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Resolution 145-2012 RESOLUTION NO. 145 , 2012 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING HABITAT FOR HUMANITY OF KEY WEST AND THE LOWER KEYS, INC. (HABITAT) TO ASSUME A MONROE COUNTY STATE HOUSING INITIATIVES PROGRAM (SHIP) SECOND MORTGAGE LOAN AND A TEMPORARY EXCEPTION TO THE MONROE COUNTY SHIP HOMEBUYER ASSISTANCE LOAN DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ms. Stephanie M. Kaple (Owner), a SHIP Program participant, purchased a condominium unit located at 1830 Fogarty Avenue, Unit #2, Key West, Florida in the amount of $247,500 on March 30, 2007 and obtained a Monroe County SHIP Second Mortgage in the amount of $45,000; and WHEREAS, the Owner's housing unit suffered fire damage on June 28, 2011 as a result of a fire in the unit above her; and WHEREAS, the Owner settled with the insurance company and received checks on August 12, 2011 for personal property damage totaling $14,363.69 and building damage totaling $31,500.00; and WHEREAS, the Owner executed a short sale contract on November 9, 2011 with Habitat for Humanity of Key West and the Lower Keys, Inc. (Habitat) for $95,000.00; and WHEREAS, Iberiabank was requested to approve the short sale contract which they did on April 12, 2012; and WHEREAS, the Owner's real estate agent notified the Monroe County SHIP Program staff regarding the fire, insurance settlement, short sale contract and Iberiabank approved short sale on April 11, 2012; and WHEREAS, Habitat has agreed to assume the Monroe County SHIP $45,000.00 second mortgage; and WHEREAS, Habitat acquired six of the seven condominium units for the purpose of ultimately selling them to income eligible applicants; and WHEREAS, Habitat has already sold two units to income eligible applicants (80% of median income) and intends to sell the Kaple unit upon completion of the condominium common elements and interior renovations; and WHEREAS, there may be a period of time where Habitat is the owner of the condominium located at 1830 Fogarty Avenue, Unit #2, Key West, Florida, until the unit is sold; and • w WHEREAS, the Monroe County SHIP Homebuyer Assistance Loan requires the borrower to reside in the property. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County Florida, that the County hereby: Approves the assumption of the Monroe County SHIP Second Mortgage loan in the amount of $45,000 as permitted under Resolution No. 234 -2011 and hereby authorizes a temporary exception to the Monroe County SHIP Homebuyer Assistance Loan documents permitting Habitat to own the unit located at 1830 Fogarty, Unit #2, Key West, FL. while not occupying it as a homeowner until the sale of the unit to an income eligible purchaser is concluded. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board on the 16 day of May, 2012. Mayor David Rice Yes Mayor Pro Tem Kim Wigington Yes Commissioner Heather Carruthers Yes ,:. _ _-. Commissioner George Nugent Yes ,-' Commissioner Sylvia Murphy Yes SEAL: ATTEST: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA / / /r B / BY: Deputy Clerk Mayor David Rice Approved as to legal sufficiency: Date: MON c a " • UN ATT• RNEY ? PEDR• A . • 1 COUN r ATT NE Date S ! f Z- 3 0 `� cJ; ,v j r te` . N -V a CA ; v o