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HomeMy WebLinkAboutRES 19-121RESOLUTION NO. 19-121 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby accepts the Disaster Recovery Voluntary Buyout Program Guidelines for the buyout and elevation of structures that flooded during Hurricane/TS Harvey. The Guidelines are substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of June, 2019. 6 PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT CITY OF BEAUMONT, TX P.O. BOX 3827 801 MAIN STREET, BEAUMONT, TX 77701 Disaster Recovery Voluntary Buyout Program Guidelines Table of Contents Introduction..................................................................................................................................... 4 Maximum Assistance Amount.................................................................................................... 4 Definitions..........................................:............................................................................................ 5 NationalObjective.......................................................................................................................... 9 Low- and Moderate-Income.....................................................................................................10 UrgentNeed..............................................................................................................................10 ProgramAdministration...........................................................:"::.::.............................................10 Application Processing Overview ..................................::::. -::'.................................................10 URA Requirements................................................... J ... . 11 Property Requirements .................................... :..�... ............ ` . ....................................11 StructureType.............................................................. 12 Property YTYhe..........................................�::> `.'*. . .... :`. 13 FloodClaims..................................................:�.;................... 13 Environmental Review ............ :°........................................ ` ................ `.. .....................................................13 Appraisal......................................t . Deed Restriction or Restrictive Covenant..: ..,:`.. .............................................13 Owner Requirements -...,.......,....,;14 .:. Citizenship........ .......................................................:.............................................14 Ownership................ rr..................................................................15 Identity-Verification/Credit. .Check ' Sec6nd,R(5fnes ::: ........:......:.........................................................15 Occupancy......................... .................. ........................................................................ 16 SpeciO\Circumstances Related1t' -Occupancy..................................................................16 Death of Eligible Owner................................................................................................16 Income.......... �': ......... +.............................................................................................16 Amount of Assist Exceptions..........::...:.::....................................................................................................17 Offer.................................................................................................................................18 EligibleUse of Funds........................................................................................................19 Duplicationof Benefits.............................................................................................................19 Recapture Duplication of Benefits........................................................................................19 Sources of Duplication of Benefits.......................................................................................19 FEMA Individual Assistance (FEMA IA)........................................................................ 20 FEMA National Flood Insurance Program (NFIP)........................................................... 20 City of Beaumont, Texas 1 Disaster Recovery Buyout Program Guidelines Disaster Recovery Voluntary Buyout Program Guidelines Increased Cost of Compliance (ICC)................................................................................ 20 Private Insurance...........................................................`:.::`:............................................. 20 ,. The Small Business Administration (SBA)............::.:..:::................................................ 21 .t Other Sources of Duplication of Benefits .........:.:. ,............................................ 21 Adjustments and Offset to the Amount of Assistance No receipts provided.................................. : ............................................................... 21 Partial receipts provided .............................. ............................................. ......................... 21 All receipts provided ................................ ............... ',N ..................21 Legal Fees ........................................ ;f ............... 22 ...... ... Buyout Award Determination ......... ..y::::. .. , ............................................................... 22 Buyout Applicants Who Owned the Property Prior to the•Disaster..................................... 22 Buyout Applicants, with Negative Equity\on Mortgage.., ..... >...:.. Buyout Applicants�with Reverse Mortgage.. 23 ,.... . .... Buyout Applicailis ri.Foreclosu1re .................... ................................................................... 23 Contract_for_Deed/Land'Leases/Mobile Homes`.:.................................................................. 23 Certification-Requlrements'Prior to Receivi g,Assistance....................................................... 23 Offert6 Purchase ... .......: �~ .................................................................................... 24 Docurneiiiing Eli ibili and,Acce tante of Offer 24 City of Beaumont will document the owner and property eligibility in the applicant file and will retain detailed,..opies of all award determinations as well as the applicant acceptance ofthe offered buyout andincentive amounts.......................:....................................................:......... 24 ApplicantClosing ................................................................................................................ 24 PropertyBefore Closing.......................................................................................................:... 24 Document Execution at Closing............................................................................................... 24 Subrogation Agreement........................................................................................................ 25 Assignment Relation to Funds Received Under Program ................................................. 25 Cooperation and Further Documentation.......................................................................... 25 Authorization for Program to Contact Third Parties.......................................................... 25 PropertyAfter Closing............................................................................................................... 26 Appeals......................................................................................................................................... 26 Grievance Policy/Procedure...................................................................................................... 26 Complaints............................................................................................................................ 26 Responsibilities..................................................................................................................... 26 Documentation.................................................................;::::.:............................................. 27 Affirmative Marketing/Fair Housing ................................................ 27 z_. City of Beaumont, Texas �. �`�: 2 Disaster Recovery Buyout Program Guidelines Disaster Recovery Voluntary Buyout Program Guidelines Coordinated Housing Strategy....................................................................................................... 28 Complianceand Monitoring.......................................................................................................... 28 Conflictof Interest.................................................................................................................... 28 Section3.................................................................................................................................... 28 RecordRetention...................................................................................................................... 28 Closeout.................................................................................................................................... 28 Anti- Fraud and Compliance Policies......................................................................................... 28 Contact...................................................................................................................................... 29 City of Beaumont, Texas 3 Disaster Recovery Buyout Program Guidelines Disaster Recovery Voluntary Buyout Program Guidelines Disaster Recovery Voluntary Buyout Program Guidelines City of Beaumont, TX Introduction The City of Beaumont Disaster Recovery Voluntary Buyout'Programisaprogramto assist owners whose homes were damaged by Hurricane Harvey (20;17) -to relocate outside the threat offlooding. Buyoutprograms support hazard mitigatiori; floodplainmanagement goals, and resiliency by removing homeowners from the floodplain, thus eliminating vulnerability to future flooding situations. After homes are purchased, the structures are demolished orrelocated. The land reverts to a natural floodplain, converts into a retention area, or is reiained,as green space for recreational purposes. The buyout program servesmultiple obj ectives and pro' vides aresiliency option versus rebuilding within a floodplain. Buyou'ts.help prevent repetitive loss and extreme risk to human health and safety. When conducted sooner rather than later, Buyouts prevent homeowners from making repairs ana.tinvesfing funds in properties that they then may not want to sell. The objectives of the program are: 1. Acquire properties -that -have been sulij qct to multiple floods {including those damaged by Hurricane Harvey),mand use,for public space,,green space,,and/or flood control measures. 2. Assist homeowners to ove'to an area with a, reducedrisk of flooding'. 3. Return properties in�the floodplain to natura14nd benefic al function, aiding in the storage of floodwaters11.-.L-- rninafe� 4. Elifuture flood dainages.and-health `and,,safety risks for owners and rescuers. 5. Reduce-repetitive,subsidized flood'msurance�payments and federal disaster assistance The program will focus on providuig;assistance to owners ofproperties that are located in the floodplaii,or cases of repetitive loss due to flooding. Maximum Assistance Amount City of Beaumonf w\ill,use funds- fri m the U.S. Department of Housing and Urban Development (HUD`CommunityDevelopment Block Grant Disaster Recovery (CDBG-DR) funding for the buyout of approxunately 27 properties, of which no less than 70 percent will be owned by low- and moderateincome (LMI) households'. The maximum amount of CDBG-DR funding available for any single buyout will be capped at the FHA Mortgage Limit for City of Beaumont, provided in Table 1 below. However, it is expected that the average amount of buyout assistance including incentives, proj ect delivery and other eligible proj ect costs will be approximately $115,000 per buyout. Using CDBG-DR funds, the program provides property owners up to the pre -disaster fair market value oftheir home and may also include an incentive payment to encourage relocation to an area of reduced flood risk. 1 Area with reduced risk of flooding means moving outside the 100 -year flood plain or within the 100 -year flood plain in a structure with flood mitigation measures above the current standard (2 feet above the 5W -year floodplain). 2 Based on current funding allocations and subject to specific funding restrictions which include 100 percent of funding to serve LMI for first Harvey Allocation (PL115-31). Please see Table 4 for a breakout of estimated number of units to be acquired by allocation. City of Beaumont, Texas 4 Disaster Recovery Buyout Program Guidelines Definitions Acquisition—The utilization of CDBG-DR only is typically not considered a complete another eligible use (i.e. relocation assista applicable uniform cost principals, and the used. Area Median Family Income (A family income with adjustments Builder Assign They must also ensure quality Buyout — A type reduce risk -from Disaster Recovery Voluntary Buyout Program Guidelines S ter'funds to acquire j tt� inthe Program'ar. The purchase price property. Acquisition Lust be combined with st,.be consistent with may not be on HUD -estimated median by the Subrecipient or state. and possess controls that will of an eligible property with the intent to from the hazard that led to the property's red will be dedicated and maintained in x, recreational, or floodplain and wetlands L individual survivors and their families to understand the ng in clear and transparent determination of eligibility. Case 1 circumstances of the survivor's needs to decrease their am where possible. Staff should meet at designated in a standard format. Damage Assessment- An inspection of the unit to document damage from the event. The assessment by a certified or licensed inspector (HQS, MPS, TREC, or similar license) is required to specifically and clearly document storm related property damage via photographic evidenceand detailednarratives (seethe GLO's Damage Assessment Guidelines). Damage assessmentsmay also include final cost of repair estimates. Davis -Bacon Act of 1931 (40 USC Part 3141 et seq.) and Related Acts — All laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with assistance received under this chapter shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis -Bacon Act, as amended. This applies to the rehabilitation of residential property only if such property contains not less than 8 units. 5 3 2018 FHA Mortgage Limits for Jefferson County from hups://entp.hud.gov/idal2p/­htnl/hicostl.cfm Mortgage maximums as of Tuesday January 01, 2019 5 https://www.hudexchange.info/resources/documents/Housing-and-Community-Development-Act-1974.pdf City of Beaumont, Texas Disaster Recovery Buyout Program Guidelines Disaster Recovery Voluntary Buyout Program Guidelines Demolition — The clearance and proper disposal of dilapidated buildings and improvements. Duplication of Benefits — The Robert T. Stafford Disaster As and Emergency Relief Act (Stafford Act) prohibits any person, business concern, or other entity from receiving financial assistance from CDBG-DR Disaster Recovery, funding with respect to any part of a loss resulting from a maj or disaster as to which he/she has'already received financial assistance under any other program or from insurance or any othefsource.6 Environmental Review -All substantially qualified applicants (e.g appli`cants who apply for the repair and replacement of their damaged unit must have received damage from the event, own their home and lived in the home as their primary residence) must undergo,an environmental review process. This process ensures that the activities comply with Nation_ al•.Environmental Policy Act (NEPA) and other applicable state and fedefallaws. Elevation Standards- Standards that appRy-to new construction, repair of substantial damage, or substantial improvement of structures 1ocatedin an areadelineated as a flood hazard area or equivalent in FEMA's data source identif ed�in 24'CFR 552(b)(1). Family—A household :composed oftwo or;more relatedpersons. The term family also includes one or more eligible ',persons living with another person or- persons who are determined to be important to their care or well-being and thersurvivmg member or members of any family described in this definition -who were -living inaunit assisted under the Housing Opportunities for Persons with AIDS (HOPWA)`program at the time of his or her death. FEMA-DesignatedHigh Risk Area — Areas designated by FEMA as vulnerable to significant wind -and -or storm surge, damage`and,areas located in 100 -year flood zones. These areas will be iderrtified,during the envir'onmerital review process for each participating jurisdiction. Flood Disaster Protection Act; of 1973 and Sec. 582(a) of the National Flood Insurance Reform Act of 19:94 Compliance with the legal requirements of Section 582(a) mandates that HUD flood disaster assistancethat is made available in an Special Flood HazardAreas (SFHAs) may not be used to make a payment (including any loan assistance payment) to a person for repair, replacement or restoration for flood damage to any personal, residential or commercial property i£ (1) the personhadpreviouslyreceived Federal flood disaster assistance conditioned on obtaining and maintaining flood insurance; and (2) that person failed to obtain and maintain flood insurance as required under applicable Federal law on such property. Green Building Standards — All rehabilitated (meets the definition of substantial improvement), reconstruction or new construction must meet an industry -recognized standard that has achieved certificationunder at least one ofthe following programs: (i) ENERGY STAR (Certified Homes or Multi -family High -Rise), (ii) Enterprise Green Communities, (iii) LEED (New Construction, Homes, Midrise, Existing Buildings Operations and Maintenance, or Neighborhood Development), (iv) ICC -700 National Green Building Standard. Homeowner Assistance Activity — The utilization of CDBG-DR funding to rehabilitate or reconstruct damaged homes for the applicant to remain in the original home at the original home site. The home to be assisted must have been owner -occupied at the time of the event. 6 Federal Register/Vol. 82, No. 247/Wednesday, December 27, 2017/Notices (Hurricane Harvey) City of Beaumont, Texas Disaster Recovery Buyout Program Guidelines Disaster Recovery Voluntary Buyout Program Guidelines Homebuyer Assistance Activity — The utilization of CDBG=DR Disaster Recovery funding for up to 100% of the required down payment, reasonable closing costs, principal write-down assistance, subsidization of interest rates, and privatemortgage insurance to facilitate the 11, purchase of a new or existing home. Housing Incentives- Incentive payments are generally offered m addition to other programs or funding (such as insurance), to encourage households to relocate in. a'�suitable housing development or an area promoted by the community's comprehensive recovery plan. The housing incentive may be offered for the purpose,of improving the residential structurethat upon completion will be occupiedbya Lowto moderate income household. An incentive may be offered to a buyout payment for households that volunteer to relocate outside of floodplain or to a lower -risk area. A buyout incentiveis.not available for properties that served as second homes at the time of the disaster or'following'the disaster:, `\ Household—A household is defined as all, persons occupying the same housing unit, regardless of their relationship to each -other. The occupants could -consist of a single family, two (2) or more families living,together;,or any othe',group, of related,orunrelated persons who share living arrangements: For housing activities, the test of meeting the low- to moderate- income (LMI) objectivell is based on the'I nt Act of 1968Section 3 — Requires the Subrecipient to it; sand other economic opportunities generated by HUD ted to the greatest extent feasible and consistent with existing d regulations, to low and very low-income persons. Recipients isure compliance and the compliance of their the Section 3 requirements, as outlined in 24 CFR 135.32.7 ensuredhat training; em fmaricialassistance shaE Federal; State, and Local of Section'3-covered fug Housing Unit- An housing damaged or destroyed by an event. Low- to Moderate- Income(LMI) National Objective— Activities which benefit households whose total annual gross income does not exceed 80% ofAreaMedian Income (AMI), adjusted for family size. Income eligibility will be determined and verified in accordance with GLO's Adjusted Gross Income Methodology. The most current income limits, published annually by HUD, shall be used by the Subrecipient to verify the income eligibility of each household applying for assistance at the time assistance is provided. • Very low: Household's annual income is up to 30% of the area median family income, as determined by HUD, adjusted for family size; • Low: Household's annual income is between 31% and 50% of the area median family income, as determined by HUD, adjusted for family size; • Moderate: Household's annual income is between 51 % and 80% ofthe area median family income, as determined by HUD, adjusted for family size. LMB National Objectives — Low to Moderate Buyout (LMB) is used for a buyout award to acquire housing owned by a qualifying LMI household, where the award amount (including optional relocation assistance) is greaterthanthepost-disasterfaifmarketvalue ofthatproperty. 7https://www.hudexchange.info City of Beaumont, Texas Disaster Recovery Buyout Program Guidelines 7 Disaster Recovery Voluntary Buyout Program Guidelines LMHI National Objectives - Low Moderate Housing Incentive (LMHI) benefits LMI households that are used for a housing incentive award and tied to a voluntary buyout or other voluntary acquisition of housing owned or occupied by a qualifying LMI household. Manufactured Housing Unit (MHU) — A structure, transportable in one or more sections which, in the traveling mode is eight body -feet or more in width, or forty body -feet or more in length, or when erected on site, is at least 320 square feet, and which is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. Minimum Property Standards (MPS) — The Minimum Property Standards (MPS) establish certain minimum standards for buildings constructed under HUD housing programs. This includes new single-family homes, multi -family housing and health care type facilities as outlined in HUD's 1994 Edition Handbook (4910.1). Modular Housing — A home built in sections in a factory to meet state, local, or regional building codes. Once assembled, the modular unit becomes permanently fixed to one site. Multi Family Rental — Eight or more rental units in the property. Needs Assessment — An assessment that determines the type of housing programs that will be offered equitably and based upon an objective assessment of unmet needs in the affected community's population. Negative Equity Mortgage — also known as "under water" or "upside down" mortgages — when homeowners owe more on their mortgages than their homes are worth. New Construction — A replacement home that substantially exceeds the original footprint on the existing lot (if permitted) or the construction of a new home in a new location. Program Design— The selection and development ofprograms and activities based on aNeeds Assessment. The Program Design must include the type ofhousing activities that will be offered by the Subrecipient, as well as howthe Program will be marketed, how Fair Housing Objectives will be achieved, and how funding will be prioritized as determined through a Needs Assessment. Program Income- Net income derived from the sale of program assets that exceeds $35,000 in a single fiscal year, received by the Subrecipient and directly generated from the use of housing CDBG-DR funds. Single Family Home — A single -unit family residence detached or attached to other housing structures. Single Family Rental — Seven or less rental units under common ownership. Units may be on contiguous or scattered lots. Scattered site rentals (rental properties not on an undivided lot or on contiguous lots or parcels) may exceed seven units without wage requirements. fi Slum and Blight National Objective — Activities which help o eliminate slum and blighted conditions. (Use of this National Objective is limited due to-its'inability to contribute towards the overall requirement for 70% LMI to benefit low,--idmoderate`income beneficiaries.) City of Beaumont, Texas Disaster Recovery Buyout Program Guidelines Disaster Recovery Voluntary Buyout Program Guidelines Slum and Blight activities must meet the criteria of one ofthe three following categories: • Prevent or eliminate slum and blight on an area basis; • Prevent or eliminate slum and blight on a spot basis; or • Be in an urban renewal area. Sub-recipient—Cities, Counties, IndianTribes, local governmental agencies (including COGS), private non -profits (including faith -based organizations), or a for-profit entity authorizedunder 24 CFR 570.201(o). The definition of Subrecipient does not include procured contractors providing supplies, equipment, construction, or services and may be further restricted by Program Rules or other guidance including applications. Subrogation Agreement— Means an agreement executed by the beneficiary agreeing to repay any duplicative assistance if they later receive other disaster assistance for the same purpose. Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended (Title 49 CFR Part 24) (Uniform Act referred to URA)— Applies to all acquisitions of real property or displacements of persons resulting from Federal or federally -assisted program or projects. URA's objective is to provide uniform, fair, and equitable treatment of persons whose real property is acquired or who are displaced in connection with federally funded projects. For the purposes of these guidelines, URA mostly applies to residential displacements in involuntary (49 CFR Subpart B) acquisition or multi -family damaged/occupied activities that require the relocation of the tenants. A displaced person is eligible to receive a rental assistance payment that is calculated to cover a period of 42 months. Unsecured Forgivable Promissory Note — Is an agreement between the assisted beneficiary and Subrecipient/GLO that requires applicants to comply for several terms during a set affordability period. At the end of the affordability period the terms are forgiven after they are met by the homeowner. Urgent Need National Obj ective —An urgent need that exists because existing conditions pose serious and immediate threat to health/welfare of community, the existing conditions are recent orrecently became urgent and the Subrecipient cannot finance the activities on its own because other funding sources are not available. Subrecipients must document how each program and/or activity funded under this category responds to a disaster related impact. National Objective The disaster that caused the most recent damage to the property will be used to determine the national objective for each property assisted. For the Hurricane Harvey disaster, the applicant's national objective is determined based on the type of activity. For more information about which national objective applies based on disaster, please see the table. below: City of Beaumont, Texas `'� 9 Disaster Recovery Buyout Program Guidelines,. :,` _ Disaster Recovery Voluntary Buyout Program Guidelines Low- and Moderate -Income Table 2. Buyout National Objective Disaster Activity Types LMI Buyout LMI Housing Incentive Acquisition-buyout'of residential X. property ,2017 Hurricane Harvey Clearance and Demolition Relocation Payment and, Assistance Urgent Need One critical component of a buyout program is taking measures to limit the checkerboard effect that buyout programs can sometimes have on a neighborhood. To help limit the checkerboarding effect, the City of Beaumont will include an Urgent Need activity in parallel with the LMI activity. The UrgentNeed buyout activity will follow the same guidelines as the LMI activity but will expandthe owner eligibility to include owners with incomes up to 120 percent of areamedian income and may include owners with incomes of greater than 120 percent if such owner maintained required flood insurance within the 100 -year flood plain. Program Administration Application Processing Overview The City of Beaumont Buyout Program is available to applicants identified through the Planning Division/Floodplain Administrator. The City will provide timely notification to applicants on their application status. Additionally, the City will further define in its operating procedures the methods for communication (i.e., website, telephone, case managers, letters, etc.), ensuring the accessibility and privacy of individualized information for all applicants, indicating the frequency of applicant status updates, and identifying which personnel or unit is responsible for informing applicants of the status ofrecovery applications. Below is a summary outline ofthe buyout program process from pre -application through closing: Waiting List a. The City of Beaumont adds households to the waiting list that have expressed an interest in volunteering to be bought out. Pre -Application Review a. The pre -application review is used to review preliminary data collected on the applicant and the applicant's property, contact the applicant to discuss the application process, provide information regarding the assistance available, inform the applicant of the documentation/verification requirements, and discuss next steps. b. Determine residency within Floodplain according to program guidelines. 3. Application a. Used to collect required information, certifications, authorizations, and supporting documentation/verifications used to determine program eligibility b. Determine whether home is owner -occupied 4. Evaluation & Eligibility Determination a. Verification and calculation of household income, review citizenship status, ownership status, clear title and current on property taxes, determine property location/eligibility, etc. b. National Objective- LMI and UN status City of Beaumont, Texas 10 Disaster Recovery Buyout Program Guidelines Disaster Recovery Voluntary Buyout Program Guidelines 5. Appraisal a. Property is appraised to determine pre -disaster fair market value 6. Complete program documents with case manager/assess need for relocation advisory services a. Owners and non -owner occupants complete the application and provide required documentation to determine their eligibility for theprogram. b. Discuss relocation options and need for assistance;in identifying comparable relocation opportunities. Assign relocation advisdry� services as needed/requested. 7. Offer to Purchase to Applicant a. Once an owner and their property has' been'determined_ eligible, they will receive an offer to purchase that takes into consideration the pre -disaster fair market value and any duplication of benefits b. Owner or displaced occupants receiv&informationregarding available resources to help with move 8. Commitment 9. Submission to City of Beaumontffor funding approval,, a. All properties that will receive,buyo&Tt.ms must be reviewed and approved by the City of Beaumont. 10. Approval letter sent to Applicant 11. Funding secured ti N, 12. Lender schedules. closing 13. City approves closing document's 14. Closing..occur-s/title tr'ansfers'to City 'of Beaumont 15. Demolition___ 16. Compliance & 1Vlonitoring URA Requirements The buyout program will acquire'properties•froin owners who agree to voluntarily participate in the program. However, some owners, who volunteer may rent their property they have volunteered for the buyout program. Renters and other non -owner occupants who will be required to move from the unit involuntarily may be displaced as a result of the buyout. City of Beaumont will follow the URA fequirements, as amended by the applicable Federal Register Notices for each disaster allocation. For more information on the URA benefits and services that displaced persons are eligible to receive please see the Moving Costs and Relocation Section. Property Requirements Homeowners who own a property in a floodplain may be eligible to receive buyout assistance and will be prioritized to receive assistance. For the property to qualify for the buyout program the property must meet the following requirements: 1. Located in City of Beaumont jurisdiction 2. The property must be in a mapped floodplain and/or subj ect to repetitive flooding caused by out -of -bank bayou flooding. 3. Have been damaged by Hurricane Harvey 4. Must be an eligible property type 5. The property's source of flooding is from a bayou, creek, or smaller tributary that feeds into the City of Beaumont. 6. A home buyout must be the most beneficial solution to the property's flooding problem (as opposed to a structural solution, such as a channel conveyance improvement or storm water detention basin). City of Beaumont, Texas 11 Disaster Recovery Buyout Program Guidelines Disaster Recovery Voluntary Buyout Program Guidelines 7. The property is strategically located for potential or future flood damage reduction projects and/or floodplain preservation. Additionally, apropertymaybe eligible for buy-out assistance if an applicant originally applied for rehabilitation or reconstruction assistance, but the site could not be environmentally cleared, and conditions could not be mitigated to HUD standards for housing rehabilitation or reconstruction assistance due to the following conditions: r' 1. Any house in the floodway that cannot be moved or rebuilt,within the property boundaries outside the floodway, or - ``\, 2. Any house seeking reconstruction assistance with anise-impactthat cannot be mitigated to HUD acceptable levels, or 3. Any house that is not a clear site for hazardous toxins per Texas Commission on Environment Quality (TCEQ) without compliant mitigation possible,, or-, 4. Any house seeking reconstruction assistance outside HU ''s Acceptable S af&Distance guidelines from a flammable or ekplosive hazard. If a property applied for rehabilitation or reconstruction assistance but could not be environmentally cleared due to the above criteria; Disaster Recovery Voluntary Buyout Program Guidelines Property Type Property is the land and improvements listed on the title or appraisal district record as published on Jefferson Central Appraisal District's website at JCAD.org on which the owner -occupant unit is located. The following types of ownership are ineligible for assistance under this program: 1. Applicants who lost ownership of their home due to foreclosure, properties with outstanding suits, j udgments and tax liens that would j eopardize ownership maybe ineligible for assistance. 2. Properties located where federal assistance is not Ierinittedare•ineligible for assistance. Properties must be in compliance with Environmental Code'24'CFR Part 58. Flood Claims To verify property flood damage from the applicable disasters, flood claims will be verified by the National Flood Insurance Program (N.FIP). Any assistanceeddentified through'the'NFIP verification will be considered for p.'oteiitial Duplicatibn ofB;eriefits. Environmental Review CDBG-DR buyout assistance is contingent on compliance with the�National Environmental Policy Act (NEPA) andrelated-environmental and historic preservation legislation and executive orders. Accordingly, p'yironmentM review detivitiesare.cared-out fdr site contamination and demolition control, and documented',prior to commitment of funds. Appraisal All properties wilt be -appraised by,a,State licensed appraiser and in conformity with the Uniform Relocati6",ctaf49CFR.24.103,Ci eriaforApp`aisalahid 49CFR24.104-ReviewofAppraisals. 1. 'If appraisal exceeds the established maximum purchase limit as set by the City, the applicant may receive -up to the City's, established limit. Such cases will be evaluated on a case-bycase basis and final determination made by the City. 2. Ifappraisal 's,belowthe City's established maximumpurchase limit, applicantwillbe offered the'pre= Disaster Recovery Voluntary Buyout Program Guidelines upstream, or downstream and that the local floodplain manager approves, in writing, before the commencement of the construction of the structure. After receipt of the assistance, with respect to any property acquired, accepted, or from which a structure was removed under the acquisition or relocation program, no subsequent application for additional disaster assistance for any purpose or to repair damage or make improvements of any sort will be made by the owner of the buyout property (including subsequent owners) to any Federal entity in perpetuity. The entity acquiring the property may lease it to adjacent property owners or other parties for compatible uses in return for a maintenance agreement. Although Federal policy encourages leasing rather than selling such property, the property may also be sold. Owner Requirements In addition to the requirements for each property to be eligible for assistance, owners of the properties must also meet certain requirements in order to be eligible to receive buyout assistance. In order to qualify, all of the following must pertain to the homeowner/applicant: 1. The homeowner must be a United States Citizen or an Eligible Immigrant 2. Homeowner must have clear title to the property 3. Must be current on property taxes 4. Must be current on child support payments 5. Must agree to move to an area with reduced risk offlood9 6. Or the buyout is a result of environmental review restrictions in which the environmental review deems the property not eligible for other rehabilitation or reconstruction assistance. Participants in the buyout program will be required to certify to all eligibility criteria and must sign an acknowledgement agreeing to the following false claims statement: "Warning: Any person who knowingly makes a false claim or statement to HUD may be subjectto civil or criminal penalties under 18 U.S.C. 287,1001, and 31 U.S.C. 3729. Citizenship The homeowner must be a United States citizen, or an eligible immigraatas verified by a signed declaration and one of the following: ` 1. U.S. Citizen a. A United States Passports b. Birth CertificateN., i. In the absence of a birth certificate; an elderly applicant may substitute a Social Security Benefits Determination document for thebirth certificate. c. Certificate of Naturalization 2. Eligible Immigrant a. Form I-551 Alien registration.receipt card b. Form I-94 Arrival Departure Record annotated''wiih. one of the following: i. Admitted as a Refugee.Pu`rsuant to Section-207� ii. Section 208 ffm 9 Area with reduced risk of 5 plain in a structure with flood City of Beaumont, Texas--,�,� Disaster Recovery Buyoui.Program GuE or "Deportation" stayed`by Atto ey General iingloutside the',100-year flood plain of within the 100 -year flood res above the current standard (2 feet above the 500 -year flood plain). 14 nese` �• _ ., Disaster Recovery Voluntary Buyout Program Guidelines iv. Paroled Pursuant to Section 221 (s)(5) of the USCIS c. Form I-94 Arrival -Departure Record with no annotation accompanied by: i. A final court decision granting asylum (only if no appeal is taken) ii. A letter from an USCIS asylum officer granting asylum (if application is filed on or after 10/1/90) or from an USCIS district director granting asylum (application filed before 10/1/90) iii. A court decision granting withholding of deportation iv. A letter from an asylum officer granting withholding or deportation (if application filed on or after 10/1/90) v. A receipt issued by the USCIS indicating that an application for issuance of a replacement document in one of the above listed categories has been made and the applicant's entitlement to the document has been verified. Ownership Ownership will be verified by a full title search to ensure a clear title on the property. All title issues must be resolved prior to closing. The title company must provide title insurance on the property. Additionally, the City of Beaumontwill provide owners with referrals and recommendations on title clearance assistance, such as local legal aid organizations. Identity Verification/Credit Check Owners identity will be verified via a credit check; however, an applicant's credit score is not taken into consideration in determining program eligibility. The credit report is reviewed to verify: 1. applicant's identity 2. that there are no judgments or liens on the property (example — tax lien) 3. applicants must be current on property taxes or be awarded a tax deferral as allowed under Section 33.06 of the Texas Tax Code. CDBG-DR funds may not be used to pay delinquent taxes or child support back payments. Second Homes To help accomplish the overall goals of the buyout program, the City of Beaumont wishes to provide buyout assistance to as many volunteers as possible within the Buyout Interest Area. However, owners that volunteer for buyout on homes that qualify as their second home at the time of the disaster, or following the disaster, are often not eligible to participate in the buyout program and are not eligible for residential incentives. City of Beaumont, Texas 15 Disaster Recovery Buyout Program Guidelines Second Home Definition Buyout of Housing Second Incentives Homes Allowable? Allowable? 2017 IRS Publication 936 No No PL 115-31 (82 FR 61320) 83 FR 5844 City of Beaumont, Texas 15 Disaster Recovery Buyout Program Guidelines ( Disaster Recovery Voluntary Buyout Program Guidelines 2017 A second home `'is defined Yes `.' ; •, No . under this notice as'a home° PL 115-123 (83 FR 5844) that, -,`'is.., not the `primary;-' residence 'of the owwer,. a tenant;,or:.any occupant afthe\ time of thestormlor at the time`;_ ' of application for assistance. ` Occupancy To confirm owner occupancy,program..� looksf,o.r a, homestead exemption in the property tax records in the -applicant's name for.the time of th&.storm. This will be verified through Jefferson'Central_Appraisal District (JCAD_). If the`property tax records have established a homestead,exemption--the~property'is considered occupied by the applicant. In the absence confir iaOon of a homestead exemption from records provided by the City, the following hierarchy`wll,be used to establish occupancy (all occupancy documentation must be from one month prior to the, storm, in the applicant'or.co-applicant's name, and the damaged address): 1. Property tax records demonstrating homestead exemption for the property; 2. Copy of electric; gas, or water bill. The bill must confirm that service was provided in the month of or the"vonth prior to the storm; 3. Letter from electric;:gas; or water company. The letter must confirm that service was provided in the month of or the month prior to the storm; 4. Other qualified documents may be presented to the city for consideration of proof of occupancy. For tenant occupied housing, rental lease agreements will be used to verify occupancy. Special Circumstances Related to Occupancy 1. Active duty military personnel who own a storm -damaged home in the City of Beaumont but are currently assigned to duty away from their home or were assigned to duty away from their home at the time of the storm are eligible. 2. Applicants incapacitated due to illness who own a storm damaged home in the City of Beaumont and are currently incapacitated or were incapacitated at the time of the storm are eligible. 3. Applicants who were incarcerated at the time of the storm but are no longer incarcerated are eligible to apply for the program. If the applicant is incarcerated at the time of application, the applicant must give someone Power of Attorney on his or her behalf. 4. Applicants who were in a nursing home at the time of the storm but are no longer in a nursing home are eligible. If the applicant is in a nursing home at the time of application, the applicant must give someone Power of Attorney on his or her behalf. Death of Eligible Owner 1. If the homeowner passes away before closing the transaction occurs the heir to the property may be eligible to proceed with the sale of the property once succession has been established. The heir must meet all eligibility requirements. 2. If an eligible owner dies and leaves their damaged property to a business entity, the application is ineligible for assistance. Income The buyout program requires that each applicant household provide their household income for purpose of determining their eligibility to receive assistance. Income amounts will be verified City of Beaumont, Texas 16 Disaster Recovery Buyout Program Guidelines Disaster Recovery Voluntary Buyout Program Guidelines through the Income Policies and Procedures. The Department of Housing and Urban Development's (HUD) Income Calculator or a similar calculator tool will be used to determine if applicant meets HUD's low to -moderate income criteria. The program will use the 24 CFR Part 5 definition of annual income. (See Income Policies and Procedures). Household income must not exceed the low-income limit (80 percent of area median income) for the area for LMI households and 120 -percent for Urgent Need households. Income limits are established by HUD and updated annually. Amount of Assistance City of Beaumont has been allocated funding from the U.S. Department of Housing and Urban Development (HUD) via the Texas General Land Office (GLO) for disaster recovery projects related to the 2017 federally declared disaster events. Based on the availability of funds, there may be multiple rounds for the Disaster Recovery Buy -Out Program to assist additional properties as preliminaryCity of Beaumont estimates identifiedtheneedfor approximately 100 properties thatmay be eligible for a buyout program. The maximum assistant amount of CDBG-DR buyout funds will be capped at the FHA Mortgage Limits for City of Beaumont. It is anticipated that the average assistance amount per household will be approximately $115,000. Eligible costs included in the buyout maximum assistance amount are: ❑ buyout purchase price", ❑ clearance and demolition11, ❑ moving expenses, ❑ settlement costs, ❑ a replacement housing incentive payment of up to $31,000; Incentives The City of Beaumont will provide eligible participants areas with a reduced risk of flooding. The purpose of th ability to relocate to an area with reduced risk of floodin financially or in terms of housing quality by participatii incentives are allowable, they must bejustified'andreas buyout program from providing compensation payment t. ith housing incentives to relocate to iricentives.is to allow owners the vhile not b-eing,made worse off in the program., While housing .able. Federal regulations prohibit the Replacement Housing Incentive The replacement housing incentive is necessary due increase dhousing costs following the three years of repetitive flooding and the devastat on,c ihsed by Hurricane Harvey and will be provided to households purchasing a more expen`sive,,home\in-City of Beaiunont, up to the amount by which the new home price,exceeds the buy-out,home'not to,.exceed,$341,000. Moving Costs and Relocation ! If the buyout is a voluritary'acquisrtionof a owner -occupied residence owners are not entitled to assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA). However; -n award after' buv-out ►X011 Areas due to damage caused by the disdsl "Demolition costs can. include the actual i and proper disposal'of resulting debris not cover all movir'g. xpenses, the City of Beaumont, Texas., / Disaster Recovery Buyout pr gram'Gu ay ae-providedif funds are available under the maximum AS are, cc vered` ,Eor voluntary, owner -occupied buyouts ipend of $5,00;0. In the event that the $5,000 stipend does ue`due to significant decrease in home values in the Buyout Interest "\ ition ofthe existing structures on the property, clearing the property, may submit receipts for reimbursement provided they 17 Disaster Recovery Voluntary Buyout Program Guidelines received at least two bids and selected the lower of thebids. If a rental home is purchased through the buyout program and contains tenants that will be required to relocate, they are considered displaced persons who are eligible for relocation benefitsunder the Uniform Relocation Act (URA). As a displaced tenant under the URA, the City will adhere to all relocation notification requirements of the URA. Additionally, a tenant can receive two types of replacement housing assistance: amoving allowance, and a replacement housing allowance. The moving allowance canbe an actual reasonable moving and related expenses reimbursement, or a fixed payment for moving expenses determined by a schedule published by the Federal Highway Administration. The replacement housing allowance can take two forms. If the displaced tenant chooses to continue to rent a dwelling, the award amount they are eligible for is 42 months times the difference in rent/utilities of their new home and their buyout dwelling (including lot rent, if a mobile home unit). Maximum replacement housing assistance is capped at $7,200 for 90 -day tenant occupants, except in situations where housing of last resort applies. Another option is for the displaced tenant to purchase a new home and receive a lump sum down payment form of assistance. If the displaced tenant elects to receive lump sum down payment assistance, their award cannot exceed what they would have been eligible for had they continued to rent aunit. HUD Handbook 1378 contains additional guidance on mobile home relocation under the URA: "1) Replacement Housing Payment is based on Dwelling and Site. Both the mobile home and mobile home site must be considered when computing a replacement housing payment. (A displaced mobile home occupant may have owned the displacemenf mobile home and rented the site, or rented the displacement mobile home and owned the site; or owned both the mobile home and the site, or rented both the mobile home and the site.) Also;: a displaced mobile home occupant may elect to purchase a replacement mobile home,and''rent'a:replacement site, rent a replacement mobile home and purchase a replacement•zsite; purchase bo4-a replacement mobile home and replacement site, or rent both a replacement mobile home and site. In such f- cases, the total replacement housing payment shall:consist of a payment for a -dwelling and a payment for a site, each computed under the applicable: requirements. in 49 CFR`24`4,01 and 49 CFR 24.402." �� When the maximum replacement housing,assisfance under the URA is calculated, differential payment for the dwelling and site are both included. If a mobile liome-owner-occupant then chooses to purchase a stick -built home rather than a mobile 16m6; -they are' eligible to receive the same amount of replacement housing assistance as if they were`to purchase 'a -mobile home and lot. The State will allow the rental. -assistance payment for the site differential cost to be considered when computing the total replacement housing,assistani d due in this situation. Offer _ Once the applicanthasbeen deteinuned eligible for buyout assistance, City of Beaumont will provide the,applicant w`ith,a buyout`offer�n acedidance�with the appraised value (pre -disaster fair market:Value).Fundingwillincludebuyzoutassistince, moving expenses, and coverage of demolition costs when there are'm other`resources available, and when the buyout is a result of environmental r`eyiew restrictions •in which the environmental review deems the property not eligible for other rehabilitation or e''A nstructi n assistance. City of Beaumont, Texas `, - �, 18 Disaster Recovery Buyout Program'Guidle es Disaster Recovery Voluntary Buyout Program Guidelines Eligible Use of Funds 1. Appraised Property Buy Out Costs 2. Settlement Costs a. Appraisal Cost b. Appraisal Review c. Title Search d. City of Beaumont Document Signing e. Credit Check f. Environmental Impact Assessment Costs g. Inspection Costs h. Deed Conversion Fees i. Recording Fees j. Other Associated Closing Costs outline in the HUD 1 3. Demolition Costs including the actual demolition of the existing structures on the property, clearing the proper, and proper disposal of resulting debris 4. Moving expenses — to cover the cost of moving associated with participation in the buyout program. 5. Replacement Housing Incentive — to cover the difference in purchase price of the buyout home and a more expensive replacement home in City of Beaumont, up to $31,000. Duplication of Benefits Federal law prohibits any person, business concern, or other entity from receiving Federal funds for any part of such loss as to which he has received financial assistance under any other program or from insurance or any other source. A duplication of benefits (DOB) occurs when: ❑ a beneficiary receives assistance, and ❑ the assistance is from multiple sources, and ❑ the assistance amount exceeds the need for a particular recoverypurpose To ensure that City of Beaumont does not provide a duplication of benefits, the City will adhere to the following general process: 1. determination of the applicant's total need 2. identify all potentially duplicative assistance 3. determine whether assistance was duplicative 4. deduct duplicative assistance from the applicant's total need Recapture Duplication of Benefits If a duplication of benefits is identified, City of Beaumont will recapture funds to the extent they are in excess of the need and duplicate other assistance received by the beneficiary for the same purpose. Sources of Duplication of Benefits The following are sources of funding assistance provided for structural damage and loss that are considered a duplication of benefits (DOB). Under federal law DOB must be deducted from the assistance amount (the amount that will be offered for the purchase of the home): FEMA Individual Assistance (IA), FEMANational Flood Insurance Program (NFIP), Private Insurance, Small Business Administration (SBA) and other sources. Assistance received in the form of services instead of money, for home repairs from any source is not considered a duplication of benefits. Any additional duplication of benefits received by the applicant after the offer for City of Beaumont, Texas 19 Disaster Recovery Buyout Program Guidelines Disaster Recovery Voluntary Buyout Program Guidelines purchase has been extended, the funding for the purchase of the home has been awarded or the purchase transaction has occurred, must be applied to reduce the award amount. Funds received from any source including flood insurance, FEMA and hazard insurance that were used to cover repair to the applicant's home do not reduce the amount of disaster assistance if the evidence of expenditures at least equals the amount of assistance. Documentation must be provided demonstrating the cost and type of repair conducted. City of Beaumont will conduct a work write-up that will inspect, confirm and estimate value of repairs based upon applicant's statement ofrepair work already completed. FEMA Individual Assistance (FEMA IA) FEMA IA will be determined and verified by City of Beaumont through the FEMA database. If City of Beaumont is unable to verify the FEMA IA amount through the FEMA database, City of Beaumont will use the payment amount provided by the applicant at the time of application. If an applicant is able to provide documentation demonstrating that the FEMA IA amount provided by the FEMA database includes amounts not paid to cover structural loss, City of Beaumont will usethe documentation provided by the applicant to adjust the FEMA IA payout amount. The documentation provided by the applicant must come from FEMA. FEMA National Flood Insurance Program (NFIP) City of Beaumont will check all applicants for NFIP to verify whether they maintained flood insurance. Any payments for loss to the dwellings under NFIP insurance policies are deducted from the amount the applicant is eligible to receive. Payments for contents or other expenses are not deducted from the applicant's award. The payment to applicants under NFIP policies will be determined and verified by City of Beaumont through the FEMA database and cross referenced with Texas GLO data. If City of Beaumont is unable to verify the NFIP insurance proceeds through the NFIP database, City of Beaumont will use documentation supplied by the applicant. If an applicant is able to provide documentation demonstrating that the insurance proceeds amounfprovided by the FEMA database includes items not covered in the home evaluation or not paid to cover structural loss, City of Beaumont will use the documentation provided by -the applicant to adjust the insurance payout. The documentation provided by the applicant must come from the insurance company which issued the payments. Increased Cost of Compliance ICC The program will determine duplication ofbenefits'regarding Increased Cost of Compliance funds for elevation and/or demolition activities. If severe property damage occurs as' d result of floodift,tibefo e repair or rebuild activities can occur, it may be required by law that the'damaged prope4,meet community ordinances and/or state floodplain management standards.',ICC covetage provides finding to help cover the costs of meeting those requirements with the intent. aimed at reducing future°flood damage. ICC coverage is separate from and in,additioh-to insurance coverage that -provides for structural or personal flood damage repairs'. v", <. Private Insurance All private insurance settlement amounts -for loss to.`dwellings are deducted from the applicant's award. Privatesuxance payments for'contents or other,expenses such as fences, storage sheds, etc., are`not;deducted.,from the""applicant's"award:-,- � Insurance` proceeds are determined*and'verified by the City of Beaumont through the applicant's -insurance settlement:,If an applicant is able to provide documentation City of Beaumont', Texas 1 20 Disaster Recovery'Buyout Program Disaster Recovery Voluntary Buyout Program Guidelines demonstrating that the insurance proceeds amount provided by the insurance company includes items not covered in the home evaluation or not paid to cover structural loss, the City of Beaumont may use the documentation provided by the applicant to adjust the private insurance DOB. Mold remediation is not included in the home evaluation. Therefore, insurance payments to cover mold remediation are not deducted from an applicant's funding assistance award. The documentation provided by the applicant must come from the insurance company which issued the payments. The Small Business Administration (SBA) SBA loan proceeds available to the applicant are a duplication of benefit (DOB). Any proceeds available for repair to the dwellings less any verifiable expenditures used for temporary repairs to the dwelling under Small Business Administration Disaster Assistance are deducted from the amount the applicant is eligible to receive. Payments for contents or other expenses are not deducted from the applicant's award. Other Sources of Duplication of Benefits Following a disaster, charitable organizations provide many kinds of contributions, including donations, grants, or loans among other types of assistance. Grants and cash donations designated for specific eligible work, even when provided from non -Federal sources, but designated for the same purpose as Federal disaster funds generally are considered a duplication of benefit. Grants and cash donations received for unspecified purposes (e.g., "for disaster recovery/relief efforts"), or for work not eligible for federal assistance, do not constitute a duplication of benefits. Adjustments and Offset to the Amount of Assistance Adjustments and offsets are deducted from the award amount:; No receipts provided If the household is unable to provide receipts to show work completed for assistance amounts received for housing repair and/or replacement, the full amount of housing repair and/or replacement assistance previously received mustbededucted from the amount of funding for which the householdwould otherwise be- eligible. Partial receipts provided If partial receipts are provided. by the household documenting that only a portion of the housing repair and/or replacement assistance previously received was used as intended, the amount received not supported• -by receipts must be�deducted from the amount of funding for which the household woul&,io4herwise be eligible. All receipts provided _-`�, If receipts arelprovided-by the household,+documenting fat the full amount of housing repair and/or+replacement`'assistance previously received•was used as intended, no deduction is madefrom the�award amount for which the household is eligible. In instanceswhere i of Beaumont may e can be`•provided. In ,eipfs were provided by the homeowner, City 4n.calcialating the amount of assistance that requirements apply: 1a,+.Z 1. T'Se:homeowner must provide a'signed self -certified statement that documents in detail all labor and'or repairs made �,o the damaged property following the hurricane; and 2. A Certified Inspector must determine with reasonable assurance that the repairs were made after the date of the Hurricane; and City of Beaumont, Texas` Y 21 Disaster Recovery Buyout Prggam,Guidelines Disaster Recovery Voluntary Buyout Program Guidelines 3. City of Beaumont will document, through photographs, the repairs that were made. A Certified Inspector(s) is a person or persons hired by the City of Beaumont, qualified to inspect for labor and/ or repairs made to the damaged home in the absence of receipts. In conjunction with site inspections, self -certified statements ofhomeowners mustbe reviewed in detail by a Certified Inspector to determine: 1. Whether the home was repaired; 2. Whether the repairs could be reasonably determined as occurring after the hurricane; and 3. A reasonable value of the cost of repairs to the home (including labor). Although Rental Assistance is not considered to be a source of DOB under this Program, temporary housing expenses can offset the potential DOB amount. To offset the total amount, the following applies: 1. The offsetting amount would be the amount of documented expenses that exceed the amount received for Rental Assistance. 2. Self -certifications of the amount spent on or the value of rental resources obtained is not sufficient to off -set potential DOB. Applicants can provide documentation for allowable activities to off -set potential DOB. Allowable activities are temporary housing such as rent, hotel stays,and applicable utilities that occurred because of temporary displacement from their primary residence because of the disaster. Eligible temporary displacement is from the time of the storm until the date of the verification letter. Evacuation costs are not eligible for DOB Offset: If an applicant was a victim of contractor fraud, the amount paid to tlie,contractor may not be counted as a duplication of benefit. The applicant would have had to f le a -police report before the date ofthe application submitted. If an applicant's mortgage company placed a force payment on insurance proceeds, the insurance amount may riot count as a duplication of.benefits. The applicant would have to provide the document proving that that the mortgage company did not release the insurance proceeds. Legal Fees�`;`.� , Legal fees that were paid to successfully obtain surahce proceeds will be credited to applicant and will not be deducted -as part of the dupluication of -.benefits ca'l'culation. Applicants must provide evidence ofpayment-and self certify'in accofdance with-City'of Beaumont policy in orderto be credited. `, Tax filings related to losses'to the,home_ do not affect funding assistance awards and are not considered a duplication of benefits:; Applicants shouhd,consult a personal tax consultant about any tax related -matters � ` { .,�� <``•. , \, � , X`•�� Buyout °Aird Determination The City of�Beaumont will provide el gible,participants with the pre -disaster fair market value, less any duplication of benefits; plus moving and settlement costs, plus a Replacement Housing Incentive, Social; Vu lnerabiliWlnc�entive, Rehabilitation Incentive, Down Payment Assistance, and anEquity Incentive:-. j Buyout Applicants'Who Owned the Property Prior to the Disaster Eligible owners determinedtta have owned the buyout property prior to the disaster will receive an offer to purchase the property based on the pre -disaster fair market value of the property City of Beaumont, Texas 22 Disaster Recovery Buyout Program Guidelines Disaster Recovery Voluntary Buyout Program Guidelines minus any duplication of benefits documented. Buyout Applicants with Negative Equity on Mortgage The buyout program may assist people who owe more on their mortgage than their house is worth, also known as negative equity mortgage or being underwater on their mortgage, but assistance amounts are capped at the maximum total buyout assistance amount per household. Assistance will only be provided if the assistance will allow the household to move from the damaged home to an area of reduced flood risk. The City of Beaumont reserves the right to review each applicant underwater on their mortgage on a case-by-case basis. Buyout Applicants with Reverse Mortgage The buyout program may assist people who have a reverse mortgage, but assistance amounts are capped at the maximum total buyout assistance amount per household. Assistance will only be provided if the assistance will allow the household to move from the damaged home to an area of reduced flood risk. The City of Beaumont reserves the right to review each applicant underwater on their mortgage on a case-by-case basis. Buyout Applicants in Foreclosure Applicants in foreclosure maybe provided buyout assistance; howeverthe assistance amounts are capped at the maximum total buyout assistance amount pei household. Assistance will only be provided if the assistance will allow the household to movie from the damaged home to an area of reduced flood risk. The City of Beaumont reserves ihe,.rightto review each,applicant underwater on their mortgage on a case -by -case -basis.' Contract for Deed/Land Leases/Mobile Homes Properties where there is a different owner of the land than the`owner of the dwelling unit(s), such as in Contracts for Deed, long-term land --leases, and offtenwith mobile homes, may be assisted through the buyout program only ifs the property owner converts the contract to full ownership. Any persons displaced by such conversionwill be provided replacement housing assistance following applicable URA requirements. The 'City • of Beauinontreserves the right to review each application on a case-by-case basis to deterrninethe appropriate assistance f amount. �.. Certification Requirements Prior to Receiving Assistance All applicants.must-agree to the°followmg to-receive,assistance: 1. Sign aif Authorization for `the Release of fnform. &ion so that information provided can be shared and/or verified with state;,federal and other third -party agencies. The applicant, co applicant, and other, ad'ult household members are required to sign the release unless one of the •eligible applicants has provided power of attorney to another to represent him/her).`,_... 2. Sign a Certification of Conipleteness attesting to the accuracy and completeness of all information provided to the program under penalty of law. 3. Agree to verificationof their'6wnership status, the amount of disaster -related damage to the home, and assistance received. 4. Power of attorney: Applicant(s) may grant power of attorney to someone who can apply on their behalf, as applicable 5. Sign a Certification of Residency attesting to the fact that the new address where the applicant will relocate to or has already relocated to an area of reduced flood risk. City of Beaumont, Texas 23 Disaster Recovery Buyout Program Guidelines Disaster Recovery Voluntary Buyout Program Guidelines Offer to Purchase Once an applicant has been determined eligible and an assistance amount has been calculated, the applicant will receive an offer to purchase. An applicant must sign a voluntary participation or non- participation agreement within 14 days of buy-out offer. If applicant does not agree to the offer, they may counter offer by providing their own pre -storm appraisal prepared by a licensed appraiser. The city will review the counter offer and make a decision regarding the appraisal amount that is to be used. If applicant appeals, the city will have ten (10) days to review the counteroffer and make a decision regarding the appraisal amount that will be used. Applicant will be notified by mail of the final decision. Documenting Eligibility and Acceptance of Offer, City of Beaumont will document the owner and property" eligibility in the applicant file and will retain detailed copies of all award determinations,as well as the applicant acceptance of the offered buyout and incentive amounts Applicant Closing Property Before Closing Participant must remove all personal{propertyjfrom the residence prior to the day of closing. Any personal property remaining after closing will be..included'in'the demolition. Once the purchase offer has been made, the Seller isnptified of available resources to help applicant move. �, N ❑ Upon Homeowner_ acceptance of offer;�the City of Beaumont: ❑ sends information.to� Title Company, requests title commitment, and invoice r ❑ receives --invoice, tiile;cbmmitmeni,-and preliminary settlement statement from Title Company ❑ prepares set -up award statement including, estimated closing and demolition costs provided by ;` CDBG-DR funds: - ❑ prepares setup file for'GLO.`S;eiup file to include award statement with cost of acquisition, necessary soft costs, incentives`dhd-demolition (if applicable) costs. Setup file to include: ❑ Set-up form (16.20) - ❑ Award Statement ' ❑ Release of Fund`s>,(ROF)� �r ❑ Sales Agreement;,` ❑ Title Commitment ❑ Itemized Budget — includes closing costs based upon estimated closing date ❑ reviews setup and submits setup file to GLO who reviews and approves, or reviews and denies setup. ❑ schedules closing. Document Execution atClosing The following documents will be signed by the applicant at the time of agreement: 1. Agreement for Sale 2. Subrogation Agreement 3. At closing seller signs agreement to have all utilities disconnected within 7 days. City of Beaumont, Texas 24 Disaster Recovery Buyout Program Guidelines Disaster Recovery Voluntary Buyout Program Guidelines Subrogation Agreement Subrogation is the process by which duplicative assistance paid to the Property Owner after receiving an award is remitted to the Program to rectify a duplication of benefit. All applicable claims (including insurance payments, unpaidclaims, lawsuits, and settlements)paidto applicants not included in the original benefit determination calculation and/or received after their closing appointment, must be subrogated to the Program to prevent a duplication of benefits. Assignment Relation to Funds Received Under Program In consideration of the Property Owner's award of funds and the commitment by City of Beaumont to evaluate the Property Owner's application for the award of funds under the City of Beaumont Buyout Program, the Property Owner assigns to the Program all future rights to reimbursement and all payments received under any insurance policy, including but not limited to any type of casualty or property damage insurance (the Policies); any reimbursement or reliefprogram related to or administered by FEMA or the SBA for physical damage to the property (not including proceeds received to cover contents); any other assistance from non- profit organizations, faith based organizations, or disaster relief entities, and other governmental entities, that was the basis of the calculation of the Property Owner's award to the extent of the proceeds paid under the Program. The proceeds or payments from the above described duplicative assistance are referred to herein as "Proceeds." The rights the Property Owner assigns to the Program are specific to the Property with respect to.,which the Proceeds were paid. The Proceeds paid, as described in the Property, O.wneer's application with the Program, arise out of physical damage to the Property originally,causedbythefederallydeclared disaster, but also includes Proceeds received for damage to'the.Property caused -by any subsequent event that occurred (until the time of purchase of the,Property using Program funds). The Policies include, but are not limited to, policies characterized "as damage; flood, or ariyother type of casualty or property damage insurance coverage held.bythe Property Owner which provides coverage for physical damage to the Property. Once the Program has recovered ah. amount equal to the award proceeds, the City of Beaumont Buyout Program reassigns any rights assigned to The City of Beaumont pursuant to this Agreement tathe Property Owner. Cooperation and Further—Documeritation The Property Owner agrees -Io . assist and cooperate,with•Ciiy-of Beaumont should the City of Beaumont elect to pursue any of the'claims the Property Owner has against the insurers for reimbursement under any such Policies. The Property Owner's assistance and cooperation includes allowing suit to be brought in, the Property Owner's name(s), giving depositions, providing: documents,,producing`records_ hd other evidence, testifying at trial and any other form of;assistance-and; cooperation'reasonably requested by City of Beaumont. The Property assist and cobperate iri the: attainment and collection of any proceeds that Owner 'firtlieragrees to the Property.Owner would be entitled .to- under any applicable FEMA or SBA Programs. The Property Owrierlagrees to take necessary1. actions and to execute additional documents at City of Beaumont's.request to assign PropertyOwner's insurance policies to City of Beaumont, to the extent of theelQds granted to the Property Owner under the Program and/or the disaster relief funds from FEMA or SBA.:' { Authorization for Program:fo Contact Third Parties The Property Owner explicitly'allows the Program to request of any company with which the Property Owner held Policies or FEMA or SBA, any non-public or confidential information needed by the Program to monitor/enforce its interest in the rights assigned to it under the Consent and Release Agreement, and to give the Property Owner's consent to such company to release said information to the City of Beaumont Buyout Program. City of Beaumont, Texas 25 Disaster Recovery Buyout Program Guidelines Disaster Recovery Voluntary Buyout Program Guidelines Property After Closing Following closing, the City of Beaumont maintains copies of closing documents, including the recorded deed and title policy in the Planning Division. An agenda item is submitted to City Council to authorize responsibility for long-term property maintenance. The City of Beaumont is responsible for the maintenance and/or demolition of the residential structure and any outbuildings and proper disposition of the debris, in accordance with state and federal environmental laws, rules and regulations. The city will take ownership of the property and is responsible for ensuring the property title is deed restricted remaining public open space in perpetuity. A covenant will be placed on the property being acquired to maintain it as open space. Additionally, City of Beaumont will execute an interlocal agreement detailing the property maintenance requirements. The City of Beaumont maintains all buyout properties via its infrastructure division that has a maintenance department. The City of Beaumont Maintenance Department provides mowing, tree trimming, weed eating, and debris removal services. The City of Beaumont Police Department will evaluate the need for security patrol:'`,` , The City of Beaumont will include the maintenance of buyout properties as part of its annual internal monitoring. The City of Beaumont will provide the maintenance,schedule which will compare against the list of buyout properties to�ensure all properties are o'h-tlie.schedule as well as perform site visits to ensure all properties are beingmaintained-tostandards:..; Appeals •� 't� ,f '` � ` Grievance Policy/Procedure �•;'�`:�,� `;ti The City of Beaumont is responsible for`respo'nding'to.complaints and appeals in atimely and professional manner. A grievance and appeals procedui&will be afforded to applicants to provide a quick and efficient -system forresolution of concerns'or disputes that applicants may , have with the procedures ,followed; and services provided by'the City of Beaumont. The appeals procedure will include;both an informal and awrittefi grievanceprocess whichmay include but not be limited to informal hearings, .third -parry review.and director approval. City of Beaumont will keep a-record;of each c6mplairitbi appeal that''it 'receives to include all communications and their'resolutions° Complaints; alleging violation'offair housing laws will be directed to the U.S. Department of Housing and`Urban Devel6pment for immediate review (see Grievance and Appeal' ,policy). Corriplaints regarding fraud, waste, or abuse of government fonds -will be forwarded'to the HUD OIG Fraud Hotline;(phone: 1-800-347-3735 or email: hotline@hua6 'g gov). If an applicant disagrees with the city's decision, he or she can appeal to the Texas GLO.` ~ Complaints�� When a complaint or appeal'is r ceived, a representative. will respond to the complainant or appellant within fifteen (15) -business days where practicable. For expediency, the City of Beaumont shall utilize telephone communication as the primary method of contact; however, email and postmarked letters will be used as necessary. Responsibilities The City of Beaumont will identify staff within their program tasked with handling all homeowner inquiries. These staff will be responsible for (1) determining whether or not complaints and appeals relate to the business or authority of City of Beaumont, (2) ensuring that aresponse to all complaints and City of Beaumont, Texas 26 Disaster Recovery Buyout Program Guidelines Disaster Recovery Voluntary Buyout Program Guidelines appeals are within the appropriate time frame (a response must be provided within 15 working days ofthe receipt of the complaint), and (3) ushering all complaints and appeals through to a resolution. The City of Beaumont has a Grievance and Appeals policy that addresses handling incoming complaints, including a complaint escalation process in order to ensure that complaints are handled at the earliest stage in the process. Documentation Documentation for each complaint or appeal must be maintained. Each file must include the following: ❑ Contact information for the complainant; ❑ Initial complaint; f ❑ Address and assigned project number (ifapplicable); ❑ Any communications to and from complainant or appellant; = .. ti. . ❑ Results of the investigation, together with any notes,Aletters, or other; investigative documentation; ' ❑ The date the complaint or appeal was closed;'and`•._ .� ❑ Any other action taken. Affirmative Marketing/Fair/Housing The City of Beaumont shall ensure that no person`shall'on the ground,of race, color, national origin, religion, sex, sexual orientation, age, familial stafas; or disabilitybe'excludedfrom participation in, be denied the benefits of, or be subjected i&discriminatiori'under or be denied access to the CDBG Disaster Recovery Program. Marketing wi'll-o_ccur- an&referrals will be accepted through the City of Beaumont andin coordination with localnon-profit and community-based organizations. `I1reCity of Beaumont will take additional measures to affirmatively market the CDBG`Disaster'Recovery Program, as follows: 1. The City of Beaumont will make the program accessible to persons who are considered members: of a protected• class under the Fair Housing Act by holding informational meetings ih ,buildings that,ar&compliant�withthe Americans with Disabilities Act (ADA), provide sign language assistance when.requested, and provide special assistance for those who are:A'sually impairedwhen requested. 2. The City of Beaumont will make all efforts to communicate, both orally and in writing, in appropriate-Janguages to affected residents. 3. The City of Beaumont' provide reasonable accommodations as needed to make the program accessible to people with disabilities. 4. The City of Beaumont willretalndocumentation ofallmarketing measures used, including copies of all advertisements and announcements that will be available for public viewing upon request. 5. The City of Beaumont will use the Fair Housing logo in advertising, post Fair Housing posters and related information, and, in general, inform the public of its rights and obligations under Fair Housing regulations. The City of Beaumont will engage community members in the targeted buyout areas as well as those in potentially impacted, adjacent communities to gather stakeholder input, disseminate important program information, and to answer questions. See Community Engagement and Marketing Plan for further details. City of Beaumont, Texas 27 Disaster Recovery Buyout Program Guidelines Disaster Recovery Voluntary Buyout Program Guidelines Coordinated Housing Strategy The City of Beaumont's Buyout Program will strive to coordinate with partners across the city to mitigate the reduction of housing lost as result of buyouts with complimentary housing production including but not limited to the new construction and rehabilitation of replacement housing in areas of the City that provide access to work, school and social services, as well as proximity to transit. The goals established in other City of Beaumont Disaster Recovery programs will seek to provide an equal or greater amount of new or rehabilitated housing units to offset the number of homes removed from the city's housing stock as aresult of the buyout program. Compliance and Monitoring The City of Beaumont will establish a monitoring/oversight program to ensure that buyout assistance is being provided to eligible owners, for eligible properties, and receiving the proper assistance amounts. The city will also ensure that all properties are being added to the maintenance schedule and that all properties are being maintained to standard. Conflict of Interest No employee, agent, or officer, who exercises decision-making responsibility with respect to CDBG-DR funds and activities, is allowed to obtain a financial interest in or benefit from CDBG- DR activities, or have a financial interest in any contract, subcontract; or agreement regarding those activities or in the proceeds of the activities. The buyout program will establish safeguards to prohibit employees, officers, and agents from using their position for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for,tliemselves or others, particularly those with whom they have family, business, or other, ties. T h e `City of Beaumont may require disclosure of any potential conflict of interest to,the governing body. of the locality, to the recipient's legal counsel, and as otherwise maybe appropriate. - �. Section 3 The City of Beaumont will adhere to all Section 3 requirements'and will perforrri�regular monitoring of any required contractors aiid-,interlocal partners'and their contractors. Record Retention The buyout program will adhere to the record st ctef'of retention-- olicies of either The City of Beaumont, the State of Texas, or HUD for the use of G; CDBDR funds as required by the grant. -,, - All official records onprograms andyindividual activities shall be maintained for at least five -years beyond the closing of the grant between -the GLO.;aiid HUD. Applicant records may be maintained electronically. Closeout` J � � >� The City.:of Beaumont wiltensure records are complete, that all affordability requirements are adhered to, the city hasperforined`all subrogation monitoring processes. The city will create project an,d�grant closeout checklists that will be maintained with the project file. Anti- Fraud and.Complianc` Policies The City of Beaumont,will aggressively investigate all allegations of misconduct, fraud, waste or abuse regarding eligibility.,an'd , he disbursement of award amounts to applicants. City of Beaumont, Texas 28 Disaster Recovery Buyout Program Guidelines Disaster Recovery Voluntary Buyout Program Guidelines Contact Website: www.BeaumontTexas.gov Email: Adina.Josey_@BeaumontTexas.gov Phone Number: 409-880-3100 The provisions of the guidebook may be amended or exceptions granted from time to time, as determined and approved in writing by the Director ofthe City of Beaumont Planning and Community Development Department, by order ofthe City of Beaumont, and/or in accordance with the requirements dictated by the Texas General Land Office, or the U.S. Department of Housing and Urban Development. City of Beaumont, Texas 29 Disaster Recovery Buyout Program Guidelines • HII SASS 2022016902 STATE OF TEXAS COUNTY OF JEFFERSON AMENDMENT TO GRANT OF EASEMENT This Easement Amendment ("Amendment") made and entered into this l U day of Qr; 1 , 2022 ("Execution Date"),between the City of Beaumont ("Grantor"),a political subdivision of the State of Texas,and the Texas Historical Commission ("Grantee"), an agency of the State of Texas, in the property described-as the Jefferson Theatre ("Property"),located-at 345 Fannin-Street,- — — Beaumont,Texas, 77701. RECITALS Whereas, the parties to this Amendment entered into an agreement ("Easement") by which the Grantor granted and conveyed to Grantee an interest and easement in the Property, for the conservation and preservation of historic, architectural, archeological, or cultural values, of the nature and character and to the extent set forth in the Easement executed on the 21st of September, 2021; Whereas, Section 24 of the Easement specifies that the parties may by mutual agreement jointly amend this Easement,provided the amendment shall be consistent with the preservation purpose of this Easement and shall not reduce its term of duration; Whereas,there have been no amendments to the Easement since its execution; Whereas, the development grant funded through the Emergency Supplemental Historic Preservation Fund administered by the US Department of the Interior, National Park Service ("Program) required that the Grantor sign a Preservation Easement with Grantee with terms following the guidance in the HPF Grants manual, Chapter 6; Whereas,Modification/Amendment Number 004 to Grant Agreement Number P19AP00014 between the United States Department of the Interior National Park Service and Texas Historical Commission,issued April 28,2021, supplanted the HPF Grants Manual—Chapter 6 term of preservation covenant/easement guidance with the current competitive project grant guidance for term of preservation covenant/easement; Whereas, the parties desire to amend the Easement by revising its duration to address the changes in the Program's requirements for preservation covenant/easement terms; Now therefore,in consideration of the mutual promises and conditions contained hereunder and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AMENDMENT The Grantor and Grantee agree that the Easement is hereby modified and amended as follows: 1. Section 1: Grant is amended in its entirety with the language below: In consideration of the grant award to Grantor under the Program, Grantor hereby grants and conveys to Grantee an interest and Easement in the Property for the conservation and preservation of historic, architectural, archeological, or cultural values, of the nature and character and to the extent set forth in this Easement, to constitute a servitude upon the Property running with the land, for the benefit of and -enforceable by Grantee, to have and to-hold-the said interest and--Easement subject to - and limited by the provisions of this Easement, to and for Grantee's proper uses for a ten year term beginning on the date of execution of this Amendment. TERMS AND CONDITIONS The parties agree that except as hereby amended the terms and conditions of the Easement shall remain in full force and effect. ENTIRE AGREEMENT The Easement, as amended by this Amendment, contains the entire agreement of the parties hereto with respect to the subject matter hereof. Any representations,inducements, or agreements, oral or otherwise,between the Grantor and Grantee not contained in this Amendment shall not be of any force and effect. This Amendment may not be modified, changed or terminated,in whole or in part,in any manner other than by written consent of the Grantor and Grantee. f� I.- The undersigned certifies that I am duly authorized to execute this Amendment on my own behalf or on behalf of the Grantor listed below. IN WITNESS THEREOF, the Grantor and Grantee hereto have caused this instrument to be duly executed as of 4/201/ aQ , 202(. Grantor: City of Beaumont By: _ -- r2,-----, Chris Boone Interim-City Manager - - - - -- e STATE OF'TEXAS On this theday of ap/_ Q ,in the yearn,before me, a Notary Public in and for the State of Texas, C aim S Birtsen.i , known to me (or satisfactorily proven) to be the persons whose names are subscribed to the Amendment to the Grant of Easement acknowledged that they executed the same for the purposes therein contained. In witness whereof, I here unto set my hand and official seal. Alm a. ;ajj6) D--u,a6ovifi: Notary Public ��.i�P'fP 0� TINA GAIL BROUSSARD °;' <je Notary Public,State of Texas ='"+. ."* Comm.Expires 01-12-2023 '''hn... Notary ID 11435119 Grantee: Texas Historical Coma By: 4 Mark Wolfe Executive Director STALL. OF TEXAS On this the cX day of II\ ,in the year 6toaa,, before me, a Notary Public in and for the State of Texas, mc2VDc)q2.. , known to me (or satisfactorily proven) to be the persons whose names are subscribed to the Amendment to the Grant of Easement acknowledged that they executed the same for the purposes therein contained. In wi ess whereof; I here unto set my hand and official seal. No Pu 1 �,�' PAIGE NEUMANN i . Notary Public,State of Texas 1 Notary ID#128042072 I 1 ''►• '`'' My Commission Expires 04-21.2025 Notary without Bond .. • ratkrn--t0; - CITY OF BEAUMONT PO BOX 3827 BEAUMONT, TX 77704 _ . FILED AND RECORDED OFFICIAL PUBLIC RECORDS Laurie Leister, County Clerk . . Jefferson County,Texas May 13, 2022 01:29:19 PM FEE: $34.00 2022016902