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Item P02BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 17, 2009 Bulk Item: Yes XX No Division: County Attorney Staff Contact Person; Pedro Mercado AGENDA ITEM WORDING: Approval of Resolution to extend the default date for the SHIP mortgage issued to Woods Corner. 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 pay off the construction loan. The new extension is being requested in that enable transactions to close after November 30, 2008 and through January 31, 2009. 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 a second resolution at the July 15, 2008 BOCC meeting extending the due date until July 31, 2008. Approved Resolution No. 348-2008 on October 15, 2008 extending the due date to November 30, 2008. CONTRACT/AGREEMENT CHANGES: Extends the due date on the loan retroactive from November 30, 2008 to January 31, 2009. STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes o AMOUNT PER MONTH Year APPROVED BY: County Attyf". OMB/Purchasing Risk Management DOCUMENTATION: DISPOSITION: Revised 2/05 Included XX Not Required AGENDA ITEM # 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 (MKCLT) 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 write 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 MKCLT 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 previously agreed to extend the due date on the construction loan; and WHEREAS, MKCLT needs additional time to complete the sales of the Woods Corner 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 (MKCLT) 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 Dee 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, 2009. Mayor George Neugent Mayor Pro Tem. Sylvia Murphy Commissioner Mario DiGennaro Commissioner Kim Wigington Commissioner Heather Carruthers (SEAL) Attest: DANNY L. KOLHAGE, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor e cOUNTY ATTOHN RO ED AS T p I M CADO / ;DaTe ISTANT o U Y ATTORNEY �! Z d� Res Extend Due Date MKCLT SHIP to 1/31/09 Mtg on Woods Corner �A