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Item M10 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 20, 2008 Division: Growth Management Bulk Item: Yes ~ No Department: Staff Contact: Andrew O. Trivette AGENDA ITEM WORDING: Approval of a resolution authorizing the acceptance of Key Vaca Parcels RE# 00103560-000201 and 00103560-000203, proposed Sea Grape II Apartments site, from the Monroe County Comprehensive Plan Land Authority for affordable housing. ITEM BACKGROUND: The proposed Sea Grape II Apartments site is located near MM 50.5 on the Oceanside in Marathon. The Carlisle Group submitted this site in response to the Board's request for proposals for purchase/leaseback of affordable housing sites. Carlisle proposes to develop the site with 28 affordable housing units for rental use. Acquisition of the property will involve the following steps: 1) Land Authority will purchase the site; 2) the Land authority will transfer title to the BOCC; and 3) the BOCC will lease the property back to the Sellers for development. Approval of this agenda item will allow staff to complete step 2. PREVIOUS RELEVANT BOCC ACTION: On March 15,2006, the Board approved Ordinance 005-2006 establishing the purchase and leaseback program for affordable housing. On August 15, 2007, the original Phase 1 Sea Grape Apartments purchase and lease were approved. CONTRACT~GREEMlliNTCHANGES: N/A ST AFF RECOMMENDATIONS: Approval TOTAL COST: n!a BUDGETED: Yes No COST TO COUNTY: n!aSOURCE OF FUNDS: REVENUE PRODUCING: Yes No x AMOUNTPERMONTH_ Year APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # RESOLUTION NO. - 2008 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE ACCEPTANCE OF KEY V ACA PARCELS RE #00103560-000201 AND RE #00103560-000203 (PROPOSED SEA GRAPE II, LTD. APARTMENTS SITE) FROM THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY FOR AFFORDABLE HOUSING. WHEREAS, Sections l25.0l(1)j and 125.01055, Florida Statutes (FS), authorize the Board of County Commissioners of Monroe County, Florida (hereinafter "BaCC") to take measures necessary to increase the supply of affordable housing; and WHEREAS, Section 125.35, FS, authorizes the BaCC to sell or lease real property to the highest and best bidder for the particular use the BaCC deems to be the 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 preservation of permanent affordable housing; and, WHEREAS, the BaCC 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: 1. The BaCC hereby agrees to accept title from the Monroe County Comprehensive Plan Land Authority for the affordable housing site identified as RE# 00103560-000201 which is labeled Top Phase II on attached Exhibit A, and RE# 00 I 03560-000203 which is labeled as Bottom Phase II on Exhibit A. 2. The BaCC hereby acknowledges that use of the property will be restricted to affordable housing as defined in the Florida Statutes and the deed(s) to the BaCC will contain the specific deed restrictions as required by the Monroe County Comprehensive Plan Land Authority attached as Exhibit B. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the _ day of , 2008. Mayor Mario DiGennaro Mayor Pro Tern Charles McCoy Commissioner Sylvia Murphy Commissioner George Neugent Commissioner Dixie Spehar Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By Deputy Clerk Mayor Mario DiGennaro MONROE COUNTY ATTORNEY APPRO 0 AS TO FORM: SU N M. GRIMSLEY ASSISTANT COUNTY ATTORNEY Date ~~ / ~ lil..O'&,D... EXHffiIT A TO RESOLUTION - 2008 LEGAL DESCRIPTION Parcell. (Top Phase II on Survey dated 9/7/07 by Frederick H. Hildebrandt) A parcel of land in Section 11, Township 66 South, Range 32 East, Key Vaca, Monroe County, Florida, more particularly described as follows: Begin at the intersection of the East line of said Section 11 and the Southeasterly right of way line of U.S. Highway 1; thence South along the said East line of Section 11 for 285.00 feet; thence West for 231.55 feet; thence North for 190.74 feet to the Southeasterly Right-of-Way line of U.S. Highway No. 1; thence N 67051 '00" E along the said Southeasterly Right-of-Way line of U.S. Highway No.1 for 250.00 feet back to the Point of Beginning. Containing 55,079 s.f. or 1.26 acres, more or less. and: A strip ofland in Section 11, Township 66 South, Range 32 East, Key Vaca, Monroe County, Florida, more particularly described as follows: Commencing at the intersection of the East line of said Section 11 and the Southeasterly Right-of-Way line of U.S. Highway No.1; thence South 67051 '00" West, along the Southeasterly Right-of-Way line, for 250.00 feet to the Point of Beginning; thence South, parallel to said East line of Section 11 for 344.62 feet; thence West for 20.00 feet; thence North for 336.48 feet to said Southeasterly Right-of- Way line; thence North 67051'00" East along said Southeasterly Right-of-Way line for 21.59 feet to the Point of Beginning. Containing 6,811.30 s.f. or 0.156 acres, more or less. Parcel II (Bottom Phase II on survey dated 9/7/07 by Frederick H. Hildebrandt) A parcel of land in Section 11, Township 66 South, Range 32 East, Key Vaca, Monroe County, Florida, more particularly described as follows: Commence at the intersection of the East line of said Section 11 and the Southeasterly right of way line of U.S. Highway 1; thence South along the said East line of Section 11 for 859.00 feet to the Point of Beginning; thence continue South along the said East line of Section 11 for 70.23 feet; thence West for 231.55 feet; thence North for 94.84 feet; thence East for 140.00 feet; thence South for 24.61 feet; thence East for 91.55 feet back to the Point of Beginning. Containing 19,707 s. f. or 0.45 acres, more or less. EXHIBIT B TO RESOLUTION - 2008 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 he 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 responsihle for ensuring compliance with the affordability covenants contained herein and expressly agrees to furnish, upon Grantor's request, written certification thereof.