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Item G3 LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: June 21.2006 Division: Land Authoritv Bulk Item: Yes No...x.. Staff Contact Person: Mark Rosch Agenda Item Wording: Approval of an interlocal agreement with the Village of Islamorada authorizing conveyance of the Wet Net property to the Village. Item Background: The proposed interlocal agreement calls for the Land Authority to purchase the Wet Net property, impose deed restrictions, and then transfer property title to the Village of Islamorada. The proposed deed restrictions are similar to those imposed when the Land Authority has transferred affordable housing sites to the BOCC. The Village Council is scheduled to consider approval of the agreement on June 8, 2006. Advisory Committee Action: On May 24, 2006 the Committee voted 4/0 to authorize conveyance of the Wet Net property to the Village using the proposed deed restrictions. As an optional item, the Committee suggested that the Board consider adding a provision to the deed restrictions whereby the Village would be responsible for paying the Land Authority's attorney fees in the event an enforcement action was required. Previous Governing Board Action: On December 15,2004 the Board approved an earlier version of a proposed interlocal agreement which was never approved by the Village Council. Contract/Agreement Changes: Relative to the December 15, 2004 version, the proposed deed restrictions have been simplified to follow the minimum requirements of the Land Authority statute and to follow the form of recent conveyances to the BOCC. The Village will be responsible for determining the type of housing, number of units, location of development, and compliance certification methods. The statutory reference is more generic to accommodate the legislature's pending change to affordable income levels. Staff Recommendation: Approval Total Cost: $ N/A Budgeted: Yes_ No_. Cost to Land Authority: $ N/A Source of Funds: N/A Approved By: Attorney ~ County Land Steward _' Executive Director Approval: ~O, ~04d . Mark J. Rosch Documentation: Included: ~ To Follow: Not Required: Disposition: Agenda Item _ MONROE COUNTY LAND AUTHORITYNILLAGE OF ISLAMORADA INTERLOCAL AGREEMENT WET NET PROPERTY THIS INTERLOCAL AGREEMENT (the "Agreement"), is made and entered into this _ day of , 20_, by and between the Monroe County Comprehensive Plan Land Authority, a land authority established pursuant to s380.0661, Florida Statutes, hereinafter referred to as "Land Authority," and Islamorada, Village of Islands, Florida, a municipal corporation of the State of Florida, hereinafter referred to as "Village." WHEREAS, the Village incorporated on December 31, 1997 and is located within the Florida Keys Area of Critical State Concern; and WHEREAS, the Village Council adopted Resolution 03-08-40 nominating the Wet Net property, more particularly described in Exhibit A, for acquisition by the Land Authority; and WHEREAS, the Village entered into a 380 Agreement establishing a framework for the Land Authority's purchase of the Wet Net property and subsequent conveyance to the Village for development with affordable/workforce housing; and WHEREAS, the Land Authority has contracted to purchase the Wet Net property in accordance with the 380 Agreement and said real estate transaction is scheduled to close on June 26, 2006; and NOW THEREFORE, the Village and the Land Authority do hereby agree as follows: Upon receiving title to the Wet Net property, the Land Authority agrees to immediately transfer said title to the Village. The parties agree the Land Authority's deed into the Village will contain the restrictions shown in Exhibit B. The Village agrees to accept title to the Wet Net property encumbered by said restrictions. IN WITNESS WHEREOF, the parties, by and through their respective undersigned duly authorized representatives, have executed this Agreement as of the dates below written. ISLAMORADA, VILLAGE OF ISLANDS, acting by and through its MAYOR, has executed this agreement on behalf of ISLAMORADA, VILLAGE OF ISLANDS this _ day of ,20 . ATTEST: ISLAMORADA, VILLAGE OF ISLANDS (Seal) By: Village Clerk Chris Sante, Mayor Approved for Legal Sufficiency Page 1 of 2 The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its CHAIRMAN, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of 20 ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (Seal) By: Mark J. Rosch, Executive Director David P. Rice, Chairman Approved for Legal Sufficiency Larry R. Erskine Page 2 of 2 DOGII 1495672 BKM 2083 P9~ 1754 "EXHIBIT An Parcel A ~ A parcel of land on Upper Matecumbe Key, Monroe County, Florida, being a part of Lot 5, according to a map or plat of a subdivision of Government Lots 1, 2 and 3, Section 32, Township 63 South, Range 37 East, and all of Government Lot 1, Section 5, Township 64 South, Range 37 East, made by Geo. L. MacDonald, Civil Engineer, and recorded in Plat Book 1 at Page 41 of the Public Records of Monroe County, Florida, said parcel being "TRACT 2" of Survey of Scarboro & Roberts Tracts according to a map or plat thereof recorded in Plat Book 2 at Page 53 of the said Public Records, said parcel also being a part of the lands described by Deed recorded in Official Records Book 57 at Page 296 of the said Public Records, said parcel being more particularly described as follows: ' Beginning at a point on the Northwesterly Right-Of-Way line of Old State Road No. 4-A the same being the Southwesterly corner' of the said TRACT 2 if Survey of Scarboro & Roberts Tracts, run N 29 degrees 53 minutes 06 seconds W along the Southwesterly line of the said TRACT 2 for 462:45 feet to a point on the Southeasterly Right-Of-way line of State Road No.5. (U.S. Hwy No.1) the same being the Northwesterly corner of the said TRACT 2; thence run N 46 degrees 09 minutes 22 seconds E along the said Southeasterly Right-Of-Way line for 261.75 feet to the Northeasterly corner of the said TRACT 2, the same being the Nortfuwesterly corner of the "Amended Plat of Survey of Edney Parker Property" according tp the Plat thereof recorded in Plat Book 2 at Page 114 of the said Public Records; thenCe run S 30 degrees 01 minute 33 seconds E along the Northeasterly line of the said TRi'\CT 2 and along the Southwesterly line of the said "Amended Plat of Survey of Edney I?arker Property". the same being the Northeasterly line of the said Lot 5 according to the said map or plat recorded in the said Plat Book 1, Page 41, for 521.43 feet to a point on the said Northwesterly Right-Of-Way line of Old State Road No.4-A, the same being the Southeasterly corner of the said TRACT 2 and the Southwesterly corner of the said "Amended Plat of Survey of Edney Parker Property"; thence run Southwesterly along the said Northwesterly Right-Of-Way line of Old State Road No. 4-A and along an arc of a curve to the Tight of radius 597.00 feet 101.80 feet to a point of tangency; thence run S 61 degrees 07 minutes 13 seconds W along the said Northwesterly Right~Of-Way line for 153.89 feet to the Point of Beginning of the herein described parcel of lan~. Bearings hereinabove mentioned are plane Coordinate for the Florida East Zone and are based on ties to Florida Department of Transportation Second Order Traverse Stations 90-75-A03 and 90-75-A04. Doc" 1495672 Bkl 2083 Pel 17S5 "EXHIBIT A" - continued Parcel B . That part of Lot 5 according to a Plat of part of Government Lot 1, all of Lots 2 and 3 of Section 32, Township 63 South, Range 37 East and all of Lot 1 of Section 5, Township 64 South, Range 37 East as surveyed for Lee Pinder by G.L. MacDonald and recorded in Plat Book 1, Page 41, Public Records of Monroe County, Florida, described as follows: Commencing at a point on the shoreline of the Atlantic Ocean, 615 feel Northeasterly from the dividing line between Lots 5 & 6 of said Plat, which point is the Southwest corner of Scarboro and Roberts Tracts, according to the Plat thereof, recorded in Plat Book 2, Page 53, of the Public Records of Monroe County, Florida. thence Northwesterly along the Southwesterly line of Scarboro and Roberts Tract, 456.12 feet to a point on the Northwesterly line of the Old Highway and the Point of Beginning of the Tract hereinafter described; THENCE continue Northwesterly on the same course 462.70 feet to the Southeasterly line of State Road No.5, (U.S. #1); thence Southwesterly along the Southea~terly line of State Road No.5, 75.45 feet; thence in a Southeasterly direction parallel to the Southwesterly line of Scarboro and Roberts Tract 445 feet more or less to the North"Yesterly tine of the Old Highway; thence Northeasterly along Northwesterly line of the .~Id Highway 74.01 feet to the Point of Beginning; containing .77 acres more or less. Parcel C - Part of Lot 5 of MacDonald's Subdivision, according to the Plat thereof, as recorded in Plat Book 1, at Page 41, of the Public Records of Monroe County, Florida, more particularly described as follows: From a point of the intersection of the Southeasterly Right-Ot-Way of Overseas Highway and the line dividing Lots 4 and 5 of said Subdivision, proceed in a Souttllwesterly direction along said Southeasterly Right~Of~ Way of Overseas Highway for a di$tance of 413.07 feet to the Point of Beginning, said Point of Beginning being the Northwesterly corner of the property herein described and the intersection of the Northeastertly boundary of Meinzinger Art Colony Subdivision, according to the Plat thereof, as tecorded in Plat Book 2, at Page 84 of the Public Records of Monroe County, Florida, and the Southeasterly Right-Ot-Way ot said Overseas Highway. From said Pbint of Beginning turn left through an angle of 75 degrees 58 minutes and proceed in a .southeasterly direction at Northeasterly boundary of said Meinzinger Art Colony Subdivision a distance of 427 feet more or less, to the Northwesterly Right-Of.Way tine of the Old Overseas Highway (State Road No.4-A); thence in a Northeasterly direction! along the Northwesterly Right-Of-Way of said Old Overseas Highway a distance of 7 4.~7 feet to a point thence in a Northwesterly direction along a line parallel to the Southw~sterlY boundary of the property herein described a distance of 445 feet, more or less, ~o the Southeasterly boundary of the Right-Ot.Way of the Overseas Highway; thence in. a Southwesterly direction along the Southeasterly Right-Of.Way of said Overseas Highway a distance of 76.00 feet to the Point of Beginning. "ONROE COUNTY OFFICIAL RECORDS EXHIBIT B AFFORDABI L1TY 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 be 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. MonitorinQ. Grantee is responsible for ensuring compliance with the affordability covenants contained herein and expressly agrees to furnish, upon Grantor's request, written certification thereof.