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Item I3 LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: February 18, 2004 Bulk Item: Yes No X Department: Land Authority Agenda Item Wording: Approval of a resolution authorizing the subordination of the Land Authority's mortgage loan for the Meridian West affordable housing development. Item Background: The Land Authority holds a $1.5 million fifty-year, zero-interest mortgage on the property currently being developed as Meridian West Apartments, a 102-unit affordable housing development for persons having low or very low incomes. The Florida Housing Finance Corporation recently approved issuing the second of two $1 million SAIL loans to the development, provided the Land Authority agrees to subordinate its mortgage to the SAIL loan. The developer requests that the Land Authority subordinate its mortgage to an additional $1,821,000 of debt during the construction phase and $670,000 during the permanent phase. The proposed resolution would authorize the requested subordination. Advisory Committee Action: On January 29, 2004 the Advisory Committee voted 3/0 to approve the proposed resolution. Previous Governing Board Action: On 3/20/02 the Board approved providing a $1.5 M mortgage. On 6/19/02 the Board approved donating 25 transferable RaGa exemptions (TREs) and 6 nutrient credits to the development. On 6/18/03 the Board authorized closing the Land Authority's loan prior to the initial FHFC SAIL loan closing. On 9/17/03 the Board authorized modifying requirements for the disbursement of the Land Authority loan proceeds, approving a revised financing schedule, and approving use of a placeholder mortgage. Contract/Agreement Changes: Subordinate to additional debt of up to $1,821,000. Staff Recommendation: Approval Total Cost: $ N/A Budgeted: Yes_ No Cost to Land Authority: $ N/A Source of Funds: Approved By: Attorney ~ Executive Director Approval: County Land Steward ~.~~ Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item LA #3 ~ RECEIVEDjl~N 0 5 2004 II o CORPORATE OFFICE 2950 S.W. 27TII AVENUE, SlIrn; 200 MIAHI, FL 33133 PHONE 305.476.8118 FAX 305.476-1557 FAX 305-476.5240 CPM THE CARLISLE GROUP CARLISLE PROPERTY MANAGEMENT, INC. CARLISLE DEVELOPMENT GROUP. LLC CARLISLE CONSTRUCTION, LLC n TALLA.HASSEE OFFICE 2964 WELUNGTON CIRCLE. Surn; 1 TALLAIJASSEE, FL 32309 PIlON!; (850) 222-9022 F.\x (850) 222.9110 Mark Rosch Executive Director Monroe County Land Authority 1200 Truman Avenue Key West, Florida 33040 Re: Meridian West Dear Mark, As we have recently discussed, there have been some new and positive developments for Meridian West. I am sure you will remember that our original projections of financing sources included a SAIL loan from the Florida Housing Finance Corporation in the amount of $2,000,000. Somehow, the promised rule change that would allow this for Florida Keys applications did not make it into the 2002 Rule. Therefore, we received only $1,000,000. That left a significant financing gap, especially since the costs for the poured in place concrete design we selected were so much higher than projected. However, the FHFC modified their SAIL rules for 2003, and we were finally able to obtain a much- needed increase in our SAIL from $1,000,000 to $2,000,000. While that is absolutely essential for Meridian West, it does require a further subordination from the Land Authority. We intend to reduce the Conventional First Mortgage by $330,000, and use $670,000 to meet development costs. As the attached sources and uses projection details, there are to be three loans which are senior to the Land Authority's debt during construction. They are: 1.) The Construction Loan 2.) The 1 sf SAIL Loan 3.) The 2nd SAIL Loan Total : $4,271,000 : $1,000,000 : $1.000.000 : $6,271,000 Therefore, the total amount of debt which will be senior to the Land Authority during construction is $6,271,000. However, the Construction Loan is limited by covenant to a maximum of $3,450,000. Therefore, the total real senior debt outstanding during construction will not exceed $5,450,000. leaving a shortfall of$821.000. Once construction is completed the construction loan will convert to a permanent 1 sl Mortgage of $3,450,000. Furthermore, $330,000 of the 2nd SAIL loan will be used to reduce this permanent 1st Mortgage to $3,120,000. Therefore, the debt senior to the Land Authority after stabilization will be: 1.) Permanent 1st Mortgage : $3,120,000 2.) The 1st SAIL Loan : $1,000,000 3.) The 2nd SAIL Loan : $1.000.000 Total : $5,120,000 We need an additional Resolution from the Land Authority to approve subordination to construction financing of $6,271,000, to be reduced to $5.120.000 once construction is completed. I would like to appear before the Land authority at the next meeting to request this change. As you see. the ultimate amount to be subordinated to will be reduced. so I believe this is a positive. However, time is of the essence, as the State is moving forward with its underwriting of the new SAIL. Please call me to discuss P.S. cc: Edwin O. Swift Mark Kaplan Dixie Spehar 4) Sources & Uses - Meridian West - Key West, FI Dec 5, 2003 . 15:22 Construction Phase Sources If!t.. ~ ~ Per Unit Tax.Exempt Bonds 0.00% 0.00% 0 Permanent 1 st Mortgage 9.95% 0.00% 0 FHFC SAil 12. 13.78% 19,608 CDFf 2.11% 2.27% 3,235 Construction Loan 0.00% 0 21.50% 30.588 Bridge Loan 0.00% 0 0.00% 0 Interest Income 0.00% 0 0.00% 0 GP Equity 0.00% 0 0.00% 0 NLP/CDFI Balloons In 50 0.64% 980 0.69% 980 KW Land Authorily -- 1,500,000 9.59% 14.706 10.33% 14,706 Limited Partner Equity l!Ii'Bal~ 52.50% 80,490 50.91% 72,441 SHIP (no debt pmls on loan) 75.000 0.48% 735 0.52% 735 Deferred Dev Fee 303,678 1.94% 2977 0.00% 0 Total Sources 15,638,678 100.00% 153 320 100.00% 142 294 Permanent Phase Uses " Per Unit " Per Unit Hard Construction Costs 52.17% 79.990 56.21% 79,990 GC Profit 3.13% 4,794 3.37% 4,794 GC General Requirements 3.13% 4,794 3.37% 4.794 GC Overhead 1.04% 1,598 1.12% 1.598 Accessory Buildings 0.00% 0 0.00% 0 Recreational I Owner Items 0.74% 1,127 0.79% 1,127 Off-Site Improvements 0.00% 0 0.00% 0 Hard Cost Contingency @: 4.2% 2.50% 3,839 2.70% 3,839 Other 0.00% 0 0.00% 0 Construction Interest Expense 0.48% 744 0.52% 744 Brid e Loan Interest E nsa 0.00% 0 0.00% 0 Permanent Loan Origination Fee 0.35% 544 0.38% 544 Permanent Loan Closing Costs 0.08% 117 0.08% 117 Construction Loan Origination Fee 0.30% 461 0.32% 461 Construction Loan Closing Costs 0.00% 0 0.00% 0 Bridge Loan Origination Fee 0.00% 0 0.00% 0 Cost of Issuance Fees 0.00% 0 0.00% 0 Other Loan Closing Costs 0.19% 297 0.21% 297 Rate Lock 0.44% 676 0.48% 676 Accounting Fees 0.160/. 245 0.170/. 245 Application Fees 0.000/. 0 0.000/. 0 Appraisal 0.090/. 132 0.09% 132 Architect Fee-Design 1.08% 1.657 1.16% 1,657 Arch Itect Fee-Supervision 0.06% 98 0.07% 98 Builder's Risk Insurance 0.000/. 0 0.00% 0 Building Permit 0.02% 25 0.02% 25 Brokerage Fee 0.000/. 0 0.00% 0 Credit Underwriting Fee 0.15% 227 0.16% 227 Engineering Fee 0.35% 539 0.38% 539 Environmental Report 0.13% 196 0.14% 196 FHFC Administrative Fees 0.52% 800 0.56% 800 FHFC Application Fees 0.03% 39 0.03% 39 FHFC Compliance Mon. Fee 0.43% 660 0.46% 660 JmpactFees(Deta~ 0.00% 0 0.00% 0 Inspection Fees 50,000 0.32% 490 0.34% 490 Insurance- PropertylLiability 15,000 0.10% 147 0.100/. 147 Legal Fees. Partnership 72,000 0.46% 706 0.50% 706 Legal Fees- Other 28,007 0.18% 275 0.19% 275 Market Study 8,000 0.05% 78 0.06% 78 Marketing & Advertising 140,000 0.90% 1.373 0.96% 1,373 Operating Deftcil Reserve 0.00% 0 0.00% 0 Property Taxes 20.000 0.13% 196 0.14% 196 Soil Test Report 8,000 0.05% 78 0.06% 78 Survey(including as-built) 15,000 0.10% 147 0.10% 147 Title Insurance & Recording 0.71% 1,090 0.77% 1,090 Utility Connection Fee 3.69% 5.660 3.98% 5.660 Other 0.00% 0 0.00% 0 Conlin enc Soft Cost 0.51% 776 0.55% 776 Sub-Total Exisling Buildings, Owned 0.00% 0 0.00% 0 Existing Buildings. To be Acquired 0.00% 0 0.00% 0 Other Ac uisition Costs 0.00% 0 0.00% 0 Land, owned 0.00% 0 0.00% 0 Land, To be Acquired 14.20% 21,765 15.30% 21,765 Other Land Costs 1.55% 2,382 1.67% 2,382 Developer's Admin. & Overhead 4.0% 2.99% 4,585 2.48% 3,530 Developer's Profrt Acquisition 5.0% 0.00% 0 000% 0 Develo er's Profit 8.7% 6.50% 9,971 0.00% 0 Total Pr~t Cost 100.00% 153,320 100.00% 142,294 ~nclng'G.iP'~(IlJ6itt~~.~iJ,.!t\';;r...:(OI~~'i!!'~\iJ,;~,<~~ 0 ';:t;~~ffiS{~1'A~llil RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING SUBORDINATION OF THE LAND AUTHORITY'S MORTGAGE LOAN FOR THE MERIDIAN WEST AFFORDABLE HOUSING DEVELOPMENT. 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, in accordance with Resolutions 01-2002, 04-2003, and 09-2003, the Land Authority holds a 50-year, zero-interest non-recourse mortgage loan executed by Meridian West, Ltd. in the amount of $1,500,000 to offset the land cost in providing 102 units of affordable housing known as Meridian West Apartments on Stock Island to provide rental housing for persons of very low and low incomes; and WHEREAS, as anticipated in Resolution 09-2003, on December 15, 2003 the Florida Housing Finance Corporation (FHFC) issued to Meridian West, Ltd. a SAIL loan in the amount of $1,000,000; and WHEREAS, in accordance with Resolution 09-2003, the debt senior to the Land Authority's mortgage currently totals $4,450,000 and consists of a construction loan limited by covenant to $3,450,000 and the $1,000,000 SAIL loan; and; WHEREAS, construction of the housing development is underway; and WHEREAS, FHFC has now approved issuing a second SAIL loan to Meridian West in the amount of $1,000,000; and WHEREAS, Meridian West, Ltd. requests that the Land Authority subordinate its mortgage to this new SAIL loan and to additional debt associated with the construction/permanent loan in first position; and WHEREAS, the Land Authority Advisory Committee considered this request on January 29, 2004 and voted 3/0 to recommend approval; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY that the Governing Board Chairman is hereby authorized to execute documents subordinating the Land Authority's $1,500,000 mortgage to an additional $1,821,000 of debt during the construction phase of the project and to an additional $670,000 of debt during the permanent phase as indicated below. Section 1. During the construction phase of the project, the Land Authority's mortgage may be subordinated to a total of $6,271,000 of debt consisting of a $4,271,000 construction loan in Page 1 of 2 favor of Neighborhood Lending Partners of South Florida, Inc., a $1,000,000 SAIL loan in favor FHFC, and a $1,000,000 SAIL loan in favor of FHFC. Section 2. Once the construction phase of the project is complete, the Land Authority's mortgage may be subordinated to a total of $5,120,000 of debt consisting of a $3,120,000 first mortgage in favor of Neighborhood Lending Partners of South Florida, Inc., a $1,000,000 SAIL loan in favor FHFC, and a $1,000,000 SAIL loan in favor of FHFC. PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this day of 2004. (Seal) ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Mark J. Rosch Executive Director David P. Rice Chairman Approved for Legal Sufficiency Larry R. Erskine Page 2 of 2