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Item C2 LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: April 20, 2000 Bulk Item: Yes No X Department: Land Authority Agenda Item Wording: Approval of a resolution amending Resolution 02-2000 regarding the Tradewinds Hammocks affordable housing development on Key Largo, Item Background: On February 28, 2000 the Board approved Resolution 02-2000 authorizing a zero- interest, 50-year mortgage from the Land Authority in the amount of $1,089,000 and authorizing the Chairman to sign the corresponding local contribution application form to the Florida Housing Finance Corporation (FHFC) as a subsidy for the 66-unit Phase 1 portion of the Tradewinds Hammocks affordable housing development on Key Largo. Subsequent to the Board's action, the project developers determined that a FHFC application submitted in strict adherence to Resolution 02-2000 would not be competitive and would stand little chance of receiving State funding. The project developers have therefore submitted an application that deviates from Resolution 02-2000 in the following respects: 1) the mix of one, two, and three-bedroom units was adjusted to provide 30% three-bedroom apartments; 2) the impact fee waiver was corrected to correspond to the amount called for in the County regulations; and 3) portions of the project financing were modified, These deviations from Resolution 02-2000 do not alter the Land Authority's contribution or the overall number of dwelling units. See the attached March 14 letter from Jacqueline McPhillips of the Heritage Companies for further explanation. Advisory Committee Action: On 3/22/00 the Advisory Committee reviewed the proposed changes to the resolution and voted 4/0 to recommend approval. Previous Governing Board Action: On 10/14/99 the Board approved adding the subject property to the Acquisition List. On 2/17/00 the Board tabled consideration of the 122-unit proposal. On 2/28/00 the Board approved Resolution 02-2000 for the 66-unit Phase 1 proposal. Staff Recommendation: Approval. Total Cost: $ 1,089,000 Budgeted: Yes No Cost to Land Authority: $ 1,089,000 Approved By: Attorney ~ Executive Director Approval: OMBIPU'\Zing _ ~ ' ~a'k~Ch To Follow: Risk Management Documentation: Included: X Not Required: Disposition: Agenda Item LA #2 t~ R E eEl V ED -I M f\i? 7 7 '-"no!) c _I March 14,2000 THE HERITAGE COMPANIES . . Mr. Mark Rosch Executive Director Monroe County Land Authority 1200 Truman A venue, Suite 207 Key West. Florida 33040 RE: Tradewinds Hammocks Dear Mark, We are pleased to inform you that the combination housing credit and HOME loan application was submitted to Florida Housing Finance Corporation on March 8. 2000. We have enclosed a copy of the document receipt and a copy of the application. We feel that it is an excellent application and we will keep you informed of future notices from the Florida Housing Finance Corporation. As we discussed prior to our submission, there were a few minor revisions to the application. Though the corresponding pages can be found in the application, I have enclosed copies of the pertinent pages which reflect any changes from Attachment "B" of the Monroe County Comprehensive Plan Land Authority RESOLUTION NO, 02-2000 for your convenience, The revisions are as follows: 1) The 66 unit mix was revised so that Phase I has 30% three bedrooms. The entire site (Phase I and II or 122 units) was designed for 30% three bedroom units however, only 27% of Phase I offered 30% three bedrooms. The architect was able to add another two three-bedroom units to allow for a 30% total in Phase I. This caused either an increase or reduction of the one and two bedroom units, This revision did not effect the total amount of units, the set aside at 28% median income nor did it effect the projected rents. ATTACHMENT "B" APPLICATION 1/1 1 28% 2 1/1 1 50% 0 1/1 4 60% 8 6 10 2/2 7 28% 6 2/2 1 50%> 2 2/2 34 60% 28 42 36 3/2 2 28% 3 3/2 2 50% 1 3/2 14 60% 16 18 20 2) Monroe County Impact fee waIvers were reflected as $116,000 011 ATTACHMENT "B" but in reality, was $87,846 when we received the actual commitment. 3) The revision to the unit mix changes the project's income, which slightly effects the construction and pem1anent loan. The permanent loan reflected on the ATTACHMENT "B" is $1,014,519 with a separate $500,000 purchase money mortgage (PMM) for a total of $1,514,519, Mr. Chris Buswell, the Housing Credit Program Manager of The Florida Housing Finance Corporation cautioned us that unless the PMM was for the same term as the HOME, we should reflect the source to satisfy the PMM at the time of the permanent loan closing. We would be vulnerable to a cross appeal for not having enough permanent loan sources if we did not. Therefore, it was necessary to reflect $1,501,026 in long term permanent debt. I have enclosed the two purchase contracts reflecting the combined $500,000 PPM which the sellers are willing to carry for a three year period, I have also enclosed the summary page from the construction/permanent loan commitment, which includes the $500,000 to satisfy the PMM. 4) The ATTACHMENT "B" reflected a deferred developer fee of $641, I 99 while the effects of the above caused a deferral of$700,258. Had we not made the change to the unit mix, we would have lost a possible five points and up to sixty points if we did not reflect the change in the permanent financing commitment. Obviously, we thought it mandatory to make those changes. Though there are some revisions to what was reflected on ATTACHMENT "B", we feel that they are immaterial as to the position of the Land Authority. Please let us know if we should come back to both the Land Authority Advisory Board and/or the Land Authority Commission meeting to request a revision to ATTACHMENT "B". It is our understanding that we are scheduled to appear before the Land Authority's Advisory Board on Wednesday, March 22,2000 at 1 :30. We greatly appreciate the Land Authority and it's advisory board's commitment to this proposed affordable housing development. Should we be fortunate enough to receive funding this cycle, we will give the Land Authority and all of the many Tradewinds supporters an affordable housing development to be proud of, Sincerely, .. TRA EWINDS :'~CW."'. T..D. . I ~7tu ~l(tjJL~~ l./ Jacque1ine MCP~l~ps ./ Heritage Partners Group XIX, Inc, Managing General Partner cc: James Roberts Peter Rosasco RESOLUTION NO, A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY AMENDING RESOLUTION 02-2000 REGARDING THE TRADEWINDS HAMMOCKS AFFORDABLE HOUSING DEVELOPMENT. WHEREAS, the Monroe County Comprehensive Plan Land Authority adopted Resolution 02- 2000 on February 28, 2000 and now wishes to amend same in order to allow for the submission of a more competitive application to the Florida Housing Finance Corporation; and WHEREAS, words shown in strikethrough format are deletions from Resolution 02-2000 and words underlined are additions; and WHEREAS, section 380.0666(3), Florida Statutes (FS) and section 9,3-2, Monroe County Code, empower the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority") to acquire an interest in real property for the purpose of providing affordable housing to very low, low, or moderate income persons as defined in section 420.0004, FS, where said acquisitions are consistent with a comprehensive plan adopted pursuant to Chapter 380, FS; and WHEREAS, MRT of the Florida Keys, L.L.C., a limited liability company and Heritage Rural Housing, Inc., a Florida corporation, propose to form Tradewinds Hammocks, Ltd., a limited partnership (hereinafter "Owner") for the purpose of constructing, owning, and operating 66 units of affordable rental housing known as Tradewinds Hammocks (hereinafter "housing development") on Key Largo to provide housing for persons of very low and low incomes for a period of 50 years; and WHEREAS, in order to finance the $7,519,750 $7,559,696 total cost of the housing development, the Owner proposes to apply on March 8, 2000 for tax credits and a HOME loan from the Florida Housing Finance Corporation (hereinafter "FHFC"), a public corporation created within the Florida Department of Community Affairs pursuant to section 420.504, FS; and WHEREAS, the application process for the FHFC tax credit program is highly competitive and awards maximum points to those applicants providing a local contribution in the amount of $500,000 or 5% of the total project cost ($d75,2dS $377,985), whichever is less; and WHEREAS, the Owner states that it is necessary to receive subsidies in the form of a $1,089,000 mortgage loan from the Land Authority and $119,000 $87,846 in impact fee waivers from Monroe County in order to make this project financially feasible; and WHEREAS, the Land Authority Advisory Committee considered this proposal at a meeting held February 23, 2000 and voted 3/0 to recommend approval of the loan subject to the requirements contained in this Resolution; and WHEREAS, the Governing Board wishes to approve the Advisory Committee's recommendations; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY: Page 1 of 3 Section 1, Effective immediately, the Land Authority Chairman is authorized to sign FHFC Form 5, Page 7 of 10, indicating a local government contribution in the form of a zero-interest, 50-year loan in the amount of $1,089,000 in support of the Owner's application to FHFC for a HOME loan in the amount of $2,900,000 and tax credits in the annual amount of$171,504 $169,232 for ten years for the housing development. Section 2. On or about March 31, 2000, the Land Authority Executive Director is authorized to disburse $933,000 to the Owner provided all of the following conditions have been satisfied. a) The Owner has provided to the Land Authority a copy of the completed application for tax credits and a HOME loan and proof that the Owner submitted said application to FHFC by the March 8, 2000 application deadline, b) The Monroe County Planning Director has provided notice that the 66-unit affordable housing project on Tract E as described in Attachment A has been fully approved for development. c) The Land Authority's legal counsel has provided notice that the Owner has executed in favor of the Land Authority a zero-interest, 50-year first mortgage agreement and promissory note for the amount of $933,000 encumbering the property described in Attachment A (all of Tract E), In the event FHFC has not awarded the tax credit and HOME loan commitment by the conclusion of two application cycles, beginning with the March 8, 2000 cycle, the Owner shall convey the property described in Attachment A to the Land Authority, free and clear of all encumbrances, together with all development rights and approvals, including but not limited to ROGO allocations and cesspit credits, necessary for development of the 66-unit affordable housing project on the property described in Attachment A. d) The Land Authority's legal counsel has provided notice that use of the property described in Attachment A has been permanently restricted by deed restriction as follows: 1. the property is to be used only for housing for very low, low, or moderate income persons as defined in section 420.0004, FS; 2, said deed restriction shall also reference the affordable housing requirements of the Monroe County Land Development Regulations and shall impose said requirements permanently, notwithstanding the normal 20 or 25 year period of said regulations; and 3, in accordance with the Memorandum of Understanding between Monroe County and Department of Community Affairs dated December 27, 1999, persons currently or formerly housed in an illegal downstairs enclosure who have or will be displaced as a result of the removal of said enclosures and who meet all applicable affordability requirements shall be given first priority when the Tradewinds Hammocks housing occupants are selected, Section 3, The Land Authority Executive Director is authorized to disburse $156,000 to the Owner provided all of the following conditions have been satisfied. a) The Land Authority's legal counsel has provided notice that the Owner has secured the tax credits, HOME loan, and construction loan necessary to build the 66-unit project as described in Attachment B, b) The Land Authority's legal counsel has provided notice that the Owner has executed in favor of the Land Authority a zero-interest, 50-year first mortgage agreement and promissory note for the amount of $1,089,000 encumbering the property described in Attachment A (all of Tract E) and replacing the mortgage and note described in Section 2(c) above, Page 2 of 3 Section 4, The Land Authority will subordinate the mortgage referenced in Section 3(b) above only to the following loans obtained by the Owner in furtherance of developing the property: a conventional first mortgage, a second mortgage in favor of FHFC with 20-year term, and a third mortgage in favor of a member of the Federal Home Loan Bank with a 1 O-year term. PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this day of 2000, (Seal) ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Mark J. Rosch Executive Director Nora Williams Chairman Approved for Legal Sufficiency Larry R. Erskine Page 3 of 3 ATTACHMENT A All of Tract E of Trade Winds subdivision, according to the Plat thereof as recorded in Plat Book 7 at Page 42 of the Public Records of Monroe County, Florida. ATTACHMENT B Tradewinds Hammock 66-Unit Affordable Housing Development Financing Local Contributions Land Authority Mortgage County Impact Fees of $119,000 $87.846 FL Housing Finance Corporation (State Contributions) Tax Credit'Equity HOME Loan Conventional First Mortgage (Private Lender) Purchase Money Mortgage (Seller Financing) Deferred Developer's Fees Total Project Cost $1,089,000 fees waived $1,J72,OJ2 $2,900,000 $1,01<1,91Q $900,000 $e<l1, 1 gQ $7,519,750 $1,089,000 fees waived $1,369,412 $2,900,000 $1.501,026 ~ $700,258 $7.559,696 Housing Type and Affordability Income % of Median Net Size Net Rent Unit Type # of Units Level Income (sq. feet) (per month) Efficiency-1/1 ~ 2 Very Low 28% 700 $220.00 Efficiency-1/1 ~ 0 Very Low 50% 700 $422,38 Efficiency-1/1 4 ~ Low 60% 700 $514,00 Subtotal & 10 2 BR/ 2 Bath +. 6 Very Low 28% 890 $263.00 2 BR/ 2 Bath ~ 2 Very Low 50% 890 $506.25 2 BRI 2 Bath ~ 28 Low 60% 890 $616.00 Subtotal ~ 36 3 BR/ 2 Bath ~ 3 Very Low 28% 1050 $299.00 3 BR/ 2 Bath ~ 1 Very Low 50% 1050 $579,88 3 BR/ 2 Bath ~ 16 Low 60% 1050 $707.00 Subtotal ~ 20 Total Units 66 66