TO: Mayor and Commissioners
FROM: Lynn Gelin, City Attorney
DATE: January 19, 2021
Title
WORKFORCE HOUSING COVENANT BETWEEN THE CITY OF DELRAY BEACH AND ETHAN JOSEPH HOMES, LLC
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Recommended Action:
Recommendation
Motion to approve the Workforce Housing Covenant between the City of Delray Beach and Ethan Joseph Homes, LLC
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Background:
Ethan Joseph Homes, LLC, (“Developer”) seeks to develop a single-family residence on the property located at 222 NW 9th Avenue, Delray Beach (“Property”). Pursuant to LDR Section 4.1.4, to develop a residential structure on a lot which has frontage of less than 50 feet, Developer must provide Workforce Housing which complies with the City’s Affordable Housing Program. The lot frontage on the Property is less than 50 feet; thus, Developer is required to be a part of the City’s Affordable Housing Program.
The relevant terms of the Agreement provide for the Developer to sell the residence as a workforce housing unit to a very low, low, or moderate income household that is a first-time home buyer. The unit will remain restricted for a period of no less than 40 years from the date of recording of the Covenant. The City’s Neighborhood and Community Services Department is charged with the enforcement of the Covenant and ensuring compliance with same. Once sold, the restrictive covenant would remain and would run with the land.
City Attorney Review:
Approved as to form and sufficiency.