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Home My WebLink AboutF. Land Authority LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: Julv 21. 2010 Division: Land Authoritv Bulk Item: Yes No X Staff Contact / Phone #: Mark Rosch /295-5180 Agenda Item Wording: Approval of the minutes for the meetings held on June 16, 2010 and June 29, 2010. 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: $ Indirect 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 June 16, 2010 Meeting Minutes The Governing Board of the Monroe County Comprehensive Plan Land Authority held a regular meeting on Wednesday, June 16, 2010 at the Marathon Government Center located at 2798 Overseas Highway, Marathon, Florida. Chairman Kim Wigington called the meeting to order at 9:50 AM. Present and answering roll call, in addition to Chairman Wigington, were Commissioner Heather Carruthers, Commissioner Mario Di Gennaro, Mayor Sylvia Murphy, and Commissioner George Neugent. 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 the minutes for the May 19, 2010 meeting. A motion was made by Commissioner Di Gennaro and seconded by Commissioner Carruthers to approve the minutes as submitted. There being no objections, the motion carried (5/0). The next item was approval to purchase the following property for conservation: a) Block 9, Lot 8, Harris Ocean Park Estates First Addition, Key Largo at a total cost of $25,787.25; b) Big Pine Key Acreage (RE #110600-000000, 110620-000000, 110630-000000, and 110680- 000000) at a total cost of $42,873.50; c) Block 2, Lot 22, Windward Beach Estates, Little Torch Key at a total cost of $4,121.05; and d) Parcels H and I, Cudjoe Acres, Cudjoe Key at a total cost of $16,895.25. Mr. Rosch addressed the Board. A motion was made by Mayor Murphy and seconded by Commissioner Neugent to approve the purchase of each of the above properties. There being no objections, the motion carried (5/0). The next item was approval of a resolution authorizing the modification of affordable housing deed restrictions for Bayside Landing. Mr. Rosch addressed the Board and recommended revising Paragraph 6 of the proposed resolution as indicated below: Initial Sales Price Limits. HFH's sales prices for new homes shall not exceed $150,000 for the two-bedroom models and $180,000 for the three-bedroom models. A motion was made by Mayor Murphy and seconded by Commissioner Di Gennaro to approve the resolution with the revision recommended by staff. Following Board discussion, roll call was as follows: Commissioner Carruthers, yes; Commissioner Di Gennaro, yes; Mayor Murphy, yes; Commissioner Neugent, yes; Chairman Wigington, yes. The motion carried (5/0). [Resolution 04-2010] Page 1 of 2 Following up on an item from the May 19, 2010 meeting, Mr. Rosch reported that staff has received written confirmation from the Key West Association of Realtors indicating the property at 817-820 Washington Street in Key West has not been listed for sale in the past five years. Based on this documentation, staff is proceeding with the acquisition project. There being no further business, the meeting was adjourned at 9:54 AM. Minutes prepared by: Mark J. Rosch Executive Director Approved by the Board on: Page 2 of 2 MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY GOVERNING BOARD June 29,2010 Meeting Minutes The Governing Board of the Monroe County Comprehensive Plan Land Authority held a special meeting on Tuesday, June 29, 2010 at the Marathon Government Center located at 2798 Overseas Highway, Marathon, Florida. Chairman Kim Wigington called the meeting to order at 11: 14 AM. Present and answering roll call, in addition to Chairman Wigington, were Commissioner Heather Carruthers and Mayor Sylvia Murphy. Commissioner Mario Di Gennaro and Commissioner George Neugent were absent. Also in attendance were Executive Director Mark Rosch, Office Manager Kimberly Nystrom, Counsel Larry Erskine, and members of the press and public. The only item on the meeting agenda was approval of a resolution authorizing the modification of affordable housing deed restrictions for 817-820 Washington Street in Key West. Mr. Rosch addressed the Board. A motion was made by Commissioner Carruthers and seconded by Mayor Murphy to approve the item. There being no objections, the motion carried (3/0). [Resolution 05-2010] There being no further business, the meeting was adjourned at 11: 16 AM. Minutes prepared by: Mark J. Rosch Executive Director Approved by the Board on: LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: Julv 21. 2010 Division: Land Authoritv Bulk Item: Yes No..L Contact / Phone #: Mark Rosch 1295-5180 Agenda Item Wording: Approval to purchase property for conservation - Block 3, Lots 4 and 8, Paradise Point, Key Largo. Item Background: These acquisitions are proposed to protect property rights and the natural environment. The subject properties consist of two 5,000 square foot lots on Coral Way near mile marker 105 on the bayside of Key Largo. The properties have a tier designation of Tier 3A - Special Protection Area, a zoning designation of Native Area, and vegetation consisting of tropical hardwood hammock. The owners have agreed to sell the properties for a price of $7,762.50 per lot. The estimated closing costs for these transactions are listed in the agenda packet spreadsheet. Advisory Committee Action: On May 28, 2010, the Committee voted 3/0 to approve these acquisitions. Previous Governing Board Action: None. Contract/Agreement Changes: NIA Staff Recommendation: Approval Total Cost: $ 17.012.00 Indirect Cost: $ Budgeted: Yes~ No_. Cost to Land Authority: $ 17.012.00 Source of Funds: Land Authoritv (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney ~ County Land Steward ..L. Documentation: Included: ~ To Follow: Not Required: Disposition: Agenda Item PURCHASE CONTRACT 07/21/10 Purchase Title Attorney Recording Total Property Price Survey Insurance Fee Fee Costs Paradise Point $7,762.50 N/A $225.00 $500.00 $18.50 $8,506.00 Block 3, Lot 4 Seller: Estate of David R. Spitznagel Christina Spitznagel McCollom, PR Paradise Point $7,762.50 N/A $225.00 $500.00 $18.50 $8,506.00 Block 3, Lot 8 Seller: Linda Cairns Total $17,012.00 Aerial Photograph of Subject Property Block 3, Lots 4 and 8, Paradise Point Key Largo I"~ ~ .~ ~ wm 1 -- -'- .~:_~. . f~ ~-, :. ...., .,.... . . -;. ~ f.J{ ":. ~ .' - - -~.~ . .. .... ~ I~'. . : l.~ il .~ ~ ~ ~~. ~.A -;~ .. .~~ IE,,--:;r ... ... ~~ : ..ei. . -':~~ ~*..,. ~ '__'~'T>>-_f' :ill '1 ..o::::I;IE,..r;( _L - :. .. J. ~ ~. . ..~~ .: ... " ... -..,-. ~ ~ ~ . . ~~. ~ .'" . . ~ . i"'l : . . . . """1:' }" i:-~ " ~ il. .. "*'I w~" ~ ~ .~ ~, ~';;',-~. '~I. ~ ~",\-, ~-,'",,"- ','J', ~""'li.~ ~ '-..:r.. - ~I i ~' ,"" ;..r .:~ '. .....' 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IT'- ~ ... . - ~ -- -=-:JC .-;I ~ AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this and between day of , 2010, is by Christina Spitznagel McCollom as Personal Representative of the Estate of David R. Spitznagel 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 upon the terms and conditions hereinafter set forth, and for the price of $7,762.50 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 3, Lot 4, Paradise Point (PB 3-16) RE# 00513530-000000 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 the effective date of this Agreement 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 other interests at the price of $7,762.50. 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 and the removal of trash, debris, and structures from the property, if any, and real estate commissions, if any. 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. 2 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: 739 Country Manor Lane St. Louis, MO 63141 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. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until June 25, 2010 to sign and return this contract to the LAND AUTHORITY. Notwithstanding any provision of this Agreement to the contrary, the closing of this transaction is contingent upon approval by the Advisory Committee and Governing Board of the LAND AUTHORITY, failing which the LAND AUTHORITY and the Seller(s) shall release one another 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. Seller/ Christina Spitznagel McCollom as Personal Representative of the Estate of David R. Spitznagel Signature Date Social Security Number Phone Number The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its EXECUTIVE 01 RECTOR in accordance with Resolution 09-2004, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of ,2010. MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (Seal) Mark J. Rosch, Executive Director 3 AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this and between day of , 2010, is by Jim Cairns and Linda Cairns 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 upon the terms and conditions hereinafter set forth, and for the price of $7,762.50 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 3, Lot 8, Paradise Point (PB 3-16) RE# 00513570-000000 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 the effective date of this Agreement 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 other interests at the price of $7,762.50. 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 and the removal of trash, debris, and structures from the property, if any, and real estate commissions, if any. 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. 2 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: 8824 Larwin Lane Orlando, FL 32817 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. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until June 25, 2010 to sign and return this contract to the LAND AUTHORITY. Notwithstanding any provision of this Agreement to the contrary, the closing of this transaction is contingent upon approval by the Advisory Committee and Governing Board of the LAND AUTHORITY, failing which the LAND AUTHORITY and the Seller(s) shall release one another 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. Seller/ Jim Cairns Signature Date Social Security Number Phone Number Seller/ Linda Cairns Signature Date Social Security Number Phone Number The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its EXECUTIVE 01 RECTOR in accordance with Resolution 09-2004, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of ,2010. MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (Seal) Mark J. Rosch, Executive Director 3 LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: Julv 21. 2010 Division: Land Authoritv Bulk Item: Yes No..L Contact / Phone #: Mark Rosch 1295-5180 Agenda Item Wording: Approval to purchase property for conservation - Block 5, Lots 1 and 2, Bowens Addition to Riviera Village, Key Largo. Item Background: This acquisition is proposed to protect property rights and the natural environment. The subject property consists of two lots totaling 7,925 square feet at the corner of Dolphin Road and US 1 near mile marker 105 on the bayside of Key Largo. The property has a tier designation of Tier 3A - Special Protection Area, a zoning designation of Improved Subdivision, and vegetation consisting of tropical hardwood hammock. The owners have agreed to sell the property for a price of $32,000. The estimated closing costs for this transaction are listed in the agenda packet spreadsheet. Advisory Committee Action: On June 28,2010, the Committee voted 3/0 to approve this acquisition. Previous Governing Board Action: The Board has approved the purchase of other conservation properties in this subdivision. Contract/Agreement Changes: NIA Staff Recommendation: Approval Total Cost: $ 32.827.50 Indirect Cost: $ Budgeted: Yes...x..- No_. Cost to Land Authority: $ 32.827.50 Source of Funds: Land Authoritv (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney ~ County Land Steward ..L. Documentation: Included:...x..- To Follow: Not Required: Disposition: Agenda Item Property Purchase Price Bowens Addition to $32,000.00 Riviera Village Block 5, Lots 1 and 2 Seller: Edmond J. and Mary Ann Mastej PURCHASE CONTRACT 07/21/10 Survey Title Insurance N/A $309.00 Attorney Fee $500.00 Recording Fee $18.50 Total Costs $32,827.50 Aerial Photograph of Subject Property Block 5, Lots 1 and 2, Bowens Addition to Riviera Village Key Largo ~"'- . 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"~I! ~ .... . .~ - ,. \ ""kiI:. ~ . . ~~..., .' {.. . . '/ /" . ~.~ ~'.' ...,': ~~~.,.i':~~~~: .-.~'''i'.>~''':.:;!'' ,III'.~ ~,:~~--~, ~ ~.. il~'~""" :'" ~ l' -/'f;:'\r 1o"f1:._):I ~ _ ~;"T.:. ""--, '';;; ,\ ~ :r:1. Gill" '~;,,~ . _;III~~--i:..-n - . L;:"\~. of ! ~. F...'..... ~ !iI.,:Rl \tl.",~ ~ -.I'J! ~:..~ .':_.... '~',' .. tofu. ilr'J .:.. .~~. '\ l'~ 0( , c."l ~~ · ~~:;;;:;; ~01 . ,~ !3. . -,:~ (" j, ' 'i:'. .. '1;i!~ ZIt, ,~ ~ 'J!"'."'!(:!;; '~ :iIt;i:. . . l"'I '. . . ;-- . '9i .-.:.....-;' ~ ~ \I ~. . I'r: ....~. ;;,::", ~ . ~_~ . r-"'~~ ~I~~;';~~ ~'.~ .~, :':~.".' '.. .. 1",,~~~ .. .i.'. . ~ . : .~.........i.' :#--+ ' . Ia"!: . ~ ~ _..~.:: .....~ -::'!'~. _' ~~. !' ~. L..: 'r-~" ~ ~ ~1 . .!:Z.'tt.-.......~ II ~ iI" . - .. ll. :-.A. . ;!l I'!o-~ ... . . '~. ,,':.rt,:i.J , - .-:lM. :i -.<. \ :-~'ril:r!. . .. ~'."" ':a !{~ ~ 'II!, I II'; ~--.' ....t.:.~. .. . .:1 ".iIl~;'" . ... ~~ ., ~...~, ~. ~'iiI~~'.. ~ . " !' e II! .;.'tf!:. . . ~ . '+i !- .~":~.o: ~ ..... . "- ~ :.0.-61' \ ~. ,.:' . : . :'.:t'- - \ 7' - ,..:.. -... ~~- ~~', ~ ~I~ ~~~.~. ~~.:. l . ~~il-I ~':.\ ""l_ f..~.":.. . ~~ A~ -~ ~ n ~~.: ~. \.. ~ ~ .......: ,~.\..'... ~ ~ ~ rt-~ . ~ - ,.~.~, ~.. ~. 1'l..~.:~,_ ~.):o,N~:;-~~"'.~-~": ."..... /. ,1 ~:'~. .)..,'/..: '-.N. . .. 11;:. "'\' / \ . f' . ~ . . ..,~~. , - . " }t!:lr....[; ~ ~L. Ci&' .-:- 'I. ~ .. !or.. ........~.~,.- - ~ ~~ 'I!l- ~ . ~.: 0..:.. Jo.:.>. :;.. rJji~,. i;/ ~ ~ . ~}W. .. .. . . .,. ". ,. ~.'y;t ~:/-l .- . .:. ... ~~ ~ ...f.~ /iJ:f. : ~ '.J ~ - ~. ..' .. ..).., ~ ,0::" :.:t ./.. '.. ~.:;.-.:::; . ~~r}~;~'," ''\'' ,/~ . ~,"~" .;i;. .4 ..... ~~...-~;.o: ~':.-. {/;'~ ;A'..1' - / . ,. ~ ~. ~ '.. --:~; ~.~'\. .f} :- / ...~ ..1' - (- ~-'?--.I:. :., ...JIIIS!I!l =1. . ~1 - , fl AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this and between day of , 2010, is by Edmond J. Mastej, Jr. and Mary Ann Mastej 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 upon the terms and conditions hereinafter set forth, and for the price of $32,000.00 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 5, Lots 1 and 2, Bowens Addition to Riviera Village (PB 2-107) RE# 511800-000000 and 511810-000000 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 the effective date of this Agreement 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 other interests at the price of $32,000.00. 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 and the removal of trash, debris, and structures from the property, if any, and real estate commissions, if any. 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 4000 5th Terrace Vero Beach, FL 32966 with a copy to: Lisa Frins Realty World - Freewheeler Inc. I isafrins@florida-keys-homes.com 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. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until June 10, 2010 to sign and return this contract to the LAND AUTHORITY. Notwithstanding any provision of this Agreement to the contrary, the closing of this transaction is contingent upon approval by the Advisory Committee and Governing Board of the LAND AUTHORITY, failing which the LAND AUTHORITY and the Seller(s) shall release one another 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. Seller/ Edmond J. Mastej, Jr. Signature Date Social Security Number Phone Number Seller/ Mary Ann Mastej Signature Date Social Security Number Phone Number The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its EXECUTIVE 01 RECTOR in accordance with Resolution 09-2004, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of ,2010. MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (Seal) Mark J. Rosch, Executive Director 3 LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: Julv 21. 2010 Division: Land Authoritv Bulk Item: Yes No..L Contact / Phone #: Mark Rosch 1295-5180 Agenda Item Wording: Approval to purchase property for conservation - Big Pine Key Acreage (RE #00110841-000000). Item Background: This acquisition is proposed to protect property rights and the natural environment and to provide mitigation land in support of the Big Pine Key Habitat Conservation Plan. The subject property consists of a 0.48 acre parcel fronting US 1 near Industrial Road and mile marker 31 on the oceanside of Big Pine Key. The property has a tier designation of Tier 1 - Natural Area, a zoning designation of Suburban Commercial, and vegetation consisting of tropical hardwood hammock. The property is part of a former homestead site and includes the remains of a cistern. The owner has agreed to sell the property for a price of $43,200. The estimated closing costs for this transaction are listed in the agenda packet spreadsheet. Advisory Committee Action: On June 28,2010, the Committee voted 3/0 to approve this acquisition. Previous Governing Board Action: The Board has approved the purchase of other conservation properties in this area of Big Pine Key. Contract/Agreement Changes: NIA Staff Recommendation: Approval Total Cost: $ 45.846.50 Indirect Cost: $ Budgeted: Yes...x..- No_. Cost to Land Authority: $ 45.846.50 Source of Funds: Land Authoritv (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney ~ County Land Steward ..L. Documentation: Included:...x..- To Follow: Not Required: Disposition: Agenda Item Property Big Pine Key Acreage RE#00110841-000000 Seller: Julius A. Collins, Trustee Purchase Price $43,200.00 PURCHASE CONTRACT 07/21/10 ESA $1,750.00 Title Insurance $378.00 Attorney Fee $500.00 Recording Fee $18.50 Total Costs $45,846.50 Aerial Photograph of Subject Property RE #00110841-000000 Big Pine Key AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this and between day of , 2010, is by Julius A. Collins, as Trustee under the Julius A. Collins Declaration of Trust dated February 22, 2006 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 upon the terms and conditions hereinafter set forth, and for the price of $43,200.00 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: An acreage parcel on Big Pine Key more particularly described in Exhibit A RE# 0011 0841-000000 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 the effective date of this Agreement 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 other interests at the price of $43,200.00. 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 and the removal of trash, debris, and structures from the property, if any, and real estate commissions, if any. 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. 2 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: 6745 SW 146th Street Miami, FL 33158 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. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until June 30, 2010 to sign and return this contract to the LAND AUTHORITY. Notwithstanding any provision of this Agreement to the contrary, the closing of this transaction is contingent upon approval by the Advisory Committee and Governing Board of the LAND AUTHORITY, failing which the LAND AUTHORITY and the Seller(s) shall release one another 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. Seller/ Julius A. Collins, as Trustee under the Julius A. Collins Declaration of Trust dated February 22, 2006 Signature Date Social Security Number Phone Number The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its EXECUTIVE 01 RECTOR in accordance with Resolution 09-2004, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of ,2010. MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (Seal) Mark J. Rosch, Executive Director 3 EXHIBIT A Legal Description RE# 00110841-000000 (from OR 2193-1062) A tract of land in a part of Government Lot 1, Section 25, Township 66 South, Range 29 East on Big Pine Key, Monroe County, Florida and being more particularly described as follows: COMMENCING at the Southwest corner of Lot 1, bear East along the South line of Government Lot 1, 200 feet to the point of beginning of the tract of land hereinafter described; from said point of beginning, continue bearing East along the South line of Government Lot 1, 100 feet; thence bear North 207.18 feet to the South right of way line of U.S. Highway No.1; thence bear North 89 degrees and 52 minutes West along the South right of way line of U.S. Highway No.1, 100 feet; thence bear South 207.18 feet more or less back to the Point of Beginning. ALSO DESCRI BED AS FOLLOWS: A tract of land in Monroe County, Florida, Big Pine Key, a part of Govt. Lot 1, Sec 25, Twp 66S, Rge 29E and more particularly described as follows: COMMENCING at the intersection of the West line of Sec 25 and the South right-of-way line of U.S. Hwy No.1, bear South 89052' East along the South right-of-way line U.S. Hwy No.1 for a distance of 200 feet to the Point of Beginning of the tract of land hereinafter described: from said POB continue bearing South 89052' East for a distance of 100 feet to a point; thence bear South a distance of 207.41 feet to a point; thence bear West along the South line of Govt Lot 1 a distance of 100 feet to a point; thence bear North for a distance of 207.64 feet, back to the Point of Beginning. LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: Julv 21. 2010 Division: Land Authoritv Bulk Item: Yes No..L Contact / Phone #: Mark Rosch 1295-5180 Agenda Item Wording: Approval to purchase property for conservation - Block 4, Lot 7, Cutthroat Harbor Estates, Cudjoe Key. Item Background: This acquisition is proposed to protect property rights and the natural environment. The subject property consists of a 6,000 square foot lot on Treasure Chest Road near mile marker 23 on the bayside of Cudjoe Key. The property has a tier designation of Tier 1 - Natural Area, a zoning designation of Improved Subdivision, and freshwater wetland vegetation. The owner has agreed to sell the property for a price of $3,174. The estimated closing costs for this transaction are listed in the agenda packet spreadsheet. Advisory Committee Action: On June 28,2010 the Committee voted 3/0 to approve this acquisition. Previous Governing Board Action: The Board has approved the purchase of many conservation properties in this subdivision. Contract/Agreement Changes: NIA Staff Recommendation: Approval Total Cost: $ 3.917.50 Indirect Cost: $ Budgeted: Yes...x..- No_. Cost to Land Authority: $ 3.917.50 Source of Funds: Land Authoritv (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney ~ County Land Steward ..L. Documentation: Included:...x..- To Follow: Not Required: Disposition: Agenda Item Property Cutthroat Harbor Estates Block 4, Lot 7 Seller: James E. Barrett Purchase Price $3,174.00 PURCHASE CONTRACT 07/21/10 Survey Title Insurance N/A $225.00 Attorney Fee $500.00 Recording Fee $18.50 Total Costs $3,917.50 Aerial Photograph of Subject Property Block 4, Lot 7, Cutthroat Harbor Estates Cudjoe Key AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this and between day of , 2010, is by James E. Barrett 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 upon the terms and conditions hereinafter set forth, and for the price of $3,174.00 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 4, Lot 7, Cutthroat Harbor Estates (PB 4-165) RE# 00177030-000000 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 the effective date of this Agreement 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 other interests at the price of $3,174.00. 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 and the removal of trash, debris, and structures from the property, if any, and real estate commissions, if any. 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. 2 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: 1419 Sulphur Springs Road Murfreesboro, TN 37129 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. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until June 16, 2010 to sign and return this contract to the LAND AUTHORITY. Notwithstanding any provision of this Agreement to the contrary, the closing of this transaction is contingent upon approval by the Advisory Committee and Governing Board of the LAND AUTHORITY, failing which the LAND AUTHORITY and the Seller(s) shall release one another 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. Seller/ James E. Barrett Signature Date Social Security Number Phone Number The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its EXECUTIVE 01 RECTOR in accordance with Resolution 09-2004, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of ,2010. MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (Seal) Mark J. Rosch, Executive Director 3 LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: Julv 21. 2010 Division: Land Authoritv Bulk Item: Yes No..L Contact / Phone #: Mark Rosch 1295-5180 Agenda Item Wording: Approval of a resolution authorizing the issuance of two mortgage loans to The Housing Authority of the City of Key West to finance the purchase of 712-716 Eisenhower Drive and 703-705 Pearl Street in Key West as an affordable housing site. Item Background: The Key West City Commission has nominated the subject property via Resolution 10-066. The property is 0.34 acre in size and is developed with 11 legal non-conforming residential units built in the 1930's and 1940's. Seven of the units are a one-bedroom, one-bathroom design and four of the units are efficiencies. The Housing Authority of the City of Key West (KWHA) has entered into a contract to purchase the site for $1,400,000. Habitat for Humanity of Key West and Lower Florida Keys, Inc. (Habitat) plans to lease the property from KWHA, perform renovations, and manage the property as affordable rental housing. Under the proposed resolution the Land Authority will finance $975,000 or 70% of KWHA's purchase price by issuing two mortgage loans to KWHA. One loan will be a zero interest $425,000 balloon due in 30 years, while the other loan will be a zero interest $550,000 soft balloon that will be forgiven in 30 years provided the property continues to be affordable housing and is not sold. Habitat will finance the $425,000 (30%) balance of the purchase price plus $257,000 for renovations by obtaining a mortgage loan from a bank on the leasehold estate. The deed into KWHA will restrict use of the property to affordable rental housing for families whose income does not exceed 160% of area median income in accordance with the Land Authority's statute. The bank loan will be superior to the Land Authority loans but it will not be superior to the affordable housing deed restrictions. Advisory Committee Action: On 5/28/10 the Committee voted 3/0 to approve the resolution, subject to staff review and approval of the lease agreement between KWHA and Habitat. Previous Governing Board Action: On 7/15/09 the Board added the property to the Acquisition List. On 12/16/09 the Board postponed action until the transaction is restructured as a conveyance to government partner. On 1/20/10 the Board directed staff to proceed with restructuring the transaction with all due caution and directed the County Attorney to prepare an ordinance addressing the real estate commission issue in the future. Contract/Agreement Changes: NIA Staff Recommendation: Approval Total Cost: $ 975.000 Indirect Cost: $ Budgeted : Yes No ..L. Cost to Land Authority: $ 975.000 Source of Funds: Land Authoritv (Tourist Impact Tax collected in Key West) Approved By: Attorney ~ County Land Steward _' Documentation: lncluded:....x..- To Follow: Not Required: Disposition: Agenda Item Documentation Included: Pages 3-16 Pages 17-20 Pages 21-23 Page 24 Pages 25-35 Pages 36-37 Pages 38-53 Pages 54-60 Proposed Land Authority Resolution with Exhibits A, B, and C Key West City Commission Resolution 10-066 Nominating the Property Habitat for Humanity's Budget for Renovations Aerial Photograph of Subject Property Ground Photographs of Subject Property Key West City Planning Department Build-Back Letter Key West City Planning Department Lot Split Approval Key West City Commission Resolution 10-136 (Approving Easement) RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING THE ISSUANCE OF TWO MORTGAGE LOANS TO THE HOUSING AUTHORITY OF THE CITY OF KEY WEST TO FINANCE THE PURCHASE OF 712-716 EISENHOWER DRIVE AND 703-705 PEARL STREET IN KEY WEST AS AN AFFORDABLE HOUSI NG SITE. WHEREAS, section 380.0666(3), Florida Statutes, and section 2-398(6), Monroe County Code, empower the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority") to acquire an interest in real property for the purpose of providing affordable housing to families whose income does not exceed 160 percent of median family income of the area; and WHEREAS, Key West City Commission Resolution 10-066 nominates an 11-unit apartment complex located at 712-716 Eisenhower Drive in Key West (hereinafter "subject property") as a proposed affordable housing acquisition in partnership with The Housing Authority of the City of Key West (hereinafter "KWHA") and Habitat for Humanity of Key West and Lower Florida Keys, Inc. (hereinafter "Habitat"); and WHEREAS, included with the subject property are units having the street address of 703-705 Pearl Street in Key West; and WHEREAS, on April 6, 2010, the Key West City Commission approved granting an easement to address the encroachment of existing structures into the undeveloped right-of-way of Eisenhower Drive; and WHEREAS, the deed overlap between the subject property and the adjoining Moose Lodge property has been resolved following the granting of quit claim deeds between the parties and the Lot Split Approval issued by the Key West Planning Department on April 27, 2010; and WHEREAS, the Land Authority desires to subsidize KWHA's acquisition of the subject property in a manner that leverages Land Authority funds; and WHEREAS, the Land Authority Advisory Committee considered this resolution at a meeting held May 28, 2010, and voted 3/0 to recommend approval subject to Land Authority staff review and approval of the lease agreement between KWHA and Habitat; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY: Section 1. The Land Authority is authorized to issue two mortgage loans totaling $975,000 to finance KWHA's purchase of the subject property provided all of the following requirements are met. a) KWHA's purchase price for the subject property shall not exceed $1,400,000. b) Habitat's institutional first mortgage encumbering the leasehold interest of the subject property shall not exceed $682,000. c) Of the $975,000 disbursed by the Land Authority, $425,000 shall be secured by a 30-year, zero interest balloon second mortgage executed by KWHA in favor of the Land Authority as Page 1 of 2 shown in Exhibit A. Said mortgage shall be subordinate to the above referenced institutional first mortgage. d) The $550,000 balance of the funds disbursed by the Land Authority shall be secured by a 30-year, soft third mortgage executed by KWHA in favor of the Land Authority as shown in Exhibit B. Said mortgage shall be subordinate to the above referenced institutional first mortgage. e) The deed into KWHA shall include deed restrictions in favor of the Land Authority as shown in Exhibit C. Said deed restrictions shall be superior to all mortgages and shall not be subordinated. PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this day of 2010. (Seal) ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Mark J. Rosch Executive Director Kim Wigington Chairman Approved for Legal Sufficiency Larry R. Erskine Page 2 of 2 EXHIBIT A TO RESOLUTION: Note and Mortgage PROMISSORY NOTE Key West, Florida Date: AMOUNT: $425,000,00 FOR VALUE RECEIVED the undersigned promises to pay to the order of MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, 1200 Truman Avenue, Suite 207, Key West, Florida, 33040, the principal sum of FOUR HUNDRED TWENTY-FIVE THOUSAND and 00/100 DOLLARS ($425,000,00), without interest. The payment of the entire principal balance of FOUR HUNDRED TWENTY-FIVE THOUSAND and 00/100 DOLLARS ($425,000,00) is due and payable Thirty (30) years from the date hereof. The right is reserved to the maker of this note to prepay all or any part of the principal indebtedness represented hereby, The makers and endorsers of this note further agree to waive demand, notice of non-payment and protest, and in the event suit shall be brought for the collection hereof, or the same has to be collected upon demand of an attorney, to pay reasonable attorney's fees for making such collection, and/or attorney's fees and costs incurred by payee, or holders hereof in prosecuting or defending litigation to effect collection, including costs and attorney's fees in appellate courts, This note is secured by a mortgage of even date herewith and is to be construed and enforced according to the laws of the State of Florida; upon default in the payment of principal and/or interest when due, the whole sum of principal and interest remaining unpaid shall at the option of the holders, become immediately due and payable, Failure to exercise this option shall not constitute a waiver of the right to exercise the same in the event of subsequent default. This is a nonrecourse loan and the payee shall look solely to the property securing same for payment. The Housing Authority of the City of Key West, Florida By: Title: This Instrument Prepared By and return after recording to: Larry R, Erskine 1200 Truman Avenue, Suite 207 Key West, FL 33040 THIS MORTGAGE DEED Executed the_day of , 2010 A.D., by The Housing Authority of the City of Key West, Florida, hereinafter called the mortgagor(s), to MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority under Section 380.0663(1), Florida Statutes, and Monroe County Ordinance No. 031-1986, whose address is 1200 Truman Avenue, Suite 207, Key West, FL, 33040. hereinafter called the mortgagee(s): (Wherever used herein the terms "mortgagor" and "mortgagee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporation; and the term "note" includes all the notes herein described ifmore than one), WITNESSETH, that for good and valuable consideration, and also in consideration of the aggregate sum named in the promissory note of even date herewith, hereinafter described, the Mortgagor(s) does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the Mortgagee(s), in fee simple, all the certain tract ofland of which the Mortgagor is now seized and possessed, and in actual possession, situate in MONROE County, Florida, viz: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. THIS IS A SECOND MORTGAGE. TO HA VE AND TO HOLD the same, together with the tenements, hereditaments and appurtenances thereto belonging, and the rents, issues and profits thereof, unto the mortgagee in fee simple, AND the mortgagor covenants with the mortgagee that the mortgagor indefeasibly seized of said land in fee simple; that the mortgagor has full power and lawful authority to convey said land in fee simple as aforesaid; that the mortgagor will make such further assurances to perfect the fee simple title to said land in the mortgagee as may reasonably be required; that the mortgagor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free and clear of all encumbrances, PROVIDED AL WAYS that if said mortgagor shall pay unto said mortgagee the certain promissory note hereinafter substantially copied or identified to wit: SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. and shall perform, comply with and abide by each and every the agreements, stipulations, conditions and covenants thereof, and of this mortgage, then this mortgage and the estate hereby created, shall cease, determine and be null and void, AND the mortgagor hereby further covenants and agrees: 1. To pay promptly, all and singular, when due the principal and interest and other sums of money provided for in said note and this mortgage, or either. 2, To pay all and singular the taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said property each and every, and if the same be not promptly paid the said mortgagee may at any time pay the same without waiving or affecting the option to foreclose or any right hereunder, and every payment so made shall bear interest from the date thereof at the rate ofthe highest rate allowable by law, 3, To pay all and singular the costs, charges, and expenses, including lawyer's fees, reasonably incurred or paid at any time by said mortgagee because of the failure on the part of the said mortgagor to perform, comply with and abide by each and every the stipulations, agreements, conditions and covenants of said note and this mortgage, or either, and every such payment shall bear interest from date at the highest rate allowable by law, 4, To keep the buildings now or hereafter on said land fully insured in a sum of not less than the highest insurable value to include Fire, Wind and Flood, in a company or companies acceptable to the mortgagee, and the policy or policies to be held by, and payable to, said mortgagee, and in the event any sum of money becomes payable by virtue of such insurance the mortgagee shall have the option to receive and apply the same on account of the indebtedness hereby secured or to permit the mortgagor to receive and use it, or any part thereof, for other purposes, without thereby waiving or impairing any equity lien or right under or by virtue of this mortgage, and may place and pay for such insurance or any part thereof, without waiving or affecting the option to foreclose or any right hereunder, and each and every such payment shall bear interest from date at the highest rate allowable by law, 5 , To permit, commit or suffer no waste, impairment or deterioration of said land or the improvements thereon at any time, 6, To perform, comply with and abide by each and every the stipulations, agreements, conditions and covenants in said promissory note and in this mortgage as set forth, 7, If any sums of money herein referred to be not promptly paid within THIRTY (30) days next after the same severally becomes due and payable, or if each and every the agreements, stipulations, conditions and covenants of said note and this mortgage, or either, are not duly performed, complied with and abided by, the said aggregate sum mentioned in said promissory note then remaining unpaid shall become due and payable forthwith or thereafter at the option ofthe mortgagee as fully and completely as if the said aggregate sum of the then remaining balance was originally stipulated to be paid on such day, anything in said note or herein to the contrary notwithstanding, 8, The mortgagee may, at any time while a suit is pending to foreclose or to reform this mortgage or to enforce any claims arising hereunder, apply to the court having jurisdiction thereof for the appointment of a receiver, and such court shall forthwith appoint a receiver of the premises and all other property covered hereby, including all and singular the income, profits, rents, issues and revenues from whatever source derived, and such receiver shall have all the broad and effective functions and powers in anywise entrusted by a court to a receive and such appointment shall be made by such court as an admitted equity and a matter of absolute right to said mortgagee, and without reference to adequacy or inadequacy of the value of the property mortgaged or to the solvency or insolvency of said mortgagor or the defendants, and such income, profits, rents, issues and revenues shall be applied by such receiver according to the lien of this mortgage and the practice of such court, 9, Mortgagee, at their expense, shall provide mortgagor with a Satisfaction of Mortgage, in recordable form upon receipt of full payoff of this mortgage and note, la, If all or any part of the subj ect property or any interest in it is sold or transferred, then this mortgage and the note which it secures shall be immediately due and payable at the option of the mortgagee, 11, Neither the Mortgagor nor any of its partners shall have any personal liability for the payment of any portion of the indebtedness evidenced by his Mortgage, In the event of default by the Mortgagor under this mortgage the sole remedy of the Mortgagee shall be limited to exercising its rights under the mortgage to foreclose upon the property secured hereby but shall not include a right to proceed directly against the Mortgagor or any of its partners, IN WITNESS WHEREOF, the said mortgagor has hereunto signed and sealed these presents the day and year first above written, Signed, sealed and delivered in our presence: (TWO WITNESSES REQUIRED) Witness Sign & Print Name THE HOUSING AUTHORITY OF THE CITY OF KEY WEST, FLORIDA By: Witness Sign & Print Name Title: STATE OF FLORIDA ) COUNTY OF MONROE ) The foregoing instrument was acknowledged before me this day of ,2010, by , to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed same, He is personally known to me or has produced as identification, Notary Public (Seal) Printed, typed or stamped Notary Name My Commission Expires: EXHIBIT B TO RESOLUTION: Note and Soft Mortgage This instrument was prepared by: Larry R. Erskine 1200 Truman Avenue, Suite 207 Key West, FL 33040 Exhibit A PROMISSORY NOTE Date: Property Address: THE HOUSING AUTHORITY OF THE CITY OF KEY WEST, FLORIDA 712-716 Eisenhower Drive and 703-705 Pearl Street, Key West, FL 33040 Name: 1. BORROWER'S PROMISE TO PAY THE HOUSING AUTHORITY OF THE CITY OF KEY WEST, FLORIDA (the Borrower) promises to pay FIVE HUNDRED FIFTY THOUSAND DOLLARS ($550,000.00) (this amount will be called "principal") to the order of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority under section 380.0663(1), Florida Statutes, and Monroe County Ordinance Number 031-1986, whose address is 1200 Truman Avenue, Suite 207, Key West, Florida 33040 (the "Lender,") or to any other holder of this Note, Borrower understands that the Lender may transfer this Note, The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder." 2. INTEREST Interest on this Note shall be zero percent (0%) per annum; except that if Borrower fails to payor otherwise satisfy this Note as required, the interest rate shall be twelve percent (12%) per annum from the date when payment ofthis Note is due until Borrower pays it in full, 3. PAYMENTS The loan will be a deferred payment loan for a period of thirty (30) years with a zero % interest rate, The entire loan balance will be forgiven thirty (30) years from the date hereof and the limitations and conditions contained in the mortgage executed simultaneously with this note shall be released thirty (30) years from the date hereof; provided however, the loan will be due and payable in full upon the sale or transfer of the property or failure to comply with the terms of the mortgage executed simultaneously with this note or failure to comply with the affordable housing deed restrictions on Borrower's deed, 4. BORROWER'S PAYMENT BEFORE THEY ARE DUE Borrower has the right to make payment in full on this Note at any time before it is due, Such payment is known as a "full payment." No partial prepayments can be made at any time on the principal of the loan, When Borrower makes full prepayment, Borrower will advise the Note Holder in a letter that it is doing so, 5. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Default If Borrower does not pay the full amount as required in Section 3 above, Borrower will be in default. If borrower is in default, the Note Holder may bring about any actions not prohibited by applicable law and require Borrower to pay Holder's cost and expenses as described in Section 5(B) below, (B) Payment of Note Holder's Costs and Expenses If the Note Holder takes such actions as described in Section 5(A) above, the Note Holder will have the right to be paid back for all of its cost and expenses, including but not limited to reasonable attorney's fees, 6. THIS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note Holder under this Note, a Mortgage, dated ,2010 protects the Note Holder from possible losses that might result if Borrower does not keep the promises that Borrower makes in this Note, That Mortgage describes how and under what conditions Borrower may be required to make immediate payment in full of all amounts that Borrower owes under this Note, 7. BORROWER'S WAIVER Borrower waives its rights to require the Note Holder to do certain things, Those things are: (A) to demand payment of amount due (known as "presentment"); (B) to give notice that amounts have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of nonpayment (known as a "protest.") 8. GIVING OF NOTICES Any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by certified or registered mail, postage prepaid, addressed to Borrower at the Property address above, A notice will be mailed to the Note Holder at a different address if Borrower is given a notice ofthat different address, The Housing Authority of the City of Key West, Florida By: Title: This instrument was prepared by: Larry R. Erskine 1200 Truman Avenue, Suite 207 Key West, FL 33040 THIRD MORTGAGE (Due on Sale or Refinancing) This third mortgage is made this _ day of , 2010 between the Mortgagor, THE HOUSING AUTHORITY OF THE CITY OF KEY WEST, FLORIDA, (herein the "Borrower,") and the Mortgagee, MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority under section 380,0663(1), Florida Statutes, and Monroe County Ordinance Number 031-1986, whose address is 1200 Truman Avenue, Suite 207, Key West, Florida 33040 (herein the "Lender.") WHEREAS, the Borrower has applied to the Lender for a loan in the original principal amount of FIVE HUNDRED FIFTY THOUSAND DOLLARS ($550,000.00), the "Loan," and WHEREAS, the Borrower is indebted to Lender in the principal sum of FIVE HUNDRED FIFTY THOUSAND DOLLARS ($550,000.00), which indebtedness is evidenced by the Borrower's Promissory Note dated , 2010, Exhibit A and extensions and renewals thereof (herein ''Note,'') providing for forgiveness of the principal indebtedness if not sooner paid, on , 2040, TO SECURE to the Lender the repayment of the indebtedness evidenced by the Note: the payment of all other sums, advanced in accordance herewith to protect the security of this Mortgage: and the performance of the covenants and agreements of the Borrower herein contained the Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County of Monroe, State of Florida: SEE EXHIBIT B ATTACHED HERETO Which has the address of 712-716 Eisenhower Drive and 703-705 Pearl Street Kev West FL 33040 (herein the "Property Address,") TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, and rents all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property," BORROWER COVENANTS, represents and warrants to the Lender and its successors and assigns that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and the Property is unencumbered, except for the mortgage lien of the first and second mortgages, and for other encumbrances of record, Borrower covenants, represents and warrants to the Lender and its successors and assigns that Borrower will defend generally the title to the Property against all claims and demands, subject to the mortgage lien of the first and second mortgages and other encumbrances of record, BORROWER FURTHER COVENANTS and agrees with the Lender as follows: 1, Payment. The Borrower shall promptly pay when due the indebtedness evidenced by the Note, Exhibit A. 2, Prior MortQ:aQ:es and Deeds of Trust: CharQ:es: Liens. Lender and Borrower acknowledge and agree that this Mortgage is subject and subordinate in all respects to the liens, terms, covenants and conditions of any prior Mortgage and to all advances heretofore made, The Borrower shall perform all of the Borrower's obligations under any prior Mortgage and any other mortgage, deed of trust or other security agreement with a lien that has priority over this Mortgage, including the Borrower's covenants to make payments when due, The Borrower shall payor cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property that may attain a priority over this Mortgage, and leasehold payments or ground rents, if any, 3, Hazard Insurance. The Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as the Lender may require and in such amounts and for such period as the Lender may require, The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by the Lender, provided that such approval shall not be unreasonably withheld, All insurance policies and renewals thereof shall be in a form acceptable to the Lender and shall include a standard mortgage clause in favor of, and in a form acceptable to the Lender. The Lender shall have the right to hold the policies and renewals thereof, subject to the terms of the First Mortgage and any other mortgage, deed of trust or other security agreement with a lien that has priority over this Mortgage, In the event of loss, the Borrower shall give prompt notice to the insurance carrier and to the Lender. The Lender may make proof of loss if not made promptly by the Borrower. If the Property is abandoned by the Borrower, or if the Borrower fails to respond to the Lender within thirty (30) days from the date notice mailed by the Lender to the Borrower that the insurance carrier offers to settle a claim for insurance benefits, the Lender is authorized to collect and apply the insurance proceeds at the Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage, 4, Preservation and Maintenance of Prooertv: Leaseholds The Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold improvement. 5, Protection of Lender's Security. If the Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced that materially affects the Lender's interest in the Property, Then the Lender, at the Lender's option upon notice to the Borrower, may make such appearances, disburse such sums, including reasonable attorney's fees, and take such action as is necessary to protect the Lender's interest in the Property, Any amounts disbursed by the Lender pursuant to this Paragraph 5, with interest thereon, at the rate of twelve percent (12%) per annum, shall become additional indebtedness of the Borrower secured by this Mortgage, Unless the Borrower and the Lender agree to other terms of payment, such amounts shall be payable upon notice from the Lender to the Borrower requesting payment thereof. Nothing contained in this Paragraph 5 shall require the Lender to incur any expense or take any action hereunder. 6, InsDection. The Lender may make or cause to be made reasonable entries upon the inspections of the Property, provided that the Lender shall give Borrower notice prior to any such inspection specifying reasonable cause to the Lender's interest in the Property, 7, Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to the Lender, subject to the terms of any mortgage, deed of trust or to the security agreement with a lien that has priority over this Mortgage, 8, Borrower Not Released: Forbearance bv Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by the Lender to any successor in interest of the Borrower shall not operate to release, in a manner, the liability of the original Borrower and the Borrower's successors in interest. The Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and the Borrower's successors in interest. Any forbearance by the Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy, 9, Successors and Assi2:ns Bound: Joint and Several Liabilitv: Co-Si2:ners. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns for the Lender and the Borrower, subject to the provisions of Paragraph 14 hereof. la, Notice. Except for any notice required under applicable law to be given in another manner: (a) any notice of the Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified or registered mail, postage prepaid, addressed to the Borrower at the Property Address or at such other address as the Borrower may designate by notice to the Lender as provided herein, 11, Governin2: Law: Severability: Costs. This Mortgage shall be governed by the laws of the State of Florida, and, to the extent applicable hereto, the laws and regulations of the United States of America, In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict provision, and to this and the provisions of this Mortgage or the Note that can be given effect without the conflicting provision, and to this and the provisions of this Mortgage and the Note are declared to be severable, As used herein, "costs," "expenses," and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein, 12, Borrower's CODY. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 13, Transfer of the ProDertv. If all or any part of the Property or any interest in it is sold, transferred, gifted or otherwise conveyed, whether by voluntary act, involuntarily, by operation of law or otherwise, or if the Borrower is divested of title by judicial sale, levy or other proceeding, or if foreclosure action is instituted against the Property, all sums secured by this Mortgage shall immediately become due and payable as provided herein, 14, Acceleration. Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than thirty (30) days from the date the notice is given provided in Paragraph 10 hereof within which the Borrower must pay all sums secured by this Mortgage, If Borrower fails to pay these sums prior to the expiration of this period, the Lender may invoke any remedies permitted by this Mortgage without further notice or demand on the Borrower. 15, Remedies. Except as provided in Paragraph 14 hereof, upon the Borrower's breach of any covenant or agreement of the Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, the Lender, at the Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding, Prior to taking any defaults action including acceleration of this Mortgage, the Lender shall give notice to senior lien holders and to the Borrower as provided in Paragraph 10 hereof specifying (1) the breach (if the breach is curable; (2) the action required to cure such breach; (3) a date, not less than ten (10) days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property, The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure, The Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees, court costs, and costs of documentary evidence, abstracts and title reports, 16, Borrower's Ri2:ht to Reinstate. Notwithstanding the Lender's acceleration of the sums secured by this Mortgage due to the Borrower's breach, the Borrower shall have the right to have any proceedings begun by the Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) the Borrower pays the Lender all sums that would be then due under this Mortgage and the Note had no acceleration occurred; (b) the Borrower cures all breaches of any other covenants or agreements of the Borrower contained in this Mortgage; (c) the Borrower pays all reasonable expenses incurred by the Lender in enforcing the covenants and agreements of the Borrower contained in this Mortgage, and in enforcing the Lender's remedies as provided in Paragraph 15 hereof, including, but not limited to, reasonable attorneys' fees and court costs; and (d) the Borrower takes such action as the Lender may reasonably require to assure that the lien of this Mortgage, the Lender's interest in the Property and the Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired, Upon such payment and cure by the Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred, 17, Assi2:nment of Rents; Appointment of Receiver. As additional security hereunder, the Borrower hereby assigns to the Lender the rents of the Property, provided that the Borrower shall, prior to acceleration under Paragraph 14 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable, Upon acceleration under Paragraph 14 hereof or abandonment of the Property, the Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due, All rents collected by the receiver shall be applied first to the payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sum secured by this Mortgage, The receiver shall be liable to account only for those rents actually received, 18, Release. Upon satisfaction of the conditions and terms of the note secured by this mortgage, including but not limited to payment of all sums there under, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any, 19, Attornevs' Fees. As used in this Mortgage and in the Note, "attorneys' fees" shall include attorneys' fees, if any, incurred in connection with the collection or enforcement of this Mortgage or of the Note, whether or not suit is brought and whether incurred at trial, on appeal, in bankruptcy proceedings or otherwise, IN WITNESS WHEREOF, the Borrower has executed this Mortgage, Signed, sealed, and delivered in the presence of: (TWO WITNESSES REQUIRED) Witness Sign & Print Name THE HOUSING AUTHORITY OF THE CITY OF KEY WEST, FLORIDA By: Witness Sign & Print Name Title: STATE OF FLORIDA ) COUNTY OF MONROE ) The foregoing instrument was acknowledged before me this day of ,2010, by , to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed same, He is personally known to me or has produced as identification, Notary Public (Seal) Printed, typed or stamped Notary Name My Commission Expires: EXHIBIT C TO RESOLUTION: Deed Restrictions 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. Propertv Use. Use of the property shall be restricted to the provision of affordable rental 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. RESOLUTION NO. 10-066 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, RENOMINATING PROPERTY LOCATED AT 712-716 EISENHOWER DRIVE FOR ACQUISITION BY THE MONROE COUNTY LAND AUTHORITY FOR AFFORDABLE HOUSING RENTAL UNITS; PROVIDING REQUIREMENTS; PROVIDING REPEAL OF RESOLUTION 09-089 TO THE EXTENT OF CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the City Commission passed resolution 09-089, which nominated property located 712-716 Eisenhower Drive, hereinafter ( "subj ect property" ) for inclusion on the Land Authority Acquisi tion List as a potential affordable housing si te to be acquired by the Monroe County Land Authority. WHEREAS, by letter dated January 21, 2010, the executive director of the Monroe County Land Authori ty suggested to the Ci ty Manager that resolution 09-089 be revised to provide a request for a conveyance to a government partner in accordance with a newly enacted Land Authority policy; and WHEREAS, it continues to be the desire of the City Commission of the City of Key West, Florida to provide additional workforce housing wi thin the Ci ty while working collaborati vely wi th the Monroe County Land Authority as a funding agency. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AS FOLLOWS: Section 1: The City Commission hereby renominates the property located at 712-716 Eisenhower Drive for inclusion on the Page 1 of 2 Land Authority Acquisition List as a potential affordable housing site to be acquired by the Monroe County Land Authority. Section 2: In the event the Land Authority is able to acquire the subject property, the City Commission hereby requests that the Land Authority convey the subject property to the Key West Housing Authori ty with a subsequent lease to Habitat for Humanity of Key West and the Lower Keys to operate for affordable housing. Section 3: That the provisions of Resolution 09-089 which are in conflict with this Resolution are superseded and repealed to the extent of such conflict. Section 4: That this Resolution shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the Commission. Passed and adopted by the City Commission at a meeting held this 16th day of F~hr1J;'1ry , 2010. Authenticated by the presiding officer and Clerk of the Commission on February 17 , 2010. Filed with the Clerk February 17 , 2010. CRAh~OR A~~ CHERYL SMI , CITY CLERK ~ v MONROE COUNTY LAND AUTHORITY 1200 TRUMAN A VENUE, SUITE 207 · KEY WEST, FLORIDA 33040 PHONE (305) 295-5180 · FAX (305) 295-5181 January 21,2010 Mr. Jim Scholl, City Manager City of Key West 525 Angela Street Key West, Fl 33040 Re: 712-716 Eisenhower Drive and 1911-1913 Patterson Avenue Affordable Housing Sites Dear Mr. Scholl: The Monroe County land Authority is in receipt of Key West City Commission Resolutions 09- 089 and 09-209 and has been working toward the acquisition of the above referenced properties for affordable housing in partnership with Habitat for Humanity of Key West and lower Florida Keys, Inc. and A. H. of Monroe County, Inc. (a/k/a AIDS Help). However, the recent audit report of the Bahama Conch Community land Trust has caused MCLA to reconsider its practice of conveying affordable housing sites directly to private partners. Since 2005 the MCLA policy in the Florida Keys Area of Critical State Concern has been to convey affordable housing sites to only government partners. On December 16, 2009, in light of the concerns raised in the BCCl T audit, the land Authority Governing Board voted to extend this policy to the Key West Area of Critical State Concern as well. Accordingly, the Board also voted to postpone consideration of the 712-716 Eisenhower Drive acquisition until such time as the transaction is restructured as a conveyance to a government partner. Based on this direction I suggest that the acquisition plans described in Resolutions 09-089 and 09-209 be revised to include conveyance of the properties to the Key West Housing Authority and subsequent leases to Habitat for Humanity and AIDS Help. Based on preliminary discussions with the parties copied below this revised acquisition plan appears to be a feasible alternative. Per our discussion attached please find revised resolutions for the City Commission's consideration. Sincerely, ~'\f'-- Mark J. Rosch Executive Director cc: Manuel Castillo, Key West Housing Authority Bob Calhoun, Habitat for Humanity of Key West and lower Florida Keys Robert Walker, AIDS Help RESOLUTION NO. 09-089 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, NOMINATING THE PROPERTY LOCATED AT 712-716 EISENHOWER DRIVE FOR PURCHASE BY THE MONROE COUNTY LAND AUTHORITY FOR USE AS AFFORDABLE HOUSING; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, it is the desire of the City Commission of the City of Key West, Florida to provide additional affordable housing within the City; NOW, THEREFORE, BE IT RESOVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AS FOLLOWS: Section 1. That the City Commission hereby nominates the property located at 712- 716 Eisenhower Drive (hereinafter "subject property") for inclusion on the Land Authority Acquisition List as affordable housing units to be acquired by the Monroe County Land Authority. Section 2. In the event the Monroe County Land Authority acquires the subject property, the City Commission herby requests that the Monroe County Land Authority subsequently convey the subject property to Habitat for Humanity of Key West & Lower Florida Keys to operate as affordable housing. Section 3. That this Resolution shall go into effect immediately upon its passage. and adoption and authentication by the signature of the presiding officer and Clerk of the Commission. Passed and adopted by the City Commission at a meeting held this 7th day of April , 2009. Authenticated by the presiding officer and Clerk of the Commission on AprilR ,2009. ~ Filed with the Clerk Avril ~ l:' .2009. MORGAN McPHERSO , MAYOR . . /ft,T~" ,iJ ~ ) ~R~~ITY CLERK ~ Key West & Lower Fl Keys ~ Habitat " " for Humanity@ March 12, 2009 Mayor McPherson and Commissioners 525 Angela Street Key West, FL 33040 Dear Mayor McPherson and Commissioners: This letter is to request that the property located at 712-716 Eisenhower Drive be nominated for acquisition by the Monroe County Land Authority. The subject property consists of 11 residential units. Habitat for Humanity of Key West has researched, developed, and secured funding for the planned renovation of these historic buildings and the preservation of their affordability through Habitat's land trust. If there are any further questions regarding this property and the need to preserve its history and affordability please contact me at 684-1252 or execdirector@ habitatlowerkevs.ora. Thank you, Bob Calhoun Executive Director 30320 Overseas Highway Big Pine Key, FL 33043 Phone: 305-872-4456 Fax: 305-872-4404 Email: illfo@habitatlowerkevs.orl! www,habilatlowerkeys.org Building houses and lives in partnership with all God's people in need. EISENHOWER RENTAL UNITS PROGRAM BUDGET DATE: February 4, 2009 REV. Initial BUDGET ITEMS QUANTITY UNITS UNIT COST TOTAL SITEWORK Site Demolition/Clean Up 1 LS 5,000.00 5,000 Site paving at rear alley 1500 sf 8.00 12,000 Site Drainage 1 allow 4,000,00 4,000 New Electrical Service 1 ea 10,000.00 10,000 Landscaping Allowance 1 ea 1,000.00 1,000 Subtotal 32,000 DEMOLITION Asbestos/Hazardous Materials Allowance 1 ea 5,000.00 5,000 Demolish Interior spaces 1 ea 500.00 500 Demolition Haul Off 4 loads 800.00 3,200 Dust Partitions/Safety 1 Is 1,000,00 1,000 Subtotal 9,700 STRUCTURE Slab on grade o sf 10.00 0 Exterior Landing o sf 25.00 0 Stairs and Deck 200 sf 20.00 4,000 Redo Porch Building 2 252 sf 30.00 7,560 Redo Porch Building 1 100 sf 20.00 2,000 Subtotal 13,560 SKIN Ext. walls paint and caulk 1 Is 4,000.00 4,000 Windows 10 ea 300,00 3,000 Close Old AC Blockouts 10 ea 100.00 1,000 Doors Rework 5 ea 200.00 1,000 Roofing Upper and Lower 1 Is 4,000.00 4,000 Soffits and Facia 500 If 15,00 7,500 Subtotal 20,500 INTERIORS Redo Unit Walls 1 ea 3,500.00 3,500 Redo Tile at Baths 500 sf 9.00 4,500 Carpet or VC Tile Unit Floors 5300 sf 2,00 10,600 Point and Patch Ceilings 500 sf 2,00 1,000 Paint Ceilings 7500 sf 0,50 3,750 Sills at Windows 50 sf 25.00 1,250 Rebuild Walls at Garage 200 If 2.00 400 Paint Interiors 12 ea 150.00 1,800 Redo Tile at Kitchens 480 sf 9.00 4,320 sf 0.00 0 Subtotal 14543 sf 31,120 Page 1 DATE: February 4, 2009 REV. Initial BUDGET ITEMS SPECIAL ITEMS/SYSTEM HVAC 12 New Split Systems Plumbing Redo at Sinks Electrcal Sprinklers Elevator Exterior Landing Rails Signage Security Surveillance Lights Telephone System Conduit and Cable Telephone System Equip SecuritylEntry Control Gates/Fence EISENHOWER RENTAL UNITS PROGRAM BUDGET Subtotal QUANTITY UNITS UNIT COST TOTAL 12 ea 2,500.00 30,000 24 ea 200,00 4,800 12 ea 2,000.00 24,000 o sf 0.00 0 1 allow 0.00 0 1 allow 0.00 In above 1 allow 500,00 500 1 allow 500.00 500 1 allow 500.00 500 1 allow 0.00 NA 1 ea 0.00 0 50 If 50.00 2,500 62,800 6 ea 600.00 3,600 6 ea 200.00 1,200 ea NA 6 ea 500.00 3,000 allow 0 units 0 allow 0 allow 0 allow 0 7,800 $ 177,480 5,000 60,000 $ 242,480 2,000 8,000 0 0 0 0 0 0 0 0 0 0 0 $ 10,000 $ 252,480 EQUIPMENT & FURNISHINGS Kitchen Cabinets Vanities Laundry Equipment Appliances/Stove and Oven/Refrigerator Window AC Units Other Other other Other SUBTOTAL Estimated General Conditions Construction/Maintenance Contingency CONSTRUCTION TOTAL SOFT COSTS Survey Termite Treatment Impact W & S Meter Install Fee Impact Electric Builder's Risk Ins Legal HOA Home Sale Closing Accounting Developer Fee AE Fee AE Reimbursibles Project Management Subtotal ESTIMATED PROJECT BUDGET Subtotal Page 2 712,714, and 716 Eisenhower Drive and 703 and 705 Pearl Street RE #00023300-000000 Key West Eisenhower Drive. Subject property on the right. . :.) View of subject property from Eisenhower Drive. 54 SLACK JOHNSTON MAGENHEIMER PHOTOGRAPHS OF THE SUBJECT PROPERTY View of the subject property from intersection of Pear! and Newton Streets. Exterior view of Unit 714 56 SLACK JOHNSTON MAGENHEIMER PHOTOGRAPHS OF THE SUBJECT PROPERTY Unit 714. 57 SLACK JOHNSTON MAGENHEIMER Unit 714. 58 SLACK JOHNSTON MAGENHEIMER Unit 712 59 SLACK JOHNSTON MAGENHEIMER PHOTOGRAPHS OF THE SUBJECT PROPERTY ~V;':I_';'_ ,- '?t;~~~h'. - /Z';:s, .- '~~ - ... r~ . Unit 712. "f:~ . Unit 1 60 SLACK JOHNSTON MAGENHEIMER PHOTOGRAPHS OF THE SUBJECT PROPERTY Front elevation of Building 1. Units 2 and 3 61 SLACK JOHNSTON MAGENHEIMER PHOTOGRAPHS OF THE SUBJECT PROPERTY Unit 6 'I II ~ Unit 6 62 SLACK JOHNSTON MAGENHEIMER PHOTOGRAPHS OF THE SUBJECT PROPERTY '~ .. <<,~~ "_ ,.~~~r Rear view of Unit 6. Unit 10 (second floor unit). 63 SLACK JOHNSTON MAGENHEIMER PHOTOGRAPHS OF THE SUBJECT PROPERTY Unit 7. View of Building 2 from Newton Street. 64 SLACK JOHNSTON MAGENHEIMER PHOTOGRAPHS OF THE SUBJECT PROPERTY Garage building. Interior view of garage building. 65 SLACK JOHNSTON MAGENHEIMER TIlE CrTY OF KEY \VEST l'u~tOtti,-t' !)px llO9 K,'v West, FL 53U-!J-] 1(19 (}I];) :;09-3700 May 20, 2009 VIA U.S. MAIL and EMAIL Mark J. Rosch, Executive Director Monroe County Land Authority 1200 Truman A venue, Suite 207 Key West, Florida 33040 RE: 712 - 716 Eisenhower Drive Real Estate (RE) Number 00023300-000000 Build-back Letter Dear Mr. Rosch, The purpose of this letter is to respond to your request that the Planning Department issue a determination letter regarding the property at 712 - 716 Eisenhower Drive and 703 - 705 Pearl Street, Real Estate Number 00023300-000000. Regarding the property's suitability for your project, from a practical stand point, this is an existing apartment building that alleviates the need to both acquire land and construct a building/so While the buildings are somewhat worn, they are in relatively good shape considering their age. Clearly, some renovations are needed. This property would seem to be appropriate for the proposed use considering the centra11ocation between Old Town and New Town. This increases accessibility to local employment throughout the city. Additionally, the property offers a comfortable environment with the extensive landscaping, common areas and open porches. The following are direct responses to the questions in your letter. 1) Building Permit Allocation System (BPAS) units: A 1986 Polk City Directory lists 716 Eisenhower Drive as having ten units and Pearl Street as having one unit (Attachment 1). This indicates that the number of units predates the BPAS determination date of 1990 used in calculations for the hurricane evacuation model. Further, the Monroe County Property Appraiser's Office records show a sales history dating back to 1980 (Attachment 2). . 2) Number of units: The property is licensed for eleven non-transient residential units with individual sewer and solid waste accounts, according to the Licensing Division of the Building Department (Attachment 3). According to Keys Energy Services, there are ten active accounts and one vacancy. A site visit confirmed that there are actually twelve meters, one being for exterior lighting and possibly hot water heaters (Attachment 4). 3) Code Issues: this is a legal non-conforming property. If the buildings are involuntarily destroyed, they may be reconstructed in the original footprint at the current non-complying density. However, if the cost of replacement exceeds 50% of the assessed value of the buildings, FEMA Monroe County Land Authon Build-back Determination Letter Page 2 . flood elevation requirements will need to be met. Further, if any proposed renovations will exceed 66% of the assessed value of the structure, all legal non-conformities will require variances. · The survey provided with your letter shows the finished floor elevation for the buildings is seven feet plus. The FEMA flood elevation required for this property is six feet (AE 6). The buildings are one foot over the requirement and thus meet FEMA regulations (Attachment 5). · The property is located in the Historic Medium Density Residential (HMDR) zoning district. Multiple-family residential dwellings are a permitted use in this district, although not to the existing density (Attachment 6). · Parking requirements are currently not being met. There are no parking spaces shown on site. Again, this is a legal non-conforming property. · Dimensional limitations are currently not being met. Required setbacks and coverages are affected by a substantial City Right-of-Way that runs across the property along Eisenhower Drive. This removes a large area of required pervious surface and also places a portion of the front building in the City Right-of-Way (ROW) (see Attachment 7). 4) Eisenhower Drive ROW: The City of Key West maintains possession of the ROW. An easement will be required for that portion of the front building that is within the ROW. Stormwater improvements may be required with any approval of an easement application. This determination is based on information available from the City Building Department records, the Monroe County Property Appraiser's Office, Sanborn Maps, City Directory information, City licensing records, and the 1991 Land Use Inventory. In summary, this letter establishes that eleven non-transient residential units exist on the property. This letter does not grant unit allocations, but rather recognizes eleven existing non-transient residential units on the property. Subsequently, this document will be sent to the Department of Community Affairs (DCA) for their review. It is possible that the DCA may object to or provide direction regarding these findings. Please do not hesitate to call me with any questions or comments. Sincerely, Brend~gham Attachments Xc: Amy Kimball Murley, AICP, Planning Director Carolyn Walker, Licensing Official Rebecca Jetton, Florida Department of Community Affairs CEO Files K:\Ceo Projects\Eisl'l1ho'v\l'r Drivl'\712 - 71b\20090SJ5BuiJdback Dcternlil1dbon Letter.DOC ~V!I to tlit! Cari66ean- aVcn!/;lc !Jear~1 temperature /1 0 ~Fillirt'lljldt. THE CITY OF KEY WEST Post orrin' B,JX 141)9 We'it. FL33041-14!)'i Soo:; iOU April 27, 2010 Mr. Robert Feldman 3158 Northside Drive Key West, Florida 33040 RE: 700 Eisenhower Drive (RE# 00023310-000000) 712~716 Eisenhower Drive (RE# 00023300-o00ooo) Dear Mr. Feldman, In accordance with Section 118-169 of the City of Key West Land Development Regulations, the Planning Department has reviewed your March 2, 2010 request for a lot split at the above-referenced addresses. Lot splits are defined by Section 118-3 of the Land Development Regulations as being "any change in the lot lines or boundaries defining land configurations which does not increase the number of lots and requires no extension of off-site improvements." According to the information submitted to the Planning Department, the south property line at 700 Eisenhower, otherwise known as the Moose Club, is overlapping structural elements (decking, stairs, etc.) at 712-716 Eisenhower, which is an apartment complex (please see Attachment I). The proposed lot split will result in the reconfiguration of both property lot lines so as to eliminate property line encroachments (please see Attachment 2). The property at 712-716 Eisenhower recently received easement approval from the City. The proposed lot split will not affect the easement area that was approved by the City Commission (City Commission Resolution 10-136). The proposed lot split was reviewed by the Development Review Committee (DRC) on April 22, 2010. Overall, the DRC members were not concerned with the proposed reconfiguration of the lot lines. However, two informational comments were raised to make the applicant aware of regulatory processes that may be applicable should future improvements be made to the property. Specifically, the City's Historic Preservation Planner indicated that if the fence on the property was to be removed in the future, that removal could be subject to Historic Architectural Review Commission (H.A.R.e.) approvaL The City's Urban Forestry Manager indicated that due to trees in proximity to the lot split, any future fence installation could be subject to Tree Commission approval. According to Section 118-169 of the Code, the deeds and official copies of the final plat, as prepared by a land surveyor in conformance with regulations identified in Sections 118-256 through 118-260 reflecting the lot line adjustment, must be filed and recorded and provided to the Planning Department within 120 '/{jl/ to tlie Cari6ljean - Ilvem}7c Ileadl! temperature 770 in/iren/ieit. Mr. Robert Feldman Lot Split 700 Eisenhower Drive and 712-716 Eisenhower Drive April 27, 2010 Page 2 of 2 days of this approval. As of the date of this letter, the Planning Department has received recorded copies of two quitclaim deeds, and revised legal descriptions (please see Attachment 3 for Official Record Book and Page Numbers). Please do not hesitate to contact me at 809-3725, or amonnier@keywestcity.com with any questions or concerns. Attachments: Attachment I: Application Request and Exhibit A Attachment 2: Exhibit B Attachment 3: Recorded Quitclaim Deeds Xc: Amy Kimball-Murley, AICP, Planning Director GEO Files, 700 Eisenhower Drive, and 712-716 Eisenhower Drive r I J : I Attachment 1 I I ! : I Ii I I . ! i I I II . . FK&H FELDMAN KOENIG HIGHSMITH & VAN LOON, P.A. ATTORNEYSATLAW ROBERT T. FELDMAN TIMOTHY J, KOENIG ROBERT E, HIGHSMITH* DAVID V AN LOON GREGORY S, OROPEZA 3158 NORTHSIDE DRIVE KEY WEST, FLORIDA 33040 TELEPHONE (305) 296-8851 FACSIMILE (305) 296-8575 'BOARD CERTlRED WillS. TRUSTS AND ESTATES ATTORNEY March 2, 2010 Amy Kimball-Murley, Planning Director City of Key West PO Box 1409 Key West, FL 33041 Re: 712, 714, 716 Eisenhower Drive, RE #00023300 700 Eisenhower Drive, RE #00023310 known as the Moose Club Dear Mrs. Kimball-Murley: Please accept this letter request for Administrative Lot split or Adjustment between the'two (2) real estate parcels indentified above. The property at 700 Eisenhower Drive is the Moose Club located on a lot which is 70' wide and approximately 150' long, it boarders the property known as 712, 714, & 716 Eisenhower Drive which is an apartment building. As shown on both, the legal descriptions of each property appear correct. However, the description on the Moose Club starts at a point on the North and the Apartment Building legal description starts at a different point of beginning causing the overlaps. The survey of the Moose Club property by J. Lynn O'Flynn marked as Exhibit A; shows the South property line to cut through structures of the Apartment Building. The corporation which owns the property of the Moose Club and myself as personal representative of the Estate of Robert W. Townshend has agreed to change the property line so that it does not REAL ESTATE ... ESTATE PLANNING ... PROBATE'" LITIGATION result in an encumbrance. The new property lines are shown on the survey by Island Survey marked Exhibit B. Please note that this property line split does not affect the property or legal description that the Townshend Estate is attempting to get an easement from the City on a separate application. The Quick Claim Deed from the Moose club is marked Exhibit C and the Quick Claim Deed from the Estate of Robert W. Townshend marked Exhibit D. I am enclosing the fee of $250.00. If this application is sufficient please notifY me of the DRC hearing and I will attend. Thank you for your numerous courtesy. Sincerely, %v2 Robert T. Feldman REAL ESTATE . ESTATE PLANNING . PROBATE. LITIGA nON <JJ co ('() (\) 13' \\l U- ..::.L o o CO L. (j) C ::. ..t':. <( c E \\l 2 (\) c.o >. ..t':. E \\l L- 13' \\l \5 (\) ...c .w 4- o .w o .....J '0 .w L- \\l u- 4- o u- \\l :2 >. (\) > L. ::. (j) C \\l \J c ::. o CO .. e ~ -:-;"";;-;""'1' .-( 0';.;r-;;.~J:!..U:LG""""" '~"; ,':11- ,,~Q ~.~ 1.\\\\\ ~\ W"_< ....:----1 .,-- lA, . <;)0/ '-~":;-~~'{i:,~- ",'.' / "'"0 <-00 "',.. .-;:..o~ '<;,,.. l.....ux""Od /0 .tIP1/ ? tt:i' ~ ~ ~[~ ~ ~ ,Q.,. I) r\j 1:1 "" ;:".. a.. ~.~ ~ (3 & :3 ~egec5~ ~ ~ ~~~ ~ l~~.-~C :~: ~~~ ~ ~'--~5'" ~- """ - t') - ~ '5 ~ ~ ~ 6 3 .S ~ ~ ~ " -g ~ -g ~ ~ ~ ~ ~ ~ -12 ~ '8 b ~ ! ~S.~~~~&~~6~~8~cE t) ..<Ji'C?~~d(j..l@t8Jctcw % ~~~~ I <-00 "',.. "'"0 <-0, "',.. (&~'..JOA M/tJ) (peoy puod UeS eJfe) 'Ja JaMoquaS.TS "'0 <-0, ,"A.. I ~ i I f--,o<;, i" (>/w) I ~ . 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S (J) .00'66 .u.7...vb' (,) ~ i o' ~ ~ ~~ ~ z is ~~ z ~~ ..;~ ~ ~ ~; i; ..... ......J ]f ~.... o "".1 0< ~ 0 ~ ~ 8 - ~~ Z ~~ 11 z ~O~ ~ >- g~ ....J ~1\ .." -I I ! $ ....., Qj Qj l..., ....., Cr) t::: o -.> $: Ql ~ " ~D "'" ~D" gCl: VJst- ~~ ~ ~~V) E't> ~B~ '-" " ,.~~~ ~ 0.'2""" <:~..?~ r ! I I I r Attachment 2 I ; ! I: I , I I , I I I I I I! ~ C.B.S.- Concrete Block Stucco cov'd.- Covered wd. ... Wood Bolo - Balcony PI. - Planter A/C - A;r Conditioner E~IT I!I.AN~ SURVEYING INC. ENGINEERS PLNI.os SURVEYORS 3152 Northside Drive Suite 201 Key West, Fl. 33040 (305) 293-0466 Fax. (305) 293-0237 fhildeo 1 Ooellsouth.net "l: DmlIOW (aJc.a. Salt Pond Re'- (SO- RIW) ORNE - " "'-'(JIf..1 (S41'27'42" Ed) Urz.'22"i m. 2.11" _ ---- ~ ~ " I go....... , ~ 3 j ~ !'-' i en - r J = t: t /- u.;- - - - - I- L.. -\::..'v-- _ _ / I \ \ / ( I -- ""---- 2 -----, / ...- /," / ...-/'11I., - . \ ........ \ " " " ..... LOT " w .n' I.... StJR\IEYOR'S NOTES: North arrow based on assumed median Reference Bearing: R/W Angela Street 3.4 denotes existing elevation Elevations _ based on N.G.V.D. 1929 Datum Bench Marl< No.:D-121 Elevation: 3.914 MonumentatIon: 6_ Set P.K. Nail, P.LS. No. 2749 .- Found P.K. Nail, P.LS. No, 5234 e- Found I" I.P., $ - Set 1/2" I.B.. P.LS. No. 2749 Field Work performed on: 2/21/OS P!ARL AbbrM3tlona: Sty. - Story R!W ... Right-of-Way fd. ... Found p. - Plot m. - t.Aeosured d. :II Deed N.T.S... Not to Scale S'~r (3Cr RIW) t - Centerline E1ev. - Elevation B.t.A... Bench Marl< o/h - Overhead F.FL- Finish Floor Elevation Irr. . Irregular cone.. concrete Monroe County land Authority : 71 6 Eisenhower Drive. Key We~. Ftcfrida 33040 Specific Purpose Survey Area between Platted R W & Existin Scale: 1"=30' Ref. Flood panel 41-49 151 file Flood Zone: AE REVISIONS AND OR ADDITIONS " Date: 2/16/10 Own No.: 1 0-1 29 Own. : F.H.H. Flood Elev. 6' r;:!wmnn!': AV PO:: "r' I" ... M. 1- II. uw_ PB ~ ~ .-'- 'b . _AS~s'\ S. -~ I~ '"' -~ ;,l1.J - '" i-ve Wi I \~_'_A_.'~.- -""1'fj0 ~ '"" I I ADDmONAL SURVEY': NOTES: 1. Boundary information based on existing monumention 2. R/W Une of Eisenhower bosed on existing & occupied location os of February 21, 2008. 3. Property was orginoly surveyed by F.H. Hildebrandt on 6/25/87. and Eisenhower was at the some location. 4. F.H. Hildebrandt surveyed property on Eisenhower Drive on or about 1975. Eisenhower Drive was at the some location then as now. .c. "-"- Block 91 Sheet 1 of .... (a.k.a. Salt Pond Road) (SO' R/W) EISENHOWER DRIVE Cone. ... of oep/>a/t 1 Wtzy 519ft ~ ~ Q:: . ~ '-' ~ z 0 I I i .t . ! 0 . i ~ . " 0 ~ '-' t ti LaJ ~ Z P.O.C. ~ Z Block 91 --- - Platted R/W line / '\ 99.02' / / \ \ _.-/ (__J '-_ atona poth . l' S.41.24'22"E . .. ~ ~ en .S __ 3:! '5 .g COo (/) Q) CO en cJ g ~:E 0""'" - (/) - - - - - -:.\~0~4;;" 2 /~~r _~}~ !~t;ii:=? ~~~J \_~,--~ ~ \, " "\, c'.;-'_ /l4.~, _ ,,/'-/::~,~\.." cOiY~~)f~\']JY ------/ LOT 11.40' .s c CI ~ tcoco _ 0 ,...,..: CI Eiri ~ &A: ~ oS (/) .... OT -----7 - / /' m /...'<' / 0 ci /' " I Ii) - q - -- / . \ <' ) 0 \ ... . "- "'- ....... " " "'- .... ~ J to PEARL STREET (30' R/W) Monroe County Land Authority ; 71 6 Eisenhower Drive, Key West. Specific Purpose Survey eo between Platted R W & Scale: 1"=20' Ref. 41-49 Date: 2/16/10 file REVISIONS AND OR AODmONS ~' Florida . 33040 .' Own No.: 10-129 ISlAND SURVEYING INC. ENGINEERS PWHRS SUIMYORS Own. 8 : F.H.H. Flood Elev. 6' 3152 Northside Drive Suite 201 Key West, Fl. 33040 (305) 293-0466 Fax. (305) 293-0237 fhildeD10tiellsouth.net Sheet 2 of 3 ('A,RRISON B . - I G H T! ----- ----- ~ N.T.S. ~ z o a: Gj a.. FLORIDA STREET LOCATION MAP Benj. Albury's Sub. City of Key West EISENHOWER t:i IJ.J a::: l- (/) DRIVE I r 16 Gj W ~ ( Salt Pond ---- ---- or Boy Rd.) - ~DiC ~ > :J o :5 IJ.J " ~ ~ ::> CD -J < Area between Plotted R/W and Existing R/W: Prepared by undersigned: It. parcel of Iond on the Island of Key We8t. known os part of Lot 1 & Lot 2. of Square '. Tract 7. according to Albury's aubdivision of part of Tract 7. os recorded in Deed Book "I.. Page 239. in the Public Records of Monroe County. Florido. soid parcel being more partlculorly described os follows: COUMENCE at the intersection of ths Northeasterly RIght of Way Une of Pearl Street and the Northwesterly Right of Way Una of Newton Street; thence N .....59.53. E olong the sold North_terly Right-of-Way Una of Newton Street for 150.09 feet to the plotted Right-of-Way Une of Eisenhower Drive and the Point of Beginning; thence continue N .....59.53. E along the soid Northwesterly Right-of-Way Une of Newton Street for 35.26 feet to the Southwesterly Right-of-Way line of Eisenhower Drive os existing and constructed: thence N .....45.07. W along the soid Southwesterly Right-of-Way Un. of Eisenhower Drive os existing ond constructed for 98.00 feet; thence S .....58.00. W for 29.48 feet to the plotted Right-of-Way Una of Eisenhower Drive; thence N 41'24'22" E along the soid plotted Right-of-Way nne of Eisenhower Drive for 99.02 feet to the soid Northwesterly right-of-Way line of Newton Street and the Point of Beginning. Contoining 3200.21 square feet, more or less. <~~,' '?i~r;]Tfj;;,'" Vv:) ~,.(, ";":v '. '> -'>....~ . ~f:_.h:',?"t~ Vi ,~~ = 3 2010 , \',-----j '}0.. /~~/ , /)/i'r"--'--\'\)o/ '- t/1-t()t i.>:'....-'" CERTIFICATION: .' HEREBY CERTIFY that the attached SpeCific Purpose Survey IS tru~ and correct to the est of my knowledge and belief; that it meets the mlmmum technical standards adopt by the Florida Board of land Surveyors, Chapter 61 G17-6, Florida Statute Sec on 4 .027, and the American land Title Association, and that there are no visib achments unless shown hereon. FREDERICK H. HllD A T Professional land Surveyor & Mapper No. 2749 Professional Engineer No. .36810 State of Florida NOT ,VALID UNLESS EMBOSSED WITH RAISED SEAL & SIGNATURE Monroe County land Authority : 716 Eisenhower Drive, Key We;t, F1;~ida 33040 Specific Purpose Survey Own No.: Area between Platted R W & Existin R W 10-129 Sc I . 1 "-20' Ref. Flood panel No. 0 B F H oe. - 41-49 1516 K wn.:. .H. Dote: 2/16/10 file Flood Zone: AE Flood Elev. 6' .' REVISIONS AND OR ADDITIONS block91 Iln/O\lln_ ...+.... Block 91 ISLAND SURVEYING INC. EJ._~ __ PlMNERS SURYDORS 3152 Northside Drive Suite 201 Key West. Fl. 33040 (305) 293-0466 Fox. (305) 293-0237 fhildeo 1 Otiellsouth.net Sheet .3 of .3 Attachment 3 \- . -11 , , ! ! I II Ii , , ! : i I , ' ! I I, II , I ...-J ~.....v..... .,........ ~.... .....__ . . Doc. 1783360 03/30/2010 11:13A" Fll.d l R.eord.d l~ Offlelal R.eorda of ItONROE COUNTY DANNY L. kOLHAGE PrepMr.d by: Eric~ N. Huqhee-Sterlinq Spottswood, Spottswood & Spottswood 500 F~-minq Str_t Key West, FL 33040 13/30/2011 11:13AM DiED DOC STAMP CL: TRlNA $1.71 Po..n'lD Numben Doell 1783360 Bkll 2458 Pv. 2321 Quitclaim Deed This Quitclaim Deed, Made this day of ,200~ AD. Between ROBERT T. FELDMAN, as ~er8onal Representative of THE ESTATE OF ROBeRT WILLIAM TOWNSEND. of Ih. County of Monroe SlAt<: of Floric!a , grantor, .nd KEY WEST LODGE NO. 1760 LOYAL ORDER OF HOOSE, INC. whose .ddrt.. i!: 700 Eisenhower Drive, Key West, FL 33040 uf tile CWIllY of Monroe , SWc of F1oric!a , grantee. Witnesseth thot tile ORANTOR, ior llld in COn.<ldcraU<>n of the .urn of ------------------------T2N DOLLARS ($10)----------------------- DOLLA~>. and other good Alle voluable ",...idention to GRANtOR In hand paid by ORANTUl'. die receipt wbcreof is hereby acknowledac<!. h... lV.nled, bat&alDed llIld qullelalln.d 10 the said GRANTEE and GRANTEE'S hem, """"'''''D and assi!'1$ io=..., the foUowins described land, situate. Iyin~ and !>cing In lb. County of Monroe Slate ot Florida 10 wit: "SEE EXHIBIT "A" ATTACBEO H1!:RETO AND MADE A PART HEREOF" This instrument was prepared without benefit o~ title search o~ ab.tract examination and ~. ba.ed solely on ~acts provided by eithe~ of the parties or his or her agent. Subjeot to conditions, l~itat~ona, restriotions and easements of record and taxes ~or the year 2009 and aubseqqent years. The undersigned Per.onal Representative hereby states that he has the authority to convey Real Property pursuant to the Last Will and Testament of Robert William Town.end. 'rl'l'I" and to Hold lb. """'e lO&ether with all and &ingular the 8ppllrtonllllces lberCUllto belon"ms or in IIIlYWtse '.', .m(nIOS, and all lII. ~mlC, ri&h~ litle, inl.....~ lien, .quity and claim whatsoever of SfIIllOr. .ither in law or equIty. for ,110 U'., lnonelil and proOt of the said sran~ forever, , : l' '\/jtnes:I Whereof, dte &rIlllIOI hos hen:unto .ot hi. band alld selll the day aod year tltsl above writl<>n. .Agned, sealed liD livered In our presence: {S."i' ame: ~~,s. ~~"'r ~!:___ /~ ':"""".OO"'TWOU,,wTOWN''''' p~ ted Name: K/...... ~~~~ W ness of STATE OF Floric!a COUNTY OF Monroe fhe fOrelloing IDSltUmcnt was acknowledced l>ciore me this ...:3:.d!:, day of $ #~ c:t2CJ/O ~ bI ROBERT T. ~MAN, as Personal Repre.entative of THE ESTATE OF ROBERT WILLIAM TOWNSEND. who IS p"T'SonaJJy lc1lo"ll to mo or who has produced &li lOentiticauon. - ~;J;~ luc.t~byoo..llpJlIYj~~ Ute" ~ (16)}761~Hh fomPt..QCp..1 ~.~ f~l:' -;:\ ~'. :~: '1f...,'t-'" .Ii!..~ DEANNA p, ESOUlNAI.DO MY COMMISSION' DO 583004 EXPIRES: CJclober 10, 2010 _ Tlw NcwyN>l< u-. . . ; , Doell 1783360 Bkll 2458 P911 2322 ~c~-jU-iUU~ wtU l~:b~ ~M rM^ NU, ~uo,~"uo~ r. u.) EXHIBIT uN A parcel 01 land on t.h<t IslAnd 01 KlJY W"sl, known as pdrt 01 Ult 1 01 Squar.. I, Tract 7, accordin{; to Albury's Subdivision 01 p"rt 01 TrlJct 7, a)> racorded in DlJlJd Book or: PilI" 38B, m the Public R"cord.. of Monro" County, Florida, said parcel bejn~ more partJauli.rly deSCribed as fOUOws, COMMENCe ..t the inlerS"clion 01 Lll.. NE'ly ri&hl 01 way Jine 01 Pe..rl SIr....I and the NW'Jy ngb< 01 wlJY line of Newlon Slreal ilnd run thene" N 41'27'42" W along the NE'ly rlght 01 w"y llne 01 tll" stud P"..rl Str"el for a di..Iance 01 99,00 I"el 10 th" NW'ly corn"r 01 lands d<t:/cnbed JJl Offic/al Record Book 1045, "t Page 2485.. as r..cord<id in. Lh.. Public R"cord$ 01 Monroe County, Florida, Lhence N 44'58'00" E and lJlong Ihe NW'iy boundary Ime 01 th" said lands as descnbed In Olflclal Record Book 1045, "I Page 2485 lor a disL"nee of 5750 leet to 'the point of B"ginnw{;: thence continue N 44"58'00. E and lJlong the NW'Jy boundary lilJO 01 the said l~" Js as descrio"d in Offlcj"l Record Book 1045, ..t Pag.. 2485 lor a disttMce 01 9250 /""t to 11)<, SW'ly riGht 0/ way lin.. "I Salt Pond Road as plaited and sll"",n in the ~aid di"gram 4S reaorded III Deed 80"k '1", Pace 389; Lhflnctt S 41'27'42" /! ..l"nr the SW'}y nrhl of way line 01 S"lt Pond Road as platted fl.nd sllo"'n in the. uid dlagram, for" dI51,fl"" of 2,81 fe"l: Ih.mee S 44"58'00" W lor a distance of 13233 leel: tnltnc" N 45'02'00" W for.e dlst"nce of 2 80 I....! bllCk 10 thfl Pom! 01 8e&JllnJnC' I'lONROE COUNTY OFFICIAL RECORDS . <i:(",- Doc. 1~381 03/30/2010 11:13Ar. t F H.-ed to Reco~ded in Off icial Raco~d.. 17f-' - tIOHROE COUNTY DANt-!'f L. KOLItF.'E ~>T"1 ~ l ~, r,,,.,':':ll11'Jy-: "~ic.. :~. tll.1ghe.-Sterl.i.nq Spote.wood, Spottswood , 500 Fleming Street Key West, FL 33040 Spottswoed 03/3e/20t0 tt:t3AM DEED DOC STAMP CL: TRINA $0,70 P_rctt ID Number: Doc. 1783361 Bklt 24S8 Pglt 2323 Quitclaim Deed This Quitclaim Deed, Made this day of , 201 0 AD. Between ICE: Y WEST LODGE NO. 1760 LOYJU, OJWD OF MOOSE, INC. of lhe C""nty of StIlfC of Florida , erantor, ;v1d ~OBERT T. FELD~. as P.~.onal Repr..entativ. o~ THE ESTATE OF ROBERT W:U,LIA.~ TOWNSEND. who.. Iddress Is: 712 , 716 Ei.enhower Drive, Key West, FI. 33040 cf"-" Ccur.ly of ,511" or Florida , erantee. Witnesseth IIIAIIII. GRANTOR. ror and In COIlIidamIOfl ordl. "'Ill or ------------------------TEN DOLLARS ($10)----------------------- DOL~ARS _ and o'h_zeood and vAlulbI. oonsldetAliott to GRANTOR In hll4 plld by GR.AN11lE. the """,Ipt wh._r II Ilcreby luknowl.d,.d::W", - &r~ni~~: blr\llined and quitclljl"ed '0 Ih. llid GR.ANfl'.B and GR.ANTBE'S "".... suueuon IIId ",Ipu forever, !be folloWlnS d:.cribed ,"md. SlN"'e. ly,ng and belnl In lh. ~unlY ~ Monroe SII.. of Florida '0 WIt: .. "SEE EXHII!lIT "A" ATTACHED HERETO AND MADE: A PART HE!U!:OF" "j::\'!'"l" .' : ':~!t.~_.~ ~-..lItrument wa. &b.t~act examination of.. ;the part;!.ee or hJ.s pr~ar.d without b.ne~it of title aearch O~ and i. based ",:;lely oiltaot. provided ~y e,t;th~ or her agent. Subject to condition., limitations, reatrictions and ea~ftments of record and taxes fo~ the year 2009 and sub.equent years. i-ri01ted Name:~ J. F~ W1.tnese J- .;1; ~o.~. L..?.4 e,~ ~ 1#,0 .r. ( .J A a..e.l~ fL !~' l.ted Name:~ J: F~ d :~"U ~ - 1- 4;f ,~::ntTi <&F FIOri~;;'-.(' ~t:l.. E t,..>.h eal~IL.J COUNTY OF Kon~oe The tbrelOtn& mstnJmenl wu aclcnowledaed bet'ote mo lilts ;17 all and slnl\llar IlIe Il'punmancea lhuounto ~\~V~&'~,IIiIII~ Iln)'wi.o 1141I. oquIly IJId c1lhn whal!OeVer or Bt1ntor~~~~.I'IfIi~~,ty, 10' s ~V':""'\~SIO';" <'" ~ ~ CJ...()~~'-' Ire--t....\~ ~ ~ . (j i~ 26,020 ~ . ~ hlllld Ind .tel tho day IlId year 11m l>o~'~ill\l'il, // '%, \ ~ ~*: .... :*E - . - ~ -:,o~ HOD 648489 : ~ g ~ . .f$~- 1: ~... :: ~'U't<f\\ t ""fJ" ~e~n ;;'. r .."J',.c-'m.I~~..~ ~ ~ ,.ou. ......O~ ~ , ~ \\"~ dent _\11.' To Have and to Hold the .amo together with .ppen'ining. and .11 III. eatale. ri&hl. rill.. In'aroJt, III. u.e. bo~fit and profil or th. said &I'M"'. nm."er. In Witness Whereof, tho lraft'or hIS hereuntO N' Signed, sealed and delivered In our presence: dey of ';l 2010 by John CurrYr Governor/President and John Farley, Secretary/Administrator __hu i. person Illy ICftC"''1l 10 1M or who hu produc:ed .. idenlillcation. rSTND ~2ARI'~~ 5l.:)h<Z.t\~' fl , Prin ~d Name: (~CJ j). ') 1 4.J..J Notary Publio My c-mi_ Explrel: y ~ d b - t} 1..utfthPl~"'CtM...,,~....,.:roM' (l61l'1\1~JUS 'iMltFLQCD.J . e- EXHIBIT uN Doc. 1783361 SkI 2458 Pgl 2324 A parcel of land on the Island of Key West, known as part of Lot I of Square 1, Tract 7, "ccordlng '0 AJi;Jry's SubdivisIOn of part of Tract 7, as recorded in Deed Book '1~ Page 389, In the Public Records 01 Monroe County, Floruja, said parcel being more particular/{ described as fol1ows COMMENCE at the intersection of the NE'ly nght of way line of Pearl Street and the NW'ly right of wcy 111'~ (!f Newton Street "nd run thence N 41"27'42" II' along the NE'ly right of way line of the slIld Pearl Siree! for a dIstance of 93.63 feet to the SlI"ly (!orner of lands described in' Officl8.1 Record Book 379, "t P8.ge 728, 8.S recorded in the Public Records of Monroe County, Florida, said point ,,150 being the Pomt of Begmnmg; thence continue N 41"27'42" II' "long the NE'ly nght of way line of the said Pearl Stre", f~i- a distance of 5.37 feet to the N,W'ly corner of Iflnds descnbed in Officl,,1 Record Book 1045 ,t P",;r 2485, of the s"id Public Records, thence N 44'58'00. E "nd along .the NW'ly boundary line of Ii)e .' ~id . ;nds described in Official Record Book 1045, 8.t Page 2485 for a dlstlince of 57,50 feet, thence S 4.5",);-',"(" W'or a dist"nce of 2,80 feet; thence N 44'58'00" E for a dist8.nce of 92,33 feet to (he SW'!" r-g';/ of w'J' line of Salt Pond Road as platted eI'd shown in the said cJiilgram as recorder! ;.~ '~c:' 80("; '1': hge 389; th,mce S 41"27'42" E along t.~c SW'ly right of way line of said Salt POj;d Roed as plaited and shown in the said diagram, for a distance of 2.51 feet to'the SE'ly corner of the 'Said lands dC!:;cribed In Official Record Book 379, at Page 728; thence S 44'56'50" II' and along the sead SE:ly boundary Ime of the S8.id lan>is described in OHicial Record Book 379, at P8.ge 72,'J fo,. a dh-tanc~ of :::;0,00 feet back to the Point of Beginning. I1ONROE COUNTY OFFICIAl.. RECORDS " ,) ~': 41G ., Sy: (,t ", . . T51 f'."~f,oing in);ment was acknowledged before me this ~ day of ~.- / 2010. Cj ~~k,4u ~~as ~ ofKeyWestLodg~yalcrder af Moose, INC, a Florida non profit Co ra on, who IS personally known to me or who has produc::-.(} as identification ~d) (did not) ,ak;; an CI"':h. My Commission Expires: :- (~~ E,,\ L) t. >.;.:', ~ ' ! ;- .. '; t 1'. ,{ ~ ~ \ . " ,ft . 'r, : "-:; "(d I'IONROE COUNTY OFFICIAL RECORDS 1.1. ~~- 'J ~ - .: p')(,(:.l' i_~' ~ r t;. ~\ I ~' ~9{0.. _ .. ~~ ___ 4'~'~=2J"'/,v~ F.--l:1tf1";;.<" ~'-:s:-;._ ~ 01 rrot~:, DEANNA P. ESQUlNAlDO MY COMMISSION I DD 583004 EXPIRES: Dc10ber 10, 2010 &.ndM Th't! twry Pub/ii: lJrld9rwTrtm Docll 1783362 Bka 2458 Pea 2326 !' " ,;, ot :;,~ :I.i' ';}.... ( .~ " ,-i' tl~( If . (~n{:i}'\! pnr/l_~;pR< ,.~.' -(1,1)(1 \ l'" .',1' ~.: tll ~ ~1:. 11'1.:,,\, " J"- ,.... <' . \- ,~. ,;: RESOLUTION NO. 10-136 712-716 EISENHOWER DRIVE EASEMENT A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, APPROVING AN EASEMENT OF 3,200 SQUARE FEET TO ADDRESS THE ENCROACHMENT OF EXISTING STRUCTURES AND SURROUNDING PROPERTY TO A MULTIPLE-FAMILY RESIDENTIAL STRUCTURE LOCATED AT 712 714 716 EISENHOWER DRIVE (RE#00023300-000000); PROVIDING FEES AND CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission seeks to preserve and promote affordable housing opportunities for local residents; and WHEREAS, the property at 712 714 716 Eisenhower Drive currently provides 11 affordable housing units, and granting an easement would encourage the property owner (s) to preserve the affordable housing use for the future; and WHEREAS, the City Commission has recommended this site to the Monroe County Land Authority, which is reviewing the feasibility of purchasing the property to ensure its ongoing status as affordable housing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AS FOLLOWS: Section 1: That an easement of approximately 3,200 square feet for the real property described in the attached specific Page 1 of 3 purpose survey prepared by Island Surveying, Inc. dated February 16, 2010 is granted subj ect to the execution of an easement agreement acceptable to the City Attorney, incorporating conditions described in section 2 below. Section 2: That the following conditions shall apply to the grant of easement: (1) The easement shall terminate upon the replacement of the structure and there shall be no expansion or further encroachments in the easement area. (2) That the City may unilaterally terminate the easement upon a finding of public purpose by vote of the Key West City Commission. (3) That the owner shall pay the yearly fee specified in Code of Ordinances section 2- 938, as may be amended from time to time. (4) That the owner shall irrevocably appoint the City Manager as its agen~ to permit the removal of the encroachment(s) if the yearly fee required by the Code of Ordinances is not paid. (5) That the easement shall terminate upon the failure of the property owner to maintain liability insurance in a minimum amount of one hundred thousand dollars (or such other amount as may legislatively be determined to be the maximum extent of sovereign immunity waiver) naming the City as an additional insured for that portion of real property which is the subject of this easement. (6) That approval of the easement is contingent upon deed-restricted, affordable use of the units on- site. (7) That the City reserves the right to construct an ADA compliant sidewalk and stormwater improvements within the easement Page 2 of 3 area. (8) That the easement area cannot be used in site size calculations such as lot, yard, and bulk calculations for site development. Section 3: That this Resolution shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the Commission. Passed and adopted by the City Commission at a meeting held this 6th day of April , 2010. Authenticated by the presiding officer and Clerk of the Commission on April 7 , 2010. Filed with the Clerk April 7 , 2010. C~AT~YOR ATTEST: C~~ Page 3 of 3 - - - ---'~. -: -- ---. .Ili:llif ~ - Specific Purpose Survey ~ a I j DSDf I .. ORNE (aJc.a. Salt PaM Jod) (W R/W) ,,;'~ .' _.c_ ...Itft. . ,,' ~r "-"--'-.'-"-"_ 'J:.-L - -"~"'Ai' -..,-: . ~ . -""oJ .1, 11\ = = (S41'27' 42- r d) t:J - &4nt~ . -..,.. -- ______ 2.11 ---- Ii 3J K- - - LOT SUfM.'I'OR's NOTES: North arrow boMd on C!Mumed m~lon R.t"enee georin9: R/W Angelo Street 3.4 d<<lotea ex'-tlng -.vat/on EJ.votlons based on /Ii.G.V.D. 1929 Datum Bench Uol1c No.:O-121 EIevotIon: J.914 WonumentGtIon: Aa Set P.l<. Nail. P.LS. No. 2749 A._ FOUnd P.I( Non. P,LS. No. 5234 . - FOUnd 1- I.P,. $- Set 1/2" 1.8.. PoLS. No. 2749 Field Worlc perlOll'lMd on: 2/21/08 !;~te 2/16/10 ~.,. r e-Od :".y... ~t, : ~:..s .:..0. a , ::i' ....c:J...'r:~5 . .:.It;;.....''d/ j..~ :"'1II!'''-III...tl t>tI(JCIII~t . ;\1 2 ~ ~ f J ",-- -----,.. " '" ,.... / _~' ,," t - . \ ..." "- . , '- '- '- 01 - - -- I I "'- ,c. PrARL Abtw~* Sty. - Story R/W - R1qht-of-Woy (d. - FOUnd p. - Plot m. - Weoauntd d. - o.eo N.r.s._ Not to Scale SJ~ (W IVtV) t - c.ntertfne EIev. - Elevation B.W. - Bench Marie o/h - OYerlteo<l F.FL- F1ni'" Floor Elevation Irr. - Irregular cone. - eoncnrte .-.....--- .~!_ 820ii ;;~ "/' 011" . ~Ni\::>/ >>\ ~ AOomo/IW. SUR\IEY's NOTEs: 1. Boundory information bcMd on eld8t/119 monument/on 2. R/W U". of EiMnhower based on existing 8c occupied location a. of February 21. 2008. 3. Property woe orvlnalv eurveyed by r.H. Hfldebrondt on . 6/25/87. ond Eisenhower wa. ot tha same loeotlon. 4. r.M. Hildebrondt surveyed property on Eisenho_ Driva on or about 1975. Eilenhower Drive woe ot tha SGme loeotIon then a. now. C.B.S.- Concrete Block Stucco COY'd. - Covered wd. - Wood Sa" - Balcony Pl. - Plant.,. ..../e . M ConditIoner ISLAND SUfM:YlNG INC. ... uat Pl..NNRI SUIM:fORS 3152 Northside Drive Suite 201 Kay West, Fl. 33040 (305) 29.3-0466 Fax. (305) 29J-0237 fhilde61 06e/lsouth .nat JJ040 ?n "0.. 1 0- 1 29 ~onro. County land Authority . 716 [;senho*er Drive. K Welt. Florida Specific Purpose Survey Aro,o bet.een Plotted R/W:k Existin SeC!.: 1 ~-.30' ::'11 ~'<X>d ~IJ"'. "0 .'-~i .~.~ ~ C..." 9Y: ...-........ .t,f Ir-.O~ ':.... ~' <'T. Block 91 Sheet 1 of 3 EISENHOWER DRIVE OT c-. (a.k.a. Salt Pond Road) (50' R/W) , \ 0-7.' - ..... ~.. '..~ iifi.~~ ~ /'- ':-. . !40Nfi';J\ PEARL ..... ~ ptott~ ll'~ 1..:11. / '\ ~ 99.02' / / \ \ .. ,/ ( ) ! -- -- '-- . to" . p. t h ---------- LOT 2 "'" Z II.. 0 i ! 5 t~ ....- -------'" .; . j 0 -----7 - .;J. / ....- bl I /..'" / 0 . """" g 0 , t ~ _./.0 / .. '"" -- I' . \ f I.&;: &,,; .. K J .. 0 \ . "- Ei - "- \ ...... "- "- "- ..... ti if> t z STREET (30' R/W) P.O.C. ~ Z Block 91 Ql .S _ \. :g 'S .g co (3 <I? G , co (/) . 0 (,) 0 ~~\ 0- - (/) - Monroe County Land Authority ; . i- 716 Einnho...,. Drive. K west. Florida JJO<40 Speciflc Purpose Survey o.tween Platted FUW ~ Ex R Seofll~ 1--20. Ref. PG'"4It No. 41-41) t f Dot.: 2/16/10 "'. 0<Id ...Ot'<< AE ~ AHO.OR AOOnlOHS .. 4' ISLAND SUIWEnNO INC. .. f_ Pl."... ~ .} "2 Nofth..:o. Or:v. Svit. 20 t j(.", WQt" fl. .3.30"0 (.30') 293-0464 'tn, (~) 293-0237 thilde6l ~~,flet Sheet 2 of .3 , ----- ~ R R ISO N BIG H T i~ ---- /:;j l.&J a:: tn 18 8 ~ DRIVE r ~ N.T,S. d ~ ~ - -- ( Solt Pond or Bay Rd.) _ OiL /,;C~~~ I::'~'O 4~C:"" <'.::;0- ~ .' (~ ;dl\&-~.' '. '$. lV' I ' \ /;.'> ~~> $ 5 ~ Q. ~ o li :) ~ FLORIDA STREET LOCATION MAP Benj. Albury's Sub. City of Key West NM b<<we<<I Plotted R/W and ExilItln9 R/W: P~ by undn9ned: ;.. porceI of IGnd on tM IIlond of I(ty w..t. known ot pcIf't of lot 1 . lot 2. of Square I, TI'OQt 7, ac:cotdI"9 to AIbufy'. aubdMaion of part of Tract 7, .. r~ In o..d 800lt '". Pov- 239, In tM PublIc R~. of ~ County, Florida, .old parcaI beIn9 ~ pal'tH;uloriy deactfbed oa followa: COWWEHCE at the IntwNctlon of tile No~ RIght of Woy Una 01 P8<<1 Street and tile ~ Ri9"t of Way LIne of Newton SIrMt; thence N 44'9'5$" e: along tM lIOId Northwet<<ty RI4Irt_f-WG)' LIne of Newton SUe<< f<< 150.oe feet to tile plOtted Rlg/It-ot-Way line of ElNnllow.,. Orlw and the Point of 8eQInnln9: tIMnce continue H 44'M'S3' e: along tM .old NofUl-wty Rlg/It-of-Woy Una of Newton strNt for J!l.2e fNt to the Southwaterty RIght-of-Way line of ElHntloww Drive Ga exlat1n9 and conatn.ct.d: tIMnc:e H ""'45'07" W along the .old ~etly Ri9ht-ot-Way line of El~ Drive oa eldetln9 and conatrvcted lor 98.00 feet; tIMnce S "'!la'OO" W for 2t.4S feet to tile platted Rl9/lt-of-Way Una of ~ DIM; tIIence H 41'24'22" e: aIon9 tM .old plotted RIoht-of-WG)' line of El..mower Drive for GG.o2 feet to the ~Id ~ rlQht-ot-WG)' lne of Newton strMt and tile Point of ~. ContGInlnv 3200.21 aqvore fNt. _ Of' ..... CERTIFICATION: I HEREBY CERTIFY that the is true and correct to the technical standords odopt Florida Statute Sec on 4 there are no visib ttached Specific Purpose Survey est of my knowledge and belief; that it meets the minImum by the Florida Board of Land Surveyors, Chapter 61 G 17 -6, .027, and the American Land Title Association, and that c ments unless shown hereon. FREDERICK H. HI D T Professional Land Surveyor & Mapper No. 2749 Professional Engineer No. 36810 State of Florida NOT .vALID UNLESS EMBOSSED WITH RAISED SEAL de SIGNATURE Monroe County land Authority i. . ~ 716 Eisenhower Drive. Ke West, Florida 33040 Specific Purpose Survey between Plotted R Ref. 41-49 Dot.: 2/16/10 file REVISIONS AND OR ADDITIONS ,. Scole: 1"-20' Block 91 ISLAND SURVEYING INC. - ---'11::I fIUflI.. SUlM:fORS J1~2 North~de Drive Suit. 201 Key West, FI, 33040 (305) 293-0<4-6e Fox. (3(5) 29.3-0237 fhilde6106el/south.net of 3 C DUrnase SUrvAV LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: Julv 21. 2010 Division: Land Authoritv Bulk Item: Yes No..L Contact / Phone #: Mark Rosch /295-5180 Agenda Item Wording: Approval of a resolution concerning the transfer of funds. Item Background: The proposed resolution will transfer $975,000 from funds in the Land Authority budget currently appropriated for the purchase of property in Key West to funds appropriated for mortgage loans for property in Key West. This budget transfer is necessary prior to issuing mortgage loans to finance the Key West Housing Authority's purchase of 712-716 Eisenhower Drive and 703-705 Pearl Street for affordable housing. Advisory Committee Action: N/A Previous Governing Board Action: N/A Contract/Agreement Changes: N/A Staff Recommendation: Approval Total Cost: $_ Indirect 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 RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY CONCERNING THE TRANSFER OF FUNDS. WHEREAS, it is necessary for the Monroe County Comprehensive Plan Land Authority to make budgeted transfers in the Land Authority Budget for the Fiscal Year 2010; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY that there shall be transfers of amounts previously set up in the Land Authority Budget for the Fiscal Year 2010 as hereinafter set forth to and from the following accounts: From: For the Amount: To: Capital Outlay - Property in Key West ACSC $975,000.00 Grants and Aid (Mortgages) - Property in Key West ACSC BE IT RESOLVED BY SAID BOARD that the Executive Director is hereby authorized and directed to make the necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting held on this _ day of , 2010. (Seal) ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Mark J. Rosch Executive Director Kim Wigington Chairman Approved for Legal Sufficiency Larry R. Erskine LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: Julv 21. 2010 Division: Land Authoritv Bulk Item: Yes No..L Contact / Phone #: Mark Rosch 1295-5180 Agenda Item Wording: Approval of a resolution authorizing the issuance of two mortgage loans to The Housing Authority of the City of Key West to finance the purchase of 1911-1913 Patterson Avenue in Key West as an affordable housing site. Item Background: The Key West City Commission has nominated the subject property via Resolution 10-053. The property is a 7,000 square foot lot developed with a three-bedroom duplex built in the 1950's. The Housing Authority of the City of Key West (KWHA) has entered into a contract to purchase the site for $400,000. A.H. of Monroe County, Inc. (AH), formerly known as AIDS Help, Inc., plans to lease the property from KWHA and manage the property as affordable rental housing for persons living with HIV/AIDS and affected family members. Under the proposed resolution the Land Authority will finance $205,000 or 51 % of KWHA's purchase price by issuing two mortgage loans to KWHA. One loan will be a zero interest $105,000 balloon due in 30 years, while the other loan will be a zero interest $100,000 soft balloon that will be forgiven in 30 years provided the property continues to be affordable housing and is not sold. AH will finance the $195,000 (49%) balance of the purchase price plus $5,000 for closing costs by obtaining a mortgage loan from a bank on the leasehold estate. The deed into KWHA will restrict use of the property to affordable rental housing for families whose income does not exceed 160% of area median income in accordance with the Land Authority's statute. The bank loan will be superior to the Land Authority loans but it will not be superior to the affordable housing deed restrictions. Advisory Committee Action: On 6/28/10 the Committee voted 3/0 to approve the resolution, subject to staff review and approval of the lease agreement between KWHA and AH. Previous Governing Board Action: The Board approved adding this property to the Acquisition List on 9/16/09. Contract/Agreement Changes: NIA Staff Recommendation: Approval Total Cost: $ 205.000 Indirect Cost: $ Budgeted : Yes No ..L. Cost to Land Authority: $ 205.000 Source of Funds: Land Authoritv (Tourist Impact Tax collected in Key West) Approved By: Attorney ~ County Land Steward _' Documentation: Included:...x..- To Follow: Not Required: Disposition: Agenda Item Documentation Included: Pages 3-16 Pages 17-40 Page 41 Pages 42-47 Proposed Land Authority Resolution with Exhibits A, B, and C Key West City Commission Resolution 10-053 Nominating the Property (including Proposal by A. H. of Monroe County and Key West City Planning Department Pre-Application Letter) Aerial Photograph of Subject Property Ground Photographs of Subject Property RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING THE ISSUANCE OF TWO MORTGAGE LOANS TO THE HOUSING AUTHORITY OF THE CITY OF KEY WEST TO FINANCE THE PURCHASE OF 1911-1913 PATTERSON AVENUE IN KEY WEST AS AN AFFORDABLE HOUSING SITE. WHEREAS, section 380.0666(3), Florida Statutes, and section 2-398(6), Monroe County Code, empower the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority") to acquire an interest in real property for the purpose of providing affordable housing to families whose income does not exceed 160 percent of median family income of the area; and WHEREAS, Key West City Commission Resolution 10-053 nominates a duplex located at 1911- 1913 Patterson Avenue in Key West (hereinafter "subject property") as a proposed affordable housing acquisition in partnership with The Housing Authority of the City of Key West (hereinafter "KWHA") and A.H. of Monroe County, Inc. (hereinafter "AH"); and WHEREAS, the Land Authority desires to subsidize KWHA's acquisition of the subject property in a manner that leverages Land Authority funds; and WHEREAS, the Land Authority Advisory Committee considered this resolution at a meeting held June 28, 2010, and voted 3/0 to recommend approval subject to Land Authority staff review and approval of the lease agreement between KWHA and AH; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY: Section 1. The Land Authority is authorized to issue two mortgage loans totaling $205,000 to finance KWHA's purchase of the subject property provided all of the following requirements are met. a) KWHA's purchase price for the subject property shall not exceed $400,000. b) AH's institutional first mortgage encumbering the leasehold interest of the subject property shall not exceed $200,000. c) Of the $205,000 disbursed by the Land Authority, $105,000 shall be secured by a 30-year, zero interest balloon second mortgage executed by KWHA in favor of the Land Authority as shown in Exhibit A. Said mortgage shall be subordinate to the above referenced institutional first mortgage. d) The $100,000 balance of the funds disbursed by the Land Authority shall be secured by a 30-year, soft third mortgage executed by KWHA in favor of the Land Authority as shown in Exhibit B. Said mortgage shall be subordinate to the above referenced institutional first mortgage. [The remainder of this page is blank.] Page 1 of 2 e) The deed into KWHA shall include deed restrictions in favor of the Land Authority as shown in Exhibit C. Said deed restrictions shall be superior to all mortgages and shall not be subordinated. PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this day of 2010. (Seal) ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Mark J. Rosch Executive Director Kim Wigington Chairman Approved for Legal Sufficiency Larry R. Erskine Page 2 of 2 EXHIBIT A TO RESOLUTION: Note and Mortgage PROMISSORY NOTE Key West, Florida Date: AMOUNT: $105,000.00 FOR VALUE RECEIVED the undersigned promises to pay to the order of MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, 1200 Truman Avenue, Suite 207, Key West, Florida, 33040, the principal sum of ONE HUNDRED FIVE THOUSAND and 00/100 DOLLARS ($105,000.00), without interest. The payment of the entire principal balance of ONE HUNDRED FIVE THOUSAND and 00/100 DOLLARS ($105,000.00) is due and payable Thirty (30) years from the date hereof. The right is reserved to the maker of this note to prepay all or any part of the principal indebtedness represented hereby. The makers and endorsers of this note further agree to waive demand, notice of non-payment and protest, and in the event suit shall be brought for the collection hereof, or the same has to be collected upon demand of an attorney, to pay reasonable attorney's fees for making such collection, and/or attorney's fees and costs incurred by payee, or holders hereof in prosecuting or defending litigation to effect collection, including costs and attorney's fees in appellate courts. This note is secured by a mortgage of even date herewith and is to be construed and enforced according to the laws of the State of Florida; upon default in the payment of principal and/or interest when due, the whole sum of principal and interest remaining unpaid shall at the option of the holders, become immediately due and payable. Failure to exercise this option shall not constitute a waiver of the right to exercise the same in the event of subsequent default. This is a nonrecourse loan and the payee shall look solely to the property securing same for payment. The Housing Authority of the City of Key West, Florida By: Title: This Instrument Prepared By and return after recording to: Larry R. Erskine 1200 Truman Avenue, Suite 207 Key West, FL 33040 THIS MORTGAGE DEED Executed the_day of , 2010 A.D., by The Housing Authority of the City of Key West, Florida, hereinafter called the mortgagor(s), to MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority under Section 380.0663(1), Florida Statutes, and Monroe County Ordinance No. 031-1986, whose address is 1200 Truman Avenue, Suite 207, Key West, FL, 33040. hereinafter called the mortgagee(s): (Wherever used herein the terms "mortgagor" and "mortgagee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporation; and the term "note" includes all the notes herein described ifmore than one). WITNESSETH, that for good and valuable consideration, and also in consideration of the aggregate sum named in the promissory note of even date herewith, hereinafter described, the Mortgagor(s) does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the Mortgagee(s), in fee simple, all the certain tract ofland of which the Mortgagor is now seized and possessed, and in actual possession, situate in MONROE County, Florida, viz: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. THIS IS A SECOND MORTGAGE. TO HA VE AND TO HOLD the same, together with the tenements, hereditaments and appurtenances thereto belonging, and the rents, issues and profits thereof, unto the mortgagee in fee simple. AND the mortgagor covenants with the mortgagee that the mortgagor indefeasibly seized of said land in fee simple; that the mortgagor has full power and lawful authority to convey said land in fee simple as aforesaid; that the mortgagor will make such further assurances to perfect the fee simple title to said land in the mortgagee as may reasonably be required; that the mortgagor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free and clear of all encumbrances. PROVIDED AL WAYS that if said mortgagor shall pay unto said mortgagee the certain promissory note hereinafter substantially copied or identified to wit: SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. and shall perform, comply with and abide by each and every the agreements, stipulations, conditions and covenants thereof, and of this mortgage, then this mortgage and the estate hereby created, shall cease, determine and be null and void. AND the mortgagor hereby further covenants and agrees: 1. To pay promptly, all and singular, when due the principal and interest and other sums of money provided for in said note and this mortgage, or either. 2. To pay all and singular the taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said property each and every, and if the same be not promptly paid the said mortgagee may at any time pay the same without waiving or affecting the option to foreclose or any right hereunder, and every payment so made shall bear interest from the date thereof at the rate ofthe highest rate allowable by law. 3. To pay all and singular the costs, charges, and expenses, including lawyer's fees, reasonably incurred or paid at any time by said mortgagee because of the failure on the part of the said mortgagor to perform, comply with and abide by each and every the stipulations, agreements, conditions and covenants of said note and this mortgage, or either, and every such payment shall bear interest from date at the highest rate allowable by law. 4. To keep the buildings now or hereafter on said land fully insured in a sum of not less than the highest insurable value to include Fire, Wind and Flood, in a company or companies acceptable to the mortgagee, and the policy or policies to be held by, and payable to, said mortgagee, and in the event any sum of money becomes payable by virtue of such insurance the mortgagee shall have the option to receive and apply the same on account of the indebtedness hereby secured or to permit the mortgagor to receive and use it, or any part thereof, for other purposes, without thereby waiving or impairing any equity lien or right under or by virtue of this mortgage, and may place and pay for such insurance or any part thereof, without waiving or affecting the option to foreclose or any right hereunder, and each and every such payment shall bear interest from date at the highest rate allowable by law. 5 . To permit, commit or suffer no waste, impairment or deterioration of said land or the improvements thereon at any time. 6. To perform, comply with and abide by each and every the stipulations, agreements, conditions and covenants in said promissory note and in this mortgage as set forth. 7. If any sums of money herein referred to be not promptly paid within THIRTY (30) days next after the same severally becomes due and payable, or if each and every the agreements, stipulations, conditions and covenants of said note and this mortgage, or either, are not duly performed, complied with and abided by, the said aggregate sum mentioned in said promissory note then remaining unpaid shall become due and payable forthwith or thereafter at the option ofthe mortgagee as fully and completely as if the said aggregate sum of the then remaining balance was originally stipulated to be paid on such day, anything in said note or herein to the contrary notwithstanding. 8. The mortgagee may, at any time while a suit is pending to foreclose or to reform this mortgage or to enforce any claims arising hereunder, apply to the court having jurisdiction thereof for the appointment of a receiver, and such court shall forthwith appoint a receiver of the premises and all other property covered hereby, including all and singular the income, profits, rents, issues and revenues from whatever source derived, and such receiver shall have all the broad and effective functions and powers in anywise entrusted by a court to a receive and such appointment shall be made by such court as an admitted equity and a matter of absolute right to said mortgagee, and without reference to adequacy or inadequacy of the value of the property mortgaged or to the solvency or insolvency of said mortgagor or the defendants, and such income, profits, rents, issues and revenues shall be applied by such receiver according to the lien of this mortgage and the practice of such court. 9. Mortgagee, at their expense, shall provide mortgagor with a Satisfaction of Mortgage, in recordable form upon receipt of full payoff of this mortgage and note. 10. If all or any part of the subj ect property or any interest in it is sold or transferred, then this mortgage and the note which it secures shall be immediately due and payable at the option of the mortgagee. 11. Neither the Mortgagor nor any of its partners shall have any personal liability for the payment of any portion of the indebtedness evidenced by his Mortgage. In the event of default by the Mortgagor under this mortgage the sole remedy of the Mortgagee shall be limited to exercising its rights under the mortgage to foreclose upon the property secured hereby but shall not include a right to proceed directly against the Mortgagor or any of its partners. IN WITNESS WHEREOF, the said mortgagor has hereunto signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: (TWO WITNESSES REQUIRED) Witness Sign & Print Name THE HOUSING AUTHORITY OF THE CITY OF KEY WEST, FLORIDA By: Witness Sign & Print Name Title: STATE OF FLORIDA ) COUNTY OF MONROE ) The foregoing instrument was acknowledged before me this day of ,2010, by , to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed same. He is personally known to me or has produced as identification. Notary Public (Seal) Printed, typed or stamped Notary Name My Commission Expires: EXHIBIT B TO RESOLUTION: Note and Soft Mortgage This instrument was prepared by: Larry R. Erskine 1200 Truman Avenue, Suite 207 Key West, FL 33040 Exhibit A PROMISSORY NOTE Date: Property Address: THE HOUSING AUTHORITY OF THE CITY OF KEY WEST, FLORIDA 1911-1913 Patterson Avenue, Key West, FL 33040 Name: 1. BORROWER'S PROMISE TO PAY THE HOUSING AUTHORITY OF THE CITY OF KEY WEST, FLORIDA (the Borrower) promises to pay ONE HUNDRED THOUSAND DOLLARS ($100,000.00) (this amount will be called "principal") to the order of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority under section 380.0663(1), Florida Statutes, and Monroe County Ordinance Number 031-1986, whose address is 1200 Truman Avenue, Suite 207, Key West, Florida 33040 (the "Lender,") or to any other holder of this Note. Borrower understands that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder. " 2. INTEREST Interest on this Note shall be zero percent (0%) per annum; except that if Borrower fails to payor otherwise satisfy this Note as required, the interest rate shall be twelve percent (12%) per annum from the date when payment ofthis Note is due until Borrower pays it in full. 3. PAYMENTS The loan will be a deferred payment loan for a period of thirty (30) years with a zero % interest rate. The entire loan balance will be forgiven thirty (30) years from the date hereof and the limitations and conditions contained in the mortgage executed simultaneously with this note shall be released thirty (30) years from the date hereof; provided however, the loan will be due and payable in full upon the sale or transfer of the property or failure to comply with the terms of the mortgage executed simultaneously with this note or failure to comply with the affordable housing deed restrictions on Borrower's deed. 4. BORROWER'S PAYMENT BEFORE THEY ARE DUE Borrower has the right to make payment in full on this Note at any time before it is due. Such payment is known as a "full payment." No partial prepayments can be made at any time on the principal of the loan. When Borrower makes full prepayment, Borrower will advise the Note Holder in a letter that it is doing so. 5. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Default If Borrower does not pay the full amount as required in Section 3 above, Borrower will be in default. If borrower is in default, the Note Holder may bring about any actions not prohibited by applicable law and require Borrower to pay Holder's cost and expenses as described in Section 5(B) below. (B) Payment of Note Holder's Costs and Expenses If the Note Holder takes such actions as described in Section 5(A) above, the Note Holder will have the right to be paid back for all of its cost and expenses, including but not limited to reasonable attorney's fees. 6. THIS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note Holder under this Note, a Mortgage, dated ,2010 protects the Note Holder from possible losses that might result if Borrower does not keep the promises that Borrower makes in this Note. That Mortgage describes how and under what conditions Borrower may be required to make immediate payment in full of all amounts that Borrower owes under this Note. 7. BORROWER'S WAIVER Borrower waives its rights to require the Note Holder to do certain things. Those things are: (A) to demand payment of amount due (known as "presentment"); (B) to give notice that amounts have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of nonpayment (known as a "protest.") 8. GIVING OF NOTICES Any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by certified or registered mail, postage prepaid, addressed to Borrower at the Property address above. A notice will be mailed to the Note Holder at a different address if Borrower is given a notice ofthat different address. The Housing Authority of the City of Key West, Florida By: Title: This instrument was prepared by: Larry R. Erskine 1200 Truman Avenue, Suite 207 Key West, FL 33040 THIRD MORTGAGE (Due on Sale or Refinancing) This third mortgage is made this _ day of , 2010 between the Mortgagor, THE HOUSING AUTHORITY OF THE CITY OF KEY WEST, FLORIDA, (herein the "Borrower,") and the Mortgagee, MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority under section 380.0663(1), Florida Statutes, and Monroe County Ordinance Number 031-1986, whose address is 1200 Truman Avenue, Suite 207, Key West, Florida 33040 (herein the "Lender.") WHEREAS, the Borrower has applied to the Lender for a loan in the original principal amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00), the "Loan," and WHEREAS, the Borrower is indebted to Lender in the principal sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00), which indebtedness is evidenced by the Borrower's Promissory Note dated , 2010, Exhibit A and extensions and renewals thereof (herein ''Note,'') providing for forgiveness of the principal indebtedness if not sooner paid, on , 2040. TO SECURE to the Lender the repayment of the indebtedness evidenced by the Note: the payment of all other sums, advanced in accordance herewith to protect the security of this Mortgage: and the performance of the covenants and agreements of the Borrower herein contained the Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County of Monroe, State of Florida: SEE EXHIBIT B ATTACHED HERETO Which has the address of 1911-1913 Patterson Avenue, Kev West FL 33040 (herein the "Property Address.") TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, and rents all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." BORROWER COVENANTS, represents and warrants to the Lender and its successors and assigns that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and the Property is unencumbered, except for the mortgage lien of the first and second mortgages, and for other encumbrances of record. Borrower covenants, represents and warrants to the Lender and its successors and assigns that Borrower will defend generally the title to the Property against all claims and demands, subject to the mortgage lien of the first and second mortgages and other encumbrances of record. BORROWER FURTHER COVENANTS and agrees with the Lender as follows: 1. Payment. The Borrower shall promptly pay when due the indebtedness evidenced by the Note, Exhibit A. 2. Prior MortQ:aQ:es and Deeds of Trust: CharQ:es: Liens. Lender and Borrower acknowledge and agree that this Mortgage is subject and subordinate in all respects to the liens, terms, covenants and conditions of any prior Mortgage and to all advances heretofore made. The Borrower shall perform all of the Borrower's obligations under any prior Mortgage and any other mortgage, deed of trust or other security agreement with a lien that has priority over this Mortgage, including the Borrower's covenants to make payments when due. The Borrower shall payor cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property that may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 3. Hazard Insurance. The Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as the Lender may require and in such amounts and for such period as the Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by the Lender, provided that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to the Lender and shall include a standard mortgage clause in favor of, and in a form acceptable to the Lender. The Lender shall have the right to hold the policies and renewals thereof, subject to the terms of the First Mortgage and any other mortgage, deed of trust or other security agreement with a lien that has priority over this Mortgage. In the event of loss, the Borrower shall give prompt notice to the insurance carrier and to the Lender. The Lender may make proof of loss if not made promptly by the Borrower. If the Property is abandoned by the Borrower, or if the Borrower fails to respond to the Lender within thirty (30) days from the date notice mailed by the Lender to the Borrower that the insurance carrier offers to settle a claim for insurance benefits, the Lender is authorized to collect and apply the insurance proceeds at the Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 4. Preservation and Maintenance of Prooertv: Leaseholds The Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold improvement. 5. Protection of Lender's Security. If the Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced that materially affects the Lender's interest in the Property. Then the Lender, at the Lender's option upon notice to the Borrower, may make such appearances, disburse such sums, including reasonable attorney's fees, and take such action as is necessary to protect the Lender's interest in the Property. Any amounts disbursed by the Lender pursuant to this Paragraph 5, with interest thereon, at the rate of twelve percent (12%) per annum, shall become additional indebtedness of the Borrower secured by this Mortgage. Unless the Borrower and the Lender agree to other terms of payment, such amounts shall be payable upon notice from the Lender to the Borrower requesting payment thereof. Nothing contained in this Paragraph 5 shall require the Lender to incur any expense or take any action hereunder. 6. InsDection. The Lender may make or cause to be made reasonable entries upon the inspections of the Property, provided that the Lender shall give Borrower notice prior to any such inspection specifying reasonable cause to the Lender's interest in the Property. 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to the Lender, subject to the terms of any mortgage, deed of trust or to the security agreement with a lien that has priority over this Mortgage. 8. Borrower Not Released: Forbearance bv Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by the Lender to any successor in interest of the Borrower shall not operate to release, in a manner, the liability of the original Borrower and the Borrower's successors in interest. The Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and the Borrower's successors in interest. Any forbearance by the Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 9. Successors and Assi2:ns Bound: Joint and Several Liabilitv: Co-Si2:ners. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns for the Lender and the Borrower, subject to the provisions of Paragraph 14 hereof. 10. Notice. Except for any notice required under applicable law to be given in another manner: (a) any notice of the Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified or registered mail, postage prepaid, addressed to the Borrower at the Property Address or at such other address as the Borrower may designate by notice to the Lender as provided herein. 11. Governin2: Law: Severability: Costs. This Mortgage shall be governed by the laws of the State of Florida, and, to the extent applicable hereto, the laws and regulations of the United States of America. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict provision, and to this and the provisions of this Mortgage or the Note that can be given effect without the conflicting provision, and to this and the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses," and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 12. Borrower's CODY. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 13. Transfer of the ProDertv. If all or any part of the Property or any interest in it is sold, transferred, gifted or otherwise conveyed, whether by voluntary act, involuntarily, by operation of law or otherwise, or if the Borrower is divested of title by judicial sale, levy or other proceeding, or if foreclosure action is instituted against the Property, all sums secured by this Mortgage shall immediately become due and payable as provided herein. 14. Acceleration. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than thirty (30) days from the date the notice is given provided in Paragraph 10 hereof within which the Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, the Lender may invoke any remedies permitted by this Mortgage without further notice or demand on the Borrower. 15. Remedies. Except as provided in Paragraph 14 hereof, upon the Borrower's breach of any covenant or agreement of the Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, the Lender, at the Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Prior to taking any defaults action including acceleration of this Mortgage, the Lender shall give notice to senior lien holders and to the Borrower as provided in Paragraph 10 hereof specifying (1) the breach (if the breach is curable; (2) the action required to cure such breach; (3) a date, not less than ten (10) days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. The Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees, court costs, and costs of documentary evidence, abstracts and title reports. 16. Borrower's Ri2:ht to Reinstate. Notwithstanding the Lender's acceleration of the sums secured by this Mortgage due to the Borrower's breach, the Borrower shall have the right to have any proceedings begun by the Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) the Borrower pays the Lender all sums that would be then due under this Mortgage and the Note had no acceleration occurred; (b) the Borrower cures all breaches of any other covenants or agreements of the Borrower contained in this Mortgage; (c) the Borrower pays all reasonable expenses incurred by the Lender in enforcing the covenants and agreements of the Borrower contained in this Mortgage, and in enforcing the Lender's remedies as provided in Paragraph 15 hereof, including, but not limited to, reasonable attorneys' fees and court costs; and (d) the Borrower takes such action as the Lender may reasonably require to assure that the lien of this Mortgage, the Lender's interest in the Property and the Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by the Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 17. Assi2:nment of Rents; Appointment of Receiver. As additional security hereunder, the Borrower hereby assigns to the Lender the rents of the Property, provided that the Borrower shall, prior to acceleration under Paragraph 14 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under Paragraph 14 hereof or abandonment of the Property, the Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to the payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sum secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 18. Release. Upon satisfaction of the conditions and terms of the note secured by this mortgage, including but not limited to payment of all sums there under, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 19. Attornevs' Fees. As used in this Mortgage and in the Note, "attorneys' fees" shall include attorneys' fees, if any, incurred in connection with the collection or enforcement of this Mortgage or of the Note, whether or not suit is brought and whether incurred at trial, on appeal, in bankruptcy proceedings or otherwise. IN WITNESS WHEREOF, the Borrower has executed this Mortgage. Signed, sealed, and delivered in the presence of: (TWO WITNESSES REQUIRED) Witness Sign & Print Name THE HOUSING AUTHORITY OF THE CITY OF KEY WEST, FLORIDA By: Witness Sign & Print Name Title: STATE OF FLORIDA ) COUNTY OF MONROE ) The foregoing instrument was acknowledged before me this day of ,2010, by , to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed same. He is personally known to me or has produced as identification. Notary Public (Seal) Printed, typed or stamped Notary Name My Commission Expires: EXHIBIT C TO RESOLUTION: Deed Restrictions 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 rental 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. RESOLUTION NO. 1 0-0 'i 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, RENOMINATING PROPERTY LOCATED AT 1911-1913 PATTERSON AVENUE FOR ACQUISITION BY THE MONROE COUNTY LAND AUTHORITY FOR AFFORDABLE HOUSING RENTAL UNITS; PROVIDING REQUIREMENTS; PROVIDING REPEAL OF RESOLUTION 09-209 TO THE EXTENT OF CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the City Commission passed resolution 09-209, which nominated property located 1911-1913 Patterson Avenue, hereinafter ("subject property",) for inclusion on the Land Authority Acquisition List as a potential affordable housing site to be acquired by the Monroe County Land Authority. WHEREAS, by letter dated January 21, 2010, the executive director of the Monroe County Land Authority suggested to the City Manager that resolution 09-209 be revised to provide a request for a conveyance to a government partner in accordance with a newly enacted Land Authority policy; and WHEREAS, it continues to be the desire of the City Commission of the City of Key West, Florida to provide additional workforce housing within the City while working collaboratively with the Monroe County Land Authority as a funding agency. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AS FOLLOWS: Section 1: The City Commission hereby renominates the property located at 1911-1913 Patterson Avenue, hereinafter Page 1 of 2 (.subject property",) for inclusion on the Land Authority Acquisi tion List as a potential affordable housing si te to be acquired by the Monroe County Land Authority. Section 2: In the event the Land Authori ty is able to acquire the subject property, the City Commission hereby requests that the Land Authority convey the subject property to the Key West Housing Authority with a subsequent lease to A.H. of Monroe County, Inc. (a/k/a Aids Help) to operate as affordable rental units for eligible HIV/AIDS clients. Section 3: That the provisions of Resolution 09-209 which are in conflict wi th this Resolution are superseded and repealed to the extent of such conflict. Section 4: That this Resolution shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the Commission. Passed and adopted by the City Commission at a meeting held this 10th day of Fphrw=lry , 2010. Authenticated by the presiding officer and Clerk of the Commission on February 17 , 2010. Filed with the Clerk F'i'brll::>ry 17 , 2010. C~~YOR ~~ CHERYL SMI ,CITY CLERK Page 2 of 2 @ "-.." MONROE COUNTY LAND AUTHORITY January 21, 2010 1200 TRUMAN A VENUE, SUITE 207 · KEY WEST, FLORIDA 33040 PHONE (305) 295-5180 · FAX (305) 295-5181 Mr. Jim Scholl, City Manager City of Key West 525 Angela Street Key West, FL 33040 Re: 712-716 Eisenhower Drive and 1911-1913 Patterson Avenue Affordable Housing Sites Dear Mr. Scholl: The Monroe County Land Authority is in receipt of Key West City Commission Resolutions 09- 089 and 09-209 and has been working toward the acquisition of the above referenced properties for affordable housing in partnership with Habitat for Humanity of Key West and Lower Florida Keys, Inc. and A. H. of Monroe County, Inc. (a/k/a AIDS Help). However, the recent audit report of the Bahama Conch Community Land Trust has caused MCLA to reconsider its practice of conveying affordable housing sites directly to private partners. Since 2005 the MCLA policy in the Florida Keys Area of Critical State Concern has been to convey affordable housing sites to only government partners. On December 16, 2009, in light of the concerns raised in the BCCL T audit, the Land Authority Governing Board voted to extend this policy to the Key West Area of Critical State Concern as well. Accordingly, the Board also voted to postpone consideration of the 712-716 Eisenhower Drive acquisition until such time as the transaction is restructured as a conveyance to a government partner. Based on this direction I suggest that the acquisition plans described in Resolutions 09-089 and 09-209 be revised to include conveyance of the properties to the Key West Housing Authority and subsequent leases to Habitat for Humanity and AIDS Help. Based on preliminary discussions with the parties copied below this revised acquisition plan appears to be a feasible alternative. Per our discussion attached please find revised resolutions for the City Commission's consideration. Sincerely, ~'\0-- Mark J. Rosch Executive Director cc: Manuel Castillo, Key West Housing Authority Bob Calhoun, Habitat for Humanity of Key West and Lower Florida Keys Robert Walker, AIDS Help RESOLUTION NO. 09-209 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, NOMINATING PROPERTY LOCATED AT 1911-1913 PATTERSON AVENUE FOR ACQUISITION BY THE MONROE COUNTY LAND AUTHORITY FOR AFFORDABLE HOUSING RENTAL UNITS; PROVIDING REQUIREMENTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS it is the desire of the City Commission of the City of Key West, Florida to provide additional workforce housing within the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AS FOLLOWS: Section 1: The City Commission hereby nominates the property located at 1911-1913 Patterson Avenue, hereinafter (~subject property",) for inclusion on the Land Authority Acquisition List as a potential affordable housing site to be acquired by the Monroe County Land Authority. Section 2: In the event the Land Authority is able to acquire the subject property, the City Commission hereby requests that the Land Authority subsequently convey the subject property to A.H. of Monroe County, Inc. (a/k/a Aids Help) to operate as affordable rental units for eligible HIV/AIDS clients. 1 Section 3: That this Resolution shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the Commission. Passed and adopted by the City Commission at a meeting held this 4th day of August , 2009. Authenticated by the presiding officer and Clerk of the Commission on August 5 , 2009. Filed with the Clerk August 5 , 2009. MORGAN 2 A Purchase Proposal: Multi-Family Affordable Housing for consideration by the Monroe County Land Authority Submitted by: A.H. of Monroe County, Inc. May 2009 PROPOSAL INDEx mM Proposal Abstract -Purpose of Project -Project Address -Property Owner(s) -Property Legal Description -Type of Housing - Type of Structures -Description of Units -Current Occupancy -Relocation Issues -Purchase Price Project Need -Needs Assessment -Unit Category Chart -Who are the HIV/AIDS Disabled -Meeting a Community Need -Preparing for the Future -Housing is Healthcare ATTACHMENTS -Attachment A, Property Survey -Attachment S, Seller Letter of Interest -Attachment C, AIDS Help Response Letter ~ 1 2 3 3-4 4 4-5 5 6 7 8 PROPOSAL ABSTRACT Purpose of the Project: A.H. of Monroe County, Inc. (AIDS Help) would like to submit for consideration a purchase proposal for two (2) living units of affordable housing for the eventual use of persons living with HIV/AIDS and affected family members in Monroe County, Florida. Project Address: 1911-1913 Patterson Avenue, Key West Current Owner(s) of Property: David Franklin Williams and Louanna R. Williams Property Legal Description: Lot 3, Block 1, Sunshine Subdivision Plat No.3, according to Plat thereof as recorded in Plat Book 2, Page 169 of the Public Records of Monroe County, Florida. Type of Housing: Multi-family housing to be used as affordable rental units for individuals and families Type of Structure: -Total one duplex structure -One (1) one Story CBS structure -Structure built in early 19505 Description of Units: -Total two (2) rental units -Two (2) three-bedroom, one bath units, 2,400 sq. feet each -Lot Size 7,000 square feet Current Occupancy (April 2009): The two (2) units currently occupied Relocation Issues: None. Current residents will be allowed to remain in affordable rental units. As units are vacated by current tenants and become available at the complex, AIDS Help will offer the units to appropriate and eligible HIV/AIDS clients. Purchase Price: $550,000.00 -1- PROJECT NEED During the first quarter of 2009, the AIDS Help Board of Directors conducted an in-depth review of the current housing need of persons living with HIV/AIDS and affected families in Key West and Monroe County, Florida. The directors also asked staff to provide a projection and analysis of future housing needs over the next five years and recommendations for the most appropriate type of housing for persons living with HIV/AIDS. Needs Assessment In February of 2009 AIDS Help had a total caseload of 339 clients. There were 163 clients who were Social Security defined disabled with incomes less than 15% of Federal Poverty Level, all of whom could benefit from Low-Income housing. In addition staff found that 99 active clients were working in gainful employment across the Florida Keys and would be eligible for Affordable Housing. During the month of February, 159 active clients received emergency shelter assistance, short-term rental and long term housing assistance from AIDS Help. AIDS Help housing wait lists contained 102 transitionally housed or homeless persons waiting for safe, appropriate, and affordable housing. At the present time AIDS Help owns and operates 32 independent living units for very low and low-income disabled clients located on four separate parcels of land in Key West, Florida. Another 14 housing units are currently under construction that will house homeless persons living with an AIDS disability, which should be ready for occupancy by June 30, 2009. Additionally, AIDS Help has joined with the city of Key West and the Florida Housing Finance Corporation to construct 50 affordable independent living units for persons living with HIV/AIDS on vacant property at Poinciana Plaza in Key West, which should be ready for occupancy during the first quarter of 2011. The total universe of AIDS Help clients currently eligible for affordable housing units including clients with income less than 150% of Federal Poverty Level is 262 individuals. The total universe of clients currently in need of permanent housing opportunities and on waiting lists at the agency is 102 clients and growing daily because of economic circumstances. The chart on the following page will demonstrate the category of units necessary to meet critical needs of persons living with HIV / AIDS in Monroe County and family members affected by the disease. -2- Chart #1: Affordable Housing Need Analysis Chart by Category Housing Unit Current Number of Projected Need Units Needed Thru 2011 Category (February 2009) One Bedroom Units 122 135 Two Bedroom Units 35 41 Three Bedroom Units 8 10 TOTALS 165 186 By analyzing historical housing data, AIDS Help believes that construction efforts by the agency will fall short of projected need for all types of housing unit categories. By 2011 AIDS Help will have available 89 permanent one-bedroom units, four (4) two-bedroom units, and one (1) three-bedroom unit. Utilizing needs data and historical housing information as demonstrated in Chart # 1 the AIDS Help staff recommended and the board of directors prioritized and authorized a proposal be developed to the Monroe County Land Authority for the immediate purchase of two-bedroom and one-bedroom rental properties that can be utilized as affordable housing for persons living with HIV/AIDS from throughout Monroe County. The Williams Patterson Avenue proposal would provide for purchase of two (2) three- bedroom rental apartments that will eventually be utilized as permanent and affordable supportive housing for persons living with HIV/AIDS and their affected families. This purchase will have a significant impact on the projected need for two-bedroom units, a category of units for which there is projected a critical housing shortage in the near future. Who are the AIDS-Disabled Disability designations for all persons living with HIV/AIDS are made by the United States Social Security Administration (SSA) after an exhaustive assessment of the individual health and medical status. Only very ill or seriously disabled person receive an SSI/SSD disability designation. Benefits for an SSI client are determined by the years they worked and paid into Social Security. Of the total AHI caseload of 339 clients, there were 163 clients with an SSI/SSD disability designation from the Social Security Administration, as of February 28, 2009. The highest benefit payment would be approximately $1,800 per month. However, most service and hospitality industry employees such as waiters and waitresses do not -3- pay into the system and their monthly benefit is capped at $637 per month. Many clients on SSI choose to work to supplement their disability benefit and they are able to earn up to $12,900 per year. However, many working clients find that illness caused by periodic changes in medications often cause them to lose their jobs because of absenteeism. For those SSI clients who are lucky enough to maintain their health and their job there is a strict earning cap that if exceeded would cause loss of their monthly benefits, including coverage of medical and pharmaceutical expenses. SSD client benefits are determined by the seriousness of the disability. Without a doubt, the SSD clients are the poorest and sickest clients who are unable to work because of their weakened physical condition and poor health. In most cases, SSD clients are making no more than $637 per month. The average SSD client can look forward to having $15 in his/her pocket at the end of the month- if they have no pharmaceutical co-pays or basic home supply needs. MeetinG a Community Need AIDS Help's mission is to try to place people living with HIV/ AIDS in safe, decent, appropriate and affordable housing so that they will maintain and manage their health, stay adherent to medical treatments, and lower the risk of spreading HIV. In order for the vast majority of AIDS Help's clients to find stable, long-term and affordable housing they would have to pay on average $1,158 for a small one-bedroom apartment, and just over $900 for an efficiency. For persons living with AIDS and receiving benefits on 55! or SSD it is impossible to find a suitable rental apartment they can afford in Key West and many areas of the Florida Keys. AIDS Help's housing case managers are finding that many available efficiency and one- bedroom units are not well maintained and often lack the basic requirement to pass a housing quality standards inspection (HQS). In addition, many units advertised as one- bedrooms are actually efficiency units that are overly priced and cannot qualify for rental assistance occupancy. Faced with increasing rental costs and decreasing availability of affordable units within the Monroe County housing market, AIDS Help must purchase or construct housing for the increasing numbers of poor clients. Of the 339 total client population there were 261 AIDS Help clients (77%) at or below 150% of the Poverty Level, as established by the federal government. Of the total client caseload, 339 clients (85%) were at or below 200% of the Poverty Level. PreDarin9 for the Future Building and properly managing housing units for HIV/AIDS disabled individuals can provide a future "annuity" for AIDS Help clients and the agency itself. This annuity would come in the form of rental income, which can then be used to properly maintain the units and to fund critical support services such as case management, food, pharmaceuticals, specialty physicians and other like services for clients. -4- Over the past two decades AIDS Help has purchased 32 independent living units and built another 8 units for AIDS clients on four pieces of property owned by the agency. Funds for the construction and purchase of these units came from various grant HUD grant programs and generous contributions from members of the Key West community. All agency owned units house SSI/SSD, AIDS-disabled persons and affected family members and are considered to be low and very low-income housing. In fact, AHI is one of the only agencies in Monroe County that provides rental units that qualify for the Section 8 Housing Voucher program. AIDS Help housing staff has been effective in obtaining grants and contracts that provide supplemental rental assistance for low-income rental property. This means that the AIDS client pays 30% of his/her adjusted income, with the remainder being covered by supplemental housing assistance programs. For example: The highest amount of rent that the Section 8 program allows for a one-bedroom apartment is $988. An SSD client making $637 a month in benefits could pay approximately $191 per month toward that rental. Through this type of arrangement the client can remain an AHI owned affordable housing unit with other grant and contract programs covering his/her shortfall in rent. This type of arrangement offers the clients a permanent housing situation for as long as they wish, while providing income to AIDS Help to maintain the property and fund important supportive services for all clients within the HIV/AIDS care delivery system. Housing is Healthcare In a recent letter supporting the construction of 14 independent living units at the Seebol Place property sent to Key West Mayor Morgan McPherson and City Commissioners, the executive director of the National AIDS Housing Coalition, Ms. Nancy Bernstine, wrote: "One of the things often overlooked is that housing Is healthcare. Lack of housing has been found consistently to be associated with remaining outside medical care with lack of access to treatment options for persons living with HIV, while improved housing status has been shown to significantly impact access to and continuity of healthcare, and reduced mortality." "As such, we offer our support to AIDS Help, Inc. in their request to have their development plan for 14 units of single occupancy housing approved. Many communities across the country are struggling to provide housing for people infected and affected by HIV/AIDS and we applaud the efforts of the AIDS Help Board of Directors, staff and the Key West community for taking such a proactive approach to meeting this need. We know that allowing this project to move forward is the right thing to do." (September 4,2007) -5- M.AP OF ~ARY Q..RVe'1' ~',~lvl"~ Pt...A T rkJ. :5 ~t ..15 PATTERQ:X'1 A\JB1..i: J(!:Y~, ..... '-'0-'0 UTIL.ITY PCU! '0. 0 .iU4'1' 70. 00 A1) lI'.!' IR ~$f"(;--mICl! . - 3,12' I'l!I'1a! "'" 1r1;1~ 0. I ~~( '(Jo;. < '<~ '" "'" ~, l..OT5 eLOCX '24'1 10. 0 86 ~ i it ~ CU'U!:X . _ ~.7'J \FF) 10. 0 t..OT 2 r- CZi PI( . DIGC -.. - 126' I"II'1Cl! ,r1l;IOI! 0." - - - - - -_-ri'"PA~- .. ].Or- - ~ PATreRQ)"r A"Vei1j;- 110.0 ItIQo!f-(P-IlAY COMMUNIrf NO 1201" MAP NUMBEIllZot71716H MAP OA re 3/3191 FLoat:> ZONE AE IIASE ELEVATION r I'l!I'1a! cur.. IOI! 0.1 r .. -.2.9.' .:,I,OJAaNT U-OUNO) - '----. ~ , geT PI( . DIg;: Ql8,. -. lZ.' II o ~8 ~~ ~@~'ifOO ~ I' 20' ~ PRQ1 PLAT ALL Nta& Ct!'fJ I~,. ~ "" ~ .......- ~IQ: ItOlCA1l!O AU. 0 I r1!!NI; ,Q'1; ARe IN FEeT ~ 0'l'H!:ftW I Q!! I to I CA TeD M!AR I tt; ~AQ!: C6t I VEO Fm1 PLAT \..OT4 l~,.. Ie.. ~ ~ j' ~+ 1 e.. 00 PLAT i ! ~o o 1t;C i:lIllA ~ ..291' 1fI ~ .., . - 304' ~ I"I"D "" IL. r-o lO -;fnll.IoO'" ELEVATIONS SHOWN - X.XX' AEI'ER TO NWVD 1929 VERTIC.4lD...TlJM ...eoVE seALEVEl. ',':If: j:O~"4:::''''noN~ nNfM'~ tw.f ~.e.t....Of Not ~HO<Nf.. lM.~O CMlM:NSlQloI' (QvAt ,IlAmo Ol f)ESCIHNOOlMi'-l;:..c~ <.IN. flit ''i(;K.aIEO OI"'fI'Iwl!f DAI/ID <IlANUIN ,Wtl..UAMS AND LOVANNA ll. Wru.rAM.S C}.4,4sJE ~"'''!J..UT"T''f-J MOPTGoAGE Co;.POQjlTIO!'-!, IT5 $1_'CC€SS~:1.!. "NO/Oil AS5It;NS, AS '!"HEIR INTl;/lEST IMY AP!'EAIl F!R~T AMEIlICAN TITLe INSl./IlANCE COMPANY 1-';1:>' .../':,............""1 .\..... ."......, G .C(Ioi"', P[ '.....<:OO"C"'.f...ooi........kt' c '->'Il: . .~O"-<,;"'.. : ""0. ('~v"'IO ~,"(yoj~ ..~,,,':' (..uC.''':;I'' ''.''''.'',''.It ~v..-o. ....'.,.A. .t'lofloc. 4"';.' A',.I\I."~ Of....'U."".......ll..t(...I..' (,.I.".""\01oi 1'K't.'-.(,OSft> t"fClll.fK.".<........"', 'o.c.'Q\I~ r........~O-~I;)O<l teG"'. (.,fX:Il'"ICI\. ~. Lot 3, Block I, SUNSHINE SU8CIVISION PlAT NO.3, accordIng to rite Plot rhereof os recorded It, Plr., Book 2, Page 169 of the Public Record$ of Monroe Countr, FlorlOG. "< . JOOl'fl 01 c'-'~~. ~ ::- ~ .0..' :" C 01*("),;"'" t Jt..f 'C,..u.....WJ'oI!r""'"Ot~. ".,.,.......t...",OOol"'.... '1.~.,.~".. "Ot. ~~^' rJ'llHi ....'IoG tOUHQA.'V SUl'....i. 11-1'1'((8'1' CtnU:" Tjol,=.' II-llS SU:lVtf WAS t.V..,'f '"f.:t" l.h :-}f?f':, ,Sl~.J C"'An~E At\i;) MEE"S IH-( ...'''''....,..''-'' 'ECI-'NiC'&'l SfA~t()"I4.~'&~" '"~. ~Y',.., '3, ft'( ~..L'I'~llI II.,,)....',) 0' POOHS$lO.".... '>.....JVEwc.n~ AND MAIWfAS IN S)of,A;lt'W (;~, F'.OIlJO~. ',;:l! r;.S~nA-lj'..E CO~, Pull!uAN" H'J 5!cr,o.. "1017, FLQmo", 5'''. .J~t) "iF. 'Ii to ',':;"(:'1Jl( & "'A~ MEN :20:':nflDf:' "'HfS-fl1fPlOVlStO~OHlC'RjC'"r "l' 9 ,(.d;'''- ,,IlGjH.P...~;&}'.,'1t;f"":I($\ I :ar.:'1fNClf04CHl..AEN!::i!. . ,( ~.. 1-" --# ~ <-;':'i 6fr'. PiC~' C~:J ""'''<0 --~'~OtfE7i7f:1ffr:~, ~lt.\I, .1~3~' ;>tG.\'tltf~."~U~(;,......' '01.""'('0_"'-1': .....'..li- """......-.. -'__IIIf.,..- ....,.,.~- ---- -6- .,x..(.til';)Oc,........t-oet...,..( 111",. ,<:;:_. ')00 ....ilr!(CV"l illl:",.Hlj"""'''''~~t'''''''C ...c;...tI'o't... .' .lIQIIOl 4# '~;"';t"" .....~ "H ".'<,:\...-,' .... I. ,~ t'''U.. "r ..., ,. ~,~t.. ROBERT E. REECE, P,A. PROFES~IONAl Su:<VEyOP AND MAPPE'< 30677 OVERSEAS HIG~"'WM BIG PINE -<EY, p. .3.304,3 ATTACHMENT B. February 10,1009 I AIDS Help Ine 1434 Kenned)~ Drive Key West, Fl6rida 33040 Attn: Mr Robert Walker At present time we are considering selling our duplex located at L 911-1913 Patterson A venue. We will be placing the property on the market later in the year but are offering the property to AIDS Help Inc as a property to be considered for your affordable housing projeCt. The duplex was built in 1950 but has had extensive work performed throughout the years to upgrade the units, The duplex is a 3/1 on each side with approximately 2400 square feet ofliving space and a lot size on,ooo square feet. It is also zoned for' an additional unit to be added to the property at a later date. Each side is central air, th~ roofis approximately 10 years old, and many improvements were performed in 2008 including painting, repairs and the stucco of the exterior of the building. Based on the attached CMA's with properties that are listed currently and one property that sold in the last year of equal age, size, and workmanship we are asking what we believe to ~e a realistic price of $550,000.00 which is less than what is currently on the market. Mso, for your information I have also attached a copy ofthe latest survey prepared by Rpbert E Reese, P.A. on April 7, 2000. The tenants have been in this property for many years and we respectively request that if AIDS Help Inc is indeed interested in this property that we keep any negotiations as quiet as possible. Realizing that appraisals will be needed I can assure you we will be able to pave the way for any inspections needed without alerting the tenants. I do not want to alarm them needlessly nor risk losing them if the property does not meet the needs of the programs currently in place with your organization. I appreciate your time and effort in this matter. Feel free to phone me anytime at 305-587-4774. ~~ iams -7- ATTACHMENT C. May 4, 2009 Louanna R. Williams 24 Amaryllis Drive Key West, FI33040 Re: Duplex at 1911-1913 Patterson Avenue Dear Louanna. Thank you for offering to work with AIDS Help to acquire your duplex at 1911-1913 Patterson A venue as affordable housing. I appreciate you taking the time to show us the property and making arrangements for us to inspect the units. We understand that the property consist of two three-bedroom one bath units with approximately 2400 square feet of living space and a lot size of 7000 square feet. Each side has central air conditioning and the roofis approximately ten year old. We also noted the other improvements that you have made to the property. Based on the site visit and preliminary inspection. Joe Pais and I reported to the Housing Committee that the property is currently rented and appropriate for acquisition. We recommended to the Housing Committee that the property be submitted to the city to add to the Monroe County Land Authority acquisition list. If we are successful in acquiring the property we do not intend to displace any of your tenants that meet the affordable housing guidelines. As I mentioned this is the first time that we have worked with the Monroe County Land Authority to acquire affordable housing. We will keep you informed as we proct.."Cd. Thank you for working with us. Sincerely. Qtt-0." LJ Q k> # __ __ .- Robert G. Walker Executive Director -8- IIIl:: CIl'y' OF KEY \\LST I'",;; 1111, Il,,'. III") \\'--'; I [ :-:'1t! J 1:")I,~,j"'I~!1ll_~-I!( July 28,2009 VL4 U.S. Mail and Emai/ Omar Garcia, Chaim1an, Key West Community Housing Committee 1204 1 ;th Terrace Key West. Florida 33040 RE: 1911-1913 Patterson Avenue Real Estate Numbers 00051430-000000 Pre-Application Letter Dear Mr. Garcia, The purpose of this letter is to respond to your request that the Planning Department issue a pre-application letter regarding the property located at 1911-1913 Patterson A venue. Recently, this property was nominated by the Community Housing Committee for consideration hy the City Commission for acquisition by the Monroe County Land Authority. The purpose of this review is to provide preliminary intormation regarding the property. The existing structure currently on-site is licensed as having two non-transient residential licenses; one license respective per unit. City Licensing Records (Attachment A), indicate that non-transient residential licenses have been maintained on the properties since at least 1990. The property is located within the Medium Density Residential (MDR) zoning district. Pursuant to Section 122-267 of the Land Development Regulations, two-family residential dwellings are a pemlitted use in this zoning district. Additionally, it appears that the existing units comply with the density requirements cited in 122-270 of the Code. Generally. when the Planning Department researches a specific property as part of pre-application n:scarch, any available files associated \vith the property are reviewed to understand what kind of City approvals may have been obtained. HO\vever. when researching this property. the Planning Department did not come across any planning-related approvals tor the property. In sununary, the proposal to providc aftordable housing units on the property may be adequate based on the existing land use and zoning classification. However. plt-ase note that this infomlation is provided for the bendit of the Housing Committee on a preliminary basis and does not constitute a tonnal finding. The Lanu Authority is encouraged to obtain a Zoning Detemlination or Build-Back Lettcr from the Department prior to acquisition of the property if a more detailed assessment is needed. Please uo not hesitate to contact me with any questions or comments. Sincerely, Wwcltu( c(Y'Lc flflU;J Ashley Monnier Planner Attachments: City Licensing Records (Attachment A) Xc: Amy Kimball Murley, AICP, Planning Director Sue Harrison, Seruor Deputy City Clerk Carolyn Walker, Licensing Official GEO Files Attachment A THE CITY OF KEY WEST - OL License File Changes - General Information Last activit7: Updated: 07 23/09 Mai~ address 24 YLLIS DRIVE KEY WEST Type information, press Enter. Business control . . . . Business name & address WILLIAMS, DAVID & LOUANNA 1911 PATTERSON AVE KEY WEST License number . . . Appl, issue, expir . License status (F4) Classification (F4) Exemption (F4) . . . License comments . . License restrictions Gross receipts . . . Reprint this license Additional charges . Extra requirements . OL111UOl 1423 FL 33040 09 00001429 122208 122208 93009 IN FIRST RENEWAL MAILED lOB RENTAL-NON-TRANSIENT 7/23/09 09:00:20 by KEYWGRC FL 33040 RESIDENTIAL NON TRANSIENT RENTAL UNIT (2) N N * N * Y=Yes, N::::No Y=Yes, N::::No Y=Yes, N::::No Miscellaneous Sub codes F3=Exit FS.Code description FIO=Business maintenance F9=Applicant/Qualifier F12=Cancel N N Y=Yes, N=No Y=Yes, N=No More. .. F24=More keys OL500U01 THE CITY OF KEY WEST - OL Business Miscellaneous Information Maintenance Control number .. 1423 WILLIA~S, DAVID & LOUANNA Type infor.mation, press Enter. Seg 1. 00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 10.00 11.00 12.00 13.00 14.00 P'3:Exit Code (F4) P'reeform Information AC# 50015242014 RMRK COu~TY OCCUPATIONAL LICENSE #28396 F4=Prompt F12=Cancel Date 42995 42995 7/23/09 09:03:29 Display in BP AP PP IN CR - - More:-. . --, .rr { ~emeer 29, 1992 To Whom it may concern, In regards to my occupational license, I now have two rental units for the corning year. The addresses of the apartments are 1911-1913 Patterson Avenue. I have enclosed $30.00 for both units. If I am incorrect in my payment please phone me at 294-6607 during the day and I will bring over the proper payment. Our new mailing address is, 24 Amaryllis Drive, Key West, Fl. Thank you for your attention in this matter. Sincerely, ~~~ Louanna R. Williams ~ l ~ t I p ~ PVS IS\- L____.~__ . __~_~~_____ ! " , , THE CITY OF KEY WEST Post Olficl: fJu:-< Ht"J Key West, FI. JJL'H-H09 DATE: \ \ \ '2-'6 \-3-0 TO : \) (,l.,./v \ d- {- Lv. D V\. CI. \JJ illAlA VU,/' \ q \ '.) ~ CA-t:\. lN~~ ~ Wt.J(, ~ ,?}()'f <) \c JtL // , ,/ ->~'-'I /",Fr / ,~,/""-'""-'-" I' ./ PROPERTY ADDRESS \. C\. \. \ - \ '1A''S ~- ",/ Q?\.. ~~V"\ KEY I.JEST d- RENfAL UNITS /- / ,. / "- (UAcJl, \ Dv VV/\ o LvJrpl..a cL DEAR PROPEP.fY O\.JNER: ~/' c////"/ /""' PLEASE BE ADVISED THAT S PER ORDIJ.{ANet' 91-75 SEC. 15, YOU ARE REQUIRED TO OBTAIN AN OCCUPATIONAL LICENSE F 'RENTAl. UNITS. ATTACHED PLEASE FINO ^ COHPLETED _APPLICATION OR ~TRANSFER APPLICATION FOR TilE RENTAL PROPERTY AT TilE ABOVE ADDRESS. PLEASE SIGN, NOTARIZE, ArlO RETURN IUTK PAY}lENT AS FOLLUl.JS (CHECK HADE PAYABLE TO "CITY OF KEY WEST "): LICENSE FEE PENALTY TRANSFER TOTAL DUE $ \ 'S DO ~, d-.S 000 d-o, ~S IN ADDITION, ALL SEWER AND SOLID WASTE ACCOUNTS ~fiJSI BE CURRENT BEFORE TilE LICENSE IS ISSUED. YOUR BALANCES, ,AS OF THIS DATE, ARE: I I SEWER If \ I::) \ '3 C\ \. 1..0 0 0 , ~ \.O\~O\(";'SO'J- BALANCE '?:> '1 -' ~ fo ?J"\-, "5'2- ~~ Q~ WASTE:/) ? 0 \ '1- , , 0 c;- 0 \ 1- BALANCE ~~~ ADDITIONAL DOCV~lliNTS NEEDED: V\\q \ PLEASE CONTACT CAROLYN WALKER OR TANYA HCCLOSKEY, CODE ENFORCEtlENT I LICENSING DIVISION, CITY OF KEY WEST, PO BOX 1409, KEY l.JEST, FL 33041, (305) 292-8131 IF YOU NEED FURTHER INFORI<ATION. THANK YOU FOR YOUR COOPERATION IN THIS l'fATTER. I . . 7--'- --' ---- '~'- ---- --. --"----- --- J ~ r f I I I ) ...-- 1 A r).-=-+---- ~'C...VrCi fL/OL{../eJc:.. IJ/(~/9 J THE CITY OF KEy WES r rust UIII", [ltl~ l-ll'<l Key West, II J Wll- H Ll} DATE: \ \ \ (... ~ 0-0 TO: D CJJV\~ -,I- WDV\ ~ \0\_ll\~ vU v \ q \ 3 P kc..\ lA-jVv'\ ~I W ~1~ \~ ;'}:J '-f I) f' PltOPERTY ADDRESS ~ C~ \ \ _ \ '\ \ ;, Q c \.. t\c \.;' ....-, u: y \~E S r -.,...-- . )~ HEtHAL uniTS DEAR PROPEP.fY OWNER: ( \.V\CU '- () v VU'1 0 L C-0rp \.0 ( I PLEASE BE ADVISED THAT AS PqR OROll/MICE 91-75 SEC. 15, YOU ARE RtllUllU~J) TO OUlAIN AN OCCUPATIONAL LICENSE FOR RENTAL UIIITS. ATTACIIF:fJ PLEASE FHW A COrlPLF:1EIJ APPLICATION OR ~TRANSfER APPLICATl un FORI liE Hr:t1IA L rrWrElt1Y A r IlIE ABOVE ADDRESS, PLEASE SIGn, NoriiRlZE, Allll REfUIUI III I" fA IIIErll' AS FOLLlJllS (CHECK ~lADE PAYABLE TO "CITY OF KEY WESr"): LICENSE FEE PENALTY TRANSFER TOTAL DUE \ S 00 ~ d - ~:; ':)175 o'-=='u $ --- :,1. ~ '/~) ~/ )"75 IN ADDITION, ALL SEWER AND SOLID WAsrE ACCUUllTS IIVsr HE CURREIH llf.fORE l/1E LICENSE IS ISSUED. YOUR MLANCES, AS Of 11115 VAlE, ARE: ,SEWER II \ b '\ J) G \ \0 0 0 \ ,\- \ 0 \ ::0) Q \ tv s 0 \ ;r- B^ l.1ItlCE ~~? ) ~- ~ ' WAST'E II ? 0 \ -, \ \ 0 S u \ t UALAtlCE -~_L..;U- J;2~. 5'-1 ADDITIONAL DOCU~lliNTS NEEVED: vI \ (\ 1 PLEASE CONTACT CAROLYN W^,XER OR TAIIY^ IfCCLOSf~EY, CUlIE EtlfUItCEtlWI/LlCENSlrl(; VIVISION, CITY Of KEY WEST, PO BOX 1409, rEY IIEST, fL 3J041, (J()5) 292-8131 IF YOU NEED FURTHER INfORI:'\TIOU. TflAnK YOU FOR YOUR COOPER1\TlON Irl TlftS IlJ\IIEH. ) ~J( C_,,), ,-j ^ 'b...L{ '/ /llfh) CITY ,OF KEY WE$T TRANSFERS Full name of applicant or transferee: Full name of seller or transferror: Business name: Present Name: New Name: Business location: Present address: New address: Business type and code nflmber \ '-) \?o \ U,_ \"'-^- v Mailing address \ c\, \) f ,,~d t\.)O y', ( ) CHANGE OF LOCATION ( ) CHANC,!:: OF NM'v1E Y) CHANGE OF OWNERSHIP \J (I ') is " l u u V' (, \,.J ,~\ A " I v\.:\ V , ll.). c\ <-.\ u ~....A..I.J l.J LICENSE # i) eO I') -2.. Y 2 (J' MACHINE# DATED H1Af\JsrER FEE $._.~~~~ SEV,i~R It _ WASTE # . COMM. WASTE \ '\ \ \ - . \ (\ \ ) \).\.. \~\ _t. L?l.'. "- )) (,{ L;> <J \J-' v\L' ()( LeU r '-I' d AFFIDAVIT OF APPLICANT OR TRANSFEREE I, \) lVJ 0 \- \....v...OI(\t1 IJ 0..AA" ~I.(.). hereby swear or affirm that I ~m the Applicant or Transferee herein and that the answers to the foregoing questions and all statements herein are true, /<' Signature STATE OF FLORIDA County of Subscribed and sworn to before me this day of )0 Notary Public, State of Florida at Large (SEAL) My Commission Expires: 19_ AFFIB-A-\LtL..oF SELLER OR TRANSFEROR I, ______ . hereby swear or affirm that I am the Seller or Transferor and I do hereby consenf1~bove tranSfe.r and that a sale in good faith has been made to the within applicant. ' , , I . ---- Signature STATE OF FLORIDA County of Subscribed and ~worn to before me this "- ----- ----------- ------- ( l ~ t' ct c' \" 6 L t I ------~1_19_ ~- day of, '. Notary Public, State of Florida at Large (SEAL) My Commission Expires: OFFICIAL USE ONLY Zone: ( )Approved ( )Denied, Reason: " - Chief License Official Date City Manager Designee Date 1911 and 1913 Patterson Avenue Key West Part 1 Introduction Front of Subject Property Front of Subject Property Appraisal Company of Key West Page 5 Part 1 Introduction SUBJECT PROPERTY PHOTOGRAPHS Side of Subject Property Side of Subject Property Appraisal Company of Key West Page 6 Part 1 Introduction SUBJECT PROPERTY PHOTOGRAPHS I Z "Ir-~ '1',,:, '"' ,- .1 Rear of Subject Property Yard of Subject Property Appraisal Company of Key West Page 7 Part 1 Introduction SUBJECT PROPERTY PHOTOGRAPHS Yard of Subject Property Alley Behind Subject Property Appraisal Company of Key West Page 8 Part 1 Introduction SUBJECT PROPERTY PHOTOGRAPHS ~_~,~_~'- I Interior of Subject Property ~ ~.~- I ~- :, . Interior of Subject Property Appraisal Company of Key West Page 9 Part 1 Introduction SUBJECT PROPERTY PHOTOGRAPHS Interior of Subject Property Interior of Subject Property Appraisal Company of Key West Page 10 LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: Julv 21. 2010 Division: Land Authoritv Bulk Item: Yes No..L Contact / Phone #: Mark Rosch /295-5180 Agenda Item Wording: Approval of a resolution concerning the transfer of funds. Item Background: The proposed resolution will transfer $205,000 from funds in the Land Authority budget currently appropriated for the purchase of property in Key West to funds appropriated for mortgage loans for property in Key West. This budget transfer is necessary prior to issuing mortgage loans to finance the Key West Housing Authority's purchase of 1911-1913 Patterson Avenue in Key West for affordable housing. Advisory Committee Action: N/A Previous Governing Board Action: N/A Contract/Agreement Changes: N/A Staff Recommendation: Approval Total Cost: $_ Indirect 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 RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY CONCERNING THE TRANSFER OF FUNDS. WHEREAS, it is necessary for the Monroe County Comprehensive Plan Land Authority to make budgeted transfers in the Land Authority Budget for the Fiscal Year 2010; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY that there shall be transfers of amounts previously set up in the Land Authority Budget for the Fiscal Year 2010 as hereinafter set forth to and from the following accounts: From: For the Amount: To: Capital Outlay - Property in Key West ACSC $205,000.00 Grants and Aid (Mortgages) - Property in Key West ACSC BE IT RESOLVED BY SAID BOARD that the Executive Director is hereby authorized and directed to make the necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting held on this _ day of , 2010. (Seal) ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Mark J. Rosch Executive Director Kim Wigington Chairman Approved for Legal Sufficiency Larry R. Erskine