Resolution 082-2024 RESOLUTION NO. 082 -2024
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS REQUESTING THE MONROE
COUNTY COMPREHENSIVE PLAN LAND AUTHORITY TO
CONVEY REAL PROPERTY DESCRIBED AS BLOCK 11, LOT
12, TROPICAL BAY THIRD ADDITION (PB 5-81) ON BIG PINE
KEY TO MONROE COUNTY FOR DENSITY REDUCTION
SUBJECT TO A LAND USE RESTRICTION AGREEMENT
(LURA)AND AUTHORIZING THE MAYOR TO SIGN SAID LURA.
WHEREAS, the Monroe County Board of County Commissioners(hereinafter"BOCC")approved
Resolution 572A-2023 approving the request for Administrative Relief made by Thomas
Rothdeutsch on the above referenced property (hereinafter "Subject Property") in the form of a
purchase offer by the Monroe County Comprehensive Plan Land Authority (hereinafter "Land
Authority"); and
WHEREAS, the Land Authority has contracted to purchase the Subject Property for density
reduction and said purchase will be funded from the Land Authority's Rate of Growth Ordinance
(ROGO) Reserve Fund; and
WHEREAS, Density Reduction lots are maintained by the BOCC and the BOCC desires the Land
Authority convey the Subject Property to Monroe County subject to a Land Use Restriction
Agreement; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. The BOCC hereby requests the Land Authority to convey the Subject Property to
Monroe County subject to the Land Use Restriction Agreement shown in Attachment "A".
Section 3. The Mayor is hereby authorized to execute the Land Use Restriction Agreement shown
in Attachment "A" restricting use of the Subject Property to density reduction in accordance with
Section 380.0666 (3)(a), Florida Statutes.
Section 4. This resolution shall take effect immediately upon its adoption.
Page 1 of 2
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on this 21st day of February 2024.
Mayor Holly Merrill Raschein Yes
Mayor Pro Tern James K. Scholl Yes
Commissioner Craig Cates Yes
Commissioner Michelle Lincoln Yes
Commissioner David Rice Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
•
By:
^ h= q Mayor Illy Merrill Raschein
y7; ii✓ �^ y ,VA
.,,,
hf �';-.: �-�`;1_•-_.
1
0
4.2—i
i �C1 f'a'.ii;r`".u..k:rtl 77 -1.\---Otli
St,A 1.
RA
4f,ty .
': '`�(Sèa MONROE COUNTY ATTORNEY'S OFFICE
'';; ATEST.-sKE IN MADOCK, CLERK Approved for form and legal sufficiency
,,,G r a s*A tuba,,
.,. °� ��o 3: �3p4'::' f r.,, - Di ital signed byRobert B.Shillin er
"" DN:rn=Robert B.Shlllinger,o=Monroe County BOCC,
Robert B. S h i l l i n g e r ou=Monroe County Attorney,email=shillinger
B1.400W1(yYlilbob@monroecounty-fl.gov,c=US
y• Date:2024.02.21 1537:51-05'00'
As Dty C Robert Shillinger, CountyAttorney
,., I-
::;,.,)„oz . r
"......
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
BLOCK 11, LOT 12, TROPICAL BAY THIRD ADDITION (PB 5-81) ON BIG PINE KEY
WITH PARCEL ID#00314240-000000.
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 (hereinafter "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 Lot 12, Block 11, Tropical Bay Third Addition as
recorded in Plat Book 5, Page 81, of the Public Records of Monroe County, Florida (hereinafter
"Subject Property") located at 30499 Hawk Lane, bay side of Big Pine Key, with Parcel ID
Number 00314240-000000.
B. The County has adopted Resolution xx-xxxx nominating the Subject Property for
purchase by the Land Authority, with subsequent conveyance to the County for density reduction
purposes.
C. The Land Authority has adopted Resolution xx-xxxx and has contracted to purchase
the Subject Property.
D. As a condition of the Land Authority purchasing the Subject Property, the County
has agreed that the Subject Property shall only be used consistent with Florida Statutes 380.0666
(3)(a) for density reduction.
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,the County and the 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(1),etseq.,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 the County.
1.02 Use of the Subject Property shall be restricted as to density and therefore all density
associated with the land is hereby extinguished and the Subject Property hereby and always
shall have no density. Consistent with Article VII,Division 2 of the Monroe County Code,
the Subject Property may be resold subject to this Land Use Restriction Agreement.
1.03 The 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
The Land Authority has purchased the Subject Property and is donating same to the
County. In consideration of said donation, the County and the Land Authority have entered into
this Agreement.
ARTICLE III
RELIANCE
In performing its duties hereunder, the Land Authority may rely upon statements by the
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 the 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 the County defaults in the performance of its obligations under this Agreement or
breaches any material covenant, agreement or warranty of the 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 the 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 the 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 the 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, the County and the 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
I I 1112th 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
BLOCK 11, LOT 12, TROPICAL BAY THIRD ADDITION (PB 5-51) ON BIG PINE KEY
WITH PARCEL ID#00314240-000000.
IN WITNESS WHEREOF, the County and the 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: Monroe County
Print:
By:
Mayor Holly Merrill Raschein
Print:
Address: 1100 Simonton Street
Key West, Florida 33040
Approved as to form and legality
Olgltlly ngned by k.berc B.Sh,flinger
ON:cn=Robert fl.<blllinger,o=Monroe County 60CC,
Robert B.Shillinger nn=MnnrneCnunry Atmney,emaik;hlllinger-
boNwmonroecounty-fl.gav,c-U
O[e:2024.e2.21 1538.20-05'fl0
Robert Shillinger, Esq.
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by means of physical presence this
day of , 20_by Holly Merrill Raschein 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
BLOCK 11, LOT 12, TROPICAL BAY THIRD ADDITION (PB 5-81) ON BIG PINE KEY
WITH PARCEL ID#00314240-000000.
IN WITNESS WHEREOF, the County and the 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: MONROE COUNTY COMPREHENSIVE PLAN
LAND AUTHORITY
Print:
By:
David P. Rice, Chairman
Print:
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(1), 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