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Item J07 BOARD OF COUNTY COMMISSIO~'ERS AGEl\'DA ITEM SUMMARY Meeting Date: April 20. 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 Employee Housing one dwelling unit from James E. & Barbara Jo Sharpe. ITEM BACKGROUND: On February 9, 2005 the Planning Commission approved an allocation award for the applicants listed below provided the applicants' Affordable Housing Deed Restriction for Employee Housing is approved by the BOCC. James E. & Barbara Jo Sharpe submitted the Restrictive Covenant to Monroe County. The applicants are receiving a dwelling unit allocation award for the year ending July 13, 2005, have filed the document in accordance with Ordinance No. 47-1999. PREVIOUS RELEVANT BOARD ACTION: None CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMEl\'DA TION: Approval. TOTAL COST: x BUDGETED: Yes NI A No REVENUE PRODUCING: Yes N/A No SOURCE OF FUNDS: N/ A I AMOUNT PER MONTH N/ A Year COST TO COUNTY: N/A DIVISION DIRECTOR APPROVAL: N/A APPROVED BY: County Atty l DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Director March 16, 2005 Clarification of Agenda Item Affordable Housing for Employee Housing Permit Number Name on Agenda Item Name on Restrictive Covenant 03-1-5136 James E. & Barbara Jo Sharpe James E. & Barbara 10 Sharpe Legal Description Lot 4, Block 2, Summerland Key Cove Addition #2, Summerland Key I This instrument prepared by' Whitney Meehan 26351 State Road 4 Rmnrod Key, FL 33042 MONROE COUNTY PLANNING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION FOR EMPLOYEE HOUSING STATE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: I. We, James E. & Barbara Jo Sharpe. a married couple, the undersigned are the sole O\vners of certain real property, sItuated, lying and being in Monroe County, State of Florida, described as follows: Lot: 4 Block: 2 Subdivision: Sumrnerland Key Cove, Addition #2 Key: Surnmerland Real Estate Number: 00190770,000000 PB: 4-100 II. Building Penn it Number is 03-1-5136 for one employee housing/commercial apamuent. Ill. Under the affordable housing provlslOns set forth in Chapter 9.5 ofMoilloe County Land Development Regulations, the o\\ner or owners of the above- described real property have been exempted from payment of "Fair Share Impact Fees" for a commercial apartment/employee housing unit to be constructed on said real property. IV, The annual adjusted gross 1J1come for the owner-occupied or tenant/employee occupied households does not exceed one hundred (l00) 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. The Maximum sales price, owner oceupJed affordable honsing unit shall mean a price not exceeding four and one-qualier (425) times the annual median household income for Monroe CouIlty VII. Under MOilloe County Code Section 9 5-266, the affordable housing conunercial apamuent units are each restricted to a maxImum of one thousand three hundred (1,300) square feet of habitable space for a pe:iod of at least thirty (30) years. RE: 00190770.000000 Affordable housing deed restriction page I of2 VIII. The applicants have used the aftordable housing program to gain additional points in the pem1it allocation system pursuant to Monroe County Section 9.5. 122.3( 6) - IX The use of the dwelling is restricted to households that derive at least seventy (70) percent of their household income from gainful employment in Monroe County and meet the adjusted gross annual income l1mlts for median-income as defined in section 9.5-4 (A-5) X, The covenants shall be effective for thirty (30) years for each unit, but shall not commence ruooing 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 remam 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. XL All of the restrictions herein shall be binding upon any transferees, lessees, heirs, assigns or successors in the chain of title, We certifY that we are familiar with the infOlmation herein contained and that it is true and correct to the best of my knowledge and behef; and we will abide by the above stated restrictions pursuant to Monroe County Code Chapter 9.5 as may be amended from time to time WITNESSE : 20! 'J '~Ol \sei 'Jr10dC (print/Type Name) \dtLJm{jjIJ!tI{f&~ (Signature) ___? oSa n V MeAJese,-S (Printltype Name) James E. Sharpe (Print/Type Name) (~ E. i nature~<3'G.bLb~~ /OA~ Barbara Jo Shame /5,-4,2, brWU J;; S A. A~1"'~ (Print/Type Name) The foregoing instrument was acknowledged before me this ~_ day of :r;; hr U~ ' 2 DD::5 A D, by James E. and Barbara Jo Sharpe who are personally know 0 me or have produced ~'_'. as identification, !/ v:.m. 'J j ) '. " I ". ," jfJ V My co,,- ~ lJ/LJZfA-.. {j11J!..d.1 Nota.rYrfUbliC (SignatU..I e~/)I7" ) C "C ..... .~A is () n (I II M!f//e c./O Notary Public (Print Name) Page 2 of2 RE: 00190770,000000 Affordable Housing Deed Restriction MONROE COUNTY ATTOIl' APP"~~TO FOI Dele: ~ 3d/'oS