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Item M2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY March Meeting Date: j116, 2005 Division: Monroe County Housing Authority Bulk Item: Yes X No Department: Special Programs Office AGENDA ITEM WORDING: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA PROVIDING FOR A SUBORDINATION OF MORTGAGE FOR PROPERTY ENCUMBERED BY A MORTGAGE TO MONROE COUNTY IN CONJUNCTION WITH TIIE MONROE COUNTY STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM. ITEM BACKGROUND: The Monroe County SHIP Program provided funding in the amount of $50.000 for the rehabilitation to 5 of 7 units of affordable rental property located at 3918 Gulfview Avenue. Marathon. In consideration of SHIP funding, the property is subject to a mortgage to Monroe County in the amount of $50.000. The property is subject to affordability restrictions contained in the mortgage. The Owner requests a Subordination of Mortgage in order to refinance the existing primary mortgage and borrow against the additional equity in the property in the amount of $20.000 for the purposes of completing improvements to the remaining and currently uninhabitable two previously unimproved affordable units. These units would be occupied as affordable rentals and subject to the conditions oftbe existing Monroe County mortgage. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. Note: The proposed CLTV after additional private financing would be 800,/0. This is the maximum allowable under industry norms and SHIP mortgage in second/subordinate position. Mitigating this risk would be addition of two additional affordable rental units. TOTAL COST: $-0- BUDGETED: Yes No X COST TO COUNTY: $-0- SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No ~ APPROVED BY: County Attny. ~ OMB/P 1 DIVISION DIRECTOR APPROVAL: AMOUNT PER: Month Year Risk Management _ J anu I Castillo, Sr., Executive Director Monroe County Housing Authority DOCUMENTATION: Included ~ To Follow Not Required _ DIsposmON: AGENDA ITEM # RESOLUTION - 2005 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA PROVIDING FOR A SUBORDINATION OF MORTGAGE FOR PROPERTY ENCUMBERED BY A MORTGAGE TO MONROE COUNTY IN CONJUNCTION WITH THE MONROE COUNTY STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM. WHEREAS, Monroe County State Housing Initiatives Partnership Program contributed funding in the amount of $50,000 for rehabilitation offive (5) of seven (7) rental apartments located at 3918 Overseas Highway, Marathon, Florida, and; WHEREAS, in consideration of said funding Monroe County placed a subordinate (2nd position) mortgage lien on the property containing affordability restrictions for a term offifteen (15) years subject to a forgiveness of principal at the rate of 15% annually, and; WHEREAS, the owner now desires to refinance the existing primary mortgage, borrowing additional funds in the amount of $20,000 for the purpose of rehabilitating the remaining two (2) unoccupied and uninhabitable rental units on the subject property, and; WHEREAS, upon review of an appraisal and proposed primary mortgage terms, the combined loan to value after refinance of the primary mortgage will result in a combine loan to value of 800.10, which is within but at the maximum amount allowable under lending industry nonns, WHEREAS, the results of approval of the applicants request, is expected to be the creation of two additional habitable rental units subject to the affordability restrictions contained witmn the existing SHIP mortgage. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County, Florida, that the County hereby: Hereby authorizes the County Administrator to execute a Subordination of Mortgage, attached hereto as "Exhibit A ". PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting on said Board on the _ day of , A.D., 2005 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor Spehar Mayor Pro Tem Nelson Comissioner Neugent Commissioner McCoy Commissioner Rice By: Mayor Spehar SEAL ATTEST: Date: 2(' V es- AGREEMENT TO SUBORDINATE WAN day of 2005 between MONROE THIS AGREEMENT made this COUNTY herein referred to as "Lienholder," having its principal office at Monroe County Courthouse, 500 Whitehead Street, Key West, FL 33040, and HOME FEDERAL BANK OF HOLLYWOOD, herein referred to as "Lender", a Corporation organized under the laws of the State of Florida THE PARTIES STIPULATE AND RECITE THAT: A. By reason of that Mortgage given by Lienholder to Sheria Sawyer, Irving Sawyer and Delores Sawyer, herein referred to as "Owner," in the amount of FU.rV mOUSAND DOLLARS AND NO CENTS ($50,000.00), dated the 1st day of December 2001 and recorded the 21 st day of December 1995 in Official Records Book 1747 Page 1922 upon the property hereinafter described, Lot 13 of Block 5, Resubdivision of part of Block 2 and all of Block 5 of Marathon Beach, a subdivision of part of Government Lot 3, Section 10, Township 66 South, of Range 32 East, according to the plat thereof as recorded in Plat Book 2 at Page 21, of the Public record of Me Which has the street address of 3913 Gulfside Avenue. Marathon. Florida 33050 Page 10f2 Subordination- SawyerlHome Federal IN WITNESS WHEREOF, the parties have executed this agreement at Monroe County, State of Florida, the day and year first above written. WITNESSES MONROE COUNTY By: Witness Signature Printed Name: Witness Signature Printed Name: ZAN E A. TO ASSISTANT ~N7tl}ORNEY Data ~ '7 :> STAtE OF FLORIDA COUNTY OF MONROE I I HEREBY CERTIFY that on this day of , 20_ before me, an officer duly qualified to take acknowledgments, personally appeared . to me known to be the personls described in and who executed the foregoing instrument and acknowledged before me that beIthey executed the same. Driver Licensels shown as identification. SEAL NOTARY PUBLIC SIGNATURE Printed Name of Notary Commission No.: My Commission Expires: HOME FEDERAL BANK OF HOLYWOOD Witness Signature Printed Name: By: Title: Witness Signature Printed Name: STATE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that on this day of 20_ before me, an officer duly qualified to take acknowledgments, personally appeared , to me known to be the personls described in and who executed the foregoing instrument and acknowledged before me that helthey executed the same. Driver Licensels shown as identification. SEAL NOTARY PUBLIC SIGNATURE Printed Name of Notary Conunission No.: My Commission Expires: Page 2 of2