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Item J06 BOARD OF COUNTY COMMISSIONERS AGENDAITEMS~Y Meeting Date: February 18. 2004 Bulk Item: Yes X No Division: Growth Manal:ement Department: Planning AGENDA ITEM WORDING: Approval for an Affordable Housing Deed Restriction for one dwelling unit from Marx Investment Group. ITEM BACKGROUND: On January 14, 2004 the Planning Commission approved an allocation award for the applicants listed below provided the applicants' Affordable Housing Deed Restriction is approved by the BOCC. Marx Investment Group submitted the Restrictive Covenant to Monroe County. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2004, have 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. TOT AL COST: X BUDGETED: Yes N/A No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes N/ A No AMOUNT PER MONTH N/ A Year APPROVED BY: County Atty lOMB/Purchasing 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 Dir~ February 18, 2004 Clarification of Agenda Item Affordable Housing Permit Number Name on A2enda Item Name on Restrictive Covenant 03-1-2759 Marx Investment Group Marx Investment Group. Legal Description Lot 22, Block 5, Indian Mounds Estates, SugarloafKey MONROE COUNTY PLANNING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION STA TE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: I. I/We, Marx Investment GrouP. LLC, acceptance bv Reqistered Aqent Ravmond Dean Walters, 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): 22 Block: 5 Subdivision: Indian Mounds Estate Key: Suaarloaf PB: 4-132 (If legal description is metes and bounds, attach a separate sheet) Real Estate Number: 00169410.000000 II. The residential unit Building Permit Number is 03-1-2759. 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 l, 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. # 00169410.000000 Affordable Housing Deed Restriction Page lof2 Initial /2~i0 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. x. I/we certify that I/we am/are familiar with the information herein contained and that it is true and correct to the b of my knowledge and belief; and I/we will abide by the abo e stated re tions pursuant to Monroe County Code Chapter 9.5 as may b time. - OWNER 0 ,/a , ymond Dean Walters, egistered Agent for Marx Investment Group, LLC ~d~ess: I~~~ 3 _ ~/ l:l~ fJll- ...5,-, cytfi uJ1J. ~, /'-'t.. .3~ ~ y l- / ()~~ ( gnature) A-(i t(llIeH--c. (Print/Type Name) (Signature) (Print/Type Name) Address: The fore~oing instrument was acknowledged before me this ~!'ld day of 0.. -JRI-. , 2I2SJ:L A.D. by 1(. fJ<20 n -t10'i ~ rS is/are personally known to me or has produced If ~./ i./3t., _ 1.J.. Y - as identification. S-I-' '70 _ 0 l~mUV~~~~028638 ~A~:; . EXPIRES: Augusl26, 2005 <<i'j;;ih~" Bondo<l Thro Notary Public UndolWritn '''ilt'' No ~b], (Signaturi9- J(jt{-~ D. lIen Notary Pu he (Prillt Name) Real Estate No. # 00169410.000000 Affordable Housing Deed Restriction Initial~i '"L\ Page 2 of2 >- w ZOO cr::E ocr 1-0 I-LL <co >- I- Z ::::> o u::> w o cr~ Z o ::E JI LL~ -l> at- :;:z 28l b:'~l 'r-' I ~r XG> uiii C BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 18. 2004 Bulk Item: Yes X No Division: Department: Growth Mana~ement Planning AGENDA ITEM WORDING: Approval for an Affordable Housing Deed Restriction for one dwelling unit from Marx Investment Group. ITEM BACKGROUND: On January 14, 2004 the Planning Commission approved an allocation award for the applicants listed below provided the applicants' Affordable Housing Deed Restriction is approved by the BOCC. Marx Investment Group submitted the Restrictive Covenant to Monroe County. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2004, have 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 SOURCE OF FUNDS: N/ A REVENUE PRODUCING: Yes N/ A No AMOUNT PER MONTH N/ A Year APPROVED BY: County Atty lOMB/Purchasing N/ A DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow_ Not Required_ AGENDA ITEM #~ DISPOSITION: MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Dir~ February 18, 2004 Clarification of Agenda Item Affordable Housing Permit Number Name on Agenda Item Name on Restrictive Covenant 03-1-2759 Marx Investment Group Marx Investment Group. Legal Description Lot 22, Block 5, Indian Mounds Estates, SugarloafKey MONROE COUNTY PLANNING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION STA TE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: I. I/We, Marx Investment Group. LLC. acceptance by ReQistered AQent Raymond Dean Walters, 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): 22 Block: 5 Subdivision: Indian Mounds Estate Key: Suaarloaf PB: 4-132 (If legal description is metes and bounds, attach a separate sheet) Real Estate Number: 00169410.000000 II. The residential unit Building Permit Number is 03-1-2759. 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 l, 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. # 00169410.000000 Affordable Housing Deed Restriction Page 1 of2 Initial j2~t0 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. X. ~n I/we certify that I/we am/are familiar with the information herein contained and that it is true and correct to the b of my knowledge and belief; and I/we will abide by the abo e stated re tions pursuant to Monroe County Code Chapter 9.5 as may b time. - ().;.. Ui1P- ( gnature) A-ii t(IIICif-C. (Print/Type Name) a , ymond Dean Walters, egistered Agent for Marx Investment Group, LLC ~ddress: 1~.f~3 ~/ 14V;-DI1- .5-- C/hQ L~},1J~ ~ /~ .3.3" y z-. (Signature) (Print/Type Name) Address: The fore~oing instrument was acknowledged before me this =3fld day of :;... -t-R.t. , 2fJJJ:L A.D. by 1(. /Jf2C1 YJ 'fLa~ f1 rS is/are personally known to me or has produced .If toi./3b - 1 ).<{- as identification. j-/ -' ~o - 0 . ,..,..... . _ _ tlClXG; D.I.LLEN f..,. ...~mm'~SS/6illWlb028638 ~: : EXPIRES: August 26, 2005 .~ .... 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