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HomeMy WebLinkAboutF. Land AuthorityLAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: Land Authority Bulk Item: Yes No X Staff Contact / Phone #: Mark Rosch / 295-5180 Agenda Item Wording: Approval of the minutes for the August 18, 2010 meeting. Item Background: N/A Advisory Committee Action: N/A Previous Governing Board Action: N/A Contract/Agreement Changes: N/A Staff Recommendation: Approval Total Cost: $ 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 August 18, 2010 Meeting Minutes The Governing Board of the Monroe County Comprehensive Plan Land Authority held a regular meeting on Wednesday, August 18, 2010 at the Nelson Government and Cultural Center located at 102050 Overseas Highway, Key Largo, Florida. Chairman Kim Wigington called the meeting to order at 9:33 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 meetings held on July 21, 2010 and July 22, 2010. A motion was made by Commissioner Neugent 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) Big Pine Key Acreage (RE #00111610-000000) at a total cost of $81,669.50; and b) Parcels B and L, Cudjoe Acres, Cudjoe Key at a total cost of $14,368.00. A motion was made by Commissioner Carruthers and seconded by Commissioner Di Gennaro to approve the purchase of each of the above properties. There being no objections, the motion carried (5/0). There being no further business, the meeting was adjourned at 9:34 AM Minutes prepared by: Mark J. Rosch Executive Director Approved by the Board on: LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Bulk Item: Yes No X Division: Land Authority Contact / Phone #: Mark Rosch / 295-5180 Agenda Item Wording: Approval to purchase property for conservation — Block 1, Lots 12, 14, and 15; Block 2, Lot 6; Block 5, Lots 12 and 13; Block 8, Lots 13 and 18; Block 9, Lot 4; Block 10, Lots 12, 13, and 14; and Block 11, Lots 22, 23, and 24, Thompsons, Key Largo; Block 6, Lots 15, 16, and 17, Bay Haven Section 2, Key Largo; and Block 7, Lot 41, Harris Ocean Park Estates, Key Largo. Item Background: This acquisition is proposed to protect property rights and the natural environment. All of the subject property (19 lots totaling 2.2 acres) is designated Tier 1 — Natural Area. The subject property includes 15 lots in Thompsons subdivision fronting Grouper Trail and various undeveloped streets near mile marker 99 on the oceanside of Key Largo. The zoning designations in this area consist of Suburban Residential, Commercial Fishing Special District 5, and Improved Subdivision. The habitat types in this area include tropical hardwood hammock, buttonwood, and a pond. The subject property also includes three lots in Bay Haven Section 2 fronting Bayview Avenue near mile marker 95 on the bayside of Key Largo. These lots are zoned Suburban Residential and consist of tropical hardwood hammock. The subject property also includes one lot in Harris Ocean Park Estates fronting the undeveloped portion of Dove Creek Drive near mile marker 93 on the oceanside of Key Largo in Tavernier. This lot is zoned Native Area and consists of mangrove vegetation. The owner has agreed to sell the property for a price of $61,603.85, with the Land Authority paying the outstanding taxes and assessments and $1,000 of the seller's proceeds paying for the removal of trash and debris. The estimated closing costs for this transaction are listed in the agenda documentation. Advisory Committee Action: On 8/25/10 the Committee voted 3/0 to approve this acquisition. Previous Governing Board Action: The Board has approved the purchase of other conservation properties in each of these subdivisions. Contract/Agreement Changes: N/A Staff Recommendation: Approval Total Cost: $ 74,292.55 Indirect Cost: $ Cost to Land Authority: $ 74,292.55 Budgeted: Yes X No Source of Funds: Land Authority (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney X County Land Steward X . Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item Property Thompsons Block 1, Lots 12, 14, 15 Block 2, Lot 6 Block 5, Lots 12, 13 Block 8, Lots 13, 18 Block 9, Lot 4 Block 10, Lots 12, 13, 14 Block 11, Lots 22, 23, 24 Bay Haven Section 2 Block 6, Lots 15, 16, 17 Harris Ocean Park Estates Block 7, Lot 41 Seller: Richard L. Kern PURCHASE CONTRACT 09/15/10 Purchase Taxes & Title Attorney Recording Price Assessments Insurance Fee Fee $61,603.85 $10,509.20 " $1,652.50 Total Costs $500.00 $27.00 $74,292.55 "Note: The Key Largo Wastewater District staff has indicated the property assessments will be waived. Aerial Photograph of Subject Property Block 1, Lots 12, 14, and 15; Block 2, Lot 6; Block 5, Lots 12 and 13; Block 8, Lots 13 and 18; Block 9, Lot 4; Block 10, Lots 12-14; and Block 11, Lots 22-24, Thompsons Key Largo NORTH DR ck, o� o� �,tio c�ti r LU Q c��eo o e0 5� w y,- J�Q g O co co 11& O,Q A �j Aerial Photograph of Subject Property Block 7, Lot 41, Harris Ocean Park Estates Key Largo AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this day of 2010, is by and between Richard L. Kern 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: 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 $61,603.85 for all of the lands and other interests, which lands shall include all tenements, hereditaments, together with all water and other rights, easements, appurtenances, and any and all of the Seller's rights in or arising by reason of ownership thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida, more particularly described as follows; to -wit: Block 1, Lots 12, 14, and 15; Block 2, Lot 6; Block 5, Lots 12 and 13; Block 8, Lots 13 and 18; Block 9, Lot 4; Block 10, Lots 12, 13, and 14; and Block 11, Lots 22, 23, and 24, Thompsons Subdivision (PB 1-147) Block 6, Lots 15, 16, and 17, Bay Haven Section 2 (PB 2-34) Block 7, Lot 41, Harris Ocean Park Estates (PB 4-126) 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. 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 $61,603.85. 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, $1,000.00 to the Monroe County Environmental Land Management and Restoration Fund for the removal of trash and debris from the property, 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. 2 9. It shall be the obligation of the LAND AUTHORITY 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: 6904 SW Cortez Road Lot 37 Bradenton, FL 34210 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 August 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/ Richard L. Kern Signature Date Social Security Number Phone Number The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its EXECUTIVE DIRECTOR in accordance with Resolution 09-2004, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of 12010. (Seal) MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Mark J. Rosch, Executive Director ,C] LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Bulk Item: Yes No X Division: Land Authority Contact / Phone #: Mark Rosch / 295-5180 Agenda Item Wording: Approval to purchase property for conservation - Block 5, Lots 2, 3, 4, and 16, Tuxedo Park, No Name Key and Block 43, Lots 13 and 14, Sands, Big Pine Key. 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. All of the subject property (six lots totaling 0.7 acre) is designated Tier 1 — Natural Area. The subject property includes four lots in Tuxedo Park subdivision on No Name Key fronting undeveloped streets. These lots are zoned Native Area and consist of pineland habitat. The subject property also includes two lots in Sands subdivision on Avenue H near mile marker 31 on the bayside of Big Pine Key. These lots are zoned Improved Subdivision and consist of mostly buttonwood vegetation with some non-native species. The owner has agreed to sell the property for a price of $43,500. The estimated closing costs for this transaction are listed in the agenda documentation. Advisory Committee Action: On August 25, 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 these subdivisions. Contract/Agreement Changes: N/A Staff Recommendation: Approval Total Cost: $ 44,780.00 Indirect Cost: $ Budgeted: Yes X No Cost to Land Authority: $ 44,780.00 Source of Funds: Land Authority (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney X County Land Steward X . Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item Property Tuxedo Park Block 5, Lots 2, 3, 4 and 16 Sands Block 43, Lots 13 and 14 Purchase Price PURCHASE CONTRACT 09/15/10 Title Attorney Recording Survey Insurance Fee Fee $43,500.00 N/A $753.00 $500.00 $27.00 Seller: Estate of Edward Brodin Helen Ewing, Personal Representative Total Costs $44,780.00 Aerial Photograph of Subject Property Block 5, Lots 2, 3, 4, and 16, Tuxedo Park No Name Key Aerial Photograph of Subject Property Block 43, Lots 13 and 14, Sands Big Pine Key AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this day of 2010, is by and between Helen Ewing as Personal Representative of the Estate of Edward Brodin 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: 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 $43,500.00 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 2, 3, 4, and 16, Tuxedo Park Subdivision (PB 1-134) RE# 00319030-000000, 00319040-000000, 00319050-000000, and 00319170-000000 and Block 43, Lots 13 and 14, Sands Subdivision (PB 1-65) RE# 00306130-000000 and 00306140-000000 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. 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 $43,500.00. 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. 2 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: 9475 Western Avenue with a copy to: Regina Cocoran Des Plaines, IL 60016 Amerirealty Corp Regina@ReginaECorcoran.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 August 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/ Helen Ewing as Personal Representative of the Estate of Edward Brodin Signature Date Social Security Number Phone Number The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its EXECUTIVE DIRECTOR in accordance with Resolution 09-2004, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of 12010. (Seal) MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Mark J. Rosch, Executive Director ,C] LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Bulk Item: Yes No X Division: Land Authority Contact / Phone #: Mark Rosch / 295-5180 Agenda Item Wording: Approval to purchase property for conservation - Block 29, Lots 1 and 2, Port Pine Heights Second Addition, Big Pine Key. 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. Port Pine Heights is the northernmost subdivision on Big Pine Key. Each vehicular round trip from this subdivision to the US 1 commercial district involves driving eight miles through Key Deer habitat. The subject property consists of two adjoining canal lots totaling 11,463 square feet at the corner of Atlantic Street and Gulf Boulevard. Most of the undeveloped lots on Atlantic Street (11 out of 17) are owned by the State of Florida. The subject property has a tier designation of Tier 1 — Natural Area, a zoning designation of Improved Subdivision — Area of Critical County Concern, and scarified habitat. The owner has agreed to sell the property for a price of $50,000. The estimated closing costs for this transaction are listed in the agenda documentation. Advisory Committee Action: On August 25, 2010 the Committee voted 2/1 to approve this acquisition. Previous Governing Board Action: Sitting as the BOCC, the Board has acquired other conservation properties in this subdivision. Contract/Agreement Changes: N/A Staff Recommendation: Approval Total Cost: $ 50,931.00 Indirect Cost: $ Budgeted: Yes X No Cost to Land Authority: $ 50,931.00 Source of Funds: Land Authority (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney X County Land Steward X . Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item Property Port Pine Heights 2nd Add Block 29, Lots 1 and 2 Seller: Randolph W. Dawdy Purchase Price PURCHASE CONTRACT 09/15/10 Title Attorney Recording Survey Insurance Fee Fee $50,000.00 N/A $412.50 $500.00 $18.50 Total Costs $50, 931.00 Aerial Photograph of Subject Property Block 29, Lots 1 and 2, Port Pine Heights Second Addition Big Pine Key AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this day of 2010, is by and between Randolph W. Dawdy 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: 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 $50,000.00 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 29, Lots 1 and 2, Port Pine Heights Second Addition (PB 4-167) RE# 00292300-000000 and 00292310-000000 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. 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 $50,000.00. 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. 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: 5474 Mayview Road Minnetonka, MN 55345 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 August 24, 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/ Randolph W. Dawdy Signature Date Social Security Number Phone Number The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its EXECUTIVE DIRECTOR in accordance with Resolution 09-2004, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of 12010. (Seal) MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Mark J. Rosch, Executive Director ,C] LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Bulk Item: Yes No X Division: Land Authority Contact / Phone #: Mark Rosch / 295-5180 Agenda Item Wording: Approval to add 2700-2706 Flagler Avenue in Key West to the Acquisition List as an affordable housing site in partnership with the Key West Housing Authority and Samuel's House, I nc. Item Background: The Key West City Commission has nominated the subject property for Land Authority funding via Resolutions 10-246 and 09-290. Resolution 10-246 requests the Key West Housing Authority to purchase the site and subsequently lease the site to Samuel's House, Inc. Samuel's House proposes to operate the site as "managed care/supportive rental housing for men, women, and families who are qualified as infirmed, handicapped and/or special needs eligible under federal and Florida law." See the attached summary of the Samuel's House proposal for details. The Archdiocese of Miami has entered into an option contract with Samuel's House to sell the property for $1,970,000, which equates to $179,090 per existing dwelling unit. The level of Land Authority participation in this acquisition, if any, would be determined at a future meeting following the completion of appraisals. The addition of property to the Acquisition List is a preliminary, non -binding step indicating the Board's desire to pursue the property. Advisory Committee Action: On July 28, 2010 the Committee voted 3/0 to approve adding the property to the Acquisition List with two conditions. The first condition has been met, which was for the City Commission to adopt a new nominating resolution identifying the Key West Housing Authority as the entity to take title. The Committee's second condition was for the wetland portion of the site to be preserved in perpetuity. Previous Governing Board Action: None Contract/Agreement Changes: N/A Staff Recommendation: Pleasure of the Board. Total Cost: $ To be determined Indirect Cost: $ Budgeted: Yes _ No Cost to Land Authority: $ To be determined Source of Funds: Land Authority (Tourist Impact Tax collected in Key West) Approved By: Attorney X County Land Steward Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item Documentation Included: Page 3 Summary of Samuel's House Proposal Page 4 Aerial Photograph of Subject Property Pages 5-7 SFWMD Informal Wetland Determination Pages 8-10 Key West City Commission Resolution 10-246 (Re -nominating the property) Pages 11-12 Key West City Commission Resolution 09-290 (Nominating the property) Pages 13-87 Attachments to Key West City Commission Resolution 09-290 Summary of Samuel's House Proposal for 2700-2706 Flagler Avenue (Habakkuk 2 Village) 8/31 /10 Request Samuel's House, Inc. is requesting MCLA assistance in securing the property at 2700-2706 Flagler Avenue to provide managed care/supportive rental housing for men, women, and families who are qualified as infirmed, handicapped and/or special needs eligible under federal and Florida law. Property Description Owner of Record: Coleman F. Carroll, as Bishop of the Diocese of Miami Legal Description: Metes and bounds RE Number: 00065090-000000 Size: Approximately 2.2 acres of upland and 4.93 acres total Zoning: Public and Semi-public Services (PS) and Conservation Tidal Wetlands (C-TW) Flood Zone: AE-8 Existing Development: • Soup kitchen • Men's homeless shelter with approximately 20 beds • 10-unit apartment building consisting of efficiency units • Single-family home/meeting hall Title and Sales Information Realtor: Peter Batty Asking price: $1,970,000 Appraisals: $2,140,000 (June 2009 report for Seller by Appraisal Co. of Key West) Contracts: Samuel's House has an option to purchase the property for $1,970,000. Encumbrances: • 20-year affordable housing restrictions in favor of HUD pursuant to a $180,000 grant to Catholic Charities in 2003 • 5-year affordable housing restriction in favor of FL Department of Children & Family Services pursuant to a $92,000 soft mortgage loan to Catholic Charities in 2008 • 10-year lease to Samuel's House in 2009 (with 30-day termination clause) Potential Funding • Seeking $500,000 grant toward acquisition costs from Klaus -Murphy Foundation • Seeking $200,000 toward acquisition costs and $200,000 toward development costs from FL Department of Children and Families (Homeless Housing Assistance Grant) Proposed Use of Property Population to be served: Men, women, and families qualifying as low and very low income with special needs disabilities Proposed development: Short term plans (subject to City approval): • Relocate the soup kitchen off -site • Retain the existing 10-unit apartment building • Retain the existing men's 20-bed shelter • Expand single-family home from 4 bedrooms to 8 bedrooms Long term plans (subject to City approval): • Build 25 additional apartments (5 one -bedroom units, 15 two -bedroom units, and 5 three -bedroom units) • Build a wellness center to provide services for the site's residents Similar Developments Leased from KWHA and Managed by Samuel's House, Inc. Samuel's House Kathy's Hope Casa de Meredith 1614 Truesdale Court 1613 Hoey Drive 1620 Spaulding Court Poinciana Housing Poinciana Housing Poinciana Housing 36-48 beds 16 beds 9 apartments Established in 1999 Established in 2007 Currently under construction sE�oENg��G PEE oA NG S - mj N T o� s� PP�Es PEE - s� PP�Es PEE SOUTH FLORIDA WATER MANAGEMENT DISTRICT Environmental Resource Regulation Pre -Application No. 100510-20 June 2, 2010 Mr. Philip A. Frank Terramar Environmental Services, Inc. 1241 Crane Boulevard Sugarloaf Key, Florida 33042 Dear Mr. Frank: RE: Archdiocese of Miami Monroe County, SO4/T68S/R25E The District offers the following in response to your request for a non -binding determination of wetland boundaries and other surface waters located at the subject 4.93 acre property shown on Exhibit 1 (enclosed). A site inspection was conducted by District staff on May 24, 2010. Based upon the site inspection and review of aerial photographs and other site information, the subject parcel contains state jurisdictional wetlands as defined by Chapter 62-340 Florida Administrative Code (FAC) as shown on the enclosed aerial photograph included as Exhibit 2 (enclosed). The photograph identifies the approximate boundaries of the 4.93 acre subject property and the approximate boundaries of the jurisdictional wetlands. This correspondence is an informal pre -application wetland determination pursuant to Chapter 373, Florida Statutes. It does not bind the District, its agents or employees, nor does it convey any legal rights, expressed or implied. Persons obtaining this informal pre -application wetland determination are not entitled to rely upon it for purposes of compliance with provision of law or District rules. A binding wetland determination may be obtained by petitioning the South Florida Water Management District for a wetland declaratory statement pursuant to FAC Rule 62-340 or by applying for an Environmental Resource permit. Please note that other areas of the subject property that are not jurisdictional wetlands and other surface waters under state rules, may be wetlands and/or other surface waters of the United States that are jurisdictional under federal rules. Dredging or filling in such areas may require a Department of Army permit from the U.S. Army Corps of Engineers (USACE). Receipt of a state or local government permit does not preclude the need to obtain a USACE permit prior to commencing any work at the subject property. For more information about the USACE Regulatory Program, you may access the USACE website at: http://www.sai.usace.army.mil/permit/index.htmi. You may also contact the local USACE regulatory office for additional information at (561) 472-3504. 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686-8800 • FL WATS 1-800-432-2045 Mailing Address: P.O. Box 24680, West Palm Beach, FL 334164680 • www.sfwmd.gov Mr. Philip A. Frank Subject: Archdiocese of Miami Date: June 2, 2010 Page 2 A pre -application file has been set up at the District's West Palm Beach headquarters with this information. If you have any questions please contact me at (561) 682-6954 or tstone(a)-sfwmd.gov. Sincerely, Trisha D. Stone Senior Environmental Analyst Environmental Resource Permitting Division Enclosures I� = _1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, RE- NOMINATING PROPERTY LOCATED AT 2700-2706 FLAGLER AVENUE FOR ACQUISITION FUNDING FROM THE MONROE COUNTY LAND AUTHORITY; REQUESTING THAT SAID PROPERTY BE PURCHASED BY THE HOUSING AUTHORITY OF THE CITY OF KEY WEST AND LEASED TO SAMUEL'S HOUSE, INC.; PROVIDING REQUIREMENTS; PROVIDING REPEAL OF RESOLUTION 09-290 TO THE EXTENT OF CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission adopted Resolution 09-290, which nominated property located at 2700-2706 Flagler Avenue (hereinafter "subject property") for inclusion on the Land Authority Acquisition List as a potential site to be acquired by the Monroe County Land Authority (hereinafter "Land Authority") and conveyed to Samuel's House, Inc. WHEREAS, Land Authority policy requires that a government partner hold title to the subject property; 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 re -nominates the property located at 2700-2706 Flagler Avenue for acquisition funding from the Land Authority and inclusion on the Land Authority Acquisition List as a potential affordable housing site. Section 2: The City Commission hereby requests that The Housing Authority of the City of Key West (hereinafter "Housing Authority") purchase and hold title to the subject property, provided said acquisition is financed by sources other than the Housing Authority, such as the Land Authority, Samuel's House, Inc., and grants. Section 3: The re -nomination and request is specifically conditioned upon the project remaining as presented to the City Commission and as it exists today, with 20 transitional beds, ten HUD units, one residential housing unit and services for homeless men. Section 4: In the event the Housing Authority is able to acquire the subject property, the City Commission hereby requests that the Housing Authority subsequently lease the subject property to Samuel's House, Inc. to operate in accordance with their proposal. Section 5: That the provisions of Resolution 09-290 which are in conflict with this Resolution are superseded and repealed to the extent of such conflict. Section 6: 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 17 day of August , 2010. Authenticated by the Presiding Officer and Clerk of the Commission on 31 day of August , 2010. Filed with the Clerk on August 31 /, 4 /2,7 Z, CRAIG CA YOR ATT T: CHERYL SMITHJ CITY CLERK 2010 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, NOMINATING PROPERTY LOCATED AT 2700 FLAGLER AVENUE FOR ACQUISITION BY THE MONROE COUNTY LAND AUTHORITY; PROVIDING REQUIREMENTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS The City Commission adopted Resolution 09-188 on August 4, 2009, which established a process for review of properties for inclusion on the Monroe County Land Authority acquisition list; WHEREAS, prior to that date no process existed other than a direct nomination by the Key West City Commission; and WHEREAS, the current applicant began documented efforts to bring the item to the City's attention for inclusion on the land acquisition list well in advance of the adoption of any procedures. 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 2700 Flagler Avenue (hereinafter "subject property") for inclusion on the Land Authority Acquisition List as a potential 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 Samuel's House Inc to operate in accordance with their proposal. 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 17Tx day of November, 2009. Authenticated by the presiding officer and Clerk of the Commission on November 18 , 2009. Filed with the Clerk November 18 , 2009. ee.a2 4e� CRAIG CATES, MAYOR ATT T: N CHERYL SMITH, CITY CLERK r r� � Ati =s •ram: - •b l •~fix-��wxCK �:• c f Or R 7 E c : s: 7 r1 possible what our next step is in order to proceed. I would further request that all previous resolutions passed by the Commission and presented to the Monroe County Land Authority be put on hold. As mentioned at our meeting (on October 15, 2009), there is only $3,000,000 for acquisition available to the City of Key West and according to my information, there is over $5,000,000 value (not including Samuel's House) for properties located at Washington Street, Eisenhower and Patterson Avenue. All of these were brought before the housing committee and commission during the time that we were not allowed to present our project. Also can you tell me if a resolution was ever done on Action item "A" (Attached)? Any other questions please feel free to contact me at 305-296-0240 ext. 15 or 797-9430. 1 remain. Cc: Mayor Craig Cates, Commissioner Barry Gibson and Commissioner Terry Johnston, (Liaison to Commission for the Key West Community Housing Committee) Habakkuk 2 Village Supportive Services Section 1: Followed procedures Section 2: I. Enclosed is purchase agreement for property 2700-2706 Flagler Avenue Key West, Florida 33040. 2. The proposed development will be used for rental housing with detailed supportive services. 3. Yes 4. Samuel's House will maintain and never go above the requirements as set forth in City Ordinance 05-27 for workforce housing. 5. The population to be served will be a mixed of special needs, low, and moderate income. A 60/40% ratio with special needs, low being 60% and moderate being 40%. 6. 2009 Income limits adjusted to household size Monroe County Median Income: $69,200 (Low Income) Rental dwelling unit shall mean dwelling unit whose monthly rent, not including utilities, does not exceed 30 percent of that amount which represents 80 percent of the monthly median household income (adjusted for family size). 7. Current month's rents are for 10 Efficiency Apartments with subsidy funding from HUD. A rent is based on 30% of income and currently generates $38,256, is subsidized by HUD in the amount of $172,517. St. Frances Revenue (shelter) is currently $57,600 annually. The house is currently being rented for $1,000 per month. Proposed rents will be at $550 per month for an efficiency; $650 for 1 bedroom, $850 for a 2-bedroom and $1,400 for a 4-bedroom house. Client fees (shelter) will be $100 per week per client. Rental fees will always be according to criteria set forth in City Ordinance No. 05-27 or any future amendments. 8. Monitoring of affordability requirements will be a full-time housing case manger who will furnish the city manager or his designee with annual information necessary to ensure continued compliance with affordability criteria. Reporting requirements shall include sworn tenant household verification information. 9. This location is considered to be centrally located on the Island of Key West. Public Transportation stops in front of property and all shopping, schools and community services are less than a mile away. Plus Samuel's House has its own transportation which is a 14 -passenger bus that will carry children and two wheel chair clients. This will assist residents with their needs for immediate transportation. 10. Current cost to obtain property with 10 efficiency apartments, a single resident home (four -bedroom) and an emergency shelter with 12 beds is $1,970,000 with approximate maximum amount of additional floor area that could be built appears to be 82,281 less building setbacks. Using leverage as bedrooms cost is $75,769. 11. There will be no anticipated developer's fees or management fees. Any profits made will be used to maintain supportive services for its residents. Samuel's House becomes the developer and manages property. Samuel's House will be obtaining grants (Federal, State, Foundations, Private Donors) each year over next five years and develop property with a local planning company (The Craig Company) (please see attached list of key participates) and local contractors. 12. Funding streams that will make project viable: • Grants (Federal, State and Local) • Foundations • HUD Super Nova Grant (existing) • Client Fees (existing) • Rental Fees proposed • Private donations • In -kind services 13. Staff from Samuel's House will collect rents and provide services that�will be enhanced through the following: • Full time staff on property 24/7 to manage property and residents that need ongoing services. (already employed) • Full time worker to maintain property (already employed) • Transportation services for residents who live on property. (already in service) • Financial Director to audit accounting (already employed) • Housing case manager that will work with clients five days a week (already employed); will also be responsible for reporting according to criteria of report requirements. • Case Manager to provide services for self direction and individualized care (already employed, anticipate employing another case manager). • Clinical Team to direct a healthy life style (to be developed). • Project Team Director to maintain reports for funding resources (already employed). Affordability will be maintained by employing our own employees who have been trained in this field and have over 40 years experience. Also, we have been very successful over the years to receive in -kind services and volunteers that believe in what we do. 14. Samuel's House track record is being successful in helping women and women with children live in a safe environment for the last 10 years. Samuel's House has provided essential supportive services and collected client fees for 10 years. The last two years we have been successful with Kathy's Hope which is long term housing with a recovery program for women who work or have SSI or SSDI for income. Each month we collect rents and provide services. The CEO, Board of Directors, Key Participants and Project Team bring over 50 years of experience in development and management. 15. None to our knowledge. Section 3: 1. The current assessed value is $4,242,596 and asking price is $1,970,000. 2. Deacon Peter Batty is the realtor for both parties, Suzanne Dockerty, PA represents The Archdioceses and lack Spottswood, PA represents Samuel's House. Section 4: Several meetings have been held with The Planning Department and we understand we meet all zoning requirements (see attachments). Q8/26l2Q09 FRI 16:21 FAX 3052967710 KW VACATION CO F"r amendment to CogpMercial Contract This First Amendment is to that certain Commercial Contiact by and between The Most Reverend fohn C. Favalora, Archbishop of the Archdiocese of Miami, his successors in office, a corporation sole {"Seiler"} and Samuels House, 7nc., a Florida not ,for profit corporation (`Buyer") dated April 22, 2009 (the "Contract', for the property located at 2700-2706 Flagler Avenue, Kay West, Florida, Ibr good and valuable consideratioi, the receipt attd sufficiency of which is hereby acknowledged and accepted, the parties agree as follows: 1. The Purchase Price as set forth in Paragraph 2 of the Contract is hereby amended to $1,970,000.00. 2. The Uauce to Close as set forth in Paragraph 2(e) of the Contract is hereby amended to $1,970,000.00. 3. To the extent this First Amendment conflicts with the terns and conditions of the Contract, this First Amendment shall contml. 4, All other teens of the Coatxact shall remain unchanged and otherwise i►i fuff force and effect and the parties ratify and confirm the validity and enforceability of the Conttact. In VAtness Whereof, the parties have signed this First Amendment as of the date set forth below. Buyer Samuel's House, Inc., a Florida not for profit corporation By: I�Imlra-�: -l�etb�,-�ttvel3irecfctr Dated: t .'�9u sA 4C:I:'-� Seller By: '°e EAQ The Most everend. John C. F valora, Archbishop of the Auclidiocese f Miaizii, his success rs 'a office, a corporation sole Dated,_ R 002/002 -0 n n C n r r. N L 0 n L H I�n 1 r_ J u r 7 7 40 4. TiTLI: Seller has the legal capacity to and will convey marketable tide to the Property by X statutory warranty deed 41 ❑ omgr free of liens, easements and encumbrances of record or known to 42 Softer, but subject to property taxes far the year of ciostng; covenants, restrictions and public utility easements of record; and ru Viet any other matters to which title will be subject) �„e „tee, s,�r, OGF I Q�w� jftw s ems, ,a _ c�s�,,-r� 26AL as r2 rasa 44 provided there exists at closing no violation of the Foregoing and none of than prevents Buyer'a intended use of the Property 48 as 49 0 fvtdence of Title: Seller wAl. at (check one) ❑ Seller's X Buyees expense and within 5 days 47 from Effective bate 0 prior to Closing pate p from data Buyer meets or waives financing contingency in 48 Pa raph 3, deNvar to Buyer (check one) 4= �a tide fnsuran� enmitment by a Florida licensed fi![a insurer and. upm Buyer recording the deed, an owner's so In the l cl of of . p purdtase price tortes strnpte title subject to exacepttcxns stated above. s, ❑ an abstract ri tiOe, prepared or brot>ght current by an axtistlrhg abstract firm or certified as correct by an axWktg firm. e2 However, d such an abstact Is not available to Seiler, #ten a prior awnet's title po8cy acceptable to the proposed insurer ss as a base for 5ed policy exceptions and an update in a format all 5�5documa� tha prior poky an Ind the update to Buyer or Buyer s closing agent together with copies of 59 (b) Itte BxCandnatlaw Buyer wilt. within 15 days from receipt of the evidence of title delver written notice to Salter of !tile 57 defects. Title wilt be deemed sccepiabte to Bttysr If(t) Buyer tab to deliver proper notice of defects or (2) Buyer delvers P written notice and Sather cures the defects within 30 . _ days from receipt of the notice ('Curative Pedod'). If the $a defects are cured wittdn the Cura m Period, closing will occur within 10 days from recslpt by Buyer of notice of such curing. so Seller may elect net to cure defects if golfer reasonably believes any defect cannot be cured vvltdn the Curative Period If s+ the defects are not cured within the Cure#" Period, Buyer wit have id days tram receipt of note of 9etfer'a Inability to 83 cure the defects to elect whether to terminate this Contract or accept titre subject to existing defects and close the �+ transaction without reduction in Purchase price. The party who pays for the evidence of tide will also pay related title service toss tncWng We and absu=oharges and tide examination. as (o) Survey: (Cheek applicable pravtatans below) es X 90" will, waif in- — days from Mott" pare, deliver to Buyer copies of pttw surveys, glans, specifications, and 67 e1191neering CIOMT191118t If any, and the folorving documents relevant to this transaction: as opreparad for 8epar or in Seller's possession, w veh show ail currently existing structures. j$ Buyer wo, at ❑ SalkeQ U Buyer'* expense and within the time period allowed to deliver and examine We 7t evidence, obtain a current certified 91-9vey of the Property from a registered surveyor. tt the survey reveals encroachments 72 73 on the Property or that the impmvenenis encroach on the lands of amfiw. ❑ Buyer will accept the Property with existing emwoacftrrterds 0 such encroachments will constitute a tide defect to be cured within the Curative Period. 74 (d) ktgrese and Eg "$-. setlet warrants that the Property presently has ingress and egress. 73 (a) Poesossimh Suter wig delver possession and keys for an locks and alarms to Buyer at cloabhg. 7a 5. CLOSING DATE AND PROCEPuRt:: This transaction wig be dosed in �anroa Canty. 77 Fbdda on or before at_or within days from Effective pate ('Cloatng pate*), unless 7e otherwise extended �ftr BUWwill 40fnate lice closing agent, Buyer and Softer will. w" 79 days from Effective Date, delver to Esorow Agent signed Instructions winch provide for closing procedure. if an Instit�aial eC tender is prwldfng purchase funds, [ender roWirwnerds as to Place, time of da and et contrary Provisions In lhta Contact. Y. d coin* prooedure9 will control war any 82 (a) Costs: Buyer Will PaY taxes and rocordkhg fees on notes, mortgages and fkmnairng statements and reaordl►g fees for Fite deed. Seller wig pay truces an the deed and recording fees for documents needed to curs Oda defects. if Seller Is obligated 84 to discharge any encumbrance at or prior to closing and fads to do rho, BuW may use purchas9 proceeds to satisfy ilia as encumbrances. 04 (b) Document: Smiler will provide the dead, trill of salet mechanic'sran 87 Ran afftdavil, assig9nis of leases, Wdated rent roil, se as oft � and tender esto" letters, assignments of pemltts and ticenees, corrective instruments and tatters notifying tenants change in ownorshipyrentat agent If any tenant refuses to execute an estoppel fatter. Seller will certify that Information 90 regarding the tenant's feaea !s correct, it Sena is a corporeUah, 9e�r wIU deliver a resohafarh of Rs Board of Okeators auNloriring the sate and delvety of tlne deed and certiflcetlrnn by the corporate Secrete st lorih tools ehowbhg the conveyance conforms with tthhe ry oorl►iYing tine retaafuOorh and settfttg ge �Fa •Buyer lull Provide the cbelg etatsmerht, mot�a eta tnotesci t seller wad tartsf9r securtty depasfta ro secwity agreehrrerhts anrt flnanc�ing statements, i &�2004 end gaff[� receipt of a copy of this pays, which is Page 2 of S Pages. Sof wo and AM ofi inbgN &q MaStefto.AlOrrriettllhg e star software, (no. All Riptrin fleeerved. (3" x!B-slits 94 (c) raxee, Assessments, and Proretions: The following items will be made current and prorated 9e X as of Closing Date U as of : real estate taxes, bond and assessment payments es assumed by Buyer, Mrest, rents, association dues, insurance premiums acceptable to Buyer, operational expenses 97 and if the amount of taxes and sa assessments for the current year cannot be ascertained, rates for the previous year will be used with due allowance being aB made for improvements and exemptfam testier is aware of the following assessments affecting or potentlafly affecting too the Property; . Buyer wit be responsible 101 for all assessments of any kind which become due and Owing out or after Effective Date, unless the Improvement is 102 substantially completed as of Closing Date, In which case Setter wail be obligated to pay the entire assessment. toe (d) FIRPTA Tax Withholding: The Foreign Investment in Real Property Act (*RRPTA') requires Buyer to withhold at 104 dosing a portion of the purchase proceeds for renMasion to the Internal Revenue Service ('l.R. 3.'} if Seller Is a 'foreign toe person' as defined by the internal Revenue Code. The parties agree to comply with the provisions of FiRPT'A and to tog provide, at or prior to closing, appropriate documentation to establish any applicable exemption from the witirhotolng 101 requirement: if withholding is respired and Buyer does not have cash sufficient at dosing to meet the withholding nos requirement, Salter will provide the necessary funds and Buyer will provide proof to Seller that such funds were properly tog remitted to the 1.RZ. t to 0. ESCRpyy; Buyer and Setter authorize n n i Telephone: Facaimite: 11Address: to act as "Escrow t3 Agent' to receive funds artd other items and, subject to clearance, disburse them in accordance with the terms of this 11u Contract. Escrow Agent will deposit aM funds received in 13 a non -interest bearing escrow account 0 an interest bearing its escrow account with Interest accruing to with interest disbursed (check one) lie 0 at doainy © at imewsts. it Escrow Agent recalves conflicting demands or has a good faith it7 doubt as to Escrow Agent's duties or liabilities under tltia Contract. Wshe may (a) hold the subject matter of the escrow until 1 to the parties mutually agree to ffa disbursement or until issuance of a court order or decision of arbftmtor determining the parties' its rights regarding the escrow or (b) deposit the subject matter of the escrow with the dark of the ehcult court havktg Xtd$d d xl 120 over fie dispute. Upon notifying the parties of such action, Escrow Agent will be released from all Lability except for the duty 121 to account for items previously delivared out of escrow. It alicensed road estate brisker, Escrow Agent will comply with to applicable provisions of Chapter 475, Florida Statutes. In any suit or arbitration In which Escrow Agent is made a party 123 because of acting as agent hereunder or Worpleads the subject matter of the escrow, Escrow Agent will recover reasonable 124 attorneys' tees and costs at all levels, with such fees and oasis to be paid from the escrowed hunds or equivalent and charged 123 and awafded as court or ottier costs In favor of the prevaMing party. The parties agree that Escrow ApM will not be gable to 129 any person for mledeffvery to Buyer or Seller of escrowed Items, unless the mindeGvery Is due to Escrow Agent's wNAul breach 127 of this Contract or gross negligence. 128 7. PROPERTY CONDMON: Seftr will deliver the Property to Buyer at the time agreed in its prewt 'as fe condltlon. M wdhmywear artd tear excepted, and will maintain the landscaping and grounds Ina comparable condition. Seiler makes no - warranties other than markstablfity of title, By accepting the Property as Is,' Buyer waives all dalms against Seiler for any MI defocts in the property. (Check (a) or (b)) - tax © (a) As is: Buyer has Inspected the Property or waives any right to Inspect and accepts the Property in its 'as is' M condition. receipt of updated survey 134 (b) lire D199"ce Period: Buyer Mi. at Buyers expense and within 3� days from f#v*#re-Meets ('Due 135 Diligence Parlod'), determine whether the Property is suitable, in BUyar's sole" absolute discretion. for Buyer's Intended Ise use and development of the Property as spedfled in Paragraph 4. During the Due D111pence Period, Buyer may conduct any 137 teats, analyses, surveys and invea0gatlons ('inspections•) which BuW deems necessary to determine to Buyers 13e satisfaction the Propartys engineering. architectural, envirortmepid properties; zoning and zoning resMons; flood zone 139 designation arut restrictions; eubtfhrl9tan regulations; sit and grade; avalfeblffty of access to pint roads, water, and other 40 utMglea; consistency with local. state and reglonal growth management And cattpreheraive se land uplans: avalfahOHy of 141 Permits, govsmmant approvals and licenses: compliance with Amedaan with Mabliftlas And; absence of asbestos, soil and $42 ground water contamination; and other inspections that Buyer deems appropade, to determine the suitability of the Property 143 for Buyer's intended use and development Buyer M M deliver' written notice to Seller prior to the expkgtlon of the Due 1s4 Diligence Period of Buyer's determination of whether or not the Pmparty is acceptable. Buyer's falkure to comply with this ua notice requirement shall constitute acceptance of the Property in tie prosent'as le condtfiw . Boller grants to Buyer, its 146 ageMa, conhadora and assigns the right to enter the Property at any time during the Due Diligence Period for the purpose tar Of conducting Inspections; provided, however, that Bayer, No agents. contractors and assigns enter the Property and 14a ocnduct Inspections at their own risk. Buyer shall indemnify and hold Se&w harmless from losses, damages, costs, claims its and expenses of any nature, lncludkng attorneys' fees at all levels, and from tiabfliry, to any person. arlsfng from the conduct 1e0 of any and all I►spections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a 151 meotranla's Men teeing filed against the Property without Setter's prior uwaan consent In the event this tranaacuon does not 152 chase. (1) Buyer shall repair all damages to the Property resulting from the Inspection and return the Property to the 1s3 condition it was In prior to conduct of the Inspections, and (2) Buyer shag, at Buyers oVense, release to Seder an reports 154 and outer work generatad as a resultof the Inspections. Should Buyer deliver finely notice that the Property is not 155 acceptable, Seder agrees that Buyer's deposit shag be knmedlately returned to Buyer and the Contract tonninated. 156 Buyer ? (----3 and ( _� sdcrwMWP Melpt of a copy of this page, which is Page 3 of 5 Pages. Oa•x O 1W7 ASSOCA"m d Re�oram. nerved, Uwreed 10 Arta SW 30twe sofnrrarerand AddBd Forrnattktg Co ht 2004 Alta Star Softwms. Inc. AN Rights Reserved, (30Q 270-311 t1 Is? (e) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the parties, lag conduct a final 'walk-through' Inspection of the Property to determine compliance with this paragraph and to ensure that all 169 Property is on the premises. 160 (d) Disclosures: 161 1. Radon Gas. Radon Is a naturally occurring radioactive gas that, when it has accumulated in a budding in sufficient 162 quantities, may present health risks to persons who are exposed to t over ttma. Levels of radon that exceed federal and 163 state guidelines have been found in buildings In Florida_ Additional information tegardtng radon and radon taAng may be 164 obtained from your county public health unlL 165 2. energy Efficiency- Buyer may have determined the energy efficiency .atft of the butiding, if any is located on the Ise Reel Property. tar 8. OPERATION Of Pi3OPERTY DURING CONTRACT PERIOD: Sadler will continue to operate the Property and any 168 business conducted on the Property in the manner operated prior to Contract and will take no action that would adversely 1W impact the Property, tenants, lenders or buskme. it any. Any ch , such as renting vacant space, that materially alfect the 170 Property or Stroes Wended use of ti&e Property will be permitted only with Buyer's consent ❑ vAlhout Buyer's 171 consent. 172 9. REMRN OF DEPOSM. Unto" otherwise specified in the Contract, in the event any condition of this Contract is not met 173 . and Buyer has timefy given any required notice regarding the condition having not been met, Buyer's deposit will be returned t74 In accordance with applicable Florida taws and regulations. 17.5 1Q DEFAULT: 170 (a) In the event the sale is not closed due to any default or failure on the part of Seiler other than failure to make the title 477 marketable after diligent effort Buyer may either (1) receive d refund of Buyer's deposit(a) or (2) seek specific t7a performance. It Buyer elects a deposit refund, Seiler wit be liable to Broker for the dolt amount of the brokerage fee. re +7Q a (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Setter may either (1) retain all p—sigel a Igoby Buyer as agreed upon liquidated damages, consideration for the execution of this 1e1 Contract, and In hilt st#demoont of any claims, upon which this Contract will terminate . If lea Sellar retafne the deposit, Salter will pay the Listing and Cooperating Brokers named in Paragraph 12 W percent of all lea forfeited deposits retained by "for (to be split equally among the Brokers) up to the full amount of the brokerage tee. 104 1es lee ta7 12. BROKERS: Neuter Buyer nor Seller has utilized the services of, or for arty other reason awes compensation to, a $ee iloensed real estate Broker other than: 19e who I ❑,WokW.. S" gmnme Bf Rerr�Batst+� �; Ci �r�t s_► J/Ba>�+ld RQartv,.,,,(, 5'� olLx ski an agent of 191 X a trarrsecdon broker L3 a nonrepresentative and who wit be 192 comperrsatsd by -0 Seller 17 Buyer ❑ both parties pursuant to ❑ a listing agreement ❑ Other (speof y): 193 194 (b) Cooperating Broker- igXAMMWWAI &at r r_ 1623 aLCdaswal _. M who is ❑ an agent of lea 9 a transaction broker nonrepreg� ative and who will be rsr compensby 0 Byer j4' Sell 1i both parties pursuant to ❑ an MLS or other otter of compensation to a Ise cooperating broker Q other(spwNy) 199 (00880vety referred to as *Waked in covtnectim with any act relating to the Property, including but not &rafted to k)q irtea, goo introductions, WnsultOlOns and negotiations resulting in this transaction. Seller and Buyer agree to ktdemnify and told Broker 201 harmless from and against lasses, damages, costs and expenses of any kind, inctuding reasonable atiomeys' fees at ail 2e2 levels, and from liability to any perm, arising from (1) compensation Named which is koonsistent with the representation in M ills Paragraph, (2) eNoael 1011d action to cotieot a brokerage fee pursuant to Paragraph 10, (3) any duty accepted by Broker 204 at the request of Buys' or SeIhr, which duty is beyond the scope of services regulated by Chapter 475, F.S., as amended, or gas (4) recommendations of or services provided and expenses incurred by any third party whom Broker refers, mcomalands or sae retains for or ort behalf of Buyer or Seiler. — 13. ASSdOMABILITY; PONONS BOUND TW8 Contract maybe assigned to a related anitiy, and otherwise 9 is rot we assignabla ❑ Is asalgnable. The terms -Buyer,' "Seller' and 'Broker' may be singular or plural. This Contract is binding 20 upon Buyer, Seiler and their hairs, personal raprosenMilves, successors end assigns (it assignment is permitted). 210 8 Cn d and geryer. aCRAOraselpr Of a copy Of ills page, witch is Page 4 of 5 Pages. OG20 r A L.6.0 Nertora®, swved. Umntad /o Ma Stu aohwem '<� and Added Formalf"I AR e40N Alta Sfax Software, ino. At Rigtcis ►tesorvad. p" 274-ae99 21 14i OPTIONAL CLAUSES: (Check ti an of the following Clauses are 212 u Arbitration 6 Seiler Warrartty a an%reFatts� bed Mortgageng an adder�lum io ifs Contract): 212 a Sectiat 1031 Exchange 0 Coastal Construction Control L ne jt8�[ Ocher as 215 Property Inspectlon and Repair a Flood Area Hazard Zone X Other A (rk,tur4rms.wd rr4 a�e Seiler Representations C7 Seller Financing 0 Other 2'7 1 S. AMSCELLANEOUS: The terms of this Contract constitute the entire agreamerd betweon Buyer and Seller. 218 Modifications of "a Contract will not be binding unless rn wrWng, sighed and delivered by the party to be bound. 2:e Stgnatures, Initials, documents referenced in this Contract, ommterparta and written modiffeations communicated 220 electronically or on paper wiry be acceptable for all purposes, including delivery. and will be binding. Handwritten or 221 typewritten terms inserted in or attached to this Contract prevail over preprinted terms, if any provision of this Contract Is or zzz becomes invalid a unenforceable, air remaining provisions will continue to be fully effective. Th s Contract will be construed z23 under Florida raw and will not be recorded in any public records. Delivery of any written notice to any patty`s agent will be 224 deemed delivery to that party. 226 zee THIS IS iNTENOED TO BE A LEGALLY SINDM CONTRACT, IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF 227 AN ATTORNEY PRIOR To SfGMG- BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND zee REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE PROFESWNAL FOR r LEGAL ADVICE (FOR E)CAMPLE, INTERPRETING CONTRACTS, DETERMINING THE EFFECT OF LAWS ON THE 23D PROPERTY AND TRANSACTION, STATUS OF TITLE, FOREIGN INVESTOR R�RTING REOUIREML�ITS, ETC,) M AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER SPECIALIZED A7V(CE. BUYER 239 ACKNOWLEDGES THAT BROKER DOE'S NOT OCCUPY THE PROPERTY AND THAT ALL REPRESENTATIONS 239 (ORAL, WRITTEN OR OTHERW'W BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBLIC 234 RECORDS UNLESS BROKER MIOICATES PERSONAL VERIFICATION OF THE REPRESENTATION. allYER AGREES M TO RELY SOLELY ON SELLER, PROFESSIONAL IN"150TORS AND GOVERNMENTAL AGENCIES FOR E38 VERIFICATION OF THE PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT �7 PROPERTY VALUE. 238 239 DEPOSIT RECEIPT: Deposit of $ a _ 240 by 0 check Cl other 241 received on 242 94nature of Escrow Agent 243 OFFER: UUYW ot(ere to purchase the Property on the above teens and conditions_ Unless I5 244 and a signed copy delivered to Buyer or Buyer's agent no later than ^Q® signed by 3et(er 245 C7 a.m. L] p.m. on 248 &ryer may revoke this otter and receive a refund of all deposits. 247 367ritrRl B H01199 Im, a F706da not for pn)& emporatlw► 249 M249 �(- D ate: �BitYEI� % r7� — j , r {'.�-� TaxID No:zsa 253 Address Talephprte: Facsimllw 2% ZZ Date: BUYER".— Tax ID No: 9" Title: 25a Address: Telephone: Facairrdle: 259 m ACCEPTANCE: Sadw accepts t3UWG offer and agrees to 60 the Property on the above terms and conditions { O subject 901 to the attached cotmter offer). 2" r �J ! 2e3284 ' ,� 1 Dater SELLERS Z v f— ii� z .�ay< Tax iD No: 288 rile: 04�r Ra'maad Jonrt R F.vsfaar, Arw WOW 2e7 Address: T�! mtrorte: Faoalttdle 2e9 2" pate: SELLER- M Tax IO No: 971 Title: Telephone: Faoslmue: 272Address: 273 274 Buytx and SQNer r The nxmrua . y Reaft" aw y twl -------J aaknoedQs receipt of a copy of This page, which is Pap of 5 f'agss. tbn Or Fleekon rr6ke ro rawaeomwon 48 to a* tepee Y Eft or adegway Of any prorigon of out fall in ar ep4trl0 V W%&ctrat. Me sWXWiSzsd not b4 wed In owoo 4anes e s a rrah a+raMYtY4 rklNa a adWrtena. Tire norm m av4941tr4 for um by tin entire roof "Is% lnducby 4W I4 not intended #0 uW m a RNRar. Rex%" is 4 Waft 18OWWWp �o�_atf♦CdY4 mark tint Rennes wtio are maratti4 of (tb tiortal A4soogdon of na4kot4 and Who adbaon0o to et coda or et . /� �^4V be Ut4d alirY tN feat MOad/ The eooWW kwa a rite Unged $latex (17 U.S. Cow) rand tine unaaawrtmd reprixixo e of b" forma by any mean kVkR np fa"imh a mmputarfme forma. M20 1997 Pbdd4 Aawdelbn of rtaaaoMa a dotw waarv4d ucented to Aka eta softwme, Software and Added Forrawtttrg C:opyrtgM 2004 Alta Star Software, Into. An Rights a;eswved. (ins) 279-OM r u C r 7 n a x� C - r s u C' 7 7 i G s y 0 u s ti n u Y u r ti u r u "AS lS" RIDER This "As Is" hider is to that certain Commercial Contract by and between The Most Reverend John C. Favalora, Archbishop of the Archdiocese of Miami, his successors in office, a corporation sole ("Seller") and Samuel's House, Inc., a Florida not for profit corporation ("Buyer") dated of even date herewith. It is expressly understood and agreed that Buyer shall accept the conveyance of the Property in its ptrsent condition, "AS -IS, WHERE-1S," subject to all patent and latent defects. if any, with no representation or warranty by Seller as to its fitness, suitability, habitability, or usability, including but not limited to, the quality or condition of the Property, the manner of operating the Property and the expenses of any type related thereto, and the compliance of the Property with any laws, rules, ordinances or regulations of any governmental body. Seller makes no representation as to any environmental matters relating to the Property including, without limitation, soil conditions, Buyer having been given sufficient time during its due diligent investigations to satisfy itself that there are no Hazardous Materials or conditions on or in the Property that would cause either State or Federal Agencies to order a cleanup of the Property under any Environmental Law. As used herein, the term "Environmental law" shall mean and include Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601. et seq., Resource Conservation and Recovery Act 42 U.S.C. 6901, et seq., and all other similar existing and future federal, state and municipal statutes, rules, regulations and ordinances governing the environment or the generation, disposal or storage of any Hazardous Materials or conditions, all as amended from time 'to time and all rules and regulations promulgated thereunder. The term "Hazardous Materials" shall mean and include asbestos, polychlorinated biphenyls, petroleum products and any other hazardous or toxic materials, wastes and substances that are defined as such in any Environmental Law. Seller makes no representation as to the condition or value of the Property. Buyer hereby waives and releases Seller of and from any claims, actions; causes of action, demands, rights, liabilities, obligations, damages, costs, expenses or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, that Buyer now has or that may arise in the future on account of or in any way growing out of or in connection with the economic, physical or environmental condition of the Property. or any Environmental Law or applicable regulation. The provisions of this As Is Rider shall survive Closing and the future transfer of any or all of the Property by Buyer. Seller By:'r� T)fe st Reverend John C. Favalora, Arefibishop of the Archdiocese of Miami, his successors in office, a corporation sole Date:[ - - d Buyer Samuel's House, Inc., a Florida not for pmfi�gration . Print Name tic 4, Da te:. - uMrr. [L. tVVJ r Jl,�r+� nr<vrasr r,ire ;nsurdnCe rtolo U.004) r, e Cxhibit "B" 1WS ►Wirumeat prepared by: Tkaraea Pt+eEeo dote 1700dd4 W24/28e8 3:3r" FetIil*d C t d en eritaiat Reoorda or nm�tr t . It01.f Aspsttmeat of Children and FUWN, I ttl tZ" 5lreet, Key West t7arfda J3fht® ,t' t�RF*Zt�bloUW 61 Cl : PY tU2.os 36% M deck of the drtwt eooettt no 1040 E Wig' of tlK"tY of .r o p lT�d4 ®' ate' is fit. tires eb. S`tt 2300 PO 021 Maids Suta, on"" UZ b"good by chapter MORTGAGE LIEN AND SECUKrrY AGREEMENT In considmttion of an Emergency SAalter Ctrant Contract (the Flodda �Crnmt of Children and Family Services "j' bySiete of of thq Archdiocese of Miami, L7e. {the " (� "-- °-�r���• to Catholic Charities in the Emergency Shelter m the amotmt of S9 004.t1p, as provided fur $ ter Ciratll Cataract (pptraat"l betty Grantee for Coatrnct Number KF113, for t6 mnort kwa to.� or ��em and of u"provernaus oa, the following described may, dw 0100% a� the other�st�on of any, having any latmot in fire harreinaft r described end deffned tmdeIVVed* if d grant a Gen to the Departmew, hetcby mortgage end � . vtwhose o;tisa addrrss is 1 i� Wiuet�ooed R .+ t• n r. I ,Rate on all of his, y. o rider tight" title and enterrsts In tad to the Und and rune t't opetry loettted is Monroe County, h"torida, and more ptatiCtt Wly described in to gge 10 the hereto, r mark a part hereof (said laud and reel property and tots other matters referred to is dsr next phrase uer ingham A er collectively referred to as the *i q toBaher with All existing or subsea y erected or ail7tted buiMnge, brtpror end haediutmeats; a WmenU; �ptrrtenmroe� dad ell other k &W I "t oPr 6�ts, including withoert lirnitatiott ed► tnincrd, oil, gag, ad sltbllarmattcrs Chuck the appropriate item below; (2) The Grantee owns the Property. Or loin Cx Pavelo 7 The Grantee does not ow,a dw ptopcy, in which cast (1) The Most ReV. m, Archbishop of the Ar�ese dineof j��j, Isla sutoessors in o€liee, at corporation sole (the "fbe Owner-) is tits owner of Bit P instrwmnt for the purpose of subordatat' roPelty eW joins In the execution of this the lien or 'his 1"bumOnt, and the Carat a has a her, or its fee simple inte,= in the Property to ore! Ieete with the fee owe. �sehoM interest in the Property ptusnent to on $rani to 7100 UCC and the other understgged, if Oyr having any interW a alga Kerr Pertmer?t a security interest attdcrby the Plorida Wform CommerrisJ Code-Smu,,d u 4,_ LV• LVV) I.. lG rt.l, I, ,ylrl 41"t I "IV — VVVJ I' ! Doom 170ae" Oka xtu Fva azz TranWtions, Chapter 679, F.B., in All fixtures; plumbing, heating, air conditioning and other equipment; building materials, appliances, floor and window coverings, and any personery, purchased or to be purchased with the Contract to be located on and/or ascd in connection with the Property and/or the improvements and renovations to the Property to he made pursuant to the Contract This Insw alumtot is giver to secure (a) the paYmera and perfonnetca of all obligations of the Grantee under the Contract, (b) the Deparunc it's Interest (as hereafter defined) in the Proem'+ and (e) the payment and perf0muLace of all obligations hacunder. The "Ilena�gneni's 1°tKMLr stall be or deemed to be an amount equal to the amount of the Contract proceeds that have been disbursed to the Granter from dim to tithe, plus all othar cost, fees, @tend expenses owed by the Granter, or for which the GtOnfa is are liable, under this instrument and the Contract. The OtPutme"(2 IateM shad be, or at the time that it is to be determined shall be dammed to have been, proPortiotu►tely reduxcW and t; "Tam") of etnortfration unicss the lien of this m Y fled ed over a S year period (the that time the Dcparttrtetu declares all sums and a �8 satisfied be%r a that thane or if before pgabk in aacordanoe with this provisions Of SWiota It �howhe, The er to be itnateMme due and date of the exaution of this imUutneat and end on the date dw is Term y4 shall M the d ce on the completion of tine imptovenaents to be made years evidenced the date i the the aompktioa of said improvements Approved DcpDc Cowcw � evidenced by a e Pub of Records ofthe County in which the property is doartmd. As a condition of receipt of state finding for this raoovatyon, and/or construcrion the undersigned agree that (a) if the property is disposed of hefare the Depan�rrrent's ►merest is van Wd or M at the time the DepaMneai deciarea all sums and obligations hereunder to be immedial* due and payable in accordance with the proviaiorta of section 18 below, an amount calculated as set forth in .s lLb*w sh O be itnmediataty due and tntetib without arse ititetrst thereon ex payable by the Crrantea to the Dgat instrument or as otherwise °M is the event of delkdt under this rude sums to the oT y provided for in this inssft"w t. If tha Gamete@ fails to pay all fit, immediately Upon star disposition of the P'naperty or otherwise whM due, from and Aar the date that the Department "am a default lteretaradrr steel soma shall bear interest at the laghost rate permitted by law and such huereat «ball also bo iminediatcly due and payable by the Grantee to the Departtr1m. The C rufte further agrees: 1. To keep the Property insured by such iara m, agairryt stwh pails, ens such forms (including without limiu"M forms that Inch de loss payable provisions adaptable to snit in favor of the Depargneric and naming the Departmgn as an addltdonW insured) with such provision requiring the insurer to give the Dim at ka 30 die or ), any chanties du Polley or coverage or any infant to cwkml or not renew the policy. "dac � such amounts, as iha 17cpartrrrcrrt may dam dme to time and shall furrash to the RPProvc7 dam, and advise Grantee of I3apartmeot evidence thereof drat is satisfactory to the Deperanent, Page 2 of 10 ""tv, 1vv7 i .ien.r ni.u''it y a ,,i,t ,n�arance rvno Ye.t1DG) r, 0 tloelt I?AN" no 2MI Pstt Q3 2. To pay ail taxes, assessments, Ind other costs and charges that may became a lien on the Property and all dommentary Stamp or other excise taxes due is connection with the execution and delivery of this instrument as they become due (and in all events prior to delinquency), and famish to the Department evidence thereof that is satisfactory to the Department 3. To comply with all laws, ordinances, rules, regulations, pxo lures, guidelines and standards pettainpag to the Property, including without limitation all environmental laws, ordinances, rules, and regulations; and to obtain, keep, and malntafn all permits and causes ncccssary for the Construction, renovatiaa, repair, and operation of the Property and the business to be conducted on the Property for the purposes for whit#t the Contract pay beer made, Also to comply with ail law', ordinances, rules, regulations, procedures, guidelines sad standards Pertaining to the Caatr3eL 4. To pay ail persons or flans performing any work or suMbdng any materials for the construction and/or rerwvation of imptave CM tm or the tttaitltenanca or repair of the Property, and all other persons and > who nray have construction 13ea or other stattttory lien rights for the performance of work or sarapees relating w the Ptoperty as and when all sums therefor ate due and payable. S. To pay and perforut all obligations Under MY other prior or superior mortgages, liens, or encuo'bl'"c a ag they become due (and in ell events ptkw to delinquency): not to create, suffer, or permit any subaegtrent tiutrtt or mortgages on the Property widwa the Depa,tm,ent's prior written COnatnk to keep the PtopeM free and okay of ag other liens and enc urtbraacek including without limitation ale construction liens and other statutory liens for the performance of wank or services relating to the Property, 6. To keep the pmPerty free and clear of all poqutants, hazardous materials, and waste, including without limitation petroleum products, with the exception of legally ixtmitfed and properly stored materials in reasonable amounts customarily used in the construction, nenovatpoa, use, and operation of similarpraperty. r 7. To maintain the Prolxrty in good condition and promptly perfbrm all lepairs. replacements, and maintenance necessary to preserve its value, 8. During the term of this instrument, not to sell, transfer, mortgage, or assign its interest in the Property or in the property subject W the srcurity interest under the Florida tlalfarm Commercial Code -Secured Transseaon4 union the reasonable or not, approves the sale, transfer, �rtM018 In its role discretion, --ether 9. To continue th6-qTM*M nmintaumor, fair, and gftbdstraion of the Propeny in accordance with the purposes for which the AWI of (be Contract were originally appropriated and the terms of the Contract, and for the length of die Term. 10. (a) if orarttea Faits to cQMPIY wRh Scoke 9 above ar (r) if the property is disposed of before the pepartrnent's lntetest is vacated, or 09 at the time the Deparbaenr declares all stuns r Page I of 14 Jill. 40. jvvY I`.)ZAcel Mt(0rAtY 1 1 ' ( a ,asuraate rYia at, 55G7 r, ! aselt 1IM64 Bktt 2365 PSI 824 and obligations hereunder to be immediately duo and payable in accordance with the provisions of a pt a IS below, the Grerttec shall pay Department, to the Department, than no later upon demand by the artment, without any interest thereon except in the event of default wider this instrtetnew or as otherwise expressly provided for in this instrument, an amount cgwl to the Department's sntore:st, as adjusted by amortization. (b) if the Grantee fails to pay all such sums when due to the Depannm1t, that from and after the date that the Department declares a default hereww" such sums shall bear interest at the highest rate permitted by law and such intcre t shall also be irnmediMly due and payable by the Grantee to the DeparmertL 11. Ail such swns recovered by the Department pttrau#M w �1�Ra upon the exercise of any of its trntcdka sunder tld 1A above or section , otherwise available to the Departmem at law or in i �` the Contract, or Dgmrwmt for an costs of exercising its rrmcd lY' shall be applied first se reimburse the through all irisl and lulling ` igmut limitation attorneys' fees Appellate, levels and in arty lnmolvextcy proccedinM together with Irrt�est the at the rate provided for in Reetior f Florida Statutes, then to reimburse the Department for arty+ sums advanced by the Delmimew pursuant to � below and interest thereon at the rate provided for in as Florida Statutes, and then shalt be retained by the 0cpnrtmettt as program income under the Emergeny Shelter Grant "ram and be used by the Depatmteut fm hxther eligible grant putpose:s and activities is acoordaace with 24 CPR part 576, including without limitation 24 CFR 576.67, 12, The Grantee shall inderruzify, defend, and hold the Departmia bait» toss from and against any and all claims of out damage to property. ,u{sing for damages resulting tMM personal lNury, including death or stog out of or relating to the Property or the use of the Contract ttuosey. t 3, Grantee shell rotte» to the Department any portion of the Contract money is not necenmy for the cost of the itnptoveu=% renovations, aad personalty, for which htthe Contract Was awarded. 14. At all times in which Contract money is being disbursed and during any term or period of construction or mnovadoa of improvements OR the Pro"money is tinily and properly spent according En the Co"Dw end until such time as the Contract fidelity bond, in the amount of the Co Conerac4 the Grantee shall obtain a blanket Fntaittess inn this stye apd a Contact. issued by a company a�zod r� tfMR4 to do In the event that pptoved by the tkpatustenf, which will tefmburae the anyone handling the Cordract moneys either t Contract tnatrays, and in form requiring the sorely to give Jes or absconds with the wrlttrrt notice of soy intent to cancel or not renew the hoed. Atl�t at leant 30 days prior nn�ys MOM be covered by the bond. p handling the Cootraci 1 ff any obltgatlort hereunder the or under the Contract is OW timely paid or performed, or in e event of airy bead, of arty warranty llerCWkUr or under the CorWW, in addition to all other remedies, the Department may. but is not obligated to y or breach and the costs thereof shall bear interest at the highestgate rrrr the obligation and eve the Permitted by law. Such costs No 4 or in ,rnn.to• vJVY 11:)tnM Attolaty 3 ('e 't3otanCt tuna ko.0DV1 F. n Deem 17D1tiU4 and interest thereon shall be secured by this instrument and be immediately due and payable and Paid by Gruttee to the Department upon demand by the Dgw4r=c 16. if arty action or proceeding is commenced that in the opinion of the Department would materially affect the Uepwtmett,s interest in the Property, the Dcpartrnent may, but is not obligated to, take any actions the Depa umut deems appropriate to protect its interest in the Property and the costs thereof shalt bear interest at the highest rate pemitted by law. Such costs and interest thereon shall be secured by this lamunent and be immediately due and payable and Paid by Grantee to the DVaMnent upon demand by the DtpattmenL 17. Grantee warrants that (a) If t7rasmee is not a governmerrtai entity it Is a Florida corporation not=for-profit organized and existing under the Fierlda Not For Profit Corporation Act and exempt from taxation under Section Spl(C)(3) of the United States Internal itcvcnw Code of 1987, (b) Grantee and all persons or ftw having any ownership datletest in the Property have joined in the execution and delivery of this instrument and have good and marketable fee simple NO to the Praperty free and clew of all other liens and encumbrances other than govcmmerttat taxes, assessments. and charges not yet due and payable and any other matter consented to by the Deparunsnt in uniting, (e)) each of the wxkaigned has tho full right. power, and authority to execute and deliver this instrumont to the Department and this instr r new has been valldly executed by each of them, (d;) this insmemant constitutes a valid lien and encumbrance on the goad and marketable fee simple title to tho Property and the good and marketable title to the property encumbered by On security Interest umkr the Florida Uniform Commordal Codc•Secured Transactions granted by this instnan=4 including without limiWon the property daeaibed in Exhibit "Q" attached hereto, dice and clear of all other liens and encumbrances Other than govetnmental taxes, assessments, sad charges not yet due and payable and any other mattes consented to by the Department in writing, and (e) with the exception of such matters it will defend the title to tha Property and such other property and the priority of the lien of this instrument thereon against the chimer of all odwr persons or firms. 18, Upon (a) the failure of tiny obligation wader this 6arumem or the Contract to be timely paid and performed m War the breach by the Qramee of any' to m or coadition under this Instrument or the Comma; (b) the death or dissolution of any of the undersigned; (e) the insolvency ofany of the undersigned, the appokitm4wt of a receiver for any part of the property of any of the ex►dersigned, any assignment by or on behalf of aV of the undersigned for the benefit of creditors, srry type of creditor workout, or the commencement of any proceeding under any baWOPICy our insolvency laws by or against any of the undersigned; or (d) any attempt by say governmental egoncy or entity, any other person or amity thal has the power to exercise the power of eminent dowain, or any creditor, to attedr. levy upon, garnish, or takt the Property or any portion or proceeds thereof, the Depart ment MAY, at its optron, dedare a default hereunder, declare all sums and obligations bereundet, with interest thereon as hereafter provided, to be immediately due and payable, and exercise any all remedies dwmfbr available at law, in equity, or under this inserumcut, prom aril alter the date that the Depwtment declares any such defauh harcnrtdcr all sums due hereunder shall bar iricrcat at the highest rate pen1dwDd by law. X default under this instrument or the Contract shall be a default under each and both such inatrume,rds. Page S at to gun. no, daoy tr+,torney s „t.e llsofanCf tuGa vo. bbU9 Y. y tresa 1+%� Bkp 236E Poll 925 19. Without limitation, such remedies include (*)judicial foroclosurc of the interests of the undersigried, and M to the fullest' cadent permitted by law the tight to obtain a judgment for any deficiency remaining in the Sums Muted hereby after the application of all amounts received by the Depa2tment harp the exercise of any of the rights provided in this aectfon 19, the foregoing section 19, and the following Seedon 20� 20 Without limiting tho generality, of any the foregoing, with respect to the security interest under tho Florida Uniform Commercial Cade.Seated Transactions, Chapter 679 F.S. granted by this it trument, the Dep ew shag have ail rights and remedies of 4 secumd party under the Florida Uniform Cornmeucial triode -Secured Trartsactiood. 21. All of the Department's remedies hereunder are cumulative and met' be exercised alone, together, or in any combination thereof, 22. Immediately upon demand by the Department. the Grantee shall pay to the Department all costs of collection of the obligations and suns set forth her$in afiQr tefcrzel to a collection agency or attorney, including without limitation an attorney that is a srdsied employee of the Deparime at, and also including without Ifmiadon reasonable atmrneys, fees at trial, on appeal, and In any insolvency proceedings, including without limitation the cods of an attorney that is a salaried omployee of the Departrotnt, end all costs incuaed by the Deptttirnem in exercising its remedies hereunder All such costs shall bean interest at the highest rate permitted by law and all sueb costs and inttrast thereon are part of the sutras sec rW hereby. 23. The Crrantm is pmsonatdy liable for surd OMHgtued to pay and perform, or caused to paid and perfoumed, and shall pay and perfarm, or caused to paid and perfoumed, wit due, whether by acceleration, or otherwise, all nblfgetians and stuns provided for under this instrurnrnt. Any other person$ Or entities who sign this instrument are doing so solely to, and do hereby, encumber, subject, and subordinate his, her, or its interest in the Property, whether as an owtrQt of the reef property ancura bored by Chit instrument subject to, and as a lessor under, a tease in favor of the Grantee, by marital or homestead rights or otherwise, to the tiers of this irtstrtmourt and are not personalty liable for or obligated to pay or paMr+an suet' oblige and sums provided for under this in6lttarrerr{ All parsons or antitfes, other than the Orantee, who sign this hwaumva , whether peuaogally liable beretutder or etch, agree that to the fhlkst extent permitted by law the Department nuty, without notice to art! wittrotrt his, her, or its cortsaft, deal solelywith the Grantee by wary of exteridON .modi6catioty renewal, forbeara nm or o accOrnmodatuu►s with to thQ thtenvise titAm Oiler scans raider this ,instrum w without a t addQ tuns and °f and the obligations ark acting bnpairing the ptsrsonal liability of the Grantee or any a party personally liable for the obligations and sums haaunder or the lien or ioriof the lien of this instrument on the Property. an 24. This instrument contains the autiro aJireamenrs of the pariks with respect to the matters covered hereby and may be modified or aromded only by an instruusigned by whoever wilt be bound or obligated by hire nnod:ftcaG� +s or nondtacnt. No rig of the Vaparttnent hemundet shall be construed to have been waived unless wsfvcd in willing by an lu*urncrit signed by the 1 �f i Page 6 of to ,j+n.to. zVVI r!:)tnr Otto nays i•t.e .asaraate runs No.bilii) 0"" 17M84 8k4 2346 hr $27 Department and any such writtenwaiver shalt not apply to any other tight of the Deparnnern hereunder or any fixture exercise of any such rights waived in the written instrument urless so axpmsly stated in the written inmuntent signed by the Depatttnett. 25, This inswurnent shall be governed and constnred by any applicable fedoral law and to the extent not preempted by federal law by the conflicts of laws provisions taws of the Slate of Florida without regard to its 26. If any provision of this instnunent is found by a court of competent jurisdiction to be Invalid Of unenforceable, or invalid ,u wwnforceable in any particular circumstances, snob invalidity or tmenforceabllity shall atTed or impair the validity or eotbt+ceabiGty of such provision in other permissible circantstant O or the validity at cnforecabirtty of any other provision of this insttument 27. Without the writtf Consent of the E)epartmeut rat rdcd in the Public Records in the County in which this instruro tat is record4 there shall be no merger of the interest or estate crcated by this instrument and my other interest or astute in the Property at any tiro held by the Depattment in any capacity, 28. This instrtaurnt shall inure to the benefit of and be binding upon the parties, therk respective heir!, personal represenrtetives, successors, and PaMLsibk SUcocssora in title and assigns, end in the event that any one or snore of thorn berrafter become the owner of the Property the Deperartent may, without !!oboe to or cottaent modificby any of the undersigned, deal with Y such owgty or owners by way of extension, tenmwal, fotbaaraace or otbuwisc make Other accommodations with regard to the tens and ROWdans of eta the obhgations and turns under this instrument without affenting en. impairing the personal liability of &ay party personally liable for tho obligations and stem hereunder err the lien m• priority of the Ike of this instrument on the Property, 29. Wherever USW in this irtstn nWW all pronouns seer!! include the feminine, masculine, end neuter gender and dtc singular shall Include the plural and via versa. 30, Tetoe is of the essence in Ibe payment axed performance of the obligations under Ibis instrument, �Y thttn e acceptance of Ibis instrument the Departmeral agrees th*t it shall execute a satisfaction of this butnetat in mcordable form upon fug compliance by the Grantee with the all of the terms of this insttuntent, In witness whereof: this instrument has been executed as of tho y of_ kkq— Pagee 7 or 10 r { n E 0 n su Y I n 7 u r n I s u I S pan.Id. (GV5 II:)JAM AfiorneY S =1Ie ltsvia— -4-1 sa.bM d p"* 170064 pWRIT A Commencing at the intersection of the southerly right of way line of Hagler Avenue and the westerly right of way line (cub llne) of Roosevelt Boulevard, is Key West, Florida, bear south 6r4S'4V' west along the southerly right of way tine of Flagler Avenue for a distance of672S.19 feet to the point of beginning of the said real estate hereinafter described; from said point of beginning continue bearing south 6V45'44" west along said southerly right of way Tina of Flagla r Avenue for a distance of 270.0 feet to a point; ftwa !roar soA 21914`20^ no for a distance of386.0 feet to a point on the northerly side of a proposed canal; theme boar ndztb 6804S'40" east along the northerly side of said pro"posod canal for a disttmee of 270.0 fetal to a point; thence bear north 211114'20" watt for a distance of 386.0 feet back to the point of b0gia213ng, aald real estate contacting and being adjace at to the; southwesterly 287.21 fact of that parcel of land known as Parcel 29 as set fbrth in an unrecorded map of lands of Key West Improvement Co, Inc., prepared by Cranshaw, Haiky and Associates, dated December 2, 1952. AM Cot off at the mitre 600 of" soudm iy rw of way line of PiaO Avatwe and am wedwly right afway line (curb rwa) of itaowok tloa omd, in Key Weft, Florida, b9V Soutls 6C43'4r wed dong ebe SoaftO right of war tine of EYsglar Avenue fora dlstam of dM.10 foot to rho PoW of &Ongfaj of dw said resit at M hfnaaxltfr dcwihed; From aid Point OfAegimt ft MOM OM WOOS South 66'45'40" wet :ions efid 3ombal7 right of may fins of FbStm Avante for a dtatanoe of 287.1I feet to a point; thence bear Scuola 21'14' 20" Past for a dame of 366.0 tier to a paint an the ttmthaty stile ofa propowd canal; Ownce bw North 6r 4S'40" Ew dow the rwdwb Wo ofpntposed opal for e distance of 237.21 teat to a pob)t; draw beu Nosth 21.14'ZO" Wet ror a tlhtuatce of MO fbxd bfck to the Pobit of BeOr niM sand deseeibed red estate being (de Soatbwoaaly 297.21 Feet of) that pwW of land known sa P arcai 2t a: sat neon in an unreeorded nit of lm& of Key West lmp vvenu* Co., ke . p vpaod by Cranshow, EWky and A.esoaiak% deed bemmber 2. 1"2. MatiROR CMTY .ergpaled by and Return to: llchelle S. Ga=ia'Rivera, Esq. J. Patrick Fitzgerald, P.A. Lit} Merrick 47ay Suite 3-B Coral Gables, P'L. 33134 Exhibit "C" Do*N 1479309 11/17/2004 3:13Ptt P110d i Ra aed" In Offlclat Reeerds of MOK(w CM;N'rY DANNY L. sttri.tLRw 0e0t 1479509 aktt 2M Pptt 1494 DECLARATION OF RESTRICTME CCIVENANTS THIS DECLARATION OF RESMCTME C4vr;NANT'S (Declaration) dated as of tea` 200_1- by Cot. . c. CA,,,,,, (Recipient), Its successors and assigns, is given to tha United States Department of Housing and Urban Uewetopment MUD). RECITALS WHEREAS, the Recipient submitted an apptidedon for a Supportive Housing Grant to KM dated as ofh�� � 2t0� and was awuded said Grant by HUD in the am unt of S� $b o a o and WHEREAS, the Recipient entered into a Supportive Housing Grant Agreement (the "Agreemenr) with HUD for Project Numbet (4� g dated as of j 4 c isle 2WI and WHEREAS, pursuant to the Agreement, the Recipient 6 obligated to (acquire) (*003tr t) (rehabilitate) and Operate a supportive housing project on property described in ��bt�haeto {the "Property d which is to be rnaintairtet w d operated as supportive housing by Agreement; anti WHEREAS' the MCKinoey-Vento HO<n IM Assistance Act, 42 USC §§ 11391 et seq. (`ACr) imposes use and repayment requirements on projects receiving acquisition, rehabilitation and new consuucdon Ft"ng; aut WHEREAS, the Recipient is required by the Agreement to cause•to bd c,rcculed an 1n*umetu in recordable form which obligates the Recipient its successors and assigns, to operate . and maintain the stPPOrtive housing in acevrdance with tho Agreement; the AGT, and HUD reSulations as provided for in the Agreement; and WHEREAS, the Recipient under this Declaration intends, declares and covenants that the restrictive covenants set forth herein shall be and are covenants running with the Property for the Do" 14705" DO 2Ma Pv* 1499 that the restrictive covenants set forth herein shall be and are covenants running with the Property for the term described herein, ate binding upatt all subsequent owners of the Prapetty for such term, and sir not merely persona! covenants of the Project Sponsor, NOW, THEREFOM in consideration of the promises and covenants hereinafter set forth and of other valuable consideration, the receipt and sufficiency of which is hereby acicgowle44 the Project Sponw dm!ares as follows: I. The Project Sponsor, its s=Csms ar assigns, shall operate the support►va hot*g and M Ade motive services throughota a period of twenty (20) yens co WwMing from the dais of initial occupancy or the pravidon of Giitial setvicrs, in sccordance with the terms of the Agn� the ACT, HUb rgptlations, and all applicable faderai, state and local laws. . 2. If. pursuant to a request froth the ProleetSponsor, HUD daterrainea that the proJect is no longer needed for use as 3UPpWive housiteg, HUD may authorize the Project Sponsor, its successors or assigns, to convert die use of the project for the direct benefit of low-ittcome persons. Upon expiration of the period during which the Project Sponsor is obligwAd to operate the Property In accordance with the Agreement. this Declaration Ssatf terminate and shall no longer be effective. 3. Tfv Project Sponsor agrees, that if the project ceases to be used as supportive housing within tart (10) yenta after the praject is placed in service, the Project Sponsor, its successors or asslgas, rhaQl be obligated to repay HUD ohm hundred percent (100%) of any - .gssistance received for acquisition, rahabilitadon and new construction under the Agrtterneat- If such prgjeat is used as =4*ortive housing for more char ten (10) yam, HUD shall cedtwe the percentage of the amount required to be repaid by ter: (10) percentage points for each year in excess of ten CIO) that the project is used as supportive housing. 4. HUD. acting by and dwough a duly awharized official. jnay approve such action as may be aecemay to allow the trrtttstl=r. canveyutce, assignment, Ieasii3g. inortgaging. or encumbering of the Property or to accomplish the ads described above. S. This Declaration and the covenants set forth Imeht regulating and restricting the use and occupancy of thin Property (i) shall be anti are covenants running with the Property, encumbez* the Property for the term of this Declaration, and binding upon the Project Spoasor's sure sors in title and all subsequent owners of the Ptop idy, (ii) are not mealy personas covenants of the Ned Spot> 4 and Oft) shall bind the Project Sponsor and its respective sueeessors'and assigns during the term of this Ueclarwiexr, 6. Any and all mquirments of the laws of the State to be satisfied in order for the provisions of this Declaration to constitute deed riestrictioas and covenants running with the land shall be deemed to be satisfcd in full, and that any requirements or privileges of estate ate Intended to be satisfied, or is the alternate, that an equitable servitude has been created to insure that these restrictions run with the land. For the term of this Declamti!M each and every contract. deed, or other instrument herealtar executed conveying the Property or portion thereof shall t� Exhibit "A" D" 2M9 Pq# 1497 Page i of 2 41 4- 10W""'.5 d �iNs 4 4) 4 R-14 twn to .v tQ o ,n 'w C '0 G R a„ G 40 "'' : h L� C! of C � �0N0040•wto 43 lb 07 q�jp O� m*mac$ C? Z 4 % 0 CZo �El q'4-1� n) to v �. X.to o gm b O $44 � .,.► — .,. bu o � �, as N o y, C3 a n (b to 5 C o) o � `a m o -0-TwA,L.- ,qua h c CLI.., m 0 0 1- L. `6, 0° d di v .c: �' fl a :I b b b rn q�a.. t�-,L,Dom N �a1 k a � o Ax v a� 0 m Qf ,, N WNROR CMTY OFFICIAL RECWS 3t t J 1j Yl Do" 1479S09 f, Exhibit "A" B" 20" Aop 1488 (! Page 2 of 2 O3 O = Q vv `►.' Vtio rD p O U} W '-- to ;"U� .0 ."' ' v Qj � O ~ b 4',-y s"'.. � a' to to b v b v 60 Uw 06 2 v -►' ai I;- to d qu o w lu co v V wit 4•. �QCja O 000 Cyt W O '�► 'q � •p N Q, b `; o �Oro ���b OUi v 113CAD 46 q) w a .� C\2 '° a RZ �k oow v -�v v c�s.�^�''� C: vU C:vo-u �.04 A q) .0 .1 o 4D 9-4.4 Ca �VEzQ ronJz�IT ro WNo Revised for Second Reading October 18, 2005 ORDINANCE NO. 45-27 AN ORDINANCE OF THE CITY OF KEY WEST, FLORIDA, AMENDING CHAPTER 122 OF THE CODE OF ORDINANCES ENTITLED "ZONING" BY ADDING SECTION 122-1465 TO THE CODE OF ORDINANCES TO ESTABLISH INTENT; BY AMENDING SECTION 122-1466 TO PROVIDE DEFINITIONS FOR AFFORDABLE HOUSING CATEGORIES; AMENDING SECTION 122-1467 TO ESTABLISH REGULATIONS FOR WORKFORCE HOUSINC IN MULTIFAMILY RESIDENTIAL PROJECTS; AMENDING SECTION 122-1468 TO PROVIDE ALLOWED USES FOR THE AFFORDABLE WORKFORCE HOUSING TRUST FUND; AMENDING SECTION 122-1469 TO ADJUST INCOME REQUIREMENTS FOR WORKFORCE HOUSING; AMENDING SECTION 122-1470 TO ALLOW ACCESSORY UNIT INFILL ON SITE IN CERTAIN ZONING DISTRICTS; AMENDING SECTION 122-4171 TO PROMOTE THE ESTABLISHMENT OF A NON- PROFIT COMMUNITY HOUSING DEVELOPMENT ORGANIZATION; AMENDING SECTION 122-1472; REPEALING SECTION 122- 1473; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE ;WHEREAS, the City Planner has recommended amendments to the affordable housing regulations contained in the' City of Key West Land Development Regulations, in order to make the development of affvLUdble mousing in the City Of Key Nest more economically feasible; and WHEREAS, the City Planner has recommended, and the ordinance reflects, fcur categories of affordable iFausii:y: low income, mediu,,(, income, middle income and moderate income; and I H:;REAS, the Key West Planning Board recommended approval of the proposed amendments regulations at its regular meeting of March 16, 2005; and WEEREAS, the Key West City Commission finds that regulations amending affordable housing regulations would serve to promote the health, safety and welfare of the citizens of Key West; NOW, THEREFORE, BE IT ORDAINE€J BY THE CITY OF KEY WEST, FLORIDA: Section 1: That the heading for Division 10 of the Code of Ordinances is hereby re -named and amended as follows*: DIVISION 10. Ar-FORDAaLE WORK FORCE HOUSING Section 2: That section 122-1465 is hereby added to the Code of Ordinances as follows: Sec. 122-1465. Intent. It is the intent of this ordinance to create affordable housing categories to facilitate the development of housing designed and priced to meet the needs of people employed by the local economy in a manner that reflects the percentage of the workforce at each income level and mixes people of all incomes together and does not create high and low-income enclaves. *"Coding: Added language is underlined; deleted .language is eti t �=-re�-�- •t 2 Section 3: That Section 122-1466 of the Code of Ordinances is hereby amended as follows: Sec. 122-1466. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Gee fiat- i. E�ent ef the Month-ly Menfee Ge 44 n P, III �i i A but fftedlaR lieuseheld Menfee Ge not Affordable housing shall be defined a,13 Prnyidpd in the foilowing classifications: Affordable housing? (low income) for a rental dwelling unit shall mean a Eetal dwelling unit whose monthly rent, not including Utilities, does not exceed 30 Percent of that amount which represents '00 percent of the MO"thly median household income (adj-uszed for family size). For an owner -occupied dwelling unit, affordable housing (low income) shall mean a dwelling :nit whose sales price shall not exceed two and one-half times the annual Median household income (adjusted fcr family size) for Monroe County, in accordance with Section 122-1472. Affordable housing (median income) for a rental dwelling unit shall moms a dwelling unit whose monthly rent, not including utilities, does not exceed 30 percent of that amount which represents 100 percent of the monthly median household income (adjusted for family size) for Monroe CouiiLy. For an owner -occupied dwelling unit, affordable housing (median income) shall mean a dwelling unit whose sales price shall not exceed three and one-half times the annual median household income (adjusted for family size) for Monroe Count, in accordance with Section 122-1472. The definition of "affordable housing (median income)" applies to and encompasses all affordable housing iindPr construction or built pursuant to this ordinance prior to July 1, 2005, for which deed restrictions are rectuired. Affordable housing (middle income) for a rental dwpI1ir.(y unit shall mean a dwelling unit whose monthly rent, not including utilities, does not exceed 30 percent of that amount which represents 140 percent of the _monthly median househo .d income iadjusted for family size) for Monroe County. For an owner -occupied awe.l_ing unit, attordabie housing(middle income) shall mean. a 4 dweiiing unit whose sales price steal' not exceed six and one-half ti.mes the annual median household income (adjusted for family size) for Monroe County, in accordance With Sector 122 472 Affordable housin (roderate income) for a rental dweiiina Unfit shall mean a dwelling unit whose monthly rent, not including utilities, does rot exceed 3Q ercent of that amount «himresents 120 percent vL the monthly median househoid income (adjusted for family size) for Monroe County. For an owner occupied dwelling unit, affordable housing (moderate income) shall mean a dwe-Iiinzq unit whose sales pricc Shall not exceed five Ljzue� the annual median household income (adjusted for family size) for Monroe County, in accordance with Section 122-1472. Affordable work Fnrra hnusing shall include low incomc, median income, moderate .income and middle income housing. Affordable 6rork force housing trust fund shall mean the trust fund established and maintained by fihe city for revenues from fees in lieu of constructing affordable work force housing, and revenues from any other source earmarked for the trust fund by land development regulation, ordinance or donation. Median household income shall mean the median household income oub'_ished for Monroe County on an annual basis by the U.S_ Department of Housing and Urban Development. Section 4: That section 122-1467 of the cede of ordinances is hereby amended as follows: 5 Sec. 122-1467. Requirements of affordable work force housing; ratio of new construction. (a) Oe^vrull; New market -rate mu't fam.ilt res.zder, t iB.L ousing. At "-east ter_ percent of all new «ultifamily residential units constructed each year shall be low income affordable housing Of at least 400 square teet each, as defined herein and 20 percent shall be affordable housing (median income) housing of at least 400 square feet each, as defined herein. Residential or mixed use projects of less t1-,ari 'Len residential or mixed use units shall be required to develop at Least 30 percent +of+ units of at least 400 square feet each as affordable (median income), but may contribute a fee in lieu for each unit to the affordable woik fuic.:e housing rust fund, if approved by the city commission. The per unit fee shall be 4 ,t�8a-86� $200,000.00 (representing construction cost, less land cost, of a 400 square foot unit). Tho 30 percent affordability requirement shall be determined on a project by pro-Ject basis and not on a city-wide basis. Vested units shall be subject to this subsection if not otherwise govPrned by law or agreement. For every -required affordable housing (median income) unit, a developer may increase the sales or rental rates to affordable housing (middle income) so long as another unit's sales or rental rate is decreased to affordable housing (low income;. b, uinkage of projects. Two development projects may link to allow the affordable housing requirement of one development project to be built at the site of another project, so long as the 6 atfordable housing requirement of the latter development is fulfilled as well. Written proof of the project sinkage sham be supplied by the developer to the city commission at the time cf the first site plan approval. The project containing the affordable units must be built either before or simultaneously with the protect without, or with fewer than, the required affordable units. In addition, if a developer builder uture than the required number of affordable units at a development site, this development project may be linked with a subsequent development project to allow 0-ompiiance with tha subsequent dcvclopmert's affordable unit requirement. Written proof of the linkage must be supplied by the developer to the city commission at the time of the subsequent development's site plan approval. TA.nkage shall not, be availablc if either development is entirely or in part to be constructed by public funds. Finally, all linkages under this subsection may occur within the city or on a site within the city and on a Gir-e on Stock Island in the unincorporated part of the county. (c) New affordable work force housing, The maximum total rental and/or sales Price for all new affordable work force housing units in a single development shall be based on each unit being aftordable housing (moderate income). The rental and/or sales 2rrce mat, be mixed among affordable housing < _ g low .ncome), _ median .income) , (rniddle income) and (moderate .income) in order that the ` uuc3l value of renal and/or sales sloes not exceed 10% of the 7 yenta! and/or sales of all the units at affordable housi moderate income) . (mod) Demonstration of continuing affordability. Demonstration of continuing affordability shall be by deed restriction or any F" other mutually acceptable method that effectively runs with the land and is binding on owners, successors in ownership, or assigns. The deed restriction shall be ifi a form provided by the city and k' shall be for a period of at least 2-& 50 years. It shall be recorded in the county records. During the final year of the deed restriction, the city commission may pact by Resolution to renew the affordability restriction for an additional 50-year term (de) Reporting requirements. Owners of affordable work force housing projects or nnirs shall furnish the city manager or his designee with annual information necessary to ensure continued compliance with affordability criteria, beginning one year after the date of building permit issuance and on each anniverGary date thereafter. Reporting requirements shall include sworn tenant household verification information. Property owners subject to this subsection may contract with the Key West Housinq Authority to perform annual tenant eligibility verification. (ef)Compliance with antidiscrimination. policy. All property owners offering .,FfenAa' housing under this division shall comply with the antidiscrimination policy of article II of chapter 38. Section 5: That section 122-1468 of the code of ordinances is hereby amended as follows: Sec. 122--1468_ Affordable work force housing trust fund. fat The affordable work force housing trust fund (referred to as the "trust fund") is established. The trust fund shall be maintained with funds earmarked for the trust fund for the purpose of promoting affordable ,vurk force housing in the city and its immediate environs. Monies received by the trust fund shall not be commingled with general operating funds of the city. The trust fund shall be in -a separate dedicated fund used only for the fvlluwicig: (1) Financial aid to developers as project grants for affordable housing (low income) to (moderate income) construction; (2) Finanr:ial aid to eligible homebuyers of affordable housing (low income) to (moderate income) as mortgage assistance; (3) Financial incentive for the conversion of transient units to affordable housing (low income; to (moder.atP incnme) residential units; (4) Direct investment in or .Leverage to housing affordability through site acquisition, housing development and housing conservation; or (5) Other affordable work force housing purposes from time to time established by resolution of the city connuaission. G� 'b) Except as provided in section 122-1471, the city commission shall determine all expenditures from the trust fund upon the advice of the city manager. Section 6: That section 122-1469 of the code of ordinances is hereby amended as follows: Sac. 122-1469. Applicant eligibility requirements. The following eligibility requirements shall be required of households or persons to qualify for affordable work force housing unit3 to 4he extent lawful: (1) The household or person shall derive at least 70 percent of its or his/her total income from gainful employment in the county- (2) At the time of sale or lease of lew ineeme an affordable housing (low income) unit, the total income of eligible household or persons shall not exceed 80 percent of the median household income for the county (adjusted for family size). (3) During occupancy of any lefrrineeffte an affordable housing flow income) rental unit, a household's income may increase co an amount not to exceed 120 percent of the median household income for the county (adjusted for family size). In such event, the tenant's occupancy shall terminate at the end of the existing lease term. B -? At 'he time of sale or lease of an affordable housing ( ediain; income; unit, the total incosre of e'igibie households or Persons sha11 not exceed 100 129—percent of the median household income for the county (adjusted for family size) (5i During occupancy of any affordable housing (median income) er in rental unit, a household's annual income may _ncrcasc to an amount not to exceed 140 4-64 percent of median household income for the county (adjusted for family size). In such event, the tenant's occupancy shall terminate at the end of the esri �t i r,r 1.easP term. (6) At the time of sale or lease of an affordable housing (moderate income) unit the: total income of eligible households or persons shall not exceed 120 percent of the median household income for the county (adjusted for family size) (7) During occupancy of an affordable housing (moderate income) rental unit, a household's annual income may increase to an amount not to exceed I60 percent of median household income for the county (adjusted for family size) In such event, the tenant's Occupancy shall terminate at the end of the existing lease term (S) At the time of sale or lease of an affordable housir_ (middle income) unit, tne total income of eligible households or persons shall not exceed 140 percent of the median household income for -the -county (adjusted for fa_mi! y size) 11 (9) During occupancy of an.affordable housing (middle income) rental unit, a household's annual income may increase to an amount not to exceed 160 percent of median household income for ~he count _adjusted for family size). in such event, the tenant's occu anc shall terminate at the end of the existing lease term. (410) Eligibility is baocd on proof of legal residence in the county for at least one consecutive year. (4ii) Priority shall be given to families of four or more members for larger s-i7,-d iffnrdihJP work force housing units. (412) The applicant shall execute a sworn affidavit stating the applicant's intention_ to occupy the dwelling unit. (313) The income of eligible households shall be determined by counting only the first and highest paid 40 hours of employment per week of each unrelated adult. For a household containing adults related by marriage or a domestic partnership registered with the city, only the highest 60 hours of the combined employment shall be counted. The income of dependents regardless of age shall not be counted in calculating a household's income. (14) In the event that a tenant's income shall exceed the maximum allowable income under this section and such shall occur for the first time during the last three (3) months of a tenancy, then the landlord and tenant may extend a lease for a Period of one ar at the affordable renter! rate. 12 ; 15, The board of adjustment may review a household's income clad unique circumstances to determine cl giC1lily and conformance with theintent of Lhis ordinance to assure that people in need are not excluded and people without need are not included. Section 9: That section 122-1470 of the code of ordinances is hereby amended as follows: Sec. 122--1470. Accessory unit infill. (a) In all zoning districts of the city, except conservation districts (C} , airport district (A) and the HPRD, PRD, HIIDR, JIMDR, MDR, MDR-C, LDR--C and SF districts, the city commission desires to encourage the addition of affordable work force housing on the same site as commercial properties and 471+ ass9elatien with institutions to promote employee housing. Such development shall be known as accessory unit infill. Tenants shall be eligible persons under section 122-1469. Applicants under this section may provide two bicycle or scooter parking spaces per unit as an alternative to applying to the board of adjustment for parking variances. Provided that units of 600 square feet or less are treated as an 0.55 equivalent unit and all units provided are available under the city's building permit allocation ordinance, section 108-1056 et seq, of the Code of Ordinances, the city shall process applications under this section in the same manner as 13 'Tall tifaiitily u,- its or as a conditional use if mu l ti.famiiy is nct aI.'_Owed. (b) `hLe maximum zotai rental and/or sales price for acressorti unit inf i ll in a single development shah be rased on Each ,, nl t being affordable housing (moderate income)The rental anal/or sales price may be mixed amonq affordable housing (low income`, (mcdian income), (middle income) and (moderate income) in order than the total value in rental and/or sales does not exceed 10% of the rental and/or sales of all the units at affordable housin (moderate income(_ Section 10: That section 122-1471 of the code of ordinanres is hereby amended as follows: Sec. 122-1471. Community Housing Development Organization. The city commission may ^^'�lisn promote the establishment of a nonprofit community housing development organization. (CHDO), pursuant to federal regulations governing such organizations, to serve as developer of affordable work force housing units on city - owned property located in both the city and in the community redevelopment areas, including excessed U.S. Navy property, or located in Key Haven and Stock Island in the unincorporated part of the county, upon interlocal agreement. In such event, the city may delegate CO the ccsn­unity housing development organization air, or partial administration of the affordable housing trust fund. 14 Section 11: 1"hat section '22-1472 of the code of ordinances is hereby amended as follows: Sec. 122-1472. Family size. When establishing a rental a-r-4 or sales amount, one shall assume family size as indic:dLed in the table below. This scac inn si:ail not be used to establish the maximum number of individuals who actuary live in the unit. Section 12: That section 122-1473 of the code of ordinancoo is hereby repealed. Section 13: Tf any section, provision, clause, phrase, or application of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, the remaining provisions of this Ordinance shall be deemed severable therefrom and shall be construed as reasonable and necessary to achieve the lawful purposes of this Ordinance. Section 14: All Ordinances or parts of Ordinances of said City in conflict with the provisions of this Ordinance are hereby superseded to the extent of such conflict. M Section i5: This Ordinance shall- go into effect immediately f_Pon its passage and adoption and authentication by the signature of zhe presiding officer and the Clerk of the Commission. Read and passed on firot reading at a .regular meeting held this 2 day of August , 2005. Read and passed on final reading at a regular meeting held. this 18 day of October 1 2005. Authenticated by the presiding officer and Clerk of the Commission on 31 day of October , 2005. Filed with the Clerk October 31 , 2005. MORCAN HERSON, MAYOR ATTEST: CHERYL SMITIN CITY CLERK 16 u J r o 2 II 0 L' u _ II L { • J ` II p �I .1 4 II r ~ 1 I r 7 i 1 0 n r ` C .r II 7 n II L 1 K u r. ]. i; C L l 4 II 1 u s �I II 1 u 1 L II u C nL + J 1 II C 7 ❑ J L s L r 1 S { F ❑ 1 u -, II! J n 0 A_ � 7 ' J ' II k� r ] 1, r i r o 7 ? 1 87 i l:] :+ -i i L J >" u 'a { 1' u 7 Y 1 u n a _ 1 � r TEE• 1 II 7 ', f .' k. I L II L 1 r { s 1 C 3 I LJ s 7 I' 1 u F u n C C II `f' 71 i II II r u .1 � u ]? n �+ .f • 7 1 Ill 7 L :S 7 C n 1 7 }; 7 l � 7 J r Iti r1 n r Y: I I Y ` r+ 1� 0 2700 - 2706 Hagler Ave Zoning Verification Letter May 28, 2009 Page 2 • .The approximate maximum amount of additional floor area that could be built appears to be 82,281 square feet Please note that new development must conform to the City's bulls regulations, including, but not limited to height restrictions, setbacks and impervious surface ratio. These restrictions would serve to reduce the- actual additional floor area buildable onsite to a figure below 82,281 square feet In 2003, the. Planning Board approved Resolution 2003""-39 for a 10-unit affordable housing building for elderly or disabled residents needing supportive social services. In October of 2003, through Resolution Number 2003--348, the City Commission, acting as the Board of Adjustment approved a height variance for a chapel , cupola, as proposed in a major development plan that included a '10,000 square foot facility to house the Catholic Charities programs. In January of 2004, the City Commission subsequently approved the major development plan for the property (Resolution Number 2004-040) associated with the height variance it approved in 2003. Proposed uses for the 10,000 square foot facility included adult day care (areas for general activities, dining, classroom instruction, special projects and arts and crafts), a food. catering area, office space and a smallchapel The City. Commission later in the year . approved Resolution Number 2004-267 which granted a.waiver of building permit fees up to $2,000. - Resolutions are attached to this document A site visit was conducted by the Planning Department on April 22, 2009, to verify the above -referenced resolutions for development were executed by the property owner (please see attached photographs of the property). It appears from the site visit and from a review of the building permits issued for the site that Resolution Numbers 2003 348which approved a height variance for a proposed chapel cupola and 2004-040 which, approved a Major Development Plan for the construction of a 10,000 square foot community center with a chapel were not executed as building permits were not issued anal the 10,000 square foot two-story building does not exist on site. Approvals for both Resolutions have since expired. Open permits on the property include an electric permit .for timers from Carbone Electric,- inspections have not been performed by the Building Department as the job may riot be complete. Permit number 2008-1644 was applied for by Dan Ace for a roofing permit; but no inspections have been performed• by the Building Department. Permit number 2005-2869 was applied for by Kennedy Electric for a temporary cooler; but no inspections have been performed by the Building Department. Permit number 2004-3525, applied for by Kennedy Electric and Four Star Builders for a picnic shelter; L n L L r � u s } II 7 L — it ° r - x u a a • � i L 4 r s n z u C: P C 'JI } ] II II �E3 z L = � • { { r n p r11 C: 11 J r i n .. ] ° L r C 1 L 7 1 {=a L2 C S ] n C n C L 7 t L L Ill�r 11 ❑ Sir L — { .j' u I1 + i`�--• �-- -- — �� � �i} °J _ II H In yt� I a J L ! ❑ 9; ° u ,% r 7 Li C u n a 7 — = u � a J u 6d o I' 1 S i u { K = n a u r _ II ° C u .. C: II C 2700 -- 2706 Flagler Ave Zoning Verification Letter May 28, 2009 Page 4 The property currently contains - approximately 11,261 square feet of institutional/nonresidential floor area (4,061 square foot 10-unit affordable housing building, 6,200 square foot church and one single family home. Approximately 1,000 square feet of the single family residence is utilized as intuitional/nonresidential floor area, while approximately 878 square feet of the single family residence is used as a .residence.. Since a single family residence is not provided for under the existing zoning classification of PS, only the 1,000 square feet of the single family home considered institutional floor area is calculated.in Table 1 above, Existing and Possible FAR. Please note that this letter does not constitute a BPAS exempt determination for the existing, nonconforming single family structure. The site utilization in terms of Floor Area Ratio (FAR) is approximately 9.60%, while the PS zoning designation can accommodate a maximum FAR of 80%. Therefore, the upland portion of the property can accommodate a maximum of approximately 82,281 square feet of additional development in .terms of commercial floor area. (FAR); however, new development would` be limited by bulk regulations, actual building coverage limits, impervious surface ratio limits and height restrictions. Please see Section 122-1020, dimensional requirements for the PS zoned section of the property. -Further, additional environmental restrictions may be applicable to on -site .,redevelopment, such as a' minimum 25-foot''setback from the mangrove fringe, see Section 110-91, Wetland- Buffer Zones.. Please note that these additional- restrictions would serve to. reduce the actual additional floor area -buildable onsite to a figure below 82,281 square feet indicated in Table 1. The analysis of the 10-unit affordable housing building reflects the original intent of the review and approval for Planning Board Resolution 2003-039, as it was considered a nursing home, rest home, or convalescent home under section 86-9 of the Code of Ordinance& That section Definition of Terms, Land Use Classifications, (2) Community Facilities, h., Nursing Homes, Rest Homes and Convalescent Homes, states "jFjor purposes of .permitted density and intensity, the floor area ratio shall govern, not units per acre. Individual living units or resident. nursing beds shall be treated as 0.1 equivalent unit under the city's building permit allocation ordinance, section 108-1056 et seq". Thus, redevelopment of the site that includes the above use would most likely be subject to the Building Permit Allocation System (BPAS) equivalency of 0.1 per unit. A 0.1 assignment reflects the assumption that hurricane evacuation procedures are different than those of a typical dwelling unit such as a single-family home, apartment or hotel room. 2700 - 2706 Hagler Ave Zoning Verification Letter May 28, 2009 Page 5 Upland, developable land is based upon signed and sealed site plans provided to the Planning Department and used as backup information in Resolution 2003-039. A signed and sealed survey was presented to the Planning Department on May 111h 2009, however, it appears further delineation of wetland areas may be needed to determine ` the precise developable upland portion - of the property if 'a future redevelopment proposal is presented to the Planning Department. Because of the environmentally sensitive nature of the section of the property zoned Conservation Tidal Wasters (C-TW) (the mangrove portion of the property, measuring approximately 98,000 square feet), development possibilities there are strictly limited, as described below in Section 122-126, Intent. The following is a list of uses permitted, conditional uses and dimensional requirements for the Public and Semipublic Services (PS) zoning district: DIVISION 13. PUBLIC AND SEMIPUBLIC SERVICES DISTRICT (PS) Sec. 122-1016. Intent (a) The purpose and intent of the public and semipublic ''services district (PS) ' is to provide a management framework for implementing comprehensive plan policies for areas -located outside of Old Town which are designated "PS" or. "M" on the future land use map. All public and semipublic services developed shall comply with the'' .comprehensive plan, performance criteria in chapter 102; articles III, IV, V and VII` of. chapter 108; section 108-956; and article 1I of chapter 110, as well as other applicable land development regulations. (b) The PS district shall accommodate - existing public and semipublic services . including the following: (1) Governmental administration buildings; (2) Public schools and not -for -profit educational institutions; (3) Hospital facilities and supportive health care units; (4) Arts and cultural or civic facilities, (5) Essential public services and facilities; (6) Military uses within the city's cemeteries; (7) The city landfill; (8) Fire and emergency operation facilities; (9) Public and private parks and recreation areas; (10) Utilities; 2700 - 2706 Hagler Ave Zoning Verification Letter May 28, 2009 Page 6 (11) . Extensive open areas comprising major committed public and semipublic open spaces; and (12) Other similar activities. (c) The PS district shall also accommodate places of worship, cultural or civic centers, and other. similar public or private not -for -profit uses if the respective use satisfies the substantive and procedural conditions of the land development regulations. (d) Development plans for sites within the PS district shall provide sufficient acreage and open space and shall be properly screened and buffered. in order to minimize potential adverse impacts on adjacent land uses. The maximum intensity of institutional activity on Iands designated "PS;' measured in terms of floor area ratio (FAR), shall not exceed eight -tenths, including floor area allocated to all uses. The maximum floor area ratio for recreation and open space shall be two -tenths. (Ord. No. 97-10, § 1(2-5.6(A)), 7-3-1997) Sec.122-1017. Uses permitted. Uses permitted in the public and semipublic services district (PS) are as follows: (1) Community centers, clubs and lodges. (2) Educational institutions and day care. (3) Golf course facilities. (4) Hospitals and extensive care. (5) Nursing homes, rest homes and convalescent homes. (6) Parks and recreation, active and passive. (7) Places of worship. (8) Business and professional offices. (9) Medical services. (10) Parking lots and facilities. - (11) Veterinary medical services with or without outside kennels. (12) Government operated transit facilities. (Ord. No. 97-10, § 1(2-5.6(B)), 7-3-1997; Ord. No. 00-04, § 12, 2-1-2000; Ord. No 07-18, § 1,12-4-2007) Sec_ 122-1018. Conditional uses. Conditional uses in the public and semipublic services district (PS) are as follows: (1) Cemeteries. (2) Cultural and civic activities. (3) Protective services. (4) Public and private utilities. (5) Funeral homes. 2700 - 2706 Flagler Ave Zoning Verification Letter May 28, 2009 Page 7 (6) Marinas. (Ord. No. 97-10, § 1(2-5.6(C)), 7-3-1997) Sec. 122-1019. Prohibited uses. In the public and semipublic services district (PS), all uses not specifically or provisionally provided for in this division are prohibited._ (Ord. No. 97-10, § 1(2-5.6(D)), 7-3-1997) See.122-1020. Dimensional requirements. 'The dimensional requirements in the public and semipublic services district (PS) are as follows: (1) Maximum density: not applicable. (2) Maximum floor area ratio: Outside the historic districts, as designated on the future land use map, the maximum floor area ratio for all public services shall be 0.8, except -for recreation and open space, which shall have a maximum floor area ratio of 0.2. (3) Maximum height: 25 feet. (4) Maximum lot coverage: a.' Minimum building coverage: 40-percent. b. Impervious surface ratio: 50 percent (5) Minimum lot size: 6,000 square feet. a. Minimum width: 50 feet b. Minimum depth: 100 feet (6) Minimum setbacks: a. Front: 20 feet. b. Side:15 feet c. Rear: 20 feet or 15 feet when abutting, an alley. d. Street side:15 feet. (Ord. No. 97-10, § 1(2-5.6(E)), 7-3-1997) The following is a list of Transfer of Development Rights (TDRs), conditional uses and dimensional requirements for the Conservation (C) zoning district. DIVISION 2. CONSERVATION DISTRICT (C) Sec. 122-126. Intent. (a) The purpose of this division is to implement the comprehensive plan policies for preserving areas designated "conservation" on the comprehensive plan future land use map. These conservation district areas primarily consist of environmentally sensitive 2700 - 2706 Hagler Ave Zoning Verification Letter May 28, 2009 Page 8 natural resources and systems, including but not limited to the Salt Ponds, tidal wetlands, mangroves, freshwater wetlands, transitional wetlands, upland hammocks, and waters of the state including an area extending 600 feet into the tidal water adjacent to the corporate city limits. The intent of this district is to provide for the longterm preservation of environmentally sensitive natural resources systems designated "conservation" on the comprehensive plan future land use map. (b) No development shall be permitted within the conservation district and/or within wafters below mean high water, wetlands, upland habitats or yellow heart hammocks unless the applicant for such development provides proof of permits or proof of exemptions from all applicable state or federal agencies having jurisdiction. Where the city determines that development should be allowed to occur for purposes of avoiding a taking, the density in no case shall exceed one unit per ten acres, and site alteration shall be limited to ten percent of the entire site. (c) The developer/applicant of lands within the conservation (C) district shall be required to provide a site -engineered delineation of all environmentally sensitive lands, including but not limited to wetlands and upland habitat and shall also indicate the location of lands or waters within the jurisdiction of the state and/or federal government. The applicant shall" bear the burden of proof in determining that development plans required pursuant to article 11 of chapter 108 include appropriate mitigative techniques to prevent/minimize adverse impacts` to wetlands, transitional wetlands, upland habitat, yellow heart hammocks, tidal waters, including benthic i communities, such as seagrass beds and algal beds, as well as other live bottom communities such as reef systems, or other environmentally fragile natural systems. An on -site survey by environmental professionals shall be submitted by the applicant. Such determinations shall be based on physical and biological data obtained from specific site investigations and provided with the earliest application for city development approval. These determinations shall be predicated on findings rendered by professionals competent in producing data and analyses necessary to support impact assessments, including findings regarding the impacts of potential development on the physical and biological function and value of environmentally sensitive lands. Any development within the conservation districts shall be required to comply with, all performance criteria of chapters 94, 102 and 106; articles Tand III through IX of chapter 108; and chapters 110 and 114; especially section 108-1; article III of chapter 110; and articles IV, V, VII and V1II of chapter 110 pertaining to environmental protection, as �- well as all other applicable land development regulations. , (Ord. No. 97-10, § 1(2-5.1(A)), 7-3-1997) I 2700 - 2706 Nagler Ave Zoning Verification Letter May 28, 2009 Page 9 Sec.122-127. Transfer of development rights. (a) A transfer of development rights (TDR) shall be provided for all land within the conservation district at a density of one unit per one acre. These environmentally sensitive sites shall be designated as "sending areas," and landowners within such "sending areas" shall be able to sell their density rights on the open market to landowners of specific parcels of land within the Key West Bight Redevelopment Area which are identified by the city as "receiving areas." (b) In executing the transfer of development rights program, during the initial two- . year period following adoption of the comprehensive plan, sending areas shall be exclusively restricted to environmentally sensitive wetlands located within the South A1A-Atlantic Boulevard Corridor, including but not limited to the salt pond area. However, following the initial two-year period, other sites may be identified as sending areas based on a thorough analysis of the effectiveness of the transfer of development rights program. The addition of new sending areas shall require amendment to the land development regulations. Specific receiving areas must be identified in the . comprehensive plan. These receiving areas shall be limited to approved sites in the Key West Bight Redevelopment Area designated "HRCC-2" on the future land use map. (c) The addition of any area other than the HRCC-2 area as a receiving area shall, require a comprehensive plan amendment. The city must approve site plans for development of such receiving areas prior to commencement of activity. All transfers of development rights shall be recorded in the official records. of the county in a deed,. contract for deed, or other legal document conveying property. Density in the Key West Bight receiving areas shall be consistent with comprehensive plan policy 1-2.3.3. In the Key West Bight area, clustering of residential units is encouraged to preserve waterfront views and open space. (d) The specific receiving area threshold must be approved by the city. Similarly, the city must approve each transfer of development rights from a sending area, to a receiving area. Prior to approving the transfer of development rights, the city shall. render a finding that the owner of land in the impacted: sending area has provided the city with legal instruments acceptable to the city attorney which dedicate conservation . easements. The conservation easements shall prohibit any development right from being transferred more than one time. In addition, the conservation easement shall prohibit all future development of the respective sending area. When only a portion of transferrable units are transferred, the sending area applicant/owner shall be entitled to reapply for additional transfer of development rights until whichever of the following first occurs: 2700 - 2706 Flagler Ave Zoning Verification Letter May 28, 2009 Page 10 (1) The applicant/owner has exhausted all transfers of development rights on the subject sender site; (2) The city's capacity to absorb transfers of development rights at approved Key West Bight- Redevelopment Area receiving sites has been exhausted; or (3) The city's building permit allocation has been exhausted. (e) , The cityshall prepare and maintain a system for tracking the sale and acquisition of development rights transferred from sending areas to receiving areas. The transfer of development rights tracking system shall serve as an official ledger of density transfers - and, as a minimum, shall record each approved transfer of development rights by real estate parcel citing landowners, zoning, land area, base density allowed by zoning, as well as dwelling unit capacity after each transfer of development rights is approved. (Ord. No. 9710, § 1(2-5.1(s)), 7 3-1997) Sec. 122-128. Uses permitted. All. -development within the conservation di,strict shall be by conditional use due to the environmental sensitivity of lands within the conservation district. (Ord. No. 97-10, § 1(2-5.1(C)), 7-3-1997) Sec. 122-129. Conditional uses. Prior. to -any development within a conservation district, all state or federal agencies having jurisdiction shall have granted requisite permits, including but not limited to dredge and fill permits. As stated in article III of this chapter pertaining to conditional uses, applicants for a conditional use must demonstrate that the proposed uses and facilities identified in this section are compliant with all applicable criteria and relevant mitigative measures for conditional use approval, including but not limited to wetland preservation, coastal resource impact analysis and shoreline protection, protection of marine life and fisheries, protection of flora and fauna, and floodplain protection. The design of proposed conditional use facilities shall be required to apply mitigative measures to prevent and/or minimize adverse impacts on natural systems, including but -not limit to habitat, water quality, and the physical and biological functions Of wetlands. The- size and scale of such development shall be restricted. The proposed uses and facilities that shall be compliant with,all applicable criteria and relevant mitigative measures for conditional use approval are as follows: (1) Areas below mean high water. Within areas below mean high water only water -dependent facilities are permitted, including the following. a. Fishing piers, docks and related boardwalks not exceeding a width of five feet; and 2700 - 2706 Flagler Ave Zoning Verification Letter May 28, 2009 Page 11 b. Watercraft (2) Areas above mean high water. Within areas above mean high water the following uses are permitted: a. Boardwalks not exceeding a width of five feet which shall be elevated in order to reduce adverse impacts on hydrologic functions of wetlands. b. Water -related facilities as follows: 1. Hiking "trails not exceeding a width of four feet to avoid. adverse impacts on upland habitats and those portions traversing waterways shall be elevated in order to reduce adverse impacts on hydrologic functions. 2. Picnic areas. 3. Observation towers which shall be elevated in order to reduce adverse impacts on hydrologic functions of wetlands. c. Residential development is restricted as follows: 1. The maximum density shall be one unit per ten acres. 'No residential development shall be approved on a site within the conservation district unless a development plan incorporating appropriate mitigation procedures and environmentally sensitive design techniques has been submitted and approved by the city pursuant to article 11 of chapter 108 and performance criteria of chapters 94,102 and 106; articles I and Ill through IX of chapter 108; and chapters 110 and 114, especially environmental protection criteria of section 108-1; article IIl of chapter 110; and articles IV, V, VIE[ and VIII of chapter 110. 2. Where isolated uplands or disturbed areas are located on a site proposed for development within the conservation district, all development shall be directed to such uplands or disturbed areas; however, the city may determine that, due to the specific size, shape or' location of such uplands, less disturbance to environmentally sensitive land will occur if ' development is allowed within a. portion of the wetlands. On -site residential development shall be required to apply cluster design techniques so that the development minimizes disturbance ---of__-wetland--"_ and-.. upland_-__Habitat____buffering ---- wetlands. 2700 - 2706 Hagler Ave Zoning Verification Letter May 28, 2009 Page 12 3. Where on -site residential is approved by the city, no transfer of development shall . be approved on the subject site. if a proposed development lies within a conservation district and another zoning district, the total density and intensity shall not exceed the weighted average provided for in the specific district regulation impacting the site. Once a specific area to be developed has been determined, a conservation easement shall be prepared by the applicant, approved by the city, and filed with the county court clerk. The conservation easement shall preserve in perpetuity all on -site wetlands and upland habitat together with any required upland buffer as open space. The development plan, including the conservation easement, shall be the subject of a development agreement pursuant to article IX of chapter 90. d. Transfer of development rights is .restricted pursuant to the terms of an approved development agreement, as provided in article IX of chapter 90, at a density of one unit per one acre from an approved conservation district sender site to an approved HRCC-2 receiving site. Transfers of development rights together with the required conservation easement shall be duly recorded with the county court clerk as provided in section 122-127. The conservation easements shall prohibit any development right from being transferred more than one time. For further limitations, refer to section 122-127 and division 6 of article V of this chapter. e. Public and private utilities are permitted where such facilities are essential to the public health, safety and welfare. (Ord. No. 97-10, § 1(2-5.1(D)), 7-3-1997) See.122-130. Prohibited uses. All uses not specifically or provisionally provided for in this division are prohibited in the conservation district. (Ord. No. 97-10, § 1(2-5.1(E)), 7-3-1997) Sec.122-131. Dimensional. requirements. The dimensional requirements in the conservation district are as follows: (1) Maximum density: one dwelling unit per ten acres (0.1 du/acre). (2) Maximum floor area ratio: 0.01. (3) Maximum height: 25 feet. rw MIA City of Key West Work Force Housing Income, Sale and Rent Limits Per Ordinance No. 05-27, Section 122-1472 2009 Income Limits Adjusted to Household Size Monroe County Median Income: $69,200 Effective 3119/2009 Percentage Cate o Number of Persons in Household 1 1 2 3 4 5 6 7 8 60% 31,560 36,120 40,620 45120 48,720 52,320 55,920 59,580 80% 42,100, 48,100 54,150 60,150 64,950 69,750 74,600 79,400. 100% 52,600 60,200 67,700 75,200 81,200 87,200 93,200 99,300 120% 63,120 72,240 81,240 90,240 97,440 104,640 111,840 119,160 140% 73,640 84,280 94,780 105,280 113,680 122,080 130,480 139,020 150% 78,900 90 300 101,560 112,800 121,800 130,800 139,800 148,950 160% 84,160 96 320 108,320 120,320 129,920 139,520 149,120 158,880 2009 Sale Limits Adjusted to Family Size Bedrooms 1 80% 100% 120% 140% Effidiency 1105,250 184,100 315,600 478,660 1 Bedroom 120,250 210,700 361,200 547,820 2 Bedrooms 135,375 236,950 406,200 616,070 3 Bedrooms 150,375 263,200 451,200 684,320 4 Bedrooms 162,375 284,200 487,200 738.920 2009 Rent Limits Adjusted to Family Size not including utilities Bedrooms 80% 100% 120% 140% Efficiency 1,053 1,315 1,578 1,841 1 Bedroom 1,203 1,505 1,806 2,107 2 Bedrooms 1,354 1,693 2,031 2,370 3 Bedrooms 1,504 1,880 2,256 2,632 4 Bedrooms 1,624 2,030 2,436 2,842 Habakkuk 2 Village Operating Pro Forma Rental Project INCOME Units Monthly Income Total income Rent Schedule Efficiency 10 units @ varied rents that generates 38,256 1 Bedroom 0 units @ $650/month = $ 3,000 x 12 months $ _0_ 2 Bedroom 0 units @ $850/month=$23,800 x 12 months $ -0- 3 Bedroom 0 units @ $1150/month=$ 9,200 x 12 months $ -0- 4 Bedroom 1 units @ $1400/month=$ 1,000 x 12 months 12,000 GROSS RENTAL INCOME $ 50,256 Less Vacancy Rate (5% min) 10% ($ 5,025) Plus Other Income HUD Subsidy Funding Source 1 and 2 (10 Units) $172,517 Client Fees 12 beds @$400/month=$4,800 x 12 months 57,600 EFFECTIVE GROSS INCOME $275,348 OPERATING EXPENSES Salaries 50,000 Repairs and Maintenance 20,000 Contract Services S _0_ Utilities 55,000 Administration 20,000 Insurance 15,000 Real Estate Taxes $ _0_ Miscellaneous 25,000 Replacement Reserves 10% 27,535 TOTAL OPERATING EXPENSES $212,535 NET OPERATING INCOME Effective Gross Income $27S,348 Operating Expenses 212 535 NET OPERATING INCOME $62,813 DEBT SERVICE List all mortgages and Annual Debt Service Payments $ (1t Mortgage) $ 2"d Mortgage $ Other Loans or debts on the property. $ TOTAL DEBT SERVICE CASH FLOW Net Operating Income 62,813 Debt Service $ CASH FLOW NOTES TO EXPLAIN ENTRIES, AS NEEDED: Rent.will be based on Percent Median %base on Ordinance No. 05-27. Utilities will be paid except for electric, cable and phone services. HUD Funds will be used to subsidies expenses for 10 Efficiencies Units for Disable Residents I Property Search -- Monroe County Properly Appraiser Page 1 of 6 Ervin A. Higgs, CFA Property Appraiser °fax (305) 2sz 35011 Monroe County, Florida Property Record View Alternate Key:1065617 Parcel ID: 00065090-000000 - - Ownership Details Mailing Address: CARROLL COLEMAN F B OF THE DIOC OF MIAMI ROM 9401 BISCAYNE BLVD - MIAMI SHORES, Fl. 33138 Property Details PC Code: 71 -CHURCHES Millage Group: 10KW Affordable Housing: No Section -Township -Range; 04-68-25 Property Location: 2700-2706 FLAGLER AVE KEY WEST LegalDescription: KW NO 29 A PARCEL OF LAND LYING SE OF FLAGLER AVE 4.93AC OR321476/478 OR729-732D/C Parcel Map t t t o a s � Exemptions Exemption Amount f 0 - RELIGIOUS 4,242,596.00 Land Details Land Use Code Frontage Depth Land Area 100E - COMMERCIAL EXEMPT 557 386 .3.21 AC 95W - SUBMERGED 0 0 1,72 AC Building Summary Number of Buildings: 3 Number of Commerclai Bullrings: 3 Total Living Area: 12527 Year Bully. 1958 http://www.mepafl.org/PropSearch.aspx 10/12/2009 Property Search -- Monroe County Property Appraiser Building 1 Details Building Type Effective Age 19 Year Built 1958 Functional Ohs 0 Inclusions: Roof Type Heat 1 Heat Src 1 Extra Features: 2 Fix Bath 0 3 Fix Bath 2 4 Fix Bath 0 5 Fix Bath 0 6 Fbc Bath 0 7 Fbc Bath 0 Extra Fix 3 Sections: Condition F Perimeter 330 Special Arch 0 EconomicObs 0 Roof Cover Beat 2 Heat Src 2 Quality Grade 400 Depreciation % 23 Grnd Floor Area 3,993 Foundation Bedrooms 0 Vacuum 0 Garbage Disposal 0 Compactor 0 Security 0 Intercom 0 Fireplaces 0 Dishwasher 0 Hbr Type Ext Wall A Stories Year Built Attic A/C Basement % Finished Basement % Area 1 OPX - 1 1989 192 2 OPF '1 1989 112 3 PTO i 1989 364 4 FLA_ 1 - 1989 3.993 5 OPF 1 1989 32 6 OPU 1 1989 64 i 7 OPu _ 1 2001 148 Building 2 Details Building Type - Condition E Effective Age 4 Perimeter 330 Year Built 2004" Special Arch 0 Functional Obs 0 Economic Obs 0 InOuslns: Roof Type GABLEIHIP Roof Cover ASPHALT SHING1. Heatt Heat2 Heat Src i Heat Src 2 Extra Features: 2 Fix Bath 0 3 Fix Bath 10 4 Fix Bath 0 S Fix Bath 0 6FIxBath 0 hO://www.mcpafl.org/PropSearch.aspx Page 2 of 6 Quality Grade 400 ' Depreciation % 5 Grad Floor Area 3,614 Foundation Bedrooms 0 Vacuum 0 Garbage Disposal 0 Compactor 0 Security 0 Intercom 0 10/12/2009 Property Search -- Monroe County Property Appraiser 7 Fix Bath 0 Extra Fix t0 ! Sections: Fireplaces 0 Oishwasher 0 Nbr Type Ext Wall # Stories 0 FLA 1 0 OPU 1 0 EEO 1 0 POO 1 Year Built Attic A/C Basement % 2004 2004 2004 2004 Finished Basement % Area 3,614 1,315 3,614 1,140 FBuildireg 3 Details Building Type Condition E Quality Grade 400 Effective Age 3 Perimeter 2a4 Depreciation % 4 Year Built 2005 Special Arch 0 Grnd Floor Area 4,920 Functional Obs 0 Economic Obs 0 Inclusions: Roof Type FLAT OR SHED Roof Cover METAL Foundation ' Heat Heat Bedrooms 10 Heat Src 1 Heat Src 2 Extra Features: 2 Fix Bath 0 Vacuum 0 3 Flx Bath 10 Garbage Disposal 0 4 Fix Bath 0 Compactor 0 5Fix -Bath 0 Security 0 6 Fix Bath 0 Intercom 0 7 Fix Bath 0 Fireplaces 0 Extra Fix 10 Dishwasher 0 Page 3 of 6 http://www.mepafl.org/PropSearch.aspx 10/12/2009 Property Search -- Monroe County Property Appraiser 4.00fllil1T. Sections: Nbr Type Ext Wall # Stories Year Built Attic AIC Basement % Finished Basement % Area 0 FLA 1 2005 Y 4,920 0 OPU 1 2005 212 0 OPU 1 2005 20 0 OPU 1 2005 16 Misc Improvement Details Page 4 of 6 Nbr Type # Units Length Width Year Built Roll Year Grade Lire 1 TK2:TIKI 665 SF 0 0 1981 1982 4 40 - 2 U62:UTILITY BLDG 88 SF 11 8 1978 1979 3 50 3 UB3:LC OTIL BLDG 80 SF 10 8 1981, 1982 1 30 4 CL2:CH LINK FENCE 1,266 SF 211 6 1981 1982 1 30 - 5 AC2:WALLAIR CONE) 1 UT 0 0 1981 1982 2• 20 6 AC2:WALL AIR COND 2 UT 0 0 1981 1982 1 20 7 FN2FENCES 385 SF 55 7 1980 1981 5 30. 8 PT3:PAT10 225 SF 15 15 2001 2002 2 50 9 AC2:WALLAIR COND 10 UT 0 0 2004 2006 2 20 Appraiser Notes TPP 9011696 - TERENCE O'NEtLL THIELEN tNC Building Permits A �— Bldg Number Date issued Data Comloted Amount Description Notes 09- 0325/2009 1,400 Commercial INSTALL TEN 30 AMP 240 VOLT. MECH. TIMERS WITH DISCONNECTS FOR EXISITING 0861 HEATERS. 18 582, 06Y302tp6 06/30/2008 13,000 Commercial INSTALL PVC & WATER LINE, ALL PIPING FOR MODULAR 19 05- 6632 121141=5 12WI2005 44,065 Commercial 5370 SF MODULAR OFFICE (7 UNITS) 20 05- 5992 100 2/2W25 12/31/2005 18,000 Commercial INSTALL TEMP POWER TO 7 OFFICE TRAILERS 21 4288 09/12/2007 80 3,0 Commercial INSTALL NEW 400 AMP,3•PHASE 13 1761 09/27/2004 0429/2005 265,000 Commercial NEW BUILDING WITH 10 AFFORDABLE HOMES LOW INCOME ELDERLY RESIDENTS. http://www.mcpafl.org/PropSearch.aspx 10/12/2009 Property Search -- Monroe County Property Appraiser Page 5 of 6 1 3815 11/10/1997 11/03/1998 10,000 Commercial KITCHEN CABINETS 2 98 02A711998 11103/1998 3.400 Commercial ROOF 3 372� 1013112000 tOPo5/2001 55,000 Commecal RENOVATIONS 4 02- 1461 09/0912002 06/23/2003 25.Wo Commercial ADD WALLISPKLER SYSIPAINT 5 2968 10/31/2002 11/25/2002 7,000 Commercial PLUMBING 6 2962 11I0572002 11/25t2002 2,400 Commercial ELECTR(CAI.WORK 7 30- 11/15/1922 11/25/2002 2,200 Commercial REPAIR AlCSYSTEM s 02- 0746 01/1612002 11/25/2002 1.400 Commercial PLUMBING 9 02- 0193 01/30/2W2 11/25/2002 Z850 Commercial INTERIOR MODIFICATIONS 10 1441 02/07/2003 06123r"3 20,000 Commercial INSTALL FIRE SYSTEM ti 0720 03/11/2003 0612312003 2,000 Commercial WATERLINE SPRINKLER SYS 12 3- 0 Ot/ M003 06123/2003 5,OW Commercial PERMITREVISK)NEO 17 96 4 12/09/2005 12l31/2005 6.000 Commercial SITE WORK FOR MODULAR INSTALLATION REQUIRES PERMITS 14 03- 3773 1 t/03/2003 12/10/2004 23.800 Commercial 1100' X 6' CHAIN LINK FENCE 15 1759 07/13/2004 07/r072004 2,500 Commercial DEMO SLOG 92 16 4. 3525 11/23I2004 04/29MIi5 37,000 Commercial 30' X 40' PICNIC SHELTER - 08- 05/09/2008 20 000 Commercial INSTALL 43 SQRS. PITCHED: ROOF OVER WITH V-CRIMP, FLAT: ROOF OVER WITH MODIFIED 1644 RU88ER Parcel Value History Certified Roll Values. View _Taxes for this Parcel Roll Year Total Bldg Value T01a1 Milo -Improvement Value Total Land Value Total Just (Market) Value Total Assessed Value School Exempt Value School Taxable Value 2009 1,113,050 12,734 2,616,812 4,242,596 4.242,596 4,242,596 0 2000 1,738,994 13.055 2,936.552 4,688,601 4,688,601- 4,688,601 0 2007 1,244,846 13,126 - 2.936.552 4.194,524 4.194.524 4.194,524 0 2006 1.262,167 13,440 4,195,000 5.470,607 5.470,607 5,470,607 0 2006 813,160 1 14,008 2,796,724 3.623,892 3.623,892 3,623,892 0 20" -573,213 9,242 2,796,552 3.379.007 3.379.007 3,379,007 0 2003 456.024 9,560 1.398.448 1,864,032 1,WA,032 1,864,032 0 2002 354,132 9,794 1,398,448 1,762,374 1,762,374 1,762,374 0 2001 -351,705 8,276 1,398,448 1.758,429 1,758.429 1,758,429 0 2000 - 351,705 6,574 1.398,448 1.756,727 1,756,727 1,756.727 0 1999 351.705 6,834 1.398.448 1,756,987 1,756,987 1,756,987 0 1998 - 269.190 7,089 1,358,448 1,664.727 1,664,727 1,664.727 0. 199T 259,190 7,388 1,284,172 1,550,750 1.550,750 1,55Q750 0 1996 242.250 7,630 1,284,172 1.534.052 1,534.052 1.534,052 0 1996 242,250 7,931 1,284.112 1,534,353 1,534.353 1,534,353 0 1994 242,250 8.182 1,284.172 1,534,604 1,534,&M 1,534.604 0 1993 238,677 8,535 1,284,172 1.531,384 1,531,384 1,531,384 0 1992 238.677 81856 1,284,172 1,531,705 1,531,705 1,531.705 0 1991 238,677 9,218 1,284,172 1,532,067 1,532,067 1,632.067 0 1990 238.677 9,525 1,284,172 1.532.374 1.532.374 1.532.374 0 1989 219,279 31,325 1,284.172 1,534,776 1,534,776 1.534,T76 0 http://www.mepafl.org/PropSearch,aspx 10/12/2009 Property Search -- Monroe County Property Appraiser Page 6 of 6 1988 -- 199,889 22,969 1 1,284,172 1,507.030 1,507,030, 1.507,030 0 1987- 197,030 24,090 454.954 676,074 576,074 676,074 0 1986 197,587 25,121 419,997 642,705 642,705 642.705 0 1986 194,421 26,242 225,606 446,269 446,269 446.269 0 19" 78.152 59,715 225,606 363,473 363,473 363,473 0 1983 18,248 59,715 225,606 363,569 363.569 363.569 0 1982 75.570 - 59,715 225.606 360.891 360,891 267.059 93.832 Parcel Sates History MOTE; $ales do not generally show up in our computer system until about two to three months after the date of sale. If a recent sale does not show up in this list, please -allow more time for the salwrecord to be processed. 'Thank you for your patience and understanding. There are no sales to di"y for this parcel. This page has been visited 98,306 times. Monroe County Property Appraiser Ervin A. Higgs, CFA P.O. Box 1176 Key West, FL 33041-1176 http://www.mepafl,orv-/PropSearch.aspx 10/12/2009 "Habakkuk 2 Village" Key Participants that is committed to project to date: • Samuel's House --Elmira Leto, CEO • Architect -Thomas E. Pope, P.A. • Jack Spottswood, PA- Attorney for Project • Engineer -Rick Mifilli • Survey-O'Flynn Surveying • Land Use Planning Consltants-The Craig Company Don Craig and Donna Bosold • Biologist -Phil Frank • Strategic Planning -Mark Engelhardt and Julio Avael • SHAL-Wendy Coles, Executive Director • Affordable Housing Consultant -Dr. Jeffrey Sharkey, Capitol Alliance Group, Inc. • Community Relations Consultant: Kim T. Gordon • Key Iron Works -Steve Henson, President • Larry Keys-TL Keys Builders Project Team Members: • Elmira Leto, Samuel's House • Board of Directors: Kim Wilkerson, Myra Wittenberg, Dale Finigan, Mark Todaro, John Cruz, Jean Marie Keys • Wendy Coles • Clair Shaw • Joe Lanio • Julio Avael • Maggali Alvarez • Louie LaTorre • Larry Keys • Steve Henson and • Jack Spottswood. I O F" -N�! skit 6.f.'s ! f(a sf, (nc -tf\A.yKKl,K--lw " S7-t3Ut71'f-;{)['O 5ii:k1. 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S M U- > c O� O O� O LIME U W cri C it O N p r-YNY NY Q Q } i W o Z� 0 WO, p O O z� Q LLJ U W RESOLUTION NO. 09-188 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, ESTABLISHING A PROCESS FOR THE RECEIPT AND REVIEW OF PROPERTIES REQUESTING NOMINATION BY THE KEY WEST CITY COMMISSION FOR INCLUSION ON THE MONROE COUNTY LAND AUTHORITY ACQUISITION LIST; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, a portion of tax proceeds generated in Monroe County are routinely utilized for the preservation of affordable housing by the Monroe County Land Authority ("Land Authority"); and WHEREAS, a significant portion of that tax revenue is generated in the City of Key West; and WHEREAS, the percentage of revenue generated in Key West is statutorily required to be utilized for Key West properties, as determined by the Land Authority; and WHEREAS, the Land Authority considers nominations made by the Key West City Commission to determine which properties in Key West are appropriate for acquisition; and WHEREAS, the City Commission desires to establish a process for the receipt and consideration for properties for nomination to the Land Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AS FOLLOWS: Section l: That any property owner or entity desiring to 1 be considered for nomination by the Key West City Commission shall timely respond to a call for properties upon advertisement by the City, which shall be conducted quarterly. Section 2: That individuals or entities proposing that the Key West City Commission nominate a property for acquisition shall, at a minimum, provide sufficient information to address the following questions: 1) Is there a current purchase agreement on the property? Please provide documentation. 2) Is the proposed development rental housing or home ownership? 3) Is the applicant agreeable to deed restrictions that reference applicable City Ordinances related to the intended population described in question 5? 4) How long will the affordability requirements apply? 5) What population (i.e.; special needs group, low income, moderate income, etc.) is the project intended to serve? (What level of affordable housing will be provided?) 6) What income limits are included in the affordability requirements based on City Code (Please respond using the clarifications in the City of Key West Workforce Housing Ordinance Section 122-1466)? 7) For rental housing, what are the current and proposed monthly rents? 8) What monitoring of affordability requirements does the project include? 9) What is the project's proximity to employment, shopping, transportation, schools and community services? 10) What is the project's projected cost per unit as it relates to 1, acquisition costs and 2, estimated total cost per unit upon occupancy? 2 11) How much are the anticipated developer's fees, anticipated management fees and anticipated profit? 12) What are the potential funding streams that make this project viable? 13) How will the property be managed and the affordability be maintained? 14) What track record and level of experience do the applicant and developer have in affordable housing? 15) Are there any outstanding code violations, fines and fees on the proposed property? Section 3: That the applicant for nomination of a property shall also provide: 1) A current assessed value and asking price. 2) A listing of all realtors and attorneys involved in the transaction Section 4: That all information shall be brought before the Key West Community Housing Committee for their recommendation to the Key Wet City Commission. The Planning Department shall review the information supplied by an applicant before consideration by the Key West Community Housing Committee. Section 5: 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. 3 Authenticated by the presiding officer and Clerk of the Commission on August 5 , 2009. Filed with the Clerk_ 2009. MORGAI,�\ M PHERSONV, MAYOR AT v CHERYL SMITH, CITY CLERK