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Item M2
Co unty of f Monroe a, BOARD OF COUNTY COMMISSIONERS Mayor David Rice, District 4 The Florida Keys - 1 Mayor Pro Tern Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 ,• George Neugent, District 2 Heather Carruthers, District 3 County Conmiission Meeting April 19, 2018 A Item Number: M.2 Agenda Item Summary #4106 REVISED BACKUP DAY OF MEETING: Added (4) Vacant Land Contracts to agenda backup. BULK ITEM: No DEPARTMENT: BOCC District 2 TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470 9:16 A.M. (Immediately following Land Authority) AGENDA ITEM WORDING: Discussion and direction to County and /or Land Authority Staff regarding a request from the Florida Keys Community Land Trust (FKCLT) for financial assistance in the amount of $75i 699-60 in tourist impact tax dollars for use to build four code compliant, deed restricted affordable rental homes on Big Pine Key on lots the FKCLT purchased from residents who left the Keys after their homes were destroyed by Hurricane Irma. �P19,g16.00 ITEM BACKGROUND: In March of 2018, the Legislature passed HB 1173 which expanded the statutory authority of the Monroe County Land Authority to use tourist impact tax dollars (half of the penny generated pursuant to F.S. 125.0108) for construction of affordable housing. Specifically, the bills would amend F.S. 380.0666(3) to authorize expenditures of tourist impact tax dollars for construction of affordable housing and certain related expenses. The bill was presented to Governor Scott on March 26, 2018, but he has not signed the bill as of the agenda deadline. The Florida Keys Community Land Trust (FKCLT) is a recently formed non - profit, tax exempt entity that has purchased around twenty (20) single family lots on Big Pine Key since Hurricane Irma from homeowners whose houses were destroyed by Hurricane Irma. The FKCLT was formed to convert these destroyed home sites into new, code compliant, affordable housing for rental to the local workforce. On April 3, 2018, the FKCLT submitted a request for $752,000 ($188,000 per home) in funding by the County under the new authority to pay for the construction of four affordable units on the following four lots: 1) 31438 Avenue E, Big Pine Key, FL 33043; Parcel ID: 00304320 - 000000 2) 31462 Avenue E, Big Pine Key, FL 33043; Parcel ID: 00304290 - 000000 3) 31319 Avenue D, Big Pine Key, FL 33043; Parcel ID: 00304020 - 000000 4) 31171 Avenue D, Rig Pine Key, FL 33043; Parcel ID: 00303770 - 000000 Due to use of a construction technique known as Structural Insulated Panels ( "SIPS "), FKCLT estimates that the four homes could be constructed in approximately three (3) months from ordering. FKCLT is requesting this funding as a first step towards a more comprehensive partnership with the County. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT /AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: DOCUMENTATION: LTO Bob Shillinger 4 -3 -18 request for funding HB 1173 Affordable Keys One Pager 31171 Avenue D Contract (001 l506OxDBB48) 31319 Avenue D Contract (00115059xDBB48) 31438 Avenue E Contract (001 l504OxDBB48) 31462 Avenue E Contract (00115066xDBB48) FINANCIAL IMPACT: Effective Date: Upon adoption Expiration Date: n/a Total Dollar Value of Contract: $752,000 Total Cost to County: $752,000 Current Year Portion: $752,00 Budgeted: Yes Source of Funds: Tourist Impact Tax CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: n/a Revenue Producing: n/a Grant: n/a County Match: n/a Insurance Required: n/a Additional Details: If yes, amount: $752,000.00 in Tourist Impact Tax dollars REVIEWED BY: George Neugent Skipped 04/03/2018 4:46 PM Bob Shillinger Completed 04/03/2018 4:47 PM Budget and Finance Completed 04/03/2018 4:50 PM Kathy Peters Completed 04/03/2018 5:00 PM Board of County Commissioners Pending 04/19/2018 9:00 AM SMITH HAWKS ATTORNEYS AT LAW VIA ELECTRONIC MAIL& HAND DELIVERY April 3. 2018 Robert Shillinger, County Attorney sfiiliiiiger Monroe County Attorney's Office 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 Re: Florida Keys Community Land Trust request for funding under Florida Statute 380.0666(3)(x) for construction of four (4) affordable housing units in Big Pine Key Dear Bob: As you are aware, our firm represents the Florida Keys Community Land Trust. Tile Florida Keys Community Land Trust ( "Trust ") is a not- for -profit tax exempt entity set up in the wake of Hurricane Irma to provide affordable housing in the hardest hit areas. To date, the Trust has acquired almost twenty (20) single family lots on Big Pine Key where the single family homes were destroyed by Hurricane Irma. Upon acquisition, the Trust has endeavored to clear the debris from the property and has worked with several not- for - profits in designing and obtaining a cost efficient approach to ConStl L1Cting single family homes in an expedited time - frame. which will allow the hardest hit areas of the Florida Keys to recover. The Trust has determined the most efficient construction of units is the utilization of Structural Insulated Panels ("SIPS"), which are shipped to the site in panels. assembled on site on piers. which are installed in place upon concrete pilings elevated above base flood elevation and utilize a metal roof system. SIPS homes are built to exceed Monroe County construction codes, including 180+ mph wind rating. From the time of production to Completion we anticipate that these units will be capable of occupancy within three (3) months of ordering. Documentation of construction plans and timelines for construction will be forthcoming in a follow up letter. The Trust desires to construct and rent these homes to low income residents and charge 30% of their gross income to cover the costs of operations and maintaining the homes. The rental amount will not include any fixed costs that were used to acquire the real property. In order to Construct the SIPS homes. the Trust needs additional fielding. The Trust has requested funding from donors, but it is not enough to accomplish the Trust's goals and objectives to rebuild these hardest hit areas and provide affordable housing for residents of Monroe County. The Trust therefore needs partnership with the County to accomplish its goals. 138 SIMONTON STREET, KEY WEST, FLORIDA 33040 U.S.A. 00113096 -ti3 T.305- 296 -7227 F.305- 296 -8448 SMITHHAWKS.COM SMITH HAWKS TTORNEYS AT LAW Therefore, I am writing to you on behalf of the Trust to request funding for construction of four• (4) SIPS houses, under the new legislative authority under Florida Statute 380.0666(3)(a) which provides Monroe County the ability to request the IVlonroe County Land Authority transfer Tourist Impact Tax to Monroe County for use in the construction of affordable housing. The total requested funding is SEVEN IIUNDRED FIFTY -TWO THOUSAND DOLLARS ($ for four SIPS homes, or ONE - IIUNDRED EIGHTY -EIGHT THOUSAND DOLLARS ($188,000.00) per SIPS home, which is the total soft and hard costs to construct the units. A breakdown of the hard and soft costs associated with construction will be provided in a follow up letter. The parcels selected for the affordable housing SIPS homes are: 1) 31438 Avenue E. Big Pine Key, FL 33043; Parcel ID: 00304320- 000000 2) 31462 Avenue E, Big Pine Ke FL 33043; Parcel ID: 00304290 - 000000 3) 3 13 19 Avenue D. Big: Pine Kev, FL 33043; Parcel ID: 003040 000000 4) v 1171 Avenue D, Big Pine Key, FL 33043; Parcel ID: 00303770 - 000000 Attached please find the ROGO exemption letters for each parcel evidencing its ability to be rebuilt as affordable housing. The parcels were previously occupied by home owners who chose W leave after Hurricane Irma due to the destruction to their home and the costs to repair. The recjue5ted funding, complies with the statutory requirements as the redevclopment'ol• the sirrytle family horse complies with the local land development regulations and coinprehens;,:e plan. the pt•operty is heated within an Area of Critical State Concern; the property acquired has no' been selected for purchase through another local, regional, state, or federal public land ;:rr.:q.•isition rarr,: a,icl the contribution is not used to improve public transportation facilities or otherwise increase road capacity. 1 can provide documentation of the Trust's 501(c)(3) status or any additional information you or Monroe County staff may need to full evaluate this request upon your of staff's request. 1 h? Trust looks forward to working with Monroe County to rebuild homes iiir its citizens and recover from this natural disaster. Please feel free to contact me with any questions or to discuss further. Si i Bi' [I, •s, Esq. doLit ; for Florida Keys Community Land Trust. cc ( e mail): Client 138 SIMONTON STREET, KEY WEST, FLORIDA 33040 U.S.A. T. 305 -296 -7227 F 305- 296 -8448 SMITHHAWKS.COM County of Monroe Piannine & Fnr ironmental iLecourees Den3rtment 2 overseas l iighway. Suite 410 klarathon. FL 33050 Voice: (305) - 2500 FAX: (305) 2189 -2536 i 4 J inn. f • � t. t: Boar! orCouniv Cummis.ioners Maxnr lha ;d Ri,:c. tli.lr ci a 4tayor Pro Tem Sytvia.1. Murphy. tti�;!rict 5 Danny 1 . Kolhage. District I George NeLljl Dktricl. 2 [leather Carruthers. 7istric; 3 November 20, 2017 Michael & Barbara Rice 10 Norfolk Rd Brewster NY 10509 Rys 1461, yahoo.com Rir.: ROCO Exemption Request File 42017 - R143 for property located at 31438 Avenue 1?, Big Pine Key, legally- described as Lot 15, Block 32, SautJs Subdivision, Plat Book 1, Page 65, Monroe County, Florida having Real Estate Number 0030 -4320- 000000 ylr_ and Mrs. Rice: You requested a determination as to whether one (1) residential dwelling unit(s) is exempt from the Residential Rate of Growth Ordinance (ROGO) on the above - described premises. Pursuant to Section 138 -22 of the Monroe County Land Development Code, the redevelopment, rehabilitation or replacement of any lawfully established dwelling unit or space that does riot increase the number of*dwellin2 units above that which existed on the site prior to the redevelopment, rehabilitation or replacement shall be exempt from the residential ROGO system. For dwelling units that were established prior to the effective date of the 800() and therefilre did riot receive a ROGO allocation through the ROGO pen allocation system, the Monroe C.OUnil Land Development Code requires a body of evidence to support the existence of the dwelling unit on or ahout July 13. 1992, the effective date of the original ROGO. Any Monroe Count} building p ermit(s) for the original construction of the structure confirming the existence of the dwelling unit and its use(s) on or about July 13, 1992-can stand as the only piece of evidence for a ROGO exemption. If there are no building permit(s) for the original construction of the structure, in order to grant an exemption, at least two of the following documents supporting the [awful existence of' the dwMing unit must be found: (1) Anv other issued Xfonroe County building permits) supporting the existence r.0he .structure(s) and ris use(v) on or about .July 13 199?: We strife to be caring, professional, and fair. The following table organizes relevant building permits by date issued: `t'erif' {r V �25614 1 ai,:•Asetect 02 -22 -1972 1 Double electric service for trailer (also included`RF# 00304330- 000 31970 01 -02 -1974 LTrai tie dow - � T A6916 06 - 10 - 1 X80 "fra tie down (TTD). in spection for insurance purposes 961008:19 06 - 03 - 1996 After the fact 225 8F deck with screening. 1?xisting mobile home. 17104389 06 -28 -2017 Wastewater conn ection County permits support the existence of the structure(s) and its residential use(s) on or about July 13. 1992. i2) Documentation from the iWonroe Count)) Property Appraiser's C)ffice indicating residential use on or ahot.tl July 13, 1992: The Property Appraiser Currently assesses the property under a property classification code of 02- Mobile Nome and their records indicate that a residential unit has been on the tax roll from 1982 to 2016. One (1) building, with a year built date of 1973. is currently attributed to the property. In addition, the property received a homestead exemption from 1982 to 1993 and from 1997 to 1998. County Property Appraiser's documentation indicates residential use on or about July 13, 1992. (31 Aerial photographs (to confirm the number of structures, not the number or type of Lli-elling units) and original dated photographs s howing the .structure(s) existed on or about July 13, 1992: Aerial photography from 1975 to 2015 confines the continuous existence of a structure on the property. As a note, aerial photography can only confirm the number of structures, not the number of dwelling units, in existence at any given time. (4) Residential county. directory entries on or about .luly 13, 1992: Residential county directory entries were reviewed by Planning Department staff for the years 1991 and 1992. The 1991 or 1992 directory did not have an entry for the subject property address. (3) Rental, ocearpanev or lea records on or about July 13, 1992. indicating the number, type and terra of the rental or occupancy: No occupancy or lease records were provided by the applicant for review. (6) State anclwr county licenses on or about Jul}2 13, 199?, indicating the ntunber and types oj'rental units: No state or county licenses were provided by the applicant for review. (7) Documentation from the wilily proviclers indicating the !7 qJ service (COMt.r7er•cicr or- residential) provided and the number of meters in existence on or about Juh 13, 1992: Florida Keys Aqueduct Authority records indicate that residential water service has been provided to one meter on the subject property from November 28, 1976 to present. ( Water and or electric service may have be en provided at other times; how ever ; records stating such were not provided.) Documentation from the utility providers indicating the type ol' service provided and the number of meters in existence supports the residential use of the subject property on or about July 13, 1992. (�1 Similar supporting docrunentatior, not listed above as (leterrnined suilable by the planning director- Land Use (Zoning Dist rict: From 1986 to present, the property is located within the Improved Subdivision (IS) Land Use District, in which a detached residential dwelling, is a permitted use. A mobile home is not a permitted or conditional use within this zoning district, 1988 Monroe County Mobile Home Study The 1988 Monroe County Mobile Home Study records the existence ofa mobile home on the property at that time as Mobile Home Non - Elevated (MHNE). Based on a review of the records, the Planning & Environmental Resources Department has determined that one (1) dwelling unit is lawfully - established on the suhject property and its replacement would thereby be exempt from the ROGO permit allocation system. If the exempted dwelling units are replaced, all existing accessory structures must also be demolished unless written permission stating otherwise is provided by the Planning & Environmental Resources Department. This letter does not provide any vesting to existing regulations and the replacement dwelling units and any new accessory structures must be built in compliance with all applicable regulations of the Monroe County Code and Comprehensive Plan at the time of development approval. Furthermore if the exempted dwelling units are not replaced, but substantially improved as defined in the Monroe County Code, they must be brought into compliance with all applicable regulations. If you have any questions regarding the contents of this letter or if I may further assist you. please reel free to contact the Planning & Environmental Resources Department at (305) 289 -2500. Sincerely, De Tolpin, Planner County of Monroe Planning .$ Environmental Resources Department 2798 Overseas I Iighway. Suite 410 Maralhon. FL 33050 Voice: (305) 289 -2500 FAX: (305) 289 -2536 PtQ Board of County Commissioners Ma1'01 David Rice. District 4 Mayor Pro Tem Sylvia,[. Murphy. Dist. Danny L. holhage, District I George Neuge.nt_ District 2 Heather Carruthers. District December 13, 2017 Rose Dell PO Box 430557 Big Pine Key, FL 33043 We strive to be caring, projessiolnat and fair rose @rosedell.com RE: ROGO Exemption Request (File #2017 -R188) for property located at 31462 Avenue E, Big Pine Key Block 32, Lot 12, Sands Subdivision RE 00304290 - 000000. Ms. Dell: You requested a determination as to whether one (1) residential dwelling twit is exempt from the Residential Rate of Growth Ordinance (ROGO) on the above - described premises. Pursuant to Section 138 -22 of the Monroe County Land Development Code, the redevelopment, rehabilitation or replacement of any lawfully established dwelling twit or space that does not increase the number of dwelling units above that which existed on the site prior to the redevelopment, rehabilitation or replacement shall be exempt from the residential ROGO system. For dwelling, twits that were established prior to the effective date of the ROGO and therefore did not receive a ROGO allocation through the ROGO permit allocation system, the Monroe County Land Development Code requires a body of evidence to support the existence of the dwelling unit on or about July 13, 1992, the effective date of the original ROGO_ Any Monroc County building permit(s) for the original construction of the structure confirming the existence of the dwelling unit and its use(s) on or about .11.11y 13. 1992 can stand as the only piece of evidence for a ROGO exemption. No building permit(s) or certificate of occupancy was provided by the applicant or found by staff in the County records confirming the existence of the dwelling unit and its use(s) on or about JUIl 13, 1992. 11' there are no building permit(s) for the original construction of the structure, in order to grant an exemption, at least two of the following documents supporting the lawful existence of the dwelling unit must be 1 1 01-Ind: (l) Any olhel' issitect A%1oniroe Courtly I)l defi g12ermit(.5) scyphorling the cvislence q the s1rucalre0) am/ its uses) on or about July 13, 1992: The following table organizes relevant building permits by date issued: Permit-No. Date I: Sttea -Description 25609 2/26/1972 60 arrip electric service to trailer ROGO Exemption Request File # [ 2017- R] 881, [3 1462 Avenue El, [BPI(l Page I of Permit Aio. _ _ Date Issued Descri tioii 13763 11/24/1975 Patio slab and trailer tie down 941000466 4/19/1994 Mobile home roof over 021 -04446 10/9/2002 Electric, service riser County permits support the existence of the structure(s) and its residential use(s) on or about July 13, 1992. (2) Documentallon froin the Ailonroe County Property Appraisers Uff/Ce //7Cl7CClhng rL'StdG'i711C11 11.5'e on or about Jul)i 13, 1992: The Property Appraiser currently assesses the property under a property classification code of 02- Mobile Home and their records indicate that a residential unit has been on the tax roll from 1982 to 1999 and from 2014 to 2017. One (l) building, with a year built date of 1976, is currently attributed to the property. In addition, the property received a homestead exemption from 1995 to 1999. County Property Appraiser's documentation indicates residential use on or about July 13, 1992. (3) Aerial photographs (to confirm the number of structures, not the number or type gf'dlwelling unils) and original dated photographs showing the structure(s) existed on or aboul.Iuly 13. 1992: Aerial photography from 1981 to 2015 confirms the continuous existence of a structure on the property. As a note, aerial photography can only confirm the number of structures, not the number of dwelling units, in existence at any given time. (t) Residential county directory entries on or about July 13, 1992: Residential county directory entries were reviewed by Planning Department staff for the years 1991 and 1992. The 1991 and 1992 directories did not have an entry for the subject property's address. Rental, occupancy or lease records on or about July 13, 1992, indicating the number, type and term of'the rental or occupant): No occupancy or lease records were provided by the applicant for review. (i) State and /or county licenses on or about .hd) 13, 1992, indicating the number and Types gf'renlal units: No state or county licenses were provided by the applicant for review. (6) Documenlation from the utility providers indicating the type of service (commercial or residenlial) provided and the number of meters in existence on or about July 13, 1992: Keys Energy Services records indicate that electric service was provided in 2017. (7) Similar supporting documentation not listed above as determined suitable by the planning director: Land Use (Zoning) District From 1986 to present, the property is located in an Improved Subdivision (IS), in which a detached residential dwelling is a permitted use. RU -1, single family residential was the zoning from 1973 to 1986. 1988 Monroe County Ylobile Home Study The 1988 Monroe County Mobile Home Study does record the existence of a mobile ]ionic on the property at that time. ROGO Exemption Request File # [2017- R]88], [31462 Avenue E], [BPK] Page 2 of Based on a review ofthe records, the Planning & Environmental Resources Department has determined that one (1) dwelling unit is lawfully- established on the subject property and its replacement would thereby be exempt From the ROGO permit allocation system. If the exempted dwelling units are replaced, all existing accessory structures must also be demolished unless written permission stating otherwise is provided by the Planning & Environmental Resources Department. This letter does not provide any vesting to existing regulations and the replacement dwelling units and any new accessory structures must be built in compliance with all applicable regulations of the Monroe County Code and Comprehensive Plan at the time of development approval. Furthermore, if the exempted dwelling units are not replaced, but substantially improved as defined in the Monroe County Code, they must be brought into compliance with all applicable regulations. If you have any questions regarding the contents of this letter or if I may further assist you, please feel free to contact the Planning & Environmental Resources Department at (305) 239 -2500. Sincerely, u Liz Lustberg, Planner ROGO Exemption Request File 9 [2017 -R] 88], [31462 Avenue E], [BPK] Page 3 of 3 f s`••' . County of Monroe Growth Management Division Planning & F nvirottmenfal Resources DCDArtment 2798 Overseas Highway, Suite 410 Marathon, FL 33050 Voice: (305) 289 -2500 FAX: (305) 289-2536 Board of County Cotnntissioners Mayor 14ario Di Gennaro, Dist. 4 Mayor Pro Tern Dixie Spehar, Dist, I George Neugent, Dist, 2 Charles "Sonny' McCoy, Dis -. 3 Sylvia J. Murphy, Dist. 5 We stripe to be caring, professional and fair December 5, 2006 Barbara Harrison 31031 Avenue A Big Pine Key, FL 33043 RE: ROGO Exemption Request for 31319 Avenue D, Big Pine Key, Mile Marker 31 Block 31, Lot 1, Sands Subdivision (Real Estate Number: 00304020.000000) Ms. Harrision, You requested a determination as to whether one (1) residential unit is exempt from the Residential Rate of Growth Ordinance (ROGO) on the above - described premises. A review of the records has determined: • The property is located in an Improved Subdivision (IS) Lund Use - District. A single - family, detached dwelling unit is a permitted use in the LS District. New mobile homes are not permitted in the IS District. Prior to 1986, the property was within a RU -5 District (Mobile Home Residential). • A site visit was conducted by a Monroe County Senior Planning Technician, Bill Harbert, on November 1 One occupied mobile home was ob; =emed. o The following :Building Permit(s) were found for PE 00304026.000000: • The Monroe County Property Appraiser's records indicate that a residential Lunt has been on the tax roll from 1982 to present. The year built of the existing stnlcture is indicated as 1970. In addition, the property received a homestead exemption from 1982 until 2001. e The Monroe County 1988 mobile home study indicated that one non - elevated mobile home existed on the property. a In aerial photography from 1984 and 1989, a structure is visible on the property. ROGO Exemption Request for 31319 Avenue D, Big Pule Key, Mile 1vlarker 3l Page 2 of 2 Block 31, Lot 1, Sands Subdivision (Real Estate Number: 00304020.000000) a e Keys Energy Services records indicate that electric service was initiated to 31319 Avenue D in 1972 and remains active. Based on our review of the records, once all existing structures are demolished, one (1) residential unit may be rebuilt conforming to all current .Monroe County Codes without going through ROGO. Pursuant to Section 9.5 -43 of the Monroe County Code you are entitled to rely upon the representations set forth in this letter as accurate under the regidations currently in effect. Please feel free to contact the Planning & Environmental Resources Department at (305) 289- 2500 if you have any questions. Sincerelv, Bill Harbert, oseph Haberman, Senior Planning Tecln ician Planner Cc: Janet Labancz, 2532 SW 52nd Terrace, Cape Coral, FL 33914 4 ROGO Exemption Request for 31319 Avenue D, Big Pine Key , Mile Ivlar.ker 31. Page 2 of 2 Block 31, Lot 1, Sands Subdivision (Real Estate Number: 00304020.000000) County of Monroe Plannine & Emirunmental Resources Department 2798 Overseas Highway. Suite 410 Marathon, FL 33050 Voice: (305) 289 -2500 FAX: (305) 289 -2536 ` ttii f a.3 - Board ol'County Commissioners Mayor David Rice. District 4 A4ayor Pro Tem Sylvia .I. Murphy. District 5 Danny L. Kolhage. District I George Neugent. District 2 Heather Carruthers. District 3 February 14, 2018 Patricia Bridges 2919 Staples Ave Key West, FL 33040 I chocolatecake a gmai I.com RE: ROGO Exemption Request (File #2018 -R042) for property located at 31171 Avenue D, Big Pine Key, legally described as Lot 8, Square 29, Sands Subdivision, according to the flat thereof, as recorded in Plat Book 1, Page 65, of the Public Records of Monroe County, Florida having Real Estate Number 00303770- 000000 Ms. Bridges: You requested a determination as to whether one (1) residential dwelling unit(s) is exempt from the Residential Rate ol'Growth Ordinance (ROGO) on the above - described premises. Pursuant to Section 138 -22 of the Monroe County Land Development Code, the redevelopment, rehabilitation or replacement of any lawfully established dwelling unit or space that does not increase the number of dwelling units above that which existed on the site prior to the redevelopment, rehabilitation or replacement shall be exempt from the residential ROGO system. For dwelling units that were established prior to the effective date of the ROGO and therefore did not receive a ROGO allocation through the ROGO permit allocation system. the Monroe County Land Development Code requires a body of evidence to support the existence of the dwelling unit Oil Or about July 13, 1992, the effective date of the original ROGO. Any Monroe County building permit(s) for the original construction of the structure confirming the existence of the dwelling unit and its use(s) on or about .lutly 13, 1992 can stand as the only piece of evidence for a ROGO exemption. Building permit no. 90101982, issued 0 1 -02-1991 for the replacement of an existing mobile home and Certificate of Occupancy issued 05 -04 -1993 confirm the existence of the dwelling unit and its use On or about ,Iuly 13. 1992. We strive to be caring, professional, mud fair. Land Use (Zoning) District From 1986 to present, the property is located within the Improved Subdivision (1S) Land Use District, in which a detached residential dwelling unit is a permitted use. A mobile home is not a permitted or conditional use within this zoning district. Based on a review of the records, the Planning & Environmental Resources Department has determined that one (1) dwelling unit is lawfully - established on the subject property and its replacement would thereby be exempt from the ROGO permit allocation system. If the exempted dwelling units are replaced, all existing accessory structures must also be demolished unless written permission stating otherwise is provided by the Planning & Environmental Resources Department. This letter does not provide any vesting to existing regulations and the replacement dwelling units and any new accessory structures must be built in compliance with all applicable regulations of the Monroe County Code and Comprehensive Plan at the time of development approval. Furthermore, if the exempted dwelling units are not replaced, but substantially improved as defined in the Monroe County Code., they must be brought into compliance with all applicable regulations. Ifyou have any questions regarding the contents of this letter or if 1 may further assist you, please feel free to contact the Planning & Environmental Resources Department at (305) 289 -2500. Sincerely, Devin Tolpin, Planner F L O R I D A H O U S E O F ENROLLED CS /CS /HB 1173, Engrossed 2 1 2018 Legislature 2 An act relating to lands used for governmental 3 purposes; amending s. 253.025, F.S.; providing 4 conditions under which specified appraisal standards 5 are required, and such appraisal be provided to the 6 seller, for the acquisition of lands for the purpose 7 of buffering military installations against 8 encroachment; authorizing such lands to be leased or 9 conveyed for less than appraised value to military 10 installations; providing requirements for such leasing 11 and conveyance; authorizing the use of certain funding 12 sources for the immediate acquisition of lands that 13 prevent or satisfy private property rights claims 14 within areas of critical state concern; authorizing 15 the board of trustees to waive certain procedures for 16 land acquisition for such lands; providing procedures 17 for estimating the value of such lands under certain 18 conditions; amending s. 259.045, F.S.; authorizing the 19 Department of Environmental Protection to acquire 20 certain conservation and recreation lands to prevent 21 or satisfy private property rights claims within areas 22 of critical state concern; providing procedures for 23 estimating the value of such lands under certain 24 conditions; amending s. 259.105, F.S.; including 25 natural disaster and flood mitigation as criteria for Page 1 of 16 CODING: Words stkkee are deletions; words underlined are additions. R E P R E S E N T A T I V E S hb1173 -05 -er F L O R I D A H O U S E O F ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 26 assessing certain projects and land acquisitions under 27 the Florida Forever Act; amending s. 288.980, F.S.; 28 requiring the Department of Economic Opportunity to 29 annually request state military installations to 30 provide a certain list before a specified date; 31 requiring the department to submit such list to the 32 Florida Defense Support Task Force; requiring the task 33 force to annually review such list and provide certain 34 recommendations by a specified date; requiring the 35 department to annually submit a certain list to the 36 Board of Trustees of the Internal Improvement Trust 37 Fund, for certain purposes; providing requirements for 38 the annual list; revising the definition of the term 39 "nonconservation lands "; amending s. 380.0555, F.S.; 40 revising the legislative intent of the Apalachicola 41 Bay Area Protection Act; amending s. 380.0666, F.S.; 42 authorizing land authorities to contribute tourist 43 impact tax revenues to counties to pay for project 44 costs relating to the construction, redevelopment, and 45 preservation of certain affordable housing; amending 46 s. 380.508, F.S.; requiring that urban greenways and 47 open space projects undertaken, coordinated, or funded 48 by the Florida Communities Trust meet certain 49 criteria; amending s. 380.510, F.S.; conforming a 50 cross - reference; providing an effective date. Page 2 of 16 CODING: Words striekea are deletions; words underlined are additions. R E P R E S E N T A T I V E S hb1173 -05 -er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 51 52 Be It Enacted by the Legislature of the State of Florida: 53 54 Section 1. Subsection (23) of section 253.025, Florida 55 Statutes, is renumbered as subsection (25), subsections (21) and 56 (22) of that section are amended, and new subsections (23) and 57 (24) are added to that section, to read: 58 253.025 Acquisition of state lands. - 59 (21) The board of trustees may acquire, pursuant to s. 60 288.980(2)(b), nonconservation lands from the annual list 61 submitted by the Department of Economic Opportunity for the 62 purpose of buffering a military installation against 63 encroachment. 64 (b) If federal partnership funds are available before the 65 military installation buffer land is acquired, the Division of 66 State Lands shall apply yellow book appraisal standards and must 67 disclose the appraised value to the seller. 68 (c) Following acquisition of the military installation 69 buffer land, the board of trustees is authorized, in accordance 70 with the installation's procedures, the laws of this state, and 71 the terms of the management and monitoring agreement provided in 72 s. 288.980(2)(b), to: 73 1. Convey the land at less than appraised value to the 74 military installation; 75 2. Lease the land at less than appraised or market value Page 3 of 16 CODING: Words strk;ken are deletions; words underlined are additions. hb1173 -05 -er F L O R I D A H 0 U S E O F R E P R E S E N T A T I V E S ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 76 to the military installation; or 77 3. Lease the land at rates determined by competitive bid, 78 which may be less than appraised or market value, to private 79 entities to conduct agricultural or silvicultural operations 80 under terms requiring approval of the military installation and 81 that must implement the best management practices applicable to 82 such operations as adopted by the Department of Agriculture and 83 Consumer Services. 84 (d) A conveyance at less than appraised value must state 85 that the land will revert to the board of trustees if the land 86 is not used for its intended purposes as a military installation 87 buffer or if the military installation closes. 88 (22) The board of trustees, by an affirmative vote of at 89 least three members, may direct the Department of Environmental 90 Protection to purchase lands on an immediate basis using up to 91 15 percent of the funds allocated to the department pursuant to 92 s. 259.105 for the acquisition of lands that: 93 (a) Are listed or placed at auction by the Federal 94 Government as part of the Resolution Trust Corporation sale of 95 lands from failed savings and loan associations; 96 (b) Are listed or placed at auction by the Federal 97 Government as part of the Federal Deposit Insurance Corporation 98 sale of lands from failed banks; e-r- 99 (c) Will be developed or otherwise lost to potential 100 public ownership, or for which federal matching funds will be Page 4 of 16 CODING: Words st kkOR are deletions; words underlined are additions. hb1173 -05 -er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 101 lost, by the time the land can be purchased under the program 102 within which the land is listed for acquisition or 103 (d) Will prevent or satisfy private property rights claims 104 resulting from limitations imposed by the designation of an area 105 of critical state concern pursuant to chapter 380 106 107 Feia sideh aequlsltleors, the bear-deftrus -tees waive —ems - -- -f,' 108 all p L=e eedtrras— i=eqid-i -rreel f e r land -- a-eqdd:site piarrsuant } e t ; 109 ehapteE and all Eefftget-rt- ry=e -bz d--p r-e eedidres requiree - - - -- - - 110 ehapttFs 255 and 28:7. Lands acquired pursuant to this subsection 111 must, at the time of purchase, be on one of the acquisition 112 lists established pursuant to chapter 259, or be essential for 113 water resource development, protection, or restoration, or a 114 significant portion of the lands must contain natural 115 communities or plant or animal species that are listed by the 116 Florida Natural Areas Inventory as critically imperiled, 117 imperiled, or rare, or as excellent quality occurrences of 118 natural communities. 119 (23) The board of trustees, by an affirmative vote of at 120 least three members, may direct the division to purchase lands 121 on an immediate basis that will prevent or satisfy private 122 property rights claims resulting from limitations imposed by the 123 designation of an area of critical state concern pursuant to 124 chapter 380. 125 (24) For acquisitions directed pursuant to subsection (22) Page 5 of 16 CODING: Words 8+' are deletions; words underlined are additions. hbl 173 -05 -er F L O R I D A H O U S E O F ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 126 or subsection (23): 127 (a) The board of trustees may waive or modify all 128 procedures required for land acquisition pursuant to this 129 chapter and all competitive bid procedures required pursuant to 130 chapters 255 and 287; and 131 (b) If a parcel is estimated to be worth $500,000 or less 132 and the director of the Division of State Lands finds that the 133 cost of an outside appraisal is not justified, a comparable 134 sales analysis, an appraisal prepared by the division, or other 135 reasonably prudent procedure may be used by the division to 136 estimate the value of the land, provided the public interest is 137 reasonably protected. 138 Section 2. Subsection (6) of section 259.045, Florida 139 Statutes, is amended to read: 140 259.045 Purchase of lands in areas of critical state 141 concern; recommendations by department and land authorities. - 142 Within 45 days after the Administration Commission designates an 143 area as an area of critical state concern under s. 380.05, and 144 annually thereafter, the Department of Environmental Protection 145 shall consider the recommendations of the state land planning 146 agency pursuant to s. 380.05(1)(a) relating to purchase of lands 147 within an area of critical state concern or lands outside an 148 area of critical state concern that directly impact an area of 149 critical state concern, which may include lands used to preserve 150 and protect water supply, and shall make recommendations to the Page 6 of 16 CODING: Words sea are deletions; words underlined are additions. R E P R E S E N T A T I V E S hb1173 -05 -er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature board with respect to the purchase of the fee or any lesser interest in any such lands that are: (6) Lands used to prevent or satisfy private property ti rights claims resulting from limitations imposed by the designation of an area of critical state concern if the acquisition of such lands fulfills a public purpose listed in s. 259.032(2) or if the parcel is wholly or partially, at the time of acquisition, on one of the board's approved acquisition lists established pursuant to this chapter. For the purposes of this subsection, if a parcel is estimated to be worth $500,000 or less and the director of the Division of State Lands finds that the cost of an outside appraisal is not justified, a comparable sales analysis, an appraisal prepared by the Division of State Lands, or other reasonably prudent procedures may be used by the Division of State Lands to estimate the value of the parcel, provided the public's interest is reasonably protected The department, a local government, a special district, or a land authority within an area of critical state concern may make recommendations with respect to additional purchases which were not included in the state land planning agency recommendations. Section 3. Paragraph (i) is added to subsection (4) of section 259.105, Florida Statutes, to read: 259.105 The Florida Forever Act. — (4) It is the intent of the Legislature that projects or Page 7 of 16 CODING: Words e4'6IEee are deletions; words underlined are additions. hbl 173 -05 -er F L O R I D A H 0 U S E O F R E P R E S E N T A T I V E S ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 176 acquisitions funded pursuant to paragraphs (3)(a) and (b) 177 contribute to the achievement of the following goals, which 178 shall be evaluated in accordance with specific criteria and 179 numeric performance measures developed pursuant to s. 180 259.035(4): 181 (i) Mitigate the effects of natural disasters and floods 182 in developed areas, as measured by: 183 1. The number of acres acquired within a 100 -year 184 floodplain or a coastal high hazard area; 185 2. The number of acres acquired or developed to serve dual 186 functions as: 187 a. Flow ways or temporary water storage areas during 188 flooding or high water events, not including permanent 189 reservoirs; and 190 b. Greenways or open spaces available to the public for 191 recreation; 192 3. The number of acres that protect existing open spaces 193 and natural buffer areas within a floodplain that also serve as 194 natural flow ways or natural temporary water storage areas; and 195 4. The percentage of the land acquired within the project 196 boundary that creates additional open spaces, natural buffer 197 areas, and greenways within a floodplain, while precluding 198 rebuilding in areas that repeatedly flood. 199 200 Florida Forever projects and acquisitions funded pursuant to Page 8 of 16 CODING: Words ken are deletions; words underlined are additions. hb1173 -05 -er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 201 paragraph (3)(c) shall be measured by goals developed by rule by 202 the Florida Communities Trust Governing Board created in s. 203 380.504. 204 Section 4. Paragraphs (b) and (c) of subsection (2) of 205 section 288.980, Florida Statutes, are amended to read: 206 288.980 Military base retention; legislative intent; 207 grants program. - 208 (2) 209 (b) The department shall annually request military 210 installations in the state to provide the department with a list 211 of base buffering encroachment lands for fee simple or less - 212 than -fee simple acquisitions before October 1. 213 2. The department shall submit the list of base buffering 214 encroachment lands to the Florida Defense Support Task Force, 215 created in s. 288.987. 216 3. The Florida Defense Support Task Force shall, annually 217 by December 1, review the list of base buffering encroachment 218 lands submitted by the military installations and provide its 219 recommendations for ranking the lands for acquisition to the 220 department. 221 4. The department shall annually submit the list of base 222 buffering encroachment lands provided by the Florida Defense 223 Support Task Force to the Board of Trustees of the Internal 224 Improvement Trust Fund, which may acquire the lands pursuant to 225 s. 253.025. At a minimum, the annual list must contain for each Page 9 of 16 CODING: Words wee are deletions; words underlined are additions. hb1173 -05 -er F L O R I D A H 0 U S E O F R E P R E S E N T A T I V E S ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 226 227 recommended land acquisition: a. A legal description of the land and its property 228 229 230 identification number; b. A detailed map of the land; C. A management and monitoring and agreement to ensure the 231 land serves a base buffering purpose The departfftent Fftay annual 232 list te-the Beard Tr-dstees the lnteEna= 233 submit a -ef 3mrpLaeveRient Trtrs t Ford- f of t re lands 234 -e n e n ee n s e r v a te -t e- eequiLe , fee 235 subjeet a speeifie apprepratie t h h t�iel, less-than-fee i threugh - simple p uieh -- t s }tee 236 e r rr e u g p ere f bidffeicing e rest piirehas. e, ems- 237 purpesee The Beard the internal 238 enereaehFaent. efTrtrstees of m,..,, t Tru F un d l 1 der the Ifftprevement 239 a so --erns i E e FA:eL=id-a f :Ft Task Ferree, eemE-te- ndatien s e th in 288.987, 240 -9 o en s e-8iapp e e l i lands t reated s. when the 241 se eet ng nenee n s er- v-atAm en epirEehaee -€e r pidEpe se --e-€ 242 seeurinff anEi piceteeting This deer 243 enereeextent. raEagr-aph -net lands by ieeal threugh preelude the ncquisiti--- fee- h 244 of sieh gevernFaeRts less than fee interest s -ifapi= pi se €ere 245 er-thLa -- - p`uLaehasc, 2 4 6 247 248 249 ,.�,...,..-. } . (c) As used in this subsection, lands" means lands acquired for uses outdoor resource -based recreation, or the term "nonconservation other than conservation, archaeological or historic 250 preservation net subj eet -te- aeej -i ren by the Fiend Ferever Page 10 of 16 CODING: Words etFiGkee are deletions; words underlined are additions. hb1173 -05 -er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 251 P-r-eEji=aFfl.-. 252 Section 5. Paragraphs (h) and (i) are added to subsection 253 (2) of section 380.0555, Florida Statutes, to read: 254 380.0555 Apalachicola Bay Area; protection and designation 255 as area of critical state concern. - 256 (2) LEGISLATIVE INTENT. —It is hereby declared that the 257 intent of the Legislature is: 258 (h) To provide affordable housing in close proximity to 259 places of employment in the Apalachicola Bay Area. 260 (i) To protect and improve the water quality of the 261 Apalachicola Bay Area through federal, state, and local funding 262 of water quality improvement projects, including the 263 construction and operation of wastewater management facilities 264 that meet state requirements. 265 Section 6. Subsection (3) of section 380.0666, Florida 266 Statutes, is amended to read: 267 380.0666 Powers of land authority. —The land authority 268 shall have all the powers necessary or convenient to carry out 269 and effectuate the purposes and provisions of this act, 270 including the following powers, which are in addition to all 271 other powers granted by other provisions of this act: 272 (3) To acquire and dispose of real and personal 273 property or any interest therein when such acquisition is 274 necessary or appropriate to protect the natural environment, 275 provide public access or public recreational facilities, Page 11 of 16 CODING: Words stF ' Gken are deletions; words underlined are additions. hb1173 -05 -er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 276 preserve wildlife habitat areas, provide affordable housing to 277 families whose income does not exceed 160 percent of the median 278 family income for the area, prevent or satisfy private property 279 rights claims resulting from limitations imposed by the 280 designation of an area of critical state concern, or provide 281 access to management of acquired lands; to acquire interests in 282 land by means of land exchanges; to contribute tourist impact 283 tax revenues received pursuant to s. 125.0108 to the county in 284 which it is located and its most populous municipality or the 285 housing authority of such county or municipality, at the request 286 of the county commission or the commission or council of such 287 municipality, for the construction, redevelopment, or 288 preservation of affordable housing in an area of critical state 289 concern within such municipality or any other area of the 290 county to contribute funds to the Department of Environmental 291 Protection for the purchase of lands by the department; and to 292 enter into all alternatives to the acquisition of fee interests 293 in land, including, but not limited to, the acquisition of 294 easements, development rights, life estates, leases, and 295 leaseback arrangements. However, the land authority shall make 296 an acquisition or contribution only if: 297 1.+a+ Such acquisition or contribution is consistent with 298 land development regulations and local comprehensive plans 299 adopted and approved pursuant to this chapter; 300 2.+b} The property acquired is within an area designated Page 12 of 16 CODING: Words StFiG are deletions; words underlined are additions. hb1173 -05 -er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 301 as an area of critical state concern at the time of acquisition 302 or is within an area that was designated as an area of critical 303 state concern for at least 20 consecutive years before pi=ieLc t$ 304 removal of the designation; 305 3.{e+ The property to be acquired has not been selected 306 for purchase through another local, regional, state, or federal 307 public land acquisition program. Such restriction does shall not 308 apply if the land authority cooperates with the other public 309 land acquisition programs which listed the lands for 310 acquisition, to coordinate the acquisition and disposition of 311 such lands. In such cases, the land authority may enter into 312 contractual or other agreements to acquire lands jointly or for 313 eventual resale to other public land acquisition programs; and 314 4.{d -* The acquisition or contribution is not used to 315 improve public transportation facilities or otherwise increase 316 road capacity to reduce hurricane evacuation clearance times. 317 (b) To use revenues received pursuant to s. 125.0108 to 318 pay costs related to affordable housing projects, including: 319 1. The cost of acquiring real property and any buildings 320 thereon, including payments for contracts to purchase 321 properties; 322 2. The cost of site preparation, demolition, environmental 323 remediation that is not reimbursed by another governmental 324 funding program, and development; 325 3. Professional fees in connection with the planning, Page 13 of 16 CODING; Words etFiGkee are deletions; words underlined are additions. hbl173 -05 -er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 326 design, and construction of the project, such as those of 327 architects, engineers, attorneys, and accountants; 328 4. The cost of studies, surveys, and plans; 329 5. The cost of the construction, rehabilitation, and 330 equipping of the project, excluding permit and impact fees and 331 mitigation requirements; 332 6. The cost of on -site land improvements, such as 333 landscaping, parking, and ingress and egress, excluding permit 334 and impact fees and mitigation requirements; and 335 7. The cost of offsite access roads, except those required 336 to meet hurricane evacuation clearance times. 337 Section 7. Paragraph (f) of subsection (4) of section 338 380.508, Florida Statutes, is redesignated as paragraph (g), and 339 a new paragraph (f) is added to that subsection, to read: 340 380.508 Projects; development, review, and approval. - 341 (4) Projects or activities which the trust undertakes, 342 coordinates, or funds in any manner shall comply with the 343 following guidelines: 344 (f) The purpose of urban greenways and open space projects 345 shall be to provide recreational opportunities, promote 346 community interaction, and connect communities. Urban greenways 347 and open space projects may also serve dual functions as flow 348 ways or temporary water storage areas, not including permanent 349 reservoirs, to mitigate natural disasters and floods in 350 developed areas. Page 14 of 16 CODING: Words stricken are deletions; words underlined are additions. hb1173 -05 -er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 ENROLLED CS/CS/1-1131173, Engrossed 2 2018 Legislature Project costs may include costs of providing parks, open space, public access sites, scenic easements, and other areas and facilities serving the public where such features are part of a project plan approved according to this part. In undertaking or coordinating projects or activities authorized by this part, the trust shall, when appropriate, use and promote the use of creative land acquisition methods, including the acquisition of less than fee interest through, among other methods, conservation easements, transfer of development rights, leases, and leaseback arrangements. The trust shall assist local governments in the use of sound alternative methods of financing for funding projects and activities authorized under this part. Any funds over and above eligible project costs, which remain after completion of a project approved according to this part, shall be transmitted to the state and deposited into the Florida Forever Trust Fund. Section 8. Paragraph (d) of subsection (3) of section 380.510, Florida Statutes, is amended to read: 380.510 Conditions of grants and loans. — (3) In the case of a grant or loan for land acquisition, agreements shall provide all of the following: (d) If any essential term or condition of a grant or loan is violated, title to all interest in real property acquired with state funds shall be conveyed or revert to the Board of Page 15 of 16 CODING: Words str+ekee are deletions; words underlined are additions. hb1173 -05 -er F L O R I D A H 0 U S E O F R E P R E S E N T A T I V E S ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 376 Trustees of the Internal Improvement Trust Fund. The trust shall 377 treat such property in accordance with s. 380.508(4)(g) -s— 378 989. 379 380 Any deed or other instrument of conveyance whereby a nonprofit 381 organization or local government acquires real property under 382 this section shall set forth the interest of the state. The 383 trust shall keep at least one copy of any such instrument and 384 shall provide at least one copy to the Board of Trustees of the 385 Internal Improvement Trust Fund. 386 Section 9. This act shall take effect upon becoming a law. Page 16 of 16 CODING: Words s are deletions; words underlined are additions. hb1173 -05 -er • Permanent homes meet or exceed all requires building codes. • Designed to 200 mph wind loads & raised above FEMA height req. • Panelized SIPs construction is energy efficient & streamlines installation • Unit Sizes: 2 bed (760 sq. ft.) and 3 bed (1092 sq. ft.) units • Phase 1: Four, 2 bed homes under construction in Big Pine Key AFFORDABLE THE PROBLEM Hurricane Irma magnified the affordable housing crisis in Monroe County. THE SOLUTION Get started by developing privately funded permanently affordable rental housing. THE PLAN Assemble a team of leading national experts to execute the vision; fundraise to support the plan; seek public/ private partnership to grow project. ABOUT THE TEAM Cusato & Co. develops innovative housing � n solutions for disaster rebuilding and = workforce housing, founded by Katrina cusATO & CO Cottage designer Marianne Cusato. Cypress Community Development Corp, ,q a not for profit housing development firm ® built 450 Katrina Cottages in Louisiana through FEMA funding. The Florida Housing Coalition, the foremost affordable housing advocate in • Florida, provides training and technical assistance CONTACT: Irina Woelfle 1 (772) 231 - 7532 1 irina(abIWPRGroup.com I AffordableKeys.org ABOUT THE HOMES Vacant Land Contract 0 1 , Florida Realtors° 1• 1. Sale and Purchase: FLORIDA KEYS COMMUNITY LAND TRUST INC. ( "Seller ") 2- and MONROE COUNTY, Florida, a political subdivision ( "Buyer ") 3 (the "parties ") agree to sell and buy on the terms and conditions specified below the property ( "Property ") 4 described as: 5• Address: 31171 Avenue D, Big Pine Key, FL 33043 6• Legal Description: BK 29 LT 8 SANDS SUB PBl -65 BIG PINE KEY OR549 -913 OR2479- 134ORD OR2531 -738 7 OR 2677 -942 OR2893- 2165/67 9 10 11• SEC _ /TWP _ /RNG _ of County, Florida. Real Property ID No.: 00303770-000000 12- including all improvements existing on the Property and the following additional property: 13 14• 2. Purchase Price: (U.S. currency) ................................................................. ............................... $ 99,999.99 15 All deposits will be made payable to "Escrow Agent" named below and held in escrow by: 16- Escrow Agent's Name: Smith Hawks, PL 17- Escrow Agent's Contact Person: Bryan Hawks 18• Escrow Agent's Address: 138 Simonton Street 19• Escrow Agent's Phone: (305) 296 -7227 20- Escrow Agent's Email: bryan@smithhawks.com 21 (a) Initial deposit ($0 if left blank) (Check if applicable) 22= ❑ accompanies offer 23• ❑ will be delivered to Escrow Agent within days (3 days if left blank) 24 - after Effective Date ................................................................................. ............................... $ 0.00 25 (b) Additional deposit will be delivered to Escrow Agent (Check if applicable) 26• ❑ within days (10 days if left blank) after Effective Date 27• ❑ within days (3 days if left blank) after expiration of Feasibility Study Period ....... $ 28• (c) Total Financing (see Paragraph 5) (express as a dollar amount or percentage) .................. 29= (d) Other: ............ $ 30 (e) Balance to close (not including Buyer's closing costs, prepaid items, and prorations) 31• to be paid at closing by wire transfer or other Collected funds .............. ............................... $ 99,99999 32• (f) ❑ (Complete only if purchase price will be determined based on a per unit cost instead of a fixed price.) The 33- unit used to determine the purchase price is ❑ lot ❑ acre ❑ square foot ❑ other (specify): 34• prorating areas of less than a full unit. The purchase price will be $ per unit based on a 35 calculation of total area of the Property as certified to Seller and Buyer by a Florida licensed surveyor in 36 accordance with Paragraph 7(c). The following rights of way and other areas will be excluded from the 37- calculation: 38 3. Time for Acceptance; Effective Date: Unless this offer is signed by Seller and Buyer and an executed copy 39• delivered to all parties on or before , this offer will be withdrawn and Buyer's deposit, if 40 any, will be returned. The time for acceptance of any counter offer will be 3 days after the date the counter offer is 41 delivered. The "Effective Date" of this contract is the date on which the last one of the Seller and Buyer 42 has signed or initialed and delivered this offer or the final counter offer. 43• 4. Closing Date: This transaction will close on see Additional Terms ( "Closing Date "), unless specifically 44 extended by other provisions of this contract. The Closing Date will prevail over all other time periods including, 45 but not limited to, Financing and Feasibility Study periods. However, if the Closing Date occurs on a Saturday, 46 Sunday, or national legal holiday, it will extend to 5:00 p.m. (where the Property is located) of the next business 47 day. In the event insurance underwriting is suspended on Closing Date and Buyer is unable to obtain property 48 insurance, Buyer may postpone closing for up to 5 days after the insurance underwriting suspension is lifted. If 49 this transaction does not close for any reason, Buyer will immediately return all Seller provided documents and 50 other items. Buyer L_j ( ) and Seller acknowledge receipt of a copy of this page, which is 1 of 7 pages. VAC -11 Rev 6117 ©2017 Florida Realtors-' serial#: 023115.800152.3895485 ' 51 5. Financing: (Check as applicable) 52- (a) 0 Buyer will pay cash for the Property with no financing contingency. 53• (b) ❑ This contract is contingent on Buyer qualifying for and obtaining the commitment(s) or approval(s) 54- specified below ( "Financing ") within days after Effective Date (Closing Date or 30 days after Effective 55• Date, whichever occurs first, if left blank) ( "Financing Period "). Buyer will apply for Financing within 56 days after Effective Date (5 days if left blank) and will timely provide any and all credit, employment, financial, 57 and other information required by the lender. If Buyer, after using diligence and good faith, cannot obtain the 58 Financing within the Financing Period, either party may terminate this contract and Buyer's deposit(s) will be 59 returned. 60• (1) ❑ New Financing: Buyer will secure a commitment for new third party financing for $ 61• or % of the purchase price at (Check one) ❑ a fixed rate not exceeding % ❑ an 62• adjustable interest rate not exceeding % at origination (a fixed rate at the prevailing interest rate 63 based on Buyer's creditworthiness if neither choice is selected). Buyer will keep Seller and Broker fully 64 informed of the loan application status and progress and authorizes the lender or mortgage broker to 65 disclose all such information to Seller and Broker. 66• (2) ❑ Seller Financing: Buyer will execute a ❑ first ❑ second purchase money note and mortgage to 67• Seller in the amount of $ bearing annual interest at % and payable as 68. follows: 69 The mortgage, note, and any security agreement will be in a form acceptable to Seller and will follow 70 forms generally accepted in the county where the Property is located; will provide for a late payment fee 71 and acceleration at the mortgagee's option if Buyer defaults; will give Buyer the right to prepay without 72 penalty all or part of the principal at any time(s) with interest only to date of payment; will be due on 73 conveyance or sale; will provide for release of contiguous parcels, if applicable; and will require Buyer to 74 keep liability insurance on the Property, with Seller as additional named insured. Buyer authorizes Seller 75 to obtain credit, employment, and other necessary information to determine creditworthiness for the 76 financing. Seller will, within 10 days after Effective Date, give Buyer written notice of whether or not 77 Seller will make the loan. 78= (3) ❑ Mortgage Assumption: Buyer will take title subject to and assume and pay existing first mortgage to 79• 80• LN# in the approximate amount of $ currently payable at 81- $ per month, including principal, interest, ❑ taxes and insurance, and having a 82• ❑ fixed ❑ other (describe) 83• interest rate of % which ❑ will ❑ will not escalate upon assumption. Any variance in the 84 mortgage will be adjusted in the balance due at closing with no adjustment to purchase price. Buyer will 85• purchase Seller's escrow account dollar for dollar. If the interest rate upon transfer exceeds % or 86• the assumption /transfer fee exceeds $ , either party may elect to pay the excess, 87 failing which this contract will terminate; and Buyer's deposit(s) will be returned. If the lender disapproves 88 Buyer, this contract will terminate; and Buyer's deposit(s) will be returned. 89= 6. Assignability: (Check one) Buyer ❑ may assign and thereby be released from any further liability under this 90= contract, ❑ may assign but not be released from liability under this contract, or ❑ may not assign this contract. 91• 7. Title: Seller has the legal capacity to and will convey marketable title to the Property by ❑ statutory warranty 92• deed ❑ special warranty deed ❑ other (specify) , free of liens, easements, 93 and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, 94 restrictions, and public utility easements of record; existing zoning and governmental regulations; and (list any 95• other matters to which title will be subject) 96 provided there exists at closing no violation of the foregoing. 97 (a) Title Evidence: The party who pays for the owner's title insurance policy will select the closing agent and 98 pay for the title search, including tax and lien search if performed, and all other fees charged by closing agent. 99 Seller will deliver to Buyer, at 100- (Check one) 0 Seller's ❑ Buyer's expense and 101• (Check one) 0 within X 3 days after Effective Date ❑ at least days before Closing Date, 102 (Check one) 103• (1) [K a title insurance commitment by a Florida licensed title insurer setting forth those matters to be 104 discharged by Seller at or before closing and, upon Buyer recording the deed, an owner's policy in the 105 amount of the purchase price for fee simple title subject only to the exceptions stated above. If Buyer is 106 paying for the owner's title insurance policy and Seller has an owner's policy, Seller will deliver a copy to 107 Buyer within 15 days after Effective Date. Buyer ( ) ( ) and Seller ( ) ( ) acknowledge receipt of a copy of this page, which is 2 of 7 pages. VAC -11 Rev 6117 ©2017 Florida Realtors' Serial #: 023115- 800152- 3895485 f l �rl1�.i j?, 108• (2) Elan abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an 109 existing firm. However, if such an abstract is not available to Seller, then a prior owner's title policy 110 acceptable to the proposed insurer as a base for reissuance of coverage may be used. The prior policy 111 will include copies of all policy exceptions and an update in a format acceptable to Buyer from the policy 112 effective date and certified to Buyer or Buyer's closing agent together with copies of all documents 113 recited in the prior policy and in the update. If such an abstract or prior policy is not available to Seller, 114 then (1) above will be the title evidence. 115• (b) Title Examination: After receipt of the title evidence, Buyer will, within 2 days (10 days if left blank) 116 but no later than Closing Date, deliver written notice to Seller of title defects. Title will be deemed acceptable 117 to Buyer if (i) Buyer fails to deliver proper notice of defects or (ii) Buyer delivers proper written notice and 118• Seller cures the defects within 10 days (30 days if left blank) ( "Cure Period ") after receipt of the notice. If 119 the defects are cured within the Cure Period, closing will occur within 10 days after receipt by Buyer of notice 120 of such cure. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be cured 121 within the Cure Period. If the defects are not cured within the Cure Period, Buyer will have 10 days after 122 receipt of notice of Seller's inability to cure the defects to elect whether to terminate this contract or accept 123 title subject to existing defects and close the transaction without reduction in purchase price. 124 (c) Survey: Buyer may, at Buyer's expense, have the Property surveyed and must deliver written notice to 125 Seller, within 5 days after receiving survey but not later than 5 days before Closing Date, of any 126 encroachments on the Property, encroachments by the Property's improvements on other lands, or deed 127 restriction or zoning violations. Any such encroachment or violation will be treated in the same manner as a 128 title defect and Seller's and Buyer's obligations will be determined in accordance with Paragraph 7(b). 129 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. 130 8. Property Condition: Seller will deliver the Property to Buyer at closing in its present "as is" condition, with 131 conditions resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will not engage in or 132 permit any activity that would materially alter the Property's condition without the Buyer's prior written consent. 133 (a) Inspections: (Check (1) or (2)) 134= (1) ❑ Feasibility Study: Buyer will, at Buyer's expense and within days (30 days if left blank) 135 ( " Feasibility Study Period ") after Effective Date and in Buyer's sole and absolute discretion, determine 136 whether the Property is suitable for Buyer's intended use. During the Feasibility Study Period, Buyer 137 may conduct a Phase 1 environmental assessment and any other tests, analyses, surveys, and 138 investigations ( "Inspections ") that Buyer deems necessary to determine to Buyer's satisfaction the 139 Property's engineering, architectural, and environmental properties; zoning and zoning restrictions; 140 subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities; 141 consistency with local, state, and regional growth management plans; availability of permits, government 142 approvals, and licenses; and other inspections that Buyer deems appropriate. If the Property must be 143 rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all 144 documents Buyer is required to file in connection with development or rezoning approvals. Seller gives 145 Buyer, its agents, contractors, and assigns, the right to enter the Property at any time during the 146 Feasibility Study Period for the purpose of conducting Inspections, provided, however, that Buyer, its 147 agents, contractors, and assigns enter the Property and conduct Inspections at their own risk. Buyer will 148 indemnify and hold Seller harmless from losses, damages, costs, claims, and expenses of any nature, 149 including attorneys' fees, expenses, and liability incurred in application for rezoning or related 150 proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any 151 work authorized by Buyer. Buyer will not engage in any activity that could result in a construction lien 152 being filed against the Property without Seller's prior written consent. If this transaction does not close, 153 Buyer will, at Buyer's expense, (i) repair all damages to the Property resulting from the Inspections and 154 return the Property to the condition it was in before conducting the Inspections and (ii) release to Seller 155 all reports and other work generated as a result of the Inspections. 156 Before expiration of the Feasibility Study Period, Buyer must deliver written notice to Seller of Buyer's 157 determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice 158 requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" 159 condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to 160 Seller, this contract will be deemed terminated, and Buyer's deposit(s) will be returned. 161• (2) [K No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, including 162 being satisfied that either public sewerage and water are available to the Property or the Property will be 163 approved for the installation of a well and /or private sewerage disposal system and that existing zoning Buyer ( ) ( ) and Seller ( __ J ( ) acknowledge receipt of a copy of this page, which is 3 of 7 pages. VAC -11 Rev 6117 ©2017 Florida Realtors sedal #: 023115 - 800152. 3895485 164 and other pertinent regulations and restrictions, such as subdivision or deed restrictions, concurrency, 165 growth management, and environmental conditions, are acceptable to Buyer. This contract is not 166 contingent on Buyer conducting any further investigations. 167 (b) Government Regulations: Changes in government regulations and levels of service which affect Buyer's 168 intended use of the Property will not be grounds for terminating this contract if the Feasibility Study Period has 169 expired or if Paragraph 8(a)(2) is selected. 170 (c) Flood Zone: Buyer is advised to verify by survey, with the lender, and with appropriate government 171 agencies which flood zone the Property is in, whether flood insurance is required, and what restrictions apply 172 to improving the Property and rebuilding in the event of casualty. 173 (d) Coastal Construction Control Line ( "CCCL "): If any part of the Property lies seaward of the CCCL as 174 defined in Section 161.053, Florida Statutes, Seller will provide Buyer with an affidavit or survey as required 175 by law delineating the line's location on the Property, unless Buyer waives this requirement in writing. The 176 Property being purchased may be subject to coastal erosion and to federal, state, or local regulations that 177 govern coastal property, including delineation of the CCCL, rigid coastal protection structures, beach 178 nourishment, and the protection of marine turtles. Additional information can be obtained from the Florida 179 Department of Environmental Protection, including whether there are significant erosion conditions associated 180 with the shore line of the Property being purchased. 181- 0 Buyer waives the right to receive a CCCL affidavit or survey. 182 9. Closing Procedure; Costs: Closing will take place in the county where the Property is located and may be 183 conducted by mail or electronic means. If title insurance insures Buyer for title defects arising between the title 184 binder effective date and recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds 185 to Seller (in local cashier's check if Seller requests in writing at least 5 days before closing) and brokerage fees to 186 Broker as per Paragraph 19. In addition to other expenses provided in this contract, Seller and Buyer will pay the 187 costs indicated below. 188 (a) Seller Costs: 189 Taxes on deed 190 Recording fees for documents needed to cure title 191 Title evidence (if applicable under Paragraph 7) 192• Other: 193 (b) Buyer Costs: 194 Taxes and recording fees on notes and mortgages 195 Recording fees on the deed and financing statements 196 Loan expenses 197 Title evidence (if applicable under Paragraph 7) 198 Lender's title policy at the simultaneous issue rate 199 Inspections 200 Survey 201 Insurance 202• Other: 203 (c) Prorations: The following items will be made current and prorated as of the day before Closing Date: real 204 estate taxes (including special benefit tax liens imposed by a CDD), interest, bonds, assessments, leases, 205 and other Property expenses and revenues. If taxes and assessments for the current year cannot be 206 determined, the previous year's rates will be used with adjustment for any exemptions. 207 (d) Special Assessment by Public Body: Regarding special assessments imposed by a public body, Seller 208 will pay (i) the full amount of liens that are certified, confirmed, and ratified before closing and (ii) the amount 209 of the last estimate of the assessment if an improvement is substantially completed as of Effective Date but 210 has not resulted in a lien before closing; and Buyer will pay all other amounts. If special assessments may be 211• paid in installments, ❑ Seller ❑ Buyer (Buyer if left blank) will pay installments due after closing. If Seller is 212 checked, Seller will pay the assessment in full before or at the time of closing. Public body does not include a 213 Homeowners' or Condominium Association. 214 (e) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 215 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO 216 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY 217 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN 218 HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT 219 THE COUNTY PROPERTY APPRAISER'S OFFICE FOR FURTHER INFORMATION. Buyer ( ) ( ) and Seller ( ) ( ) acknowledge receipt of a copy of this page, which is 4 of 7 pages. VAC -11 Rev 6117 ©2017 Florida Realtors' Serial #: 023115. 800152. 3895485 I', . 1 -• . 220 (f) Foreign Investment in Real Property Tax Act ( "FIRPTA "): If Seller is a "foreign person" as defined by 221 FIRPTA, Seller and Buyer will comply with FIRPTA, which may require Seller to provide additional cash at 222 closing. 223 (g) 1031 Exchange: If either Seller or Buyer wish to enter into a like -kind exchange (either simultaneously with 224 closing or after) under Section 1031 of the Internal Revenue Code ( "Exchange "), the other party will 225 cooperate in all reasonable respects to effectuate the Exchange including executing documents, provided, 226 however, that the cooperating party will incur no liability or cost related to the Exchange and that the closing 227 will not be contingent upon, extended, or delayed by the Exchange. 228 10. Computation of Time: Calendar days will be used when computing time periods, except time periods of 5 days 229 or less. Time periods of 5 days or less will be computed without including Saturday, Sunday, or national legal 230 holidays specified in 5 U.S.C. 6103(a). Any time period ending on a Saturday, Sunday, or national legal holiday 231 will extend until 5:00 p.m. (where the Property is located) of the next business day. Time is of the essence in 232 this contract. 233 11. Risk of Loss; Eminent Domain: If any portion of the Property is materially damaged by casualty before closing 234 or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain 235 proceedings or an eminent domain proceeding is initiated, Seller will promptly inform Buyer. Either party may 236 terminate this contract by written notice to the other within 10 days after Buyer's receipt of Seller's notification, 237 and Buyer's deposit(s) will be returned, failing which Buyer will close in accordance with this contract and 238 receive all payments made by the governmental authority or insurance company, if any. 239 12. Force Majeure: Seller or Buyer will not be required to perform any obligation under this contract or be liable to 240 each other for damages so long as the performance or non - performance of the obligation is delayed, caused, or 241 prevented by an act of God or force majeure. An "act of God or "force majeure" is defined as hurricanes, 242 earthquakes, floods, fire, unusual transportation delays, wars, insurrections, and any other cause not reasonably 243 within the control of Seller or Buyer and which by the exercise of due diligence the non - performing party is 244 unable in whole or in part to prevent or overcome. All time periods, including Closing Date, will be extended for 245 the period that the act of God or force majeure is in place. However, in the event that such act of God or force 246 majeure event continues beyond 30 days, either party may terminate this contract by delivering written notice to 247 the other; and Buyer's deposit(s) will be returned. 248 13. Notices: All notices will be in writing and delivered to the parties and Broker by mail, personal delivery, or 249 electronic means. Buyer's failure to timely deliver written notice to Seller, when such notice is required by 250 this contract, regarding any contingency will render that contingency null and void, and this contract will 251 be construed as if the contingency did not exist. Any notice, document, or item delivered to or received 252 by an attorney or licensee (including a transactions broker) representing a party will be as effective as if 253 delivered to or received by that party. 254 14. Complete Agreement; Persons Bound: This contract is the entire agreement between Seller and Buyer. 255 Except for brokerage agreements, no prior or present agreements will bind Seller, Buyer, or Broker 256 unless incorporated into this contract. Modifications of this contract will not be binding unless in writing, signed 257 or initialed, and delivered by the party to be bound. Electronic signatures will be acceptable and binding. This 258 contract, signatures, initials, documents referenced in this contract, counterparts, and written modifications 259 communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be 260 binding. Handwritten or typewritten terms inserted in or attached to this contract prevail over preprinted terms. If 261 any provision of this contract is or becomes invalid or unenforceable, all remaining provisions will continue to be 262 fully effective. Seller and Buyer will use diligence and good faith in performing all obligations under this contract. 263 This contract will not be recorded in any public record. The terms "Seller," "Buyer," and "Broker" may be singular 264 or plural. This contract is binding on the heirs, administrators, executors, personal representatives, and assigns, if 265 permitted, of Seller, Buyer, and Broker. 266 15. Default and Dispute Resolution: This contract will be construed under Florida law. This Paragraph will survive 267 closing or termination of this contract. 268 (a) Seller Default: If Seller fails, neglects, or refuses to perform Seller's obligations under this contract, Buyer 269 may elect to receive a return of Buyer's deposit(s) without thereby waiving any action for damages resulting 270 from Seller's breach and may seek to recover such damages or seek specific performance. Seller will also 271 be liable for the full amount of the brokerage fee. Buyer ( ) ( ) and Seller acknowledge receipt of a copy of this page, which is 5 of 7 pages. VAC -11 Rev 6/17 Oc2017 Florida Realtors' Seri alit: 023115.800152.3895485 t ltll lit Jti.i �) 272 (b) Buyer Default: If Buyer fails, neglects, or refuses to perform Buyer's obligations under this contract, 273 including payment of deposit(s), within the time(s) specified, Seller may elect to recover and retain the 274 deposit(s), paid and agreed to be paid, for the account of Seller as agreed upon liquidated damages, 275 consideration for execution of this contract, and in full settlement of any claims, whereupon Seller and Buyer 276 will be relieved from all further obligations under this contract; or Seller, at Seller's option, may proceed in 277 equity to enforce Seller's rights under this contract. 278 16. Attorney's Fees; Costs: In any litigation permitted by this Contract, the prevailing party shall be entitled to 279 recover from the non - prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting 280 the litigation. This Paragraph 16 shall survive Closing or termination of this Contract. 281 17. Escrow Agent; Closing Agent: Seller and Buyer authorize Escrow Agent and closing agent (collectively 282 "Agent ") to receive, deposit, and hold funds and other items in escrow and, subject to Collection, disburse them 283 upon proper authorization and in accordance with Florida law and the terms of this contract, including disbursing 284 brokerage fees. "Collection" or "Collected" means any checks tendered or received have become actually and 285 finally collected and deposited in the account of Agent. The parties agree that Agent will not be liable to any 286 person for misdelivery of escrowed items to Seller or Buyer, unless the misdelivery is due to Agent's willful 287 breach of this contract or gross negligence. If Agent interpleads the subject matter of the escrow, Agent will pay 288 the filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the 289 escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. 290 18. Professional Advice; Broker Liability: Broker advises Seller and Buyer to verify all facts and representations 291 that are important to them and to consult an appropriate professional for legal advice (for example, interpreting 292 this contract, determining the effect of laws on the Property and this transaction, status of title, foreign investor 293 reporting requirements, the effect of property lying partially or totally seaward of the CCCL, etc.) and for tax, 294 property condition, environmental, and other specialized advice. Buyer acknowledges that Broker does not reside 295 in the Property and that all representations (oral, written, or otherwise) by Broker are based on Seller 296 representations or public records. Buyer agrees to rely solely on Seller, professional inspectors, and 297 government agencies for verification of the Property condition and facts that materially affect Property 298 value. Seller and Buyer respectively will pay all costs and expenses, including reasonable attorneys' fees at all 299 levels, incurred by Broker and Broker's officers, directors, agents, and employees in connection with or arising 300 from Seller's or Buyer's misstatement or failure to perform contractual obligations. Seller and Buyer hold 301 harmless and release Broker and Broker's officers, directors, agents, and employees from all liability for loss or 302 damage based on (i) Seller's or Buyer's misstatement or failure to perform contractual obligations; (ii) the use or 303 display of listing data by third parties, including, but not limited to, photographs, images, graphics, video 304 recordings, virtual tours, drawings, written descriptions, and remarks related to the Property; (iii) Broker's 305 performance, at Seller's or Buyer's request, of any task beyond the scope of services regulated by Chapter 475, 306 Florida Statutes, as amended, including Broker's referral, recommendation, or retention of any vendor; (iv) 307 products or services provided by any vendor; and (v) expenses incurred by any vendor. Seller and Buyer each 308 assume full responsibility for selecting and compensating their respective vendors. This Paragraph will not relieve 309 Broker of statutory obligations. For purposes of this Paragraph, Broker will be treated as a party to this contract. 310 This Paragraph will survive closing. 311 19. Commercial Real Estate Sales Commission Lien Act: If the Property is commercial real estate as defined by 312 Section 475.701, Florida Statutes, the following disclosure will apply: The Florida Commercial Real Estate Sales 313 Commission Lien Act provides that when a broker has earned a commission by performing licensed services 314 under a brokerage agreement with you, the broker may claim a lien against your net sales proceeds for the 315 broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned. 316 20. Brokers: The brokers named below are collectively referred to as "Broker." Instruction to closing agent: 317 Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in 318 separate brokerage agreements with the parties and cooperative agreements between the Brokers, except to the 319 extent Broker has retained such fees from the escrowed funds. This Paragraph will not be used to modify any 320 MLS or other offer of compensation made by Seller or Seller's Broker to Buyer's Broker. 321- (a) NONE (Seller's Broker) 322- will be compensated by ❑Seller ❑ Buyer ❑ both parties pursuant to ❑a listing agreement ❑other 323- (specify): 324- (b) NONE (Buyer's Broker) 325- will be compensated by ❑Seller ❑ Buyer ❑ both parties ❑ Seller's Broker pursuant to ❑ a MLS offer of 326- compensation ❑ other (specify): Buyer () () and Seller acknowledge receipt of a copy of this page, which is 6 of 7 pages. VAC -11 Rev 6/17 02017 Florida Realtors-' Sedal #: 023115. 800152. 3895485 �' 1 I �' 327• 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 21. Additional Terms: Closing shall occur on the date which is fifteen (15) days following the Effective Date. year s rurtner condition to lease snail be that feller /Lessee agree to construct on site at its own expense one unit ot resi en k h ousing to be su tantia y completed and ready for occupancy not later — Tait an 180 days following lease commencement unless said date is extended by mutual agreement of the parties. Seller's obligations under this Section 21, Additional Terms shall survive closing. COUNTER- OFFER/REJECTION 344 ❑ Seller counters Buyer's offer (to accept the counter -offer, Buyer must sign or initial the counter - offered terms and 345 deliver a copy of the acceptance to Seller). 346• ❑ Seller rejects Buyer's offer 347 This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney before 348 signing. 349• Buyer: Date: 350• Print name: 351= Buyer: Date: 352• Print name: 353 Buyer's address for purpose of notice: 354- Address: 355- Phone: Fax: Email: 356- 357* 358• 359• 360 361• 362- 363- 364 Seller: Print name: Seller: Print name: Seller's address for purpose of notice: Address: Phone: Fax: Email: Effective Date: (The date on which the last party signed or initialed and delivered the final offer or counter offer.) Florida REALTORS' makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as REALTOR'. REALTOR' is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS' and who subscribe to its Code of Ethics. The copyright laws of United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. Date: Date: Buyer ( ) ( ) and Seller acknowledge receipt of a copy of this page, which is 7 of 7 pages. VAC -11 Rev 6/17 ©2017 Florida Realtors-' Serial #:023115. 800152. 3895485 1101'! ' Vacant Land Contract Florida Realtors- 1. 1. Sale and Purchase: FLORIDA KEYS COMMUNITY LAND TRUST INC. ( "Seller ") 2- and MONROE COUNTY, Florida, a political subdivision ( "Buyer ") 3 (the "parties ") agree to sell and buy on the terms and conditions specified below the property ( "Property ") 4 described as: 5- Address: 31319 Avenue D, Big Pine Key, FL 33043 6- Legal Description: BK 31 LT 1 SANDS SUB PB -165 BIG PINE KEY OR452 -854 OR813- 432AMD /ORD 7 OR2887- 2251 -53 9 10 11- SEC _ /TWP _ /RNG _ of County, Florida. Real Property ID No.: 00304020-000000 12- including all improvements existing on the Property and the following additional property: 13 14- 2. Purchase Price: (U.S. currency) :................................................................ ............................... $ 99,999.99 15 All deposits will be made payable to "Escrow Agent" named below and held in escrow by: 16- Escrow Agent's Name: Smith Hawks, PL 17- Escrow Agent's Contact Person: Bryan Hawks 18- Escrow Agent's Address: 138 Simonton Street 19- Escrow Agent's Phone: (305) 296 -7227 20- Escrow Agent's Email: bryan @smith hawks. com 21 (a) Initial deposit ($0 if left blank) (Check if applicable) 22- ❑ accompanies offer 23- ❑ will be delivered to Escrow Agent within days (3 days if left blank) 24 after Effective Date ................................................................................. ............................... $ 0.00 25 (b) Additional deposit will be delivered to Escrow Agent (Check if applicable) 26- ❑ within days (10 days if left blank) after Effective Date 27- ❑ within days (3 days if left blank) after expiration of Feasibility Study Period ....... $ 28- (c) Total Financing (see Paragraph 5) (express as a dollar amount or percentage) .................. 29- (d) Other: ............ $ 30 (e) Balance to close (not including Buyer's closing costs, prepaid items, and prorations) 31- to be paid at closing by wire transfer or other Collected funds .............. ............................... $ 99 32- (f) ❑ (Complete only if purchase price will be determined based on a per unit cost instead of a fixed price.) The 33- unit used to determine the purchase price is ❑ lot ❑ acre ❑ square foot ❑ other (specify): 34- prorating areas of less than a full unit. The purchase price will be $ per unit based on a 35 calculation of total area of the Property as certified to Seller and Buyer by a Florida licensed surveyor in 36 accordance with Paragraph 7(c). The following rights of way and other areas will be excluded from the 37- calculation: 38 3. Time for Acceptance; Effective Date: Unless this offer is signed by Seller and Buyer and an executed copy 39- delivered to all parties on or before , this offer will be withdrawn and Buyer's deposit, if 40 any, will be returned. The time for acceptance of any counter offer will be 3 days after the date the counter offer is 41 delivered. The "Effective Date" of this contract is the date on which the last one of the Seller and Buyer 42 has signed or initialed and delivered this offer or the final counter offer. 43- 4. Closing Date: This transaction will close on see Additional Terms ( "Closing Date "), unless specifically 44 extended by other provisions of this contract. The Closing Date will prevail over all other time periods including, 45 but not limited to, Financing and Feasibility Study periods. However, if the Closing Date occurs on a Saturday, 46 Sunday, or national legal holiday, it will extend to 5:00 p.m. (where the Property is located) of the next business 47 day. In the event insurance underwriting is suspended on Closing Date and Buyer is unable to obtain property 48 insurance, Buyer may postpone closing for up to 5 days after the insurance underwriting suspension is lifted. If 49 this transaction does not close for any reason, Buyer will immediately return all Seller provided documents and 50 other items. Buyer () ( ) and Seller () ( ) acknowledge receipt of a copy of this page, which is 1 of 7 pages. VAC -11 Rev 6/17 ©2017 Florida Realtors` Serial #: 005582- 900152 - 3894335 51 5. Financing: (Check as applicable) 52- (a) 0 Buyer will pay cash for the Property with no financing contingency. 53- (b) ❑ This contract is contingent on Buyer qualifying for and obtaining the commitment(s) or approval(s) 54- specified below ( "Financing ") within days after Effective Date (Closing Date or 30 days after Effective 55- Date, whichever occurs first, if left blank) ( "Financing Period "). Buyer will apply for Financing within 56 days after Effective Date (5 days if left blank) and will timely provide any and all credit, employment, financial, 57 and other information required by the lender. If Buyer, after using diligence and good faith, cannot obtain the 58 Financing within the Financing Period, either party may terminate this contract and Buyer's deposit(s) will be 59 returned. 60- (1) ❑ New Financing: Buyer will secure a commitment for new third party financing for $ 61- or % of the purchase price at (Check one) ❑ a fixed rate not exceeding % Elan 62- adjustable interest rate not exceeding % at origination (a fixed rate at the prevailing interest rate 63 based on Buyer's creditworthiness if neither choice is selected). Buyer will keep Seller and Broker fully 64 informed of the loan application status and progress and authorizes the lender or mortgage broker to 65 disclose all such information to Seller and Broker. 66- (2) ❑ Seller Financing: Buyer will execute a ❑ first ❑ second purchase money note and mortgage to 67- Seller in the amount of $ bearing annual interest at % and payable as 68- follows: 69 The mortgage, note, and any security agreement will be in a form acceptable to Seller and will follow 70 forms generally accepted in the county where the Property is located; will provide for a late payment fee 71 and acceleration at the mortgagee's option if Buyer defaults; will give Buyer the right to prepay without 72 penalty all or part of the principal at any time(s) with interest only to date of payment; will be due on 73 conveyance or sale; will provide for release of contiguous parcels, if applicable; and will require Buyer to 74 keep liability insurance on the Property, with Seller as additional named insured. Buyer authorizes Seller 75 to obtain credit, employment, and other necessary information to determine creditworthiness for the 76 financing. Seller will, within 10 days after Effective Date, give Buyer written notice of whether or not 77 Seller will make the loan. 78- (3) ❑ Mortgage Assumption: Buyer will take title subject to and assume and pay existing first mortgage to 79- 80- LN# in the approximate amount of $ currently payable at 81- $ per month, including principal, interest, ❑ taxes and insurance, and having a 82- ❑ fixed ❑ other (describe) 83- interest rate of % which ❑ will ❑ will not escalate upon assumption. Any variance in the 84 mortgage will be adjusted in the balance due at closing with no adjustment to purchase price. Buyer will 85- purchase Seller's escrow account dollar for dollar. If the interest rate upon transfer exceeds % or 86- the assumption /transfer fee exceeds $ , either party may elect to pay the excess, 87 failing which this contract will terminate; and Buyer's deposit(s) will be returned. If the lender disapproves 88 Buyer, this contract will terminate; and Buyer's deposit(s) will be returned. 89- 6. Assignability: (Check one) Buyer ❑ may assign and thereby be released from any further liability under this 90- contract, ❑ may assign but not be released from liability under this contract, or ❑ may not assign this contract. 91- 7. Title: Seller has the legal capacity to and will convey marketable title to the Property by ❑ statutory warranty 92- deed ❑ special warranty deed ❑ other (specify) , free of liens, easements, 93 and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, 94 restrictions, and public utility easements of record; existing zoning and governmental regulations; and (list any 95- other matters to which title will be subject) 96 provided there exists at closing no violation of the foregoing. 97 (a) Title Evidence: The party who pays for the owner's title insurance policy will select the closing agent and 98 pay for the title search, including tax and lien search if performed, and all other fees charged by closing agent. 99 Seller will deliver to Buyer, at too- (Check one) 0 Seller's ❑ Buyer's expense and tot- (Check one) X within X 3 days after Effective Date ❑ at least days before Closing Date, 102 (Check one) 103- (1) 0 a title insurance commitment by a Florida licensed title insurer setting forth those matters to be 104 discharged by Seller at or before closing and, upon Buyer recording the deed, an owner's policy in the 105 amount of the purchase price for fee simple title subject only to the exceptions stated above. If Buyer is 106 paying for the owner's title insurance policy and Seller has an owner's policy, Seller will deliver a copy to 107 Buyer within 15 days after Effective Date. Buyer () ( ) and Seller acknowledge receipt of a copy of this page, which is 2 of 7 pages. VAC -11 Rev 6/17 02017 Florida Realtors' Serial #: 005582. 900152.3894335 108- (2) ❑ an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an 109 existing firm. However, if such an abstract is not available to Seller, then a prior owner's title policy 110 acceptable to the proposed insurer as a base for reissuance of coverage may be used. The prior policy 111 will include copies of all policy exceptions and an update in a format acceptable to Buyer from the policy 112 effective date and certified to Buyer or Buyer's closing agent together with copies of all documents 113 recited in the prior policy and in the update. If such an abstract or prior policy is not available to Seller, 114 then (1) above will be the title evidence. 115- (b) Title Examination: After receipt of the title evidence, Buyer will, within 2 days (10 days if left blank) 116 but no later than Closing Date, deliver written notice to Seller of title defects. Title will be deemed acceptable 117 to Buyer if (i) Buyer fails to deliver proper notice of defects or (ii) Buyer delivers proper written notice and 118- Seller cures the defects within 10 days (30 days if left blank) ( "Cure Period ") after receipt of the notice. If 119 the defects are cured within the Cure Period, closing will occur within 10 days after receipt by Buyer of notice 120 of such cure. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be cured 121 within the Cure Period. If the defects are not cured within the Cure Period, Buyer will have 10 days after 122 receipt of notice of Seller's inability to cure the defects to elect whether to terminate this contract or accept 123 title subject to existing defects and close the transaction without reduction in purchase price. 124 (c) Survey: Buyer may, at Buyer's expense, have the Property surveyed and must deliver written notice to 125 Seller, within 5 days after receiving survey but not later than 5 days before Closing Date, of any 126 encroachments on the Property, encroachments by the Property's improvements on other lands, or deed 127 restriction or zoning violations. Any such encroachment or violation will be treated in the same manner as a 128 title defect and Seller's and Buyer's obligations will be determined in accordance with Paragraph 7(b). 129 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. 130 8. Property Condition: Seller will deliver the Property to Buyer at closing in its present "as is" condition, with 131 conditions resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will not engage in or 132 permit any activity that would materially alter the Property's condition without the Buyer's prior written consent. 133 (a) Inspections: (Check (1) or (2)) 134- (1) ❑ Feasibility Study: Buyer will, at Buyer's expense and within days (30 days if left blank) 135 ( " Feasibility Study Period ") after Effective Date and in Buyer's sole and absolute discretion, determine 136 whether the Property is suitable for Buyer's intended use. During the Feasibility Study Period, Buyer 137 may conduct a Phase 1 environmental assessment and any other tests, analyses, surveys, and 138 investigations ( "Inspections ") that Buyer deems necessary to determine to Buyer's satisfaction the 139 Property's engineering, architectural, and environmental properties; zoning and zoning restrictions; 140 subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities; 141 consistency with local, state, and regional growth management plans; availability of permits, government 142 approvals, and licenses; and other inspections that Buyer deems appropriate. If the Property must be 143 rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all 144 documents Buyer is required to file in connection with development or rezoning approvals. Seller gives 145 Buyer, its agents, contractors, and assigns, the right to enter the Property at any time during the 146 Feasibility Study Period for the purpose of conducting Inspections, provided, however, that Buyer, its 147 agents, contractors, and assigns enter the Property and conduct Inspections at their own risk. Buyer will 148 indemnify and hold Seller harmless from losses, damages, costs, claims, and expenses of any nature, 149 including attorneys' fees, expenses, and liability incurred in application for rezoning or related 150 proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any 151 work authorized by Buyer. Buyer will not engage in any activity that could result in a construction lien 152 being filed against the Property without Seller's prior written consent. If this transaction does not close, 153 Buyer will, at Buyer's expense, (i) repair all damages to the Property resulting from the Inspections and 154 return the Property to the condition it was in before conducting the Inspections and (ii) release to Seller 155 all reports and other work generated as a result of the Inspections. 156 Before expiration of the Feasibility Study Period, Buyer must deliver written notice to Seller of Buyer's 157 determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice 158 requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" 159 condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to 160 Seller, this contract will be deemed terminated, and Buyer's deposit(s) will be returned. 161- (2) ❑x No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, including 162 being satisfied that either public sewerage and water are available to the Property or the Property will be 163 approved for the installation of a well and /or private sewerage disposal system and that existing zoning Buyer ( ( ) and Seller ( ) ( ) acknowledge receipt of a copy of this page, which is 3 of 7 pages. VAC -11 Rev 6117 02017 Florida Realtors= Seri alg: 005582- 900152- 3894335 164 and other pertinent regulations and restrictions, such as subdivision or deed restrictions, concurrency, 165 growth management, and environmental conditions, are acceptable to Buyer. This contract is not 166 contingent on Buyer conducting any further investigations. 167 (b) Government Regulations: Changes in government regulations and levels of service which affect Buyer's 168 intended use of the Property will not be grounds for terminating this contract if the Feasibility Study Period has 169 expired or if Paragraph 8(a)(2) is selected. 170 (c) Flood Zone: Buyer is advised to verify by survey, with the lender, and with appropriate government 171 agencies which flood zone the Property is in, whether flood insurance is required, and what restrictions apply 172 to improving the Property and rebuilding in the event of casualty. 173 (d) Coastal Construction Control Line ( "CCCL "): If any part of the Property lies seaward of the CCCL as 174 defined in Section 161.053, Florida Statutes, Seller will provide Buyer with an affidavit or survey as required 175 by law delineating the line's location on the Property, unless Buyer waives this requirement in writing. The 176 Property being purchased may be subject to coastal erosion and to federal, state, or local regulations that 177 govern coastal property, including delineation of the CCCL, rigid coastal protection structures, beach 178 nourishment, and the protection of marine turtles. Additional information can be obtained from the Florida 179 Department of Environmental Protection, including whether there are significant erosion conditions associated 180 with the shore line of the Property being purchased. 181- X Buyer waives the right to receive a CCCL affidavit or survey. 182 9. Closing Procedure; Costs: Closing will take place in the county where the Property is located and may be 183 conducted by mail or electronic means. If title insurance insures Buyer for title defects arising between the title 184 binder effective date and recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds 185 to Seller (in local cashier's check if Seller requests in writing at least 5 days before closing) and brokerage fees to 186 Broker as per Paragraph 19. In addition to other expenses provided in this contract, Seller and Buyer will pay the 187 costs indicated below. 188 (a) Seller Costs: 189 Taxes on deed 190 Recording fees for documents needed to cure title 191 Title evidence (if applicable under Paragraph 7) 192• Other: 193 (b) Buyer Costs: 194 Taxes and recording fees on notes and mortgages 195 Recording fees on the deed and financing statements 196 Loan expenses 197 Title evidence (if applicable under Paragraph 7) 198 Lender's title policy at the simultaneous issue rate 199 Inspections 200 Survey 201 Insurance 202• Other: 203 (c) Prorations: The following items will be made current and prorated as of the day before Closing Date: real 204 estate taxes (including special benefit tax liens imposed by a CDD), interest, bonds, assessments, leases, 205 and other Property expenses and revenues. If taxes and assessments for the current year cannot be 206 determined, the previous year's rates will be used with adjustment for any exemptions. 207 (d) Special Assessment by Public Body: Regarding special assessments imposed by a public body, Seller 208 will pay (i) the full amount of liens that are certified, confirmed, and ratified before closing and (ii) the amount 209 of the last estimate of the assessment if an improvement is substantially completed as of Effective Date but 210 has not resulted in a lien before closing; and Buyer will pay all other amounts. If special assessments may be 211• paid in installments, ❑ Seller ❑ Buyer (Buyer if left blank) will pay installments due after closing. If Seller is 212 checked, Seller will pay the assessment in full before or at the time of closing. Public body does not include a 213 Homeowners' or Condominium Association. 214 (e) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 215 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO 216 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY 217 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN 218 HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT 219 THE COUNTY PROPERTY APPRAISER'S OFFICE FOR FURTHER INFORMATION. Buyer ( ) ( ) and Seller (__J L__) acknowledge receipt of a copy of this page, which is 4 of 7 pages. VAC -11 Rev 6/17 ©2017 Florida Realtors' 220 (f) Foreign Investment in Real Property Tax Act ( "FIRPTA "): If Seller is a "foreign person" as defined by 221 FIRPTA, Seller and Buyer will comply with FIRPTA, which may require Seller to provide additional cash at 222 closing. 223 (g) 1031 Exchange: If either Seller or Buyer wish to enter into a like -kind exchange (either simultaneously with 224 closing or after) under Section 1031 of the Internal Revenue Code ( "Exchange "), the other party will 225 cooperate in all reasonable respects to effectuate the Exchange including executing documents, provided, 226 however, that the cooperating party will incur no liability or cost related to the Exchange and that the closing 227 will not be contingent upon, extended, or delayed by the Exchange. 228 10. Computation of Time: Calendar days will be used when computing time periods, except time periods of 5 days 229 or less. Time periods of 5 days or less will be computed without including Saturday, Sunday, or national legal 230 holidays specified in 5 U.S.C. 6103(a). Any time period ending on a Saturday, Sunday, or national legal holiday 231 will extend until 5:00 p.m. (where the Property is located) of the next business day. Time is of the essence in 232 this contract. 233 11. Risk of Loss; Eminent Domain: If any portion of the Property is materially damaged by casualty before closing 234 or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain 235 proceedings or an eminent domain proceeding is initiated, Seller will promptly inform Buyer. Either party may 236 terminate this contract by written notice to the other within 10 days after Buyer's receipt of Seller's notification, 237 and Buyer's deposit(s) will be returned, failing which Buyer will close in accordance with this contract and 238 receive all payments made by the governmental authority or insurance company, if any. 239 12. Force Majeure: Seller or Buyer will not be required to perform any obligation under this contract or be liable to 240 each other for damages so long as the performance or non - performance of the obligation is delayed, caused, or 241 prevented by an act of God or force majeure. An "act of God or "force majeure" is defined as hurricanes, 242 earthquakes, floods, fire, unusual transportation delays, wars, insurrections, and any other cause not reasonably 243 within the control of Seller or Buyer and which by the exercise of due diligence the non - performing party is 244 unable in whole or in part to prevent or overcome. All time periods, including Closing Date, will be extended for 245 the period that the act of God or force majeure is in place. However, in the event that such act of God or force 246 majeure event continues beyond 30 days, either party may terminate this contract by delivering written notice to 247 the other; and Buyer's deposit(s) will be returned. 248 13. Notices: All notices will be in writing and delivered to the parties and Broker by mail, personal delivery, or 249 electronic means. Buyer's failure to timely deliver written notice to Seller, when such notice is required by 250 this contract, regarding any contingency will render that contingency null and void, and this contract will 251 be construed as if the contingency did not exist. Any notice, document, or item delivered to or received 252 by an attorney or licensee (including a transactions broker) representing a party will be as effective as if 253 delivered to or received by that party. 254 14. Complete Agreement; Persons Bound: This contract is the entire agreement between Seller and Buyer. 255 Except for brokerage agreements, no prior or present agreements will bind Seller, Buyer, or Broker 256 unless incorporated into this contract. Modifications of this contract will not be binding unless in writing, signed 257 or initialed, and delivered by the party to be bound. Electronic signatures will be acceptable and binding. This 258 contract, signatures, initials, documents referenced in this contract, counterparts, and written modifications 259 communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be 260 binding. Handwritten or typewritten terms inserted in or attached to this contract prevail over preprinted terms. If 261 any provision of this contract is or becomes invalid or unenforceable, all remaining provisions will continue to be 262 fully effective. Seller and Buyer will use diligence and good faith in performing all obligations under this contract. 263 This contract will not be recorded in any public record. The terms "Seller," "Buyer," and "Broker" may be singular 264 or plural. This contract is binding on the heirs, administrators, executors, personal representatives, and assigns, if 265 permitted, of Seller, Buyer, and Broker. 266 15. Default and Dispute Resolution: This contract will be construed under Florida law. This Paragraph will survive 267 closing or termination of this contract. 268 (a) Seller Default: If Seller fails, neglects, or refuses to perform Seller's obligations under this contract, Buyer 269 may elect to receive a return of Buyer's deposit(s) without thereby waiving any action for damages resulting 270 from Seller's breach and may seek to recover such damages or seek specific performance. Seller will also 271 be liable for the full amount of the brokerage fee. Buyer ( ) ( ) and Seller acknowledge receipt of a copy of this page, which is 5 of 7 pages. VAC -11 Rev 6/17 @2017 Florida Realtors Serial #:005582. 900152. 3894335 ' 272 (b) Buyer Default: If Buyer fails, neglects, or refuses to perform Buyer's obligations under this contract, 273 including payment of deposit(s), within the time(s) specified, Seller may elect to recover and retain the 274 deposit(s), paid and agreed to be paid, for the account of Seller as agreed upon liquidated damages, 275 consideration for execution of this contract, and in full settlement of any claims, whereupon Seller and Buyer 276 will be relieved from all further obligations under this contract; or Seller, at Seller's option, may proceed in 277 equity to enforce Seller's rights under this contract. 278 16. Attorney's Fees; Costs: In any litigation permitted by this Contract, the prevailing party shall be entitled to 279 recover from the non - prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting 280 the litigation. This Paragraph 16 shall survive Closing or termination of this Contract. 281 17. Escrow Agent; Closing Agent: Seller and Buyer authorize Escrow Agent and closing agent (collectively 282 "Agent ") to receive, deposit, and hold funds and other items in escrow and, subject to Collection, disburse them 283 upon proper authorization and in accordance with Florida law and the terms of this contract, including disbursing 284 brokerage fees. "Collection" or "Collected" means any checks tendered or received have become actually and 285 finally collected and deposited in the account of Agent. The parties agree that Agent will not be liable to any 286 person for misdelivery of escrowed items to Seller or Buyer, unless the misdelivery is due to Agent's willful 287 breach of this contract or gross negligence. If Agent interpleads the subject matter of the escrow, Agent will pay gas the filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the 289 escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. 290 18. Professional Advice; Broker Liability: Broker advises Seller and Buyer to verify all facts and representations 291 that are important to them and to consult an appropriate professional for legal advice (for example, interpreting 292 this contract, determining the effect of laws on the Property and this transaction, status of title, foreign investor 293 reporting requirements, the effect of property lying partially or totally seaward of the CCCL, etc.) and for tax, 294 property condition, environmental, and other specialized advice. Buyer acknowledges that Broker does not reside 295 in the Property and that all representations (oral, written, or otherwise) by Broker are based on Seller 296 representations or public records. Buyer agrees to rely solely on Seller, professional inspectors, and 297 government agencies for verification of the Property condition and facts that materially affect Property 298 value. Seller and Buyer respectively will pay all costs and expenses, including reasonable attorneys' fees at all 299 levels, incurred by Broker and Broker's officers, directors, agents, and employees in connection with or arising 300 from Seller's or Buyer's misstatement or failure to perform contractual obligations. Seller and Buyer hold 301 harmless and release Broker and Broker's officers, directors, agents, and employees from all liability for loss or 302 damage based on (i) Seller's or Buyer's misstatement or failure to perform contractual obligations; (ii) the use or 303 display of listing data by third parties, including, but not limited to, photographs, images, graphics, video 304 recordings, virtual tours, drawings, written descriptions, and remarks related to the Property; (iii) Broker's 305 performance, at Seller's or Buyer's request, of any task beyond the scope of services regulated by Chapter 475, 306 Florida Statutes, as amended, including Broker's referral, recommendation, or retention of any vendor; (iv) 307 products or services provided by any vendor; and (v) expenses incurred by any vendor. Seller and Buyer each 308 assume full responsibility for selecting and compensating their respective vendors. This Paragraph will not relieve 309 Broker of statutory obligations. For purposes of this Paragraph, Broker will be treated as a party to this contract. 310 This Paragraph will survive closing. 311 19. Commercial Real Estate Sales Commission Lien Act: If the Property is commercial real estate as defined by 312 Section 475.701, Florida Statutes, the following disclosure will apply: The Florida Commercial Real Estate Sales 313 Commission Lien Act provides that when a broker has earned a commission by performing licensed services 314 under a brokerage agreement with you, the broker may claim a lien against your net sales proceeds for the 315 broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned. 316 20. Brokers: The brokers named below are collectively referred to as "Broker." Instruction to closing agent: 317 Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in 318 separate brokerage agreements with the parties and cooperative agreements between the Brokers, except to the 319 extent Broker has retained such fees from the escrowed funds. This Paragraph will not be used to modify any 320 MLS or other offer of compensation made by Seller or Seller's Broker to Buyer's Broker. 321- (a) NONE (Seller's Broker) 322- will be compensated by ❑ Seller ❑ Buyer ❑ both parties pursuant to ❑ a listing agreement ❑ other 323- (specify): 324- (b) NONE (Buyer's Broker) 325- will be compensated by ❑ Seller ❑ Buyer ❑ both parties ❑ Seller's Broker pursuant to ❑ a MLS offer of 326- compensation ❑ other (specify): Buyer ( ) ( ) and Seller ( ) ( ) acknowledge receipt of a copy of this page, which is 6 of 7 pages. VAC -11 Rev 6/17 02017 Florida Realtors Serial* 005582. 900152. 3894335 ` i0 I'll YIQ5II?�' 1'1 " 327- 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344" 345 346' 347 348 349- 350• 351- 352• 353 354• 355- 356• 357• 358- 359• 360 361 - 362- 363• 364 21. Additional Terms: Closing shall occur on the date which is fifteen (15) days following the Effective Date. A t Cl osina. th Da rt leS shall enter Into a 99 vear l and l ease. W ere v th P roDertv shall a l eased t0 S eller f or a unless said date is extended by mutual agreement of the parties. Seller's obligations lj nder this Section 71. Additional Terms shall survive closing. COUNTER- OFFERMEJECTION ❑ Seller counters Buyer's offer (to accept the counter -offer, Buyer must sign or initial the counter - offered terms and deliver a copy of the acceptance to Seller). ❑ Seller rejects Buyer's offer This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney before signing. Buyer: Date: Print name: Buyer: Date: Print name: Buyer's address for purpose of notice: Address: Phone: Fax: Email: Seller: Print name: Seller: Print name: Seller's address for purpose of notice: Address: Date: Date: Phone: Fax: Email: Effective Date: (The date on which the last party signed or initialed and delivered the final offer or counter offer.) Florida REALTORS makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as REALTOR'. REALTOR is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS' and who subscribe to its Code of Ethics. The copyright laws of United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. Buyer ( ) ( ) and Seller ( ) () acknowledge receipt of a copy of this page, which is 7 of 7 pages. VAC -11 Rev 6117 0c2017 Florida Realtors- S eria I #: 005582. 900152. 3894335 It�rn)Si1 ),�l��:ic- Purther condition to lease shiafl be that Setteritessee agree to construct on site at its own expense one unit of resident! I Vacant Land Contract da, Florida Realtors- 1. 1. Sale and Purchase: FLORIDA KEYS COMMUNITY LAND TRUST INC. ( "Seller ") 2- and MONROE COUNTY, Florida, a political subdivision ( "Buyer ") 3 (the "parties ") agree to sell and buy on the terms and conditions specified below the property ( "Property ") 4 described as: 5- Address: 31438 Avenue E, Big Pine Key, FL 33043 6- Legal Description: BK 32 LT 15 SANDS SUB PB1 -65 BIG PINE KEY OR498 -510 OR659 -164 OR1282- 1AFF /DC 7 OR1282 -2 /3 OR1507 -1358 OR2829- 1256/57 OR2886- 1138/39 10 11- SEC _/TWP _ /RNG _ of County, Florida. Real Property ID No.: 00304320 - 000000 12- including all improvements existing on the Property and the following additional property: 13 14- 2. Purchase Price: (U.S. currency) ................................................................. ............................... $ 99,999.00 15 All deposits will be made payable to "Escrow Agent" named below and held in escrow by: 1s- Escrow Agent's Name: Smith Hawks, PL 17- Escrow Agent's Contact Person: Bryan Hawks 18- Escrow Agent's Address: 138 Simonton Street 19- Escrow Agent's Phone: (305) 296 -7227 20- Escrow Agent's Email: bryan@smithhawks.com 21 (a) Initial deposit ($0 if left blank) (Check if applicable) 22- ❑ accompanies offer 23- ❑ will be delivered to Escrow Agent within days (3 days if left blank) 24 - after Effective Date ................................................................................. ............................... $ 0.00 25 (b) Additional deposit will be delivered to Escrow Agent (Check if applicable) 26- ❑ within days (10 days if left blank) after Effective Date 27- ❑ within days (3 days if left blank) after expiration of Feasibility Study Period ....... $ 28- (c) Total Financing (see Paragraph 5) (express as a dollar amount or percentage) .................. 29- (d) Other: ............ $ 30 (e) Balance to close (not including Buyer's closing costs, prepaid items, and prorations) 31- to be paid at closing by wire transfer or other Collected funds .............. ............................... $ 99,999.00 32- (f) ❑ (Complete only if purchase price will be determined based on a per unit cost instead of a fixed price.) The 33- unit used to determine the purchase price is ❑ lot ❑ acre ❑ square foot ❑ other (specify): 34- prorating areas of less than a full unit. The purchase price will be $ per unit based on a 35 calculation of total area of the Property as certified to Seller and Buyer by a Florida licensed surveyor in 36 accordance with Paragraph 7(c). The following rights of way and other areas will be excluded from the 37- calculation: 38 3. Time for Acceptance; Effective Date: Unless this offer is signed by Seller and Buyer and an executed copy 39- delivered to all parties on or before , this offer will be withdrawn and Buyer's deposit, if 40 any, will be returned. The time for acceptance of any counter offer will be 3 days after the date the counter offer is 41 delivered. The "Effective Date" of this contract is the date on which the last one of the Seller and Buyer 42 has signed or initialed and delivered this offer or the final counter offer. 43- 4. Closing Date: This transaction will close on see Additional Terms ( "Closing Date "), unless specifically 44 extended by other provisions of this contract. The Closing Date will prevail over all other time periods including, 45 but not limited to, Financing and Feasibility Study periods. However, if the Closing Date occurs on a Saturday, 46 Sunday, or national legal holiday, it will extend to 5:00 p.m. (where the Property is located) of the next business 47 day. In the event insurance underwriting is suspended on Closing Date and Buyer is unable to obtain property 48 insurance, Buyer may postpone closing for up to 5 days after the insurance underwriting suspension is lifted. If 49 this transaction does not close for any reason, Buyer will immediately return all Seller provided documents and 50 other items. Buyer (_) (_) and Seller acknowledge receipt of a copy of this page, which is 1 of 7 pages. VAC -11 Rev 6/17 Serial #: 091742 - 200152- 3888497 ©2017 Florida Realtors® 51 5. Financing: (Check as applicable) 52� (a) 0 Buyer will pay cash for the Property with no financing contingency. 53* (b) ❑ This contract is contingent on Buyer qualifying for and obtaining the commitment(s) or approval(s) 54* specified below ( "Financing ") within days after Effective Date (Closing Date or 30 days after Effective 55* Date, whichever occurs first, if left blank) ( "Financing Period "). Buyer will apply for Financing within 56 days after Effective Date (5 days if left blank) and will timely provide any and all credit, employment, financial, 57 and other information required by the lender. If Buyer, after using diligence and good faith, cannot obtain the 58 Financing within the Financing Period, either party may terminate this contract and Buyer's deposit(s) will be 59 returned. 60• (1) ❑ New Financing: Buyer will secure a commitment for new third party financing for $ 61- or % of the purchase price at (Check one) ❑ a fixed rate not exceeding % Elan 62* adjustable interest rate not exceeding % at origination (a fixed rate at the prevailing interest rate 63 based on Buyer's creditworthiness if neither choice is selected). Buyer will keep Seller and Broker fully 64 informed of the loan application status and progress and authorizes the lender or mortgage broker to 65, disclose all such information to Seller and Broker. 66• (2) ❑ Seller Financing: Buyer will execute a ❑ first ❑ second purchase money note and mortgage to 67* Seller in the amount of $ bearing annual interest at % and payable as 68- follows: 69 The mortgage, note, and any security agreement will be in a form acceptable to Seller and will follow 70 forms generally accepted in the county where the Property is located; will provide for a late payment fee 71 and acceleration at the mortgagee's option if Buyer defaults; will give Buyer the right to prepay without 72 penalty all or part of the principal at any time(s) with interest only to date of payment; will be due on 73 conveyance or sale; will provide for release of contiguous parcels, if applicable; and will require Buyer to 74 keep liability insurance on the Property, with Seller as additional named insured. Buyer authorizes Seller 75 to obtain credit, employment, and other necessary information to determine creditworthiness for the 76 financing. Seller will, within 10 days after Effective Date, give Buyer written notice of whether or not 77 Seller will make the loan. 78• (3) ❑ Mortgage Assumption: Buyer will take title subject to and assume and pay existing first mortgage to 79* 80- LN# in the approximate amount of $ currently payable at 81* $ per month, including principal, interest, ❑ taxes and insurance, and having a 82� ❑ fixed ❑ other (describe) 83• interest rate of % which ❑ will ❑ will not escalate upon assumption. Any variance in the 84 mortgage will be adjusted in the balance due at closing with no adjustment to purchase price. Buyer will 85• purchase Seller's escrow account dollar for dollar. If the interest rate upon transfer exceeds % or 86• the assumption /transfer fee exceeds $ , either party may elect to pay the excess, 87 failing which this contract will terminate; and Buyer's deposit(s) will be returned. If the lender disapproves 88 Buyer, this contract will terminate; and Buyer's deposit(s) will be returned. 89* 6. Assignability: (Check one) Buyer ❑ may assign and thereby be released from any further liability under this 90+ contract, ❑ may assign but not be released from liability under this contract, or 0 may not assign this contract. 91* 7. Title: Seller has the legal capacity to and will convey marketable title to the Property by ❑ statutory warranty 92• deed Z special warranty deed ❑ other (specify) , free of liens, easements, 93 and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, 94 restrictions, and public utility easements of record; existing zoning and governmental regulations; and (list any 95* other matters to which title will be subject) 96 provided there exists at closing no violation of the foregoing. 97 (a) Title Evidence: The party who pays for the owner's title insurance policy will select the closing agent and 98 pay for the title search, including tax and lien search if performed, and all other fees charged by closing agent. 99 Seller will deliver to Buyer, at 100 (Check one) D Seller's ❑ Buyer's expense and 101• (Check one) Owithin 3 days after Effective Date ❑ at least days before Closing Date, 102 (Check one) 103• (1) Z a title insurance commitment by a Florida licensed title insurer setting forth those matters to be 104 discharged by Seller at or before closing and, upon Buyer recording the deed, an owner's policy in the 105 amount of the purchase price for fee simple title subject only to the exceptions stated above. If Buyer is 106 paying for the owner's title insurance policy and Seller has an owner's policy, Seller will deliver a copy to 107 Buyer within 15 days after Effective Date. Buyer () () and Seller acknowledge receipt of a copy of this page, which is 2 of 7 pages. VAC -11 Rev 6/17 Serial #:091742 200152 3888497 ©2017 Florida Realtors° 108• (2) Elan abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an 109 existing firm. However, if such an abstract is not available to Seller, then a prior owner's title policy 110 acceptable to the proposed insurer as a base for reissuance of coverage may be used. The prior policy 111 will include copies of all policy exceptions and an update in a format acceptable to Buyer from the policy 112 effective date and certified to Buyer or Buyer's closing agent together with copies of all documents 113 recited in the prior policy and in the update. If such an abstract or prior policy is not available to Seller, 114 then (1) above will be the title evidence. 115* (b) Title Examination: After receipt of the title evidence, Buyer will, within 2 days (10 days if left blank) 116 but no later than Closing Date, deliver written notice to Seller of title defects. Title will be deemed acceptable 117 to Buyer if (i) Buyer fails to deliver proper notice of defects or (ii) Buyer delivers proper written notice and 118 Seller cures the defects within 10 days (30 days if left blank) ( "Cure Period ") after receipt of the notice. If 119 the defects are cured within the Cure Period, closing will occur within 10 days after receipt by Buyer of notice 120 of such cure. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be cured 121 within the Cure Period. If the defects are not cured within the Cure Period, Buyer will have 10 days after 122 receipt of notice of Seller's inability to cure the defects to elect whether to terminate this contract or accept 123 title subject to existing defects and close the transaction without reduction in purchase price. 124 (c) Survey: Buyer may, at Buyer's expense, have the Property surveyed and must deliver written notice to 125 Seller, within 5 days after receiving survey but not later than 5 days before Closing Date, of any 126 encroachments on the Property, encroachments by the Property's improvements on other lands, or deed 127 restriction or zoning violations. Any such encroachment or violation will be treated in the same manner as a 128 title defect and Seller's and Buyer's obligations will be determined in accordance with Paragraph 7(b). 129 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. 130 8. Property Condition: Seller will deliver the Property to Buyer at closing in its present "as is" condition, with 131 conditions resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will not engage in or 132 permit any activity that would materially alter the Property's condition without the Buyer's prior written consent. 133 (a) Inspections: (Check (1) or (2)) 134* (1) ❑ Feasibility Study: Buyer will, at Buyer's expense and within days (30 days if left blank) 135 ( "Feasibility Study Period ") after Effective Date and in Buyer's sole and absolute discretion, determine 136 whether the Property is suitable for Buyer's intended use. During the Feasibility Study Period, Buyer 137 may conduct a Phase 1 environmental assessment and any other tests, analyses, surveys, and 138 investigations ( "Inspections ") that Buyer deems necessary to determine to Buyer's satisfaction the 139 Property's engineering, architectural, and environmental properties; zoning and zoning restrictions; 140 subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities; 141 consistency with local, state, and regional growth management plans; availability of permits, government 142 approvals, and licenses; and other inspections that Buyer deems appropriate. If the Property must be 143 rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all 144 documents Buyer is required to file in connection with development or rezoning approvals. Seller gives 145 Buyer, its agents, contractors, and assigns, the right to enter the Property at any time during the 146 Feasibility Study Period for the purpose of conducting Inspections, provided, however, that Buyer, its 147 agents, contractors, and assigns enter the Property and conduct Inspections at their own risk. Buyer will 148 indemnify and hold Seller harmless from losses, damages, costs, claims, and expenses of any nature, 149 including attorneys' fees, expenses, and liability incurred in application for rezoning or related 150 proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any 151 work authorized by Buyer. Buyer will not engage in any activity that could result in a construction lien 152 being filed against the Property without Seller's prior written consent. If this transaction does not close, 153 Buyer will, at Buyer's expense, (i) repair all damages to the Property resulting from the Inspections and 154 return the Property to the condition it was in before conducting the Inspections and (ii) release to Seller 155 all reports and other work generated as a result of the Inspections. 156 Before expiration of the Feasibility Study Period, Buyer must deliver written notice to Seller of Buyer's 157 determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice 158 requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" 159 condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to 160 Seller, this contract will be deemed terminated, and Buyer's deposit(s) will be returned. 161- (2) ONo Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, including 162 being satisfied that either public sewerage and water are available to the Property or the Property will be 163 approved for the installation of a well and /or private sewerage disposal system and that existing zoning Buyer (_) (_ ) and Seller ( () acknowledge receipt of a copy of this page, which is 3 of 7 pages. VAC -11 Rev 6/17 ©2017 Florida Realtors® Serial #:091742- 200152 - 3888497 - , Iol-!i1�;;1:piic:i;Y 164 and other pertinent regulations and restrictions, such as subdivision or deed restrictions, concurrency, 165 growth management, and environmental conditions, are acceptable to Buyer. This contract is not 166 contingent on Buyer conducting any further investigations. 167 (b) Government Regulations: Changes in government regulations and levels of service which affect Buyer's 168 intended use of the Property will not be grounds for terminating this contract if the Feasibility Study Period has 169 expired or if Paragraph 8(a)(2) is selected. 170 (c) Flood Zone: Buyer is advised to verify by survey, with the lender, and with appropriate government 171 agencies which flood zone the Property is in, whether flood insurance is required, and what restrictions apply 172 to improving the Property and rebuilding in the event of casualty. 173 (d) Coastal Construction Control Line ( "CCCL "): If any part of the Property lies seaward of the CCCL as 174 defined in Section 161.053, Florida Statutes, Seller will provide Buyer with an affidavit or survey as required 175 by law delineating the line's location on the Property, unless Buyer waives this requirement in writing. The 176 Property being purchased may be subject to coastal erosion and to federal, state, or local regulations that 177 govern coastal property, including delineation of the CCCL, rigid coastal protection structures, beach 178 nourishment, and the protection of marine turtles. Additional information can be obtained from the Florida 179 Department of Environmental Protection, including whether there are significant erosion conditions associated 180 with the shore line of the Property being purchased. 181• 0 Buyer waives the right to receive a CCCL affidavit or survey. 182 9. Closing Procedure; Costs: Closing will take place in the county where the Property is located and may be 183 conducted by mail or electronic means. If title insurance insures Buyer for title defects arising between the title 184 binder effective date and recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds 185 to Seller (in local cashier's check if Seller requests in writing at least 5 days before closing) and brokerage fees to 186 Broker as per Paragraph 19. In addition to other expenses provided in this contract, Seller and Buyer will pay the 187 costs indicated below. 188 (a) Seller Costs: 189 Taxes on deed 190 Recording fees for documents needed to cure title 191 Title evidence (if applicable under Paragraph 7) 192* Other: 193 (b) Buyer Costs: 194 Taxes and recording fees on notes and mortgages 195 Recording fees on the deed and financing statements 196 Loan expenses 197 Title evidence (if applicable under Paragraph 7) 198 Lender's title policy at the simultaneous issue rate 199 Inspections 200 Survey 201 Insurance 202• Other: 203 (c) Prorations: The following items will be made current and prorated as of the day before Closing Date: real 204 estate taxes (including special benefit tax liens imposed by a CDD), interest, bonds, assessments, leases, 205 and other Property expenses and revenues. If taxes and assessments for the current year cannot be 206 determined, the previous year's rates will be used with adjustment for any exemptions. 207 (d) Special Assessment by Public Body: Regarding special assessments imposed by a public body, Seller 208 will pay (i) the full amount of liens that are certified, confirmed, and ratified before closing and (ii) the amount 209 of the last estimate of the assessment if an improvement is substantially completed as of Effective Date but 210 has not resulted in a lien before closing; and Buyer will pay all other amounts. If special assessments may be 211- paid in installments, ❑ Seller M Buyer (Buyer if left blank) will pay installments due after closing. If Seller is 212 checked, Seller will pay the assessment in full before or at the time of closing. Public body does not include a 213 Homeowners' or Condominium Association. 214 (e) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 215 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO 216 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY 217 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN 218 HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT 219 THE COUNTY PROPERTY APPRAISER'S OFFICE FOR FURTHER INFORMATION. Buyer (_) ( ) and Seller acknowledge receipt of a copy of this page, which is 4 of 7 pages. VAC -11 Rev 6/17 02017 Florida Realtors° Serial #:091742- 200152. 3888497 220 (f) Foreign Investment in Real Property Tax Act ( "FIRPTA "): If Seller is a "foreign person" as defined by 221 FIRPTA, Seller and Buyer will comply with FIRPTA, which may require Seller to provide additional cash at 222 closing. 223 (g) 1031 Exchange: If either Seller or Buyer wish to enter into a like -kind exchange (either simultaneously with 224 closing or after) under Section 1031 of the Internal Revenue Code ( "Exchange "), the other party will 225 cooperate in all reasonable respects to effectuate the Exchange including executing documents, provided, 226 however, that the cooperating party will incur no liability or cost related to the Exchange and that the closing 227 will not be contingent upon, extended, or delayed by the Exchange. 228 10. Computation of Time: Calendar days will be used when computing time periods, except time periods of 5 days 229 or less. Time periods of 5 days or less will be computed without including Saturday, Sunday, or national legal 230 holidays specified in 5 U.S.C. 6103(a). Any time period ending on a Saturday, Sunday, or national legal holiday 231 will extend until 5:00 p.m. (where the Property is located) of the next business day. Time is of the essence in 232 this contract. 233 11. Risk of Loss; Eminent Domain: If any portion of the Property is materially damaged by casualty before closing 234 or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain 235 proceedings or an eminent domain proceeding is initiated, Seller will promptly inform Buyer. Either party may 236 terminate this contract by written notice to the other within 10 days after Buyer's receipt of Seller's notification, 237 and Buyer's deposit(s) will be returned, failing which Buyer will close in accordance with this contract and 238 receive all payments made by the governmental authority or insurance company, if any. 239 12. Force Majeure: Seller or Buyer will not be required to perform any obligation under this contract or be liable to 240 each other for damages so long as the performance or non - performance of the obligation is delayed, caused, or 241 prevented by an act of God or force majeure. An "act of God or "force majeure" is defined as hurricanes, 242 earthquakes, floods, fire, unusual transportation delays, wars, insurrections, and any other cause not reasonably 243 within the control of Seller or Buyer and which by the exercise of due diligence the non - performing party is 244 unable in whole or in part to prevent or overcome. All time periods, including Closing Date, will be extended for 245 the period that the act of God or force majeure is in place. However, in the event that such act of God or force 246 majeure event continues beyond 30 days, either party may terminate this contract by delivering written notice to 247 the other; and Buyer's deposit(s) will be returned. 248 13. Notices: All notices will be in writing and delivered to the parties and Broker by mail, personal delivery, or 249 electronic means. Buyer's failure to timely deliver written notice to Seller, when such notice is required by 250 this contract, regarding any contingency will render that contingency null and void, and this contract will 251 be construed as if the contingency did not exist. Any notice, document, or item delivered to or received 252 by an attorney or licensee (including a transactions broker) representing a party will be as effective as if 253 delivered to or received by that party. 254 14. Complete Agreement; Persons Bound: This contract is the entire agreement between Seller and Buyer. 255 Except for brokerage agreements, no prior or present agreements will bind Seller, Buyer, or Broker 256 unless incorporated into this contract. Modifications of this contract will not be binding unless in writing, signed 257 or initialed, and delivered by the party to be bound. Electronic signatures will be acceptable and binding. This 258 contract, signatures, initials, documents referenced in this contract, counterparts, and written modifications 259 communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be 260 binding. Handwritten or typewritten terms inserted in or attached to this contract prevail over preprinted terms. If 261 any provision of this contract is or becomes invalid or unenforceable, all remaining provisions will continue to be 262 fully effective. Seller and Buyer will use diligence and good faith in performing all obligations under this contract. 263 This contract will not be recorded in any public record. The terms "Seller," "Buyer," and "Broker" may be singular 264 or plural. This contract is binding on the heirs, administrators, executors, personal representatives, and assigns, if 265 permitted, of Seller, Buyer, and Broker. 266 15. Default and Dispute Resolution: This contract will be construed under Florida law. This Paragraph will survive 267 closing or termination of this contract. 268 (a) Seller Default: If Seller fails, neglects, or refuses to perform Seller's obligations under this contract, Buyer 269 may elect to receive a return of Buyer's deposit(s) without thereby waiving any action for damages resulting 270 from Seller's breach and may seek to recover such damages or seek specific performance. Seller will also 271 be liable for the full amount of the brokerage fee. Buyer () (_) and Seller ( () acknowledge receipt of a copy of this page, which is 5 of 7 pages. VAC -11 Rev 6/17 ©2017 Florida Realtors° Serial #: 091742 - 200152 - 3888497 ! - iillli:_�1�_�_.1lL..l� 272 (b) Buyer Default: If Buyer fails, neglects, or refuses to perform Buyer's obligations under this contract, 273 including payment of deposit(s), within the time(s) specified, Seller may elect to recover and retain the 274 deposit(s), paid and agreed to be paid, for the account of Seller as agreed upon liquidated damages, 275 consideration for execution of this contract, and in full settlement of any claims, whereupon Seller and Buyer 276 will be relieved from all further obligations under this contract; or Seller, at Seller's option, may proceed in 277 equity to enforce Seller's rights under this contract. 278 16. Attorney's Fees; Costs: In any litigation permitted by this Contract, the prevailing party shall be entitled to 279 recover from the non - prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting 280 the litigation. This Paragraph 16 shall survive Closing or termination of this Contract. 281 17. Escrow Agent; Closing Agent: Seller and Buyer authorize Escrow Agent and closing agent (collectively 282 "Agent ") to receive, deposit, and hold funds and other items in escrow and, subject to Collection, disburse them 283 upon proper authorization and in accordance with Florida law and the terms of this contract, including disbursing 284 brokerage fees. "Collection" or "Collected" means any checks tendered or received have become actually and 285 finally collected and deposited in the account of Agent. The parties agree that Agent will not be liable to any 286 person for misdelivery of escrowed items to Seller or Buyer, unless the misdelivery is due to Agent's willful 287 breach of this contract or gross negligence. If Agent interpleads the subject matter of the escrow, Agent will pay 288 the filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the 289 escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. 290 18. Professional Advice; Broker Liability: Broker advises Seller and Buyer to verify all facts and representations 291 that are important to them and to consult an appropriate professional for legal advice (for example, interpreting 292 this contract, determining the effect of laws on the Property and this transaction, status of title, foreign investor 293 reporting requirements, the effect of property lying partially or totally seaward of the CCCL, etc.) and for tax, 294 property condition, environmental, and other specialized advice. Buyer acknowledges that Broker does not reside 295 in the Property and that all representations (oral, written, or otherwise) by Broker are based on Seller 296 representations or public records. Buyer agrees to rely solely on Seller, professional inspectors, and 297 government agencies for verification of the Property condition and facts that materially affect Property 298 value. Seller and Buyer respectively will pay all costs and expenses, including reasonable attorneys' fees at all 299 levels, incurred by Broker and Broker's officers, directors, agents, and employees in connection with or arising 300 from Seller's or Buyer's misstatement or failure to perform contractual obligations. Seller and Buyer hold 301 harmless and release Broker and Broker's officers, directors, agents, and employees from all liability for loss or 302 damage based on (i) Seller's or Buyer's misstatement or failure to perform contractual obligations; (ii) the use or 303 display of listing data by third parties, including, but not limited to, photographs, images, graphics, video 304 recordings, virtual tours, drawings, written descriptions, and remarks related to the Property; (iii) Broker's 305 performance, at Seller's or Buyer's request, of any task beyond the scope of services regulated by Chapter 475, 306 Florida Statutes, as amended, including Broker's referral, recommendation, or retention of any vendor; (iv) 307 products or services provided by any vendor; and (v) expenses incurred by any vendor. Seller and Buyer each 308 assume full responsibility for selecting and compensating their respective vendors. This Paragraph will not relieve 309 Broker of statutory obligations. For purposes of this Paragraph, Broker will be treated as a party to this contract. 310 This Paragraph will survive closing. 311 19. Commercial Real Estate Sales Commission Lien Act: If the Property is commercial real estate as defined by 312 Section 475.701, Florida Statutes, the following disclosure will apply: The Florida Commercial Real Estate Sales 313 Commission Lien Act provides that when a broker has earned a commission by performing licensed services 314 under a brokerage agreement with you, the broker may claim a lien against your net sales proceeds for the 315 broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned. 316 20. Brokers: The brokers named below are collectively referred to as "Broker." Instruction to closing agent: 317 Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in 318 separate brokerage agreements with the parties and cooperative agreements between the Brokers, except to the 319 extent Broker has retained such fees from the escrowed funds. This Paragraph will not be used to modify any 320 MLS or other offer of compensation made by Seller or Seller's Broker to Buyer's Broker. 321- (a) NONE (Seller's Broker) 322# will be compensated by ❑ Seller ❑ Buyer ❑ both parties pursuant to ❑ a listing agreement ❑ other 323• (specify): 324• (b) NONE (Buyer's Broker) 325• will be compensated.by ❑Seller ❑ Buyer ❑ both parties ❑ Seller's Broker pursuant to ❑ a MLS offer of 326= compensation ❑ other (specify): Buyer (_) (_ ) and Seller () () acknowledge receipt of a copy of this page, which is 6 of 7 pages. VAC -11 Rev 6/17 02017 Florida Realtors® S eri a I #: 091742-200152-3888497 327* 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 21. Additional Terms: Closing shall occur on the date which is fifteen (15) days following the Effective Date. At Closing, the parties shall enter Into a 99 year land lease, whereby t e Property shall be [eased to Seller for a year subject tote restriction in the lease that Improvements built on the Property may on y be subleased to occupants qualitying as low Income under the HUD guidelines with a maximum rental rate for each unit equal tothirty percent (30%) of the household's Income. uyer and Seller shall agree to the form of 9 -year leaseback and any affordable ousing documentation during t of time between the ective ate an osing. Further condition to lease shall be that Seller /Lessee agree to construct on site at its own expense one unit of residen housing to be subtantially completed and ready for occupancy not later than 180 days following lease commencemen unless said date is extended by mutual agreement of the parties. Seller's obligations under this Section 21. Additional Terms shall survive losing 343 COUNTER- OFFER/REJECTION 344• ❑ Seller counters Buyer's offer (to accept the counter -offer, Buyer must sign or initial the counter - offered terms and 345 deliver a copy of the acceptance to Seller). 346• ❑ Seller rejects Buyer's offer 347 This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney before 348 signing. 349• Buyer: Date: 350• Print name: 351* Buyer: Date: 352• Print name: 353 Buyer's address for purpose of notice: 354. Address: 355• Phone: Fax: Email: 356- Seller: 357• Print name: 358• Seller: 359• Print name: 360 Seller's address for purpose of notice: 361• Address: 362• Phone: Fax: 363- 364 Email: Effective Date: (The date on which the last party signed or initialed and delivered the final offer or counter offer.) Florida REALTORS' makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as REALTOR. REALTOR' is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS' and who subscribe to its Code of Ethics. The copyright laws of United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. Date: Date: Buyer () () and Seller ( () acknowledge receipt of a copy of this page, which is 7 of 7 pages. VAC -11 Rev 6/17 02017 Florida Realtors° Serial #: 091742 - 200152 - 3888497 Vacant Land Contract ' Florida Realtors 1. 1. Sale and Purchase: FLORIDA KEYS COMMUNITY LAND TRUST INC. ( "Seller ") 2• and MONROE COUNTY, Florida, a political subdivision ( "Buyer ") 3 (the "parties ") agree to sell and buy on the terms and conditions specified below the property ( "Property ") 4 described as: 5• Address: 31462 Avenue E, Big Pine Key, FL 33043 6• Legal Description: BK 32 LT 12 SANDS SUB PB1 -65 BIG PINE KEY OR500 -845 OR1053- 1943R/S OR1091 -812 7 OR 1267 -2424 OR2456 -1836 OR2576 -330 OR2885- 1760/61 OR2886- 2206 -07 10 11. SEC _/TWP _ /RNG _ of County, Florida. Real Property ID No.: 00304290 - 000000 12• including all improvements existing on the Property and the following additional property: 13 14- 2. Purchase Price: (U.S. currency) ................................................................. ............................... $ 99,999.99 15 All deposits will be made payable to "Escrow Agent" named below and held in escrow by: 16- Escrow Agent's Name: Smith Hawks, PL 17- Escrow Agent's Contact Person: Bryan Hawks 18= Escrow Agent's Address: 138 Simonton Street 19• Escrow Agent's Phone: (305) 296 -7227 20= Escrow Agent's Email: bryan @smithhawks.com 21 (a) Initial deposit ($0 if left blank) (Check if applicable) 22. ❑ accompanies offer 23- ❑ will be delivered to Escrow Agent within days (3 days if left blank) 24• after Effective Date ................................................................................. ............................... $ 0.00 25 (b) Additional deposit will be delivered to Escrow Agent (Check if applicable) 26• ❑ within days (10 days if left blank) after Effective Date 27• ❑ within days (3 days if left blank) after expiration of Feasibility Study Period ....... $ 28• (c) Total Financing (see Paragraph 5) (express as a dollar amount or percentage) .................. 29= (d) Other: ............ $ 30 (e) Balance to close (not including Buyer's closing costs, prepaid items, and prorations) 31- to be paid at closing by wire transfer or other Collected funds .............. ............................... $ 99 32• (f) ❑ (Complete only if purchase price will be determined based on a per unit cost instead of a fixed price.) The 33• unit used to determine the purchase price is ❑ lot ❑ acre ❑ square foot ❑ other (specify): 34• prorating areas of less than a full unit. The purchase price will be $ per unit based on a 35 calculation of total area of the Property as certified to Seller and Buyer by a Florida licensed surveyor in 36 accordance with Paragraph 7(c). The following rights of way and other areas will be excluded from the 37- calculation: 38 3. Time for Acceptance; Effective Date: Unless this offer is signed by Seller and Buyer and an executed copy 39• delivered to all parties on or before , this offer will be withdrawn and Buyer's deposit, if 40 any, will be returned. The time for acceptance of any counter offer will be 3 days after the date the counter offer is 41 delivered. The "Effective Date" of this contract is the date on which the last one of the Seller and Buyer 42 has signed or initialed and delivered this offer or the final counter offer. 43• 4. Closing Date: This transaction will close on see Additional Terms ( "Closing Date "), unless specifically 44 extended by other provisions of this contract. The Closing Date will prevail over all other time periods including, 45 but not limited to, Financing and Feasibility Study periods. However, if the Closing Date occurs on a Saturday, 46 Sunday, or national legal holiday, it will extend to 5:00 p.m. (where the Property is located) of the next business 47 day. In the event insurance underwriting is suspended on Closing Date and Buyer is unable to obtain property 48 insurance, Buyer may postpone closing for up to 5 days after the insurance underwriting suspension is lifted. If 49 this transaction does not close for any reason, Buyer will immediately return all Seller provided documents and 50 other items. Buyer L_ ) (_ ) and Seller acknowledge receipt of a copy of this page, which is 1 of 7 pages. VAC -11 Rev 6117 02017 Florida Realtors' Serial #:083838- 600152 - 3896243 1 : ' 5f1 1' ' p 1 � .i���i1�..�i�' 51 5. Financing: (Check as applicable) 52• (a) [K Buyer will pay cash for the Property with no financing contingency. 53• (b) ❑ This contract is contingent on Buyer qualifying for and obtaining the commitment(s) or approval(s) 54• specified below ( "Financing ") within days after Effective Date (Closing Date or 30 days after Effective 55• Date, whichever occurs first, if left blank) ( "Financing Period "). Buyer will apply for Financing within 56 days after Effective Date (5 days if left blank) and will timely provide any and all credit, employment, financial, 57 and other information required by the lender. If Buyer, after using diligence and good faith, cannot obtain the 58 Financing within the Financing Period, either party may terminate this contract and Buyer's deposit(s) will be 59 returned. 60• (1) ❑ New Financing: Buyer will secure a commitment for new third party financing for $ 61• or % of the purchase price at (Check one) ❑ a fixed rate not exceeding % Elan 62• adjustable interest rate not exceeding % at origination (a fixed rate at the prevailing interest rate 63 based on Buyer's creditworthiness if neither choice is selected). Buyer will keep Seller and Broker fully 64 informed of the loan application status and progress and authorizes the lender or mortgage broker to 65 disclose all such information to Seller and Broker. 66• (2) ❑ Seller Financing: Buyer will execute a ❑ first ❑ second purchase money note and mortgage to 67• Seller in the amount of $ bearing annual interest at % and payable as 68• follows: 69 The mortgage, note, and any security agreement will be in a form acceptable to Seller and will follow 70 forms generally accepted in the county where the Property is located; will provide for a late payment fee 71 and acceleration at the mortgagee's option if Buyer defaults; will give Buyer the right to prepay without 72 penalty all or part of the principal at any time(s) with interest only to date of payment; will be due on 73 conveyance or sale; will provide for release of contiguous parcels, if applicable; and will require Buyer to 74 keep liability insurance on the Property, with Seller as additional named insured. Buyer authorizes Seller 75 to obtain credit, employment, and other necessary information to determine creditworthiness for the 76 financing. Seller will, within 10 days after Effective Date, give Buyer written notice of whether or not 77 Seller will make the loan. 78- (3) ❑ Mortgage Assumption: Buyer will take title subject to and assume and pay existing first mortgage to 79• 80• LN# in the approximate amount of $ currently payable at 81• $ per month, including principal, interest, ❑ taxes and insurance, and having a 82• ❑ fixed ❑ other (describe) 83- interest rate of % which ❑ will ❑ will not escalate upon assumption. Any variance in the 84 mortgage will be adjusted in the balance due at closing with no adjustment to purchase price. Buyer will 85• purchase Seller's escrow account dollar for dollar. If the interest rate upon transfer exceeds % or 86- the assumption /transfer fee exceeds $ , either party may elect to pay the excess, 87 failing which this contract will terminate; and Buyer's deposit(s) will be returned. If the lender disapproves 88 Buyer, this contract will terminate; and Buyer's deposit(s) will be returned. 89• 6. Assignability: (Check one) Buyer ❑ may assign and thereby be released from any further liability under this 90. contract, ❑ may assign but not be released from liability under this contract, or ❑ may not assign this contract. 91• 7. Title: Seller has the legal capacity to and will convey marketable title to the Property by ❑ statutory warranty 92- deed ❑ special warranty deed ❑ other (specify) , free of liens, easements, 93 and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, 94 restrictions, and public utility easements of record; existing zoning and governmental regulations; and (list any 95• other matters to which title will be subject) 96 provided there exists at closing no violation of the foregoing. 97 (a) Title Evidence: The party who pays for the owner's title insurance policy will select the closing agent and 98 pay for the title search, including tax and lien search if performed, and all other fees charged by closing agent. 99 Seller will deliver to Buyer, at 100- (Check one) 0 Seller's ❑ Buyer's expense and 101• (Check one) X within 3 days after Effective Date ❑ at least days before Closing Date, 102 (Check one) 103- (1) Z a title insurance commitment by a Florida licensed title insurer setting forth those matters to be 104 discharged by Seller at or before closing and, upon Buyer recording the deed, an owner's policy in the 105 amount of the purchase price for fee simple title subject only to the exceptions stated above. If Buyer is 106 paying for the owner's title insurance policy and Seller has an owner's policy, Seller will deliver a copy to 107 Buyer within 15 days after Effective Date. Buyer () ( ) and Seller acknowledge receipt of a copy of this page, which is 2 of 7 pages. VAC -11 Rev 6/17 ©2017 Florida Realtors= Serialk: 083638. 600152- 3896243 1O1 i't I ; � i 108- (2) ❑ an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an 109 existing firm. However, if such an abstract is not available to Seller, then a prior owner's title policy 110 acceptable to the proposed insurer as a base for reissuance of coverage may be used. The prior policy 111 will include copies of all policy exceptions and an update in a format acceptable to Buyer from the policy 112 effective date and certified to Buyer or Buyer's closing agent together with copies of all documents 113 recited in the prior policy and in the update. If such an abstract or prior policy is not available to Seller, 114 then (1) above will be the title evidence. 115- (b) Title Examination: After receipt of the title'evidence, Buyer will, within 2 days (10 days if left blank) 116 but no later than Closing Date, deliver written notice to Seller of title defects. Title will be deemed acceptable 117 to Buyer if (i) Buyer fails to deliver proper notice of defects or (ii) Buyer delivers proper written notice and 118- Seller cures the defects within 10 days (30 days if left blank) ( "Cure Period ") after receipt of the notice. If 119 the defects are cured within the Cure Period, closing will occur within 10 days after receipt by Buyer of notice 120 of such cure. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be cured 121 within the Cure Period. If the defects are not cured within the Cure Period, Buyer will have 10 days after 122 receipt of notice of Seller's inability to cure the defects to elect whether to terminate this contract or accept 123 title subject to existing defects and close the transaction without reduction in purchase price. 124 (c) Survey: Buyer may, at Buyer's expense, have the Property surveyed and must deliver written notice to 125 Seller, within 5 days after receiving survey but not later than 5 days before Closing Date, of any 126 encroachments on the Property, encroachments by the Property's improvements on other lands, or deed 127 restriction or zoning violations. Any such encroachment or violation will be treated in the same manner as a 128 title defect and Seller's and Buyer's obligations will be determined in accordance with Paragraph 7(b). 129 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. 130 8. Property Condition: Seller will deliver the Property to Buyer at closing in its present "as is" condition, with 131 conditions resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will not engage in or 132 permit any activity that would materially alter the Property's condition without the Buyer's prior written consent. 133 (a) Inspections: (Check (1) or (2)) 134- (1) ❑ Feasibility Study: Buyer will, at Buyer's expense and within days (30 days if left blank) 135 ( " Feasibility Study Period ") after Effective Date and in Buyer's sole and absolute discretion, determine 136 whether the Property is suitable for Buyer's intended use. During the Feasibility Study Period, Buyer 137 may conduct a Phase 1 environmental assessment and any other tests, analyses, surveys, and 138 investigations ( "Inspections ") that Buyer deems necessary to determine to Buyer's satisfaction the 139 Property's engineering, architectural, and environmental properties; zoning and zoning restrictions; 140 subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities; 141 consistency with local, state, and regional growth management plans; availability of permits, government 142 approvals, and licenses; and other inspections that Buyer deems appropriate. If the Property must be 143 rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all 144 documents Buyer is required to file in connection with development or rezoning approvals. Seller gives 145 Buyer, its agents, contractors, and assigns, the right to enter the Property at any time during the 146 Feasibility Study Period for the purpose of conducting Inspections, provided, however, that Buyer, its 147 agents, contractors, and assigns enter the Property and conduct Inspections at their own risk. Buyer will 148 indemnify and hold Seller harmless from losses, damages, costs, claims, and expenses of any nature, 149 including attorneys' fees, expenses, and liability incurred in application for rezoning or related 150 proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any 151 work authorized by Buyer. Buyer will not engage in any activity that could result in a construction lien 152 being filed against the Property without Seller's prior written consent. If this transaction does not close, 153 Buyer will, at Buyer's expense, (i) repair all damages to the Property resulting from the Inspections and 154 return the Property to the condition it was in before conducting the Inspections and (ii) release to Seller 155 all reports and other work generated as a result of the Inspections. 156 Before expiration of the Feasibility Study Period, Buyer must deliver written notice to Seller of Buyer's 157 determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice 158 requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" 159 condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to 160 Seller, this contract will be deemed terminated, and Buyer's deposit(s) will be returned. 161- (2) [K No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, including 162 being satisfied that either public sewerage and water are available to the Property or the Property will be 163 approved for the installation of a well and /or private sewerage disposal system and that existing zoning Buyer ( ) ( ) and Seller acknowledge receipt of a copy of this page, which is 3 of 7 pages. VAC -11 Rev 6117 02017 Florida Realtors Serial #: 083838- 600152 - 3896243 164 and other pertinent regulations and restrictions, such as subdivision or deed restrictions, concurrency, 165 growth management, and environmental conditions, are acceptable to Buyer. This contract is not 166 contingent on Buyer conducting any further investigations. 167 (b) Government Regulations: Changes in government regulations and levels of service which affect Buyer's 168 intended use of the Property will not be grounds for terminating this contract if the Feasibility Study Period has 169 expired or if Paragraph 8(a)(2) is selected. 170 (c) Flood Zone: Buyer is advised to verify by survey, with the lender, and with appropriate government 171 agencies which flood zone the Property is in, whether flood insurance is required, and what restrictions apply 172 to improving the Property and rebuilding in the event of casualty. 173 (d) Coastal Construction Control Line ( "CCCL "): If any part of the Property lies seaward of the CCCL as 174 defined in Section 161.053, Florida Statutes, Seller will provide Buyer with an affidavit or survey as required 175 by law delineating the line's location on the Property, unless Buyer waives this requirement in writing. The 176 Property being purchased may be subject to coastal erosion and to federal, state, or local regulations that 177 govern coastal property, including delineation of the CCCL, rigid coastal protection structures, beach 178 nourishment, and the protection of marine turtles. Additional information can be obtained from the Florida 179 Department of Environmental Protection, including whether there are significant erosion conditions associated 180 with the shore line of the Property being purchased. 181• 1K Buyer waives the right to receive a CCCL affidavit or survey. 182 9. Closing Procedure; Costs: Closing will take place in the county where the Property is located and may be 183 conducted by mail or electronic means. If title insurance insures Buyer for title defects arising between the title 184 binder effective date and recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds 185 to Seller (in local cashier's check if Seller requests in writing at least 5 days before closing) and brokerage fees to 186 Broker as per Paragraph 19. In addition to other expenses provided in this contract, Seller and Buyer will pay the 187 costs indicated below. 188 (a) Seller Costs: 189 Taxes on deed 190 Recording fees for documents needed to cure title 191 Title evidence (if applicable under Paragraph 7) 192• Other: 193 (b) Buyer Costs: 194 Taxes and recording fees on notes and mortgages 195 Recording fees on the deed and financing statements 196 Loan expenses 197 Title evidence (if applicable under Paragraph 7) 198 Lender's title policy at the simultaneous issue rate 199 Inspections 200 Survey 201 Insurance 202• Other: 203 (c) Prorations: The following items will be made current and prorated as of the day before Closing Date: real 204 estate taxes (including special benefit tax liens imposed by a CDD), interest, bonds, assessments, leases, 205 and other Property expenses and revenues. If taxes and assessments for the current year cannot be 206 determined, the previous year's rates will be used with adjustment for any exemptions. 207 (d) Special Assessment by Public Body: Regarding special assessments imposed by a public body, Seller 208 will pay (i) the full amount of liens that are certified, confirmed, and ratified before closing and (ii) the amount 209 of the last estimate of the assessment if an improvement is substantially completed as of Effective Date but 210 has not resulted in a lien before closing; and Buyer will pay all other amounts. If special assessments may be 211• paid in installments, ❑ Seller ❑ Buyer (Buyer if left blank) will pay installments due after closing. If Seller is 212 checked, Seller will pay the assessment in full before or at the time of closing. Public body does not include a 213 Homeowners' or Condominium Association. 214 (e) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 215 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO 216 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY 217 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN 218 HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT 219 THE COUNTY PROPERTY APPRAISER'S OFFICE FOR FURTHER INFORMATION. Buyer () L__) and Seller acknowledge receipt of a copy of this page, which is 4 of 7 pages. VAC -11 Rev 6/17 ©2017 Florida Realtors` Serial #: 083838- 600152 - 3896243 220 (f) Foreign Investment in Real Property Tax Act ( "FIRPTA "): If Seller is a "foreign person" as defined by 221 FIRPTA, Seller and Buyer will comply with FIRPTA, which may require Seller to provide additional cash at 222 closing. 223 (g) 1031 Exchange: If either Seller or Buyer wish to enter into a like -kind exchange (either simultaneously with 224 closing or after) under Section 1031 of the Internal Revenue Code ( "Exchange "), the other party will 225 cooperate in all reasonable respects to effectuate the Exchange including executing documents, provided, 226 however, that the cooperating party will incur no liability or cost related to the Exchange and that the closing 227 will not be contingent upon, extended, or delayed by the Exchange. 228 10. Computation of Time: Calendar days will be used when computing time periods, except time periods of 5 days 229 or less. Time periods of 5 days or less will be computed without including Saturday, Sunday, or national legal 230 holidays specified in 5 U.S.C. 6103(a). Any time period ending on a Saturday, Sunday, or national legal holiday 231 will extend until 5:00 p.m. (where the Property is located) of the next business day. Time is of the essence in 232 this contract. 233 11. Risk of Loss; Eminent Domain: If any portion of the Property is materially damaged by casualty before closing 234 or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain 235 proceedings or an eminent domain proceeding is initiated, Seller will promptly inform Buyer. Either party may 236 terminate this contract by written notice to the other within 10 days after Buyer's receipt of Seller's notification, 237 and Buyer's deposit(s) will be returned, failing which Buyer will close in accordance with this contract and 238 receive all payments made by the governmental authority or insurance company, if any. 239 12. Force Majeure: Seller or Buyer will not be required to perform any obligation under this contract or be liable to 240 each other for damages so long as the performance or non - performance of the obligation is delayed, caused, or 241 prevented by an act of God or force majeure. An "act of God or "force majeure" is defined as hurricanes, 242 earthquakes, floods, fire, unusual transportation delays, wars, insurrections, and any other cause not reasonably 243 within the control of Seller or Buyer and which by the exercise of due diligence the non - performing party is 244 unable in whole or in part to prevent or overcome. All time periods, including Closing Date, will be extended for 245 the period that the act of God or force majeure is in place. However, in the event that such act of God or force 246 majeure event continues beyond 30 days, either parry may terminate this contract by delivering written notice to 247 the other; and Buyer's deposit(s) will be returned. 248 13. Notices: All notices will be in writing and delivered to the parties and Broker by mail, personal delivery, or 249 electronic means. Buyer's failure to timely deliver written notice to Seller, when such notice is required by 250 this contract, regarding any contingency will render that contingency null and void, and this contract will 251 be construed as if the contingency did not exist. Any notice, document, or item delivered to or received 252 by an attorney or licensee (including a transactions broker) representing a party will be as effective as if 253 delivered to or received by that party. 254 14. Complete Agreement; Persons Bound: This contract is the entire agreement between Seller and Buyer. 255 Except for brokerage agreements, no prior or present agreements will bind Seller, Buyer, or Broker 256 unless incorporated into this contract. Modifications of this contract will not be binding unless in writing, signed 257 or initialed, and delivered by the party to be bound. Electronic signatures will be acceptable and binding. This 258 contract, signatures, initials, documents referenced in this contract, counterparts, and written modifications 259 communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be 260 binding. Handwritten or typewritten terms inserted in or attached to this contract prevail over preprinted terms. If 261 any provision of this contract is or becomes invalid or unenforceable, all remaining provisions will continue to be 262 fully effective. Seller and Buyer will use diligence and good faith in performing all obligations under this contract. 263 This contract will not be recorded in any public record. The terms "Seller," "Buyer," and "Broker" may be singular 264 or plural. This contract is binding on the heirs, administrators, executors, personal representatives, and assigns, if 265 permitted, of Seller, Buyer, and Broker. 266 15. Default and Dispute Resolution: This contract will be construed under Florida law. This Paragraph will survive 267 closing or termination of this contract. 268 (a) Seller Default: If Seller fails, neglects, or refuses to perform Seller's obligations under this contract, Buyer 269 may elect to receive a return of Buyer's deposit(s) without thereby waiving any action for damages resulting 270 from Seller's breach and may seek to recover such damages or seek specific performance. Seller will also 271 be liable for the full amount of the brokerage fee. Buyer ( ) ( ) and Seller () () acknowledge receipt of a copy of this page, which is 5 of 7 pages. VAC -11 Rev 6/17 ©2017 Florida Realtors- S erial #: 083838- 600152 - 3896243 S`(il'ln ,`+ln,li_ CilV 272 (b) Buyer Default: If Buyer fails, neglects, or refuses to perform Buyer's obligations under this contract, 273 including payment of deposit(s), within the time(s) specified, Seller may elect to recover and retain the 274 deposit(s), paid and agreed to be paid, for the account of Seller as agreed upon liquidated damages, 275 consideration for execution of this contract, and in full settlement of any claims, whereupon Seller and Buyer 276 will be relieved from all further obligations under this contract; or Seller, at Seller's option, may proceed in 277 equity to enforce Seller's rights under this contract. 278 16. Attorney's Fees; Costs: In any litigation permitted by this Contract, the prevailing party shall be entitled to 279 recover from the non - prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting 280 the litigation. This Paragraph 16 shall survive Closing or termination of this Contract. 281 17. Escrow Agent; Closing Agent: Seller and Buyer authorize Escrow Agent and closing agent (collectively 282 "Agent ") to receive, deposit, and hold funds and other items in escrow and, subject to Collection, disburse them 283 upon proper authorization and in accordance with Florida law and the terms of this contract, including disbursing 284 brokerage fees. "Collection" or "Collected" means any checks tendered or received have become actually and 285 finally collected and deposited in the account of Agent. The parties agree that Agent will not be liable to any 286 person for misdelivery of escrowed items to Seller or Buyer, unless the misdelivery is due to Agent's willful 287 breach of this contract or gross negligence. If Agent interpleads the subject matter of the escrow, Agent will pay 288 the filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the 289 escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. 290 18. Professional Advice; Broker Liability: Broker advises Seller and Buyer to verify all facts and representations 291 that are important to them and to consult an appropriate professional for legal advice (for example, interpreting 292 this contract, determining the effect of laws on the Property and this transaction, status of title, foreign investor 293 reporting requirements, the effect of property lying partially or totally seaward of the CCCL, etc.) and for tax, 294 property condition, environmental, and other specialized advice. Buyer acknowledges that Broker does not reside 295 in the Property and that all representations (oral, written, or otherwise) by Broker are based on Seller 296 representations or public records. Buyer agrees to rely solely on Seller, professional inspectors, and 297 government agencies for verification of the Property condition and facts that materially affect Property 298 value. Seller and Buyer respectively will pay all costs and expenses, including reasonable attorneys' fees at all 299 levels, incurred by Broker and Broker's officers, directors, agents, and employees in connection with or arising 300 from Seller's or Buyer's misstatement or failure to perform contractual obligations. Seller and Buyer hold 301 harmless and release Broker and Broker's officers, directors, agents, and employees from all liability for loss or 302 damage based on (i) Seller's or Buyer's misstatement or failure to perform contractual obligations; (ii) the use or 303 display of listing data by third parties, including, but not limited to, photographs, images, graphics, video 304 recordings, virtual tours, drawings, written descriptions, and remarks related to the Property; (iii) Broker's 305 performance, at Seller's or Buyer's request, of any task beyond the scope of services regulated by Chapter 475, 306 Florida Statutes, as amended, including Broker's referral, recommendation, or retention of any vendor; (iv) 307 products or services provided by any vendor; and (v) expenses incurred by any vendor. Seller and Buyer each 308 assume full responsibility for selecting and compensating their respective vendors. This Paragraph will not relieve 309 Broker of statutory obligations. For purposes of this Paragraph, Broker will be treated as a party to this contract. 310 This Paragraph will survive closing. 311 19. Commercial Real Estate Sales Commission Lien Act: If the Property is commercial real estate as defined by 312 Section 475.701, Florida Statutes, the following disclosure will apply: The Florida Commercial Real Estate Sales 313 Commission Lien Act provides that when a broker has earned a commission by performing licensed services 314 under a brokerage agreement with you, the broker may claim a lien against your net sales proceeds for the 315 broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned. 316 20. Brokers: The brokers named below are collectively referred to as "Broker." Instruction to closing agent: 317 Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in 318 separate brokerage agreements with the parties and cooperative agreements between the Brokers, except to the 319 extent Broker has retained such fees from the escrowed funds. This Paragraph will not be used to modify any 320 MLS or other offer of compensation made by Seller or Seller's Broker to Buyer's Broker. 321- (a) NONE (Seller's Broker) 322- will be compensated by ❑Seller ❑ Buyer ❑ both parties pursuant to ❑a listing agreement ❑other 323- (specify): 324- (b) NONE (Buyer's Broker) 325- will be compensated by ❑ Seller ❑ Buyer ❑ both parties ❑ Seller's Broker pursuant to ❑ a MLS offer of 326- compensation ❑ other (specify): Buyer ( ) ( ) and Seller acknowledge receipt of a copy of this page, which is 6 of 7 pages. VAC -11 Rev 6117 @2017 Florida Realtors Serial#: 083838. 600152. 3896243 , 327- 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344' 345 346' 347 348 349- 350 351• 352• 353 354• 355- 356• 357• 358• 359• 360 361 362- 363- 364 21. Additional Terms: Closing shall occur on the date which is fifteen (15) days following the Effective Date. At Closing, the parties shall enter into a 99 year land lease, whereby the Property shall be leased to Seller for a year subject o the restriction in the lease a improvemen s built on a rope y may only be su ease o occupants qualifying as low income under the HUD guidelines with a maximum rental rate for each unit equal tothirty percent o of e household's income. Buyer and SelFe agree to the form -year leaseback and any affordable ousing documentation during the period of time between the Effective Date and Closing. Further condition to lease shall e that Seller/Lessee agree to construct on site at its own expense one unit of residential nousing o be subtantially completed and read for occupancy not later than 180 days tonowing lease commencement unless said ate is exten ed by mutual agreement of the parties. Seller's obligations under this Section 21. Additional Terms shall survive closing. COUNTER- OFFER/REJECTION ❑ Seller counters Buyer's offer (to accept the counter -offer, Buyer must sign or initial the counter - offered terms and deliver a copy of the acceptance to Seller). ❑ Seller rejects Buyer's offer This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney before signing. Buyer: Date: Print name: Buyer: Date: Print name: Buyer's address for purpose of notice: Address: Phone: Fax: Email: Seller: Print name: Seller: Print name: Seller's address for purpose of notice: Address: Phone: Fax: Email: Effective Date: (The date on which the last party signed or initialed and delivered the final offer or counter offer.) Florida REALTORS' makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as REALTOR REALTOR is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS' and who subscribe to its Code of Ethics. The copyright laws of United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. Date: Date: Buyer (_ ) ( _ ) and Seller acknowledge receipt of a copy of this page, which is 7 of 7 pages. VAC -11 Rev 6117 02017 Florida Realtors Serial #:083838.600152. 3896243 0 1'111bi111i c11, County of Monroe <r BOARD OF COUNTY COMMISSIONERS � Mayor David Rice, District 4 IleOI1da Keys ��x t t 0. Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District I P f,< George Neugent, District 2 a Heather Carruthers, District 3 County Commission Meeting April 19, 2018 Agenda Item Number: M.2 Agenda Item Summary #4106 BULK ITEM: No DEPARTMENT: BOCC District 2 TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470 9:16 A.M. (Immediately following Land Authority) AGENDA ITEM WORDING: Discussion and direction to County and /or Land Authority Staff regarding a request from the Florida Keys Community Land Trust (FKCLT) for financial assistance in the amount of $752,000.00 in tourist impact tax dollars for use to build four code compliant, deed restricted affordable rental homes on Big Pine Key on lots the FKCLT purchased from residents who left the Keys after their homes were destroyed by Hurricane Irma. ITEM BACKGROUND: In March of 2018, the Legislature passed HB 1173 which expanded the statutory authority of the Monroe County Land Authority to use tourist impact tax dollars (half of the penny generated pursuant to F.S. 125.0108) for construction of affordable housing. Specifically, the bills would amend F.S. 380.0666(3) to authorize expenditures of tourist impact tax dollars for construction of affordable housing and certain related expenses. The bill was presented to Governor Scott on March 26, 2018, but he has not signed the bill as of the agenda deadline. The Florida Keys Community Land Trust (FKCLT) is a recently formed non - profit, tax exempt entity that has purchased around twenty (20) single family lots on Big Pine Key since Hurricane Irma from homeowners whose houses were destroyed by Hurricane Irma. The FKCLT was formed to convert these destroyed home sites into new, code compliant, affordable housing for rental to the local workforce. On April 3, 2018, the FKCLT submitted a request for $752,000 ($188,000 per home) in funding by the County under the new authority to pay for the construction of four affordable units on the following four lots: 1) 31438 Avenue E, Big Pine Key, FL 33043; Parcel ID: 00304320 - 000000 2) 31462 Avenue E, Big Pine Key, FL 33043; Parcel ID: 00304290 - 000000 3) 31319 Avenue D, Big Pine Key, FL 33043; Parcel ID: 00304020 - 000000 4) 31171 Avenue D, Rig Pine Key, FL 33043; Parcel ID: 00303770 - 000000 Due to use of a construction technique known as Structural Insulated Panels ( "SIPS "), FKCLT estimates that the four homes could be constructed in approximately three (3) months from ordering. FKCLT is requesting this funding as a first step towards a more comprehensive partnership with the County. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT /AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: DOCUMENTATION: LTO Bob Shillinger 4 -3 -18 request for funding HB 1 173 Affordable Keys One Pager FINANCIAL IMPACT: Effective Date: Upon adoption Expiration Date: n/a Total Dollar Value of Contract: $752,000 Total Cost to County: $752,000 Current Year Portion: $752,00 Budgeted: Yes Source of Funds: Tourist Impact Tax CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: n/a Revenue Producing: n/a Grant: n/a County Match: n/a Insurance Required: n/a Additional Details: If yes, amount: $752,000.00 in Tourist Impact Tax dollars REVIEWED BY: George Neugent Bob Shillinger Budget and Finance Kathy Peters Board of County Commissioners Skipped 04/03/2018 4:46 PM Completed 04/03/2018 4:47 PM Completed 04/03/2018 4:50 PM Completed 04/03/2018 5:00 PM Pending 04/19/2018 9:00 AM S� \/IITH HAWKS / AT LAW April 3, 2018 Robert Shillinger, County Attorney shillinger Monroe County Attorney's Office 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 Re: Florida Keys Community Land Trust request for funding under Florida Statute 380.0666(3)(a) for construction of four (4) affordable housing units in Big Pine Key Dear Bob: As you are aware, our firm represents the Florida Keys Community Land Trust. The Florida Keys Community Land Trust ( "Trust ") is a not- for -profit tax exempt entity set up in the wake of Hurricane Irma to provide affordable housing in the hardest hit areas. To date, the Trust has acquired almost twenty (20) single family lots on Big Pine Key where the single family homes were destroyed by Hurricane Irma. Upon acquisition, the Trust has endeavored to clear the debris from the property and has worked with several not - for - profits in designing and obtaining a cost efficient approach to constructing single family homes in an expedited time - frame. which will allow the hardest hit areas of the Florida Keys to recover. The Trust has determined the most efficient construction of units is the utilization of Structural Insulated Panels ( "SIPS "), which are shipped to the site in panels. assembled on site on piers, which are installed in place upon concrete pilings elevated above base flood elevation and utilize a metal roof system. SIPS homes are built to exceed Monroe County construction codes, including 180+ mph wind rating. From the time of production to completion we anticipate that these units will be capable of occupancy within three (3) months of ordering. Documentation of construction plans and timelines for construction will be forthcoming in a follow up letter. The Trust desires to construct and rent these homes to low income residents and charge 30% of their gross income to cover the costs of operations and maintaining the homes. The rental amount will not include any fixed costs that were used to acquire the real property. In order to construct the SIPS homes, the Trust needs additional funding. The Trust has requested funding from donors, but it is not enough to accomplish the Trust's goals and objectives to rebuild these hardest hit areas and provide affordable housing for residents of Monroe County. The Trust therefore needs partnership with the County to accomplish its goals. 138 SIMONTON STREET, KEY W FLORIDA 33040 UJ SA 00 113 096 - v3 T, 305--296-7227 IM 305 SMITH HAWKS.CO S M T H A I TT AT LAW Therefore, I am writing to you on behalf of the Trust to request binding for construction of four (4) SIPS homes, under the new legislative authority under Florida Statute 380.0666(3)(a) which provides Monroe County the ability to request the Monroe County Land Authority transfer Tourist Impact Tax to Monroe County for use in the construction of affordable housing. The total requested funding is SEVEN HUNDRED FIFTY -TWO THOUSAND DOLLARS (',$752.000.00), for four SIPS homes, or ONE - HUNDRED EIGHTY -EIGHT THOUSAND DOLLARS ($188,000.00) per SIPS home, which is the total soft and hard costs to construct the units. A breakdown of the hard and soft costs associated with construction will be provided in a follow up letter. The parcels selected for the affordable housing SIPS homes are: 1) 31438 Avenue E. Big Pine Key, FL 33043; Parcel ID: 00304320- 000000 2) 31462 Avenue E, Big Pine Key, FL 33043; Parcel ID: 003042 000000 31319 Avenue D, Big Pine Key, FL 33043; Parcel ID: 00304020- 000000 4) 31171 Avenue D, Big Pine Key, FL 33043; Parcel ID: 00303770 - 000000 Attached please find the ROGO exemption letters for each parcel evidencing its ability to be rebuilt as affordable housing. The parcels were previously occupied by home owners who chose to leave after Hurricane Irma due to the destruction to their home and the costs to repair. sled funding, complies with the statutory requirements as the redevelopment of the siri farnily home complies with the local land development regulations and comprehcnsve plan; the property is located within an Area of Critical State Concern; the property acquired has not been selected for purchase through another local, regional, state-, or federal public land ;x�: q�_�isition prt),ra.rr.: al the contribution is not used to improve public transportation facilities or otherwise increase road capacity. 1 can provide documentation of the Trust's 501(c)(3) status or any additional information you or Monroe County staff may need to full evaluate this request upon your of staff's request. The Trust looks forward to working with Monroe County to rebuild homes 6or its citizens and recover from this natural disaster. Please feel free to contact me with any questions or to discuss further. Si G' f, Bryarfi ° Hawks, f Esq. Couttstl for Florida Keys Community Land Trust. cc (via e- mail): Client 138 SI r ONTON STRE=ET KEY WEST, FLORIDA 33040 US.A. Te 305 -295 -7227 F 305 -296 -8448 SMITHHAWKS.CO Count of Monr 1 & Los 4- 60mentsat Resources I }crts rf rMtant 2798 O ersess I IighWtrp. Suit: 410 Maratltorr. Ft 33050 i%oicc: (305) 289 -2500 FAX: (305 'l20- 2536 �9tr We strive to be oaring, professional, anrt pir. 13tjnrd of ('rrmrt� :`"itrnmisxionm NA,i\ or lktA,d Dix ij 1Ct 4 Mayor Pr Tem S) 1v iti J '4lurphy. Distnct Danny I . Kolhage IDistricr 1 C,eorEe Neugeiit Dis.ric:r 2 i Icat'�er Carrudre rs. t3istrsc` November 20, 2017 Michael & Barbara Rice 10 Norfolk Rd Brewster NY 10509 Rys I46@` yahoo.corn RE: ROGO Exemption ;Request File 42017 -RI43 for property located at 31438 Avenue E, Big Pine Key, legally- described as Lot 15, Block 32 Sands Subdivision, flat Book 1, Page 65, ;Monroe County, Florida having Real Estate Number 00304320- 000000 11x. and Mrs. Rice: You requested a determination as to whether one (1) residential &veiling unit(s) is exempt From the Residential Rate of Growth Ordinance (ROGO) on the above - described premises. Pursuant to Section 138 -22 of the Monroe County Land Development Code, the redevelopment, rehabilitation or replacement of any lawfully established dwelling unit or space that does riot increase the number of dwellinn units above that which existed on the site prior to the redevclopn rehabilitation or replacement shall be exempt from the residential ROGO system. For dwelling units that were established prior to the effective date of the ROGO and therefore did not receive a ROGO allocation through the ROGO permit allocation system, the Monroe County Land Development Code requires a body of evidence to support the existence of the dwelling unit on or ahout July 13, 1992, the effective date of the original ROGO. Any Monroe County building permit(s) for the original construction of the structure confirming the existence of the dwelling unit and its use(s) on or about July 13, 1992 can stand as the only piece of evidence for a ROGO exemption. If there, are no building permit(s) for the original construction of the structure, in order to grant an exemption, at least two of the following documents supporting the lawful existence of the dwelling unit must be found: (1) Anv other issued Wonroe County building perrnit(,,Y) supporting the existence cif the slruefure(aJ anti its use(s) on or about.July 13 1992, The following table organizes relevant building permits by date issued: Y!V" a"y' . p ate j xvu 2561 02 -22 -1972 j Double electric service for trailer (a =so included RE4 00304330- . 0(0000) 31474 01 -02- ] 97 fr ai ter tic down ( TTD) A6916 06 -10 -1980 Tra iler tie down (17D) insp ection for insurance 96100839 06 03 -1996 Alter the fact 225 SF deck with sc,reentr .1 xistin mobile homy$. -__ 1710389 06 18 - 2017 1`astewater connection County permits support the existence of the structure(s) and its residential use(s) on or about July 13, 1992. (2) Doczrmerrtatirrrz from the 1Llonroe Couo71} Property Appraiser' s Office indicating residential use on or [tbotrt July 13, 1992. The Property Appraiser currently assesses the property under a property classification code of 02- Mobile Nome and their records indicate that a residential unit has been on the tax roll from 1982 to 2016. One (1) building, with a year built date of 1973, is currently attributed to the property. 1n addition, the property received a homestead exemption from 1.982 to 1993 and from 1997 to 1998. County Property Appt °aiser•'s docutnentatiotl indicates residential use on or about July 13, 1992. (3) .4erial photographs (to confirm the number of structures, not the number or iype of dMrelling units) and original dated photographs shoiving the strueture(s) existed on or about July 13, 1992: Aerial photography from 1975 to 2015 confirms the continuous existence of a structure on the property. As a note, aerial photography can only confirm the number of structures, not the number of dwelling units, in existence at any given time. (4) Residential county directory entries on or about July 13, 1992: Residential county directory entries were reviewed by Planning Department staff For the years 1991 and 1992. The 1 991 or 1992 directory did not have an entry for the subject property's address. (5) Rental, occupant• or lease records on or about Julj: 13, 1992. indicating the number, type and term of the rental or occupancy' NO occupancy or lease records were provided by the applicant for review (6) State anti, %or county licenses on or about July 13, 1992, indicating the number and types of rental units: No state or county licenses were provided by the applicant for rcvicw. (7) Documentation from the utility proviciers indicating the type of service (commercial or resklential) provided and the number of meters in existence on or about Jul). 13, 19P2: Florida Keys :Aqueduct Authority records indicate that residential water service has been provided to one meter on the subject property from November 28, 1976 to present. (Note: Water and or electric service may hav been provided at other times; however records stating such were not provided.) Documentation from the utility proviciers indicating the type of service provided and the number of meters in existence supports the residential use of the subject property on or about July 13, 1992. (b') Similar supporting documentation not listed above as determined suitable b the planning director Land Use, tZon in g)_Di strict: From 1986 to present, the property is located within the Improved Subdivision (IS) Land Use District, in which udetacbcd ms(doodu| dwelling is u permitted um. /\ mobile home io not u permitted or conditional use within this zoning district, 1988 Monroe County Mobile I forrie Study: The 1988 Monroe CuunLY Mobile Home Study records the existence oFa mobile home on the property at that time as Mobile Home Non-Elevated (D'IHNE). Based ona review ofthe records, the Planning & Environmental Resources Department has determined that one (1) dvvw/iog unit is lawfuUy-evtahUahed on the xuhieot property and its replacement wuu|d thereby be exempt from the flO(]O permit allocation oysteou. It' the exempted dWC||iog units are replaced, all existing accessory structures must also be dcnnio|iyhed uoieoo vv,h{ex permission stating otherwise is provided by the Planning & Environmental Kesouru:S Department. This letter does no1 provid� any vesting 10 �zi��in� regulations and the replacement dwelling units and any now ucocoonry structures must be built in compliance with all applicable rogu|u{inoa of the Monroe County Code and Comprehensive Plan at the time of development approval. Funbennnze. if the exempted dwc|(ioA units are not replaced, but substantially improvod as defined in the Monroe County Code, they must be brought into compliance with all applicable regulations. lf You have any questions regarding the contents ofth)o letter nri[| may further assist you, Please |ee/ free to contact the plunoing& Environmental Resources Department at (305) 289-2500. Sioccvo/y, ~, DevinTo|pin,Planner i'lan��in� � E,n�ironmental F2esources Department 2798 Overseas I ighway, Suite 410 Marathon, FL 33050 Voice: (305) 289 -2500 FAX: (305) 289 -2536 December 13, 2017 Rose Dell PO Box 430557 Big Pine Key, FL 33043 Board ofCounh Commissioners Mayor David Rice. District Mayor Pro Tem Sylvia J. Murphy_ Dist. Danny L. Kolhage. r }istricr I George Neugent- District 2 Feather Carruthees. District .i rose @rosedell.com RE: ROGO Exemption Request (File #2017 -R188) for property located at 31462 Avenue E, Big Pine Key Block 32, Lot 12, Sands Subdivision RE 00304290- 000000. Ms. Dell: You requested a determination as to whether one (1) residential dwelling unit is exempt from the Residential Rate of Growth Ordinance (ROGO) on the above - described premises. Pursuant to Section 138 -22 of the Monroe County Land Development Code, the redevelopment, rehabilitation or replacement of any lawfully established dwelling unit or space that does not increase the number of dwelling units above that which existed on the site prior to the redevelopment, rehabilitation or replacement shall be exempt from the residential ROGO system. For dwelling units that were established prior to the effective date of the ROGO and therefore did not receive a ROGO allocation through the ROGO permit allocation system, the Monroe County Land Development Code requires a body of evidence to support the existence of the dwelling unit on or about July 13, 1992, the effective date of the original ROGO. Any Monroe County building permit(s) for the original construction of the structure confirming the existence of the dwelling unit and its use(s) on or about .July 13, 1992 can stand as the only piece of evidence for a ROGO exemption. No building permit(s) or certificate of occupancy was provided by the applicant or found by staff in the County records confirming the existence of the dwelling unit and its use(s) on or about .July 13, 1992. If there are no building permit(s) for the original construction of the structure, in order to grant an exemption, at least two of the following documents supporting the lawful existence of the dwelling unit must be found: (1) Anv other issued Monroe County building permit (.5) supporting the existence of the stractzrre(s) and its use(s) on or about,Iuly 13, 1992: The following table organizes relevant building permits by date issued: I'� °rtrtit ��e�. '17crte d Deycri t n � 25609 2/26/1972 _ 60 a n�p electric service to trailer County of Mon i f ! ` We strive to be caring; professional and fair ROGO Exemption Request File # [2017- R188], [31462 Avenue E], [BPK] Pay Packet Pg. 1766 Perrnit Mo.' czte Is.sr Decri tii�rr E�763 1 1/2411975 Patio slab and trailer tie down 941000466 4/1911994 Mobi home roof °over 021 -04446 10/912002 Electric, service riser County permits support the existence of the structure(s) and its residential use(s) on or about July 13, 1992. (2) Documentation, fi °om the Monroe County Property Appraiser's Office indicating residential use on or about July 13, 1992: The Property Appraiser currently assesses the property under a property classification code of 02- Mobile Home and their records indicate that a residential unit has been on the tax roll from 1982 to 1999 and from 2014 to 2017. One (1) building, with a year built date of 1976, is currently attributed to the property. In addition, the property received a homestead exemption from 1995 to 1999. County Property Appraiser's documentation indicates residential use on or about .luly 13, 1992 (3) Aerial photographs (to confirm the number of structures, not the number or type of dwelling units) and original dated photographs showing the structures) existed on or about .July 13, 1992: Aerial photography from 1981 to 2015 confirms the continuous existence of a structure on the property. As a note, aerial photography can only confirm the number of structures, not the number of dwelling units, in existence at any given time. (4) Residential county directory entries on or about July 13, 1992: Residential county directory entries were reviewed by Planning Department staff for the years 1991 and 1992. The 1991 and 1992 directories did not have an entry for the subject property's address. Rental, occupancy or lease records on or aboutJuly 13, 1992, indicating the number, type and term of the rental or occupancy: No occupancy or lease records were provided by the applicant for review. (5) State and /or county licenses on or aboutJuly 13, 1992, indicating the number and types of rental units. No state or county licenses were provided by the applicant for review. (6) Documentation from the utility providers indicating the type of service (commercial or residential) provided and the number of meters in existence on or about July 13, 1992: Keys Energy Services records indicate that electric service was provided in 2017. (7) Similar supporting documentation not listed above as determined suitable by the planning director. Land Use (Zoning) District From 1986 to present, the property is located in an Improved Subdivision (IS), in which a detached residential dwelling is a permitted use. RU -1, single family residential was the zoning from 1973 to 1986. 1988 Monroe County Mobile Home Studv The 1988 Monroe County Mobile Home Study does record the existence of a mobile home on the property at that time. ROGO Exemption Request File # [2017- R188], [31462 Avenue E], [BPI Pa I Packet Pg. 1767 Based on a review of the records, the Planning & Environmental Resources Department has determined that one (1) dwelling unit is lawfully - established on the subject property and its replacement would thereby be exempt from the ROGO permit allocation system. If the exempted dwelling units are replaced, all existing accessory structures must also be demolished unless written permission stating otherwise is provided by the Planning & Environmental Resources Department. This letter does not provide any vesting to existing regulations and the replacement dwelling units and any new accessory structures must be built in compliance with all applicable regulations of the Monroe County Code and Comprehensive Plan at the time of development approval. Furthermore, if the exempted dwelling units are not replaced, but substantially improved as defined in the Monroe County Code, they must be brought into compliance with all applicable regulations. If you have any questions regarding the contents of this letter or if I may further assist you, please feel free to contact the Planning & Environmental Resources Department at (305) 289 -2500. Sincerely, Liz Lustberg, Planner ROGO Exemption Request File # [2017- R] 88], [31462 Avenue E], [BPK] Pa Packet Pg. 1768 ffi5k County of Monroe Growth Management Division Phan 2798 Overseas Highway, Suite 4 Marathon, FL 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 We stripe to be caring, professional and fair N ;M - - W Barbara Harrison 31031 Avenue A Bie Pine Kev. FLm# L 'Vtayor M ario Di Gennaro, Dist. 4 Mayor Pro Tern Dixie Spehar, Dist I George Neugent, Dist. 2 Charles "Sonny" McCoy, Dis 3 Sylvia J. Murphy, Dist. 5 RE: ROGO Exemption Request for 31319 Avenue D, Big Pine Key, Mile Marker '01 Block 31, Lot 1, Sands Subdivision (Real Estate Number: 00304020.000000) Ms. Harrision, You requested a determination as to whether one (1) residential unit is exempt from. the Residential Rate of Growth Ordinance (ROGO) on the above-described premises. $A I I The property is located in an Improved Subdivision (IS) Land Use District. A single-family, detached dwelling unit is a permitted use in the 15 District, New mobile homes are not permitted in the IS District. Prior to 1986, the property was within a RU-5 District (Mobile Home Residential). A site visit was conducted by a Monroe County Senior Planning Technician, Bill Harbert, on November 17,2006. One occupied mobile home was observed. The following Building Permit(,-,) were found for RE11M0400.000000: Permit Number [ Date rssiiec, A-6666 54-(F9-_1980 021-4516 1 10-10-2002 uescrVion Install roof over mobile home Replace exjstin� 3 ton air handler The Monroe County Property Appraiser's records indicate that a residential unit has been on the tax roll from 1982 to present. The year built of the existing structure is indicated as 1970. In addition, the property received a homestead exemption from 1982 until 2001. The [Monroe County 1988 mobile home study indicated that one non-elevated mobile home existed on the property. 4 In aerial photography from 1984 and 1989, a structure is visible on the property. ROGO Exemption Request for 31319 Avenue D, Big Pine Key, Mile Marker 31 Page I of 2 Block 31, Lot 1, Sands, Subdivision (Real Estate Number: 00304020.000000) Keys Energy Services records indicate that electric service was initiated to 31319 Avenue D in 1972 and remains active. Based on our review of the records, once all existing structures are demolished, one (1) residential unit may be rebuilt conforming to all current Monroe County Codes without going through ROGO. Pursuant to Section 9.5-42) of the Monroe County Code you are entitled to rely upon the representations set forth in this letter as accurate under the regulations currently in effect. Please feel free to contact the Planning & Envirormental Resources Department at (305) 289- 2500 if you have any questions. a ROGO Exemption Request for 31319 Avenue D, Big Pine Key . Mile Marker 31 Page 2 of Z Block 31, Lot L, Sands Subdivision (Real Estate Number: 00304020,000000) �# of # #- Ilia ne f nyir °on mental Resoui °ccs Department 2798 Overseas Highway. Suite 410 Marathon, FL 33050 Voice: (305) 289 -2500 FAX: (305) 289 -2536 ,.. Board of County Commissioners ,Mayor David Rim Disirict 4 Mayor Pro Tem Sylvia.). Morph %. District 5 Danny L. Kolhage. District 1 George Neugent. District 2 Heather Carruthers. District 3 We strive to be caring, professional, and fair. February 14, 2018 Patricia Bridges 2919 Staples Ave Key West, FL 33040 Ichocolatecake a gmail.corn RE: ROGO Exemption Request (File #2018 -R042) for property located at 31171 Avenue D, Big Pine Key, legally described as Lot 8, Square 29, Sands Subdivision, according to the Plat thereof, as recorded in Plat Book 1, Page 65, of the Public Records of Monroe County, Florida having Real Estate Number 00303770 - 000000 Ms. Bridges: You requested a determination as to whether one (1) residential dwelling unit(s) is exempt from the Residential Rate of Growth Ordinance (ROGO) on the above - described premises. Pursuant to Section 138 -22 of the Monroe County Land Development Code, the redevelopment, rehabilitation or replacement of any lawfully established dwelling unit or space that does not increase the number of dwelling units above that which existed on the site prior to the redevelopment, rehabilitation or replacement shall be exempt from the residential ROGO systern. For dwelling units that were established prior to the effective date of the ROGO and therefore did not receive a ROGO allocation through the ROGO permit allocation system, the Monroe County Land Development Code requires a body of evidence to support the existence of the dwelling unit on or about July 13, 1992, the effective date of the original ROGO. Any Monroe County building permit(s) for the original construction of the structure confirming the existence of the dwelling unit and its use(s) on or about July 13, 1992 can stand as the only piece of evidence for a ROGO exemption. Building permit no. 90101982, issued 01 -02 -1991 for the replacement of an existing mobile ]ionic and Certificate of Occupancy issued 05 -04 -1993 confirm the existence of the dwelling unit and its use on or about July 13, 1992. Land Use (Zoning) District From 1986 to present, the property is located within the Improved Subdivision (IS) Land Use District, in which a detached residential dwelling unit is a permitted use. A mobile home is not a permitted or conditional use within this zoning district. Based on a review of the records, the Planning & Environmental Resources Department has determined that one (1) dwelling unit is lawfully - established on the subject property and its replacement would thereby be exempt from the ROGO permit allocation system. If the exempted dwelling units are replaced, all existing accessory structures must also be demolished unless written permission stating otherwise is provided by the Planning & Environmental Resources Department. This letter does not provide any vesting to existing regulations and the replacement dwelling units and any new accessory structures must be built in compliance with all applicable regulations of the Monroe County Code and Comprehensive Plan at the time of development approval. Furthermore, if the exempted dwelling units are not replaced, but substantially improved as defined in the Monroe County Code, they must be brought into compliance with all applicable regulations. If you have any questions regarding the contents of this letter or if I may further assist you, please feel free to contact the Planning & Environmental Resources Department at (305) 289 -2500. Sincerely, Devin Tolpin, Planner M.2.b F L O R I D A H O U S E O F R E P R E S E N T A T I V ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 1 CD 2 An act relating to lands used for governmental CD 3 purposes; amending s. 253.025, F.S.; providing 4 conditions under which specified appraisal standards 5 are required, and such appraisal be provided to the 6 seller, for the acquisition of lands for the purpose 7 of buffering military installations against L 8 encroachment; authorizing such lands to be leased or 9 conveyed for less than appraised value to military M 10 installations; providing requirements for such leasing 4- 11 and conveyance; authorizing the use of certain funding 12 sources for the immediate acquisition of lands that M 13 prevent or satisfy private property rights claims L 14 within areas of critical state concern; authorizing 15 the board of trustees to waive certain procedures for 16 land acquisition for such lands; providing procedures 17 for estimating the value of such lands under certain 18 conditions; amending s. 259.045, F.S.; authorizing the 19 Department of Environmental Protection to acquire 20 certain conservation and recreation lands to prevent L 21 or satisfy private property rights claims within areas 22 of critical state concern; providing procedures for r 23 estimating the value of such lands under certain 24 conditions; amending s. 259.105, F.S.; including 25 natural disaster and flood mitigation as criteria for Page 1 of 16 CODING: Words -str-4,&R are deletions; words underlined are additions. hb1173 -05 -er M.2.b F L O R I D A H O U S E O F R E P R E S E N T A T I V ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 26 assessing certain projects and land acquisitions under CD 27 the Florida Forever Act; amending s. 288.980, F.S.; CD 28 requiring the Department of Economic Opportunity to 29 annually request state military installations to 30 provide a certain list before a specified date; 31 requiring the department to submit such list to the 32 Florida Defense Support Task Force; requiring the task L 33 force to annually review such list and provide certain 34 recommendations by a specified date; requiring the M 35 department to annually submit a certain list to the 4- 36 Board of Trustees of the Internal Improvement Trust 37 Fund, for certain purposes; providing requirements for M 38 the annual list; revising the definition of the term L 39 "nonconservation lands "; amending s. 380.0555, F.S.; 40 revising the legislative intent of the Apalachicola 41 Bay Area Protection Act; amending s. 380.0666, F.S.; 42 authorizing land authorities to contribute tourist 43 impact tax revenues to counties to pay for project 44 costs relating to the construction, redevelopment, and 45 preservation of certain affordable housing; amending 46 s. 380.508, F.S.; requiring that urban greenways and 47 open space projects undertaken, coordinated, or funded r 48 by the Florida Communities Trust meet certain 49 criteria; amending s. 380.510, F.S.; conforming a 50 cross - reference; providing an effective date. Page 2 of 16 CODING: Words -str-.4,&R are deletions; words underlined are additions. hb1173 -05 -er M.2.b F L O R I D A H O U S E O F R E P R E S E N T A T I V ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 51 52 Be It Enacted by the Legislature of the State of Florida: CD 53 54 Section 1. Subsection (23) of section 253.025, Florida 55 Statutes, is renumbered as subsection (25), subsections (21) and 56 (22) of that section are amended, and new subsections (23) and 57 (24) are added to that section, to read: 58 253.025 Acquisition of state lands.— _ 59 (21) The board of trustees may acquire, pursuant to s. M 60 288.980(2)(b), nonconservation lands from the annual list 61 submitted by the Department of Economic Opportunity for the 62 purpose of buffering a military installation against M 63 encroachment. L 64 (b) If federal partnership funds are available before the 65 military installation buffer land is acquired, the Division of 66 State Lands shall apply yellow book appraisal standards and must 67 disclose the appraised value to the seller. 68 (c) Following acquisition of the military installation 69 buffer land, the board of trustees is authorized, in accordance 70 with the installation's procedures, the laws of this state, and L 71 the terms of the management and monitoring agreement provided in 72 s. 288. 980 (2) (b) , to: r 73 1. Convey the land at less than appraised value to the 74 military installation; 75 2. Lease the land at less than appraised or market value Page 3 of 16 CODING: Words -str-4,&R are deletions; words underlined are additions. hb1173 -05 -er M.2.b F L O R I D A H O U S E O F R E P R E S E N T A T I V ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 76 to the military installation; or CD 77 3. Lease the land at rates determined by competitive bid, CD Go 78 which may be less than appraised or market value, to private 79 entities to conduct agricultural or silvicultural operations 80 under terms requiring approval of the military installation and 81 that must implement the best management practices applicable to 82 such operations as adopted by the Department of Agriculture and L 83 Consumer Services. 84 (d) A conveyance at less than appraised value must state = M 4- 85 that the land will revert to the board of trustees if the land 86 is not used for its intended purposes as a military installation 87 buffer or if the military installation closes. M 88 (22) The board of trustees, by an affirmative vote of at L 89 least three members, may direct the Department of Environmental 90 Protection to purchase lands on an immediate basis using up to 91 15 percent of the funds allocated to the department pursuant to 92 s. 259.105 for the acquisition of lands that: 93 (a) Are listed or placed at auction by the Federal 94 Government as part of the Resolution Trust Corporation sale of 95 lands from failed savings and loan associations; L 96 (b) Are listed or placed at auction by the Federal 97 Government as part of the Federal Deposit Insurance Corporation r 98 sale of lands from failed banks; e-r- 99 (c) Will be developed or otherwise lost to potential 100 public ownership, or for which federal matching funds will be Page 4 of 16 CODING: Words -str-4,&R are deletions; words underlined are additions. hb1173 -05 -er M.2.b F L O R I D A H O U S E O F R E P R E S E N T A T I V ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 101 lost, by the time the land can be purchased under the program CD 102 within which the land is listed for acquisition or CD Go 103 (d) Will prevent or satisfy private property rights claims 104 resulting from limitations imposed by the designation of an area 105 of critical state concern pursuant to chapter 380 106 107 Fezaidel-, .. 4 ti-, ti . ,... 4�iaid t ae s4:4�4: -e s , e r-4 ef- e ei 108 €eL= lamss_c isiti-en t tti-.; Le L=_s L=eel 1i= piaL=su-,nt 109 teL t=ie eid iaL `"ia t t-e el-,aL air pL=e L= LeEfa± ee -a = M 4- 110 el-,a ±cam2 — anel28 . Lands acquired pursuant to this subsection 111 must, at the time of purchase, be on one of the acquisition 112 lists established pursuant to chapter 259, or be essential for M 113 water resource development, protection, or restoration, or a L 114 significant portion of the lands must contain natural 115 communities or plant or animal species that are listed by the 116 Florida Natural Areas Inventory as critically imperiled, 117 imperiled, or rare, or as excellent quality occurrences of 118 natural communities. 119 (23) The board of trustees, by an affirmative vote of at 120 least three members, may direct the division to purchase lands L 121 on an immediate basis that will prevent or satisfy private 122 property rights claims resulting from limitations imposed by the 123 designation of an area of critical state concern pursuant to r 124 chapter 380. 125 (24) For acquisitions directed pursuant to subsection (22) Page 5 of 16 CODING: Words -str-4,&R are deletions; words underlined are additions. hb1173 -05 -er M.2.b F L O R I D A H O U S E O F R E P R E S E N T A T I V ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 126 or subsection (23): 127 (a) The board of trustees may waive or modify all CD Go procedures required for land acquisition pursuant to this 128 129 chapter and all competitive bid procedures required pursuant to 130 chapters 255 and 287; and 131 (b) If a parcel is estimated to be worth $500,000 or less 132 and the director of the Division of State Lands finds that the L 133 cost of an outside appraisal is not justified, a comparable 134 sales analysis, an appraisal prepared by the division, or other = M 135 reasonably prudent procedure may be used by the division to 136 estimate the value of the land, provided the public interest is 137 reasonably protected. M 138 Section 2. Subsection (6) of section 259.045, Florida L 139 Statutes, is amended to read: 140 259.045 Purchase of lands in areas of critical state 141 concern; recommendations by department and land authorities. - 142 Within 45 days after the Administration Commission designates an 143 area as an area of critical state concern under s. 380.05, and 144 annually thereafter, the Department of Environmental Protection 145 shall consider the recommendations of the state land planning _ 146 agency pursuant to s. 380.05(1)(a) relating to purchase of lands 147 within an area of critical state concern or lands outside an r 148 area of critical state concern that directly impact an area of 149 critical state concern, which may include lands used to preserve 150 and protect water supply, and shall make recommendations to the Page 6 of 16 CODING: Words -str-4,&R are deletions; words underlined are additions. hb1173 -05 -er M.2.b F L O R I D A H O U S E O F R E P R E S E N T A T I V ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 151 board with respect to the purchase of the fee or any lesser CD 152 interest in any such lands that are: CD Go 153 (6) Lands used to prevent or satisfy private property 154 rights claims resulting from limitations imposed by the 155 designation of an area of critical state concern if the 156 acquisition of such lands fulfills a public purpose listed in s. 157 259.032(2) or if the parcel is wholly or partially, at the time 158 of acquisition, on one of the board's approved acquisition lists 159 established pursuant to this chapter. For the purposes of this = M 160 subsection, if a parcel is estimated to be worth $500,000 or 161 less and the director of the Division of State Lands finds that 162 the cost of an outside appraisal is not justified, a comparable M 163 sales analysis, an appraisal prepared by the Division of State L 164 Lands, or other reasonably prudent procedures may be used by the 165 Division of State Lands to estimate the value of the parcel, 166 provided the public's interest is reasonably protected 167 168 The department, a local government, a special district, or a 169 land authority within an area of critical state concern may make 170 recommendations with respect to additional purchases which were L 171 not included in the state land planning agency recommendations. 172 Section 3. Paragraph (i) is added to subsection (4) of r r 173 section 259.105, Florida Statutes, to read: 174 259.105 The Florida Forever Act. — 175 (4) It is the intent of the Legislature that projects or Page 7 of 16 CODING: Words -str-4,&R are deletions; words underlined are additions. hb1173 -05 -er M.2.b F L O R I D A H O U S E O F R E P R E S E N T A T I V ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 176 acquisitions funded pursuant to paragraphs (3)(a) and (b) CD 177 contribute to the achievement of the following goals, which CD Go 178 shall be evaluated in accordance with specific criteria and 179 numeric performance measures developed pursuant to s. 180 259.035 (4) : 181 (i) Mitigate the effects of natural disasters and floods 182 in developed areas, as measured by: L 183 1. The number of acres acquired within a 100 -year 184 floodplain or a coastal high hazard area; M 185 2. The number of acres acquired or developed to serve dual 0 186 functions as: 187 a. Flow ways or temporary water storage areas during M 188 flooding or high water events, not including permanent L 189 reservoirs; and 190 b. Greenways or open spaces available to the public for 191 recreation; M 192 3. The number of acres that protect existing open spaces 193 and natural buffer areas within a floodplain that also serve as 194 natural flow ways or natural temporary water storage areas; and 195 4. The percentage of the land acquired within the project L 196 boundary that creates additional open spaces, natural buffer 197 areas, and greenways within a floodplain, while precluding 198 rebuilding in areas that repeatedly flood. r 199 200 Florida Forever projects and acquisitions funded pursuant to Page 8 of 16 CODING: Words -str-4,&R are deletions; words underlined are additions. hb1173 -05 -er M.2.b F L O R I D A H O U S E O F R E P R E S E N T A T I V ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 201 paragraph (3)(c) shall be measured by goals developed by rule by CD 202 the Florida Communities Trust Governing Board created in s. CD 203 380.504. 204 Section 4. Paragraphs (b) and (c) of subsection (2) of 205 section 288.980, Florida Statutes, are amended to read: 206 288.980 Military base retention; legislative intent; 207 grants program.— 208 (2) ® 209 (b) The department shall annually request military Z 210 installations in the state to provide the department with a list 211 of base buffering encroachment lands for fee simple or less- 212 than -fee simple acquisitions before October 1. Z 213 2. The department shall submit the list of base buffering L 214 encroachment lands to the Florida Defense Support Task Force, 215 created in s. 288.987. 216 3. The Florida Defense Support Task Force shall, annually 217 by December 1, review the list of base buffering encroachment 218 lands submitted by the military installations and provide its 219 recommendations for ranking the lands for acquisition to the 220 department. 221 4. The department shall annually submit the list of base 222 buffering encroachment lands provided by the Florida Defense 223 Support Task Force to the Board of Trustees of the Internal r 224 Improvement Trust Fund, which may acquire the lands pursuant to 225 s. 253.025. At a minimum, the annual list must contain for each Page 9 of 16 CODING: Words -str-4,&R are deletions; words underlined are additions. hb1173 -05 -er F L 0 R I D A H 0 U S E 0 F R E P R E S E N T A T I V ENROLLED CS/CS/HB1173, Engrossed 2 2018 Legislature 226 recommended land acquisition: 227 a. A legal description of the land and its property CD 228 identification number; M 229 b. A detailed map of the land; and 0 230 C. A management and monitoring agreement to ensure the 231 land serves a base buffering purpose !471-ie 4epa� at annidaI4-�f 0 232 sc ✓ffim64� a 44s4� 4�e 4�1-,e n;eaiF4 emg T-iadstees efz 4�1-le Tn4�eianal 0 233 !FftpL=eveFftent- TL=ast Panel lanels te ef neneenseL=vatien aeEfaiL=e, 234 te fee sialejeet a speeifie appL=epL=iatien, siFftple piaL=el-'ase M 4- 235 t-1-,L=eaEff1-, less-tl-,an-fee inteL=est feL= tl-,e L- eL= per petiaal, piaL=el-,as:, 0 4- 236 piaL=pese ef leaffeL=ing a FftilitaL=y installatien against 237 Tl-,e BeaL=el TL=astees tl-,e inteL=nal !FftpL=eveFftent M eneL=eae1-,Fftent-. ef e 238 TL=ast Panel tl-,e t ti sl- ,all alse eensieleL= L=eeeFRFRenelatiens ef 2 239 FleL=iela Defense SiappeL=t Task FeL=ee, in 288.98_, �z eL=eateel s. 240 lanels te fer- tl-,e seleeting neneenseL=valien piaL=el-,ase piaL=pese ef 241 installatien seeaL=±ng anel pr-eteeting a FftilitaL=y against M E 242 Tl-,is tl-,e E eneL=eae1-,F ftent-. elees net pL=eeliaele aeEfiaisitien 0 243 Amanels ley leeal fee ef siael-, geveL=nFftents siFftple pia L=el-'ase 244 t-1-,L=eaEff1-, less-tl-,an-fee inteL=est feL= tl-,e eL= per petiaal, piaL=el-,as:, 245 piaL=pese ef leaffeL=ing a FftilitaL=y installatien against 246 eneiaeael-iffient. .2 247 (c) As used in this subsection, the term "nonconservation 248 lands" means lands acquired for uses other than conservation, 249 outdoor resource-based recreation, or archaeological or historic E 250 preservation net sic�jeet te ae ejidm6sm6tm6en let Fleiam64a Feiae;o;e-ia- Page 10 of 16 CODING: Words -str-4 &R are deletions; words underlined are additions. hbl 173-05-er M.2.b F L O R I D A H O U S E O F R E P R E S E N T A T I V ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 251 gym - CD J 252 Section 5. Paragraphs (h) and (i) are added to subsection CD 253 (2) of section 380.0555, Florida Statutes, to read: 254 380.0555 Apalachicola Bay Area; protection and designation 255 as area of critical state concern.— 256 (2) LEGISLATIVE INTENT. —It is hereby declared that the 257 intent of the Legislature is: L 258 (h) To provide affordable housing in close proximity to 259 places of employment in the Apalachicola Bay Area. M 260 (i) To protect and improve the water quality of the 261 Apalachicola Bay Area through federal, state, and local funding 262 of water quality improvement projects, including the M 263 construction and operation of wastewater management facilities L 264 that meet state requirements. 265 Section 6. Subsection (3) of section 380.0666, Florida 266 Statutes, is amended to read: M 267 380.0666 Powers of land authority. —The land authority 268 shall have all the powers necessary or convenient to carry out 269 and effectuate the purposes and provisions of this act, 270 including the following powers, which are in addition to all 271 other powers granted by other provisions of this act: 272 (3) To acquire and dispose of real and personal r r 273 property or any interest therein when such acquisition is 274 necessary or appropriate to protect the natural environment, 275 provide public access or public recreational facilities, Page 11 of 16 CODING: Words -str-.4,&R are deletions; words underlined are additions. hb1173 -05 -er M.2.b F L O R I D A H O U S E O F R E P R E S E N T A T I V ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 276 preserve wildlife habitat areas, provide affordable housing to CD 277 families whose income does not exceed 160 percent of the median CD Go 278 family income for the area, prevent or satisfy private property 279 rights claims resulting from limitations imposed by the 280 designation of an area of critical state concern, or provide 281 access to management of acquired lands; to acquire interests in 282 land by means of land exchanges; to contribute tourist impact L 283 tax revenues received pursuant to s. 125.0108 to the county in 284 which it is located and its most populous municipality or the = M 4- 285 housing authority of such county or municipality, at the request 4- 286 of the county commission or the commission or council of such 287 municipality, for the construction, redevelopment, or M 288 preservation of affordable housing in an area of critical state L 289 concern within such municipality or any other area of the 290 county to contribute funds to the Department of Environmental 291 Protection for the purchase of lands by the department; and to 292 enter into all alternatives to the acquisition of fee interests 293 in land, including, but not limited to, the acquisition of 294 easements, development rights, life estates, leases, and 295 leaseback arrangements. However, the land authority shall make L 296 an acquisition or contribution only if: 297 1.+a} Such acquisition or contribution is consistent with r 298 land development regulations and local comprehensive plans 299 adopted and approved pursuant to this chapter; 300 2.+e+ The property acquired is within an area designated Page 12 of 16 CODING: Words -str-4,&R are deletions; words underlined are additions. hb1173 -05 -er M.2.b F L O R I D A H O U S E O F R E P R E S E N T A T I V ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 301 as an area of critical state concern at the time of acquisition CD 302 or is within an area that was designated as an area of critical CD Go 303 state concern for at least 20 consecutive years before piam6-eia t-e 304 removal of the designation; 305 3.{e} The property to be acquired has not been selected 306 for purchase through another local, regional, state, or federal 307 public land acquisition program. Such restriction does not L 308 apply if the land authority cooperates with the other public 309 land acquisition programs which listed the lands for M 310 acquisition, to coordinate the acquisition and disposition of 4- 311 such lands. In such cases, the land authority may enter into 312 contractual or other agreements to acquire lands jointly or for M 313 eventual resale to other public land acquisition programs; and L 314 4.-(-d} The acquisition or contribution is not used to 315 improve public transportation facilities or otherwise increase 316 road capacity to reduce hurricane evacuation clearance times. 317 (b) To use revenues received pursuant to s. 125.0108 to 318 pay costs related to affordable housing projects, including: 319 1. The cost of acquiring real property and any buildings 320 thereon, including payments for contracts to purchase L 321 properties; 322 2. The cost of site preparation, demolition, environmental 323 remediation that is not reimbursed by another governmental r 324 funding program, and development; 325 3. Professional fees in connection with the planning, Page 13 of 16 CODING: Words -str-4,&R are deletions; words underlined are additions. hb1173 -05 -er M.2.b F L O R I D A H O U S E O F R E P R E S E N T A T I V ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 326 design, and construction of the project, such as those of CD 327 architects, engineers, attorneys, and accountants; CD 328 4. The cost of studies, surveys, and plans; _ 329 5. The cost of the construction, rehabilitation, and 330 equipping of the project, excluding permit and impact fees and 331 mitigation requirements; 332 6. The cost of on -site land improvements, such as 333 landscaping, parking, and ingress and egress, excluding permit 334 and impact fees and mitigation requirements; and M 335 7. The cost of offsite access roads, except those required 336 to meet hurricane evacuation clearance times. 337 Section 7. Paragraph (f) of subsection (4) of section M 338 380.508, Florida Statutes, is redesignated as paragraph (g) , and L 339 a new paragraph (f) is added to that subsection, to read: 340 380.508 Projects; development, review, and approval. — 341 (4) Projects or activities which the trust undertakes, 342 coordinates, or funds in any manner shall comply with the 343 following guidelines: 344 (f) The purpose of urban greenways and open space projects 345 shall be to provide recreational opportunities, promote L 346 community interaction, and connect communities. Urban greenways 347 and open space projects may also serve dual functions as flow 348 ways or temporary water storage areas, not including permanent r 349 reservoirs, to mitigate natural disasters and floods in 350 developed areas. Page 14 of 16 CODING: Words -str-4,&R are deletions; words underlined are additions. hb1173 -05 -er M.2.b F L O R I D A H O U S E O F R E P R E S E N T A T I V ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 351 352 Project costs may include costs of providing parks, open space, CD 353 public access sites, scenic easements, and other areas and 354 facilities serving the public where such features are part of a 355 project plan approved according to this part. In undertaking or 356 coordinating projects or activities authorized by this part, the 357 trust shall, when appropriate, use and promote the use of L 358 creative land acquisition methods, including the acquisition of 359 less than fee interest through, among other methods, M 360 conservation easements, transfer of development rights, leases, 361 and leaseback arrangements. The trust shall assist local 362 governments in the use of sound alternative methods of financing M 363 for funding projects and activities authorized under this part. L 364 Any funds over and above eligible project costs, which remain 365 after completion of a project approved according to this part, 366 shall be transmitted to the state and deposited into the Florida 367 Forever Trust Fund. 368 Section 8. Paragraph (d) of subsection (3) of section 369 380.510, Florida Statutes, is amended to read: 370 380.510 Conditions of grants and loans.— L 371 (3) In the case of a grant or loan for land acquisition, 372 agreements shall provide all of the following: r 373 (d) If any essential term or condition of a grant or loan 374 is violated, title to all interest in real property acquired 375 with state funds shall be conveyed or revert to the Board of Page 15 of 16 CODING: Words -str-4,&R are deletions; words underlined are additions. hb1173 -05 -er F L O R I D A H O U S E O F ENROLLED CS /CS /HB 1173, Engrossed 2 2018 Legislature 376 Trustees of the Internal Improvement Trust Fund. The trust shall 377 treat such property in accordance with s. 380.508(4)(g) 378 379 380 Any deed or other instrument of conveyance whereby a nonprofit 381 organization or local government acquires real property under 382 this section shall set forth the interest of the state. The 383 trust shall keep at least one copy of any such instrument and 384 shall provide at least one copy to the Board of Trustees of the 385 Internal Improvement Trust Fund. 386 Section 9. This act shall take effect upon becoming a law. Page 16 of 16 CODING: Words -str-4,&R are deletions; words underlined are additions. M.2.b R E P R E S E N T A T I V hb1173 -05 -er ABOUT THE HOMES Permanent homes meet or exceed X", requires building codes. Mimi IN F*AJ Unit Sizes: 2 bed (760 sq. ft.) and 3 bed (1092 sq. ft.) units Phase 1: Four, 2 bed homes under construction in Big Pine Key THE PROBLEM Hurricane Irma magnified the affordable housing crisis in Monroe County. THE SOLUTION Get started by developing privately funded permanently affordable rental housing. THE PLAN Assemble a team of leading national experts to execute the vision; fundraise to support the plan; seek public/ private partnership to grow project. The Florida Housing Coalition, the foremost affordable housing advocate in Florida, provides training and technical assistance