Clerk's Memo
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
February 29, 2008
TO:
Reggie Paros, Director
Housing & Community Development
ATTN:
Stacy DeVane
Executive Assistant
FROM:
PamewG.Han~
Deputy Clerk CY
At the February 20, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a 99- Year Ground Lease Agreement between Monroe
County and Blue Water Workforce Housing, LLC for Tavernier Parcel (RE#00488730).
Enclosed are two duplicate originals of the above-mentioned for your handling. Should
you have any questions please do not hesitate to contact our office.
cc: County Attorney
Finance
File'"
MEMORANDUM
TO:
Gary Gorman; Ted Matkom, Esq.
FROM:
Richard Deutch, Jr.
RE:
Blue Water Ground Lease
DATE:
February 14,2008
Below are substantive portions of the ground lease between Monroe County and Blue Water
Workforce Housing, LLC ("Blue Water").
. Use: Demised Premises shall be used only for Affordable/Employee Housing rental so
long as same are not in conflict with L1HTC requirements. Section 2.03.
. Term: Ninety-nine (99) years, beginning when the first Affordable Housing Unit is
completed and issued a certificate of occupancy. If Blue Water does not obtain the
L1HTC tax credits allocation by December 31, 2009 or fails to close on the syndication of
the tax credits by December 31, 20 I 0, the parties agree to enter into a termination
agn:ement terminating the Lease. Section 3.01.
. Time Frames: Blue Water shall begin construction by the earlier of 120 days after
issuance of building permits or June 1,2011 and shall substantially complete construction
of all 36 Affordable Housing Units within 18 months thereafter. Section 14.01. In the
event Blue Water is unable to obtain financing, permits or adequate cross easements so as
to permit beginning the 18-month construction period no later than June 1,2011, either
party may terminate the Lease. Section 20.16. Within 5 business days of execution of the
Lease, Blue Water shall record a complete, true and correct copy of the Lease and any
add'~nda or exhibits thereto in the Public Records of Monroe County, Florida and shall
provide Monroe County with the written Clerk's receipt of the book and page number
whe:re recorded and the original Lease after recordation. Section 18.06.
. Rent: $10 per year, plus all taxes, assessments, water and sewer rents, rates and charges,
transit taxes, charges for public utilities, levies, licenses and permit fees and other
gov<ernmental charges. Sections 4.01 & 6.01.
. Restrictions: Affordable Restrictions are the affordable or employee housing regulations
in Chapter 9.5 and any other applicable sections of the Monroe County Land
Development Regulations or County Code so long as same are not in conflict with
L1HTC requirements. The maximum total amount of consideration and cost permitted to
be in any way involved in a rental transaction shall never exceed the affordability criteria
reasonably established by Monroe County. Section 1.
STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A.
. Assil!:nmentffransfer: Blue Water may not, without written consent of Monroe County,
which will not be unreasonably withheld, conditioned or delayed, assign or sublet any
portion of the Demised Premises or change management of the Demised Premises except
as provided in the Lease. Nevertheless, Affordable Housing Units may be rented and
occupied without consent, provided that Blue Water follows the guidelines in the Lease.
Section 12.01.
. Default: In the event of material breach by Blue Water, and after notice and cure
opportunity, Monroe County shall have the immediate right to terminate the Lease.
However, during the initial 17 years of the Term, (i) any determination of "material
breach" shall be judicially made in a court of competent jurisdiction in Monroe County,
Florida, and (ii) Monroe County shall have no right to terminate the Lease, but shall have
all other rights and remedies available at law or in equity. Section 16.02.
G:\ W-BJM\38575\OO I \Ground Lease Memo.doc
STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A.
DANNJ:r L. KOLHAGE
CLE OF THE CIRCUIT COURT
DATE:
March 8, 2010
TO:
Christine Hurley. Director
Growth Management Division
ATTN:
FROM:
Mayra TezanQs /*
Executive Assistant
Isabel C. DeSantis. D. C. · .... ..... .... ... ....... i..... ..... .....
At the February 17, 2010, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of the following:
First Amendment to Ground Lease Agreement between Monroe County and Blue Water
Workforce Housing, LLC to extend .the date to obtain Low Income Housing Tax Credit financing
until May l~, 2010 and closing on syndication of credits to May 1, 2011 and obligating the Lessee
to pay assessment and other costs from this date.
Enclosed are two fully executed duplicate originals of each document above for your
handling. Should you have any questions please do not hesitate to contact my office.
cc: County Attorney
Finance
File V