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Item N05BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 19, 2009 Division: County Attorney Bulk Item: Yes XX No Star Contact Person: Pedro Mercado AGENDA ITEM WORDING: Approval of Resolution to extend the default date for the SHIP mortgage issued to Woods Corner to December 31, 2009. ITEM BACKGROUND: The County provided a construction loan for the purposes of building affordable housing units on Isiamorada. The mortgage was entered in to on July 23, 2007 with the Middle Keys Community Land Trust (MKCLT). The mortgage was due and payable on May 1, 2008. Monroe County and MKCLT agreed to allow for incremental repayment as the units were sold. MKCLT requires additional time to complete the sales of the units and pay off the construction loan. PREVIOUS RELEVANT BOCC ACTION: Approved a resolution at the May 21, 2008 BOCC meeting extending the due date on the loan to June 30, 2008. Approved subsequent resolutions extending the due date until July 31, 2008; November 30, 2008; January 31, 2009; March 31, 2009; May 31, 2009; August 31, 2009. CONTRACT/AGREEMENT CHANGES: Extends the due date on the loan from August 31, 2009 to December 31, 2009. STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: NIA BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: NIA SOURCE OF FUNDS: REVENUE PRODUCING: Yes o AMOUNT PER MONTH APPROVED BY: County Attp� OMB/Purchasing Risk Management DOCUMENTATION; Included XX Not Required DISPOSITION: Revised 2/05 AGENDA ITEM # Year RESOLUTION NO. -2009 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, EXTENDING THE DEFAULT DATE FOR THE SHIP MORTGAGE ISSUED FOR WOODS CORNER. WHEREAS, on July 23, 2007, the Board of County Commissioners of Monroe County (County), Florida, executed a SHIP construction mortgage in the amount of $315,000 with the Middle Keys Community Land Trust (MKCLT) for affordable housing at Woods Corner, Islamorada, Florida; and WHEREAS, the mortgage was due and payable on April 30, 2008; and WHEREAS, MKCLT has obtained certificates of occupancy on some of the units but is not prepared to write a check to the County for the amount of the construction loan; and WHEREAS, it is anticipated that SHIP mortgages will be executed for each unit purchase; and WHEREAS, the SHIP budget has some administrative monies budgeted which could be transferred through a companion resolution to cover the issuance of the individual purchase mortgages until the construction mortgage is satisfied through checks to be issued by MKCLT at each closing; and WHEREAS, it is necessary to extend the due date on the construction loan mortgage in the amount of $315,000 and recorded at OR Book 2310, Pages 1991 through 1995, or to find the mortgagor in default; and WHEREAS, the County has previously agreed to extend the due date on the construction loan; and WHEREAS, MKCLT needs additional time to complete the sales of the Woods Corner units or face default; NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida that: Section 1. The previously extended due date of August 31, 2009, of the $315,000 SHIP mortgage between the mortgagor Middle Keys Community Land Trust (MKCLT) and the mortgagee Monroe County (County) is hereby extended to December 31, 2009. Section 2. This resolution shall be effective as of August 31, 2009. Page 1 of 2 Pages Res Extend Due Date MKCLT SHIP Mtg On Woods Corner to 12/31/2009 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida., at a regular meeting of said Board held on the 19th day of August, 2009. Mayor George Neugent Mayor Pro Tem Sylvia Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario Di Gennaro (SEAL) Attest: DANNY L. KOLHAGE, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman 'AO ' DE UOUNTY�ATT ERiV PR ED AS T PEDRO J. Mz ASSISTANT COED i Y F;f l'C)i 6:VcY Date Page 2 of 2 Pages Res Extend Due Date MKCLT SHIP Mtg On Woods Corner to 12/31/2009 RESOLUTION NO. 204 -2009 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORAS EXTENDING THE DEFAULT DATE FOR THE SHIP MORTGAGE ISSUED FOR WOODS CORNER. WHEREAS, on July 23, 2007, the Board of County Commissioners of Monroe County (County), Florida, executed a SHIP construe CL mortgg� amble housing f $3 Woods Corn the Middle Keys Community Land Trust (MKT) Islamorada, Florida; and WHEREAS, the mortgage was due and payable on April 30, 2008; and WHEREAS, MKCLT has obtained certificates of occupancy on some of the units but is not prepared to write a check to the County for the amount of the construction loan; and WHEREAS, it is anticipated that SHIP mortgages will be executed for each unit purchase; and WHEREAS, the SHIP budget has some administrative monies budgeted which could be transferred through a companion resolution to cover the issuance of the individual purchase mortgages until the constriction mortgage is satisfied through checks to be issued by MKCLT at each closing; and WHEREAS, it is necessary to extend the due date on the construction loan mortgage in the amount of $315,000 and recorded at OR Book 2310, Pages 1991 through 1995, or to find the mortgagor in default; and WHEREAS, the County has previously agreed to extend the due date on the construction loan; and WHEREAS, MKCLT needs additional time to complete the sales of the Woods Comer units or face default; NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida that: Section 1. The previously extended due date of May 31, 2009, of the $315,000 SHIP mortgage between the mortgagor Middle Keys Community Land Trust (MKCLT) and the mortgagee Monroe County (County) is hereby extended to August 31, 2009- Section 2. This resolution shall be effective as of May 31, 2009. Page 1 of 2 Pages Res Extend Due Date MKCLT SHIP Mtg on Woods Comer to 8/31/2009 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of July, 2009. Mayor George Neugeat f Mayor Pro Tom Sylvia Murphy Yes Commissioner Kim Wigington Yes Commissioner Heather Carruthers Commissioner Mario Di Gennaro Yes N" A At DA�Ni�iY L. KOLHAGE, Clerk By: eputy Clerk en 2 w o. CD LJ aC C) ccCD } c�Laj w r.-7 C> .. Vw = Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: — Mayor/Chairman COUt+fiY TORNIf NEB AS; Page 2 of 2 Pages Res Extend Due Date MKCLT SHIP Mtn On Woods Comer to 8/31/2009 gT70RNY 4 2 Page 1 of 2 Peters -Katherine From: Peters -Katherine Sent: Thursday, July 30, 2009 1:13 PM To: Peters -Katherine; 'Marie Brouillette'; Hutton -Suzanne; Mercado -Pedro Subject: RE: Wood Comer- MKCLT Have drafted AIS/Resolution with extension to Dec. 31It for Pedro's review/stamp, etc. for placement on the August 19tn BOCC agenda. From: Peters -Katherine Sent: Thursday, July 30, 2009 12:05 PM To. 'Marie Brouillette; Hutton -Suzanne; Mercado -Pedro Subject: RE: Wood Corner - MKCLT Sorry, didn't see this yet. Want me to draft Resolution with extension to Dec. 311? From: Marie Brouillette [mailto:BrouilletteM@kwha.org] Sent: Thursday, July 30, 2009 11:34 AM To: Hutton -Suzanne; Mercado -Pedro Cc: Peters -Katherine Subject: RE: Wood Corner - MKCLT If I thought for a moment we could get money from them I would be the first to push for it but I know for a fact that they are broke. First State Bank is going to bridge the difference for the 41h purchaser between the sale of their property and a first mortgage. To be honest with you, I am just amazed he has found anyone at all. He owes First State more than us and since they are in first place we would end up loosing. If he can get them closed by December 315t, I will kiss the ground! If we can, let's ask the BOCC for December 3111 to be on the safe side and not have to bring this issue up ever again ,,,„„here's hoping. Marie From: Hutton -Suzanne [mailto:Hutton-Suzanne@Mon roeCounty-FL.Gov] Sent: Thursday, July 30, 2009 11:26 AM To: Marie Brouillette; Mercado -Pedro Cc: Peters -Katherine Subject: RE: Wood Corner - MKCLT Pedro is out until Monday, but the answer to your question is: yes, we should do a new resolution. Extend it to what date? Geez, we could try a year so we wouldn't have to keep extending it. But will the BOCC say enough is enough? Maybe they should just force MKCLT to pay up the rest. Suy4r".A qamoz County Attorney Monroe County PO Box 1026 Key West, R 33041-1026 305-292-3470 From: Marie Brouillette [mailto:BrouilletteM@kwha.org] Sent: Thursday, July 30, 2009 11:23 AM To: Mercado -Pedro; Hutton -Suzanne Cc: Peters -Katherine Subject: Wood Corner - MKCLT 7/30/2009 Wage 2 of 2 Pedro, Attached is the resolution extending the MKCI_T construction loan to August 31, 2009. Of the 4 remaining units, 1 closed this week, a second will close next week. The 31d unit does not look favorable since this applicant did not go with Bank of America who has already approved the project so their primary mortgage company might kick the loan back because of the leasehold. The 4th unit is unfortunately tied up with the sale of the purchasers' primary residence and until they close on that unit they cannot purchase this one. Should we request another extension to October 31st at the August 19th meeting? The clerk's office can only issue SHIP checks for this project if there is a resolution extending the construction loan and I don't want to get caught with a good sale that can't close because we don't have the extension in place.' Thank you. Marie From; Pam Hancock [mailto:phancock@monroe-clerk.com] Sent: Thursday, .duly 30, 2009 11:09 AM To: Marie Brouillette Cc: Kathy Peters; Laura Deloach - Hartle Subject: Resolution 204-2009 Attached is the above -mentioned Resolution that was adopted by the BOCC at the July 15th meeting. A certified copy of the Resolution is in my office for you to pick up. 7/30/2009