Loading...
Item M1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 21, 2006 Division: Monroe County Housing Authority Bulk Item: Yes X No Department: Special Programs Office AGENDA ITEM WORDING: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA APPROVING THE ASSIGNMENT AND ASSUMPTION OF MORTGAGES FROM MONROE COUNTY TO HABITAT FOR HUMANITY OF THE UPPER KEYS, INC. TO ELIGIBLE BUYERS (2). ITEM BACKGROUND: Habitat for Humanity of the Upper Keys, Inc. secured funding from the Monroe County SHIP Program Homebuyer Assistance Strategy for the construction of two detached single-family homes in Ocean Isles Estates, Key Largo. Each property is subject to a Monroe County SHIP mortgage in the sum of $45,000.00. Habitat for Humanity has completed construction and now requests assignment and assumption of said mortgages to buyer as provided for in the Monroe County Housing Assistance Plan. PREVIOUS RELEVANT BOCC ACTION: Approval of Resolution 157-2004 approving the Monroe County Local Housing Assistance Plan (LHAP) that provides for the SHIP Homebuyer Assistance Strategy to provide loans to non-profit affordable housing development organizations for the construction of affordable housing. The strategy provides that said loans (mortgages) may be assumed by qualified buyers subject to approval. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval TOTAL COST: COST TO COUNTY: $-0- $-0- BUDGETED: Yes No_X SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No x AMOUNT PER: Month Year APPROVED BY: County Atty._ Risk Management _ DIVISION DIRECTOR APPROVAL: 1. anuel Castillo, Sr., Executive Director Monroe County Housing Authority DOCUMENTATION: Included X To Follow Not Required_ DISPOSITION: AGENDA ITEM # RESOLUTION - 2006 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING THE ASSIGNMENT AND ASSUMPTION OF MORTGAGES FROM MONROE COUNTY TO HABITAT FOR HUMANITY OF THE UPPER KEYS, INC. TO ELIGIBLE BUYERS (2) WHEREAS, Monroe County has provided Habitat for Humanity of the Upper Keys, Inc. funding in the aggregate sum $90,000.00 for the purpose of providing partial funding for the construction of two detached single family affordable homeownership units through the Monroe County State Housing Initiatives Partnership (SHIP) Program, Homebuyer Assistance Strategy, and; WHEREAS, Monroe County holds a mortgage interest in each of the two subject properties for the amount of the public funds, and; WHEREAS, a condition of said mortgage is that the mortgage is assumable to qualified buyers, subject to written approval of the Monroe County Board of County Commissioners, and; WHEREAS, Habitat for Humanity of the Upper Keys, Inc. has completed construction of the subject properties and has identified buyers for each unit. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County, Florida, that the County hereby: 1.) Approve the assignment and assumption of mortgages from Monroe County to Habitat for Humanity of the Upper Keys, Inc. using the instruments attached hereto as Exhibits A and B for the following eligible buyers: Deborah Santos, Lot 2, Block 2, Ocean Isles Estates Shauna Gionfriddo, Lot 3, Block 2, Ocean Isles Estates 2.) Designate Thomas Willi, County Administrator, or his designee to execute the assignment and assumption documents described above. PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting on said Board on the _ day of , A.D., 2006 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor McCoy Commissioner Patton Commissioner Neugent Commissioner McCoy Commissioner Rice By: Mayor Charles "Sonny" McCoy SEAL ATTEST: Approved as to form and legal sufficiency: <-iwtQA^,"",,~..f.c...... 7u-J~~--d Date: Sf ~~ (': )-OCJ~ Exhibit A This Document Prepared By: Special Programs Office Monroe County Housiog Authority 1400 KeIUledy Drive Key West, FLorida 33040 MORTGAGE ASSIGNMENT AND ASSUMPTION THIS AGREEMENT, made and entered into this _ day of 2006, by and between, MONROE COUNTY (hereinafter referred to as "Mortgagor"), and DEBORAH SANTOS (hereinafter referred to as "Buyer"); WITNESSETH: WHEREAS, Mortgagor is the owner of real property located at 21 North End Drive, Key Largo, Florida, and more particularly described as: Lot 2, Block 2, Ocean Isles Estates according to the plat thereof as recorded in Plat Book 5, Page 14 of the Public Reco/'ds of Monroe County, Florida WHEREAS, Monroe County is the owner and holder of a certain Mortgage dated _ day of , 2006, and recorded on _ day of , 2006, in Book , Page in the Official Records of Monroe County, Florida; Said Mortgage encumbers the real property described above; and WHEREAS, Mortgagor and Buyer have entered into a sell/purchase agreement for said real property; and WHEREAS, Mortgagor and Buyer wish to transfer the mortgage as part of the purchase Plice; as WHEREAS, all parties are desirous of the assignment and assumption of said mortgage and Note; NOW THEREFORE; 1. TIle recitals contained herein are true and correct. 2. The Mortgagee (Monroe County) agrees that said Mortgage and Promissory Note may be assigned by the Mortgagor and assumed by the Buyer. 3. The principal balance under the Note and Mortgage IS FORTY-FIVE THOUSAND DOLLARS AND NO CENTS ($45.000.00). 4. The Mortgagor hereby transfers and assigns the Buyer all of his obligations and liabilities provided in the Note and Mortgage documents, which documents are recorded at OR Book ---' Page _, Monroe County, Florida. 5. The Buyer does hereby expressly assume and agree to pay the aforementioned unpaid indebtedness as of the date above. The principal and interest shall be payable in accordance with the Promissory Note, and Buyer shall be perso!1ally liable therefore as fully and to the same extent as though he was the original maker of said Note and Mortgage. 6. The property hereinabove described shall remain subject to the lien, charge and encumbrance of said original mortgage and nothing herein contained or done pursuant hereto shall in any manner or way affect, alter or modify any of terms and conditions of said original mortgage, except as herein expressly changed and modified. Page 2 of3 Exhibit A 7. This Agreement applies to and insures to the benefit of and binds all parties hereto and their respective heirs, administrators, executors, successors and assigns. 8. All other tenns and conditions of said Mortgage and Note are hereby ratified and reaffinned and shall remain in full force and effect, except as modified by this Agreement, and nothing contained herein shall in any way impair the security now held for the said indebtedness. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _ day of , 2006. Witnesses: MORTGAGOR: By: Signature of Witness Inc. Habitat for Humanity, Upper Keys, Printed Name of Witness Witness: Signature of Witness Printed Name of Witness Attest: MORTGAGEE: By: Momoe County Clerk of Court By: Monroe County Witnesses: BUYER(S): Signature of Witness By: Deborah Santos Printed Name of Witness Witness: Signature of Witness Printed Name of Witness MONROE COUNTY ATTORNEY APPROV, D AS T? FOAM: & ~1-ct; Exhibit A Page 3 of4 NOTARY PAGE OF MORTGAGE ASSIGNMENT AND ASSUMPTION STATE OF FLORIDA COUNTY OF MONROE BEFORE ME, the undersigned authority, personally appeared, of to me well known, and Agreement for the purposes therein expressed. WITNESS my hand and seal this _ day of ,2006. My Commission Expires: Notary Public Signature (SEAL) Printed Name ofNolary STATE OF FLORIDA COUNTY OF MONROE BEFORE ME, the undersigned authority, personally appeared, of to me well known, and Agreement for the purposes therein expressed. WITNESS my hand and seal this _ day of ,2006. My Commission Expires: Notary Public Signature (SEAL) Printed Name of Notary STATE OF FLORIDA COUNTY OF MONROE BEFORE ME, the undersigned authority, personally appeared, of to me well known, and Agreement for the purposes therein expressed. WITNESS my hand and seal this _ day of ,2006. My Commission Expires: Notary Public Signature (SEAL) Printed Name of Notary THIS PROMISSORY NOTE IS GIVEN TO MONROE COUNTY AND IS EXEMPT FROM TAXATION PURSUANT TO FLORIDA STATUES 199,183. PROMISSORY NOTE COUNTY OF MONROE SHIP LOAN Date May -----' 2006 Property Address City, State Key Largo Florida 23 North End Drive City Key Largo State Florida Zip Code 33037 I. BORROWER'S PROMISE TO PAY We, Habitat For Humanity Of The Upper Keys, Inc., (the "Borrower"), promise to pay Forty Five Thousand Dollars and No Cents ($45,000.00) (this amount will be called "principal") to the order of the County Of Monroe, as agency and instrumentality of the State of Florida, whose address is Monroe County Courthouse, 500 Whitehead Street, Key West, Florida 33040 (the "Lender,") or to any other holder ofthis Note. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the ''Note Holder." 2. INTEREST Interest on this Note shall be zero percent (0%) per annum; except that if I fail to pay this Note as required. The interest rate shall be twelve percent (12%) per annum from the date when payment of this Note is due until I pay it in full. 3. PAYMENTS Principal payments shall be deferred for the term of the first mortgage loan or until the May -' 2036. In the event that I sell, transfer, or rent my home or refinance or satisfy the first mortgage loan, I agree to pay immediately the entire sum due under this Note. My total payment shall be Forty Five Thousand Dollars and No Cents ($45,000.00) I will make my payment at Lender's address as stated in Section I above or at a different place if required by the Note Holder. 4. BORROWER'S PAYMENT BEFORE THEY ARE DUE I have the right to make payment in full on this Note at any time before it is due. Such payment is known as a "full payment." No partial prepayments can be made at any time on the principal of the loan. When I make full prepayment, I will tell the Note Holder in a letter that I am doing so. 5. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Default If I do not pay the full amount as required in Section 3 above, I will be in default. If I am in default, the Note Holder may bring about any actions not prohibited by applicable law and require me to pay Holder's cost and expenses as described in (B) below. (B) Payment of Note Holder's Costs and Expenses If the Note Holder takes such actions as described above, the Note Holder will have the right to be paid back for all of its cost and expenses, including but not limited to reasonable attorney's fees. 6. THIS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note Holder under this Note, a Mortgage, dated May _, 2006, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Note. That Mortgage describes how and under what conditions I may be required to make immediate payment in full of all amounts that I owe under this Note. 7. BORROWER'S WAIVER I waive my rights to require the Note Holder to do certain things. Those things are: (A) to demand payment of amount due (known as "presentment"); (B) to give notice that amounts have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of C:\Documents and Sottings\mincr-debra\Local SettingslTcmporary Inlernet Files\OLKAO\Nole .nd Mortgage 23 North End,do.Page [ nonpayment (known as a "protest.") Any co-signer, guarantor, surety or endorser who agrees to keep the promises I have made in this Note by signing this Note or by executing a separate agreement to make payments to the Note Holder ifI fail to keep my promises under this Note also waives these rights. 8. GIVING OF NOTICES Any notice that must be given to me under this Note will be given by delivering it or by mailing it by certified or registered mail, postage prepaid, addressed to me at the Property address above. A notice will be mailed to the Note Holder at a different address if I am given a notice of that different address. 9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each of us is fully and personally obligated to pay the full amount owed and to keep all of the premises made in this Note. Any guarantor, surety or endorser of this Note (as described in Section 7 above) is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us individually or against all of us together any may enforce its rights against any of us in any order. This means that anyone of us may be required to pay all of the amounts owed under this Note. 1 O. PRINCIPAL PAYMENT Lender shall give the Borrower the right to negotiate a repayment schedule for 90 days after the last payment is due on the First Mortgage for all sums secured by this mortgage that have been deferred. The terms and conditions of the repayment schedule negotiated after the last payment. is due on the First Mortgage shall provide for a below market interest rate, a term for up to thirty (31) years, a principal and interest payment and such payment of principal and interest when combined with real estate taxes and property insurance shall not exceed twenty five percent (25%) of the household income. NOTICE TO BORROWER DO NOT SIGN THIS NOTE IF IT CONTAINS BLANK SPACES. ALL SPACES SHOULD BE COMPLETED BEFORE YOU SIGN. BORROWER, Habitat for Humanity ofthe Upper Keys, Inc. Date (SIGN ORIGINAL ONLY) THIS PROMISSORY NOTE IS GIVEN TO MONROE COUNTY AND IS EXEMPT FROM TAXATION PURSUANT TO FLORIDA STATUES 199.183. C:\Oacurnents nnd Scningslminer.debmlLoeal Seltings\Tempomty Internet Filcs\OLKAOlNale and Martgnge 23 Narth End.daePage 2 THIS MORTGAGE IS GIVEN TO MONROE COUNTY AND IS SUBJECT TO PAYMENT OF DOCUMENTARY STAMP TAXATION PURSUANT TO FLORIDA STATUE 420.513 THIS IS A BALLOON MORTGAGE WHERE THE PRINCIPAL BALANCE DUE UPON MATURITY IS $45,000.00, TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGE UNDER THE TERMS OF THIS SECOND MORTGAGE. SECOND MORTGAGE COUNTY OF MONROE SHIP PROGRAM THIS SECOND MORTGAGE is made this May . 2006, between the Mortgagor, Habitat For Humanity Of The Upper Keys, Inc., a Florida Corporation, (herein the "Borrower,") and the Mortgagee, the County Of Monroe, an agency and instrumentality of the State of Florida, whose address is Monroe County Courthouse, 500 Whitehead Street, Key West, Florida 33040 (herein the "Lender.") WHEREAS, the Borrower has applied to the County of Monroe Special Programs Office for a State Housing Initiatives Partnership (SHIP) Program loan in the original principal amount of Forty Five Thousand Dollars and No Cents ($45,000.00) the "Loan," the Borrower along intends construct for the benefit of very low and low income households the Property (as defined herein,) which Property is a single-family residence, and; WHEREAS, the Borrower is indebted to Lender in the principal sum of Forty Five Thousand Dollars and No Cents ($45,000.00), which indebtedness is evidenced by the Borrower's Promissory Note dated May _, 2006 and extensions and renewals thereof (herein "Note,") providing for payment of principal indebtedness if not sooner paid, due and payable on May -----.:> 2036. TO SECURE to the Lender the repayment of the indebtedness evidenced by the Note: the payment of all other sums, advanced in accordance herewith to . protect the security of this Mortgage: and the performance of the covenants and agreements of the Borrower herein contained the Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County of Monroe, State of Florida: Lot 3, Block 2, Ocean Isles Estates according to the Plat thereof as recorded in Plat Book 5, Page 14 of the Public Records of Monroe County, Florida Which has the address of 23 North End Drive (Street) Kev Lan!O. (City) Florida 33037 (State) (Zip Code) (herein the "Property Address:") TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, and rents all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate ifthis Mortgage is on a leasehold) are hereinafter referred to as the "Property." This instrument was prepared by: Special Programs Office 1400 Kennedy Drive Key West, FL 33040 (305) 292-1221 C:\Dooumonts and Setlingslrainer.debralLocal Selliogs\Tcmporary Internet Files\OLKAO\Note aod Mortgage 23 North End.docPage ] BORROWER COVENANTS, represents and warrants to the Lender and its successors and assigns that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and the Property is unencumbered, except for the mortgage lien of the First Mortgage in favor of Participant, and for other encumbrances of record. Borrower covenants, represents and wan-ants to the Lender and its successors and assigns that Borrower will defend generally the title to the Property against all claims and demands, subject to the mortgage lien of the First Mortgage and other encumbrances of record. BORROWER FURTHER COVENANTS and agrees with the Lender as follows: 1. Payment. The Borrower shall promptly pay when due the indebtedness evidenced by the Note. 2. Prior Morhml!es and Deeds of Trust; Chan.!es; Liens. Lender and Borrower acknowledge and agree that this Mortgage is subject and subordinate in all respects to the liens, terms, covenants and conditions of the First Mortgage and to all advances heretofore made. The Borrower shall perform all of the Borrower's obligations under the First Mortgage and any other mortgage, deed of trust or other security agreement with a lien that has priority over this Mortgage, including the Borrower's covenants to make payments when due. The Borrower shall payor cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property that may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 3. Hazard Insurance. The Borrower shall keep the improvements now existing 01' hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as the Lender may require and in such amounts and for such period as the Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by the Lender, orovided that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to the Lender and shall include a standard mortgage clause in favor of, and in a form acceptable to the Lender. The Lender shall have the right to hold the policies and renewals thereof, subject to the terms of the First Mortgage and any other mortgage, deed of trust or other security agreement with a lien that has priority over this Mortgage. In the event of loss, the Borrower shall give prompt notice to the insurance carrier and to the Lender. The Lender may make proof of loss if not made promptly by the Borrower. If the Property is abandoned by the Borrower, or if the Borrower fails to respond to the Lender within thirty (31) days from the date notice mailed by the Lender to the Bon-ower that the insurance carrier offers to settle a claim for insurance benefits, the Lender is authorized to collect and apply the insurance proceeds at the Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 4. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. The Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is subject to a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, the Borrower shall perfonn all of the Borrower's obligations under the declaration or covenants creating or governing such condominium or planned unit development, the by-raws and regulations of the condominium or planned unit development, and constituent documents. 5. Protection of Lender's Security. If the Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced that materially affects the Lender's interest in the Property. Then the Lender, at the Lender's option upon notice to the Borrower, may make such appearances, disburse such sums, including reasonable attorney's fees, and take such action as is necessary to protect the Lender's interest in the Property. Any amounts disbursed by the Lender pursuant to this Paragraph 5, with interest thereon, at the rate of twelve percent (12%) per annum, shall become additional indebtedness of the Borrower secured by this Mortgage. Unless the Borrower and the Lender agree to other terms of payment, such amounts shall be payable upon notice from the Lender to C:\Documents ond Sellingslrainer.debrn\Loeol SeningslTempoml)' Internel FileslOLKAOlNote olld Mortgage23 North End.docPage 2 the Borrower requesting payment thereof Nothing contained in this Paragraph 5 shall require the Lender to incur any expense or take any action hereunder. 6. Inspection. The Lender may make or cause to be made reasonable entries upon the inspections of the Property, provided that the Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor to the Lender's interest in the Property. 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to the Lender, subject to the tenus of any mortgage, deed of trust or to the security agreement with a lien that has priority over this Mortgage. 8. Borrower Not Released; Forbearance bv Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this MOligage granted by the Lender to any successor in interest of the Borrower shall not operate to release, in a manner, the liability of the original Borrower and the Borrower's successors in interest. The Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modifY amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and the Borrower's successors in interest. Any forbearance by the Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 9. Successors and Assie:ns Bound; Joint and Several Liability; Co-Sie:ners. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns for the Lender and the Borrower, subject to the provisions of Paragraph 14 hereof If more than one Borrower executes this Mortgage, all covenants, representations, warranties and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note: (a) is co-signing this Mortgage only to mortgage. Grant and convey that Borrower's interest in the Property to the Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modifY, forbear, or make any other accommodations with regard to the tenus of this Mortgage or the Note without the Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 10. Notice. Except for any notice required under applicable law to be given in another manner: (a) any notice of the Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified or registered mail, postage prepaid, addressed to the Borrower at the Property Address or at such other address as the Borrower may designate by notice to the Lender as provided herein, and (b) any notice to the Lender and/or the Federal National Mortgage Association ("Fannie Mae") shall be given by certified or registered mail, postage prepaid, and if to the Lender at the Lender's address stated on page I hereof with a copy to Servicer, if to Fannie Mae, addressed to 950 East Paces Ferry Road, Atlanta, Georgia 31326, Attention: Loan Administration, or to such other address as the Lender may designate by notice to the Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to the Borrower or the Lender when given in the manner designated herein. 11. Governine: Law; Severability: Costs. This Mortgage shall be governed by the'laws of the State of Florida, and, to the extent applicable hereto, the laws and regulations of the United States of America. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict provision, and to this and the provisions of this Mortgage or the Note that can be given effect without the conflicting provision, and to this and the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses," and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. ]2. Borrower's COpy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. C:lDoeument. ""d Seltingslrniner-debmlLoe"l SettingslTempoml)' Intemel FileslOlKADlNotc and MOl1gage 23 North End.doePage 3 13. Rehabilitation Loan Aereement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement that Borrower enters into with the Participant, the Lender, at the Lender's option, may require Borrower to execute and deliver to the Lender, in a form acceptable to the Lender, as assignment of any rights, claims or defenses that Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 14. Transfer of the Property. If all or any part of the Property or any interest in it is sold, transferred, gifted or otherwise conveyed, whether by voluntary act, involuntarily, by operation of law or otherwise, or if the Borrower is divested of title by judicial sale, levy or other proceeding, or if foreclosure action is instituted against the Property, or if the First Mortgage is satisfied or refinanced, or if the Property is leased or rented, all sums secured by this Mortgage may immediately become due and payable. This mortgage shall be assumable only by an individual who has qualified in accordance with Florida Statue 420.907-420.9079, Florida Administrative Rule, Chapter 67-37 and Monroe County's approved SHIP Local Housing Assistance Plan, under which tlus mortgage was issued. Any assignment by the lender or assumption by a third party must be in writing and approved by the Monroe County Board of County Commissioners as evidenced by the Mayor or Mayor pro tem's execution. The assignment of mortgage must be recorded in the Official Records of Monroe County. In the event of an assignment and assumption, all conditions and requirements placed upon the original borrower by this document or a promissory note are binding on the assignees. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than thirty (31) days from the date the notice is given provided in Paragraph 10 hereof within which the Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, the Lender may invoke any remedies permitted by this Mortgage without further notice or demand on the Borrower. 15. Acceleration: Remedies. Except as provided in Paragraph 14 hereof, upon the Borrower's breach of any covenant or agreement of the Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, or in the event that the Borrower shall have made material misrepresentations or material omissions in hislher/their application for a SHIP Loan, the Lender, at the Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Prior to taking any defaults action including acceleration of this Mortgage, the Lender shall give notice to the Senior Lien Holder and to the Borrower as provided in Paragraph 10 hereof specifying (1) the breach (if the breach is curable; (2) the action required to cure such breach; (3) a date, not less than ten (10) days form the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The nbtice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defensive of Borrower to acceleration and foreclosure. The Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees, court costs, and costs of documentary evidence, abstracts and title reports. 16. Borrower's Rieht to Reinstate. Notwithstanding the Lender's acceleration ofthe sums secured by this Mortgage due to the Borrower's breach, the Borrower shall have the right to have any proceedings begun by the Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) the Borrower pays the Lender all sums that would be then due under this Mortgage and the Note had no acceleration occurred; (b) the Borrower cures all breaches of any other covenants or agreements of the Borrower contained in this Mortgage; (c) the Borrower pays all reasonable expenses incurred by the Lender in enforcing the covenants and agreements of the Borrower contained in this Mortgage, and in enforcing the Lender's remedies as provided in Paragraph 15 hereof, including, but not limited to, reasonable attorneys' fees and court costs; and (d) the Borrower takes such action as the Lender may reasonably require to assure that the lien of this Mortgage, the Lender's interest in the Property and the Borrower's obligation to pay the sums secured by this Mortgage shall continue C:\Doeumcnts and Scltings\rnincr-dcbra\Loeal SCltings\Tcmporal}' Internet Files\OLKAOlNote and Mortgage 23 North End.doePage 4 unimpaired. Upon such payment and cure by the Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 17. Assie:nment of Rents: Appointment of Receiver. As additional security hereunder, the Borrower hereby assigns to the Lender the rents of the Property, provided that the Borrower shall, prior to acceleration under Paragraph 15 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under Paragraph IS hereof or abandonment of the Property, the Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to the payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sum secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 18. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 19. Attornevs' Fees. As used in this Mortgage and in the Note, "attorneys' fees" shall include attorneys' fees, if any, incurred in connection with the collection or enforcement of this Mortgage or of the Note, whether or not suit is brought and whether incurred at trial, on appeal, in bankruptcy proceedings or otherwise. 20. Special SHIP Proe:ram Covenants. Representations. The Borrower covenants, represents, and warrants to the Lender that; (a) the Borrower along with hislherltheirl family, intends to reside as a household in the Property; (b) the Property is a single-family residence; (c) the Borrower's total annual family income at the time of its application for the Loan did not exceed the income limit by family size for eligibility to participate in the SHIP Program, (d) at least three percent (3%) of the required five percent (5%) down payment must be paid by the Borrower from his or her own resources. 21. Principal Payment. Lender shall give the Borrower the right to negotiate a repayment schedule for 90 days after the last payment is due on the First Mortgage for all sums secured by this Mortgage that have been deferred. The terms and conditions of the repayment schedule negotiated after the last payment is due on the First Mortgage shall provide for a below market interest rate, a term for up to thirty (31) years, a principal and interest not to exceed the original First Mortgage principal and interest payment and such payment of principal and interest when combined with real-estate taxes and property insurance shall not exceed twenty five percent (25%) of the household income. IN WITNESS WHEREOF, the Borrower has executed this Mortgage. C:\Documcnt. and Soningslrainer-deb",\l.ocal Sottings\Tcmpo",TY Inlernet PileslOLKAOlNole ond Mung.go 23 Nortb End.docPage 5 NOTICE TO BORROWER DO NOT SIGN THIS MORTGAGE IF IT CONTAINS BLANK SPACES. ALL SPACES SHOULD BE COMPLETED BEFORE YOU SIGN. THIS IS A BALLOON MORTGAGE WHERE THE PRINCIPAL BALANCE DUE UPON MATURITY IS $45,000.00, TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THIS SECOND MORTGAGE. Signed, sealed, and delivered in the presence of: Witness Signature Printed Name: Borrower Address: Witness Signature Name: Witness Signature Printed Name: Borrower Address: Witness Signature Name: STATE OF FLORIDA COUNTY OF MONROE The foregoing was acknowledged before me this day of 2006 by , who is personally known to me or who has produced a valid driver license as identification and who did not take an oath. Notary Signature SEAL Printed Name: Commission Number: My Commission Expires: THIS MORTGAGE IS GIVEN TO MONROE COUNTY AND IS SUBJECT TO PAYMENT OF DOCUMENTARY STAMP TAXATION PURSUANT TO FLORIDA STATUE 420.513 C:IDocumcots .od Sel1iogslmioer.debrolu,c.1 Sel1iogslTcmpomry mteroel Files\OLKAOINote nnd Mortg.gc23 North Eod.docPage 6 Exhibit B This Document Prepared By: Special Programs Office Monroe County Housing Authority 1400 Kennedy Drive Key West, Florida 33040 MORTGAGE ASSIGNMENT AND ASSUMPTION THIS AGREEMENT, made and entered into this _ day of 2006, by and between MONROE COUNTY (hereinafter referred to as "Mortgagor"), and SHAUNA GIONFRIDDO and (hereinafter referred to as "Buyer"); WITNESSETH: WHEREAS, Mortgagor is the owner of real property located at 23 North End Drive, Key Largo, Florida, and more particularly described as: Lot 3, Block 2, Ocean Isles Estates according to the plat thereof as recorded in Plat Book 5, Page 14 of the Public RecOI"ds of Monroe County, Florida WHEREAS, Monroe County is the owner and holder of a certain Mortgage dated _ day of , 2006, and recorded on _ day of , 2006, in Book , Page in the Official Records of Monroe County, Florida; Said Mortgage encumbers the real property described above; and WHEREAS, Mortgagor and Buyer have entered into a sell/purchase agreement for said real property; and WHEREAS, Mortgagor and Buyer wish to transfer the mortgage as part of the purchase pnce; as WHEREAS, all parties are desirous of the assignment and assumption of said mortgage and Note; NOW THEREFORE; 1. The recitals contained herein are true and correct. 2. The Mortgagee (Monroe County) agrees that said Mortgage and Promissory Note may be assigned by the Mortgagor and assumed by the Buyer. 3. The principal balance under the Note and Mortgage IS FORTY-FIVE THOUSAND DOLLARS AND NO CENTS ($45.000.00). 4. The Mortgagor hereby transfers and assigns the Buyer all of his obligations and liabilities provided in the Note and Mortgage documents, which documents are recorded at OR Book _' Page _, Monroe County, Florida. 5. The Buyer does hereby expressly assume and agree to pay the aforementioned unpaid indebtedness as of the date above. The principal and interest shall be payable in accordance with the Promissory Note, and Buyer shall be personally liable therefore as fully and to the same extent as though he was the original maker of said Note and Mortgage. 6. The property hereinabove described shall remain subject to the lien, charge and encumbrance of said original mortgage and nothing herein contained or done pursuant hereto shall in any manner or way affect, alter or modify any of terms and conditions of said original mortgage, except as herein expressly changed and modified. Page 2 of3 Exhibit B 7. This Agreement applies to and insures to the benefit of and binds all parties hereto and their respective heirs, administrators, executors, successors and assigns. 8. All other terms and conditions of said Mortgage and Note are hereby ratified and reaffirmed and shall remain in full force and effect, except as modified by this Agreement, and nothing contained herein shall in any way impair the security now held for the said indebtedness. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _ day of , 2006. Witnesses: MORTGAGOR: By: Habitat for Humanity, Upper Keys, Inc. Signature of Witness Printed Name of Witness Witness: Signature of Witness Printed Name of Witness Attest: MORTGAGEE: By: Monroe County Clerk of Court By: Monroe County Witnesses: BUYER(S): Signature of Witness By: Shauna Gionfriddo Printed Name of Witness Witness: Signature of Witness Printed Name of Witness MONROE COUNTY ATTORNEY ~s TO FO~M; GU~l, . ~~, ASSISTANT COUNTY ATTORNEY ~ (p I oLe>a6 Exhibit B Page 3 of3 NOTARY PAGE OF MORTGAGE ASSIGNMENT AND ASSUMPTION STATE OF FLORIDA COUNTY OF MONROE BEFORE ME, the undersigned authority, personally appeared, of to me well known, and Agreement for the purposes therein expressed. WITNESS my hand and seal this ~ day of ,2006. My Commission Expires: Notary Public Signature (SEAL) Printed Name of Notary STATE OF FLORIDA COUNTY OF MONROE expressed. BEFORE ME, the undersigned authority, personally appeared, of to me well known, and Agreement for the purposes therein WITNESS my hand and seal this ~ day of ,2006. My Commission Expires: Notary Public Signature (SEAL) Printed Name of Notary STATE OF FLORIDA COUNTY OF MONROE BEFORE ME, the undersigned authority, personally appeared, of to me well known, and Agreement for the purposes therein expressed. WITNESS my hand and seal this ~ day of ,2006. My Commission Expires: Notary Public Signature (SEAL) Printed Name of Notary THIS PROMISSORY NOTE IS GIVEN TO MONROE COUNTY AND IS EXEMPT FROM TAXATION PURSUANT TO FLORIDA STATUES 199.183. PROMISSORY NOTE COUNTY OF MONROE SHIP LOAN Date May -' 2006 Property Address City, State Key Largo Florida 21 North End Drive City Key Largo State Florida Zip Code 33037 1. BORROWER'S PROMISE TO PAY We, Habitat For Humanity Of The Upper Keys, Inc., (the "Borrower"), promise to pay Forty Five Thousand Dollars and No Cents ($45,000.00) (this amount will be called "principa]") to the order of the County Of Monroe, as agency and instrumentality of the State of Florida, whose address is Monroe County Courthouse, 500 Whitehead Street, Key West, Florida 33040 (the "Lender,") or to any other holder of this Note. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the ''Note Holder." 2. INTEREST hlterest on this Note shall be zero percent (0%) per annum; except that if I fail to pay this Note as required. The interest rate shall be twelve percent (12%) per annum from the date when payment of this Note is due until I pay it in full. 3. PAYMENTS Principal payments shall be deferred for the term of the first mortgage loan or until the May --J 2036. In the event that I sell, transfer, or rent my home or refinance or satisfy the first mortgage loan, I agree to pay immediately the entire sum due under this Note. My total payment shall be Forty Five Thousand Dollars and No Cents ($45,000.00) I will make my payment at Lender's address as stated in Section r above or at a different place if required by the Note Holder. 4. BORROWER'S PAYMENT BEFORE THEY ARE DUE I have the right to make payment in full on this Note at any time before it is due. Such payment is known as a "full payment." No partial prepayments can be made at any time on the principal of the loan. When I make full prepayment, I will tell the Note Ho]der in a letter that I am doing so. 5. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Default If I do not pay the full amount as required in Section 3 above, I will be in default. If I am in default, the Note Holder may bring about any actions not prohibited by applicable law and require me to pay Holder's cost and expenses as described in (B) below. (B) Payment of Note Holder's Costs and Expenses If the Note Holder takes such actions as described above, the Note Holder will have the right to be paid back for all of its cost and expenses, including but not limited to reasonable attorney's fees. 6. THIS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note Holder under this Note, a Mortgage, dated May -' 2006, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Note. That Mortgage describes how and under what conditions I may be required to make immediate payment in full of all amounts that I owe under this Note. 7. BORROWER'S WAIVER I waive my rights to require the Note Holder to do certain things. Those things are: (A) to demand payment of amount due (known as "presentment"); (B) to give notice that amounts have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of C:\Documcots and SCltings\raincr.debrn\Local Settiogs\Ternpor.llY Internet Filcs\OLKAOlNote and Mongago 21 Nonh End S,doePage 1 nonpayment (known as a "protest.") Any co-signer, guarantor, surety or endorser who agrees to keep the promises I have made in this Note by signing this Note or by executing a separate agreement to make payments to the Note Holder if I fail to keep my promises under this Note also waives these rights. 8. GIVING OF NOTICES Any notice that must be given to me under this Note will be given by delivering it or by mailing it by certified or registered mail, postage prepaid, addressed to me at the Property address above. A notice will be mailed to the Note Holder at a different address if! am given a notice of that different address. 9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each of us is fully and personally obligated to pay the full amount owed and to keep all ofthe premises made in this Note. Any guarantor, surety or endorser of this Note (as described in Section 7 above) is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us individually or against all of us together any may enforce its rights against any of us in any order. This means that anyone of us may be required to pay all ofthe amounts owed under this Note. 10. PRINCIPAL PAYMENT Lender shall give the Borrower the right to negotiate a repayment schedule for 90 days after the last payment is due on the First Mortgage for all sums secured by this mortgage that have been deferred. The terms and conditions of the repayment schedule negotiated after the last payment is due on the First Mortgage shall provide for a below market interest rate, a term for up to thirty (31) years, a principal and interest payment and such payment of princi pal and interest when combined with real estate taxes and property insurance shall not exceed twenty five percent (25%) of the household income. NOTICE TO BORROWER DO NOT SIGN THIS NOTE IF IT CONTAINS BLANK SPACES. ALL SPACES SHOULD BE COMPLETED BEFORE YOU SIGN. BORROWER, Habitat for Humanity of the Upper Keys, Inc. Date (SIGN ORIGINAL ONLY) THIS PROMISSORY NOTE IS GIVEN TO MONROE COUNTY AND IS EXEMPT FROM TAXATION PURSUANT TO FLORIDA STATUES 199.183. C:\Documents "nd Settings\millcr-dcbm\local SettillgslTempomry Intcmet FilcslOLKAOlNotc and Mortgage 21 Not1h End S.docPage 2 THIS MORTGAGE IS GIVEN TO MONROE COUNTY AND IS SUBJECT TO PAYMENT OF DOCUMENTARY STAMP TAXATION PURSUANT TO FLORIDA STATUE 420.513 THIS IS A BALLOON MORTGAGE WHERE THE PRINCIPAL BALANCE DUE UPON MATURITY IS $45,000.00, TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGE UNDER THE TERMS OF THIS SECOND MORTGAGE. SECOND MORTGAGE COUNTY OF MONROE SHIP PROGRAM THIS SECOND MORTGAGE is made this May , 2006, between the Mortgagor, Habitat For Humanity Of The Upper Keys, Inc., a Florida Corporation, (herein the "Borrower,") and the Mortgagee, the County Of Monroe, an agency and instrumentality of the State of Florida, whose address is Monroe County Courthouse, 500 Whitehead Street, Key West, Florida 33040 (herein the "Lender.") WHEREAS, the Borrower has applied to the County of Monroe Special Programs Office for a State Housing Initiatives Partnership (SHIP) Program loan in the original principal amount of Forty Five Thousand Dollars and No Cents ($45,000.00) the "Loan," the Borrower along intends construct for the benefit of very low and low income households the Property (as defined herein,) which Property is a single-family residence, and; WHEREAS, the Borrower is indebted to Lender in the principal sum of Forty Five Thousand Dollars and No Cents ($45,000.00), which indebtedness is evidenced by the Borrower's Promissory Note dated May -' 2006 and extensions and renewals thereof (herein "Note,") providing for payment of principal indebtedness if not sooner paid, due and payable on May -,2036. TO SECURE to the Lender the repayment of the indebtedness evidenced by the Note: the payment of all other sums, advanced in accordance herewith to . protect the security of this Mortgage: and the perfonnance of the covenants and agreements of the Borrower herein contained the Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County of Monroe, State of Florida: Lot 2, Block 2, Ocean Isles Estates according to the Plat thereof as recorded in Plat Book 5, Page 14 of the Public Records of Monroe COl/nty, Florida Which has the address of 21 North End Drive (Street) Kev Larl!:o. (City) Florida 33037 (Slnle) (Zip Code) (herein the "Property Address:") TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, and rents all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate iftms Mortgage is on a leasehold) are hereinafter referred to as the "Property." This instrument was prepared by: Special Programs Office 1400 Kennedy Drive Key West, FL 33040 (305) 292-1221 C\Doeum.uls aud Scttiugslmiuer.debra\Local SClliugs\Temporary lutemet Filcs\OLKAOlNol. aud Mongage 2] Nonh Eud S.docPage 1 BORROWER COVENANTS, represents and warrants to the Lender and its successors and assigns that BOlTOwer is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and the Property is unencumbered, except for the mortgage lien of the First Mortgage in favor of Participant, and for other encumbrances of record. Borrower covenants, represents and warrants to the Lender and its successors and assigns that Borrower will defend generally the title to the Property against all claims and demands, subject to the mortgage lien of the First Mortgage and other encumbrances of record. BORROWER FURTHER COVENANTS and agrees with the Lender as follows: 1. Payment. The Borrower shall promptly pay when due the indebtedness evidenced by the Note. 2. Prior Mort!1;ages and Deeds of Trust; Chan!es; Liens. Lender and Borrower aclmowledge and agree that this Mortgage is subject and subordinate in all respects to the liens, terms, covenants and conditions of the First Mortgage and to all advances heretofore made. The Borrower shall perfonn all ofthe Borrower's obligations under the First Mortgage and any other mortgage, deed of trust or other security agreement with a lien that has priority over this Mortgage, including the Borrower's covenants to make payments when due. The Borrower shall payor cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property that may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 3. Hazard Insurance. The Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as the Lender may require and in such amounts and for such period as the Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by the Lender, provided that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to the Lender and shall include a standard mortgage clause in favor of, and in a form acceptable to the Lender. The Lender shall have the right to hold the policies and renewals thereof, subject to the terms of the First Mortgage and any other mortgage, deed of trust or other security agreement with a lien that has priority over this Mortgage. In the event of loss, the Borrower shall give prompt notice to the insurance carrier and to the Lender. The Lender may make proof of loss if not made promptly by the Borrower. If the Property is abandoned by the Borrower, or if the Borrower fails to respond to the Lender within thirty (31) days from the date notice mailed by the Lender to the Borrower that the insurance carrier offers to settle a claim for insurance benefits, the Lender is authorized to collect and apply the insurance proceeds at the Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 4. Preservation and Maintenance of Property: Leaseholds; Condominiums: Planned Unit Developments. The Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is subject to a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, the Borrower shall perform all of the Borrower's obligations under the declaration or covenants creating or governing such condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 5. Protection of Lender's Security. If the Borrower fails to perfonn the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced that materially affects the Lender's interest in the Property. Then the Lender, at the Lender's option upon notice to the Borrower, may make such appearances, disburse such sums, including reasonable attorney's fees, and take such action as is necessary to protect the Lender's interest in the Property. C:\Documents and Settingslrainer-debra\local SClting.\TempoTOry Internet FilcslOLKAO\,,\Iote and Mortgage2! North End S,docPage 2 Any amounts disbursed by the Lender pursuant to this Paragraph 5, with interest thereon, at the rate of twelve percent (12%) per annum, shall become additional indebtedness of the Borrower secured by this Mortgage. Unless the Borrower and the Lender agree to other terms of payment, such amounts shall be payable upon notice from the Lender to the Borrower requesting payment thereof. Nothing contained in this Paragraph 5 shall require the Lender to incur any expense or take any action hereunder. 6. Inspection. The Lender may make or cause to be made reasonable entries upon the inspections of the Property, provided that the Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor to the Lender's interest in the Property. 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to the Lender, subject to the terms of any mortgage, deed of trust or to the security agreement with a lien that has priority over this Mortgage. 8. Borrower N ot Rcleased~ Forbearance bv Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by the Lender to any successor in interest of the Borrower shall not operate to release, in a manner, the liability of the original Borrower and the Borrower's successors in interest. The Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modifY amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and the Borrower's successors in interest. Any forbearance by the Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 9. Successors and Assigns Bound~ Joint and Several Liabilitv; Co-Signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns for the Lender and the Borrower, subject to the provisions of Paragraph 14 hereof. If more than one Borrower executes this Mortgage, all covenants, representations, warranties and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note: (a) is co-signing this Mortgage only to mortgage. Grant and convey that Borrower's interest in the Property to the Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modifY, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without the Borrower's consent and without releasing that Borrower or modifYing this Mortgage as to that Borrower's interest in the Property. 10. Notice. Except for any notice required under applicable law to be given in another manner: (a) any notice of the Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified or registered mail, postage prepaid, addressed to the Borrower at the Property Address or at such other address as the Borrower may designate by notice to the Lender as provided herein, and (b) any notice to the Lender and/or the Federal National Mortgage Association ("Fannie Mae") shall be given by certified or registered mail, postage prepaid, and ifto the Lender at the Lender's address stated on page I hereof with a copy to Servicer, if to Fannie Mae, addressed to 950 East Paces Ferry Road, Atlanta, Georgia 31326, Attention: Loan Administration, or to such other address as the Lender may designate by notice to the Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to the Borrower or the Lender when given in the manner designated herein. ] 1. Governine Law: Severabilitv: Costs. This Mortgage shall be governed by the laws of the State of Florida, and, to the extent applicable hereto, the laws and regulations of the United States of America. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict provision, and to this and the provisions of this Mortgage or the Note that can be given effect without the conflicting provision, and to this and the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses," and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. C:\Documeots and Seningslrnioer.debrnlLocal Senings\Tempornry Inlernet Files\OLKAOINote aod Mortgage 21 North End S.docPage 3 12. Borrower's COpy. Borrower shall be fumished a confOlmed copy of the Note and of this Mortgage at the time of execution or after recordation hereof 13. Rehabilitation Loan Al!reement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement that Borrower enters into with the Participant, the Lender, at the Lender's option, may require Borrower to execute and deliver to the Lender, in a form acceptable to the Lender, as assignment of any rights, claims or defenses that Borrower may have againsfparties who supply labor, materials or services in connection with improvements made to the Property. 14. Transfer of the Property. If aU or any part of the Property or any interest in it is sold, transferred, gifted or otherwise conveyed, whether by voluntary act, involuntarily, by operation oflaw or otherwise, or if the Borrower is di vested of title by judicial sale, levy or other proceeding, or if foreclosure action is instituted against the Property, or if the First Mortgage is satisfied or refinanced, or if the Property is leased or rented, all sums secured by this Mortgage may immediately become due and payable. This mortgage shall be assumable only by an individual who has qualified in accordance with Florida Statue 420.907-420.9079, FIOlida Administrative Rule, Chapter 67.37 and Monroe County's approved SHIP Local Housing Assistance Plan, under which this mortgage was issued. Any assignment by the lender or assumption by a third party must be in writing and approved by the Monroe County Board of County Commissioners as evidenced by the Mayor or Mayor pro tern's execution. The assignment of mortgage must be recorded in the Official Records of Monroe County. In the event of an assignment and assumption, all conditions and requirements placed upon the original borrower by this document or a promissory note are binding on the assignees. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than thirty (31) days from the date the notice is given provided in Paragraph 10 hereof within which the Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, the Lender may invoke any remedies permitted by this Mortgage without further notice or demand on the Borrower. ]5. Acceleration: Remedies. Except as provided in Paragraph ]4 hereof, upon the Borrower's breach of any covenant or agreement of the Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, or in the event that the Borrower shall have made material misrepresentations or material omissions in his/her/their application for a SHIP Loan, the Lender, at the Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Prior to taking any defaults action including acceleration of this Mortgage, the Lender shall give notice to the Senior Lien Holder and to the Borrower as provided in Paragraph 10 hereof specifYing (1) the breach (if the breach is curable; (2) the action required 'to cure such breach; (3) a date, not less than ten (IO) days form the date the llotice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration ofthe sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defensive of Borrower to acceleration and foreclosure. The Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees, court costs, and costs of documentary evidence, abstracts and title reports. 16. Borrower's Ril!ht to Reinstate. Notwithstanding the Lender's acceleration of the sums' secured by this Mortgage due to the Borrower's breach, the Borrower shall have the right to have any proceedings begun by the Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) the Borrower pays the Lender all sums that would be then due under this Mortgage and the Note had no acceleration occurred; (b) the Borrower cures all breaches of any other covenants or agreements of the Borrower contained in this Mortgage; ( c) the Borrower pays all reasonable expenses incurred by the Lender in enforcing the covenants and agreements of the Borrower contained in this Mortgage, and in enforcing the Lender's remedies as provided in Paragraph 15 hereof, including, but not limited to, reasonable attorneys' fees and court costs; and (d) the Borrower takes such action as the Lender may reasonably C:\Documcnts .nd Scttings\mincr-debm\Loc.1 Settings\Tempomry Internet FilL-s\OLKAO\Note .nd Mortgage 21 North End S.doePage 4 require to assure that the lien of this Mortgage, the Lender's interest in the Property and the Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by the Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 17. Assignment of Rents: Appointment of Receiver. As additional security hereunder, the Borrower hereby assigns to the Lender the rents of the Property, provided that the Borrower shall, prior to acceleration under Paragraph 15 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under Paragraph 15 hereof or abandonment of the Property, the Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to the payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sum secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 18. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 19. Attornevs' Fees. As used in this Mortgage and in the Note, "attorneys' fees" shall include attorneys' fees, if any, incurred in connection with the collection or enforcement of this Mortgage or of the Note, whether or not suit is brought and whether incurred at trial, on appeal, in bankruptcy proceedings or otherwise. 20. Special SHIP Program Covenants. Representations., The Borrower covenants, represents, and warrants to the Lender that; (a) the Borrower along with hislher/their/ family, intends to reside as a household in the Property; (b) the Property is a single-family residence; C c) the Borrower's total annual family income at the time of its application for the Loan did not exceed the income limit by family size for eligibility to participate in the SHIP Program, Cd) at least three percent (3%) of the required five percent (5%) down payment must be paid by the Borrower from his or her own resources. 21. Principal Payment. Lender shall give the Borrower the right to negotiate a repayment schedule for 90 days after the last payment is due on the First Mortgage for all sums secured by this Mortgage that have been deferred. The terms and conditions of the repayment schedule negotiated after the last payment is due on the First Mortgage shall provide for a below market interest rate, a term for up to thirty (31) years, a principal and interest not to exceed the original First Mortgage principal and interest payment and such payment of principal and interest when combined with real-estate taxes and property insurance shall not exceed twenty five percent (25%) of the household income. IN WITNESS WHEREOF, the Borrower has executed this Mortgage. C:\Documcnts .nd Sel1ingslrainer.debm\loe.1 Settlngs\Tempomry Intemet Fllcs\OLKAO\Nole .nd Mortgage 21 North End s,docPage 5 NOTICE TO BORROWER DO NOT SIGN THIS MORTGAGE IF IT CONTAINS BLANK SPACES. ALL SPACES SHOULD BE COMPLETED BEFORE YOU SIGN. THIS IS A BALLOON MORTGAGE WHERE THE PRINCIPAL BALANCE DUE UPON MATURITY IS $45,000.00, TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THIS SECOND MORTGAGE. Signed, sealed, and delivered in the presence of: Witness Signature Printed Name: Borrower Address: Witness Signature Name: Witness Signature Printed Name: Borrower Address: Witness Signature Name: STATE OF FLORIDA COUNTY OF MONROE The foregoing was acknowledged before me this day of 2006 by , who is personally known to me or who has produced a valid driver license as identification and who did not take an oath. Notary Signature SEAL Printed Name: Commission Number: My Commission Expires: THIS MORTGAGE IS GIVEN TO MONROE COUNTY AND IS SUBJECT TO PAYMENT OF DOCUMENTARY STAMP TAXATION PURSUANT TO FLORIDA STATUE 420.513 C;\Dooumonls and Setlingslr.liner-debm\loeal SettingslTempomJY Internet FileslOLKAOlNote and Mortgage 21 North End S.docPage 6 fJJ ""_'i'l<p=dBy. RDam:I.md RaucL to~ MEYER & ERSKlNl! 3l2Jj AvmucA Bill Pmr: Krr, FL331>>3 Fildf; 023UlB PtV'Crlliklu!ftcari~ Num:bcr: 00538J10 c.f: 005J8Jl{) no-itRDG C-oUHTT OrlICIPiL RB-COrtDS U111: ':1.335796 a:U1.S40 E'G.34 i!I ReD nee .11 21J02' lOI-t7AM DAWDY L KOLHAGI::. CLE:Jl:X lU'J.lEIJJoViI'llJD;Ur4l.roIt~J)AT... WARRANTY DEED TIllS INDENTlJRE ......... (,0. doy.r ~ .2102 . """"'" MIDlIWE oolJN'n' ~~~~~~~DJumO .~tr~~~~=~b{~w~ l)(l4l).GAANTOR- O:Fnn:.Ul'PE.RKn'S.,lNc... ncrida.lttrorprom I!DI'pClJ"l.Ul:mw!loR /I]C'2.Krr1>>&o,FL 3J037.GRANTlm.~ (\Vhm;Yer '*"' bcn:iD wtams'"GTulor'" lWIi ~ I!hLII inctudI! aU the pull. b:l tbis: mmummt 1IlJIdhtin, 11ZgaI1"I!pE'!:III!3L>>ivtll,:md:mipi.ofi1\l3MdtlaIs,.aadlha~uiI~of~) WlfflBSS.fi'TH.-nw Aid GnNor. roc mdia.QJIf&idM;i'oo M~ IIUI!'I cfTEH AND 00'100 ($10.00) OOL1..ARS _otber ~ ~wbhloG:IIUidrn:lioo.lo1'i..id GttMof irI ~~_byDfd GI'Ildi:c. the mr:dpt ~~~=~i=-.=u~~~Q~~~~~~~~ of~()NR.OE. Siatl:.off1orida.1o-Wit: Lou. 1 ~1iKI J.Bl,d~_%,.(JalUI bk.l::llllfS..cnl"llhfr"'" tM-lPlIt~ u n:e:ardtd kl PbtBookS, ~p Jot, Il"rUu!l'ablleR.KMdl atftflaAe 0..11I;11I11, fla-rtdL ~=,,,,~~:~~~~~~':=::~::cp~.::rn~!.fUWl4~.rU' SUJ/.11!;CTTO ill ~ ~l)N aDd aICIJ'lImtlCl:l'1'tOOfd,. if my; nmin.1 ~ d p;vlnDibs impomlby g:J1'mImCIl'lll1 ~'Y,lnlEmm fbrthcycar2OO'1 Doty<<dutandpt)'1bJt. TOGEl'lt1rR w:m-J&lItht::~hercdllUmDtlllld ~tbadobl:kqmloCKin~ I(lpG1:l;inillg. TOIMJIE'AND TOHrJLD,1hc::umc infcc ~llE'f~. .A..fn) THl!s..uDGJU/IiTii.rkabcnlqrt(JytAIJ:!'I'I..rnhIheWdaraw'\battlH:OnNoris.l&w~1ICized ~~=~I~~:;:i~~~~~~~~~=~~~~ IN W11NESS WHBRBOF. GflIlmrhuhsmmlo let ~'I hmdmd tCIIIl cm.-d.lr myt4f"rlf$f~ wrium. ~:mJIIJ.tnddt~ivmad[r,lkpn::lCD;C1::of': MONROE COUtITY COMPREIIENSlVE r.L.AN LAND AUmOIUIT Rv;Pf(M'~-?' ~2~ "'WRKAY It. NlJ.8ON, VJC8oCElA-WIAN WI STATE OF FLORIDA COUrm' OFl\lON"QOE E.NZE..S"'8:.{~~t=~~~~{~~~tbjs~da)'of~~~URRAY ~-'- . 'lIIrc:..o.lM~ "~~""il.2IDi>> ~ "'''' NOTAK ~COMMlSSlQ~EJa'IMllaS BiOlIBIT . A" FIL~ .1338796 RESOlunONNO.~ 81<11840 PG'349 A RESO~unON OF THE MONROE COUNTY COMPREHENSIVE PlAN LAND AUTHORITY AUTHORIZING THE PURCHASE AND CONVEYANCE OF PROPERTY IN HARBOR SHORES AND OCEAN IS~E ESTATES SUBDIVISIONS IN PARTNERSHIP WITH HABITAT FOR HUMANITY OF THE uPPER KEYS, INC. FOR THE PURPOSE OF PROVIDING AFFORDABLE HOUSING. WI-IEREAS. soction 360.0600(3}, Florida Slll1u!eo (FS) and soction 9.3-2, Monroe County Code, empower \lie Monroe COIlnty Comproha""",,, Plan Land Authority (horeinafter 'I..and Authority"} to acquIre an lolorosl in real property lor \lie purpo... of pmvidlog _abla hOUllIng to V8lY low. low. an~ modemte Income persons as Qcfo>ed In llellIion 420.0004, FS, where SllId acqulllltion. am conoiol.ntwllh a comproh....iva ptan adopted pursuant ta Chapter 350, FS; and WI-IERCAS. Hobllot for Humanl!y of 1119 Upper Kays, Inc. (horejna1ler HFH) I. a not-for;>rolit Florid. ccrporatlon and .n approved affillat. of Habitallntemational and I. "'llanlzad to pmvido .af", d.cent, and offonlable houalog to peoploln need within IIle Upper Keys oreo; and WI-IERCAS, HFH requosllllhal lha Land AutItorIty purch.... certain lots in Harbor Shores and Ocoan Isl. Estates subdMalon. and calMlY lha subject properties to HFH and allow HFH to dovelop the property wlth affonlablo t>ousrog; .nd WHEREAS, at a meeting Mid on AugU&l28. 2002 tho Land Authority AdVisory Commitlee voted 3ID 10 recommend .pproval of purd1uIng lhe subjact lols and conveying s.ma to HFH; and WI-IEREAS. tha Governing Board wishes \0 .pprgvo lha AdVisory Committee'. rocommondalion; NOW, THEREFORE, BE IT RESO~VEO !lY THE MONROE COUNTY COMPREHENSIVE PlAN LAND AUTHORITY: Se<:Iion 1. TlHl Chairman of tho Land AulhOOty Governing Board Is noreby authortzed to sign contracts for lha purthllllO of prope<ty 0$ foll<>ws: ~ B1lld< l,lotS, Harbor Shores .ubdMaion (FB 3-<<) B1oek. 2, ~ots 2 and 3, 0...... Isle EoIale$ sulldivlslon (PB 5-14) Pu_ Prlce $17,500.00 $30,000.00 Sedion 2. At cloolng. \lie Ch.i"".... of \lie l.llnd AulhorIly Gov<linlng Board ia hemby authorized \0 olgn a deed convoylng \lie eubjecl property to HobitaI for Humanity of the Uppor KeY", Inc. SIIid dliCd shall rmlrlcl flltu", u.e of \he prDpIlrty to slngle-fam~y rwidenUal units for occupancy by very low, low, or moderale income persona 0$ defined In seetlen 420.0004. FIOOda Statui..., for 0 peliod at fifty (50) YOa.., and os furthlJr .....!rioted by Monroe Catlnty alfordabllity ...gulatlon. and AUaehment A- Pagelof2 FILS 11338796 BKI:1.840 PGI3S0 PASSED AND ADOPTED by tho Mnnroe CIlunty Comprohensivo Plan Land Authnrtty at a regular mooting on thllI ~ day of Sop<""""" 2002. .. ...~\i-I... . ~Iff~ ~J'I..L<i;U;I\' '0 M~=';' \ ~\ 4:;,". , T:. ~~ ._ ~!~r'../ ;:".: ''7. n ':;'':":-'':':.; ~. ~ \ '.L..... Mark J. Ro Elooculive Directo MONROE COUNTY COMPREHENSWE Pl.AN lAND AllTHORJTY '6l'" c.~ Murrny~ VIce Chalrman ~ncy Larry R. Erskine Page 2 012 ATTACHMENT A AFFOROABIUTY COVENANTS FILB t1338796 BU1 a 40 PG.a 51. 1. Affordabifity Porlod. Thos" afTordabillty requiremont. ohall run with 11>0 propo/ly for a period of filly (SO) yeo",. 2. Income l.imno, U... and Transfer Restrictions. Hall/lel for Humanity of t1le Upper KeY". Inc. (he",inafter HFH) .hllll _01"1' t1le aubl<>ct properly and moke ..me avaHobIo ... OWTlemfJlp housIng in accorda""" with tho conditio... specified below. 3. Use orld OCCUpllllCY. "The otlbject properly sholl be OWTlef occupi<>d and uoed as the homoowno(s primsry ",sldenco and such other u_ incidental 10 reGldanHal uso os may be permiffed by locol zoning and land use regulations. 4. Income Qualified Buy..... Owne.-shlp"",," be ...._ to h""""llo/ds eaming I... lhon or equal to 100% of the Monroe Counly modion Incom<> adjuotod for hOUllOhold siza .1 the time ofconv_. S. AffomabiJ;ty. Monlhly haUling costs, dafined ao Pfindpal. InIereGl, tax... inourance (Pin). and ham""""",r ..soclatioo r....s Vf any] ol1o[ I1Q1 e><ceed tho annual adjuoled groGG hou..llo/d incmne multiplied by 0.30 and divided by 12, oU In aecordanco 'MIh !i420.0004, Florida StaMe.. 6. Resale Umits. The prope/ly and the Im__ Ioca1Od thomon may be lransfemld, subject to the provisIons of P....gmp/>ll <I and 5 _. pmvfded the lraniler prico d""s not exceed thtl sum of thtl prlco thtl """"'nt "..."',,, paid plus 25% of tho amount by whicl1lhe u""".trfctcd mark6l value of the properly may have a;>predatod dul1ng tho culTOnl 0WI\Il(. peri<<! of _hip. Alllransfe.. ore contingent upon HFH maintaining the right of firs! refusal 10 either purchase the property Dr provide tho Sel!&r a qualiflOO BuYef. 7. RDfinanclng Umils. The propo/ly may nol be omromboJOd for any _se wlthoU1 the pliOf a""Ill,,"' oIlhll Monroe County Campmhc"",,, Plan land Authortty (herolnafter MCtA), except for encumbrances for projecls resulling in co~ improvemen!$lo tho pt"opo/ly ond encumbron.... imposIng addilionalaflordabilily CO'lO!1llnl.. B. Alrordability Monnol1ng. HFH wiD "" reoponsiblo for ensuring thtl.. offonfabJrIly requirements are ma!nlained. Whenever the properly is tramflllfed HFH ohaU provide cortilicatlon to 1110 MetA documoming th~D nffordabitity requirements have been met. HORROI: eOUR1'Y O~rleIAL RBeOROS RESOLUTION NO. ....liL.. R2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA APPROVING MONROE COUNTY'S LOCAL HOUSING ASSISTANCE PLAN FOR STATE OF FLORIDA FISCAL .YEARS 2004-2005,2005-2006, 2{)06...2007; AUTHORIZING THE SUBMISSION OF TIlE weAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORA TION WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 ofFJorida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SIllP) Act, ss. 420.907420.9079, Florida Statutes (1992), and Rule Chapter 67 - 37, Florida Administrative Code, requires local governments to develop a one- to three-year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, it continues to be found that 5% of the Local Housing Distribution is insufficient to adequately pay the administrative costs of the SHIP Program. The cost of administering the program may not exceed 10% of the local housing distribution; and WHEREAS, the Special Programs Office, Monroe County Housing Authority, as Administrator of Monroe County's SHIP Program, has conducted a public hearing to accept input on the matter and prepared a three- year Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation, NOW THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County, Florida. that the County hereby: Approves the 2004-2005, 2005-2006, 2006-2007 Monroe Cozmty Local Housing Assistance Plan, attached hereto as "Exhibit A" for submission to the Florida Housing Finance Corporation as required by FS 420.907-420-9079, Florida Statute, and authoriz.es the Mayor to execute the required Certifications necessary for submission, attached hereto as "Exhibit B ". PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting on said Board on the 21st day of April, A.D., 2004 Mayor Nelson Absent MaY~Q~emRice Yes .~~,. Co~Neugent Yes Cn~ '~~Co Yes C~~!bt~~h: Yes (S~~~ '.X . -/ ~t: Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORD?t\ sg o Q ~ :z: ]> ..z:- f:tl. ..-.4 ~p~ ~ By: _ ~~/1, "'~-< ~ an~ I DAVID P. RICE. C::$;:.- co MAYOR PRO TEM :Sc.,~ ;:. ;<:-f::X: :z ""'I > \D r- C) .. ?l'" rrt .&:- N .., r- rrt o ." o ::0 :0 ", c; o ;::0 r.::::; Approved. as to form and legal sufficiency !Soc.c. E)(~IBlT A MONROE COUNTY LOCAL HOUSING ASSISTANNCE PLAN Prepared in conjunction with the STATE HOUSING INITIA VITES PARTNERSHIP (SHIP) PROGRAM ;: For State Fiscal Years 2004- 2005 2005-2006 2006-2007 Prepared by Special Programs Office Monroe County Housing Authority 1403 12th Street Key West, Florida 33040 APRIL 2004 MONROE COUNTY STATE HOUSING INITIATIVE PARTNERSHI,P (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN (LHAP) FOR STATE FISCAL YEARS 2004-2005, 2005-2006 & 2006-2007 TABLE OF CONTENTS I. PROGRAM DESCRIPTION A. Participating Local Government B. Purpose and Description of the program C. Fiscal years covered by the plan D. Public Input E. Support Services and Counseling F. Governance G. Discrimination H. Purchase Price Limits II. INTERLOCAL AGREE:MENTS DI. LOCAL HOUSING PARTNERSHIPS IV. STRATEGIES V. AFFORDABILITY VI. ADVERTISEMENT AND OUTREACH VII. ADl\fiNISTRA TIVE EXPENSES VIII. CERTIFICA TION IX. EXHmITS Exhibit A - Timetable Exhibit B - Housing Delivery Goals Charts (3) Exhibit C - Certification Exhibit D Adopting Resolution Exhibit E - Program Information Sheet Page 1 I. PROGRAM DESCRIPTION A. Name of the participating local government Monroe County B. Purpose and Description of the program Creation of the Plan is for the purpose of meeting the housing needs of the very low, low and moderate-income households, to expand production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing. Monroe County. C. Fiscal years covered by the Plan State of Florida fiscal years 2004-2005,2005-2006 and 2006-2007 D. Public Input This plan was developed based on eleven years SHlP administrative experience, previously approved Local Housing Assistance Plans and a public meetings conducted for the sole purpose of soliciting comment specific to the preparation of this mAP. Advertisement of the public meeting was placed in a newspaper serving Monroe County. This public meeting was conducted at Marathon Government Center (MM48) Marathon, Florida. This facility was handicapped accessible. Existing and proposed. strategies, budget allocations and SHIP state program requirements were distributed and discussed. Draft copies of the Plan were posted at all county public libraries. Public input was incorporated into the plan. E. Support Services and Counseling Support services for the implementation of Monroe County's SIllP program will continue to be provided through the Special Programs Office, Monroe County Housing Authority. This office has provided continued affordable housing support services through participation in the HOME Program, Single Family Mortgage Revenue Bond (MRB) Program, Community Development Block Grant Programs on behalf of Monroe County and the City of Marathon, Village of Islamorada, Florida Department of Community Mairs programs, U.S. Department of Housing and Urban Development programs and Federal Emergency Management Agency (FEMA) programs. This office also coordinates with the Key West Community Development Office providing support services. Further, the Special Programs Office provides administrative support to the Monroe County Housing Finance Authority. F. Governance The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37.007 Florida Administrative Code. The SHIP Program does further the housing element of the local government Comprehensive Plan. Monroe County and the Monroe County Housing Authority executed an interlocal agreement in 1993 that establishes Special Programs Office, Monroe County Housing Authority, as Page 2 the Program Administrator of Monroe County's SIDP Program. G. Discrimination: In accordance with the provisions of 5S. 760.20~ 760.37, it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. H. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used by Monroe County is U.S. Treasury Revenue Proclamation 2004-18. The purchase price limit for Monroe County is $332,466 for new homes and $332.466 for existing homes. II. INTERLOCAL AGREEMENTS Since the initiation of Monroe County's local SHIP program in 1993, the program has been for countywide participants within the unincorporated and incorporated areas of the county. This includes unincorporated Monroe County and incorporated areas of The Village of Islamorada, City of Layton, City of Marathon, City of Key Colony Beach and the City of Key West. There is not any need for interlocal agreements between Monroe County and incorporated municipalities within Monroe County III. LOCAL HOUSING PARTNERSHIPS The Plan is intended to increase the availability of affordable residential units by o:ni:iIli~ local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance COlporation programs and to provide local match to obtain federal housing grants or programs. Monroe County has been and will continue to use the SHIP Program to develop successful partnerships and additional resources to assist in reducing the cost of housing acquisition, construction andlor rehabilitation. These partnerships include local governments, lending institutions, housing developers, community based housing and service organizations. A summary of these partnerships and resources include the following: The Monroe County Land Authority for Monroe County The Monroe County Land Authority for City of Key West Community Development Block Grant - Monroe County Community Development Block Grant - Monroe County $1,573.600 $1,956.000 $ 750,000 $ 750,000 Page 3 Community Development Block Grant - City of Marathon Community Development Block Grant - Village of Islamorada Monroe County Housing Finance Authority Florida Department of Environmental Protection City of Key West's Mayor's Revolving Loan Fund DCA Residential Mitigation Grant ProgramlHabitat Federal Emergency Management Agency (FEMA) $ 750,000 $ 700,000 $ 75,000 $ 100,000 $ 500,000 $ 889,000 $2,750,000 These resources were obtained in partnership with Monroe County SIDP Program in order to reduce the cost of housing. Page 4 IV. STRATEGIES: A. HOMEOWNESmP STRATEGIES Name: W ASTEW A TER IMPROVEMENT Description: Funding assistance to upgrade wast4ewater treatment and disposal systems. Eligible activities include cesspool replacement, septic system upgrade and central sewer lateral connection. Fiscal Years: 2004~2005, 2005-2006 and 2006-2007 Income Levels: Very low, low, moderate Selection Criteria: Applications accepted from public entities developing or homeowners upgrading residential wastewater treatment and disposal systems. Applications received at initiation of fiscal year application cycle will be ranked/processed in order of greatest dollar amount of leverage funds committed to the project. Subsequent applications processed on first come/first qualified basis until annual funding committed. Type of Assistance: Mortgage loans to individual households not to exceed $8,000, inclusive of closing costs. Loan terms of zero percent (0%) interest, no regular payment for a term of twenty (20) years. SHIP commitments to public entities on behalf of individual beneficiaries not to exceed $150,000. Recapture: Due and payable upon sale or transfer of the property or failure to comply with the terms of the SHIP mortgage. Other: SHIP commitments to public entities will be committed to provide direct benefit to eligible persons occupying eligible properties. Page 5 Name: HOUSING REHABILITATION Description: Funding assistance for housing rehabilitation. Fiscal Years: 2004-2005,2005-2006 and 2006-2007 Income Level: Very low and low Selection Criteria: Applications accepted from public entities, non-profit housing providers and individual homeowners for rehabilitation of existing housing. Applications received at initiation of fiscal year application cycle will be ranked/processed in order of greatest dollar amount of leverage funds committed to the project. Secondary ranking will be in order of receipt of application. Subsequent applications processed on tirst come/tirst qualified basis until annual funding expended. Type of Assistance: Mortgage loans not to exceed $35,000 inclusive of closing costs. Mortgage loans will be for a term of twenty (20) years, zero interest with no regular payment. Recapture: Due and payable upon sale or transfer of the property or failure to comply with the terms of the mortgage. Other: For the purposes of this strategy rehabilitation is defined as those improvements necessary for the subject unit to meet the V.S Department of Housing and Urban Development's Housing Quality Standards (HQS). All HQS deticiencies must be addressed for units rehabilitated under this strategy. Any households receiving rehabilitation assistance under this strategy are not eligible for additional SIDP funding for a period of three (3) years. SlllP commitments to public/non-profit entities will be committed to provide direct benefit to eligible persons occupying eligible properties. Page 6 Name: Description: Fiscal Years: Income Levels: Selection Criteria: Type of Assistance: Recapture: Shared Appreciation Provision Other: HOMEBUYER ASSISTANCE Funding assistance for the purchase or"construction of single-family residential property, including condominiums or townhouses. 2004-2005, 2005-2006 and 2006-2007 Low and moderate Applications accepted from public entities and non-profit affordable housing providers will be ranked in order of greatest amount of leverage funds committed to the project. Secondary ranking will be in order of receipt of application. Annually, 50% of funds budgeted under this strategy will be set aside for public entities and non-profit affordable housing providers who have submitted applications during the annual application cycle. In the event all set aside funds are not committed, those funds are available for commitment to individual applicants. Applications accepted from individuals will be ranked based on the results of a random lottery. The date, place and time of the random lottery will be publicly noticed and open to the public. Mortgage loans to public entities and non-profit affordable housing providers not to exceed $35,000, inclusive of closing costs. Mortgage loans to individual households not to exceed $25,000 inclusive of closing costs. Mortgage loans will be for a period of thirty (30) years with zero interest and no regular payments. Due and payable upon sale or transfer of the property, thirty years, or failure to comply with the terms of the mortgage, whichever comes first. All SHIP funds under this strategy are subject to a mortgage that shall contain recapture provisions which provides for shared appreciation between the buyer(s) and the Monroe County SHIP Program. The amount due Monroe County upon sale or transfer of the property shall be determine by calculating the sum of the principal balance of the SHIP loan and 50% of the appreciated value. The appreciated value shall be the difference between the purchase price at the time of purchase and the sales price at the time of sale, less the value of permitted improvements and real estate sales commission. Buyer(s) must contribute a minimum three percent (3%) buyer contribution. Property must meet minimum health and safety standards as defined under the V.S Department afRousing and Urban Page 7 Development's, Housing Quality Standards (HQS). Any HQS deficiencies must be corrected prior to or as part of the purchase transaction. In the case of new constniction. a Certificate of Occupancy (CO) may be substituted for the HQS inspection. Entities and applicants proposing to construct new housing will be required to provide sufficient evidence of readiness to proceed prior to the issuance of a SHIP commitment (site control, permit allocation, fmancial capacity. . .). Public agencies andlor non-profit affordable housing development organizations will be required to provide sufficient evidence affordability prior to the issuance of a SHIP commitment (deed restrictions, affordability criteria, initial sales price, resale price restrictions, land lease, client selection criteria, construction budget...). Public agencies andlor non~profit affordable housing development organizations may request the SHIP loan be assumed by subsequent buyer(s) if the following conditions are determined to exist at the time of sale: 1. Prospective buyer meets SHIP income eligibility guidelines. 2. The transaction maintains the properties affordability to the prospective buyer. 3. Long term affordability criteria are recorded, enforced and for a period not less than the term of the SHIP mortgage and the transaction is consistent with such affordability criteria. Mortgage loans to entities, which retain control of the land under the terms of a ground lease, shall extend to land and improvements. Page 8 Name: DISASTER MlTIGA TION Description: Funds provided to homeowners to make emergency repaiIs In the event of a state or federal disaster declaration affecting all or part of Monroe County, the SHIP Administrator, on behalf of the Board of County Commissioners, shall be authorized to: 1. Request and administer additional state funds to assist with disaster recovery. 2. Use unencumbered local SHIP funds to meet the priorities of the Disaster Mitigation Strategy in an amount not to exceed twenty percent (20%) of the state's annual SHIP funding allocation Fiscal Years: 2004-2005,2005-2006 and 2006-2007 Income Category: Very low and low Selection Criteria: Applications processed on a first come/first qualified basis from uninsured, elderly andlor disabled homeowners. Type of Assistance: Grants not to exceed $5.000. Recapture: NI A Other: For the purposes of this strategy. emergency repairs are defined as those repairs to damages resulting from a declared disaster that pose an immediate health and safety hazard to occupant(s). Page 9 B. RENTAL STRATEGIES Name: CONSTRUCTIONIREHABILIT A TION Description: Funds provided for the construction or rehabilitation of affordable housing rental units. Fiscal Years: 2004-2005,2005-2006 and 2006-2007 Income Level: Very low and low (tenants) Selection Criteria: Applications received at initiation of fiscal year application cycle win be ranked/processed in order of greatest dollar amount of leverage funds committed to the project. Secondary ranking will be in order of receipt of application. Subsequent applications processed on first comelfirst qualified basis until annual funding expended. Type of Assistance: Awards not to exceed $20,000 per SHIP set aside unit and maximum of $40,000 to for profit entities and $80,000 to public and non-profit entities, plus closing costs. Awards to for profit entities that exceed $3,000 shall be provided subject to a promissory note secured by a mortgage on the subject property for a term of twenty-five (25) years. The SHIP mortgage loan shall accrue no interest and require no regular payments for the term of the loan. The principal balance shall be due and payable upon maturity. Awards to public entities and non profit entities which exceed $3,000 and the property is owned. fee simple, shall be provided subject to a promissory note and mortgage on the subject property for a term of twenty-five (25) years. The SHIP mortgage loan shall accrue no interest and require no regular payments for the term of the loan. The principal balance shall be forgiven upon maturity so long as affordability has been maintained. Awards which exceed $3,000 and the property is on long-term lease (fifteen years or greater) shall be subject to and required to execute a SHIP Rental Monitoring Agreement Recapture: Due and payable upon sale or transfer of the property, termination of the long-term lease or failure to comply with the terms of the SHIP Rental Monitoring Agreement. Other: All entities funded under this strategy will be required to execute a SIllP Page 10 Rental Monitoring Agreement for a term of fifteen (15) years. SHIP set aside units assisted under this strategy must have rents that do not exceed the rent maximums published annually by the Florida Housing Finance Corporation. SHIP recipients that offer rental housing for sale within fifteen years of the SHIP award or that have remaining mortgages funded under this strategy must give a right of first refusal to eligible non-profit organizations for purchase at the current market value for continued occupancy by eligible persons. Page 11 Name: DISASTER MITIGATION Description: Funds provided to public and private owners'of rental units dedicated by legal instrument (long term lease agreement, deed restriction, mortgage covenant...) for occupancy by households with very low or low incomes to make emergency repairs. In the event of a state or federal disaster declaration affecting all or part of Monroe County, the SHIP administrator, on behalf of the Board of County Commissioners, shall be authorized to: 1. Request and administer additional state funds to assist with disaster recovery. 2. Use unencumbered local SIllP funds to meet the priorities of the Disaster Mitigation Strategies (Homeownership and Rental) in an amount not to exceed twenty percent (20%) of the state's annual SHIP funding allocation. Fiscal Years: 2004-2005,2005-2006 and 2006-2007 Income Category: Very low and low Selection Criteria: Priority consideration to very low and low-income households on a first comelfirst qualified basis. Type of Assistance: Grants not to exceed $5,000 per unit. Recapture: N/ A Other: For the purposes of this strategy, emergency repairs are defined as those repairs to damages resulting from a declared disaster that pose an immediate health and safety hazard to occupant(s). Page 12 v. TIMETABLEFOREXPENDITURES M See attached as EXHIBIT A VI. AFFORDABILITY Homeownership The Income limits, adjusted for household size, shall be in the amounts allocated for Monroe County as published annually by the Florida Housing Finance Corporation for participation in the State Housing Initiatives Partnership Program. Rental Monthly rental maximums of SHIP assisted units, adjusted to bedroom size, shall be in the amounts established for Monroe County by the as published annually by the Florida Housing Finance Corporation for participation in the State Housing Initiatives Partnership Program. VB. ADVERTISEMENT AND OUTREACH SHIP Program applications will continue to be placed in all county libraries which provides access to all county residents. Applications may also be requested directly from the Special Programs Office, 1403 12th Street, Key West, Florida 33040. Availability of applications will also be advertised on the Monroe County bulletin board that appears on cable TV countywide. Radio PSA's will be issued. News releases will be furnished to the countywide newspapers. To the extent possible, SHIP program information and applications may be accessible via the internet at Monroe County's official website. Further, a display advertisement in a newspaper with countywide circulation announcing the availability of funding wiII be published at least 30 days prior to the acceptance of applications each year. If no funding is available due to a waiting list, no notice of funding availability is required. VIIL ADMlNISTRATIVE EXPENSES The Monroe County Local Housing Assistance Plan shall continued to be administered by the Special Programs Office, Monroe County Housing Authority, 1403 12th Street, Key West, Florida 33040, (305) 292-1221, pursuant to the Interlocal Agreement approved by BOCC Resolution 162-1993, April 14, 1993, until further written notification to the Florida Housing Finance Corporation by the Board of County Commissioners, Monroe County. The Director of the Special Programs Office shall be Monroe County's official SHIP Program Administrator responsible to the Florida Housing Finance Corporation's SHIP Program until written notification from the County Administrator. The SHIP Administrator shall: (1) be responsible for the implementation of the Local Housing Assistance Plan and to meet the county's responsibilities under Florida Statute, Sections 420.907 - 420.9079 and Chapter 67-37, Florida Administrative Code Page 13 (2) after 6O-calendar days from the publication oflocal Housing Assistance Funding Availability, have the authority to re-allocate the SHIP dollars within the specific homeownership strategies and within the specific rental strategies as the Administrator deems necessary to meet actual needs of applicants and in meeting the SHIP regulations. The previous experience of implementing numerous strategies countywide has provided a sufficient finding that five (5%) percent of the Local Housing distribution is insufficient to adequately pay administrative costs of the SHIP Program and the BOCC recognizes and approves the maximum amount allowable of ten percent (10%) of the Local Housing Distribution to be used for required administrative costs. Any applicable program income/recaptured funds shall be subject to a five percent (5%) administrative cost in theirre-allocation to eligible clients through approved strategies. The BOCC shall consider any additional expense required to administer the local Housing Assistance Plan during its annual budget process. The SIllP administrative funds shall be allocated as follows: ESTIMATED ADMINISTRATIVE EXPENDITURE BUDGET .. Descriotion FY 04-05 FY05.06 FY 08-07 Salaries Administrator $ 10,000 $ 10,000 $ 10,000 Program Coordinator $ 28,000 $ 28,000 $ 28,000 Program Assistant $ 0,000 $ 0,000 $ 0,000 Administrative Assistant $ 2,000 $ 2,000 $ 2,000 Comptroller $ 1,000 $ 1,000 $ 1,000 Bookkeeper $ 3,000 $ 3,000 $ 3,000 Benefits (28%) $ 12,600 $ 12,600 $ 12,600 Heath Insurance $ 1,000 $ 1,000 $ 1,000 Advertising $ 500 $ 500 $ 500 Printing/Copying $ 500 $ 500 $ 500 Postage $ 500 $ 500 $ 500 Phones $ 400 $ 400 $ 400 Supplies $ 500 $ 500 $ 500 Rent $ 1,500 $ 1,500 $ 1,500 Equipment (>$750) $ 500 $ 500 $ 500 Repairs/Maintenance $ $ $ Utilities $ 500 $ 500 $ 500 Books/Publications $ 331 $ 331 $ 331 Travel $ 500 $ 500 $ 500 Professional Service $ $ $ TOTAL $ 63.331 $ 63.331 $ 63,331 oj< Estimated Expenditure Administrative Budget based on 10% ofFY 05.06 State Allocation estimated by Florida Housing Coalition April 2004 estimates and does not include administrative allocation of program income. Page 14 IV. EXHIBITS: A. Timeline for Encumberance and Expenditure: Attached as Exhibit A. B. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Attached as Exhibit B. c. Certification Page: Attached as Exhibit C. D. Adopting Resolution: Attached as Exhibit D E. Program Information Sheet: Attached as Exhibit E Page 15 < ~ .D. ~ W 8 s :5 N a: i3 >- ... c u ~ u. ~ c Ii; ~ ~ W .I m ~ :::i F ~ !5 o to) w o a: z o :IE i E ~ Cl ~ ii :5 ... '0 i z 1 1 xl I I I ! I I I 1 I I : >--1 +_1 I I x I I I I -----i-n- I.. I I .. I I -I .. I x _ I >< I )C _ -c-- ____ J >< -] .. -t- I >< I >< -- --f-- ---- .. f--+ -f-~ _'-_ ~ f-- - f-- >< r- >< - 1__ .. I >< I .. L f-~ I I I ><1 H-LL >-+-- If-, I -r- xl _ --1_ --I_ I ...1-_ L- .. - ,.-- >< '" '" ~ l~3 'ii11 . ~~:F .. -- .. .. f-- - .. I IIIJ I - I -i-- " 1-1= i I _ >c 1)( I I-- 1 L I i I I ---!- --~- - - -- - >< -- ":H== - I_ 1+_ I fJ+= I I- I _ I _ - - -1 __ >c 1_ - --1- - -- - >< I I ~ 1__ >< I f-. -~++-~ 11 I ==== + --I-- -~~ -=- 1: I = : 1 i': : 1 ->- i '-- :: I" I I L ><1 I .. .. >< - -- J ' I I ~ I J i i i i J I ~ s ; ! II I II 11 I~ ~I of , i .t I. il: 1 II ~ I ~I I ~I I il I .. ;s 'a JI ,a S .8 l . ~ t! )C ,. -B i ! " .5 :I ~ . ! l ! ~ :l! "5 i .f .. :6 .. Jl -g IS ,; .. .l!! E fi i j t :. i i l! ~ ,; ,i i ~ I '> OS; i I ! ! ~ !! e 1 !i = at ::a C .!i !! i- S Go I' .. ! ~ g :( ;0 i c J It - ~ I j ! ~ ~ "0 ~ _ · .... 0 :6 ... " 1! .., g~l,: ft ~ l!!' f =a ~ I .!I t..:21 'D :!i . _ igtif .. E 0 :z: 1! .... E u- -i'!;:.....,S - .!! a 1:: o 2! . 0 li,.-gi - ... " II: j '& :: .. 1 I e ~ .. e .a < t 1 i i ~ w g ~ ~C:;". r-..! ~l 0 -0 <'I 0 0 0 0 0 <0 ~ I ~ ~ N i021"'~~ :0- .! ~~I~~~~~~~~~ ; - I . ~~aa~aaaa !' _g~!;l~8g8g8@ c~8~~2 N I! IW......... <") ~ I I~ w w '""' J r-L'I ~ I - .. ~ 1 W J .. j j ;: .~ i I i I II i~ , I ~~ : l~! a : ii ~ ~ l~, ~ 0( II I- '<I f1 tijl ~ !~I ~ II 2. ILL___"-_. l-it!:!1 . , . >;! 0 s< a 0:'< I ~ C::S 'fn ~ 'W- ~Ulm p~ ~ ~Ig,~i Hi ! ~ti a ~ 0 <(zl~I~I,.. j;",. - ">= ~ ~! ~ @ ~ ~ LL. U) ~. i ~ ~ 111 ~ :"I~!~ i! i <( <h U> Z ',... (!) ._ . -....z' I tON"> ~Z~ r. "I o ~ oLl I ~ ~I~! !~ I ~i ~ ~ g ~ e I ,9::) !l i U> ~ .... Cl::i I'~ 8' I ::l! <( O! t- wL iii ~ - g :' li.._~'~! I S!! ~ to ~ 0 0 i~ '~I I I I ~ ~ Ii, III il~ ! ; II ' ;!i 111 ! I i ~ ... S.llf i'fi : iiil jl o fl I ~ 8 g 8 8 8 8 I-I' j ~ ~ ~ g ... ~ fi.i! N to !!o </). ~ gj ;:c. .... </). OJ 8 8 g g 8 U> I~ I ~ 8 -0000- J ~ of~~~~~~~~~ _ "V 0 (:) 0 0 -0 0 __ i;"l,I o ~ ... 888888888 _5~gggg~~g~ .E~~ 5t~~~ fl.....</). .....,,0.., :r II> '8 ~ 0:: <0 M '" ~ ." 8 g j 1.1 I iii III 8 ~ ~ ~ '" .... 8 ~ 8 z; 8 * j g I ~ ~ J" lli . % i ~i a 0 ~ <( ~ 8 d ." 8 is? 8 d lj) ~ ! I~ I ~ I~ i ~ j <i1 ~ 1 j -r 8 I ;_ l~ f J; I ~ J ~ I I 8 8 ~ !iii ." -t z ., o 0 a ~ "'j' ~ g ; i g ~ <( <I> i ! a 0 ::lIt L ~ 2 ~!I as j <( <J'> 0- o ~ ~ ~ a ~ ~ a. ) ~ o 5 is CI) ....!:!! ~mj ~~& ilt - I ~ -a :2 ~ j ! ! ~ j i i j ~ ...." ;;ii1 ~~ '6i...~ OJ ~ i I ~ ~! ~ ~<<:z: (!)! t: ~ U III .aD 8 i .. o :2 ~ III < 'C OlSQ. .S! :l III c s .B ~ ~ 2 a.:iE~ Ii! d'l 8 9 ~' ~ ;III~- ~ ~ ,n- ~ & : I j I. E 1;1 I 1 I ~ = ... ~ 1-- +- S ' g < )( ~ :8 8 ~ ~ ~ ~ o '" 8 ~ 0; '" ~ ....'1. ~::l :;l$ '" '" .. -E ~ ~ 5 III 0 u.. Z ~~ .. ~li -S - 0 5 ~~-i'- Q.Q:cil jj~g ~~~; 0:.0:.0;2 ! i~~ii ~~MM .. & ~ & ~. ~~~~ ............ I ,,; en ...; ...; .. \f.1;';\!:i..\S ~~~~ 0::; 0::; 0::; 0::; ~ ::l :J ::l 1:8888 5 ~ ~ ~ ~ S 0::; 0::; 0::; C '-:--1 I- < ~ ~ ~ ~ <<<< ............ ...... ....... zzzz ~ 'tI .:..: g ... CIl I\l lIle ~ I~~~ -]Q~ <I~~ J.... IS: ~ ~ ~ ~ .9 :d2 ! i , , i ! , i 1 ; I I I ~ ! ~ ~ Z ~i ~ I!I g i~1 j <~li ce, l~, ~ z, a=:; 1_ <( I 211..J~-~ u. O::~~ II i ~-g~8~8 003 ~l<J> ~ o~... ! , LU -< ~ ' o 0 it~ z (!) w' ~('I~l , ~~~ ' l! ~-~ OCl)o ::;):1: ::I:I~.... I J ~II~; ~ 0::'1 .!l 8 9 I~j w ! L&., 121 ~ I ! 'ml~l ! 11 I ~ s:, ! ,1 I II~ ! ~i! i ~ 111 i i iii I Iffj N cD j ;o~ I 1 ~>-!i3 .: I :() ~ I .1 . X ~ w I ~.- . I t I J J l! . i. ~ i ~ ! ~ i -::1 9 --0 ~ 0 0 0 0 0 ~ ... ~I; ... wRI~!~~~~~~~ o C'l II? r-. .... 888888888 ~~@@ggggg~ :Egdc-jd N Q 0' oq" <') <') 0 t-;A.,.(J)-("') LO i: -(,1)0<<1> <r) II> ~ u f~ I ~ 8 g .--~ -- 8 8888 ~ ii~~~g ~ "',~~<'">~ W. Il<t>ij)q> 8 8 ~ g 8' w -= 2,;!i 00-0 iil111 ~ ~ ~ ~ ,~~~~~ !.< I.J> <U). II? "" .., =~ ... !3!38!3 aiicrlLfi' 10 , .fJ'Jr (I')- <I> ~i< <J> I I LO '<t 0 0 ~~ -0000- ~ i .... ::> nf~~~~~~~~~ .0::: -oOOOO-oO~('ol D - .- 888888888 !~gggg@~~~ ]80 g~d"":: ~~~ w.us.u;.(i) % II> 8 d <J> ~ I:~ j i 8 o U> 8 g S .., U> II 8 d if> 8 ~ 8 w 8 il! ~ 8 ~ d '<l' <n- , 0 0 ~j ~ .( 0- o 0 0 :i ~ !lol ~ 8 ~ I g i< ." 9 ::>, ::> o 0 0 0- .. !3$h ~ i 113 i,! <n- I ~l~ I -I -a 1 I g o g I 41 _ ~ E ~ ,Ilj ~ ja. ;:~~ !:e~ j~!J - 0 & i Cl g 1 ~ ....;w ~'m ttli I I - I ::J UJ !Ri ~ :3 - 8 ~ 0: ;:; ~ 8 d <n- 8 ~ ~ ~ ji ~ ,t') '<n i 8 Ii ~ ! I~ i I 1<< := z j I Jr-r- 0- ~ i . Ii I J'1 ~ I _1_ I 1--, ~ I d I w ~ I~ wj!: ~ ~ ~ .2 ~ j E 2 I ~ OJ '= I l:::: 5 1 :;; ~ ~ ' )( ~ 8 ~ 8 '" w- : I I I ' , 08 ~o: '" - .....~ M 12 :;l<n- '" <I> -- ~ ~ ... ~ "0 ! - i!! .. E ~ ~ R. g ~ ~ fi I~; (,! 0 il -< ~~~~ a.a.O... 6;~Gf.:i' xa'6x ~ >:: >< ~, ~~~~. i/......."f"Ioo-l'""wo~ ~~:?:?l @~gg '''It''q''Q'V ui<lictiuj !6\S\S16 .?:.?:.?:1>:- c c c C ::> ::l ::l ::> o 0 0 0 cUuuu ~ ~ ~ ~ ~ I E'::t:t:.:: -.-:.- - -< ~ ~ ~ ~: ~~~~ zzzz 9 ~ '5 f '5G ~~ i o~.. i 0 ~ ~ ~l t~1 ~:: 8J;.2 ~I- ljl~ gj I l:::: ~ ] i - ~ G tOE E ~ 0 8 8~1.s ..!2:l .e :<~-i... ~~o~ ~~ ::!d2 ~ I ~a~ 1 <"'J i :() ~ I ): i al I f---, i R~ ,I i J 8 -.i ;;; ~ -0 i <J> ~- ~ -a Do! s z 1< ... 01 :~ ~ - ....... 0 <I !~ '6 .0:: 122: ~ O I~ a.. Ii]!:!! a::~~ O::E: g. o~~ w <~ I ~Ig~ ! < >0_ zo::% : _I&l~ LL. ;:: 122: ..1\ .....I~ ""' Wi.... Z c,.... u; ~i~ ::::) _ o:n o CI):;:) :I:8g : <( ::E:1tj ~! c. 19 :;:)1 iil. 'I'w 01' or jE 0 ii! ~- ~ : !~I ~ :0.=. ._ I il:!:! 1 i :! I 9-.oS:!ooooo~ "':S1 I"- wJIP~~UUU 888888888 _t!gggggggg@ c .g,.1 ~ ~ g ~ .....!:U).;.:;~ .0 :i3j I r II u I ~ 1 ili ~ 8 o <n- ~ ~ 8 8 8 8 11~~~g <lI t! (!, ~ ~ g::j :t ill <J> <J> ~ II '" ili :! 8 8 ~g 8' <n- llo ~ g ~ g i!105 .a i -< W ~ :il o 0- 0 il~~~~ . co II) ll) ll) i..cCl)~~q) <(1 "" <'"> J:! => 1l ::. .. ~!3g13 lliiro1O .n Ilfhm (I) ~~ LO "ll' o 0 , ol,.:~ c' ~l 51 CD & "8 ..9 C5 CD E tl % A. s: ~cn imJ im . Ii I Iff j ~!~ .... _0000,..... ~ -;:;; I ~ ~ ~ ~ ~ ~ a ~ ~ ,a ::: '0 0 0 0 0 "0 0 ~ ("I ~8 /f!. 888888888 -~~gggg~~~~ 5!g!2 ~~g~ S. .... <h <1'> (f) <J> (f) is: I'" 8 o <l> '" 2 I t :B iii ~ 8 ~ ....:: 0- U) (f) II 8 ~ 8 W 8 I ~ ~ . ili ! ~i ~ < o 0 0- 8 d w 8 o <T> 8 ~ ~ <T> :i € => o 0 0 .. !3g ~ I g i < <I). ~ =>t o 0 0 !3g 5; i g ~i<l> 0- ~ ; ~ 0 ~ i on ....!!! ~gl ~ ~ I' I CD ~ is - '5 I Ii: i I If I . 19 j ! li f ~ ~ '5~"'~ 0- I~jj il 8 <> ~ .., g ~ 8 g ~ ~ ~ ! J ~_.f--. 8 ... ~ I ,'!J ! I IW ~ ! - ~-- l "2 S 0- l!" ! A- J- ~ &! 9 ~ I ~ ! ~ 'U QI iti 8 :it .. (),gB R. -< it gE! c ~ .2 ~ ~ ~ l.:E~ , ! 8 ~ ~ w , 1- :~ : 0.., :<1:, i~: , I ~ ..,. N <') U) <I> ~ ~ ~ o ~ E 0-' ~ tll I ~ M :;:;:: 8 ~ g C\I <I> 08 o . .0- 0\ ~ ....<q ,., "" . '" ,., co ,.,<J> <D <f> ~ N ~ U)o .. ~ ~ Lt- g -g E' ~ 20. !i l ~-::-iu..- "2iB - - :;I ,~.~ ~ ; ~!E'{j3! ~HH~ ~ ~"C'tl"C :::,~~€ aI!~~~~ gggg ~~~~ "I:f oq "'=I' -q'" <4uiujui 16161016 ~%-E% :J :J :J ::J c8888 ~ g ~ 8 g E c: c: c: C <0000 ::::;:;:::;:;:::;:;:: ~~~~ zzzz ~ 'tJ ~ I QI ~ ~ I_~l: <~~t..J i!:'i &~ ~.9:Ee ~ E>lHl~IT.B .. Exhibit C CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Name of Local Government: MONROE COUNTY (1) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes. (2) All SIDP funds wiH be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap. or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for awards. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity) will be unable to comply with the provisions the plan, (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. (8) The plan conforms to the Local Government Comprehensive Plan. or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. (9) Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities such as interest earned on loans. (11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted bylaw. (12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to the Corporation as soon as available. 13) An interlocal entity shall have its local housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation as soon as possible. 1 October 2lllI3 Exhibit C Page 2 Certification (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LllITC) Program shall comply with the income, affordability and other LllITC requirements. Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental Units constructed or rehabilitated with SffiP funds shall be monitored at least annually for 15 years for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e) (18) The Plan meets the requirements of Section 420-907~9079 FS, and Rule Chapter 67-37 FAC, and how each of those requirements shall be met. (19) The provisions of Chapter 83-220, Laws of Florida _has or '\/"has not been implemented. ,&~ or designee Witness n~uin P R;~p, M~ynr Prn TQm Type Name and Title Witness A f:Jr," ;;L/, .:J 00 L} , ~/'~ ',,,~~.. "'!;vT' AJ ~noN " " I v" EY o Date . '.E ~, HUTTON ~ ~/,';y ATTORNEY ---7/ / ~ fl.!/- 2 Oclober2003 EXHIBIT D BOARD OF COUNTY COMl\fiSSIONERS AGENDAITEMSUMMARY' Meeting Date: April 21, 2004 Division: Monroe County Housing Authority Bulk Item: Yes X No Department: AGENDA ITEM WORDING: A RESOLUTION OF TIffi BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA APPROVING MONROE COUNTY'S LOCAL HOUSING ASSISTANCE PLAN FOR STATE OF FLORIDA FISCAL YEARS 2004~2005, 2005-2006, 2006-2007 AS REQUIRED UNDER 420.907-420.9079, FLORIDA STATUTES; AND RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION ITEM BACKGROUND: Florida Statute and Administrative Code require the submission of a Local Housing Assistance Plan in conjunction with the administration of the State Housing Initiatives Partnership (SIDP) Program. Plans must meet the parameters established within Statue/Rule: The benefit of assistance provided through the SHIP Program must accrue to eligible persons occupying eligible housing; 65% of funds must be expended in support of homeownership; 75% of funds must be expended in support of construction activities. The current LHAP was modified in 2003 and the strategies, award maximums and terms of assistance for the proposed plan are unchanged. PREVIOUS RELEVANT BOCC ACTION: Approval by Resolution of prior Monroe County Local Housing Assistance Plans and Plan Amendments beginning in 1993. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDA nON: Approve TOT AI.. COST: $-0- BUDGETED: Yes No COST TO COUNTY: $-0- SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No X AMOUNT PER: Month Year APPROVED BY: County Attny. ~ OMBlPurchasing _ Risk Management_ DNISION DIRECTOR APPROVAL: J. Manuel Castillo, Sr., Executive Director Monroe County Housing Authority Exhibit E STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INFORMATION SHEET SHIP ADMINISTRATOR: ADDRESS: MONROE COUNTY MA YOR MURRAY NELSON ADDRESS: 99198 OVERSEAS HIGHWAY, KEY LARGO, FLORIDA 33040 MARK BELL SPECIAL PROGRAMS OFFICE 1403 121H STREET, KEY WEST. FLORIDA 33040 FAX:( 305) 292-1162 bellm@kwha.org RICHARD CASEY, JR, 1403 121H STREET, KEY WEST, FLORDIA 33040 LOCAL GOVERNMENT: CHIEF ELECTED OFFICIAL (Mayor. Cllairman, etc,): TELEPHONE: (305) 292-1221 EMAIL ADDRESS: ADDITIONAL SHIP CONTACTS: ADDRESS: TELEPHONE: (305) 292-1221 EMAU... ADDRESS: FAX: (305)292-1162 caseyr@kwha.org INTERLOCAL AGREEMENT: YES~ (IF yes, list other participants in the inter-local agreement): The following information must be furnished to the Corporation before any funds can be disbursed. LOCAL GOVERNMENT EMPLOYER FEDERAL ID NUMBER: 59.6000749 MAIL DISBURSEMENT TO: ADDRESS: OR:IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM: ~ NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED. Provide any additional updates the Corporation should be aware of in the space below: Please return this fonn to: SHIP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000 TALLAHASSEE, FL 32301 Fax: (850) 922-7253