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Item O15 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 28. 2009 Division: County Attorney Bulk Item: Yes XX No Staff Contact Person: Pedro Mercado AGENDA ITEM WORDING: Approval of Resolution to extend the default date for the SHIP mortgage issued to Woods Comer. ITEM BACKGROUND: The County provided a construction loan for the purposes of building affordable housing units on Islamorada. The mortgage was entered in to on July 23, 2007 with the Middle Keys Community Land Trust (MKCLT). The mortgage was due and payable on May 1, 2008. Monroe County and :MKCLT agreed to allow for incremental repayment as the units were sold. :MKCLT requires additional time to complete the sales of the units and payoff the construction loan. PREVIOUS RELEVANT BOCC ACTION: Approved a resolution at the May 21,2008 BOCC meeting extending the due date on the loan to June 30, 2008. Approved subsequent resolutions extending the due date until July 31, 2008~ November 30, 2008~ and, most recently, until January 31,2009. CONTRACT/AGREEMENT CHANGES: Extends the due date on the loan from July 31,2008 to March 31,2009. STAFF RECOMM:ENDA nONS: Approval TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/ A SOURCE OF FUNDS: REVENUE PRODUCING: Yes-#)o_ AMOUNT PER MONTB Year APPROVED BY: County Att/~ OMBlPurchasing _ Risk Management _ DOCUMENTATION: Incl:ted XX NotRequired_ DISPOSITION: AGENDA ITEM # Revised 2/05 RESOLUTION NO. -2009 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, EXTENDING THE DEFAULT DATE FOR THE SHIP MORTGAGE ISSUED FOR WOODS CORNER. WHEREAS, on July 23, 2007, the Board of County Commissioners of Monroe County (County), Florida, executed a SHIP construction mortgage in the amount of $315,000 with the Middle Keys Community Land Trust (MKCL T) for affordable housing at Woods Corner, Islamorada, Florida~ and WHEREAS, the mortgage was due and payable on April 30, 2008~ and WHEREAS, MKCLT has obtained certificates of occupancy on some of the units but is not prepared to vmte a check to the County for the amount of the construction loan~ and WHEREAS, it is anticipated that SHIP mortgages will be executed for each unit purchase~ and WHEREAS, the SHIP budget has some administrative monies budgeted which could be transferred through a companion resolution to cover the issuance of the individual purchase mortgages until the construction mortgage is satisfied through checks to be issued by MKCL T at each closing; and . WHEREAS, it is necessary to extend the due date on the construction loan mortgage in the amount of $315,000 and recorded at OR Book 2310, Pages 1991 through 1995, or to find the mortgagor in default; and WHEREAS, the County has previously agreed to extend the due date on the construction loan; and WHEREAS, MKCL T needs additional time to complete the sales of the Woods Comer units Of face default; NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida that: Section 1. The previously extended due date of January 31, 2009, of the $315,000 SHIP mortgage between the mortgagor Middle Keys Community Land Trust (MKCL T) and the mortgagee Monroe County (County) is hereby extended to March 31, 2009. Section 2. This resolution shall be effective as of January 31,2009. Page 1 of 2 Pages Res Extend Due Date MKCLT SHIP Mtg On Woods Corner to 3/31/2009 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 28th day of January, 2009. Mayor George Neugent Mayor Pro Tern Sylvia Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario DiGennaro (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman o Page 2 of 2 Pages Res Extend Due Date MKCLT SHIP Mtg On Woods Corner to 3/31/2009 RESOLUTION NO. 504 - 2008 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, EXTENDING THE DEFAULT DATE FOR THE SHIP MORTGAGE ISSUED FOR WOODS CORNER. WHEREAS, on July 23, 2007, the Board of County Commissioners of Monroe County (County), Florida, executed a SHIP construction mortgage in the amount of $315,000 with the Middle Keys Community Land Trust (MKCLT) for affordable housing at Woods Comer, Islamorada, Florida; and WHEREAS, the mortgage was due and payable on April 30, 2008; and WHEREAS, MKCL T has obtained certificates of occupancy on some of the units but is not prepared to write a check to the County for the amount of the construction loan; and and WHEREAS, it is anticipated that SHIP mortgages will be executed for each unit purchase; WHEREAS, the SHIP budget has some administrative monies budgeted which could be transferred through a companion resolution to cover the issuance of the individual purchase mortgages until the construction mortgage is satisfied through checks to be issued by MKCL T at each closing; and WHEREAS, it is necessary to extend the due date on the construction loan mortgage in the amount of $315,000 and recorded at OR Book 2310, Pages 1991 through 1995, or to find the mortgagor in default; and and WHEREAS, the County previously agreed to extend the due date on the construction loan; WHEREAS, MKCLT needs additional time to complete the sales of the Woods Comer units or face default; NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida that: Section 1. The previously extended due date of November 30,2008, of the $315,000 SHIP mortgage between the mortgagor Middle Keys Community Land Trust (MKCL T) and the mortgagee Monroe County (County) is hereby extended to January 31, 2009. Section 2. This resolution shall be effective as of December 17, 2008. Res Extend Due Date MKCLT SHIP to 1/31/09 1 Mtg on Woods Corner . , PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17th day of December, 2008 " - " 'I' ---: . ,... - ......._~~~~ r ~ ~ "i~\~~./> ~\ .. "l ' . ';;:\/<:$;;Y' \\ 'L^: -,';:~:~~\\~ In' ,I .'/',ii, }\i', \ \ " ,'" ". 1 Ii .'~~ ~ 'f;/t.r~i' \\ \'-::-~ ':'1'.' -, ';r~v~ \.:>~" \'ff;:'{:;: l.t -. """ <:~~i~~:p':;?/'.l "<~~~:DANNY L. KOLHAGE, Clerk BY.~~ eputy Clerk Mayor George Neugent Mayor Pro Tem Sylvia Murphy Commissioner Mario DiGennaro Commissioner Kim Wigington Commissioner Heather Carruthers ~ Yes Yes - Yes - ~ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By /;-~.t!. 'rJoI.4,4-- Mayor . '~1. ..~ .- I "~"f Res Extend Due Date MKCLT SHIP to 1/31/09 2 Mtg on Woods Corner