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County ratifies mortgage satisfaction for Phoenix Crossing and directs ARPA/SHIP deadline changes
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Summary
Flagler County commissioners ratified a recorded mortgage satisfaction and termination of restrictive covenants for the Phoenix Crossing project, and directed staff to prepare an amended ARPA agreement (new expiration 06/30/2027 with a potential clawback tied to building permits by 09/01/2026) and to extend $330,000 in SHIP funding for the project.
Flagler County commissioners on a unanimous roll-call vote ratified the recorded satisfaction of mortgage and termination of a declaration of restrictions for the Phoenix Crossing supportive housing project and provided staff direction on funding deadlines and protections.
Assistant County Attorney Sarah Spector told the board the county was being asked to ratify documents that had already been executed and recorded following the project’s bridge loan closing. She said the recorded instruments “do nothing more than release this mortgage, which we had been fully satisfied on, and terminate the declaration of restrictions” tied to prior SHIP funding.
Project representatives said the developer closed a bridge loan and expects a final closing this week; construction would start within 30 days after closing with a projected final completion date of June 30, 2027. Sandra Schenck, the project lead, said the contractor had transmitted a construction schedule and the team was “ready to go” once permits and financing were in place.
The board moved to ratify the recorded mortgage satisfaction and termination and to give staff direction to prepare the required SHIP documents to extend $330,000 in funding under a new timeline. Commissioners also asked staff to return with an amended ARPA agreement setting an ARPA expiration of June 30, 2027 and to consider a clawback provision (staff suggested building permits pulled by Sept. 1, 2026 as a trigger) so that ARPA funds could be reclaimed if critical milestones were not met.
Interim County Administrator Mingle later confirmed staff would return with a revised ARPA agreement expiring on June 30, 2027 and an ARPA clawback requiring building permits to be pulled by Sept. 1, 2026, and with an amended SHIP agreement to provide $330,000 in funding.
The motion was approved by roll call with all commissioners voting in favor.
What’s next: staff will prepare the formal ARPA and SHIP documents reflecting the new deadlines and proposed clawback language and return them to the board for formal approval.
