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Item F3LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date:Department: February 10, 2016Land Authority Bulk Item:Staff Contact / Phone #: Yes No XMark Rosch / 295-5180 __________________________________________________________________________________ Agenda Item Wording: Approval of a resolution adding a portion of PearyCourt in Key West to the Acquisition List and authorizing funding toward the City of Key West’s purchase of said property for affordable housing. __________________________________________________________________________________ Item Background: The Key West City Commission is considering purchasing a portion of Peary Court in Key West for affordable workforce housing. The proposed transaction calls for the City to purchase 157 existing units and the rights to build 3 additional units (for a total of 160units) together with a perpetual affordable housing deed restriction encumbering 48 units the Seller is preparing to build. The proposed purchase price is $55 million, of which the City proposes to pay using $10 million of Land Authority funds and $45 million from the sale of revenue bonds. Both the acquisition of the property and the issuance of the bonds are subject to approval by Key West voterson March 15, 2016.The Southeast Florida Regional Climate Change Compact 50-year sea level rise projectionis 14 to 26 inches by the year 2060. In the event of a 24-inch increase in sea level, estimates provided by the South Florida Water Management District indicate approximately 11% of Peary Court will have a 25.1% to 100% probability of being inundated. The Key West City Commission has nominated the subject property and requested $10 million via Resolution 16-041. The requested funds would come from the $12.2 million the Land Authorityhas budgeted for acquisitions in Key West. These funds consist of tourist impact tax collected in Key West andstatutorily restricted for use in Key West. __________________________________________________________________________________ Advisory Committee Action: On January 21, 2016the Committee voted 5/0toapprove this resolution. __________________________________________________________________________________ Previous Governing Board Action: None. __________________________________________________________________________________ Contract/Agreement Changes: N/A __________________________________________________________________________________ Staff Recommendation: Approval __________________________________________________________________________________ Total Cost:Indirect Cost:Budgeted: $10,000,000$______Yes X No . Cost to Land Authority:Source of Funds: $10,000,000Land Authority (Tourist Impact Tax collected in Key West) Revenue Producing:Amount per Month:Year: Yes No X________ ________ Approved By: Attorney XCounty Land Steward . Documentation: Included: XNot Required: . Disposition: Agenda Item ____ Aerial Photograph of Subject Property Peary Court Key West RESOLUTION NO. ___________ A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY ADDING A PORTION OF PEARY COURT IN KEY WEST TO THE ACQUSITION LIST AND AUTHORIZING FUNDING TOWARD THE CITY OF KEY WEST’S PURCHASE OF SAID PROPERTY FOR AFFORDABLE HOUSING. ______________________________________________ WHEREAS, section 380.0666(3), Florida Statutes and section 2-398Monroe County Code empower the Monroe County Comprehensive Plan Land Authority (hereinafter “Land Authority”) to acquire and disposeof interests in real property for the purpose of providing affordable housing; and WHEREAS, on December 10, 2015, Key West City Commission approved Ordinance No. 15- 15, which calls for a referendum to be placed on the ballot for the March 15, 2016 election regarding whether the City of Key West (hereinafter “City”) should acquire that portion of Peary Court containing 157 existing dwelling units (hereinafter “Subject Property”) for the purpose of providing workforce housing;and WHEREAS, the City has nominated the Subject Property for inclusion on the Land Authority Acquisition List and requests $10,000,000toward the purchase of the Subject Property via Resolution 16-041; and WHEREAS, the Land Authority Advisory Committee considered this resolution at ameeting held on January 21, 2016and voted 5/0to recommend approval;NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY: Section 1. The Subject Property is hereby added to the Land Authority AcquisitionListas an affordable housing site. Section 2.At closing, the Land Authority Executive Director is authorized to disburse $10,000,000 toward the City of Key West’s purchase of the Subject Property provided the City’s title to the Subject Property is restricted by the affordability covenants in Exhibit A. Page 1of 2 Section 3. This authorization of funding shall expire on January 21, 2017, unless extended by the Land Authority. PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this _____day of _______________, 2016. MayorHeather Carruthers_____ Vice ChairmanDanny Kolhage_____ CommissionerSylvia Murphy_____ CommissionerGeorge Neugent_____ ChairmanDavid Rice_____ (Seal) ATTEST:MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY ________________________________________________ Mark J. RoschDavid P. Rice Executive DirectorChairman Approved as to form and legality: ________________________ Adele V. Stones, Esquire Page 2of 2 EXHIBIT A AFFORDABILITY COVENENTS Subject to the following restrictions imposed by and which run in favor of the Monroe County Comprehensive Plan Land Authority, a land authority under Section 380.0663(1), Florida Statutes and Monroe County OrdinanceNo.031-1986. 1.Term. These affordability covenants are perpetual, run with the land, and are binding on all present and subsequent owners and mortgagees. 2.Property Use. Use of the property shall be restricted to the provision of affordable housing as definedin section 380.0666(3), Florida Statutes. APPRAISALREPORT PropertyType: 157UNITRESIDENTIALMULTI-FAMILYAPARTMENTCOMPLEX CommonlyKnownAs: PearyCourtAtKeyWest 541WS HITETREET KeyWest,Florida33040 PreparedFor: Mr.JamesK.Scholl,CityManager CityofKeyWest P.O.Box1409 KeyWest,FL33041-1409 ValuationDate: September18,2015 PreparedBy: JamesE.Wilson,MRICS,President State-certifiedgeneralappraiser RZ2164 APPRAISALCOMPANYOFKEYWEST 3144NorthsideDrive,Suite201 KeyWest,Florida33040 OURFILENO.: 220-15 October28,2015 Mr.JamesK.Scholl,CityManager CityofKeyWest P.O.Box1409 KeyWest,FL33040 Subject:AppraisalReportof: PearyCourtAtKeyWest 541WhiteStreet KeyWest,MonroeCounty,Florida33040 OurFileNo.:220-15 DearMr.Scholl: IhaveperformedanAppraisalReportandformedmyopinionofthe“AsIs”MarketValueofthe abovereferencedpropertyasofSeptember18,2015.Theassumptionsandtherealestatereferenced abovearemoreclearlydefinedintheGeneralandExtraordinaryAssumptionsandLimiting ConditionsplusinthePropertyDescriptionsectionofthisreport.TheattachedAppraisalReport hasbeenpreparedtocomplywithmyunderstandingoftherequirementsoftheUniformStandards ofProfessionalAppraisalPractice. Thesubjectpropertyislocatedinthe“OldTown”sectionofKeyWest,specificallyonthesoutherly sideofPalmAvenue,thesoutheasterlysideofEatonStreet,theeasterlysideofWhiteStreet,the northwesterlyborderoftheCityofKeyWestCemetery,thenorthwesterlysideofAngelaStreetand thesouthwesterlysideofEisenhowerDrive.Thesubjectpropertyissurroundedmostlyby residentialuseswithsomecommercialusesnearbyonWhiteStreetandtheGarrisonBightMarina onPalmAvenueandEisenhowerDrivetotheSoutheast.Thesubjectimprovementsarelocatedon apolygon,irregular-shaped,cornerparcelfrontingalongthesoutherlysideofPalmAvenue,the southeasterlysideofEatonStreet,theeasterlysideofStreetandthesouthwesterlysideof EisenhowerDriveforatotalsitesizeof1,053,434squarefeetor24.1835acres.Thesubjectsite, however,doesnotinclude2+acresinthemiddleofthesite,whichwillberetainedbythesellerfor developmentof48affordablehousingunits.Asaresult,thenetsubjectsiteareaisapproximately 22acres,or958,320squarefeet.Asurvey,performedbyF.H.Hildebrandt,IslandSurveying3152 NorthsideDrive,KeyWest,FL33040datedJanuary31,2012andasiteplanperformedbyAllen E.Perez,P.E.,PerezEngineeringandDevelopment,1010EastKennedyDriveSuite201,KeyWest, FL33040,datedJuly29,2015,wereutilizedforsitesize,dimensionsandbuildingmeasurements. Anydeviationsfromthesesizeswouldcouldresultinachangeinvalue. Mr.JamesK.Scholl,CityManager CityofKeyWest October28,2015 PageNo.2 Thesubjectpropertyconsistsof49,2-storywoodframetownhousebuildingscontaining157,2- bedroomnontransientresidential,units.Thetotalgrossrentablebuildingareaoftheentirecomplex is200,382squarefeet.Eachunithasaonecarportwithenclosedstorageareameasuring351square feet.Themulti-familydwellingswereconstructedin1996,accordingtotheMonroeCountyTax Appraiser’srecords.Onthetablebelow,asummaryofthesubjectbuildings,unitmixandgrossing buildingareasaredepicted: PearyCourtatKeyWest GrossLivingAreaCalculationsandUnitMix BuildingandNo.ofNo.ofNo.ofBldg.Gross Building#Bed/BathDescriptionBldgs.StoriesUnitsG.B.A.Rentable Bldg.TypeA4UnitTownhouse-2/1.51024051,44051,440 Bldg.TypeB3UnitTownhouse-2/1.528284108,024108,024 Bldg.TypeC2UnitTownhouse-2/1.53267,7167,716 Bldg.TypeD4UnitTownhousew/1H.C.-2/1.5,2/1321214,86214,862 Bldg.TypeE3UnitTownhousew/1H.C.-2/1.5,2/1521518,34018,340 Totals:49157200,382200,382 MarketValueisdefinedasthemostprobablepriceincash(oritsequivalency)forwhichthe appraisedpropertywillsellinacompetitivemarketunderallconditionsrequisitetoafairsale. Marketvalueassumesanormalorreasonabletimeforexposureontheopenmarket. Thisreportcontainstheresultsofmyinvestigationandanalysismadeinordertofurnishanestimate oftheMarketValueoftheFeeSimpleInterestofthepropertydescribedherein.TheFeeSimple Interestistheunencumberedvalueofthesubjectproperty;basically,marketrentsandtermsare consideredwithnoregardtoexistingleasesandterms.Sincetherearenolong-termleases encumberingthesubjectproperty,andasthetenantsarerentingonanannualbasisorless,aLeased Feevaluationwasnotapplicableinthecaseathand.Forty-eightoftheexisting157unitsaredeed restrictedasmoderateaffordablehousingunits;however,theserestrictionswillberemovedonce thenew48affordableunitsareconstructed(notpartofthisassignment).PertheCity’srequest,I havevaluedthesubjectasanapartmentcomplexwith157marketrateunitsandalsoas157units leasedasmoderateaffordable(work-force)housing.Thereaderiscautionedthatatitlesearchwas notmade;thus,nootherencumbrancesareconsideredherein. Mr.JamesK.Scholl,CityManager CityofKeyWest October28,2015 PageNo.3 Basedonanalysisofmarketdata,inspection,andresearch,itismyopinionthatthe“AsIs”Market ValueoftheFeeSimpleInterestofSubjectPropertycommonlyknownasthePearyCourtAtKey West,541WhiteStreet,KeyWest,MonroeCounty,Florida,subjecttomoderateaffordablehousing rentalrestrictionsforall157units,andalsosubjecttodefinitions,assumptionsandlimiting conditions,asofSeptember18,2015is: FIFTYTHREEMILLIONDOLLARS ($53,000,000) Inaddition,basedonanalysisofmarketdata,inspection,andresearch,itismyopinionthatthe“As Is”MarketValueoftheFeeSimpleInterestofSubjectPropertycommonlyknownasthePeary CourtAtKeyWest,541WhiteStreet,KeyWest,MonroeCounty,Florida,subjecttomarketrate rentalsall157units,andalsosubjecttodefinitions,assumptionsandlimitingconditions,asof September18,2015is: FIFTYSEVENMILLIONDOLLARS ($57,000,000) Finally,basedonresearchanalysisofmarketdata,sitevisitandresearch,itismyopinionthatthe “AsIs”MarketValue(DiscountedSellout/BulkSale)oftheSubjectPropertyknownasPearyCourt AtKeyWest,541WhiteStreet,subjecttodefinitions,assumptionsandlimitingconditions,asof September18,2015is: FIFTYSEVENMILLIONDOLLARS ($57,000,000) Thevaluationhereindoesnotconsideranyfixturesandequipmentotherthanthetypicalresidential kitchenapplianceswithintheapartments,whichIhaveestimatedtohaveacontributoryvalueof $120,000. Mr.JamesK.Scholl,CityManager CityofKeyWest October28,2015 PageNo.4 ASummaryofFactsandConclusionsisprovidedinthefrontofthisreportinPartI.The AssumptionsandLimitingConditions,aswellastheCertificationofValuemayalsobefoundin PartI.Ifyouhaveanyquestionsregardingthisappraisalreport,feelfreetocontactme.Thankyou forgivingmetheopportunitytoprovidethisserviceforyou. Respectfullysubmitted, JamesE.Wilson,MRICS,President State-certifiedgeneralappraiser RZ2164 AN APPRAISAL REPORT OF THE PEARY COURT APARTMENTS, A MIXED-INCOME APARTMENT COMPLEX LOCATED AT 541 WHITE STREET, KEY WEST, FLORIDA 33040 PREPARED FOR CITY OF KEY WEST 3132 FLAGLER AVENUE KEY WEST, FLORIDA 33040 ATTN: MR. JIM SCHOLL, CITY MANAGER LOCATION COORDINATES LONGITUDE: -81.79319 LATITUDE: 24.56086 DATE OF VALUATION SEPTEMBER 14, 2015 DATE OF REPORT OCTOBER 12, 2015 PREPARED BY MERIDIAN APPRAISAL GROUP, INC. ROBERT VON, PRESIDENT STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER RZ 1604 ERICA A. ERNST, ASSOCIATE APPRAISER STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER RZ 3560 1331 Sundial Point Winter Springs, Florida 32708 Tel 407.875.6933 Fax 407.875.1061 October 12, 2015 Mr. Jim Scholl, City Manager City of Key West 3132 Flagler Avenue Key West, Florida 33040 Re: Appraisal of the 157 unit mixed income apartment complex located at 541 White Street, Key West, . Florida 33040 Meridian File No: 15-PNI Dear Mr. Scholl: As requested, we have made the necessary investigations and analyses to appraise the Peary Court apartment complex built in 1996 and 95% occupied. The improvements consist of a 157 unit complex situated on a 24.18 acre site. The property is about 19 years old and appears to be in Average condition. As of the date of our inspection, all units were reportedly rentable. The property is considered a Class B improvement in the local area. Currently, the subject property sets aside 48 units designated as Work Force affordabOHKRXVLQJ7KHVXEMHFW·V Work Force Housing designation is designed to create moderate rents for the subject property, with each tenant required to have their income fall within a certain range (please see Addenda for Work Force Housing Rent and Income Limits). The current Work Force Housing rental rates vary per unit but average $2,325 per month. The City of Key West Housing Authority has proposed to operate the subject property as a 100% Work Force Housing project. The subject property is further described and identified by both legal and narrative descriptions within the text of the following appraisal report. The purpose of this appraisal was to estimate the market value of the Leased Fee interest in the subject property, as if an un-restricted market rate property and as proposed to be restricted as 100% Work Force Housing. Since the subject property is already at stabilization, we have provided the values of the property as is. We also valued the subject property as if it were a for-sale condominium project. The date of valuation is September 14, 2015. The intended use of this appraisal is for internal decision making. The intended user of this report is City of Key West to the attention of Jim Scholl, City Manager. No other use or users are intended. Market value, leased fee interest and other appraisal terms are defined within the text of the following appraisal report. General Assumptions and Limiting Conditions concerning the valuation of the subject property can be found following this section of the report. This is an Appraisal Report prepared under Standards Rule 2-2(a) and performed under Standard Rule 1 of the Uniform Standards of Professional Appraisal Practice (USPAP). We have formed the opinion that the hypothetical market value of the Leased Fee interest in the subject property DVDQXQUHVWULFWHGPDUNHWUHQWSURSHUW\LQLW·VDVLV condition, assuming any deferred maintenance is cured, including $157,000 in personal property, based on market conditions prevailing on September 14, 2015, was: M.JS R IM CHOLL O12,2015 CTOBER P2 AGE FIFTY SEVEN MILLION SEVENTY THOUSAND DOLLARS ($57,070,000)* We have formed the opinion that the hypothetical market value of the Leased Fee interest in the subject SURSHUW\DVSURSRVHGWREHUHVWULFWHGDV:RUNIRUFH+RXVLQJLQLW·VDVLVFRQGLWLRQDVVXPLQJDQ\GHIHUUHG maintenance is cured, including $157,000 in personal property, and with market financing, based on market conditions prevailing on September 14, 2015, was: FIFTY FOUR MILLION TWO HUNDRED TEN THOUSAND DOLLARS ($54,210,000)* We have formed the opinion that the hypothetical market value of the Leased Fee interest in the subject SURSHUW\DVDIRUVDOHFRQGRPLQLXPSURSHUW\LQLW·VDVLVFRQGLWLRQDVVXPLQJDQ\GHIHUUHGPDLQWHQDQFHLV cured, including $157,000 in personal property, based on market conditions prevailing on September 14, 2015, was: FIFTY THREE MILLION TWO HUNDRED TWENTY THOUSAND DOLLARS ($53,220,000) * The following report was prepared in conformity with the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute. As such, it conforms to the Uniform Standards of Professional Appraisal Practice (USPAP) that became effective January 1, 2015. This report meets or exceeds the guidelines of Federal, Financial Institutions Reform, Recovery and Enforcement Act of 1989 (Title XI of FIRREA) and subsequent updates, as issued by the Office of the Comptroller of Currency. Based upon the steps and investigations taken to appraise the subject property, we are of the opinion we have complied with the Competency Provision of USPAP, as required by the FIRREA Act of 1989 and subsequent updates. This letter of transmittal precedes the appraisal report, further describing the subject property and containing the reasoning and pertinent data leading to the final value estimates. Respectfully submitted, Meridian Appraisal Group, Inc. Robert Von, President State-Certified General Real Estate Appraiser RZ 1604 Erica A. Ernst, Associate Appraiser State-Certified General Real Estate Appraiser RZ 3560 RV:EAE:dmh