involving rehabilitation and construction, grantees will have to examine a number of factors, including:
preservation, flood hazards, ambient noise levels and proximity of explosive hazards and airport clear
instances, additional publication requirements in a local paper may also be necessary. An overview of
environmental review requirements and corresponding environmental review forms can be found on the
http://www.dola.state.co.us/dlq/fa/NSP/NSP quidebook.html#section iv.
grantee must
review
and new
impacts. For
historic
zones. In some
federal
DOLA website at
at 303.866.6398
For more information on environmental review requirements, grantees can contact Tamra Hooper
or by e-mail at tamra.hooper@state.co.us. Process in Place? 1. 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.
• For more information on lead -based paint/asbestos issues, please contact Rick Hanger at 719.544.2466,
rick.hanger(a) tate.co.us for .uestions 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
1-8-2009
Page 12 of 20
Neighborhood Stabilization
Program (NSP) Application
copy. Not applicable
This does not replace the HUD Environmental Clearance
1-8-2009 Page 13 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:
Of those, the number of units for the chronically homeless:
none specifically designated.
• 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 14 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 15 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.
Signature E
Name ( ype or Printed)
William F. Garcia
Title
Weld County Commissioners Board
Chair
Date
Signature
Signature
Name (Typed or Printed)
Name (Typed or Printed)
Title
Title
Date
Date
MAY 2 0 2009
Signature
Signature
Signature
Name (Typed or Printed)
Name (Typed or Printed)
Name (Typed or Printed)
Title
Title
Title
Date
Date
Date
Page 16 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;
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 subm• comments on the proposed project plan/application and on the community development performance of the
ju ' :c (s);
MAY 2 0 2009
Signature, Chief Elected Official/Executive Director/President Date
Page 17 of 24
STATE OF COLORADO NSP PROGRAM APPLICATION
ATTACHMENT B
DISCLOSURE REPORT
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 Investc.rs
Date
Alphabetical List o: 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 Section 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.
Chief ETecteExecutive Director/President Date
MAY 2 0 2009
Page 18 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
financial and non -financial, of each alternative.
MAY 2 0 2009
Signature of Chief Elected 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 19 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.
XXX (b) The entire project consists primarily of demolition. (NSP Only)
(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.
(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.
XXX
(9)
Part/all of the project will be done through a force account. (See Note* Below)
(h) The NSP funds are used for acquisition and demolition ONLY and there is no construction.
NOTE: *Any employees hired through a force account for a CDBG funded project will be considered Section 3
employees.
MAY 2 0 2009
Signature of Responsible Administrator Date
Page 20 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)
Grantee or Agency Letterhead
(date)
Dear
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 21 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 22 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;
ii. $1,000,000 general aggregate;
Hi. $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, th ontractor shall show proof of such
insurance satisfactory to the State
I agree to provide and maintain the insurance as described above
Page 23 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 prove and maintain the legal resident requirements as described above
Page 24 of 24
Form W'9
(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.
IPrint or type
See Specific Instructions on page 2.
Name (as shown on your income tax return)
WELD COUNTY GOVERNMENT
Business name, it different from above
Check appropriate box: Ill Individual/Sole proprietor ❑ Corporation U Partnership
Limited liability company. Enter the tax classification (D=disregarded entity, Corporation, P=partnership) Ili -0
! Other (see instructions) ► GOVERNMENT
Exempt
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)
w
Taxpayer 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 : �^ i
Here Sig person ► (/f ZtO ( f/�U7/!/�/
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/i/Oy
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, 10231x Form W-9 (Rev. 10-2007)
INTERGOVERNMENTAL AGREEMENT
CONCERNING ADMINISTRATION OF THE STATE OF COLORADO
NEIGHBORHOOD STABILIZATION PROGRAM
THIS INTERGOVERNMENTAL AGREEMENT is made this 5 "`day of Alareh,
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
I
2L'9-07,20
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
D AS TO LEGAL FORM:
City Attorney
APPROV
By:
B
AVAILABILITY OF FUNDS:
Director of Fin �Le
3
BOARD OF COMMISSIONERS OF
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Boa
B
Depu ' Clerk
APPROVED AS GAL FOR
ez-
By:
/County Attorney
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Weld County Application
Attachment A
Information by Activity
Acquisition and Demolition of Residential Properties
• Tenure of beneficiaries — To be determined
Neighborhood Stabilization
Program (NSP) Application
• Duration/Term of Assistance — To be determined, based on the overall real estate market.
• Affordability Compliance— All beneficiaries of this activity category will meet the < 120% AMI requirement. Properties
may meet the < 50% level if redeveloped if the property is redeveloped as a rental property. Affordability will be guaranteed
by deed restriction or covenant on the property. Upon redevelopment, the properties will remain affordable and follow the
guidelines provided in the tables under Activities A and B.
• 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 — See main body of application.
• Activity Narrative — This activity is expected to benefit distressed neighborhood through redevelopment or removal of a
substandard unit through demolition and clearance. Neighborhoods are identified under Section 6. Primary neighborhoods for
this activity will most likely be north and east Greeley west of the Highway 85 Bypass where the oldest and most challenging
housing stock in Greeley. The high numbers of foreclosures in north and east Greeley have greatly multiplied the
distress/blight factors found in the neighborhoods. Many of the homes are not salvageable, but can be acquired for less than
the cost of the land, water, and sewer tap fees. This type of properties would be targeted. Limited clearance may be possible
in central Greeley (and others as identified by other towns/cities in the County).
During the ten allowable years, the County and City will redevelop the vacant parcels into residential housing units. In cases
where it can be shown that it is more beneficial to the neighborhood to use the property for a park, detention pond, or other
non-residential use, this will be taken into consideration. (An example of this type of reuse would be purchase of a foreclosed
upon property in a flood way that could be redeveloped into open space.) Redevelopment could include new construction or
move -in of houses scheduled for demolition and rehabbed. If the housing market improves, vacant lots could also be made
available for sale to private developers.
All beneficiaries of this activity category will meet the < 120% AMI requirement. As earlier noted, properties may meet the
<50% level if redeveloped by for use as a rental property.
Again, energy conservation would be a priority for new or moved -in housing units under this activity.
Question 2 - 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.
Response
• The estimated number of units to be demolished is approximately 9.
• Until properties are identified and a redevelop plan in place, this cannot be determined.
• TBD
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