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Item N1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 21,2005 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 PROVIDING FOR A PARTIAL RELEASE OF MORTGAGE FOR PROPERTY ENCUMl3ERED BY A MORTGAGE TO MONROE COUNTY IN CONJUNCTION WITH THE MONROE COUNTY STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM. ITEM BACKGROUND: In March, 1995, the Monroe County SHIP Program provided funding in the amount of $27,000 for the rehabilitation to affordable rental property located at 720, 744, 746 50th Street, Gulf, Marathon. 1I15th of the principal balance is forgiven annually and the current principal balance is $8,991.00. The Owner requests a Partial Release of Mortgage in order to (1) demolish a unit; (2) construction of a new affordable housing unit subject to the existing mortgage as well as a 50 year Affordable Housing Deed Restriction; (3) subordination of existing mortgage on Lot 11 for construction loan; and (4) release of mortgage on remaining Lot 11 to allow construction of the market rate unit. PREVIOUS RELEVANT BOCC ACTION: NtA CONTRACT/AGREEMENT CHANGES: Nt 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 APPROVED BY: County Attny. ~O AMOUNT PER: Month Year DIVISION DIRECTOR APPROVAL: Risk Management_ ( nuel Castillo, Sr., Executive Director Monroe County Housing Authority DOCUMENTATION: Included X To Follow Not Required_ DISPOSITION: AGENDA ITEM # RESOLUTION - 2005 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA PROVIDING FOR A SUBORDINATION OF MORTGAGE FOR PROPERTY ENCUMBERED BY A MORTGAGE TO MONROE COUNTY IN CONJUNCTION WITH THE MONROE COUNTY STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM. WHEREAS, the Monroe County State Housing Initiatives Partnership Program contributed funding in the amount of $27,000 for rehabilitation of 3 rental apartments located at 720, 744, 746 50th Street, Gulf, Marathon, Florida, and; WHEREAS, in consideration of said funding Monroe County placed a subordinate (2nd position) mortgage lien on the property for a term of fifteen (15) years subject to a forgiveness of principal at the rate of 15% annually, with a remaining principal balance of $8,991.00, and; WHEREAS, the owner now desires to demolish the unit presently identified as unit 744 50th Street, and; WHEREAS, the owner now desires to construct a new affordable housing unit on the Northerly Y2 of Lot 11, Block 2, Vaca Village subject to the existing SHIP mortgage and the affordability restrictions contained within the existing SHIP mortgage as well as a 50 year Affordable Housing Deed Restriction, and; WHEREAS, the owner requests the subordination of the existing SHIP mortgage on Lot 11 for a construction loan; and WHEREAS, the release of the SHIP mortgage on the Southerly Y2 of Lot 11 to allow the construction of the rate unit. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County, Florida, that the County hereby: Hereby authorizes the County Administrator to execute a Partial Release of Mortgage, attached hereto as "Exhibit At>, 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., 2005 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor Spehar Commissioner Nelson Commissioner Neugent Commissioner McCoy Commissioner Rice By: Mayor Spehar SEAL ATfEST: ~ Approved as to form aIlll1eg.1 ,nffi<iOROY: . Date: # c7 ^'f: PARTIAL RELEASE OF MORTGAGE The undersigned representing MONROE COUNTY, a political subdivision of the State of Florida, through the Monroe County Housing Authority, Rental Rehabilitation Program of 1400 Kennedy Drive, Key West, Florida, 33040 as owner and holder of that certain mortgage dated March 10, 1995, executed by FRANKLIN D. GREENMAN and JUDY B. GREENMAN, mortgagor to the Monroe County Housing Authority, Rental Rehabilitation Program, mortgagee, and recorded on March 11, 1995, in the office of the Clerk of the Court of Monroe County, state of Florida in Official Book 1393 at page 564, of the Public Records of Monroe County, Florida, and hereby certifies that such mortgage is as to all that part of the mortgaged premises described as follows: The Southerly 1;2 of Lot 11, Block 2, V ACA VILLAGE, according to the plat thereof as recorded in Plat Book 2, page 106 of the Public Records of Monroe County, Florida fully paid, satisfied, released, and discharged. This release is given on the express condition that it shall in no way affect the lien of the aforementioned mortgage on the remaining property described in the mortgage, but shall only be construed as a release from the lien of the mortgage as to the property above described. IN WITNESS THEREOF, the undersigned has executed this partial release this ,2005. day of MONROE COUNTY By: Witness Printed Name: SUZANNE . H nON ASSISTANT ~~ tPORNEY Dale ~ f. (). STA TE OF FLORIDA COUNTY OF MONROE Witness Printed Name: I HEREBY CERTIFY that on this _ day of ,2005, before me, an officer duly qualified to take acknowledgments, personally appeared to me known to be the personls described in and who executed the foregoing instrument and acknowledged before me and that he/they executed the same. Driver License/s shown as identification. SEAL Notary Public Signature Printed Name of Notary Commission No: My Commission Expires: