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Item H11 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 AGENJ)A ITEM WORDING: Approval for two Affordable Housing Deed Restrictions for two dwelling units from Habitat for Humanity ofthe Upper Keys, Inc. ITEM BACKGROUl\1): On February 9, 2005 the Planning Commission approved two allocation awards for the applicant listed below provided the applicant's Affordable Housing Deed Restrictions are approved by the BOCC Habitat for Humanity of the Upper Keys, Inc. submitted the Restrictive Covenants to Monroe County. The applicant is receiving two dwelling unit allocation awards for the year ending July 13, 2005, has filed the documents in accordance with Ordinance No. 47-1999. PRKVIOUS RELEV ANT BOARD ACTION: None CONTRACT/AGREEMENT CHANGES: NIl\, STAFF RECOMMENDATION: Approval. TOTAL COST: X BUDGETED: Yes N/ A No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes N/ A No AMOUNT PER MONTH N/ A Year APPROVED BY: County Atty l OMB/Purchasing N/ A cf~~ ~othy Risk Management N/ A DIVISION DIRECTOR APPROVAL: DOCUMENT ATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # MEMORANDUM TO:: FROM: DATE: RE: Danny Kolhage, Clerk of the Court Timothy J. MeGany, Growth Management Diff~ March 16, 2005 Clarification of Agenda Item Affordable Housing Permit Number Name on Agenda Item Name on Restrictive Covenant 03-3-5156 Habitat for Humanity of Habitat for Humanity of the Upper Keys, Inc. the Upper Keys, Inc. 03-3-5157 Habitat for Humanity of Habitat for Humanity of the Upper Keys, Inc. the Upper Keys, Inc. Legal Description Lot 3, Block 2, Ocean Isle Estates, Key Largo Lot 2, Block 2, Ocean Isle Estates, Key Largo Prepared by: Maureen Lackey for Habitat for Humanity of the Upper Keys, Inc. MONROE COUNTY PLANNING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION STA TE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: I, MaUf4f>ti Lackey for Habitat for Humanity of the Upper Keys, '''c. t , the undersigned islare the sole owner(s) of certain real property, situated, lying and being in Monroe County, State of Florida, described as follows: Lot(s): ~ , Block 2 Subdivision: Ocean Isle Estates Key: Larao PB: 5~14 (If legal description is metes and bounds, attach a separate sheet) Real Estate Number: 00638330.000000 II. The residential unit Building Permit Number is 03305156 III. Under the owner~occupied I 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 household does not exceed 100 percent of the median adjusted gross annual income within Monroe County. V. Under Monroe County Code SecHon 9.5-266, the affordable housing dwelling unit is restricted to a maximum of one thousand three hundred (1,300) square of feet habitable space for a period of at least fifty (50) years. Real Estate No. # Oo5"'~ 'J C; 'S a, 0 DQ$:H) <2~~ Affordable Housing Deed Restrietion Page lof2 Initial IV\... VI. The Maximum sales price, owner occupied affordable housing unit shall mean a price not exceeding four and one~quarter (4.25) times the annual median household income for Monroe County. 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 fifty (50) 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 fifty (50) 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 w1thin 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. I/we 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 l!we will abide by the above stated restrictions pursuant to Monroe County Code Chapter 9.5 as may be amended from time to time. ~TNESSESS: \'&t'\iC' ~~4Yn))\<Jn.LV -t{gnature) . . k;d A (\)R1skd \ (PrintfType Name) OWNER OR OWNERS \/(tv~v~ (Signature) -f.,,.. dat..fiJ.,.-' ~t1r':Ir oFIhA UPF~'" InC, (~~;~;;;~Na~:)~ ~ Address: f 0 f?J(/)' 7.10/ (JCff!dtJL IJrUvr7 ~!9nature) B (-'tJ1/d JCf _row n (PrintlType Name) olng instrument was acknowled~ed before me this 24 day of ; 2.11.D5...A.D. by mIlUfct'911f~1 . ~~ is/are personally nown to me or has produced tJ/i Of/Vas ill . as identification. p)~ SARAHYS ROBERTS My COWT~I,' ~ f~~ires MY COMMI$$lQN # DD 1$652 (jA j tI, ?~ljV EXPIRES: Octob<;r 21, 2006 WJ!:rlWTh'1.iNcit$.Ii'P',Jbf,,;:l~m ~ ~ Lo"... t==1 , J C) -; go z 7 Affordable Housing Deed Restriction Page 2 of2 Dale: MONROE COUNTY ATTORNEY 'j!(Roveo AS TO FORM . yG,) Q--::<,.t?S Prepared by: Maureen Lackey for Habitat for Humanity of the Upper Keys, Inc. MONROE COUNTY PLANNING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION STA TE OF FLORIDA COUNTY OF MONROE Notice is hereby given that t, Maureen Lackey for Habitat for Humanity of the Upper Keys, Inc. I. , 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): -L- ,Block 2 Subdivision: Ocean Isle Estates Key: Largo PB: 5~14 (If legal description is metes and bounds, attach a separate sheet} Real Estate Number: 00538320.000000 11. The residential unit Building Permit Number is 03305157 Ill. Under the owner-occupied f 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 .2L. a multi-family unit, _' a mobile home _ to be constructed on said real property. IV. The annual adjusted gross income for the owner-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 leastflfty (50) years. 0', ;::: 'Z v "? Z" ~" :.'.;......, Real Estate No. # ~.~~~.:LJL :70. O(jU CZ-!'-) _,,__ Affordable Housing Deed Restriction Page 1 of2 Initial I1.J.L" VI. The Maximum sales price, owner occupied affordable housing unit shall mean a price not exceeding four and one-quarter (4.25) times the annual median household income for Monroe County. 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 fifty (50) years, but shall not commence running until a certificate of occupancy has been issued by the building official for the dwelling unites) to which the covenant or covenants apply. This deed restriction shall remain in effect for fifty (50) 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. llwe certify that Ilwe amlare familiar with the information herein contained and that it is true and correct to the best of my knowledge and belief; and Ilwe will abide by the above stated restrictions pursuant to Monroe County Code Chapter 9.5 as may be amended from time to time. w;;;:::~ D~)\uJj (Signature) ~\ {~\ r:. ("'(,Pi (~8 \\ (PrintlType Name) (i{)YJ~ ISftwrJ ~nairre) n ice Brown (PrintlType Name) ThJl~gOing instryrr~nt was ackn wledged be~W.l))e this 'lJZ; ,2~A.D. by /lc1 l-tft:{.t.' personally known to me or has produced 'I Vl /11 identification, OWNER OR OWNERS d~=;~~~~!h."","~. ClA,'ty c+--TJ......4f1" r c;..L....vf, YY1 C. "IV( {.:/l (a d93cf (PrintlType Name) Address: f~ ~("-r;;: ('5 ) )[....1 (q f' 7) n ?53d.3 7 My Commission Expires tJcJ4j, 2aJf./ Real Estate No. # .~. 0 tJ C; c; V~::S 2.0 .. ~;~~)UC((_.) Affordable Housing Deed Restriction Page 2 of2 Initial M L 1II0l/FlOe COUNTY ATTOFlI/EY , .APP~AOVEf AS TO FORM Oale 0,XJC ?;,3{)"',