Resolution 129-2022RESOLUTION NO. 129 - 2022
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS NOMINATING PROPERTY
FOR PURCHASE BY THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AT THE
CORNER OF CROSS WAY AND WEST CIRCLE DRIVE ON
THE OCEAN SIDE OF SADDLEBUNCH KEY NEAR MM 14
WITH A LEGAL DESCRIPTION OF LOTS 3 AND 4, BLOCK
3, BAY POINT AMENDED PLAT (PB 3-75) WITH PARCEL ID
NUMBERS 00160160-000000 AND 00160170-000000 F O R
PUBLIC RECREATIONAL FACILITIES AND POTENTIALLY
FOR AFFORDABLE WORKFORCE HOUSING/EMPLOYEE
HOUSING; AND AUTHORIZING THE MAYOR TO SIGN A
LAND USE RESTRICTION AGREEMENT (LURA)
WHEREAS, Monroe County (hereinafter "County") desires the Monroe County
Comprehensive Plan Land Authority (hereinafter "Authority") to purchase two properties
at the corner of Cross Way and West Circle Drive, ocean side of Saddlebunch Key near
Mile Marker 14 with a legal description of Lots 3 and 4, Block 3, Bay Point Amended Plat
(Plat Book 3 - Page 75) with Parcel ID Numbers: 00160160-000000 and 00160170-
000000 (hereinafter "Site") for public recreational facilities and potentially for affordable
workforce housing/employee housing units (depending on County Commission direction);
and
WHEREAS, purchase of the subject property for public recreation facilities and affordable
workforce housing is consistent with the policies of the County's Comprehensive Plan
and Land Development Regulations; and
WHEREAS, the property owner has agreed to sell the site to the Authority; and
WHEREAS, the Authority wishes to assist the County in acquiring the subject property
for public recreational facilities and potentially for affordable workforce housing/employee
housing.
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS THAT:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. The County hereby nominates the subject property for purchase by the
Authority. Upon the Authority's purchase of the subject property, the County hereby
requests that the Authority transfer title to the County.
Section 3. The County will utilize the site for public recreational facilities and potentially
for affordable housing.
Page 1 of 2
Section 4. The County Mayor is hereby authorized to execute the Land Use Restriction
Agreement (LURA) shown in Attachment "A" restricting use of the Site to public
recreational facilities and affordable housing in accordance with Section 380.0666 (3)(a),
Florida Statutes.
Section 5. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the Monroe County Board of County Commissioners at a
regular meeting on this 20th day of April , 2022.
Mayor David Rice Yes
Mayor Pro Tern Craig Cates Yes
Commissioner Michelle Coldiron Yes
Commissioner District III, Vacant Vacant
Commissioner Holly Merrill Raschein Yes
J MADOK, CLERK
By: aLbA
As Dep ty Clerk
Digitally signed by Robert B. Shlllinger
{ DN:cn=Robert B.5hIllinger,o=B.O.C.C. of Monroe County, FL
Robert B. S h i l l i n g e r_'\ ouunnttySAttorney, email=shillingerbob@lmonroecounty-
;% Dale: 2022.04.2609:21:48-04'00'
Approved as to form and legal sufficiency
Robert B. Shillinger, Monroe County Attorney
7-
C.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor e Rice
Page 2 of 2
ATTACHMENT A
THIS INSTRUMENT PREPARED
BY AND RETURN TO:
Gregory S. Oropeza, Esq.
Oropeza, Stones, & Cardenas, PLLC
221 Simonton Street
Key West, FL 33040
LAND USE RESTRICTION AGREEMENT
THE CORNER OF CROSS WAY AND WEST CIRCLE DRIVE, OCEAN SIDE OF
SADDLEBUNCH KEY NEAR MM 14 WITH A LEGAL DESCRIPTION OF LOTS 3 AND
4, BLOCK 3, BAY POINT AMENDED PLAT (PB 3-75) WITH PARCEL ID NUMBERS
00160160-000000 AND 00160170-000000
THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made
and entered into as of the day of , 20_, between MONROE COUNTY
(hereinafter "County" and the MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY, a land authority pursuant to section 380.0663(1), Florida Statutes and Monroe
County Ordinance No. 031-1986 (hereinafter "Land Authority"), and their respective successors
and assigns.
RECITALS
A. The site legally described as Lots 3 and 4, Bay Point Amended Plat, Plat Book 3,
Page 75, of the Public Records of Monroe County, Florida (hereinafter "Subject Property") located
at the corner of Cross Way and West Circle Drive on the ocean side of Saddlebunch Key, near
Mile Marker 14, with Parcel ID Numbers 00160160-000000 and 00160170-000000
B. The County has adopted Resolution xxxx-xxx nominating the Subject Property for
purchase by the Land Authority, with subsequent conveyance to the County for public recreational
facilities and potentially for affordable housing.
C. The Land Authority has adopted Resolution xx-xxxx and has contracted to purchase
the Subject Property.
D. As a condition of Land Authority purchasing the Subject Property, County has
agreed that the Subj ect Property shall only be used consistent with Florida Statutes 3 80.0666 (3)(a)
for public recreational facilities and affordable housing.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set
forth herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, County and Land Authority do hereby contract and agree as follows:
Page 1 of 6
ARTICLE I
COMPLIANCE WITH LAND AUTHORITY REQUIREMENTS
In order to comply with the Land Authority's requirements pursuant to section
380.0663(l), et seq., Florida Statutes and Monroe County Ordinance No. 031-1986, County hereby
covenants and agrees as follows:
1.01 The restrictions contained in this Article I shall not expire, shall run with the Subject
Property in perpetuity and shall be binding upon County.
1.02 Use of the Subject Property shall be restricted to public recreational facilities and the
provision of affordable housing.
1.03 County is responsible for ensuring compliance with the restrictions in this Article I and
expressly agrees to furnish, upon the Land Authority's request, written certification
thereof.
ARTICLE II
CONSIDERATION
In addition to other purposes, the Land Authority has purchased the Subject Property In
consideration of said Land Authority funding for the foregoing purposes, County and Land
Authority have entered into this Agreement.
ARTICLE III
RELIANCE
In performing its duties hereunder, the Land Authority may rely upon statements by County
of the Subject Property believed to be genuine and to have been executed by the proper person or
persons, and upon audits of the books and records of County pertaining to occupancy of the Subject
Property.
ARTICLE IV
TERM
This Agreement shall become effective upon its execution and delivery and shall remain
in full force and effect without expiration, unless modified by mutual written consent of the parties.
Page 2 of 6
ARTICLE V
ENFORCEMENT
If County defaults in the performance of its obligations under this Agreement or breaches
any material covenant, agreement or warranty of County set forth in this Agreement, and if such
default remains uncured for a period of thirty (30) days after written notice thereof shall have been
given by the Land Authority to County, then the Land Authority may take any action at law or in
equity or otherwise to address said default(s). However, if the default stated in such notice can be
corrected, but not within the thirty (30) day period, and if County adopts a plan to correct or cure
the default and commences the correction within the thirty (30) day period (subject to any rights
of tenants in possession of units under a valid lease agreement), and thereafter diligently pursues
the same to completion within such extended period, the Land Authority shall not have waived its
right of enforcement if the default remains uncured after the expiration of the extended cure period.
ARTICLE VI
RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND
6.01. Upon execution County shall cause this Agreement and all amendments and
supplements hereto to be recorded and filed in the official public records of Monroe County and
shall pay all fees and charges incurred in connection therewith.
6.02 This Agreement and the covenants contained herein shall run with the land and
shall bind, and the benefits shall inure to, respectively, County and Land Authority and their
respective successors and assigns during the term of this Agreement.
ARTICLE VII
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida, with respect to both substantive rights and with respect to procedures and
remedies.
ARTICLE VIII
NOTICE AND EFFECT
All notices and other communications to be made or permitted to be made hereunder shall
be in writing and shall be delivered to the addresses shown below or to such other addresses that
the parties may provide to one another in accordance herewith. Such notices and other
communications shall be given by any of the following means: (a) personal service or (b) national
express air courier, provided such courier maintains written verification of actual delivery. Any
notice or other communication given by the means described in subsection (a) or (b) above shall
be deemed effective upon the date of receipt or the date of refusal to accept delivery by the party
to whom such notice or other communication has been sent.
Page 3 of 6
Land Authority: Monroe County Land Authority
1200 Truman Avenue, Suite 207
Key West, FL 33040
Attention: Executive Director
County: Monroe County
1100 Simonton St
Key West, FL 33040
Attention: County Administrator
Monroe County Office of County Attorney
1111 12th Street
Suite 408
Key West, FL 33040
Attention: County Attorney
Any party may change said address by giving the other parties hereto notice of such change
of address in accordance with the foregoing provisions.
ARTICLE IX
MISCELLANEOUS
9.01. If any provision of this Agreement shall be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining portions shall not in any way be affected or
impaired.
9.02. This Agreement may be simultaneously executed in multiple counterparts, all of
which shall constitute one and the same instrument and each of which shall be deemed to be an
original.
Page 4 of 6
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
THE CORNER OF CROSS WAY AND WEST CIRCLE DRIVE, OCEAN SIDE OF
SADDLEBUNCH KEY NEAR MM 14 WITH A LEGAL DESCRIPTION OF LOTS 3 AND
4, BLOCK 3, BAY POINT AMENDED PLAT (PB 3-75) WITH PARCEL ID NUMBERS
00160160-000000 AND 00160170-000000
IN WITNESS WHEREOF, County and Land Authority have caused this Agreement to
be signed, sealed and attested on their behalf by duly authorized representatives, all as of the date
first set forth above.
WITNESSES:
Print:
Print:
Approved as to form and legality
Robert Shillinger, Esq.
STATE OF FLORIDA
COUNTY OF MONROE
Monroe County
M.
Mayor David P. Rice
Address: 1100 Simonton Street
Key West, Florida 33040
The foregoing instrument was acknowledged before me by means of physical presence this
day of , 20_ by David P. Rice as Mayor of Monroe County. Said person
is personally known to me or has produced a valid driver's license as identification.
Notary Public; State of Florida
Print Name:
My Commission Expires:
My Commission No.:
Page 5 of 6
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
THE CORNER OF CROSS WAY AND WEST CIRCLE DRIVE, OCEAN SIDE OF
SADDLEBUNCH KEY NEAR MM 14 WITH A LEGAL DESCRIPTION OF LOTS 3 AND
4, BLOCK 3, BAY POINT AMENDED PLAT (PB 3-75) WITH PARCEL ID NUMBERS
00160160-000000 AND 00160170-000000
IN WITNESS WHEREOF, County and Land Authority have caused this Agreement to
be signed, sealed and attested on their behalf by duly authorized representatives, all as of the date
first set forth above.
WITNESSES:
Print:
Print:
MONROE COUNTY COMPREHENSIVE PLAN
LAND AUTHORITY
M.
David P. Rice, Chairman
Address: 1200 Truman Avenue
Suite 207
Key West, FL 33040
Approved as to form and legality [SEAL]
Gregory S. Oropeza, Esq.
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by means of physical presence
this day of , 20_, by David P. Rice, as Chairman of the MONROE
COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority pursuant to section
380.0663(l), Florida Statutes and Monroe County Ordinance No. 031-1986, on behalf of the Land
Authority. Said person is personally known to me or has produced a valid driver's license as
identification.
Notary Public; State of Florida
Print Name:
My Commission Expires:
My Commission No.:
Page 6 of 6