Item F5LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: May 20, 2009 Division: Land Authority
Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295-5180
Agenda Item Wording: Approval of a resolution modifying the affordable housing deed restrictions for
property in Mandalay subdivision on Key Largo (RE #554720-000000 and 554720-000100).
Item Background: The subject property consists of a 0.71 acre affordable housing site located in
Mandalay subdivision on First Avenue, First Street, and Second Street on the oceanside of Key Largo
near mile marker 98. The property is currently owned by the Monroe County Housing Authority and is
developed with a duplex.
The Land Authority acquired this property in 2001 and imposed affordable housing deed restrictions in
accordance with the Monroe County Housing Authority's affordability policy at that time. A copy of the
2001 deed is included in the agenda materials. The property is now slated to be conveyed to the
BOCC and leased to Habitat for Humanity of the Upper Keys for development with multi -family housing.
To facilitate this use, the proposed resolution authorizes replacing the MCHA-oriented deed restrictions
imposed in 2001 with the Land Authority's current version of deed restrictions for BOCC 99-year lease
affordable housing sites.
Advisory Committee Action: On April 28, 2009 the Committee voted 4/0 to approve this resolution.
Previous Governing Board Action: On July 19, 2001 the Board approved purchasing the property
and conveying same to the Monroe County Housing Authority. On October 19, 2005 sitting as the
BOCC the Board approved accepting title from MCHA. On December 19, 2007 sitting as the BOCC the
Board selected Habitat for Humanity of the Upper Keys to develop the property.
Contract/Agreement Changes: This is not a contract.
Staff Recommendation: Approval.
Total Cost: $ 500 Indirect Cost: $
Cost to Land Authority: 500
Budgeted: Yes X No
Source of Funds: Land Authority
(Tourist Impact Tax and State Park Surcharge)
Approved By: Attorney X County Land Steward
Documentation: Included: X To Follow:
Not Required:
Disposition: Agenda Item
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111. 4P
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING
MODIFICATION OF AFFORDABLE HOUSING DEED
RESTRICTIONS FOR PROPERTY IN MANDALAY SUBDIVISION
ON KEY LARGO.
WHEREAS, section 380.0666(3), Florida Statutes authorizes the Monroe County
Comprehensive Plan Land Authority (hereinafter "Land Authority") to acquire and dispose of real
property for the purpose of providing affordable housing; and
WHEREAS, on September 25, 2001 pursuant to Land Authority Resolution 06-2001, the Land
Authority conveyed property in Mandalay subdivision on Key Largo identified by RE #554720-
000000 and 554720-000100 (hereinafter "subject property") to the Monroe County Housing
Authority via deed recorded in Book 1731 at Page 250 of the Monroe County Official Records;
and
WHEREAS, said conveyance was subject to affordable housing deed restrictions in favor of the
Land Authority; and
WHEREAS, on October 4, 2005, Monroe County Administrator Thomas Willi requested the
Monroe County Housing Authority to convey the subject property to Monroe County Board of
County Commissioners for development with affordable housing; and
WHEREAS, on October 19, 2005, the Monroe County Board of County Commissioners
approved Resolution 386-2005 authorizing acceptance of the subject property from the Monroe
County Housing Authority; and
WHEREAS, on November 16, 2005, the Monroe County Housing Authority approved Resolution
05-335 authorizing conveyance of the subject property to the Board of County Commissioners;
and
WHEREAS, to facilitate Monroe County's anticipated lease of the subject property to Habitat for
Humanity of the Upper Keys, Inc., the County Attorney's Office requests the Land Authority to
modify the affordable housing deed restrictions to be consistent with other Land Authority
affordable housing sites conveyed to Monroe County; and
WHEREAS, the Land Authority Advisory Committee considered this resolution on April 28, 2009
and voted 4/0 to recommend approval; NOW, THEREFORE,
BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
THAT:
Page 1 of 2
The Land Authority Chairman is authorized to execute the documents necessary to replace the
deed restrictions recorded at OR 1731-250 with the new restrictions shown in Attachment A.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this 20th day of May, 2009.
(Seal)
ATTEST:
Mark J. Rosch
Executive Director
Approved for Legal Form
Larry R. Erskine
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Kim Wgington
Chairman
Page 2 of 2
ATTACHMENT A
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.
s'11% eL___1
This Instrument Prepared BY, OF N FIC R M COUNTY
R C
_ IRL RECORDS
Record and Return to:
MEYER & ERSKINE FILE # 1 2 6 1 3 3 9
31211 Avenue A B K# 1 7 3 1 P G# 2 5 0
Big Pine Key, FL 33043 RC D Oct 11 2001 12 = 1 4 P M
DANNY L KOLHAGE, CLERK
Parcel Identification Number: 00554720, 00554720-000I00
SPACE ABOVE THIS LINE FOR RECORDING DATA
WARRANTY DEED
THIS INDENTURE, made this-2 day of P+ , 2001, between. MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY, a land authority under Section 380.0663(1), Florida Statutes
and Monroe County Ordinance No. 031-1986 GRANTOR*, whose address is 1200 Truman Avenue, Suite 207, Key
West, FL 33040 and THE MONROE COUNTY HOUSING AUTHORITY whose address is, 1403 12th Street,
Key West, FL 33040,GRANTEE*;
(Wherever used herein the terns "Grantor" and "Grantee" shall include all the parties to this instrument and heirs,
legal representatives, and assigns of individuals, and the successors and assigns of corporations.)
WITNESSETH, That said Grantor, for and in consideration of the sum of TEN AND 00/100 ($10.00)
DOLLARS and other good and valuable consideration, to said Grantor in hand paid by said Grantee, the receipt
whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto
the Grantee and Grantee's heirs, successors and assigns forever the following described land located in the County
of MONROE, State of Florida, to -wit:
SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A"
SUBJECT TO: Restrictions as contained in Monroe County Comprehensive Plan
Land Authority Resolution No. 06-2001, attached hereto and made a part hereof
as Exhibit "B".
SUBJECT TO all restrictions, reservations and easements of record, if any; zoning restrictions and
prohibitions imposed by governmental authority, and taxes for the year 2000 not yet due and payable.
TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND THE SAID GRANTOR does hereby covenant with the said Grantee that the Grantor is lawfully seized
of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby
fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal this day and year first above
written.
Signed, sealed and delivered in the presence of:
Witness Signature
Printed Signa ►A 1z Rp'5c.N
Witn $ig" 3V
NN err-, ;s.� L. Rar Azi".t'
Printed Signature
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
By-
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NORA ILLIAMS, CHAIRMAN
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this 75 day of , 2001, by NORA
WILLIAMS who are personally known to me or ( ) produced as Identification.
Notary Signature
NOTARY SEAL, COMMISSION EXPIRATION
.�r� Tamna Lmiddw
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EXHIBIT "A" FILE # 1 2 6 1 3 3 s
8K#1 7 3 1 PG#2 5 1
A part of the Northeasterly 125 feet of Block 3, Mandalay, according to the Plat thereof, as
recorded in Plat Book 1, at Page 194 of the Public Records of Monroe County, Florida, being
more particularly described as follows:
Beginning at the Northwesterly comer of the Northeasterly 125 feet of Block 3, aforementioned
Plat of Mandalay, run Northeasterly along the Northwesterly line of said Block 3 for a distance
of 99.99 feet to a point of curvature; thence in a Southeasterly direction along the arc, of a curve
concave to the South, having a radius of 25.00 feet and a delta angle of 90 degrees 01 minutes 03
seconds for a distance of 39.28 feet; thence run in a Southeasterly direction along the
Northeasterly line of said Block 3 for a distance of 125.15 feet; thence run with a deflection
angle to the right of 90 degrees 00 minutes 00 seconds from the last described course for a
distance of 44.50 feet; thence run with a deflection angle to the right of 90 degrees 00 minutes 00
seconds from the last described course for a distance of 47.97 feet; thence run with a deflection
angle to the left of 90 degrees 00 minutes 00 seconds from the last described course for a
distance of 62.50 feet; thence run with a deflection angle to the left of 90 degrees 00 minutes 00
seconds from the last described course for a distance of 75.97 feet; thence run with a deflection
angle to the left of 90 degrees 00 minutes 00 seconds from the last described course for a
distance of 107.00 feet to the Northeasterly line of said Block 3; thence run with a deflection
angle to the right of 90 degrees 00 minutes 00 seconds and Southeasterly along the Northeasterly
line of said Block 3 for a distance of 46.88 feet to a point of curvature; thence in a southwesterly
direction along the arc of a curve concave to the West, having a radius of 25.00 feet and a delta
angle of 89 degrees 59 minutes 30 seconds for a distance of 39.27 feet; thence run in a
Southwesterly direction along the Southeasterly line of said Block 3 for a distance of 100.00
feet; thence run with a deflection to the right of 90 degrees 00 minutes 30 seconds from the last
described course for a distance of 250.02 feet back to the Point of Beginning, containing
24,990.66 square feet, more or less.
A part of the Northeasterly 125 feet of Block 3, Mandalay, according to the plat thereof as
recorded in Plat Book 1, at Page 194 of the Public Records of Monroe County, Florida, being
more particularly described as follows:
Commencing at the Northwesterly corner of the Northeasterly 125 feet of Block 3,
aforementioned Plat of Mandalay, run Northeasterly along the Northwesterly line of said Block
3 for a distance of 99.99 feet to a point of curvature; thence in a Southwesterly direction along
the arc of a curve concave to the South, having a radius of 25.00 feet and a delta angle of 90
degrees 01 minutes 03 seconds for a distance of 39.28 feet, thence run in a Southeasterly
direction along the Northeasterly line of said Block 3 for a distance of 125.15 feet to the point of
beginning of the parcel hereinafter described, thence run a deflection angle to the right of 90
degrees 00 minutes 00 seconds from the last described course for a distance of 44.50 feet, thence
run with a deflection angle to the right of 90 degrees 00 minutes 00 seconds from the last
described course for a distance of 47.97 feet, thence run with a deflection angle to the left of 90
degrees 00 minutes 00 seconds from the last described course for a distance of 75.97 feet, thence
run with a deflection angle to the left of 90 degrees 00 minutes 00 seconds from the last
described course for a distance of 107.00 feet to the Northeasterly line of said Block 3, thence
run with a deflection angle to the left of 90 degrees 00 minutes 00 seconds and Northwesterly
along the Northeasterly line of said Block 3 for a distance of 28.00 feet back to the point of
beginning, containing 5994.29 square feet, more or less.
f"*1
Exhibit b
RESOLUTION NO. 06-2001
FILCH # 1 2 6 1 3 3 9
BR# 1 7 3 1 PG# 2 5 2
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING
THE PURCHASE AND CONVEYANCE OF PROPERTY IN
MANDALAY SUBDIVISION FOR THE PURPOSE OF
PROVIDING AFFORDABLE HOUSING IN PARTNERSHIP WITH
THE MONROE COUNTY HOUSING AUTHORITY.
WHEREAS, section 380.0666(3), Florida Statutes (FS) and section 9.3-2, Monroe County Code,
empower the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority")
to acquire an interest in real property for the purpose of providing affordable housing to very low,
low, and moderate income persons as defined in section 420.0004, FS, where said acquisitions
are consistent with a comprehensive plan adopted pursuant to Chapter 380, FS; and
WHEREAS, on June 15, 2000, the Land Authority Governing Board adopted Resolution 04-
2000 pertaining to Monroe County Housing Authority Plan 2000, which includes the strategy of
•soattered site single-family and duplex rental housing as a means of providing long-term
affordable housing in a manner consistent with the community character of the Keys; and
WHEREAS, as a means of implementing the scattered site rental strategy, Resolution 04-2000
calls for the Land Authority to purchase vacant subdivision lots and convey same to the Monroe
County Housing Authority, subject to deed restrictions addressing affordability requirements;
and
WHEREAS, the Land Authority Advisory Committee considered the subject purchase at a
meeting held on June 28, 2001 and recommends approval by a 410 vote; and
WHEREAS, the Land Authority Advisory Committee considered the subject conveyance to the
Monroe County Housing Authority and associated deed restriction at a meeting held on July 26,
2001 and recommends approval by a 3/0 vote; NOW, THEREFORE,
BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY:
Section 1. The Chairman of the Land Authority Governing Board is hereby authorized to sign
the Land Authority's standard purchase contract for the purchase of Part of Block 3, Mandalay
subdivision (PB 1-194) on Key Largo, having the parcel identification numbers of 554720-
000000 and 554720-000100 (hereinafter "subject property") at a purchase price of $325,000.00.
Section 2. At closing, the Chairman of the Land Authority Governing Board is hereby authorized
to sign a deed conveying the subject property to the Monroe County Housing Authority. Said
deed shall restrict future use of the property to the guidelines specified in Section 3 below.
Section 3. Future use of the subject property is limited to residential development for occupancy
by very low, low, or moderate income persons as defined in section 420.0004, Florida Statutes,
and as further restricted by Monroe County regulations and the Monroe County Housing
Authority rental affordability policy, said policy being identified as deed restrictions in Attachment
A. Notwithstanding the 50-year affordability period in the Housing Authority affordability policy,
these deed restrictions shall not expire and may only be released by the Land Authority,
Page 1 of 2
FILE # 1 2 6 1 3 3 9
BK# 1 7 3 1 PG# 2 5 3
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this 19th day of July 2001,
Executive Director
Approved for Legal Sufficiency
4-arry R. Erskine
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Akdh-
Nora Williams
Chairman
Page 2 of 2
AVMWN
ATTACHMENT A
DEED RESTRICTIONS
PILE # 1 2 6 1 3 3 9
BK#1 7 3 1 PG#2 5 4
The property shall be developed with affordable housing for very low, low, or moderate income
persons as defined in section 420.0004, Florida Statutes, consistent with the following policies of
the Monroe County Housing Authority:
1. Income targeting shall be at 80% of median adjusted for family size. Income targeting may
increase to 120% to maintain occupancy levels and financial feasibility but not to exceed
40% of project units.
2. Rental rates shall not exceed the Housing Credit (HC) program as adjusted annually for
residents at 80% of the median and State Housing Initiatives Partnership (SHIP) program
rental rates for residents at 120% of the median.
3. The compliance requirements shall be the same as the HC program as contained in the
Florida Housing Finance Corporation (FHFC) Compliance Manual and shall be the
responsibility of the developer to insure compliance annually.
4. The income targeting (rents) program requirements for the HC, MRB, SAIL, and HOME
programs when competitively obtained requiring lower rents shall take precedence.
5. The US Department of Housing and Urban Development occupancy requirements (family
composition) shall be adhered to, as they pertain to occupancy.
The above restrictions shall not expire and may only be released by the Monroe County
Comprehensive Plan Land Authority.
MONROE COUNTY
OFFICIAL RECORDS