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HomeMy WebLinkAboutIowa Economic Development-5/29/2012C,v hi 1,9 Iowa Economic Development Authority Community Development Block Grant (CDBG) Program Contract Amendment Recipient: City of Waterloo Contract Number: 08-DRH-011 Contract Amendment Number: Fourteen (14) Amendment Effective Date: April 19, 2012 The Iowa Economic Development Authority (IEDA) hereby amends the above referenced Community Development Block Grant (CDBG) Program contract by Extending the Contract End Date; Amending in SFNP Round 4 Guidance "N" and Amending in SFNP Round 4 Award. • The contract by and between the Iowa Economic Development Authority ("Department or IEDA") and City of Waterloo ("Recipient") is amended as of the date shown above as follows: AMEND each Article in the Contract that refers to "Attachment A, Program Description and Budget" to "Attachment A, Program Description and Budget, as amended." AMEND AWARD AMOUNT from $2,331,063 to $3,029,809. . AMEND Contract End Date to: April 30, 2014 Except as otherwise revised above, the terms, provisions, and conditions of the Contract remain unchanged and are in full force and effect. RECIPIEN1 City of Waterloo BY• Mayor, City of Waterloo IOWA ECONOMIC DEVELOPMENT AUTHORITY BY: Timothy R. Waddell, Division Administrator IOWA CDBG DISASTER RECOVERY HOUSING FUND PROGRAM DESCRIPTION & BUDGET ATTACHMENT A DATE: April 19, 2012 Name of Recipient: City of Waterloo Contract Number: 08-DRH-011 1 To be filled in by IDED ' Original Amendment # Fourteen (14) Proj Mgr Sign jml ACTIVITY DESCRIPTION PERFORMANCE TARGETS/MEASURE NATIONAL OBJECTIVE BUDGET Activity 1: 971 Housing Repair/Rehabilitation for families <80% LMI $60,000 per unit maximum 5 UNITS LMI $100,648 Activity 2: 972 Housing Repair/Rehabilitation for families 80 - 100% UN $60,000 per unit maximum 1 UNIT UN $25,952 Activity 3: 981 Homebuyer Assistance for families <80% LMI $60,000 per unit maximum 0 UNITS LMI $0 Activity 4: 982 Homebuyer Assistance for families 80 - 100% UN $60,000 per unit maximum 0 UNIT UN $0 Activity 5: 992 Interim Mortgage Assistance for families 0 - 100% UN 0 UNIT UN $0 Activity 6: 975 Jumpstart Express for families <80% LMI 20 UNITS LMI $537,000 Activity 7: 976 Jumpstart Express for families - 80 - 100% UN 7 UNITS UN $150,000 Activity 8: 871 Single Family Unit Production New Construction <80% LMI 27 UNITS LMI $1,827,460 Activity 9: 872 Single Family Unit Production New Construction - 80 - 100% UN 15 UNITS UN $319,080 GENERAL ADMINISTRATION 181 $69,669 TOTAL BUDGET: $3,029,809 G:\BCF\Recipients\Disaster\08DRH\Waterloo - 011\Attachment A\AttachAWaterloo 08-DRH-011Amend14.xlsx Update Revisions — January 18, 2012 - Final Attachment N Single -Family Unit Production – New Construction – Round #4 • All participating CDBG Disaster Recovery Housing Recipients are being provided funds for new construction/gut reconstruction of single-family dwelling units within your jurisdictions. Funding for Round #4 of this activity totals $25,000,000 and will be allocated to participating recipients per the allocation formula attached. An amount "up to" these allocation amounts will be amended into recipient contracts following receipt, review and approval of recipient's development plans that will be prepared based on the allocation formula amounts. ® For the expanded COG regions, this activity will only be allowed in incorporated communities within your jurisdictions. The expanded COG regions will. need to determine where best (within your jurisdictions) to construct single-family housing. Consideration (even prioritization) should be given to conducting this activity within communities that have acquired Tots with FEMA and/or CDBG buyout funds. • Based on the formula allocation budget amount, recipients are to prepare and submit for our review and approval a detailed development plan for this activity. Development plans shall minimally detail all of the following: - Unit by unit specifics, including but not limited to: unit size (square footage); style of unit (e.g., ranch, two-story; story and one half, etc.); stick -built, manufactured housing or gut reconstruction; single-family detached or condominium style descriptions; number of bedrooms, number of bathrooms; full basements, crawl spaces or slab on grades; other amenities; Iowa Green Streets Criteria compliance, as applicable (green development plan and checklist); total development cost (which needs to be the same as the sales price or the appraised fair market value, whichever is less); identification of the CDBG-DR 25% subsidy amount based on the total development cost; developer or builder identification; location of the unit (address and/or legal description); developers fee (up to 15% of the price of the house unless the lot is provided by the city—if the city provides the lot, the developers fee will be 15% of the cost of the house minus the value of the lot). - A summary of the above, project by project / builder by builder / location by location and a grand total summary depicting total project costs; - Project delivery costs. Define what this entails, cost, and by whom project delivery costs will be performed and incurred (project delivery costs cannot exceed $5,000 per unit); Final total project development costs (for budget summary) depicting the total CDBG-DR subsidy amounts requested for the units.to be constructed; the total project delivery costs (all units); a calculation of 1 Update Revisions — January 18, 2012 - Final the general administration funds amount based on the above; and a grand total of CDBG-DR funds. • Submission of development plans to the IEDA are due by no later than -February 29; 2012; but may be submitted earlier. Development -plans need to be complete and accurate. The IEDA will require a minimum of 30 days for its review and approval of individual development plans. It is the IEDA's goal to approve all development plans and have activity funds amended into contracts ahead of the 2012 construction season. • Recipients will have until March 15, 2013 to have all single-family dwelling units funded under this activity under construction. • Recipients need to determine the development team members that will be involved in this activity (project by project, if more than one, within your jurisdictions) prior to the recipient's development plan submission to the IEDA. You will need to be able to convey within your development plans all of the development team members and their respective roles and responsibilities in the proposed projects. Development team members may include, but are not limited to: Program administrator / overseer; Builder(s) or developer(s) of the single-family housing; - Architectural / Engineering (A/E) or design services, as applicable; Lender(s) and Loan Closer(s); Energy Rater firm(s); Realtor(s), if involved; - Monitoring of assisted properties during the five year affordability period; Etc. • This activity is limited to newly constructed or gut reconstruction of single- family / single unit dwelling units. Manufactured single-family dwelling units are permissible providing they are affixed to a permanent foundation and will be taxed as real property upon completion. Condominium style single-family projects for individual homeownership are also permissible. • Gut reconstruction — regardless of year the house was built, gut rehab will be "down to the studs renovation." All houses must be up to code standards. If the woodwork is historic and salvageable, it may be retained for reuse, but not drywall. • Development plans will need to be specific project by project and include all projects and units. 2 Update Revisions— January 18, 2012 - Final • Houses built under this activity shall be made available for sale only to persons or households whose incomes are at or below the median (80%) income limits as established by HUD, by county and by household size. There is a maximum per unit development cost cap of $150,000. • If the above criteria cannot be achieved with funds allocated, recipients will have one of two options: o Propose an altemative(s) to newly constructed single-family housing, such as newly constructed multi -family housing, such as condos. Remember that this is a homeownership program, so "rental" new construction is not allowed. Condominium style single- family projects for individual homeownership are permissible. o Any alternative housing activities proposed must, however, meet the CDBG-DR requirements and limitations of those activities. Funding for any alternative activity needs to come from the funding amount allocated under this Single —Family Unit Production — New Construction Round #4 formula allocation. Development plans will have to clearly define all such proposed alternatives; or o Accept a twenty-five (25%) reduction to the formula allocation amount provided, and subsequently reduce the total scope and overall production unit numbers that can be achieved. The reduced number of units within the reduced allocation amount must still be held to a maximum per unit development cost cap of $150,000, and must be made available for sale only to persons or households whose incomes are at or below 80% of the median family income limits as established by HUD, by county and by household size. Funds from the reduced allocation amount may be used for lot cost buydowns. Development plans will need to clearly convey the details of proposed lot buydowns. ® Infrastructure in support of single-family housing development or redevelopment. The IEDA recognizes that lots on which to construct single-family housing under this activity may not be readily available. Some communities may need to develop building lots or develop, even create, subdivisions with multiple lots. Some communities, those with buyouts of 500 -year flood plains, are desirous of redeveloping areas or neighborhoods. Under this activity and within the formula allocation amount to be provided, the IEDA will allow up to one-half of the allocated funds to be used for infrastructure in support of housing. Details, restrictions, limitations and guidance on the infrastructure in support of housing are placed at the end of these guidelines. 3 Update Revisions — January 18, 2012 - Final • There is a maximum per unit CDBG-DR downpayment or mortgage buydown cap of 25% of the sales price or appraised fair market value (whichever is less) to the homebuyer. Assistance -under this activity is provided as downpayment or mortgage-- - buy -down at the assisted homebuyer's individual principal loan closing. Assistance under this activity will not be allowed to be combined with Federal Jumpstart Homebuyer Assistance or State Jumpstart Downpayment Assistance or Single Family Unit Production — New Construction from the other rounds of funding on the same dwelling unit or to the same person / household (homebuyer) served. • Effectively, the CDBG-DR funds are used to buy -down the cost -to - construct, including the land on which it is constructed, to an affordable sales price and an affordable loan amount for income eligible homebuyers. • Recipients will be allowed to use CDBG-DR funds for reasonable, usual and customary buyer's side closing costs in an amount not to exceed 3% of the unit purchase price. Buyer's side closing costs, if locally allowed, shall be deducted from the 25% subsidy limitation, subsequently reducing the subsidy amount down to as low as 22% of the per unit development cost cap. Development plans will need to address whether or not buyer's side closing costs will be allowed to be paid for with CDBG-DR funds, and will need to describe what will be considered as allowable buyer's side closing costs. • Newly constructed/gut reconstruction single-family dwelling units under this activity shall not be constructed in a 100 -year flood plain or within buy- out areas, known or proposed. The exception to the buyout area limitation is that the IEDA will allow units to be constructed in buyout areas located in the 500 -year flood plain that are specifically being bought out for the designated purpose of redevelopment and approved for such in the CDBG-DR funded buyouts. • All newly constructed single-family units shall be designed and constructed in accordance with all locally adopted and enforced building codes and standards. In the absence of any locally adopted and enforced building codes or standards, the requirements of the Iowa State Building Code shall apply. • It is the IEDA's goal to utilize the CDBG-DR funds in a manner that results in green -built, sustainable single-family structures. For -all available in -fill lots and all available (currently existing) sub -division lots for single-family construction under this activity, all newly constructed 4 Update Revisions — January 18, 2012 - Final single-family housing should, to the extent possible, meet the requirements of the Iowa Green Streets Criteria (particularly structure design considerations, not necessarily site related aspects). For newly created sub -division lots (including approved redevelopment areas) created specifically for this activity and made available for single- family construction under this activity, meeting the Iowa Greens Streets Criteria is required (unit design considerations and site related considerations). The Iowa Green Streets Criteria "green development plan and checklist" shall be submitted for all such units within respective development plan submissions. • Lots (land), on which to construct the single-family housing proposed, need to be identified and conveyed within development plan submissions (addresses and/or legal descriptions, all individual lots). Where possible site control needs to be obtained by the builders or developers of this single-family housing prior to development plan submission. Where a new sub -division or newly created lots are proposed within development plan submissions, all details will also need to be submitted, including but not limited to: land acquisition costs; ownership of the development site(s); site preparation needs; infrastructure needs; zoning; timing; etc. Redevelopment areas (bought out 500 -year floodplain areas) will also need to address the above -stated details within development plans. In this scenario, the community where the buyout has occurred or will occur will be the owner of such lots for single-family construction. Details need to be provided depicting the transferring of acquired lots to builders / developers of single-family housing under this activity. In the case of gut reconstruction, site control is required either by the developer or the city. • Recipients will be allowed general administrative funds not -to -exceed two percent (2%) of the activity allocation amount (calculatedby considering the total of all project -related costs as ninety-eight percent of the total amount). • Recipients will be allowed "project delivery costs" in an amount not -to - exceed $5,000 per unit. Per unit project delivery costs may be included on top of (in excess of) individual project development costs. Project delivery costs include, but are not limited to: Marketing of the activity and individual newly constructed units (if not the individual builder's or developer's responsibility); Oversight / coordination of the development team members and their roles and responsibilities, unit by unit and project by project; Homebuyer application intake; Income eligibility determination and verification; 5 Update Revisions — January 18, 2012 - Final - Pre -qualification or pre -approval of homebuyers if you chose to do so; - Construction oversight and coordination, as applicable; - Participation in individual mortgage loan closings; - Etc. NOTE: Since the IEDA is allowing -a builder -/-developer fee of up to --- 15% of the price of the house ; design costs, energy rating costs and seller's side real estate commission fees should be compensated for (built into) the builder's / developer's fee rather than the project delivery costs that are capped at $5,000 per unit. • Development plans shall identify, for participation in this activity, at least three regulated lenders and obtain from them a commitment of their .willingness to participate. There needs to be adequate lender choice opportunities available to assisted homebuyers. Individual principal mortgage loans may then be tailored around the participating lender's underwriting criteria and the loan products offered by these lender(s). • Participating lenders shall offer principal loan products that minimally meet the following criteria: Loan interest rates cannot be higher than four percentage points above the federal prime interest rate at the time of loan commitment; Loan -to -value ratios (LVRs) at 75% (as the CDBG-DR funds will be used to subsidize 25% of the per unit development. cost); No Tess than a 15 -year, fully amortized, fixed-rate mortgage may be used (early pay-off provisions must be allowed); and No adjustable rate mortgages or balloon payment types of mortgages will be allowed. • The participating builder(s) of the single-family housing under this activity shall obtain their own construction financing for all dwelling units they construct. • Builders will be allowed a builders fee (overhead and profit) not -to -exceed fifteen percent of the cost of construction, of each individual dwelling unit. Builder's fees shall be included within the sales price or appraised fair market value. • All assisted persons or households (homebuyers) must be able to support a mortgage (at or greater than the bought -down / subsidized purchase price), documented with a firm loan commitment prior to committing to the CDBG-DR funds subsidy. • The assisted home must be the primary residence of the assisted persons or households (homebuyers). 6 Update Revisions — January 18, 2012 - Final • Homebuyer purchased properties under this activity must result in ownership in the form of fee simple title or 99 -year leasehold. Condominium single-family structures shall have deed restrictions or covenants in place prior to sale regarding this type of ownership. • The CDBG-DR funds subsidy amounts provided to assisted homebuyers (not including project delivery costs or general administration) must be secured as a mortgage lien on the assisted homebuyer's purchased property behind (recorded in junior position) the principal lender's mortgage loan. The assistance (subsidy) shall be provided as a five-year receding forgivable loan. Payback of funds will be required if the assisted homebuyer sells, vacates, rents or abandons their purchased property any time within the five year period. • With the exception of a Habitat for Humanity principal loan product (where there are typically two principal mortgages involved), the principal mortgage loan must be the only repayable loan in all individual homebuyer assistance projects under these proposals. • The CDBG-DR funds forgivable loan may be recorded in junior position to the principal loan, but must be recorded in senior position to any and all other funding in all projects (with the exception of a Habitat for Humanity loan). Additionally, recipients must maintain their assistance security agreements in the above -stated recording position throughout the five- year period, and will not be allowed to subordinate the required recording position to any other forms of assistance, such as refinancing or home equity loans for the five-year period. • Refinancing, to lower the mortgage interest rate, will be allowed during the 5 -year affordability period. However, no less than a 5 -year, fully amortized, fixed-rate mortgage will be accepted. No refinancing will be allowed during the 5 -year affordability period where funds/equity is withdrawn. Infrastructure in support of Housing — New Housing, Production (Single -Family) • This activity will include the construction of certain infrastructure to support new single family construction. This will include streets, sewer and water extensions to serve the area(s) to be developed. • The required development plan must include a detailed cost for the new infrastructure and a map of the proposed area to be developed. The development plan must also include commitments for the construction of 7 Update Revisions — January 18, 2012 - Final all other utilities (e.g., gas, electricity, telephone, cable, etc.) These utilities are not considered as eligible activities under the infrastructure in support of housing. • The local government, in which the infrastructure in support of new housing is proposed, will be the applicant for these funds. Applicants seeking infrastructure in support of housing will be required to justify the need for the infrastructure and provide appropriate documentation to support the need. • In the expanded COG regions, awards for infrastructure in support of housing will be made to the local government where the housing development will be located, and a separate contract between the IEDA and the local government will be required for the infrastructure component. Awards to the cities of Cedar Falls, Cedar Rapids, Des Moines, Iowa City and Waterloo that are direct applicants will receive a single contract and the infrastructure will be included in the housing development activity. • For newly developed areas such as new subdivisions that will yield multiple lots for single family unit development, the infrastructure extensions and expansions must be "specific" only to the lots/area being developed for the Single -Family Unit Production — New Construction — Round # 4 activity. The infrastructure must also be designed and sized appropriately only to those Tots/areas being developed for the activity to avoid over -building or building for future development. 8