Item K2
LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: February 19, 2003
Bulk Item: Yes No X
Department: Land Authority
Agenda Item Wording: Approval of a resolution authorizing the conveyance of property on 123rd
Street in Marathon to Habitat for Humanity of the Middle Keys, Inc. for the purpose of providing
affordable housing.
Item Background: The Land Authority is purchasing the subject parcel on 123rd Street Gulf in
Marathon in partnership with Habitat for Humanity of the Middle Keys, Inc. (HFH) for development with
a single family homeownership unit. The subject lot is 10,000 sq. ft., zoned Improved Subdivision, has
vegetation classified as disturbed, and is identified by RE #100550-000102. The City of Marathon
nominated the property. The proposed resolution authorizes conveyance to HFH subject to a 50-year
affordable housing deed restriction.
Advisory Committee Action: On January 27, 2003 the Advisory Committee voted 3/0 to approve the
proposed resolution.
Previous Governing Board Action: On December 18, 2003 the Board approved purchasing the
subject property.
Contract/Agreement Changes: N/A
Staff Recommendation: Approval.
Total Cost: $ 24.00 (recording fees)
Budgeted: Yes l No
Cost to Land Authority: $ 24.00 (recording fees)
Source of Funds: Land Authority
(Tourist Impact Tax and State Park Surcharge)
Approved By: Attorney ~ County Land Steward N/A.
Executive Director Approval: ~ A
-' ~aC::
Documentation: Included: X
To Follow: X
Not Required:
Disposition:
Agenda Item LA #2
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING
THE CONVEYANCE OF REAL PROPERTY ON 123RD STREET
IN MARATHON TO HABITAT FOR HUMANITY OF THE MIDDLE
KEYS, INC. FOR THE PURPOSE OF PROVIDING 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 an interest 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 the Middle Keys, Inc. (hereinafter HFH) is a not-for-profit
Florida corporation and an approved affiliate of Habitat International and is organized to provide
safe, decent, and affordable housing to people in need within the Middle Keys area; and
WHEREAS, on December 11, 2002 the City of Marathon adopted Resolution 2003-19
nominating a vacant lot on 123rd Street in Marathon, further identified by RE #100550-000102,
(hereinafter "subject property") for acquisition by the Land Authority and subsequent
conveyance to HFH for development with affordable housing; and
WHEREAS, the Land Authority has entered into a contract to purchase the subject property; and
WHEREAS, HFH requests that the Land Authority convey the subject property to HFH and allow
HFH to develop the property with affordable housing; and
WHEREAS, the Land Authority Advisory Committee considered this request at a meeting held
on January 27,2003 and voted 3/0 to recommend approval ; NOW, THEREFORE,
BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY:
Section 1. The Chairman of the Land Authority Governing Board is hereby authorized to sign a
deed conveying the subject property on 123rd Street in Marathon, further identified by RE
#100550-000102, to Habitat for Humanity of the Middle Keys, Inc.
Section 2. Future use of the subject property is limited to a single-family residential unit for
occupancy by very low, low, or moderate income persons as defined in section 420.0004,
Florida Statutes, for a period of fifty (50) years, and as further restricted by Monroe County
afford ability regulations and Attachment A.
Page 1 of 2
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this day of 2003.
(Seal)
ATTEST:
Mark J. Rosch
Executive Director
Larry R. Erskine
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Murray E. Nelson
Chairman
Page 2 of 2
ATTACHMENT A
AFFORDABILlTY COVENANTS
1. Affordability Period. These affordability requirements shall run with the property for a period
of fifty (50) years.
2, Income Limits, Use and Transfer Restrictions. Habitat for Humanity of the Upper Keys, Inc.
(hereinafter HFH) shall develop the subject property and make same available as ownership
housing in accordance with the conditions specified below.
3. 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.
4. Income Qualified Buyers. Ownership shall be restricted to households earning less than or
equal to 100% of the Monroe County median income adjusted for household size at the time
of conveyance.
5. Afford ability. Monthly housing costs, defined as principal, interest, taxes, insurance (PITI),
and homeowner association fees [if any] shall not exceed the annual adjusted gross
household income multiplied by 0.30 and divided by 12, all in accordance with 9420.0004,
Florida Statutes.
6. Resale Limits. The property and the improvements located thereon may be transferred,
subject to the provisions of Paragraphs 4 and 5 above, provided the transfer price does not
exceed the sum of the price the current owner paid plus 25% of the amount by which the
unrestricted market value of the property may have appreciated during the current owner's
period of ownership. All transfers are contingent upon HFH maintaining the right of first
refusal to either purchase the property or provide the Seller a qualified Buyer.
7. Refinancing Limits. The property may not be encumbered for any purpose without the prior
approval of the Monroe County Comprehensive Plan Land Authority (hereinafter MCLA),
except for encumbrances for projects resulting in capital improvements to the property and
encumbrances imposing additional affordability covenants.
8. Affordability Monitoring. HFH will be responsible for ensuring these affordability requirements
are maintained. Whenever the property is transferred HFH shall provide certification to the
MCLA documenting these affordability requirements have been met.
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