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Item K35 ADD-ON BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 15.2002 Bulk Item: Yes X No Division: Growth Mana~ement Department: Planning AGENDA ITEM WORDING: Approval for one Affordable Housing Deed Restriction for a dwelling unit from Inn Resorts Inc. ITEM BACKGROUND: On March 24, 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. Inn Resorts Inc. submitted the Restrictive Covenant to Monroe County. The applicant is receiving a dwelling unit allocation award for the year ending July 13, 2002, 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 DOCUMENTATION: Included X Risk Management N/ A APPROVED BY: County Atty l DIVISION DIRECTOR APPROVAL: To Follow Not Required AGENDA ITEM # KJ 5 DISPOSITION: TO:: FROM: DATE: RE: MEMORANDUM Danny Kolhage, Clerk of the Court ./Y'1 A Timothy J. McGarry, Growth Management ~lt May 15,2002 Clarification of Agenda Item ADD-ON Permit Number Affordable Housing Name on Agenda Item Name on Restrictive Covenant 99-3-2232 (L-5) Legal Description Inn Resorts Inc. Inn Resorts Inc. Lots 8, 9,10, 11, & 12, Block 5, Seaside Subdivision, Key Largo . ';'" .: . MONROE COUNTY PLANNING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION FOR A COMMERCIAL APARTMENT STATE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: I. If\Ne, Inn Resorts Incoo bv and throuah it's Aaent. David DeHaas 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): 8.9.10.11. & 12 Block: ~ Subdivision: Seaside Key: Larao PB: ~ Real Estate Number: 00492340.000000 II. The Commercial Apartment is a part of Building Permit Number 99-3-2232 the apartment is identified as L-5. 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 Commercial Apartment 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) for said Commercial Apartment 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 twenty (20) years. .. 4#' Real Estate No. # 00492340_000000 Affordable Housing Deed Restriction Page 1 of 4 lmnal' VII. The applicant(s) have used the affordable housing program/commercial apartment provisions to gain additional points in the permit allocation system pursuant to Monroe County Section 9-5-122.3(6). VIII. The foregoing covenants 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 unites) 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. All of the restrictions herein shall be binding upon any transferees, lessees, heirs, assigns or successors in the chain of title. IIwe 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 may be amended from time to time. ~~ (Signature) ~ tl/AnA'&IJ.J e--" ~ (PrintlType Name) "..... /lJ.uI~~ FL.. 3 '5.0 7C (Signature) (PrintfType Name) Address: ~, day of is/are as My Commission Expires Real Estate: No. # 00492340.000000 Affordable Housing Deed Restriction Page 2 of4 " . "1/ 'J ---", I II m... 'I iEt;/&.s, ! erl.J- . ~f.f #/ @' .@ I " ,% " 4- ....'f!',.....- I"'~ " i ... ....: I, .UllU-IIB 8liliiii , .' '!: c '" , ; ~ . ..._ai::~.~ ;>r-4 1f'~1 :.'". / I ..: IITCIEI I ~, .' , .1 'i I " -- ...',4.~.... I I I I I I .__-1 @ 1:1 'r ~ . r . r-:::""7- ~ -:- """'1 . ~l ~....: =- ' --==- If. 1=: _ :::=:::-d -~ - - _......:--_- - -- -.- I ,,'. l j~~~'-" f I , ~. 4- J5:4..'~t:11f ___' __._u i..'" ~~~~.~-~. f 11__'''' Project for Inn Resorts Inc. ' . Building' Pennff AppUcatlon- 99-S-223Z-portioii- identified as L-5 for the Employee Housing Unit/ Commercial Apartment. The above is the second floor plan in Building L The Employee Housing Unit/Commercial Apartment is the only unit on the second floor. Ileal Estate No. # 00492340.000000 Affordable Housing Deed Reslriction ~1J PIJe 3 of4 f':1 ...., .... ~ Project for ttmSResort rne. Below is the site plan. The building identified as the Lodge has 4 Motel Rooms &1 Employee Unit. These units are identified in Building ,Permit #99-1-2232. the Employee Unit/Commercial Apartment is identified in the Residential Permit Alrocation System as 99- 1-2232 L.;.5. _ _ _.:..- -:P~ ..!..!~1~.-2~'_~ _ ~ .~ - ~ . ---- I JIOA1' IWmI I I Real ~ No. # 00492340.000000 AfCordab1c Housin& Deed ResuiCtiOD ~v Pap 4 0(4 ~IC '-c _ap.o ell .... .."'. "