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Item H1 BOARD OF COUNTY COMMISSIONERS AGENDAITEMS~Y Meeting Date: February 18.2009 Division: Growth Management Bulk Item: Yes ---X- No Department: Staff Contact: Andrew O. Trivette AGENDA ITEM WORDING: Approval of a resolution authorizing the acceptance of Block 2, Lot 2, Paraiso Estates on 75th Street in Marathon from the Monroe County Comprehensive Plan Land Authority for affordable housing. ITEM BACKGROUND: Habitat for Humanity of the Middle Keys proposes to develop the site with 2 affordable housing units. Acquisition of the property involves the following steps: 1) Land Authority will purchase the site from Richard Servais; 2) the Land Authority will transfer title to the BOCC; and 3) the BOCC will lease the property for development of affordable housing. Approval of this agenda item will allow staff to complete step 2. PREVIOUS RELEVANT BOCC ACTION: CONTRACVAGREEMENTCHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: n/a INDIRECT COST: n/a BUDGETED: Yes No COST TO COUNTY: n/a SOURCE OF FUNDS: REVENUE PRODUCING: Yes No x AMOUNTPERMONTH_ Year APPROVED BY: County Atty -X- OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 RESOLUTION NO. -2009 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE ACCEPTANCE OF BLOCK 2, LOT 2 PARAISO ESTATES ON 75th STREET IN MARATHON, FLORIDA RE# 00343090-000000 FROM THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY FOR AFFORDABLE HOUSING. WHEREAS, Sections 125.01(1)j and 125.01055, Florida Statutes (FS), authorize the Board of County Commissioners of Monroe County, Florida (hereinafter "BOCC") to take measures necessary to increase the supply of affordable housing; and WHEREAS, Section 125.35, FS, authorizes the BOCC to sell or lease real property to the highest and best bidder for the particular use the BOCC deems to be highest and best or to adopt by ordinance alternative standards and procedures to sell or lease real property; and WHEREAS, under Section 125.379, FS, properties identified as appropriate for use as affordable housing on the County's inventory list may be offered for sale and the proceeds used for affordable housing, or may be sold with a restriction that requires the development of the property as permanent affordable housing, or may be donated to a nonprofit housing organization for the construction of permanent affordable housing, or, the County may otherwise make the property available for use for the production and ......."'.....'<>t.nn nf' "'''1"n''l!:ln..nt <'Iffn..rI!:lhl.. h(,\l1",.no. <'Inri WHEREAS, the BOCC desires to control and oversee the development of certain affordable housing sites acquired by the Monroe County Comprehensive Plan Land Authority; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1: The BOCC hereby agrees to accept title from the Monroe County Comprehensive Plan Land Authority for the affordable housing site identified as Block 2, Lot 2, Paraiso Estates, Marathon, Florida RE# 00343090-000000. Section 2: The BOCC hereby acknowledges that use of the property will be restricted to affordable housing as defmed in the Florida Statutes and the deed(s) to the BOCC will contain the specific deed restrictions as required by the Monroe County Comprehensive Plan Land Authority attached as Exhibit A. Page 1 of2 Reviewer: PASSED AND ADOPTED at a regular meeting of the Board of County Commissioners of Monroe County, Florida, held on the 18th day of February, 2009. Mayor George Neugent Mayor Pro Tern Sylvia Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario DiGennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor George Neugent (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By: . ( --. -- - /' Page 2 of2 Reviewer: EXIllBIT "A" TO RESOLUTION -2009 AFFORDABILITY COVENANTS 1. Term. These affordability covenants are perpetual, run with the land, and are binding on all present and subsequent owners and mortgagees. 2. Property Use. Use of the property shall be restricted to the provision of affordable housing as defined in section 380.0666(3), Florida Statutes, as said statute may be amended from time to time. 3. Monitoring. Grantee is responsible for ensuring compliance with the affordability covenants contained herein and expressly agrees to furnish, upon Grantor's request, written certification thereof.