Item H03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 16, 2005
Bulk Item: Yes X No
Division: Growth Management
Department Planning
Staff Contact Person: K. Marlene Conaway
AGENDA ITEM WORDING: Approval for an Affordable Housing Deed Restriction for one dwelling unit from
Marx Investment Group. LLC.
ITEM BACKGROUND: On February 9, 2005 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.
Marx Investment Group. LLC submitted the Restrictive Covenant to Monroe County. The applicant is receiving a
dwelling unit allocation award for the year ending July 13, 2005, has filed the document in accordance with
Ordinance No. 47-1999.
PREVIOUS RELEVANT BOARD ACTION: None
CONTRACT/AGREEMENT CHANGES: NI A.
STAFF RECOMMENDATION: Approval.
TOT AL COST: X
BUDGETED: Yes NI A No
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH NI A Year
APPROVED BY: County Atty l
Risk Management NI A
DIVISION DIRECTOR APPROVAL:
cGarry, AICP
DOCUMENTATION:
Ind uded X
Not Required_
DISPOSITION:
AGENDA ITEM #
MEMORANDUM
TO::
FROM:
DATE:
RE:
Danny Kolhage, Clerk of the Court
Timothy J. McGarry, Growth Management rxij?!f
March 16, 2005
Clarification of Agenda Item
Affordable Housing
Permit
Number
Name on
Restrictive Covenant
Name on
Agenda Item
04-1-0878
Marx Investment
Group. LLC
Marx Investment
Group. LLC
Legal
Description
Lot 45, Block 7, Indian
Mounds Estates,
Sugarloaf Key
Prepared by:
Dean Walters
16823 East Point Dr.
Sugarloaf Key, FL 33042
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 , 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): 45, Block: I, Subdivision: Indian Mounds Estates
Key: Suaarloaf PB: 4~132
(If legal description is metes and bounds, attach a separate sheet)
Real Estate Number: 00170210.000000
II. The residential unit Building Permit Number is 04-1-0878.
III. Under the owner-occupied / developer median income 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 .JL, 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 100 percent of the median adjusted
gross annual income within Monroe County.
V. 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 offeet habitable space for a period of at least thirty (30)
years.
Affordable Housing Deed Restriction
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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 thirty (30) 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 thirty (30) 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 At the time of sale an owner-occupied affordable housing unit, the unit
may only be sold to a household within the same class.
X. All of the restrictions herein shall be binding upon any transferees,
lessees, heirs, assigns or successors in the chain of title.
Ifwe certify that l/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.
WITNESSESS:
[)eill (\~ ny~ -
(Signatur . ,~
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{$,ignal.\Jre )'~,",fl
Q \!l\<<~
(PrintfType Name)
The foregoing instrumjlnt was acknowledged before me this
peAr- ,2 C:> A.D. by t ~~~,~ "
personally known to me or has produced L ~ 2. (
identification.
'(SO ature)
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(PrintlType Name) . ;0:1...',0/ Lee
Address: /ft:;f~3 ~Sllbl~
\.:5UGIf;e~;qp m. FL 330 If 2-
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My Commission Expires
Affordable Housing Deed Restriction
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MONROE COUNTY ATTORNEY
APt>Q~.,v .0 AS TO FORM
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