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R13-020If 1 RESOLUTION R13 - 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE 5 NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP1) 6 TO AMEND THE ACTIVITIES TO BE FUNDED WITH 7 NSP1 FUNDS; AUTHORIZING THE MAYOR AND CITY 8 CLERK TO SIGN THE NSP SUBSTANTIAL 9 AMENDMENT; PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City of Boynton Beach received $2,963,311 from HUD 13 Neighborhood Stabilization Program 1; and 14 WHEREAS, the Action Plan described all the activities to be funded with NSP1 15 funds as was required by the program; and 16 WHEREAS, staff is proposing a change to the delineated use of funds by 17 decreasing the amounts allowed for Activity #3 and #4 and using those funds to increase 18 Activity #1 and #2 for the purchase and/or rehabilitation of homes that have been 19 , abandoned or foreclosed upon in order to sell them and adding Activity #5 to redevelop 20 1 vacant or demolished properties in the Ocean Breeze subdivision; and 21 WHEREAS, upon the recommendation of staff, the City Commission deems it to 22 be in the best interests of the citizens and residents of the City of Boynton Beach to approve 23 amending the Neighborhood Stabilization Program 1 (NSP 1) by decreasing the amounts 24 allowed for Activity #3 and #4 and using those funds to increase Activity 41 and #2 for the 25 purchase and /or rehabilitation of homes that have been abandoned or foreclosed upon in 26 order to sell them, adding Activity 45 to redevelop vacant or demolished properties in the 27 Ocean Breeze subdivision, and authorizing the Mayor and City Clerk to sign the NSP 28 Substantial Amendment. \ \apps3 \auto \Data \168\ Items \160\2284\ 2974 \Reso_- _NSP1 — Amendment _021913 doe I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 2 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. The foregoing "Whereas" clauses are true and correct and are hereby 4 ratified and confirmed by the City Commission, 5 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 6 approves the amendment to the Neighborhood Stabilization Program 1 (NSP 1) Action Plan to 7 amend the described activities to be funded with NSPI funds by decreasing the amounts s allowed for Activity #3 and #4 and using those funds to increase Activity #1 and #2 for the 9 purchase and /or rehabilitation of homes that have been abandoned or foreclosed upon in order 10 to sell them and adding Activity 45 to redevelop vacant or demolished properties in the Ocean I 1 Breeze subdivision. 12 Section 3. The Mayor and City Clerk are hereby authorized to sign the NSP 13 Substantial Amendment, a copy of which is attached hereto as Exhibit "A ". I 14 Section 4. This Resolution shall become effective immediately upon passage. \ \apps3 \auto\Data \168 \Items \160\2284\2974 \Reso - NSPI Amendment 021913 doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 PASSED AND ADOPTED this day of February, 2013. CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. Ra"'y r / ~ l e May_ ack McCr 6mmiss' — J Taylor J Commissioner — Steven Holzman Comm' loner — yne Segal ATTEST: ane M. Prainito, MMC y Clerk \ \apps3 \auto \Data\ l 68 \Items\ 160 \2284\2974 \Reso_ _NS P 1 _Amendment_021913 doc P / -6 W THE NSP SUBSTANTIAL AMENDMENT Jurisdiction(s); City of Boynton Beach (identify lead entity in case ofjoint agreements) Jurisdiction Web Address: \N, �; _h�r_ion- bc aLh.n NSP Contact Person: Octavia S. Sherrod Address: 100 E. Boynton Beach Blvd. Boynton Beach. FL 33435 Telephone: 561/742-6066 Fax: 561/742-6089 Email: hem doru hhfl.u- A. AREAS OF GREATEST NEED Provide summary needs data identifying the geographic areas of greatest need in the grantee's jurisdiction. Note: An NSP substantial amendment must include the needs of the entire jurisdiction(s) covered by the program; states must include the needs of communities receiving their own NSP allocation. To include the needs of an entitlement community, the State may either incorporate an entitlement jurisdiction's consolidated plan and NSP needs by reference and hyperlink on the Internet, or state the needs for that jurisdiction in the State's own plan. The lead entity for a joint program may likewise incorporate the consolidated plan and needs of other participating entitlement jurisdictions' consolidated plans by reference and hyperlink or state the needs for each jurisdiction in the lead entity's own plan. HUD has developed a foreclosure and abandonment risk score to assist grantees in targeting the areas of greatest need within their jurisdictions. Grantees may wish to consult thi: d in developing this section of the Substantial Amendment. Resvonse: In order to determine the areas of greatest need the city was divided into quadrants, bounded by census tracts and roughly corresponding to City Commission Districts. An analysis of the information provided by HUD through Policy Map, a geographic information system, indicates that the areas of greatest need tend to be in the northwest and northeast quadrants of the city. Unfortunately, there is not enough data available to provide a more precise projection. Within the northwest quadrant, 1328 mortgages out of 8948 are in foreclosure. This represents nearly 15% of the total mortgages in this quadrant. Moreover, nearly 17% of the mortgages in this area are sub prime. It appears that there may be only a small section of this quadrant that is in jeopardy of having additional foreclosures within the next 18 months. Unfortunately, there is not enough data available to provide a more precise projection. VA The northeast quadrant of the city has 5938 mortgages. Of these, approximately 653 are in foreclosure for a foreclosure rate of about 11 %. Sub prime mortgages range up to 28% of the total within this quadrant. Data also indicates additional foreclosure problems within the next 18 months with a projected risk factor higher than 7.85. Of 7253 mortgages in the southeast quadrant, 641 or 9% are in foreclosure. However, there is not sufficient data to predict what the next 18 months will yield. The southwest quadrant has 309 foreclosures out of 4458 mortgages. This represents a 7% foreclosure rate. This quadrant has not been as severely affected as the others. Although numbers previously noted for each quadrant appear to be quite high some of these units may have been resold. Nevertheless, the numbers are significant, thereby generating a need for a remedy. B. MsTmUTIONAND USES OF FUNDS Provide a narrative describing how the distribution and uses of the grantee's NSP funds will meet the requirements of Section 2301(c)(2) of HERO that funds be distributed to the areas of greatest need, including those with the greatest percentage of home foreclosures, with the highest percentage of homes financed by a subprime mortgage related loan, and ident f ed by the grantee as likely to face a significant rise in the rate of home foreclosures. Note: The grantee's narrative must address these three stipulated need categories in the NSP statute, but the grantee may also consider other need categories Response: NSP funds will be used to purchase abandoned foreclosed properties within the City of Boynton Beach, specifically the areas shown to have the greatest need as identified in Section A of this application to be the northwest and northeast quadrant of the city. Seventy five percent of the city's foreclosed properties are located with the northwest and northeast quadrants. Subprime mortgages are also heaviest with these areas. It is anticipated that the rate of foreclosures will be increasing in these areas as well. C. DEFINITIONS AND DESCRIPTIONS (1) Definition of "blighted structure 11 to context of state or local law Resaonse: Florida Statute 163.340 defines `Blighted Area" as an area in which there are a substantial number of deteriorated, or deteriorating structures, in which conditions, as indicatcd by government- maintained statistics or other studies, are leading to economic distress or endanger life or property, and in which two or more of the following factors are present: (a) Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities; (b) Aggregate assessed values of real property in the area for ad valorem tax purposes have failed to show any appreciable increase over the 5 years prior to the finding of such conditions; (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (d) Unsanitary or unsafe conditions; (e) Deterioration of site or other improvements; (f) Inadequate and outdated building density patterns; (g) Falling lease rates per square foot of office, commercial, or industrial space compared to the remainder of the county or municipality; (h) Tax or special assessment delinquency exceeding the fair value of the land; (i) Residential and commercial vacancy rates higher in the area than in the remainder of the county or municipality; (j} Incidence of crime in the area higher than in the remainder of the county or municipality; (k) Fire and emergency medical service calls to the area proportionately higher than in the remainder of the county or municipality; (1) A greater number of violations of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality (m)Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area; or (n) Governmentally owned property with adverse environmental conditions caused by a public or private entity. Part III, City of Boynton Beach Land Development Regulations, Chapter 20, Buildings, Housing and Construction Regulations, Article VIII, Section 1 G. Unfit Dwelling Units, 1. Eligibility. Any dwelling or dwelling unit having the following defects may be designated by the Development Department as unfit for human habitation: (a) The structure lacks illumination, ventilation, sanitation, heat, inadequate or unsafe wiring or other facilities adequate to protect the health and safety of the occupants or the public (b) The structure is damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested in such manner as to create a serious hazard to the health and safety of the occupants or the public. (c) The structure, because of the location, general condition, state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public. (d) The structure, because of the failure of the owner or occupant to comply with such notices or orders issued pursuant to this article, is unfit for human habitation. (2) Definition of "affordable rents. " Note: Grantees may use the definition they have adopted for their CDBG program but should review their existing definition to ensure compliance with NSP program — specific requirements such as continued affordability. Response: Affordable Rents is defined as those rents which do not exceed 30% of an amount representing the percentage of the area's median annual gross income adjusted for family size for very low -, low -, or moderate- income households, and the rents may not exceed the rent limits adjusted for bedroom size for the West Palm Beach -Boca Metropolitan Statistical area as defined by the U. S. Department of Housing and Urban Development annually. The Fair Market Rents for existing units in the area established by HUD in 24 CFR 888.111 for FY 2009 is outlined in the following chart: West Palm Beach — Boca 0 1 2 3 4 Raton, FL HMFA Bedroom Bedroom Bedroom Bedroom Bedroom $936 $1036 $1294 $1830 $1885 (3) Describe how the grantee will ensure continued affordability for NSP assisted housing. Response: All applicants purchasing units with NSP funds will be required to attend housing counseling classes at a minimum of eight hours conducted by HUD approved counseling agencies. To the greatest extent possible, mortgage payments should not exceed 30% of the family's monthly income. For purposes of rehabilitation, each dwelling purchased with NSP funds will adhere to HOME standards according to 24CFR 92.251 (a) (1) Housing that is constructed or rehabilitated with HOME (NSP) funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances at the time of project completion. No subprime mortgages will be allowed Dwellings previously purchased with HOME funds will revive those restrictions. All dwellings purchased with NSP funds will be secured by a promissory note and mortgage with the City of Boynton Beach for a period of time as specified in the agreement for a period of time no less than 15 years. 5 (4) Describe housing rehabilitation standards that will apply to NSP assisted activities. Response: The Housing standards governing dwellings purchased or constructed through the NSP program will be in accordance with compliance with the following statutory and regulatory requirements: Building Code: City of Boynton Beach Ordinance 08 -031 – City Property Maintenance Code City of Boynton Beach Local Housing Code Housing Quality Standards Life Safety Code Model Energy Code ANSI standards for handicap accessibility HUD guidelines for the Evaluation and Control of Lead Based Paint Hazards in Housing D. LOW INCOME TARGETING Identify the estimated amount of funds appropriated or otherwise made available under the NSP to be used to purchase and redevelop abandoned or foreclosed upon homes or residential properties for housing individuals or families whose incomes do not exceed 50 percent of area median income: Note: At least 25% of funds must be used for housing individuals and families whose incomes do not exceed 50 percent of area median income. Response: $740.828.00 represents 25% of the NSP funds available to the City of Boynton Beach. At a minimum, this will be the amount of funds that will be expended on families whose incomes do not exceed 50% of the area median income. E. ACQUISITIONS & RELOCATION Indicate whether grantee intends 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. GI 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 City of Boynton Beach does not plan to demolish or convert any existing low- and moderate - income dwellings with the use of NSP funds. F. PUBLIC COMMENT Provide a summary of public comments received to the proposed NSP Substantial Amendment. Note: Proposed NSP Substantial Amendment must be published via the usual methods and posted on the jurisdiction's website for no less than 15 calendar days for public comment. Response: The NSP 3rd Substantial Amendment was published and posted on the City of Boynton Beach's website beginning February 4, 2013. There were no comments. The NSP2 3rd Substantial Amendment to fiscal year 2008 -2009 was re- published and posted on the City Boynton Beach's website, beginning February 13, 2013. The purpose of the Amendment was to allow for funding to be used for Use "E" properties. NSPINFORMA TION BYACTIVITY (COMPLETE FOR EACH ACTNITY) (" A. fivih u s: Activity #1: Purchase and Rehabilitation Purchase abandoned awl or foreclosed upon single family residential properties for resale to eligible families. Activitv TVDe: Payment for reasonable costs associated with the planning and execution of the activities of the program in an effort to facilitate housing. National Obiective: Low -Mod Housing providing permanent residential structures that will be occupied by households whose annual income is at or below 120 percent of the area median. VA Activitv Description: The City of Boynton Beach and/or its representatives will be negotiating purchasing from lenders, vacant foreclosed or abandoned properties in areas identified as having the highest volume of foreclosed properties and /or are at risk of having a high volume of foreclosures. Persons at or below 120 percent of the median income will be targeted with special emphasis on expending at a minimum 25 percent of the allocation assisting persons who are at or below 50 percent of the area median income. Information obtained by the City of Boynton Beach has identified the northwest and northeast areas of the city as those having the highest volumes of foreclosed properties. Location Description: (Description may include specific addresses, blocks or neighborhoods to the extent known.) To the extent known, NSP funds will be expended in the areas identified as having the greatest need. This will be the northeast and northwest quadrants of the city. Performance Measures: (e.g., units of housing to be acquired, rehabilitated, or demolished for the income levels of households that are 50 pereent of area me& below 120% of area median income). 509 o€ area - median: ........ ..............................? 51 -80% of area median: ................................. 3 81 -120% of median: ....................................... 6 Total Budget: $1,526,152 $1,592,266.86 Responsible Oreanization: City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 Proiected Start Date: April, 2009 Proiected End Date: March, 2013 Specific Activitv Requirements: For acquisition activities, include: • Discount rate The City of Boynton Beach will adhere to NSP regulations by purchasing dwellings at a minimum 1% discount rate, maintaining an average portfolio of 1 %. For financing activities, include: • Range of interest rates If due to market conditions, and non availabilit) of first mortgage monies, the City of Boynton Beach finds it necessary to service mortgages, the minimum rate of interest as of this writing will be 3 %. For housing related activities, include: • Duration or term of assistance: Minimum of 15 years • Tenure of beneficiaries -- rental or homeownership: Homeownership • A description of how the design of the activity will ensure continued affordability ordability o Home buyers counseling from HUD certified counselors required o NSP funds will be secured by a promissory note and mortgage agreement for a period of time no less than 15 years o Energy efficient mechanisms will be installed to the highest extent possible o No subprime mortgages will be allowed o To the fullest extent possible, First mortgage payments not to exceed 30% of applicants' annual income Activitv # 2: Purchase and Rehabilitation 25% set aside to purchase abandoned or foreclosed upon single family residential properties for resale to eligible families at or below 50% of the median income.. Activity Tvve: Payment for reasonable costs associated with the planning and execution of the activities of the program in an effort to facilitate housing National Obiective: Low -Mod Housing providing permanent residential structures that will be occupied by households whose annual income is at or below 50 percent of the area median. Activitv Description: The City of Boynton Beach and /or its representatives will be negotiating purchasing from lenders, vacant foreclosed or abandoned properties in areas identified as having the highest volume of foreclosed properties and /or are at risk of having a high volume of foreclosures. Persons at or below 120 percent of the median income will be targeted, with special emphasis on expending at a minimum 25 percent of the allocation assisting persons who are at or below 50 percent of the area median income will be targeted. Information obtained by the City of Boynton Beach has identified the northwest and northeast areas of the city as those having the highest volumes of foreclosed properties. Location Description: (Description may include specific addresses, blocks or neighborhoods to the extent known.) To the extent known, NSP funds will be expended in the areas identified as having the greatest need. This will be the northeast and northwest quadrants of the city. Performance Measures: (e g., units of housing to be acquired, rehabilitated, or demolished for the income levels of households that are 50 percent of area median income and below, 5I -80 percent, and 81 -120 percent below 120% of area median income). 50% of area median: ...................................... 3 51 -80% of area median: ................................. 3 81 -120% of median: ....................................... 6 Total Budget: $1,526,152.00 $740,828.00 Responsible Ori-anization: City of Boynton Beach 100 E. Boynton Beach Blvd, Boynton Beach, Florida 33435 Proiected Start Date: April, 2009 Proiected End Date: October 2010 March, 2013 Specific Activitv Requirements: For acquisition activities, include: • Discount rate The City of Boynton Beach will adhere to NSP regulations by purchasing dwellings at a minimum 1 % discount rate, maintaining an average portfolio of 1 %. Forfinancing activities, include: • Range of interest rates If due to market conditions, and non availability of first mortgage monies, the City of Boynton Beach finds it necessary to service mortgages, the minimum rate of interest as of this writing will be 3 %. For housing related activities, include: • Duration or term of assistance: Minimum of 15 years • Tenure of beneficiaries -- rental or homeownership • Homeownership • A description of how the design of the activity will ensure continued affordability o Home buyers counseling from HUD certified counselors required o NSP funds will be secured by a promissory note and mortgage agreement for a period of time no less than 15 years o Energy efficient mechanisms will be installed to the highest extent possible o No subprime mortgages will be allowed o To the fullest extent possible, First mortgage payments not to exceed 30% of applicants' annual income NSPINFORMAT /ON BYACTIV/TY(COMPLETEFoR TY) (2) AeOv ne: Activitv #3: 10 Public Facilities and Improvements Activity Tvpe: i •r National Obiective: Low -Mod Housing providing permanent residential structures that will be occupied by households whose annual income is at or below 120 percent of the area median. Activity Description: The Community Redevelopment Agency of the City of Boynton Beach plans to contract with a developer to construct . single family homes in the northeast quadrant of the city on property acquired in the process of blight removal. Families at or below 120 percent of the median income will be the targeted purchasers. At a minimum, 25% of the units will be occupied by persons or families who are at or below 50 percent of the area median income. Location Description: (Description may include specific addresses, blocks or neighborhoods to the extent known). Northeast quadrant of the city within census tract 6100. Performance Measures: (e.g., units of housing to be acquired, rehabilitated, or demolished for the income levels of households that are 50 percent of area median income and below, 51 -80 percent, and 81 -120 percent). 50% of area median: .................................. 51 -80% of area median: ............................. . 81- 120% of median: ................................. ' Total Budeet: $400,000— $393,397.16 Responsible Orzanization: City of Boynton Beach 100 E. Boynton Beach Blvd, Boynton Beach, Florida 33435 Community Redevelopment Agency of the City of Boynton Beach Proiecled Start Date: April 2009 Protected End Date: October 2010 Specific Activity Reauirements: For acquisition activities, include: • Discount rate: N /A, new construction • Range of interest rates: Unable to determine first mortgage rate at this time NSP funds from 0 to 3% - market conditions at that time will dictate • Duration or term of assistance: Minimum of 15 years • Tenure of beneficiaries -- rental or homeownership: Homeownership • A description of how the design of the activity will ensure continued affordability o First time home buyers counseling from HUD certified counselors required o NSP funds will be secured by a promissory note and mortgage agreement for a period of time no less than 15 years o Energy efficient mechanisms will be installed to the highest extent possible o No subprime mortgages will be allowed o First mortgage payments not to exceed 30% of applicants' annual income NSP INFORMATION BYACTIVITY (COMPLETE FOR EACH ACTIVITY) (34et&io c: Activity #4 Planning and Administration of Neighborhood Stabilization Program funds. Activitv Tvve: Administration. National Obiective: Decent Housing. Activitv Description: General administrative expenses incurred by the City Of Boynton Beach in performing, planning and monitoring of the Neighborhood Stabilization Program. Location Description: (Description may include specific addresses, blocks or neighborhoods to the extent known). N/A Performance Measures: (e.g., units of housing to be acquired, rehabilitated, or demolished for the income levels of households that are 50 percent of area median income and below, 51 -80 percent, and 81 -120 percent). N/A Total Budeet: $296,331 4' 230,216.14 Responsible Orrtanization: City of Boynton Beach 0 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 Proiected Start Date: April, 2009 Projected End Date: March, 2013 N/A Specific Activitv Reauirements: NSP INFORMATION BYACTIVITY (COMPLETE FOR EACH ACTIVITY) Activity #5 Redevelopment of vacant and demolished properties for housing. Activitv Tvpe: Payment for reasonable costs associated with the planning and execution of the activities of the program in an effort to facilitate housing. National Obiective: Low to moderate income housing, providing permanent residential structures that will be occupied by households whose annual income is at or below 120% of the area median. Activity Description: The City of Boynton and/or it developer partner will be using NSPI funding to assist with the construction of houses in the Ocean Breeze subdivision which infrastructure was developed using NSPI funds. Houses constructed will be available for sale to persons at or below 120% of the area median income, with special emphasis on expending at a minimum of 25% of the total NSPI allocation assisting persons who are at or below 50% of the area median income. Location Description: (Description may include specific addresses, blocks or neighborhoods to the extent known.) To the extent known, NSP funds will be expended in the areas identified has having the greatest need in the North East and North West quadrants of the City. Performance Measures: (e.g., units of housing to be acquired, rehabilitated, or demolished for the income levels of households that are 50 percent of area median income and below, 51 -80 percent, and 81 -120 percent). 50% of area median: ...................................... 3 51 -80% of area median: ................................. 3 81 -120% of median: ....................................... I 13 Total Budzet: $296 $72,717.70 will be transferred from Activity 41 to fund this activity. The overall amount of the NSP1 grant will remain the same. Responsible Orzanication: Boynton Beach Faith Based Community Development Corporation 2191 N. Seacrest Blvd. Boynton Beach, FL 33425 Proiected Start Date: April 2009 Proiected End Date: July 30, 2013 Specific Activity Reauirements: For housing related activities, include: • Duration or term of assistance. Minimum of 15 years • Tenure of beneficiaries -- rental or homeownership: Homeownership • Ensure that property to be redeveloped is vacant • A description of how the design of the activity will ensure continued affordability • Home buyers counseling from HUD certified counselors required • NSP funds will be secured by a promissory note and mortgage agreement for a period of time no less than 15 years • Energy efficient mechanisms will be installed to the highest extent possible • No subprime mortgages will be allowed • To the fullest extent possible, First mortgage payments not to exceed 30% of applicants' annual income G. PROGRAM INCOME Response: Any program income generated by the sale, rental, redevelopment, rehabilitation, or any other eligible use that is in excess of the cost to acquire and redevelop (including reasonable development fees) shall be used in accordance with the provisions of Section 2301 of the Housing and Economic Recovery Act of 2008. 14 CERTIFICATIONS (1) Affirmatively furthering fair housing. The jurisdiction will affirmatively further fair housing, which means that it will conduct an analysis to identify impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. (2) Anti - lobbying. The jurisdiction will comply with restrictions on lobbying required by 24 CFR part 87, together with disclosure forms, if required by that part. (3) Authority of Jurisdiction. The jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations and other program requirements. (4) Consistency with Plan. The housing activities to be undertaken with NSP funds arc consistent with its consolidated plan, which means that NSP funds will be used to meet the congressionally identified needs of abandoned and foreclosed homes in the targeted area set forth in the grantee's substantial amendment. (5) Acquisition and relocation. The jurisdiction will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR part 24, except as those provisions are modified by the Notice for the NSP program published by HUD. (6) Section 3. The jurisdiction will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), and implementing regulations at 24 CFR part 135. (7) Citizen Participation. The jurisdiction is in full compliance and following a detailed citizen participation plan that satisfies the requirements of Sections 24 CFR 91.105 or 91.115, as modified by NSP requirements. (8) Following Plan. The jurisdiction is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. (9) Use of funds in 18 months. The jurisdiction will comply with Title III of Division B of the Housing and Economic Recovery Act of 2008 by using, as defined in the NSP Notice, all of its grant funds within 18 months of receipt of the grant. (10) Use NSP funds :5 120 of AMI. The jurisdiction will comply with the requirement that all of the NSP funds made available to it will be used with respect to individuals and families whose incomes do not exceed 120 percent of area median income. (11) Assessments. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108 loan guaranteed funds, by 15 • or exit from, a facility or location that is the subject ► such non-violent civil rights demonstrations within its jurisdiction. *elm MM W.TM, R U4 5M AMLILWAII U11111PIJ IIUQF ►UYL J-1, Slupaum A, D, J, r� nau RR'11 title. = APPROM R ' ±4z_ �.__ � CITY ATTORNEY 16 NSP Substantial Amendment Checklist For the purposes of expediting review, HUD asks that applicants submit the following checklist along with the NSP Substantial Amendment and SF -424. Contents of an NSP Action Plan Substantial Amendment Jurisdiction(s) - City of Boynton Beach NSP Contact Person: Octavia S. Sherrod (identify lead entity in case ofjoint Address: 100 E. Boynton Beach Blvd. agreements) Boynton Beach, FL 33435 Telephone: 561/742-6066 Jurisdiction Web Address: Fax: 561/742 -6089 Email: sherr-do`o_l,hfl.as The elements in the substantial amendment required for the Neighborhood Stabilization Program are: A. AREAS OF GREATEST NEED Does the submission include summary needs data identifying the geographic areas of greatest need in the grantee's jurisdiction? Yes ® No ❑. Verification found on pages 2 & 3 . B. DISTRIBUTIONAND USES OFFONDs Does the submission contain a narrative describing how the distribution and uses of the grantee's NSP funds will meet the requirements of Section 2301(c)(2) of HERA that funds be distributed to the areas of greatest need, including those with the greatest percentage of home foreclosures, with the highest percentage of homes financed by a subprime mortgage related loan, and identified by the grantee as likely to face a significant rise in the rate of home foreclosures? Yes ® No ❑. Verification found on pages 2. Note: The grantee's narrative must address the three stipulated need categories in the NSP statute, but the grantee may also consider other need categories. C. DEFINITIONS AND DESCRIPTIONS For the purposes of the NSP, do the narratives include: • A definition of "blighted structure" in the context of state or local law, Yes ® No ❑. Verification found on pages 3 & 4 . • A definition of "affordable rents," Yes ® No ❑. Verification found on pages 4 & 5 . 17 A description of how the grantee will ensure continued affordability for NSP assisted housing, Yes ® No ❑. Verification found on page 5. • A description of housing rehabilitation standards that will apply to NSP assisted activities? Yes ® No ❑. Verification found on pages 5 & 6 . D. LOW INCOME TARGETING • Has the grantee described how it will meet the statutory requirement that at least 25% of funds must be used to purchase and redevelop abandoned or foreclosed upon homes or residential properties for housing individuals and families whose incomes do not exceed 50% of area median income? Yes ® No ❑. Verification found on page 6. Has the grantee identified how the estimated amount of funds appropriated or otherwise made available will be used to purchase and redevelop abandoned or foreclosed upon homes or residential properties for housing individuals or families whose incomes do not exceed 50% of area median income? Yes ® No ❑. Verification found on page 7 & 8 . Amount budgeted = $2.273.311. E. ACQUISITIONS & RELOCATION Does grantee plan to demolish or convert any low- and moderate - income dwelling units? Yes ❑ No Z. (If no, continue to next heading) Verification found on page If so, does the substantial amendment include: • The number of low- and moderate - income dwelling units —i.e., 5 80% of area median income — reasonably expected to be demolished or converted as a direct result of NSP-assisted activities? Yes ❑ No Z. Verification found on page 7 & 8 . 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)? Yes ® No ❑. Verification found on page 8 & 9 . • The number of dwelling units reasonably expected to be made available for households whose income does not exceed 50 percent of area median income? Yes ® No ❑. Verification found on page 6 - 9 . 18 F. PUBLIC COMMENT PERIOD Was the proposed action plan amendment published via the grantee jurisdiction's usual methods and on the Internet for no less than 15 calendar days of public comment? Yes ® No ❑. Verification found on page 7. Is there a summary of citizen comments included in the final amendment? Yes ❑ No ® No comments received. G. INFORMATION BYACTIVITY Does the submission contain information by activity describing how the grantee will use the funds, identifying: • Eligible use of funds under NSP, Yes ® No ❑. Verification found on pages 7, 9, & 10. • Correlated eligible activity under CDBG, Yes ® No ❑. Verification found on page 7. • The areas of greatest need addressed by the activity or activities, Yes ® No ❑. Verification found on page 2 & 3 . • Expected benefit to income - qualified persons or households or areas, Yes ® No ❑. Verification found on page 9. • Does the applicant indicate which activities will count toward the statutory requirement that at least 25% of funds must be used to purchase and redevelop abandoned or foreclosed upon homes or residential properties for housing individuals and families whose incomes do not exceed 50% of area median income? Yes ® No ❑. Verification found on page 6. • Appropriate performance measures for the activity, Yes ® No ❑. Verification found on page 8 & 9 . • Amount of funds budgeted for the activity, Yes ® No ❑. Verification found on page 8 & 9 . • The name, location and contact information for the entity that will carry out the activity, Yes ® No ❑. Verification found on page 2. • Expected start and end dates of the activity? Yes ® No ❑. Verification found on page 8 & 9 . • If the activity includes acquisition of real orooertv. the discount required for acquisition of foreclosed upon properties, Yes ® No ❑. Verification found on page 8. 19 • If the activitv provides financing, the range of interest rates (if any), Yes ® No ❑. Verification found on page 8. • If the activity provides housing, duration or term of assistance, Yes ® No ❑. Verification found on page 8. • Tenure of beneficiaries (e.g., rental or homeownership), Yes ® No ❑. Verification found on page 8 & 10 . • Does it ensure continued affordability? Yes ® No ❑. Verification found on page 8 & 10 . H. CERTIFICATIONS The following certifications are complete and accurate: (l) Affirmatively furthering fair housing Yes ® No ❑ (2) Anti - lobbying Yes ® No ❑ (3) Authority of Jurisdiction Yes ® No ❑ (4) Consistency with Plan Yes ® No ❑ (5) Acquisition and relocation Yes ® No ❑ (6) Section 3 Yes ® No ❑ (7) Citizen Participation Yes ® No ❑ (8) Following PIan Yes ® No ❑ (9) Use of funds in 18 months Yes ® No ❑ (10) Use NSP funds 5 120 of AMI Yes ® No ❑ (11) No recovery of capital costs thru special assessments Yes ® No ❑ (12) Excessive Force Yes ® No ❑ (13) Compliance with anti- discrimination laws Yes ® No ❑ (14) Compliance with lead -based paint procedures Yes ® No ❑ (15) Compliance with laws Yes ® No ❑ 20 NSP GRANT SUBMISSION TEMPLATE & CHECKLIST (UPDATED 10.21.08) NSP grant allocations can be requested by submitting a paper NSP Substantial Amendment or a form under the Disaster Recovery Grant Reporting (DRGR) system. This template sets forth the suggested format for grantees under the NSP Program. A complete submission contains the information requested below, including: (1) The NSP Substantial Amendment (attached below) (2) Signed and Dated Certifications (attached below) (3) Signed and Dated SF -424. Grantees should also attach a completed NSP Substantial Amendment Checklist to ensure completeness and efficiencv of review (attached below).