Loading...
Item G3 G.3 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting May 22, 2019 Agenda Item Number: G.3 Agenda Item Summary #5603 BULK ITEM: No DEPARTMENT: Land Authority Governing Board TIME APPROXIMATE: STAFF CONTACT: Charles Pattison (305) 295-5180 9:15 AM Land Authority AGENDA ITEM WORDING: Approval of a resolution rescinding Resolution 01-2019 and authorizing the assumption and subordination of the Land Authority's mortgage loan for the Tradewinds Hammock Apartments affordable housing development provided the total debt owed to the primary lender and the Florida Housing Finance Corporation is substantially as originally stated and does not exceed $6,650,000. ITEM BACKGROUND: Tradewinds Hammock Apartments is a 66-unit affordable housing development at 100 Hammock Trail on the ocean side of Key Largo near MM 101. The development was originally financed by a private mortgage loan in first lien position, a $2,900,000 HOME loan in second lien position from Florida Housing Finance Corporation and a $1,089,000 mortgage loan in third lien position from the Land Authority. Last year Rural Neighborhoods, Incorporated (RNI) entered into an agreement to purchase the development from Tradewinds Hammocks, Ltd. for the price of $7,100,000 and requested approval to assume the Land Authority loan and to have the Land Authority subordinate its loan to a private first mortgage in an amount of up to $3,750,000. The Land Authority approved this request with conditions as memorialized in Resolution 01-2019. As the parties prepare to close the transaction, there has been a $200,000 shift of proposed financing. RNI plans to pay down the HOME loan balance from $2.9 million to $2.7 million and increase the private first mortgage loan from $3,750,000 to $3,950,000 with no change in the $6,650,000 total debt authorized by Resolution 01-2019 to be superior to the Land Authority mortgage loan. The proposed resolution will authorize this financing shift or any other financing shift that is substantially as originally stated and does not exceed $6,650,000 of total debt superior to the Land Authority mortgage loan. ADVISORY COMMITTEE ACTION: On December 19, 2018 the Committee voted 510 to approve Resolution 01-2019. On April 24, 2019 the Committee voted 510 to authorize changes to the primary loan and HOME loan amounts provided they remain substantially as originally stated and the combined debt of the primary loan and the HOME loan does not exceed the originally approved amount of$6,650,000. Packet Pg. 1514 G.3 PREVIOUS RELEVANT BOCC ACTION: On January 23, 2019 the Board approved Resolution 01-2019. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: ProposedResolution ResolutionO l-2019 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Charles Pattison Completed 05/07/2019 4:41 PM Kathy Peters Completed 05/07/2019 7:40 PM Board of County Commissioners Pending 05/22/2019 9:00 AM Packet Pg. 1515 G.3.a RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY g COMPREHENSIVE PLAN LAND AUTHORITY RESCINDING RESOLUTION 01-2019 AND AUTHORIZING THE ASSUMPTION AND SUBORDINATION OF THE LAND AUTHORITY'S MORTGAGE LOAN FOR THE TRADEWINDS HAMMOCK APARTMENTS AFFORDABLE HOUSING DEVELOPMENT PROVIDED THE TOTAL DEBT OWED TO THE PRIMARY LENDER AND THE FLORIDA HOUSING FINANCE 0 CORPORATION IS SUBSTANTIALLY AS ORIGINALLY STATED AND DOES NOT EXCEED $6,650,000. WHEREAS, Tradewinds Hammock Apartments is a 66-unit development of affordable rental housing located at 100 Hammocks Trail on Key Largo available to persons of low and very low income levels; and WHEREAS, in 2000 the Land Authority issued a 50-year, zero interest, mortgage loan to Tradewinds Hammocks, Ltd. in the amount of $1,089,000 to subsidize the land cost of said U) development; and a WHEREAS, in 2005 the Land Authority's loan was in third lien position behind $4,401,000 of debt consisting of a $1,501,000 loan in favor of MMA Mortgage Investment Corporation and a $2,900,000 HOME loan in favor of Florida Housing Finance Corporation; and WHEREAS, Rural Neighborhoods, Incorporated, a Florida not-for-profit corporation and IRS 501(c)3 tax-exempt organization has entered into an agreement to purchase Tradewinds Hammock Apartments from Tradewinds Hammocks, Ltd. for the price of$7,100,000; and WHEREAS, to finance this purchase, Rural Neighborhoods, Incorporated is seeking a private 0 first mortgage loan in an amount of up to $3,950,000; 4- WHEREAS, Rural Neighborhoods, Incorporated requests authorization to assume the $1,089,000 Land Authority loan and to have the Land Authority subordinate its loan to said private first mortgage loan; and WHEREAS, if said request is approved, the Land Authority's loan will be in third lien position behind up to $6,650,000 of debt consisting of a first mortgage loan of up to $3,950,000 and the g $2,700,000 balance of the HOME loan in favor of Florida Housing Finance Corporation; and 0 U) WHEREAS, the Board finds this financing is substantially the same as the original proposal from Rural Neighborhoods, Incorporated recited in Land Authority Resolution 01-2019 (up to $6,650,000 of debt consisting of a first mortgage loan of up to $3,750,000 and the existing 0. $2,900,000 HOME loan in favor of Florida Housing Finance Corporation); and a. WHEREAS, on April 24, 2019 the Land Authority Advisory Committee voted 5/0 to authorize changes to the primary loan and HOME loan amounts provided they remain substantially as originally stated and the combined debt of the primary loan and the HOME loan does not exceed the originally approved amount of$6,650,000; NOW, THEREFORE, Page 1 of 2 Packet Pg. 1516 G.3.a BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY: Section 1. The Land Authority hereby authorizes Rural Neighborhoods, Incorporated to assume the $1,089,000 Land Authority loan. 0 Section 2. The Land Authority hereby authorizes subordination of its $1,089,000 loan to a private first mortgage and the Florida Housing Finance Corporation HOME loan, provided the amounts of said superior loans remain substantially as originally stated and do not exceed a total $6,650,000. 0 Section 3. The Land Authority hereby adopts the following conditions to this consideration: a) Inclusion of affordable housing restrictions running in favor of Monroe County with a term of 0 at least 99 years; and b) Approval of the Florida Housing Finance Corporation's underwriting and its consent to the assumption of the HOME loan in full or in part. 0 Section 4. The Chairman of the Land Authority Governing Board is authorized to execute the documents necessary to implement the assumption and subordination authorized by this Resolution provided said documents are acceptable to the Land Authority's legal counsel. U) Section 5. Resolution 01-2019 is hereby rescinded. PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this day of 2019. Chairman Heather Carruthers Vice Chairman David Rice Commissioner Michelle Coldiron Commissioner Danny Kolhage Mayor Sylvia Murphy 4- 0 (Seal) 0 ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY 0 U) Charles G. Pattison Heather Carruthers Executive Director Chairman 0. a. Approved as to form and legality: Adele V. Stones, Esquire Page 2 of 2 Packet Pg. 1517 G.3.b RESOLUTION NO. 01-2019 A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING THE ASSUMPTION AND SUBORDINATION OF THE LAND AUTHORITY'S MORTGAGE LOAN FOR THE TRADEWINDS HAMMOCK APARTMENTS AFFORDABLE HOUSING DEVELOPMENT. 0 WHEREAS, Tradewinds Hammock Apartments is a 66-unit development of affordable rental U) housing located at 100 Hammocks Trail on Key Largo available to persons of low and very low income levels; and E WHEREAS, in 2000 the Land Authority issued a 50-year, zero interest, mortgage loan to Tradewinds Hammocks, Ltd. in the amount of $1,089,000 to subsidize the land cost of said development; and WHEREAS, in 2005 the Land Authority's loan was in third lien position behind $4,401,000 of debt consisting of a $1,501,000 loan in favor of MMA Mortgage Investment Corporation and a $2,900,000 HOME loan in favor of Florida Housing Finance Corporation; and a WHEREAS, Rural Neighborhoods, Incorporated, a Florida not-for-profit corporation and IRS 501(c)3 tax-exempt organization has entered into an agreement to purchase Tradewinds Hammock Apartments from Tradewinds Hammocks, Ltd. for the price of $7,100,000 with a closing date of March 31, 2019; and WHEREAS, to finance this purchase, Rural Neighborhoods, Incorporated is seeking a private first mortgage loan in an amount of up to $3,750,000; WHEREAS, Rural Neighborhoods, Incorporated requests authorization to assume the $1,089,000 Land Authority loan and to have the Land Authority subordinate its loan to said private first mortgage loan; and 4- 0 WHEREAS, if said request is approved, the Land Authority's loan will be in third lien position @ behind up to $6,650,000 of debt consisting of a first mortgage loan of up to $3,750,000 and the existing $2,900,000 HOME loan in favor of Florida Housing Finance Corporation; and WHEREAS, the Land Authority Advisory Committee considered this resolution on December 19, 2018 and voted 5-0 to recommend approval with conditions; NOW THEREFORE N BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY: Section 1. The Land Authority hereby authorizes Rural Neighborhoods, Incorporated to assume the $1,089,000 Land Authority loan. U) Section 2. The Land Authority hereby authorizes subordination of its $1,089,000 loan to a private first mortgage in an amount not to exceed $3,750,000. Section 3. The Land Authority hereby adopts the following conditions to this consideration: (a) Inclusion of affordable housing restrictions running in favor of Monroe County with a term of at least 99 years; and Page 1 of 2 Packet Pg. 1518 (b) Approval of the Florida Housing Finance Corporation's undanwriting, approval of the sale, and its consent to the assumption of the Florida Housing Finance Housing Corporation's HOME Loan. SectkonL4. The Chairman of the Land Authority Governing Board is authorized to execute the � documents necessary to implement the assumption and subordination authorized by this Resolution provided said documents are acceptable to the Land Authority's legal counsel. PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at o o � regular meeting onthis 23rd day of January 2019, Chairman Heather Carruthers _YeL_ Vice Chairman David Rice _Yes__ cL � Commissioner Michelle Co|diron _Yes�_ Commissioner Danny Ko|haQe -2is_ Commissioner Sylvia Murphy -Yca_- ATTEGT: MONR{)E COUNTY COMPREHENSIVE +- PLANLANOAUTHOR|TY ChedesG, Pattiaun Executive Director Cha|n�anH�s�her {�erruthera ^ �~ = � Approved aeto form and legality: '^~—Jd—c=u � Ade|eV. 8tunea, Esquire N Page 2of2