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Item K13 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Division: Growth Management Department: Planning Meeting Date: April 21. 2004 Bulk Item: Yes X No AGENDA ITEM WORDING: Approval for an Affordable Housing Deed Restriction for one dwelling unit from Reinaldo Alvarez and Marta Diaz. ITEM BACKGROUND: On March 24, 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. Reinaldo Alvarez and Marta Diaz 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 DIVISION DIRECTOR APPROVAL: isk Management N/ A APPROVED BY: County Atty l ,AICP DOCUMENTATION: Included X To Follow Not Required_ AGENDAITEM#~ DISPOSITION: MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management ~ April 21, 2004 Clarification of Agenda Item Affordable Housing Permit Number Name on Agenda Item Name on Restrictive Covenant Legal Description 03-3-2453 Reinaldo Alvarez and Marta Diaz Reinaldo Alvarez and Marta Diaz. Lot 11, Block I, Buttonwood Shores Addition, Key Largo Prepared by: Reinaldo Alverez 228 Hispanola Rd. Tavernier, FL 33070 MONROE COUNTY PLANNING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION STATE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: I. I/We, Reinaldo Alvarez and Marta Diaz. 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: 1 Subdivision: Buttonwood Shores Addition Key: Laroo PB: 3-52 (If legal description is metes and bounds, attach a separate sheet) Real Estate Number: 00523120.000000 II. The residential unit Building Permit Number is 03-3-2453. 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. # 00523120.000000 Affordable Housing Deed Restriction Page I of2 Initial ,e -II 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. Monroe County may enforce this affordable housing deed restriction through any legal procedure available, whether at law or equity. 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 a ove stated restrictions pursuant to Monroe County Code Chapter 9.5 as ma amen from time to time. " Address: {).)f' ;/51)(7J1'//~ T{lIJ, Fe 53 0 7> d * (Signature) Marta Diaz ~~ (Signat re) L1d~r /J1qtq~ (Prin' ype N"a e) ,P~ ~~ I1.D. Address: .:J,;<.9 ; ~~ -- .. /-:t~ f rL.. :3~~ CJ The foregoil)Q instrument was acknowledged before me this ;{ Cr 6IT day of ~.-1@. ,2009 A.D. by . Is/are personally known to me or has produced 7) 121 LIE 12 S /-Ire )U~- e._ as identification. '-i:< '-....... ~) My Commission Expires '. t:'-L/L 0<' ~ /~~ Notary Public (nature) -D Real Estate No. # 00523120.000000 ,'~~~~',:"'I,... MAVRA TEZANOI f"m~i'~ Notary PubIlc . Slate of FIodda ~: · · . ~Canlilllk::lol~Mcti19.2D -:"';"t it' Commls$lon /I 00296 . "'I,'l:.:."'" Bonded By No . . Affordable Housing Deed Restriction Page 2 of2