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Item M23 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Bulk Item: November 20. 2002 Yes X No Division: Department: Growth Management Planning AGENDA ITEM WORDING: Approval for one Affordable Housing Deed Restriction for a dwelling unit from James & Gabriele Ostrowicki. ITEM BACKGROUND: On October 23, 2002 the Planning Commission approved an allocation award for the applicant listed below provided the applicant's Affordable Housing Deed Restriction is approved by the BOCC. James & Gabriele Ostrowicki submitted the Restrictive Covenant to Monroe County, The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2003, has filed the document in accordance with Ordinance No. 47-1999. PREVIOUS RELEVANT BOARD ACTION: On November 11, 1999, the BOCC adopted Ordinance No, 047- 1999. CONTRACT/AGREEMENT CHANGES: N/ A. STAFF RECOMMENDATION: Approval. TOTAL COST: x BUDGETED: Yes N/ A No COST TO COUNTY: N/A REVENUE PRODUCING: Yes N/ A No AMOUNT PER MONTH N/A Year APPROVED BY: County Atty l Risk Management N/A DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDAITEM#~~ MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management rf/4r November 20,2002 Clarification of Agenda Item Affordable Housing Permit Number Name on A~enda Item Name on Restrictive Covenant 02-1-2820 James & Gabriele Ostrowicki James & Gabriele Ostrowicki Legal Description Lot 11, Block 2, Big Coppitt Amended, Big Coppitt MONROE COUNTY PLANNING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION STA TE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: I. I !We , James & Gabriele Ostrowicki. a married couple, the undersigned is/are the sole owner(s) of certain real property, situated, lying and being in Monroe County, State of Florida, described as follows: Lot(s): 11 Block: 2 Subdivision: Bia Coppitt Amended Plat Key: Bia Coppitt PB: 4-50 (If legal description is metes and bounds, attach a separate sheet) Real Estate Number: 00149680.000000 II. The residential unit Building Permit Number is 02-1-2820. III. Under the affordable housing provisions set for in Chapter 9.5 of Monroe County Land Development Regulations, the owner or owners of the above-described real property have been exempted from payment of "Fair Share Impact Fees" for a (check one): a single-family!, a multi-family unit, _, a mobile home _ to be constructed on said real property. IV, The annual adjusted gross income for the owner-occupied or tenant- occupied household does not exceed one hundred (100) percent of the median adjusted gross annual income within Monroe County. V. The rent (employee housing/tenant) will not exceed thirty (30) percent of the median adjusted gross annual income divided by 12 for households within Monroe County, VI. Under Monroe County Code Section 9,5-266, the affordable housing dwelling unit is restricted to a maximum of one thousand three hundred (1,300) square of feet habitable space for a period of at least fifty (50) years. Real Estate No. # 00149680.0000000 Affordable Housing Deed Restriction Page 1 of2 InitialH VII. The applicant(s) have used the affordable housing program to gain additional points in the permit allocation system pursuant to Monroe County Section 9.5-122,3(6), VIII. The covenants shall be effective for fifty (50) years, but shall not commence running until a certificate of occupancy has been issued by the building official for the dwelling unit(s) to which the covenant or covenants apply, This deed restriction shall remain in effect for fifty (50) years regardless of the owner(s) or occupant(s) ability to comply or re-qualify on an annual basis or as otherwise may be required. IX. All of the restrictions herein shall be binding upon any transferees, lessees, heirs, assigns or successors in the chain of title, I/we certify that I/we am/are familiar with the information herein contained and that it is true and correct to the best of my knowledge and belief; and I/we will abide by th~ove stated restrictions pursuant to Monroe County Code Chapter 9,5 as 'y'be~ended from time to time. // . / /~~ ames Ostrowicki (Print/Type Name) Address: 14:0 P "iGlciC) ~ B Attorney's Offic;-- lA~ ~ ~ I, c:ae, ~3Ol(O The foregoing instrumen was ac , dged befor~ me this 3 I day of (2-<:;f-ober , 2~A.D~e Kf .,1. CJsf.,,,,,,,rt::;is/are personally known to me or "1' ~L Lt~ f'1J,( e s' as 'd t'fi . *' .~~'f., NCj;,'" :.o! I en J 'catlon. ~ ""Qi "~'o~1>... " ~)1J f?;z.' - ..>.. if 1b"S,.... My Commission Expires 9~~ -P ~*~ . ~ .~...1N)/~~~~\ #CC958897 :~r tal:ymlic~~nature) 2>0<'5'1 tc<).,J.,;;<{ -' '.' \.~"'!6~.,.8onded~~~'~~ f:::; r me);<J -(;~~;P.-v- '3t1d~ ~L.330'/3 ~;J-~u~'~!'I~c.~~o<<~~ NotaryPublic (PrintName) , ~7 ~"1. QLtc Sir-;\"~\\" Real Estate No. # 00149680.0000000 ~11"'"illl"\\\~ 7 '-/ 0 f f?-..1t1J 0 C-I L ""3 '"!;.() t.f D Address: Gabriele Ostrowicki Affordable Housing Deed Restriction Page2of2 Initial