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Item L4 LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: September 17, 2003 Bulk Item: Yes No X Department: Land Authority Agenda Item Wording: Approval of a resolution revising the requirements for the disbursement of funds for the Meridian West affordable housing development. Item Background: Meridian West is a 102-unit affordable apartment complex proposed for Stock Island on the property formerly developed as a greyhound racing track. Participants in the development of this $15 million complex will include the project developer (the Carlisle Group), the County Commission, the Land Authority, the Florida Housing Finance Corporation (FHFC), and a private lender. The Land Authority has committed to provide a $1.5 million zero-interest 50-year mortgage, 25 transferable ROGO exemptions, and 6 nutrient credits toward the development. Advisory Committee Action: This item will be considered by the Committee on September 25, 2003. 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 ROGO 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 FHFC SAIL loan closing. Contract/Agreement Changes: In order to close the Land Authority's loan, the developer requests that the Land Authority modify its requirements for the disbursement of the loan proceeds to reflect the FHFC procedure for allocating housing credits, to approve revisions in the project financing, and to authorize the use of a placeholder mortgage in the closing process. The proposed resolution authorizes each of these revisions. Staff Recommendation: Approval. Total Cost: $1,500,000 (no change) Budgeted: Yes ~ No Cost to Land Authority: $1,500,000 (no change) Source of Funds: Land Authority (Tourist Impact Tax and State Park Surcharge) Executive Director Approval: County Land Steward ^'1.~\L rk J. Rosch Approved By: Attorney ~ Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item LA #4 RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY REVISING THE REQUIREMENTS FOR THE DISBURSEMENT OF FUNDS 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, as memorialized in Resolutions 01-2002 and 04-2003, the Land Authority has agreed to hold a SO-year, zero-interest non-recourse mortgage loan executed by Meridian West, Ltd. in the amount of $1,SOO,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, the Florida Housing Finance Corporation (FHFC) has approved, subject to FHFC's customary conditions, an allocation of housing tax credits for the project in the amount of $1,020,000 for a period of 10 years which will provide $8,210,000 in tax credit equity; and WHEREAS, contrary to a statement in Resolution 01-2002, the FHFC approval process for housing tax credits does not entail FHFC Board approval of the project's underwriting report; and WHEREAS, Meridian West, Ltd. requests that the Land Authority modify its requirements for the disbursement of the loan proceeds to reflect the FHFC procedure for allocating housing tax credits, to approve revisions in the project financing, and to authorize the use of a placeholder mortgage in the closing process; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY that the Land Authority hereby agrees to revise the requirements for closing its $1,SOO,000 mortgage loan to Meridian West, Ltd. as indicated below. Section 1. Given that FHFC procedures do not include FHFC Board approval of a project underwriting report for the issuance of tax credits, the Land Authority's requirement for said FHFC approval is hereby waived. Section 2. The revised project financing identified in Attachment A is hereby approved and the requirement that said financing be within 10% of the original estimates is hereby waived. Section 3. In anticipation of FHFC approving the project's SAIL loan in October 2003 and closing said loan in December 2003, the Land Authority agrees to subordinate its mortgage to a conventional first position non-recourse mortgage and a second position "placeholder" mortgage designed for eventual assignment to FHFC. Page 1 of 2 Section 4 This resolution shall not take effect unless approved by the Land Authority Advisory Committee. PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this day of 2003. (Seal) ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Mark J. Rosch Executive Director Murray E. Nelson Chairman Approved for Legal Sufficiency Larry R. Erskine Page 2 of 2 Attachment A 6) Executive Summary - Meridian West - Key West, FI p..Ojti~ec)sts ' CLOSING da.I~INALEST: ' DIFFERENCE Project'.Desc:riptiOri' Total.' 'Tottil':, ' Total, Land Hard Cost Construction Contingency Developer Fee Impact Fee & Connection fees Soft Costs Total Project Costs 2,452,228 9,415,000 279,000 1 ,481,680 577,270 1,337,005 15,542,183 2,220,000 8,041,440 237,343 1,562,345 262,242 2,422,920 14,746,290 232,228 1,373,560 41 ,657 (80,665) 315,028 (1,085,915) 795,893 5.40% ptQjec!iFillallcillg' "', ':. '," l' '~", ",; '.' :~:j\}{~\fi:~~':,::<r;,;: t I " ,TOtal' " -<.'.,~/\.,-"" 'Total, ,,';, ;',":.'~-,".,,-: .~-:;;i(':':'\/:'::;,' ',Total'. Conventional First Mortgage Florida Housing Finance Corp, SAIL Loan CDFI Interest Income KW Land Authority Impact Fee Waivers Tax Credit Equity SHIP Deferred Developer Fee 3,450,000 700,000 2,750,000 1,000,000 2,000,000 (1,000,000) 430,000 430,000 12,002 (12,002) 1,500,000 1,500,000 125,052 (125,052) 8,210,000 10,399,000 (2,189,000) 75,000 75,000 877,183 10,237 866,946 15,542,183 14,746,291 795,892 5.40% Rosch-Mark From: Sent: To: Cc: Subject: Chris Buswell[SMTP: Chris. Buswell@floridahousing.org] Wednesday, September 03,20033:23 PM Rosch-Mark@MonroeCounty-FI.gov bmcdonough@swmwas.com Meridian West Dear Mr. Rosch: This is to inform you that the Meridian West Apartments development entered into a Carryover Allocation Agreement with Florida Housing Finance Corporation in December, 2002. The Carryover Allocation Agreement provides an allocation of housing credits in the amount of $1,020,000 to the development subject to the customary * conditions that are in all our Carryover Allocation Agreements. Florida Housing's Board does not aoorove the credit underwritinq report in reference to the development receiving housing credits. The Board only approves credit underwriting reports for loan programs, and housing credits is not a loan program. If you have any further questions, you may call me at (850) 488-4197. Chris Buswell Housing Credit Administrator Page 1 ~ THE CARLISLE GROUP CARLISLE PROPERTY MANAGEMENT. INC CARLISLE DEVELOPMENT GROUP, LLC CARLISLE BUILDERS, INC d CORPORATI3 OHler:: ,2950 ~~,\'(l 27lh Al'en"e, S"it" 200 Mi"ll1i, FI"ri"n 33133 pl1l111e (305) </,76-811 i\ Filx (305) 4,76.1557 1",lX (305) 'J,7h-52MI CPM o TA~~AII M;S.1313_QE~<~~:.l}. 296,1 Wlellil1glol1 Cirele, C~"i11' I '1:,l1nl.nsscc, 1~1,,,id,, 32'1(1') 1'h"oe(850) 222-9022 Fnx (850) 222.,<)110 September 4, 2003 Mark Rosch Executive Director Monroe Land Authority 1200 Tnnnan Avenue Key West. Florida 33040 RE: Meridian West Dear Mark. As we discussed, the development process, especially Affordable Housing, is a difficult journey, characterized by hurdles and obstacles to be overcome. We appreciate your help and that of the Land Authority, as we are now very close to culmination. We need your further assistance in updating the Meridian West Resolution with these changes described below. 1.) There is apparently some confusion on the on the issue of FHFC Housing Credit underwriting. Meridian West was annroved in underwritin2 for Housin2 Credits in November of last vear. (See attached.) It is just that a different department of FHFC does a separate underwriting for SAn.., which will be approved in October, and will close prior to year-end. Although Meridian West was approved for Housing Credits in November of last year, FHFC's procedures are such that this underwriting does not need to go to their Board for approval as indicated in the Resolution It is this time delay which we are trying to circumvent, as the SAn.. is only a small part of the financing. 2.) The Sources of Financing have changed in the last eighteen months since we submitted our original pro-fonna. As you will see from the comparison of the original with the current underwriting (Enclosed), the total sources differ only 5.4% from the original projection. We are actually quite proud of that. However, some line items have decreased, and some increased, and some change more than the 10% approved in the Resolution. 3.) Since we are hoping to close all of the financing except the SAn. loan, we are asking that the Authority approve a "placeholder" mortgage for the soon to be closed SAIL. If this is not done, we will need to have the equivalent of a second full closing, and circulate subordination documents all over again, when the SAIL does close. TIris technique is routinely used by Affordable Housing developers, because the layering of subsidies requires it. We have closed twenty-three Affordable Housing transactions, and in all but three of these we have had subordinate financing that has closed after the construction loan closing and required a placeholder mortgage. The costs and time delay would be substantial and completely unnecessary. The "placeholder" lien will be for $100.00 (One Hundred Dollars), and will only be increased to the amount of the SAn. loan when that loan from the State of Florida closes. The net effect of all of this will allow us to break ground sixty days sooner (as you may know, we have already completed demolition.) That means construction completion, and people in desperately needed, beautiful and new, work force housing, sixty days sooner. Thanks again for all your assistance and advice. Marlene Sanchez for: Lloyd 1. Boggio Chief Executive Officer CC: Edwin Swift Luis Gonzalez Liz Wong Brian McDonough Patricia Green 6) Executive Summary - Meridian West - Key West, FI Project Descriptioll project Costs Land Hard Cost Construction Contingency Developer Fee Impact Fee & Connection fees Soft Costs Total Project Costs ~tqj~~,fi"'Clncil1g' , Conventional First Mortgage Florida Housing Finance Corp. SAIL Loan CDFI Interest Income KW Land Authority Impact Fee Waivers Tax Credit Equity SHIP Deferred Developer Fee CLOSING Total 2,452,228 9,415,000 279,000 1,481,680 577,270 1,337,005 15,542,183 ""',,' 'Total 3,450,000 1,000,000 430,000 1,500,000 8,210,000 75,000 877,183 15,542,183 ORI<:;INALg$T: DIFFERENCE "Total. Total 2,220,000 232,228 8,041,440 1,373,560 237,343 41 ,657 1,562,345 (80,665) 262,242 315,028 2,422,920 1,085,915) 14,746,290 795,893 5.40% 'Tot~1I ' . ,::Tota] " 700,000 2,750,000 2,000,000 (1,000,000) 430,000 12,002 (12,002) 1,500,000 125,052 (125,052) 10,399,000 (2,189,000) 75,000 10,237 866,946 14,746,291 795,892 5.40% SEL TZER MANAGEMENT GROUP, INC. 7500 McELVEY ROAD PANAMA CITY BEACH, FL 32408 TEL ; (850) 233-3616 Fax: (850) 233-1429 November 2S, 2002 Mr. Chris Buswell Housing Credit Administrator Florida Housing Finance Corporation 227 North Bronough Street, Suite SOOO Tallahassee, FL 32301 Re: Meridian West Apartments, #2002-0S7CS Dear Mr, Buswell: Meridian West, Ltd. ("Meridian West, ltd." or "Applicant"), has applied for a $1,020,000 determination of federal housing credits ("HC") to finance the development referenced above. The proposed development will consist of 102 residential units in seventeen 2-story buildings. The development is a garden style multi-family property located at the intersection of Shrimp Road and Fifth Avenue, Key West, Florida. The development's housing credit set-aside is 1S.69% of the units (16 units) at 30% of the area median income ("AMlj, and 84.31% of the units (86 units) at 60% of the AMI, to total 102 residential units with a 100% set-aside. Meridian West, Ltd. is a Florida Limited Partnership formed March 1, 2002. The general partner of the Applicant is TCG Meridian West, Inc. with a 0.01 % ownership interest and Lloyd J. Boggio (and/or assigns) as the initial limited Partner, with a 99.99% ownership interest. Lloyd J. Boggio is a 33% owner of The Carlisle Group, Inc., the development company. Related Capital Company, New York, NY ("RCC") or its designee is anticipated to be the syndicator of the HC that will replace Mr. Boggio as the 99.99% limited partner at closing. The principals of Meridian West, Ltd. have sufficient experience and financial resources to complete a development of this type. A Market Study was prepared for the subject property by Realvest Appraisal Services, Inc, ("Realvest"), dated November 25, 2002. Realvest estimates the subject will have an average absorption rate of 15 to 20 units per month and reach stabilized occupancy, approximately 5 months after leasing begins, The average vacancy rate for stabilized restricted rent developments within the subject's immediate sub-market is estimated at 3%. Further, the appraiser concludes that the subject will obtain maximum allowable HC rents as follows: P ANlWtA CITY BEAOi . ORLANDO' FT. LAUDERDALE Mr. Chris Buswell Meridian West, 2002-057CS November 25, 2002 No. Unit Median Gross Utility Max Bed- of Size Income HC Allow- Net HC Applicant Underwriter Annual rooms Baths Units (SF) % Rents ance Re nts Re nts Rents Re nts f-.. $309 $94 $215 --$215- --- $215 $7,740 1 1 3 620 30% 1 1 14 620 60% $620 $94 $526 $526 $526 $88,368 2 1 10 830 30% $372 $104 $268 $268 $268 $32,160 2 1 58 830 60% $744 $104 $640 $640 $640 $445,440 3 2 3 1,040 30% $430 $117 $313 $313 $313 $11,268 3 2 14 1,040 60% $859 $117 $742 $742 $742 $124,656 Totals 102 84,660 $709,632 The rent levels are based on the FHFC 2002 Rent Chart and a September 2002 PHA Utility Chart for Key West, Florida. Tenants of this development will be responsible for all utilities; therefore, an allowance was given for electricity, water, and sewer. Based on interest rate assumptions stated for the first mortgage construction/permanent financing commitment provided by Charter Municipal Mortgage Acceptance Company ("CharterlMac") combined with the SAIL loan and county loan Interest rate assumptions, and average "other income" combined with expenses conservatively estimated by the applicant at $5,007 per unit per year, the subject should achieve a debt service coverage ration of 0.987 to 1.00. This. i~" b~low the SAIL lJ:IiflinllJrTl of 1.10 minimlJJ1l .coverage. Dueing SAIL credit IJnderwriting this. will have to be 1.10 ..Of higtler for a positjy(;L~AIL L9j:ln recomm~!1~ation. Based upon a HC equity investment commitment letter dated April 9, 2002, RCC or its designee will purchase a 99.99% limited partner interest concurrent with or before the closing of the construction/permanent loan. Based upon $10,198,980 of syndicated HC and a syndication rate of $0.780 per dollar of syndicated HC, the partnership anticipates a net capital contribution of $7,955,000 (the amount available at closing is $2,784,250). This recommendation is contingent upon closing of the HC purchase consistent with the terms of this report. .. ,r ",,.- . ~~<~~,..i" Additional sources of funds for the Lenox' Court development include a first mortgage construction/permanent loan, a Florida Housing SAIL loan, a county loan, and deferred developer fees. The applicant has submitted a commitment letter from Charter/Mac dated April 8, 2002, for a first mortgage construction/permanent loan. The construction loan is in the amount of $1,250,000, with an interest rate based on the permanent loan rate plus 30 basis points, fixed at closing, The maximum term is 24-months, with payments of interest only during that period. The permanent loan is in the amount of($1,750,OQO;.with an interest rate based on the current 10-year U.S. Treasury rate plus 293 basis p'oink and will be amortized on a 30-year schedule, with an 18-year term following conversion. The applicant has applied to Florida Housing for a $1,500,000 SAIL loan. The SAIL loan term is anticipated to be for a period of not more than 15 years, Including the construction/stabilization period. It will be non-amortizing and will bear 3% simple Interest per annum. Annual payments will be required of all applicable fees. In addition and to the extent -2- Mr. Chris Buswell Meridian West, 2002-057CS November 25, 2002 that development cash flow is available; interest payments at the 3% rate will be required. Any unpaid interest will be deferred until cash flow is available. However, at the maturity of the SAIL loan, all principal and unpaid interest will be due. Seltzer's credit underwriting assumes interest payments at 3.47% (the simple interest rate plus applicable fees). The applicant has submitted a firm commitment letter from the Monroe County Land Authority ("MCLA") dated April 11, 2002, for a construction/permanent loan in the amount of $1,500,000. The loan will bear an interest rate of 0.00%, be non-amortizing for a term of 50 years, at which time the full principal amount is due. During the construction period, the Applicant must defer developer fees totaling $1,490,619. The developer fees represent amounts that must be deferred after all available loan proceeds and HC equity contributions have been received during the construction period, Deferred developer fees upon stabilization total $1,021,989. This amount represents developer fees that must be deferred after all available loan proceeds and HC equity contributions have been received during the permanent period. Following is a summary of the HC Allocation Calculation. Note that these calculations are based upon information provided in the application. Updated information submitted during credit underwriting may result in changes to these preliminary estimates. If you have any questions regarding this letter please do not hesitate to call me at 850-233- 3616 ext, 225. Sincerely, SELTZER MANAGEMENT GROUP, INC. op Don Jackson Credit Underwriter -3- Mr. Chris Buswell Meridian West, 2002-057CS November 25, 2002 HC ALLOCATION CALCULATION Section I: ElIglble_.Basls Calculation Development Cost I Less Land Cost !Less Federal Funds !Less Other Ineligible Cost iLess Disproportionate Standard $13.226,989 ($2.420,000) $0 ($242,467) $0 Total Eligible Basis Applicable Fraction DDA/QCT Basis Credit Qualified Basis Housing Credit Percentage Annual Housing Credit Allocation $10.564,522 100.00% 130.00% $13.733,879 8.27% $1.135,792 Notes to the Qualified Basis Calculation: 1. Other Ineligible Costs primarily include construction loan interest incurred during the lease- up period, origination fees and closing costs related to the pennanent loan, compliance fees and advertising & marketing costs. 2. The development has a 100% set aside. The Applicable Fraction is therefore 100%, 3. The development is located in a Difficult Development Area (.DDA"). The development is not located in a Qualified Census Tract ("QCr). Section II: Gap Calculation Total Development Cost (Including land and Ineligible Costs)! $13.226,989 iLess Mortgages ILess Grants Equity Gap ($4,250,000) $0 $8,976,989 Percentage to Investment Partnership HC Syndication Pricing HC Required to Meet Gap Annual HC Required r 99.99% $0.7800 i $11,510,407 $1,151,041 Notes to the Gap Calculation: 1. Mortgages represent the first mortgage provided by CharterlMac, the second mortgage to be provided by Florida Housing and the third mortgage to be provided by Monroe County. 2. HC Syndication Pricing and Percentage to Investment Partnership are based upon the April 9,2002 RGG Commitment Letter (Syndication Agreement). -4- Mr. Chris Buswell Meridian West, 2002-057CS November 25, 2002 Section III: Summary HC per Applicant Request HC per Qualified Basis HC per Gap Calculation $1,020,000 $1,135,792 $1,151,041 Annual HC Recommended $1,020,000 Notes to the Summary: 1. The Annual HC Recommended is limited by the Applicant's Request. 2. Annual HC Recommended is contingent upon final credit underwriting. -5-