Resolution 086-2006
RESOLUTION
086 - 2006
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA TO WAIVE ANY RIGHTS WITH RESPECT
TO THE SALE OF THE PROPERTY KNOWN AS GULFSHORE
APARTMENTS, LOCATED IN MARATHON, FLORIDA, UPON THE
SATISFACTION OF MORTGAGE
WHEREAS, the Board of County Commissioners of Monroe County considered a request by the owner
of property located at 999 415t Street, Marathon, Florida (the "Property"), also known as the Gulfshore
Apartments (RE No. 00337330-000000), concerning the existing SHIP rehabilitation mortgage loan
encumbering the Property and being recorded at Book 1448, Page 950 of the Public Records of
Monroe County (the "Mortgage"); and
WHEREAS, in conjunction with the owner's sale of the Property and payoff of the Mortgage, the
owner of the Property requested notice whether Monroe County or its designee intends to enforce its or
their rights, if any, relating to the right of first refusal reference contained in the Mortgage; and
WHEREAS, the Board of County Commissioners duly considered the request and determined not to
pursue such rights, if any, under the right of first refusal reference in the Mortgage; and
WHEREAS, the owner of the Property requests that Monroe County reduce its determination to a
written resolution:
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe
County, Florida, that the County hereby:
Section 1: That upon receipt of the full amounts due to Monroe County under the provisions of the
aforementioned recorded Mortgage, where such repayment is made in conjunction with the sale of the
Property, and upon Monroe County's recording of customary instruments evidencing satisfaction of the
mortgage, the Property owner's obligations of record, if any, with respect to the right of first refusal
reference, together with all of the other obligations under the Mortgage and other loan documents
associated therewith, will have been satisfied.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a
regular meeting on said Board on the 15th day of Feb. , A.D., 2006
Mayor McCoy
Commissioner Nelson
Q~&ipner Neugent
.~;~~- ~ r~~r Spehar
, /. "' Rice
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN , FLORIDA 5 CJ
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MONROE COUNTY HOUSING AUTHORITY
1400 KENNEDY DRIVE · KEY WEST, FLORIDA 33040 · 305296-5621
Board of Commissioners
Harry Bethel
Aaron Castillo
Margaret Gil
John Dolan-Heitlinger
Ailton Lopez
J. Manuel Castillo, Sr.
Executive Director
SENT VIA FACSIMILE
404-222-4654
December 29,2005
Cory Thompson
Kutak Rock LLP
Suite 2100 - Peachtree Center South Tower
225 Peachtree Street, N.E.
Atlanta, GA 30303-1731
RE: Gulf Shores Apartments
Dear Mr. Thompson:
The Monroe County Finance Department has advised that the payoff amounts as of December
30, 2005 on the above referenced property is as follows:
State Housing Initiatives Partnership
Community Development Block Grant
$19,748.80
$37,378.24
Tom Willi, County Administrator has advised that the County voted to not pursue the "Right of
First Refusal" at their December 21, 2005 meeting, therefore payment of the payoff amounts
would satisfy the mortgage on the property.
u)
J. Manuel Castillo, Sr.
Executive Director
JMC:cac
pc: Tom Willi, County Administrator
Mark Rosch, Executive Director
Monroe County Land Authority
',Jan, 9. 2006 3:55PM
No.0572 p, 2/4
KUTAK ROCK LLP
January 9, 2006
ClilOAao
DENveR
DES MOINES
FAY&TTIliVILLE:
IRVINE
KAN8AS CITY
LITTLE ROCK
L08 ANGlELE8
OKLAHOMA CITY
OMAHA
PASADENA
RI(lHMOND
SCOTTSDALE
IIVASHINGlTON
W,ONrTA
SUITE 2100
PEACHTFlEE CENTER SOuTH iOWER
225 PEACHTREE 8TREET, N.Ii.
ATLANTA, GEORGIA 30303-173'
404-222-4800
FACSIMILE 404-222-4854
www,k"tal("QQk_CIIom
VIA FACSIMILE 305-296-0932
Mr. Manuel Castillo, Director
MONROE COUNTY HOUSING AUTHORITY
1403 12TIi Street - clo Special Programs Office
Key West, Florida 33040
Re: Gulf Shores Apartments
999 41st Street Gulf, Marathon, Florida
Dear Manny:
Thank you for your letter of December 29, 2005 regarding the payoff amounts and right
of first refusal for the property referenced above. So that Ms. LeBaron may sell the Property, the
purchaser's title insurance company needs a written resolution formally docwnenting the
County's position with respect to the right of first refusal. I've attached a draft resolution for
such purposes.
Since you have been involved with the Property for some time and have had discussions
with the County, we request that you take a look at the resolution to see if it matches your
understanding. Also, please let us know who we should contact to have the resolution blessed as
far as fonn and placed on the Board of County Commissioner's agenda for consideration at the
next scheduled meeting.
Please let me know your thoughts. Thank you for your assistance.
Sincerely,
h gtb--
Cory B. Thompson
cc: Sherry Spiers, Esq. (via emaiJ)
Jolm D. Jones (via email)
Drew Marlar, Esq.
4838-9166-1056. I