Loading...
J. Land Authority LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date:Division: November 15, 2006 Land Authority Bulk Item:Staff Contact Person: Yes No X Mark Rosch __________________________________________________________________________________ Agenda Item Wording: Approval of minutes for the October 18, 2006 meeting. __________________________________________________________________________________ Item Background: N/A __________________________________________________________________________________ Advisory Committee Action: N/A __________________________________________________________________________________ Previous Governing Board Action: N/A __________________________________________________________________________________ Contract/Agreement Changes: N/A __________________________________________________________________________________ Staff Recommendation: Approval __________________________________________________________________________________ Total Cost:Budgeted: $ Yes No. Cost to Land Authority:Source of Funds: $ . Approved By: Attorney County Land Steward . Documentation: Included: X To Follow: Not Required: . Disposition: Agenda Item ____ MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY GOVERNING BOARD October 18, 2006 Meeting Minutes The Governing Board of the Monroe County Comprehensive Plan Land Authority held a regular meeting on Wednesday, October 18, 2006 at the Harvey Government Center located at 1200 Truman Avenue, Key West, Florida. Vice Chairman Sonny McCoy called the meeting to order at 10:10 AM. Present and answering roll call, in addition to Vice Chairman McCoy, were Commissioner Mario Di Gennaro, Commissioner George Neugent, Commissioner Glenn Patton, and Commissioner Dixie Spehar. Also in attendance were Executive Director Mark Rosch, Office Manager Kimberly Nystrom, Counsel Larry Erskine, and members of the press and public. The first item on the agenda was approval of minutes for the meetings held on September 6, September 13, and September 20, 2006. A motion was made by Commissioner Spehar and seconded by Commissioner Neugent to approve the minutes as submitted. There being no objections, the motion carried (5/0). The next two items were approval of contracts to purchase the Sea Grape Apartments site in Marathon (RE #103560-000200) as an affordable housing site and approval of a resolution authorizing the conveyance of the Sea Grape Apartments site (RE #103560-000200) to the Monroe County Board of County Commissioners for affordable housing. Mr. Rosch addressed the Board. A motion was made by Commissioner Spehar and seconded by Commissioner Neugent to table the items. There being no objections, the motion carried (5/0). The next item was approval of a contract to purchase 209, 211, 213, and 222 Petronia Street in Key West for affordable housing. Mr. Rosch addressed the Board and referenced the appraisal information distributed to the Board. A motion was made by Commissioner Spehar and seconded by Commissioner Di Gennaro to approve the item. There being no objections, the motion carried (5/0). The next item was approval of a resolution authorizing the conveyance of 209, 211, 213, and 222 Petronia Street in Key West to the Bahama Conch Community Land Trust, Inc. for affordable housing. Mr. Rosch addressed the Board. A motion was made by Commissioner Di Gennaro and seconded by Commissioner Neugent to approve the item. There being no objections, the motion carried (5/0). [Resolution 04-2006] The next item was Vice Chairman McCoy’s item: approval to appoint Robert Tischenkel to the Land Authority Advisory Committee. A motion was made by Commissioner Spehar and seconded by Commissioner Di Gennaro to approve the item. There being no objections, the motion carried (5/0). The next item was Commissioner Spehar’s item: approval to re-appoint John Dolan-Heitlinger to the Land Authority Advisory Committee. A motion was made by Commissioner Di Gennaro and seconded by Commissioner Spehar to approve the item. There being no objections, the motion carried (5/0). Mr. Rosch then reported on a letter from the Florida Department of Environmental Protection indicating lands purchased by the State with Florida Forever funds cannot count toward the mitigation requirements of the Big Pine Key Habitat Conservation Plan. Commissioner Neugent 1 requested and received authorization from the Board to meet with state and federal officials and report back to the Board regarding this matter. There being no further business, the meeting was adjourned at 10:15 AM. Minutes prepared by: __________________________ Mark J. Rosch Executive Director Approved by the Board on: __________________________ 2 LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date:Division: November 15, 2006 Land Authority Bulk Item:Staff Contact Person: Yes No X Mark Rosch __________________________________________________________________________________ Agenda Item Wording: Approval of a contract to purchase 936 Crane Boulevard on Sugarloaf Key as an affordable housing site. __________________________________________________________________________________ Item Background: The subject property is a one-acre parcel zoned Suburban Commercial and is currently developed with an apartment and approximately 1,400 square feet of downstairs commercial space. The property has the potential for 12 affordable units and was recommended by Habitat for Humanity. Following acquisition of the property, the Land Authority will convey title to the BOCC, which in turn may convey title or lease the property to Habitat for Humanity for development. The site was formerly occupied by a boat repair business and consequently involves some soil contamination issues. One of the due diligence products necessary for closing will be an environmental assessment report documenting that all necessary clean-up has been completed. Although the property is developed, it is also designated as Tier 1 in the County’s proposed Tier System, which would prohibit development with affordable housing. Prior to the Land Authority’s consideration of the property, the County staff filed an amendment to change the proposed tier designation to allow development with affordable housing. To date both the Tier System and this amendment are on hold pending resolution of a legal challenge. __________________________________________________________________________________ Advisory Committee Action: On October 25, 2006 the Committee voted 4/0 to approve the acquisition. __________________________________________________________________________________ Previous Governing Board Action: On September 20, 2006 the Board approved adding the site to the Acquisition List. __________________________________________________________________________________ Contract/Agreement Changes: N/A __________________________________________________________________________________ Staff Recommendation: Approval __________________________________________________________________________________ Total Cost:Budgeted: $695,135.50 Yes X No. Cost to Land Authority:Source of Funds: $695,135.50 Land Authority (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney X County Land Steward . Documentation: Included: X To Follow: Not Required: . Disposition: Agenda Item ____ PURCHASE CONTRACTS 11/15/06 PurchaseEnvr. Audit, SurveyTitleAttorneyRecordingTotal PropertyPriceor Clean-upInsuranceFeeFeeCosts 936 Crane Boulevard $680,000.00$11,000.00$3,600.00$500.00$35.50$695,135.50 North Sugarloaf Acres Block 1, Lot 3 (From the Earth and Sea, Inc.) AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this ______ day of __________________, 2006, is by and between From the Earth and Sea Inc. hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter, "Land Authority") acting by and through the Executive Director of the LAND AUTHORITY. WITNESSETH: 1. In consideration of Ten Dollars ($10.00) in hand, paid by the LAND AUTHORITY, the receipt of which is hereby acknowledged, the Seller(s) agree to sell to the LAND AUTHORITY certain lands $680,000.00 upon the terms and conditions hereinafter set forth, and for the price of for all of the lands and other interests, which lands shall include all tenements, hereditaments, together with 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 lying in the County of Monroe, State of Florida, more particularly described as follows; to-wit: Block 1, Lot 3, North Sugarloaf Acres, Section One (OR 407-695) Physical Address: 936 Crane Boulevard, Sugarloaf Key RE# 00117510-000200 2. The Seller(s) agree that they have full right, power and authority to convey, and that they will convey to the LAND AUTHORITY the fee simple title together with legal and practical access thereto clear, free and unencumbered, except subject to the following easements or reservations: Existing easements for canals, ditches, flumes, pipelines, railroads, public highways and roads, telephone, telegraph, power transmission lines and public utilities. The LAND AUTHORITY, at the LAND AUTHORITY’S expense, within the time allowed to deliver evidence of title and to examine same, may have the real property surveyed and certified by a registered Florida surveyor. If the survey discloses encroachments on the real property or that improvements located thereon encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants, or applicable governmental regulations, the same shall constitute a title defect. Seller(s) shall convey a marketable title subject only to the aforementioned liens, encumbrances, exceptions or qualification set forth herein. Marketable title shall be determined according to applicable title standards adopted by authority of the Florida Bar and in accordance with law. The LAND AUTHORITY shall have sixty (60) days from receipt of an acceptable environmental site assessment in which to examine title. If title is found defective, the LAND AUTHORITY shall, within this specified time period, notify Seller(s) in writing specifying defect(s). If the defect(s) render title unmarketable the Seller(s) will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which the LAND AUTHORITY shall have the option of either accepting the title as it then is or rescinding the contract herein; thereupon the LAND AUTHORITY and the Seller(s) shall release one another of all further obligations under this Agreement. The Seller(s) will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. 1 3. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or title to said lands may be diminished or encumbered. It is further agreed that any loss or damage occurring prior to the vesting of satisfactory title in the LAND AUTHORITY by reasons of the unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the Seller(s); and that, in the event any such loss or damage occurs, the LAND AUTHORITY may refuse, without liability, to accept conveyance of said lands, or it may elect to accept conveyance upon an equitable adjustment of the purchase price. 4. The Seller(s) further agree that during the period covered by this instrument officers and accredited agents of the LAND AUTHORITY shall have at all proper times the unrestricted right and privilege to enter upon said lands for all proper and lawful purposes, including examination of said lands and the resources upon them. The Seller(s) hereby waive their rights to any and all claims against the LAND AUTHORITY or Monroe County associated with, or arising from ownership of, said lands and this waiver shall survive closing. 5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the LAND AUTHORITY a good and sufficient deed of warranty conveying to the LAND AUTHORITY a safe title to the said lands of such character as to be satisfactory to the legal counsel of the LAND AUTHORITY and said deed shall provide that the use, occupation and operation of the rights-of- way, easements and reservations retained therein, shall be subordinate to and subject to such rules and regulations as may be prescribed by the LAND AUTHORITY governing the use, occupation, protection and administration of lands. 6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and $680,000.00 other interests at the price of . The LAND AUTHORITY further agrees that, after the preparation, execution, delivery and recordation of the deed, and after the legal counsel of the LAND AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will cause to be paid to the Seller(s) the purchase price by a check drawn on the account of the LAND AUTHORITY. The LAND AUTHORITY shall pay the following expenses associated with the conveyance of the property: deed recording fees, settlement fees, abstract fees, title examination fees, the Buyer's attorney's fees, and title insurance, as well as the prorata share of prepaid real property taxes allocable to the period subsequent to the vesting of title in the LAND AUTHORITY, or the effective date of possession of such real property by the same, whichever is earlier. The Seller(s) shall pay the expenses of documentary stamps to be affixed to the deed. Full possession of the premises shall pass to the LAND AUTHORITY as of the date payment is made to the Seller(s) subject only to the reservations stated in Section 2 above. 7. It is mutually agreed that an abstract, title insurance policy or other evidence of title to the property herein contracted to be sold, satisfactory to the legal counsel of the LAND AUTHORITY will be obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to furnish to the LAND AUTHORITY 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. 8. It is mutually understood and agreed that the LAND AUTHORITY may assign this contract. 9. It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at the date title vests of record in the LAND AUTHORITY, whether or not such taxes and assessments are then due and payable. 10. It is mutually understood and agreed that notice of acceptance of this agreement shall be given to the Seller(s) by mail addressed to the Seller(s) at the following address: 2 18930 Rosalind Road Sugarloaf Key, FL 33042 and shall be effective upon date of mailing and shall be binding upon all of the Seller(s) without sending a separate notice to each, except as such obligation may be affected by the provisions of paragraph 6 hereof. 11.The property shall be delivered at closing free of any tenant or occupancy whatsoever. 12.The effective date of this agreement shall be that date when the last one of the Seller(s) and the LAND AUTHORITY has signed this agreement. 13.The LAND AUTHORITY shall have sixty (60) days from the effective date of this agreement in which to conduct an environmental site assessment to determine the existence and extent, if any, of any hazardous materials on the property. For the purposes of this agreement, "hazardous materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is regulated by any environmental law. If the environmental site assessment identifies the presence of hazardous materials on the property, the LAND AUTHORITY shall, within this specified time period, notify Seller(s) in writing of the findings. The Seller(s) will then have one hundred twenty (120) days from receipt of notice within which to pursue, at Seller(s)' sole cost and expense, any assessment, clean-up, and monitoring of the Property necessary to bring the Property into full compliance with any and all applicable federal, state or local laws, failing which the LAND AUTHORITY shall have the option of either accepting the property as it then is or rescinding the contract herein; thereupon the LAND AUTHORITY and the Seller(s) shall release one another of all further obligations under this Agreement. October 30, 2006 14. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until to sign and return this contract to the LAND AUTHORITY. 15. The LAND AUTHORITY intends to purchase the subject property as an affordable housing site in partnership with the Monroe County Board of County Commissioners. Notwithstanding any provision of this Agreement to the contrary, the closing of this transaction is contingent upon: a) Approval by the Land Authority Advisory Committee and Governing Board. In the event this specific contingency is not satisfied by November 15, 2006, the Seller(s) shall have the right to terminate this Agreement by providing written notice, at which point both parties shall be released of all further obligations under this Agreement. b) The Monroe County Board of County Commissioners agreeing to accept title to the property from the LAND AUTHORITY with said title encumbered with affordable housing deed restrictions. c) The parties acknowledge the Seller(s) and Habitat for Humanity of Key West and the Lower Florida Keys, Inc. have a valid contract to purchase the subject property. Accordingly, this Agreement is contingent upon said parties terminating said contract and the associated deposit being returned to Habitat for Humanity of Key West and the Lower Florida Keys, Inc. It is understood that the Seller(s) are not holding the deposit but will release any claims against the deposit. [Remainder of this page is blank.] 3 In the event these contingencies are not satisfied by December 15, 2006, both the LAND AUTHORITY and the Seller(s) shall have the right to terminate this Agreement by providing written notice, at which point both parties shall be released of all further obligations under this Agreement. 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 of the Ten Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the LAND AUTHORITY or its authorized representative, or any other office or agent of the LAND AUTHORITY authorized to purchase said lands, the option and right to enter into this Agreement for Purchase within sixty (60) days from the execution thereof by the Seller(s), and to purchase said lands as herein provided. From the Earth and Sea Inc. Seller/ Thomas Weyant, President By: ________________________ ___________ __________________ ________________ Signature Date Federal Tax ID Number Phone Number Margaret Jolly, Vice President By: ________________________ ___________ __________________ ________________ Signature Date Federal Tax ID Number Phone Number The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its EXECUTIVE DIRECTOR in accordance with Resolution 09-2004, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this ______ day of ______________________, 2006. MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (Seal) ________________________________ Mark J. Rosch, Executive Director 4 LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date:Division: November 15, 2006 Land Authority Bulk Item:Staff Contact Person: Yes No X Mark Rosch __________________________________________________________________________________ Agenda Item Wording: Approval of a resolution authorizing the conveyance of 936 Crane Boulevard on Sugarloaf Key to the Monroe County Board of County Commissioners for affordable housing. __________________________________________________________________________________ Item Background: The proposed resolution imposes affordable housing deed restrictions and authorizes the Land Authority to convey the property to the BOCC. It is anticipated that the BOCC will then either lease or transfer title to Habitat for Humanity for development with affordable housing. __________________________________________________________________________________ Advisory Committee Action: On October 25, 2006 the Committee voted 4/0 to approve the proposed resolution. __________________________________________________________________________________ Previous Governing Board Action: On September 20, 2006 the Board approved adding the site to the Acquisition List. __________________________________________________________________________________ Contract/Agreement Changes: N/A __________________________________________________________________________________ Staff Recommendation: Approval __________________________________________________________________________________ Total Cost:Budgeted: $ 535.50 Yes X No. Cost to Land Authority:Source of Funds: $ 535.50 Land Authority (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney X County Land Steward . Documentation: Included: X To Follow: Not Required: . Disposition: Agenda Item ____ LAND AUTHORITY CONVEYANCE COSTS 11/15/06 PurchaseEnvr. Audit, SurveyTitleAttorneyRecordingTotal PropertyPriceor Clean-upInsuranceFeeFeeCosts 936 Crane Boulevard North Sugarloaf Acres $0.00$0.00$0.00$500.00$35.50$535.50 Block 1, Lot 3 (From the Earth and Sea, Inc.) RESOLUTION NO. ________ A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING THE CONVEYANCE OF REAL PROPERTY LOCATED AT 936 CRANE BOULEVARD ON SUGARLOAF KEY TO THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FOR AFFORDABLE HOUSING. ______________________________________________ WHEREAS, section 380.0666(3), Florida Statutes (FS) and section 9.3-2, Monroe County Code, empower the Monroe County Comprehensive Plan Land Authority (hereinafter “Land Authority”) to acquire and dispose of interests in real property for the purpose of providing affordable housing; and WHEREAS, the Land Authority has entered into a contract to purchase 936 Crane Boulevard on Sugarloaf Key as an affordable housing site; and WHEREAS, the Monroe County Board of County Commissioners desires to control and oversee the development of affordable housing sites; and WHEREAS, the Land Authority Advisory Committee considered this resolution at a meeting held on October 25, 2006 and voted 4/0 to recommend approval; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY: The Chairman of the Land Authority Governing Board is hereby authorized to sign a deed conveying title to the real property located at 936 Crane Boulevard on Sugarloaf Key, more particularly described as: Block 1, Lot 3, North Sugarloaf Acres, Section One (OR 407-695) RE #00117510-000200 to the Monroe County Board of County Commissioners. Said deed shall restrict future use of the property as specified in Exhibit A. PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this ______ day of _______________________ 2006. (Seal) ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY ________________________ ________________________ Mark J. Rosch Charles “Sonny” McCoy Executive Director Vice Chairman Approved for Legal Sufficiency ________________________ Larry R. Erskine EXHIBIT A AFFORDABILITY COVENANTS 1. Term. These affordability covenants are perpetual, run with the land in favor of the Monroe County Comprehensive Plan Land Authority, 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. Monitoring. Grantee is responsible for ensuring compliance with the affordability covenants contained herein and expressly agrees to furnish, upon Grantor’s request, written certification thereof.