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Item I5 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 approving modifications to the Tradewinds Hammocks Phase II affordable housing development and financing. Item Background: In August 2001 the Land Authority committed to making a $924,000 50-year, zero- interest mortgage as the local contribution for Tradewinds Hammocks Phase II, 52 units of rental housing for persons of low and very low income levels in partnership with the Florida Housing Finance Corporation. Monthly rents were to range from $236 for an efficiency to $756 for a 3 bedroom/2 bath and construction was scheduled to begin this year. The proposed resolution allows the owner/developer to substitute private financing for the FHFC financing and sell the units to moderate income persons, subject to a long-term ground lease. The owner/developer would then assign the leases and convey the land to the Monroe County Housing Authority to ensure long-term affordability. The units, subject to ground leases, are proposed to sell for $167,600 to $219,900 with the benefit of the Land Authority mortgage. Advisory Committee Action: On November 24, 2003 the Advisory Committee voted 3/0 to approve a homeownership/land lease scenario, subject to the owner/developer's willingness to reduce the purchase prices to a maximum of $200,000 on a dollar-for-dollar basis if additional funding is available. Previous Governing Board Action: On 2/22/01 the Board denied the $924,000 loan request. On 4/11/01 the Board was sued by the owner/developer. On 8/16/01 the Board approved the $924,000 loan request. On 12/17/03 the Board conceptually approved a conversion to moderate income homeownership, subject to the developer providing certain follow-up documentation. Contract/Agreement Changes: 1) homeownership; 2) moderate income occupants; 3) no FHFC financing; 4) developer to convey land to Housing Authority; 5) Housing Authority to hold ground lease Staff Recommendation: Pleasure of the Board. Budgeted: Yes X No Total Cost: $ 924,000 Cost to Land Authority: $ 924,000 Source of Funds: Land Authority (Tourist Impact Tax and State Park Surcharge) Executive Director Approval: County Land S~ _' ~~1 J. Ro2h - Approved By: Attorney ~ Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item LA #5 Sequence of events: 1. Tradewinds repays $700,000 to MCLA 2. Tradewinds obtains private construction loan 3. Tradewinds builds 52 units 4. Tradewinds sells 52 units at reduced prices subject to ground lease 5. Tradewinds pays off the construction loan 6. Tradewinds conveys the land and assigns 52 ground leases to MCHA 7. MCLA disburses $924,000 mortgage loan to MCHA 8. MCHA disburses loan proceeds to Tradewinds 9. MCHA collects sufficient ground lease rent to repay MCLA mortgage in 50 years RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY APPROVING MODIFICATIONS TO THE TRADEWINDS HAMMOCKS PHASE II AFFORDABLE HOUSING DEVELOPMENT AND FINANCING. 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, on August 16, 2001, the Land Authority Governing Board approved Resolution 09- 2001, authorizing a $924,000 zero-interest, 50-year mortgage loan in support of the proposed development of 52 units of affordable rental housing known as Tradewinds Hammocks Phase II on Lots 1 through 14, inclusive, Block 4, Industrial Acres (PB 5-15); and WHEREAS, on May 16, 2000, Tradewinds Hammocks II, LLC recorded affordable housing deed restrictions consistent with Resolution 09-2001 (OR 1633-729); and WHEREAS, on November 8, 2002, pursuant to Resolution 09-2001, the Land Authority disbursed the $700,000 first draw of the $924,000 loan secured by a mortgage and promissory note (OR 1832-1507); and WHEREAS, to date Tradewinds Hammocks II, LLC has not received the tax credit and SAIL loan financing from the Florida Housing Finance Corporation contemplated in Resolution 09- 2001; and WHEREAS, on November 14, 2003, Tradewinds Hammocks II, LLC requested authorization to convert the proposed development from rental to homeownership and to modify the property's deed restriction to increase the income limits from 100% to 120% of median income; and WHEREAS, the Land Authority Advisory Committee considered this request at a meeting held November 24, 2003 and voted 3/0 with one abstention to recommend approval; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY: Section 1. Tradewinds Hammocks II, LLC shall repay to the Land Authority, no later than March 18, 2004, $700,000 as satisfaction of the Land Authority's mortgage. Upon receipt of said repayment, Land Authority shall execute the necessary documents to modify the property's deed restriction to increase the income limits from 100% to 120% of median income for either homeownership or rental housing development. Section 2. Upon the Land Authority's timely receipt of the repayment referenced above, the Land Authority shall offer to provide a fifty-year, zero-interest mortgage loan to the Monroe County Housing Authority in the amount of $924,000 subject to the following conditions: Page 1 of 2 A. Tradewinds Hammocks II, LLC has conveyed title to the land to the Monroe County Housing Authority free and clear of any construction loan encumbrances. 8. Tradewinds Hammocks II, LLC has constructed and received certificates of occupancy for the entire 52-unit residential development in accordance with the site plan previously approved by Monroe County. C. Tradewinds Hammocks II, LLC's sale of the units is subject to a ground lease acceptable to and in favor of the Monroe County Housing Authority. D. The purchase prices for which Tradewinds Hammocks II, LLC sells the units shall not exceed the prices indicated in Attachment A. E. Tradewinds Hammocks II, LLC has used any public funding it receives to reduce the unit sale prices dollar-for-dollar from the prices indicated in Attachment A. F. The Monroe County Housing Authority has entered into an agreement with the Land Authority specifying that the Housing Authority shall forward the proceeds of the Land Authority's loan to Tradewinds Hammocks II, LLC as consideration for selling the units at the prices indicated in Attachment A. The ground lease rents charged by the Housing Authority shall be sufficient to fund repayment of the Land Authority loan. Section 3. The Land Authority's offer to make the loan identified in Section 2 above shall commence upon the Land Authority's timely receipt of the $700,000 repayment in accordance with Section 1 and shall remain valid until August 18, 2004. In the event all of the conditions in Section 2 are not satisfied by August 18, 2004, the Land Authority's offer shall expire, in which case Tradewinds Hammocks II, LLC, having repaid the $700,000 Land Authority mortgage, shall have no obligation to the Land Authority other than complying with the affordable housing deed restriction as modified in Section 1 above. 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 ATTACHMENT A Tradewlnds II Key Largo, Monroe County, FL Sales Chart as a % Construction Loan Amount $7,639,000 Gro~~ per Unit per SE of Sales Bridge Loan Amount $500,000 Number of Units In Phase 52 100% of fatal Units Sale Price $11.825.000 $227,404 $224 Number of Units, Total Project 52 Releases, 100% $10.778.700 $207,283 $204 912% SF . Living Space 52,784 Building Cost $10997,250 $211,486 $208 930% Required Pre.Sales 0 0% loan. $8,139,000 $156.519 $154 688% Est. Clos Costs 7.00% Loan I Cost 74.0% I Release Price at 100'/. Net Sales Proceedsl Developer's Release Release Release Es_ted Net Sale 100% Paid to Paid to Unit Unit Contract or Unit Retail Contract Proceeds Pro Rata of Net $ Const. Ln. Bridge Ln. Building Floor Nbr Type Sq. Ft. Reservation Buyer Deposit PrIce Price (less 7%) Loan Adv. 80% 20% Three 1 1 2f2 966 $235,000 $0 $0 $0 $0 $0 2 3f2 1.210 $240,000 $223,200 $168,538 $223,200 $178.560 $44.640 3 2f2 966 $225,000 $209.250 $158,005 $209,250 $167,400 $41.850 4 2f2 966 $225,000 $209,250 $158,005 $209,250 $167,400 $41.850 5 3f2 1.210 $240,000 $223,200 $168,536 $223,200 $178.560 $44.640 6 1/1 700 $185,000 $172,050 $129,915 $172,050 $137,640 $34,410 7 2f2 966 $225,000 $209,250 $156,005 $209,250 $167,400 $41.850 8 312 1.210 $240,000 $223,200 $166,538 $223,200 $176,560 $44.640 9 2f2 966 $225,000 $209,250 $158,005 $209,250 $167,400 $41.650 10 2f2 966 $225,000 $209,250 $158,005 $209,250 $167,400 $41.850 2 1 2f2 966 $235,000 $218,550 $165,027 $218,550 $174.840 $43.710 2 3f2 1,210 $240,000 $223,200 $168,536 $223,200 $178,560 $44,640 3 2f2 966 $225.000 $209,250 $156,005 $209,250 $167,400 $41.850 4 212 966 $225.000 $209,250 $158,005 $209,250 $167,400 $41,850 5 3f2 1,210 $240,000 $223,200 $168,538 $223,200 $178,560 $44,640 6 1/1 700 $185,000 $172,050 $129,915 $172,050 $137,640 $34,410 7 2f2 966 $225,000 $209,250 $158,005 $209,250 $167,400 $41,850 8 3f2 1,210 $240,000 $223,200 $168,536 $223,200 $178,560 $44.640 9 2f2 966 $225,000 $209,250 $158,005 $209,250 $167,400 $41.850 10 2f2 966 $225,000 $209,250 $158,005 $209,250 $167,400 $41,850 11 3f2 1,210 $240,000 $223,200 $166,538 $223,200 $176,560 $44.640 12 2f2 966 $235,000 $218,550 $165,027 $218,550 $174,840 $43,710 3 1 212 966 $235.000 $218,550 $165,027 $218,550 $174,840 $43.710 2 3f2 1,210 $240.000 $223,200 168,538 223,200 $178.560 $44,640 3 212 966 $225,000 $209,250 158,005 209,250 $167,400 $41.850 4 2f2 966 $225,000 $209,250 158,005 209,250 $167,400 $41.850 5 3f2 1,210 $2<<1.000 $223,200 168,536 223,200 $176,560 $44.640 6 1/1 700 $185.000 $172,050 129,915 172,050 $137,640 $34,410 7 2f2 966 $225,000 $209,250 156,005 209,250 $167,400 $41,650 8 3f2 1.210 $2<<1,000 $223,200 168,538 223,200 $178,560 $44,640 9 2f2 966 $225,000 $209,250 156,005 209,250 $167,400 $41,650 10 212 966 $225,000 $209,250 158,005 209,250 $167,400 $41,650 11 3f2 1,210 $2<<1,000 $223,200 168,538 223,200 $178,560 $44,640 12 2f2 966 $235,000 $216,550 165,027 216,550 $174,840 $43,710 Four 1 2f2 966 $235,000 $216,550 165,027 218.550 $174,840 $43,710 2 3f2 1,210 $2<<1,000 $223,200 168,538 223,200 $176,560 $44,640 3 212 966 $225.000 $209,250 156,005 209,250 $167,400 $41,850 4 212 966 $225,000 $209,250 156,005 209,250 $167,400 $41.850 5 3f2 1,210 $2<<1,000 $223,200 168,538 223,200 $178,560 $44,640 6 1/1 700 $195,000 $181,350 136,937 181,350 $145,080 $36,270 2 1 2f2 966 $235.000 $216,550 165,027 216,550 $174,840 $43,710 2 312 1,210 $240,000 $223,200 168,538 223,200 $178,560 $44,640 3 2f2 966 $225,000 $209,250 158,005 209,250 $167,400 $41,850 4 212 966 $225,000 $209,250 158,005 209,250 $167,400 $41,850 5 3f2 1.210 $2<<1,000 $223,200 168,538 223,200 $178,560 $44,640 6 1/1 700 $195,000 $181,350 136,937 161,350 $145,080 $36,270 3 1 212 966 $235,000 $216,550 165,027 218,550 $174,840 $43.710 2 3f2 1,210 $2<<1,000 $223,200 168,538 223,200 $178.560 $44,640 3 2f2 966 $225,000 $209,250 158,005 209,250 $167,400 $41,850 4 2f2 966 $225.000 $209.250 156,005 209,250 $167,400 $41.850 5 3f2 1,210 $2<<1,000 $223,200 168,538 223,200 $178,560 $44.640 6 1/1 700 $195,000 $181,350 136,937 181,350 $145,080 $36,270 52,784 $11,825,000 $0 $10.778,700 $6,139,000 $10,776,700 $8,622,960 $2,155,740 A vg Release per Unit $207,283 $165,626 $41,457 Payoff Point - Units 46 12 Payoff Point % 89% 23% of Canst. Ln. of Bndge Ln. I SOURCES OF FUNDS Construction Loan Bridge ,-oan Subordinate Loan / Grant Syndication Equity Projected Net Sales Deferred Developer Profit & Overhead Deferred GC Profit Other Deferrals Deferred Operating Reserve Est Investment Earnings (if applicable) Borrower Equity TOTAL SOURCES USES OF FUNDS ACQUISITION. Purchase Pnce - Land Purchase Pnce - Building Brokerage Fee/Carrying Costs/Other TOTAL ACQUISITION CONSTRUCTION CONTRACT Site Work Structure General Requirements General Contractor Overhead General Contractor Profit Construction Contingency Other-Impact Fees Other-Amenities TOTAL CONSTRUCTION CONTRACT FINANCING COSTS Conslructio Loan Commitment Fee Bridge Loan Commitment Fee Lender's I nspecting Engineer Borrower Attorney Lender Attorney Due Diligence Fee Loan Closing Costs Ptnshp. Costs Other- SOURCE & USE Tradewinds \I Key Largo, Monroe County, FL CONSTRUCTION PHASE COSTS I DEFERRED I TOTAL $6,715,000 500,000 924,000 o o o o 1,399,067 $9,538,067 $700,000 o 224,000 $924,000 o 0 6,017,350 0 361,041 0 120,347 0 361,041 0 215,000 0 o 0 . _ __~.90,000 ______~ $7,274,779 50,363 3,750 15,000 50,000 10,000 o 25,000 20,000 o o $6,715,000 500,000 924,000 o o o o o o o 1,399,067 $9,538,067 o o $0 $0 o o $0 $700,000 o 224,000 $924,000 17,769 o 6,017,350 361,041 120,347 361,041 215,000 o 200,000 $7,274,779 139,900 o 50,363 3,750 15,000 50,000 10,000 o 25,000 20,000 o 12/3/03 243 PM CONSTRUCTION COMPLETION PERMANENT PHASE COSTS I DEFERRED I TOTAL $6,715,000 500,000 924,000 o o o o 1,399,067 $9,538,067 $700,000 o 224,000 $924,000 o 6,017.350 361,041 120,347 361,041 215.000 o 200,000 $7,274,779 50,363 3,750 15,000 50,000 10,000 o 25.000 20.000 o n o $6,715,000 500,000 924,000 o o o o o o o 1,399,067 o o $0 $9,538,067 $700,000 o 224,000 $924,000 o o o o o o 6,017,350 361,041 120,347 361,041 215.000 o 200,000 $7,274,779 o 50,363 3,750 15,000 50,000 10,000 o 25,000 20.000 o o TOTAL $0 o 924,000 o 10,137,930 o o o o o o $11,061,930 $700,000 o 224,000 $924,000 .- o 6,017,350 361,041 120,347 361,041 215,000 o 200,000 $7,274,779 50,363 3,750 15,000 50,000 10,000 o 25,000 20,000 o o Rc....L ...tr.., .. ) . . \~, !reo Ol. ,.33~ 'i 0 MONROE COUNTY OFFICIAL RECORDS FILE 1:1.:1. 7 9 5 B :1. BKI:1. 6 3 3 PGt 7 :2 7 Thio -....- _ ...,....t '" ~ w. _.....1IIquft 3 U SB I 7 lIlnol. ~ I'Ioar F"'~PL].u16 Tot...... 954-761-61:13 RCD May 16 2000 03.47PM DANNY L KOLHAGE, CLERK DEED DOC STA~ 2332.40 05/16/2000 ~ DEP CLK Grantee TIN ~ WARRANTY DEED THIS INDENTURE, made this 10th day of May 2000. between MANGIL INC., a Florida Corporationt of the County of Broward and State of Florida, "GRANTOR".. and TRADEWINDS HAMMOCKS D, LLC, a Florida Limited Liability Company, whose post office address is 5505 N. Atlantic Avenue, #115. Cocoa Beach, Florida, 32931. of the County of Brevard, State of Florida, "GRANTEE".. WITNESSETII: That said GRANTOR, for and in consideration of the sum of TEN AND NO/loo (510,00) DOLLARS. and other good and valuable considerations, to said GRANTOR in hand paid by said GRANTEE. the receipt whereof is hereby acknowledged. has granted, bargained and sold to the said GRANTEE, and GRANTEE's heirs and assigns forever, the following described land, situate, lying and being in County, Florida, to wit: Tax Folio Number: See Exhibit "B" attached hereto. Lou 1 through 14, inclusive, Block 4, INDUSTRIAL ACRES, .. per plat thereof recorded in Plat Book 5, Page 15, of the Public Reconb of Monroe County, Florida. The above-dacribed property is conveyed by Grantor to Grantee .ubject to the Deed RestrictioDl let forth in Exhibit" A", aUached hereto and made a part hereof, and the GraDtee by ita acceptance of that conveyuce, ap'eeI to accept .ucll Deed ReltriCtiODl aDd abide by the term. thereof dUMg the period of time that the Grantee is the owner fo the within described real property. and said GRANTOR does hereby fully warrant the title to Slid land, and will defend the same against the lawful claims of all persons whomsoever. ."ORANTOR".... "ORANl'EE" _ UMd far aiaau-lW pIunI, . oaaMJd requir& IN WITNESS WHEREOF. GRANTOR has hereunto set GRANTOR's hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: ~ J 4------' PrintName JUf!!!- T. B~'ESS ~ ) , l L... (~~ ~A- Print Name {bs;{lO-Y- STATE OF FLORIDA COUNTY OF BROW ARD FILE ':J... 1 "7 9 5 a 1 BK'1 G 33 PG#72 8 The foregoing instrument wu acknowledged before me this ~ day of ~ ' 2000. by Gilbert Hyatt, m. President ofMangil Inc.. who is personally known to me or wile pFodtleed as identifteetiell, and who did /did not .X-.. take an oath. My Commission Expires: @J4- Notary Public ------ /":. ~ 'ue T" *iI*MrCorrlmlMlon CCl31210 '\;..~ !lIplnl. AprI21, 2004 F:\ WordOocla\8ue\OiWamrio\Manail &0 Tradewiacl.-LotII1.14\W--'Y-DMcI.doo ~'MaY.l0. 2000.r.1 8:28AM FFHARLEE DORGES ET AL A"1248:22 . .. \.-.,..r No.6059 P. 2 p.2 f '-- FILE t 1 1 "7 9 5 8 1 BK# 1633 PG#"7 2 9 EXHIBIT "All DpD RESTRIcnONS ~ The property shan be developed with affordable housing for very low, low, or moderate income persons as dcfinod in IleCtion 420.0004, Florida. S1Itutcs, consistent with the folJowinQ affordable ~ousing requirements oftl\c~oaroe ~.L8ndDevdopment Rqulationa: 1. ~ annuallKlju.sted ~ss in~rne fur1he ~ed or teDant-occupied household shall not eJC;oeccI one hundred (100j percent of1ho II1ClCtiaD adjUstecl.~ss annual incoa1e within Monroe County. . 2, The yearly RUt (employee~) IbIIl not exceed 1birty (30) pment each month of that which rcpcesents the median adjusted JI'OIS IIb1UII ~ Cot households within Momoe I ~w~ . . : ~ _. ..,:..z". ~ ' 3, Unda- MODrOo CoWlty Code Section 9.5-266, dIoatfOmable housina dweUiDa unit is restricted to a maximum of one thousand three hundred (J,300) SCIWft feet ofbabi1able spICe. 4. The Ipplicat has used the a1foxdablc housiq proaram to pin Idditional pobrts in the permit allocation system pursuant to Momoc COualy S<<tion 9-S-122.3(6), 5. These deed restri~ODI sbaIl remab1 in e.ffcot in petpetuity regardless of the abiHty of the own~s)<<occupants(s) to complyor~ ODmlllDuaJ blISisor as otherwise m,yberequhed. , . I t , 6. All of the latrictions herein shall bel biD.dina 1IpOG any 1nasferees, loaeea., heirs, &sBigns or successors in the chain of title. In addition to the foreaoin& in accordance with 1be Memorandum of Understanding between Monroe County ItI1d the ~811m= of Commuaity Affairs dated Dc<:ember 27, 1999, persons currently OJ: formerly housed in lU1 illegal downmdn" adosure .....ho have or will be displKed as a result oftbc removal of said encloS\ll'll and who mcet.a1.l applicable aft'ordabilltyrequirements sJudl be given first priority when the Tradewinds ~ housing OCCUJlBUtJ arc Idectcd: . f I I . 1 1 I , ~ , FILE t:1 :1 '795 a :1 BK' :1 6 3 3 PGt'7 3 (2) EXHIBIT "Blt ALTERNATE KEY NUMBER PROPERTY 1559121 1559130 1559148 1559156 1559164 1559172 1559181 1559199 1559202 1559211 1559229 1559237 1559245 1559253 Lot 1, Block 4, Industrial Acres Lot 2, Block 4 Lot 3, Block 4 Lot 4, Block 4 Lot 5, Block 4 Lot 6, Block 4 Lot 7, Block 4 Lot 8, Block 4 Lot 9, Block 4 Lot 1 0, Block 4 Lot 11, Block 4 Lot 12, Block 4 Lot 13, Block 4 Lot 14, Block 4 MONROE COUNTY OFFICIAL RECORDS ~" ( ! I ~ iF ' '~~ ../'. _ /2 '~"" ':.,,' ~i[JJ ,. ,', ,A[}~ ~ j' , " ~,,~ f- ,,>'!:,![1> cJl( a. / " ;< .:- ( 1 ~4'1 - t-- ------j 1 2' 23 I !oJ -- f---~WJ y :t:l~ ~ ~ ~ " URM 13 Phase II Mile Marker 101.5 Island Key Largo Property Tradewinds Hammocks Affordable Housing Site If < 11" \ .,