Resolution 030-2022RESOLUTION N . 030 -2022
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TLOUK GABUYOUT PROGRAM., , ..
APPROVING
APPROVING THE MOVEMENT OF A MARKET RATE RESTRICTIVF COVENANT RUNNING WITH THE LAND, AND
EXEMPTION FROM THE PROPERTY TO THE
ADMINISTRATIVE RELIEF POOL FOR MARKET RATE
ALLOC.4TIffkTS.
WHEREAS. Hurricane Irma impacted the Florida Keys on September 10. 2017 destroying or
majorly damaging over 4.000 residential structures in Monroe County: and
WHEREAS, The Department of Economic Opportunity (Df O) developed a Community
Development Block Grant - Disaster Recovery (CDBG-DR) Action Plan that detailed hors- the
State will administer the funds statewide. The Action Plan allocated funding for the Voluntary
Home Buyout Program (VHBP) for the unincorporated portions of Monroe County. The County
was awardcd $15 Million in funding; and
WHEREAS, the County adopted Resolution 150-2020 to accept and ehecute the VHBP
Subrecipient Agreement for the CDBC;-DR funding on May 20, 2020, which was amended by an
Amendment to the VHBP Subrecipient Agreement approved on March 17. 2021; and
WHEREAS, the purpose of Rebuild Florida's CDBG-DR Voluntary Home Buyout Program
is to acquire properties that are in high -risk flood areas to help reduce the impact of future disasters.
and to assist property owners to relocate to less risk prone areas. The Subrecipient Agreement
requires the County to restrict VHBP acquired properties to uses stated in the County's grant
application. The application included Resolution 224-2019 which stated the county`s intention
was to deed -restrict the properties in perpetuity to open space uses. storm water improvements or
to restore and conserve the natural floodplain functions. This deed -restriction is provided for in a
"Declaration of Restrictive Covenant Running with the Land and Declaration of Restriction on
Future Development , and
WHEREAS. Monroe County is acquiring property through the V1 11311 lor a purchase price of
$410.000.00. This acquisition has been reviewed and approved by DE`0 per the terms ol'the
Subrecipient Agreement: and
WHEREAS, The residence,,vas constructed in 1975, and therefore Monroe County has one (I )
ROGO FIxemption on the property; and
WHEREAS, said one ( I ) market rate ROGO VIxemption are not needed for the redevelopment
ol'the site. and
WHEREAS,the BOCC is moving one (1) inarket rate ROGO l"'Xemption to the
Administrative Relief pool for rnarket rate allocations.
6
[OLIXTH04 I Lm 14113 m NMI] muy 111 1
Section 1. Recitals and Legislative Intent: The foregoing recitals and statements of
legislative intent are true and correct and are hereby incorporated as if fully stated
herein.
Section 2. This resolution shall become effective upon its adoption by the Monroe County
Board of County Commissioners.
Section 3. This resolution authorizes the Mayor to execute the Purchase Agreement attached
hereto as Exhibit A.
Section 4,.The resolution authorizes the Mayor to execute the Declaration of Restrictive
Covenant Running with the Land and Declaration of Restriction on Future
Development. attached hereto as Fxhibit B.
Section 4. The resolution authorizes the Monroe County Planning Department to move one
(I ) market rate ROGO 12,xemptions to the Administrative Rellef'pool lor market
rate allocation. The Property Record Card is attached hereto as Exhibit C.
PASSED AND ADOPTED by the Board of County Commissioners ol'Monroc County,
Florida. at a regular meeting of'said Board field on the 2 1 " day of.lanuary 2022.
Page 2 of 6
MONROE COUNTY, FLORIDA
I\
VOLUNTARY HOME BUYOUT PROGRAM
AGREEMENT FOR PURCHASE
This AGREEMENT made this 21st day ofTanua 2021, by and between Monroe County,
a political subdivision of the State of Florida, whose past office address is 1100 Simonton
Street, Suite 205, Key West, FL 33040 (hereinafter referred to as "Buyer") and
Brandon M. Southcombe and Diana C. Levine-Southcombe (hereinafter referred to as "Seller(s)"):
OFFER AND DESCRIPTION. Buyer agrees to buy, and Seller(s) agrees to sell all of a certain
piece, parcel or lot of land, and for all of the lands and other interests, buildings, structures
and improvements thereon, which lands shall include all tenements, hereditaments, together
with fixtures and Personal Property (as described below), all water and other rights,
easements, appurtenances, and any and all of the Seller(s)' rights in or arising by reason of
ownership thereunto belonging, owned by them, situate and tying in the Monroe County, State
of Florida, more particularly described as follows (which will be collectively referred to as
"Property") ; to wit:
LEGAL DESCRIPTION: Lot 4, Block S Guifrest Park Plat No. 2, according to the plat
thereof as recorded in Plat Book 4, Page 157, Public Records of Monroe County, Florida
RE NUMBER: 001581104)00000
Seller(s) must relinquish all development/building rights to the property including but not
limited to any and all allocations legally existing or granted under the MONROE COUNTY's
RATE OF GROWTH ORDINANCE (ROGO). The Seller(s) agree that they have full right,
power, and authority to convey, and that they will convey to the Buyer the fee simple title
together with legal and practical access thereto dear, free and unencumbered, subject to the
following easements or reservations for canals, ditches, flumes, pipelines, railroads, public
highways and roads, telephone, telegraph, power transmission lines and public utilities.
2. CONSIDERATION. The purchase price for the Property and improvements above described
is $410,000.00 to be paid at closing, minus
any outstanding dens or assessments which are due and payable at the date of settlement.
3. CONTINGENCIES.
3.1 Sellers) shall vacate the property within 90 days from the date of this contract or by
the vacancy inspection date, whichever is earlier. If Seller(s) does not vacate the
property, the Buyer shall have the right to void this contract, unless an extension has
been agreed upon, in writing, between Seller(s) and the Buyer. The Property shall be
Page 1 of 4 , Attachment 4- Agr e em t- tit for Pu r chase
n
MONROE COUNTY, FLORIDA
VOLUNTARY HOME BUYOUT PROGRAM
delivered by Seller(s) at settlement/closing date free of any tenant(s) or occupant(s)
and future tenancies.
3.2 Buyer shall have access to Property and the right to perform any and all inspections
on the Property up until day of closing/settlement date. If Buyers inspections are not
satisfactory to the Buyer, the Buyer shall have the right to void this contract. Buyer
shall also have the right to void this contract if the Buyer's intended use of the property
is a violation of any restrictive covenants on the property that cannot be modified.
3.3 Buyer and Seller(s) acknowledges that this Property is being purchased with U.S.
Department of Housing and Urban Development (HUD) funds that are being allocated
through Florida's Department of Economic Opportunity (DEO) in accordance with the
Voluntary Home Buyout Program. The Seller(s) acknowledges that this contract does
not constitute a guarantee to the commitment of funds or site approval, and that such
commitment of funds or approval is subject to satisfactory completion of an
environmental review, DEO approval of the purchase, and Monroe County, FL Board
of County Commissioner`s approval' of the purchase, and. The Buyer may terminate
this Agreement at any time if any of the above Contingencies are not met.
3.4 The Seller(s) shall resolve any open code enforcement proceedings prior to closing.
4. TRANSACTION COSTS. Buyer's Transaction Costs include the appraisal fee, Buyer's
attorney fees, deed preparation, title search charges, survey (if required) and title insurance,
owner's policy, inspections, municipal lien search, and all documentary stamp taxes and
recording fees, if applicable. Seller(s)'s Transaction Costs include deed preparation and payoff
fees. Buyer shall be responsible for Buyer's transaction costs and Seller(s)'s transaction costs.
Seller(s) shall be responsible for any costs necessary to deliver a marketable title (including
recording of loan and/or lien satisfactions or other fees needed to cure title). If Seller(s) is
represented by a realtor or attorney, the Seller(s) is responsible for all Seller(s)' realtor and
attomey fees. Seller(s) shall fumish to Buyer at Closing an affidavit attesting to the absence of
any financing statement, claims of lien, or potential lienors known to Seller(s).
5. REAL ESTATE TAXES. Buyer shall be responsible for the pro-rata share of prepaid real
property taxes, including any special taxes, due at the date of settlement/closing. It shall be
the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at the
date of settlement/closing, whether or not such taxes and assessments are then due and
payable.
6. ADJUSTMENTS. NONE.
7. CONVEYANCE DATE OF CLOSING/POSSESSION. Conveyance will be made subject to all
easements and covenants of record (provided they do not make the title unmarketable or
prohibits Buyer from its desired use of the property) and to all, governmental statutes,
ordinances, rules, and regulations. The Seller(s) expressly agree herein to furnish to the Buyer
any documents in Seller(s)'s possession establishing evidence of title including, but not
limited to, abstracts, title commitments, title policies and opinions of title. Seller(s) agrees to
convey by marketable title with a general warranty deed, free of encumbrances. The deed will
be prepared by the Closing Attorney in the name of Monroe County, FL,, or as otherwise
stipulated by Buyer, and delivered to stipulated place of closing. Closing Attorney shall be
Page 2 of 4 1Attachment 4- Agreement for Purchase
Q%
MONROE COUNTY, FLORIDA
VOLUNTARY HOME BUYOUT PROGRAM
authorized to disburse the sales proceeds at the time of settlement. This transaction will be
closed on or before 90 days of the signing of this contract unless an extension has been agreed
upon between Seller(s) and the Buyer.
8. FIXTURES AND PERSONAL PROPERTY. At the time of closing/settlement date, this sale
includes all property, fixtures, equipment, and improvements of any kind left on the premises.
Personal property, such as fixtures, can be removed from the property prior to Vacancy
Inspection so long as this removal does not cause health or safety concerns on the premises.
9. EXPIRATION OF OFFER. This offer from Buyer will be withdrawn at 5 o'clock PM.
(Eastern Time) on December 20.2021 unless accepted or countered by Seller(s) in
written form prior to such time. If Seller(s) requires an extension to the time and date stated
above to accept or counteroffer the offer presented by the Buyer, a written request with
reasoning needs to be submitted to and approved by the Buyer prior to the expiration date.
10. TIME IS OF THE ESSENCE. Time is of the essence with respect to all provisions of this
contract that stipulate a speck period of time for performance. Failure of Seller(s) to
complete any provision of this contract within the stipulated period of time for completion of
the provision will constitute, where applicable, a default of this contract.
11. SURVIVAL. If any provision herein contained which by its nature and effect is required to be
observed, kept or performed after closing, it will survive the closing and remain binding upon
and for the Parties hereto until fully observed kept or performed.
12. ENTIRE AGREEMENT. This agreement, the Voluntary Transaction Agreement, the
Certificate of Removal of Personal'Property and Abandonment, the Subrogation Agreement,
Right of Entry, Hold Harmless and Indemnification Agreement, and Certificate of Vacancy
Inspection supersedes any and all understandings and agreements between the parties and
constitutes the sole and entire agreement between the parties. No oral agreement or
representations prior hereto shall be included herein unless set forth in writing. Any change to
this contract shall be in writing. This agreement shall be constructed in accordance with the laws
of the State of Florida. It is understood by the parties that this agreement is subject to Chapter
119, Florida Statute regarding Public Records Law.
13. EFFECTIVE DATE. The effective date of this Agreement shall be that date when the last one
of the Seller(s) and the Buyer has signed this Agreement.
Warning: Any person who knowingly, makes a false claim or statement to HUD may be
subject to civil or criminal penalties under 18 U.S.C. 287,1001 and 31 U.S.C. 3729.
Page 3 of 4 1Attachment 4- Agreement for Purchase
MONROE COUNTY, FLORIDA
VOLUNTARY HOME BUYOUT PROGRAM
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their
respective seals on the day first above written and therefore the Seller(s) for and in consideration
hereinabove acknowledge as received, have and do hereby grant unto the Buyer or its authorized
representative, or any other office or agent of the Buyer authorized to purchase said lands, the
option and right to enter into this Agreement and to purchase said lands as herein provided.
Seller/ Brandon M. Southco be
Signature Date Phone Number
Seller/ Diana C. Levine-Southcombe
i atur Date Phone Number
Seller/
Signature
Buyer/ COUNTY:
Date Phone Number
ATTEST: Kevin Madok, CPA, Clerk
MONROE COUNTY, FLORIDA
Rxtjvl-�'
�- -
Dav , Rice, Mayor
M N E CO�SCULL
IPPPAUNECE
ASSISTA I ri, I Y-ORNEY
DATE:
Page 4 of 4 1Attachment 4- Agreement for Purchase
Doc # 2372315 Bk# 3169 Pa# 1488
Return to: Recorded 4I25i2022 10:14 AM Page I of 3
The Law Office of Anthony J. Barrows
540 Key Deer Blvd
Big Pine Key, FL 33043 Filed and Recorded in Official Records of
305-872-1050 MONROE COUNTY KEVIN lMt_ADOK. CPA
-------------------------------- Space Above this Line for Recording -----------------------------------
DECLARATION OF RESTRICTIVE COVENANT RUNNING WITH THE LAND
AND DECLARATION OF RESTRICTION ON FUTURE DEVELOPMENT
This Declaration of Restrictive Covenant is executed as of the 21 s` day of January, 2022 (the
"Effective Date"), by Monroe County, a political subdivision of the State of Florida, whose post
office address is 1100 Simonton Street, Suite 205, Key West, FL 33040, in reference to the
property ("Property") known as:
Legal Description: Lot 4, Block 8, Gulfrest Park Plat No. 2, according to the plat thereof as
recorded in Plat Book 4, Page 157, Public Records of Monroe County
RE #: 001581 10-000000
Address: 45 Riviera Drive., Big Coppitt Key, FL 33040
conveyed by the Deed between Brandon M. and Diana C. Levine-Southcombe, participating
in a federally assisted acquisition project ("Grantor"), and Monroe County, ("Grantee"), its
successors and assigns:
WHEREAS, Hurricane Irma impacted the Florida Keys on September 10, 2017, destroying or
majorly damaging over 4,000 residential structures in Monroe County; and
WHEREAS, in response to the impacts statewide of Hurricane Irma, the Department of Economic
Opportunity (DEO) developed a Community Development Block Grant - Disaster Recovery
(CDBG-DR) Action Plan that detailed how the State will administer the funds statewide. The
Action Plan includes the Voluntary Home Buyout Program (VHBP) which was created to acquire
properties that are in high -risk flood areas, to reduce the impact of future disasters, and to assist
property owners to relocate to less risk prone areas; and,
WHEREAS, Monroe County was awarded $15 Million in CDBG-DR funding for the creation
and implementation of a VHBP for unincorporated portions of the County. The County adopted
Resolution 150-2020 to accept and execute the VHBP DEO Subrecipient Agreement for the
CDBG-DR funding on May 20, 2020, which was amended by an Amendment to the VHBP
Subrecipient Agreement approved on March 17, 2021, making the County a VHBP grantee; and
WHEREAS, the Subrecipient Agreement requires the County to restrict VHBP acquired
properties to uses stated in the County's grant application. The application included Resolution
224-2019 which stated the county's intention was to deed -restrict the properties in perpetuity to
open space uses, storm water improvements or to restore and conserve the natural floodplain
functions; and
NOW, THEREFORE, this DECLARATION is made from and after the Effective Date and
subject to the following terms and conditions:
1. Terms. Pursuant to the terms of the Subrecipient Agreement 10092 dated June 4, 2020, the
following conditions and restrictions shall apply in perpetuity to the Property described in
the attached deed and acquired by the Grantee pursuant to CDBG-DR requirements
concerning the acquisition of the Property:
a. Compatible uses. The Property shall be dedicated and maintained in
perpetuity to open space uses, storm water improvements or to restore and
conserve the natural floodplain functions.
b. Structures. Construction of new structures is only allowed where:
i. A public building is open on all sides and functionally related to a
designated open space use.;
ii. The structure is a public rest room; or
iii. The structure is compatible with the uses proposed included in
paragraph La., and has DEO approval in writing before the
construction of the structure begins.
Any new structures built on the Property according to the subparagraph b.
above will be elevated or flood -proofed to the Base Flood Elevation (BFE)
plus two foot of freeboard as defined in the Federal Register 24 CFR
55.2(b)(I0), or as amended and defined in the Federal Register, and meet
applicable requirements of the National Flood Insurance Program (NFIP)
floodplain management regulations or local codes.
C. Disaster Assistance and Flood Insurance. After settlement, no federal
disaster assistance for any purpose from any federal source, nor flood
insurance payments will be made with respect to the Property, and no person
or entity shall seek such amounts.
d. Transfer. The subrecipient must obtain the approval of DEO before
conveying ownership (fee title) of the Property to another public agency or
qualified conservation organization. Property transfer to private citizens and
corporations will not be approved. All development rights in the form of a
conservation easement on the property must be conveyed to the
conservation organization or retained by the subrecipient or other public
entity.
2. Enforcement. The subrecipient must accept responsibility for monitoring and enforcing
this deed restriction and/or easement.
3. Amendment. This agreement may be amended upon signatures of DEO and the Grantee
only to the extent that such amendment does not affect the fundamental and statutory
purposes underlying the agreement.
4. Severability. Should any provision of this grant or the application thereof to any person or
circumstance be found to be invalid or unenforceable, the rest and remainder of the
provisions of this grant and their application shall not be affected and shall remain valid
and enforceable.
IN WITNESS WHEREOF, the undersigned has caused this DECLARATION to be signed by its
duly authorized representatives, as of the day and year first above written.
Grantee/ COUNTY: MONROE COUNTY, FLORIDA
ATTEST: Kevin Madok, CPA, Clerk
David Rice, M yor
OE COUNTY ATTORNEY'S OFFICE
AvE�.,_Pre
.P RM
PAUNECE SCULL
ASSISTA OU ATXQRNEY
DATE:
Prepared by and return to:
Anthony J. Barrows
Attorney at Law
The Law Offices of Anthony J. Barrows, LLC
540 Key Deer Boulevard
Big Pine Key, FL 33043
305-872-1050
File Number: 22-115
Consideration: $410,000.00
Parcel Identification No. 00158110-000000
Doc # 2372314 Bk# 3169 Pg# 1486
Recorded 4/25/2022 10:14 AM Page 1 of 2
Deed Doc Stamp $2,870.00
Filed and Recorded in Official Records of
MONROE COUNTY KE``IN MADOK, CPA
Above This Line For Recording
Warranty Deed
(STATUTORY FORM - SECTION 689.02, F.S.)
This Indenture made this 20th day of April, 2022 between Brandon M. Southcombe and Diana C.
Levine-Southcombe, husband and wife whose post office address is 886 Murray Dr, Honolulu, HI 96818 of the County
of Honolulu, State of Hawaii, grantor*, and Monroe County, a political subdivision of the State of Florida whose post
office address is 1100 Simonton Street, Suite 205, Key West, FL 33040 of the County of Monroe, State of Florida,
grantee*,
Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Monroe County, Florida, to -wit:
Lot 4, Block 8, Gulfrest Park Plat No. 2, according to the plat thereof as recorded in Plat Book 4,
Page 157, Public Records of Monroe County, Florida.
Subject to taxes for 2022 and subsequent years; covenants, conditions, restrictions, easements,
reservations and limitations of record, if any.
Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's
homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous
to or a part of homestead property.
and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons
whomsoever.
* "Grantor" and "Grantee" are used for singular or plural, as context requires.
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In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
W ESSES AS TO BOTH:
Wi ss Name:.Ifrd9(wP l KrntfiNT0
4016�
fitness
i
State of HAUuA4
County of 14ONOWF-V
(Seal)
Brandon M. Southcombe
/ (Seal)
Diana C. i"ie-Southcombe
r
The foregoing instrument was acknowledged before me by means of [X] physical presence or [j online notarization, this
161" day of April, 2022 by Brandon M. Southcombe and Diana C. Levine-Southcombe,-who L] are personally known or
Xj have produced a driver's license as identification.
SARkf/, �'•,
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[Notary Seal] o Notary Public
NOTARY
_ PUBLIC _ Printed Name: .1NvMAtL Sp(>,MICN'6-
Comm. No.
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Doc. Date of no # Pages 2
Notary Name JNvmAR RMIEMT4 First Circuit
Doc. Description4L— WA(ti�ANty
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Not ry Signature Date
Warranty Deed (Statutory Form) - Page 2 DoubleTime®
Mayor David Rice. District 4
layor Pro Tein Craig Cates, District I
ommissioiler Michek Coldirori. District 2
acant, Nstrict 3
wiliriis%ioner Holly MegTM Raschein, District 5
4ADOK. (I-EIRK
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As DeputN (lerk
BOARD 01"COUNTY COMMISMONERS
OF MONROF COUNTY. FLORIDA
Mayor
NECESCULL
DATE u NEY