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Item M31 ADD-ON 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 three Affordable Housing Deed Restrictions for three dwelling units from the Monroe County Housing Authority. ITEM BACKGROUND: On December 27, 1999, Monroe County and the Department of Community Affairs executed a Memorandum of Agreement providing for ninety replacement unit RaGa allocations dedicated for affordable housing in unincorporated Monroe County. The Monroe County Housing Authority submitted three Affordable Housing Deed Restrictions. PREVIOUS RELEVANT BOARD ACTION: On June 15, 2000, the BOCC adopted Resolution 230-2000, awarding fifty FEMA replacement unit permit allocations to the Monroe County Housing Authority for the construction of Affordable Housing rental units to be located on scattered sites in unicorportated Monroe County. CONTRACT/AGREEMENT CHANGES: N/A. STAFF RECOMMENDATION: Approval. TOT AL COST: x BUDGETED: Yes N/ A No COST TO COUNTY: N/A REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/ A Year DIVISION DIRECTOR APPROVAL: Risk Management N/ A APPROVED BY: County Arty l cGarry, AICP DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # JYJ3 J ADD-ON MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management DireC~ November 20, 2002 Clarification of Agenda Item Affordable Housing Permit Name on Name on Legal Number A2enda Item Restrictive Covenant Description 02-1-1477 Monroe County Monroe County Lot 11, Block 9, Housing Authority Housing Authority Johnsonville, Big Coppitt 02-1-1474 Monroe County Monroe County Lot 12, Block 9, Housing Authority Housing Authority Johnsonville, Big Coppitt 02-1-1476 Monroe County Monroe County Lot 10, Block 9, Housing Authority Housing Authority Johnsonville, Big Coppitt MONROE COUNTY PLANNING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION STATE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: I. I/We, Monroe County Housina Authoritv ,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 11, Block 9, Subdivision: Johnsonville, Big Coppitt PB: 1-53, Real Estate Number: 00152160.000000 II. The residential unit Building Permit Number is 02-1-1477. III. Under the affordable housing provisions set forth in Chapter 9.5 of the 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 single-family residence to be constructed on said real property. - IV. The annual adjusted gross income for the owner-occupied or tenant- occupied household shall not exceed one-hundred (100) percent of the median adjusted gross annual income within Monroe County for the single-family residence. Affordable Housing Deed Restriction (FEMA) RE: 00152160-000000 Page 1 of 3 I . . I ,-h4l {.;/ rutIa J t V. The rent (employee housing/tenant) shall 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 twenty (20) years. VII. The single-family residence is exempted from the Rate of Growth System (ROGO) based on the FEMA replacement allotment pursuant to Board of County Commissioners Resolution 230-2000. VIII. The covenant(s) shall be effective for twenty (20) 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 twenty (20) 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. The subject property shall also be subject to the provisions of Monroe County Resolution 230-20Qi which requires, in part, that no more than twenty (20) of a certain fifty (50) affordable housing units shall be rented for more than $800.00 per month. While the Resolution further requires said 20 units to be equitable distributed between the Middle and Lower Keys, the owner hereby recognizes that as many as twenty (20) units of the subject property may be subject to this limitation. In the even of any conflict regarding affordable housing criteria or restrictions, the most strict provision shall apply. X. All of the restrictions herein shall be binding upon any transferees, lessees, heirs, assigns or successors in the chain of title. XI. Further, the applicants, lessees, heirs, and/or successors are also, subject to the restrictions placed on the above-described premises by the Monroe County Comprehensive Plan Land Authority. Affordable Housing Deed Restriction (FEMA) RE: 00152160-000000 Page 2 of 3 Initial ;[J'~,lG / 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 the above stated restrictions pursuant to Monroe County Code Chapter 9.5 as established and amended from time to time. WITNESSESS: (~' f' (; ~~"'-l \'i)~-,-_ ~\ _~ld-<~'yr. (Signature) C. \-\ (:Z \ S. ") I'i\.i (t )i Cq -( 'c i~ (Print/Type Name) ;; ~ nature) Manuel Castillo, Sr., Executive Director, Monroe County Housing Authority Address: /Yu'y) k41/1-et'/1-.. / /~? ;c/~,!' "Fe. / / (5. nature) ~ ~N~4 ~4Lf (Print/Type Name) (Signature) (Print/Type Name) Address: STATE OF r:-h~/l)4 COUNTYOF~N~~ ~~~~g1Jrument was acknowledged b10~iS SIA.. day of .II , 200 z... by ./7//9/1/0-L' '//A;J 6..e . is/are personally known to me or has produced as identification. My Commission Expires Affordable Housing Deed Restriction (FEMA) RE: 00152160-000000 Page 3 of3 Initial P"-t/ MONROE COUNTY PLANNING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION STATE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: I. I/We, Monroe County Housina Authority ,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 12, Block 9, Subdivision: Johnsonville, Big Coppitt PB: 1-53, Real Estate Number: 00152170.000000 II. The residential unit Building Permit Number is 02-1-1474. III. Under the affordable housing provisions set forth in Chapter 9.5 of the 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 single-family residence to be constructed on said real property. IV. The annual adjusted gross income for the owner-occupied or tenant- occupied household shall not exceed one-hundred (100) percent of the median adjusted gross annual income within Monroe County for the single-family residence. Affordable Housing Deed Restriction (FEMA) RE: 00152170-000000 Page I of 3 Initial ''7l1i(." V. The rent (employee housing/tenant) shall 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 twenty (20) years. VII. Ihe single-family residence is exempted from the Rate of Growth System (RaGa) based on the FEMA replacement allotment pursuant to Board of County Commissioners Resolution 230-2000. VIII. The covenant(s) shall be effective for twenty (20) 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 twenty (20) 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. The subject property shall also be subject to the provisions of Monroe County Resolution 230-200f)which requires, in part, that no more than twenty (20) of a certain fifty (50) affordable housing units shall be rented for more than $800.00 per month. While the Resolution further requires said 20 units to be equitable distributed between the Middle and Lower Keys, the owner hereby recognizes that as many as twenty (20) units of the subject property may be subject to this limitation. In the even of any conflict regarding affordable housing criteria or restrictions, the most strict provision shall apply. X. All of the restrictions herein shall be binding upon any transferees, lessees, heirs, assigns or successors in the chain of title. XI. Further, the applicants, lessees, heirs, and/or successors are also, subject to the restrictions placed on the above-described premises by the Monroe County Comprehensive Plan Land Authority. Affordable Housing Deed Restriction (FEMA) RE: 00152170-000000 Page 2 of 3 1"1 ]hl/_ mtla, .. 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 the above stated restrictions pursuant to Monroe County Code Chapter 9.5 as established and amended from time to time. r--':"'ITNESSESS: , .. ~Xr\N\~__~' C~-'\! (Signature) ~\-\n,\S-\\~1\ f.\. C1~\~(<- (Print/Type Name) Manuel Castillo, Sr., Executive Director, Monroe County Housing Authority " V ?j;j, Address: / VO(J 1.~;i1/i..j~ . ( .... '0 4'';' /t. /.0'; 7, I z. , 1" ! (f9nature) A A/"'M ~~LI) (Print/Type Name) (Signature) (Print/Type Name) Address: STATE OF /:ff.~2,4 COUNTY OF 6N~~ ~~trument was acknowledged before~this ~ day of ,2Po1 by ~.&/Yb.L./ ~"'/~ ,,~ is/are personally known to. me or has produced . as identification. My Commission Expires Affordable Housing Deed Restriction (FEMA) RE: 00152170-000000 Page 3 of 3 Initial .J1v-.c-~ MONROE COUNTY PLANNING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION STATE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: I. I/We, Monroe County Housina Authoritv , 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 10, Block 9, Subdivision: Johnsonville, Big Coppitt PB: 1-53, Real Estate Number: 00152150.000000 II. The residential unit Building Permit Number is 02-1-1476. III. Under the affordable housing provisions set forth in Chapter 9.5 of the 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 single-family residence to be constructed on said real property. IV. The annual adjusted gross income for the owner-occupied or tenant- occupied household shall not exceed one-hundred (100) percent of the median adjusted gross annual income within Monroe County for the single-family residence. Affordable Housing Deed Restriction (FEMA) RE: 00152150-000000 Page I of 3 Initial JWi t V. The rent (employee housing/tenant) shall 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 twenty (20) years. VII. -The single-family residence is exempted from the Rate of Growth System (RaGa) based on the FEMA replacement allotment pursuant to Board of County Commissioners Resolution 230-2000. VIII. The covenant(s) shall be effective for twenty (20) 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 twenty (20) 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. The subject property shall also be subject to the provisions of Monroe County Resolution 230-2000 which requires, in part, that no more than twenty (20) of a certain fifty (50) affordable housing units shall be rented for more than $800.00 per month. While the Resolution further requires said 20 units to be equitable distributed between the Middle and Lower Keys, the owner hereby recognizes that as many as twenty (20) units of the subject property may be subject to this limitation. In the even of any conflict regarding affordable housing criteria or restrictions, the most strict provision shall apply. X. All of the restrictions herein shall be binding upon any transferees, lessees, heirs, assigns or successors in the chain of title. XI. Further, the applicants, lessees, heirs, and/or successors are also, subject to the restrictions placed on the above-described premises by the Monroe County Comprehensive Plan Land Authority. Affordable Housing Deed Restriction (FEMA) RE: 00152150-00000o Page 2 of 3 Initial J'll.'i c.. 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 the above stated restrictions pursuant to Monroe County Code Chapter 9.5 as established and amended from time to time. WITNESSESS: C~/~ \'b~-' P t G,-k<c/'v- (Signature) Ll\ (-)\<:>'.'Nt-t A I C~r-r~J( (Print/Type Name) gnature) Manuel Castillo, Sr., Executive Director, Monroe County Housing Authority Address: /~tJO "e;.,.:'1/1~'ct:f' ,4-, f!;/ IV~"-.75 Fz~, ~._~~~ ( . nature) ~.,y~,; 4~ (Print/Type Name) (Signature) (Print/Type Name) Address: STATE OF ;::h;.e,.l>4 COUNTY OF ~N~~t: My Commission Expires Affordable Housing Deed Restriction (FEMA) RE: 00152150-000000 Page 3 of 3 I . . I J1W:,. / mtla