Loading...
Item J2 LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: May 18, 2005 Division: Land Authority Bulk Item: Yes No l Staff Contact Person: Mark Rosch Agenda Item Wording: Approval of a resolution authorizing the purchase and conveyance of Lot 29, Ramrod Shores Third Addition on Ramrod Key in partnership with Habitat for Humanity and the Florida Keys Community Housing and Land Trust, Inc. for affordable housing. Item Background: The subject property consists of a 6,000 square foot lot zoned Improved Subdivision (IS) on Brown Road, Ramrod Key. The prior owner received a ROGO allocation to build an affordable single-family home on the lot and subsequently sold the lot to Habitat for Humanity of Key West and the Lower Florida Keys (HFH) for $42,000. Under the proposed resolution, the Land Authority would buy the lot from HFH at the purchase price of $42,000 and donate same to the Florida Keys Community Housing and Land Trust, Inc. for development. The proposed deed restriction allows for the development of either ownership or rental housing and has been expanded to require a direct limit on the resale price, a right of first refusal in favor of the land trust, SHIP certification procedures, a nullification provision, and a notice provision. Advisory Committee Action: On April 27,2005 the Committee voted 4/0 to approve this resolution. Previous Governing Board Action: On April 20, 2005 the Board approved conveying an affordable housing site on Big Coppitt to the Florida Keys Community Housing and Land Trust subject to the same deed restrictions. Contract/Agreement Changes: None. Staff Recommendation: Approval. Total Cost: $43,385.00 Budgeted: Yes -L No _' Cost to Land Authority: $43,385.00 Source of Funds: Land Authority (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney -L County Land Steward _' Executive Director Approval: ~.~~ Mark J. Rosch Documentation: Included:..lS.- To Follow: Not Required: Disposition: Agenda Item Property Ramrod Shores, 3rd Addition Lot 29 (Habitat for Humanity of Key West and the Lower Florida Keys. Inc.) Purchase Price $42,000.00 Envr. Audit, Survey. Appraisals or Clean-up $500.00 05/18/05 Title Insurance $366.50 Attorney Fee $500.00 Recording Fee $18.50 Acquisition Total $43.385.00 RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING THE PURCHASE AND CONVEYANCE OF LOT 29, RAMROD SHORES THIRD ADDITION ON RAMROD KEY IN PARTNERSHIP WITH HABITAT FOR HUMANITY AND THE FLORIDA KEYS COMMUNITY HOUSING AND LAND TRUST, INC. FOR AFFORDABLE HOUSING. WHEREAS, section 380.0666(3), Florida Statutes (FS) and section 9.3-2, Monroe County Code, empower the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority") to acquire and dispose of interests in real property for the purpose of providing affordable housing to very low, low, and moderate income persons as defined in section 420.0004, FS, where said acquisitions are consistent with a comprehensive plan adopted pursuant to Chapter 380, FS; and WHEREAS, Habitat for Humanity of Key West and Lower Florida Keys, Inc. (hereinafter "HFH") has purchased Lot 29, Ramrod Shores Third Addition (PB 6-108) as an affordable housing site; and WHEREAS, certain members of HFH have formed a Florida non profit corporation known as Florida Keys Community Housing and Land Trust, Inc. in order to have better control of affordable housing over the long term; WHEREAS, on April 27, 2005, HFH representatives appeared before the Land Authority Advisory Committee and requested the Land Authority to purchase title to the subject property from HFH and to convey same to Florida Keys Community Housing and Land Trust, Inc. for development with affordable housing; and WHEREAS, the Land Authority Advisory Committee considered this resolution at a meeting held on April 27,2005 and voted 4/0 to recommend approval; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY: Section 1. The Governing Board approves the purchase of the subject property using the Land Authority's standard purchase agreement at a price of $42,000 and authorizes staff to close the transaction. Page 1 of 2 Section 2. At closing, the Chairman of the Land Authority Governing Board is hereby authorized to sign a deed conveying title to the subject property to Florida Keys Community Housing and Land Trust, Inc. Said deed shall restrict future use of the property to the requirements specified in Attachment A. PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this day of 2005. (Seal) ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Mark J. Rosch Executive Director David P. Rice Chairman Approved for Legal Sufficiency Larry R. Erskine Page 2 of 2 ATTACHMENT A AFFORDABILlTY COVENANTS 1. Affordability Period. These affordability requirements shall run with the property in favor of the Monroe County Comprehensive Plan Land Authority (hereinafter "MCLA") and shall not expire. 2. Income Limits, Use and Transfer Restrictions. Florida Keys Community Housing and Land Trust, Inc. (hereinafter "FKCHL T") shall make the property available as either ownership housing or rental housing in accordance with the conditions specified below. 2.1. Ownership Housinq. FKCHL T shall retain title to the land under ownership housing and shall not subsequently transfer title to the land without prior written approval of MCLA. Ownership of the improvements, together with a leasehold interest in the land, may be conveyed by FKCHL T subject to the following conditions. 2.1.1. Use and Occupancy. The subject property shall be owner occupied and used as the homeowner's primary residence and such other uses incidental to residential use as may be permitted by local zoning and land use regulations. 2.1.2. Income Qualified Buyers. Ownership shall be restricted to very low income persons, low income persons, or moderate income persons as defined in S420.0004, Florida Statutes (hereinafter "Income Qualified Buyer"). 2.1.3. Affordability. Monthly mortgage payments shall be affordable as defined in S420.0004, Florida Statutes. 2.1.4. Resale Limits. The leasehold estate and the improvements located thereon may be transferred, subject to the provisions of Paragraph 2.1.2 above, provided the transfer price does not exceed 25.5 times the monthly median household income for a family of four residing in Monroe County, Florida at the time of the transfer. 2.1.5. Riqht of First Refusal. All deeds or instruments conveying title to the improvements shall expressly set forth a right of first refusal in favor of FKCHL 1. 2.1.6. Special Provisions. (None) 2.2. Rental Housinq. FKCHL T shall retain title to the land and improvements and shall not subsequently transfer title to same without the prior written approval of MCLA. 2.2.1. Use & Occupancy. The subject property shall be operated, managed and otherwise administered as permanently affordable rental housing and such other uses incidental to residential use as may be permitted by local zoning and land use regulations. 2.2.2. Income Qualified Tenants. Occupancy of rental housing units shall be restricted to very low income persons, low income persons, or moderate income persons as defined in S420.0004 (hereinafter "Income Qualified Tenant"). 2.2.3. Affordability. Monthly rents shall be affordable as defined in S420.0004, Florida Statutes. 2.2.4. Special Provisions. (None) 3. Profit. FKCHL T is a not-for-profit corporation. FKCHL T is prohibited from earning profit on the subject property. 4. Refinancinq Limits. FKCHL T shall be prohibited from encumbering the land for any purpose without the prior written approval of MCLA, except for encumbrances for projects resulting in capital improvements to the property. 5. Affordability Monitorinq. FKCHL T will be responsible for ensuring these affordability requirements are maintained. Prior to occupying the property, all buyers and tenants must be certified by the Monroe County Housing Authority as to compliance with Paragraphs 2.1.2, 2.1.3, 2.1.4, 2.2.2, and 2.2.3 above using the State Housing Initiatives Partnership (SHIP) requirements of 24 Code of Federal Regulations Part 5. FKCHL T shall be responsible for obtaining said certifications from the Monroe County Housing Authority and shall provide a copy thereof to MCLA. 6. Nullification. Any written instrument attempting or purporting to sell, convey, grant, transfer, exchange or assign any legal or equitable rights or interests to the property shall be deemed null and void where such instrument is, on its face or in effect, inconsistent with or contrary to these covenants. 7. Notice. All deeds or instruments conveying title to the property or improvements shall expressly set forth verbatim this and the foregoing covenants or, in lieu thereof, incorporate them by specific reference to this Warranty Deed, by Book and Page numbers where recorded in the Public Records of Monroe County. In addition, the grantee in any such conveyance shall execute and record with the documents of conveyance an affidavit certifying that FKCHL T has advised grantee as to the meaning of said covenants and certifying that grantee understands and accepts said covenants. Covenants Acknowledged and Accepted by Florida Keys Community Housing and Land Trust, Inc. By: Date: Jerry Coleman, Director <( Q>- C:<( Oc::l ...J Ll.. UJ P~>- ZUJ ::.:: o Z <( o c:: o ...J Ll.. Ll.. o (f) t:: ~ t1 UJ Q(ij 0::.:: ::> o ::Eit) ::E .. .. u '" .. r t1 > il< .. Is.. +- 10 ~ ., 70 '" ~ :!:: 40 d . 7t 0 "'- I!: "" 17 0 . () 10 11 '" d t1 ,. II r. 10 ,. n t1 " n 11 11 ~ 17 11 11 JO J1 .. sc ~'""--,--~'-~'''~~ ~&I!IOAO-R( ...llil-~ I I I Mile Marker 27 Island Ramrod Key Property Ramrod Shores Marina Section