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Item S10C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting June 20, 2018 Agenda Item Number: S.10 Agenda Item Summary #4359 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Peter Morris (305) 289 -2584 N/A AGENDA ITEM WORDING: Approval of a 99 -year Ground Lease between Monroe County and Florida Keys Community Land Trust, Inc., for one parcel of land on Big Pine Key (RE No. 00304020 - 000000), on which one renter - occupied affordable - rental, low- income employee housing unit will be built. ITEM BACKGROUND: The property is located between Avenue D and Avenue E on Big Pine Key. On April 19th the Board approved execution of a contract to acquire the property. The proposed lease is necessary to close on the County's contract to purchase the property, and provides for one renter - occupied affordable rental, low- income employee housing unit. A permit has been issued to commence construction on the unit. PREVIOUS RELEVANT BOCC ACTION: 4/19/18 Approval to execute contract to acquire the property. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: EXECUTED Ground Lease (Lot 1, Block 31) 31319 Ave D BPK FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Emily Schemper Completed 06/12/2018 3:00 PM Peter Morris Completed 06/12/2018 3:32 PM Bob Shillinger Completed 06/12/2018 3:53 PM Budget and Finance Completed 06/12/2018 4:59 PM Maria Slavik Completed 06/12/2018 6:01 PM Kathy Peters Completed 06/12/2018 6:11 PM Board of County Commissioners Pending 06/20/2018 9:00 AM d % + fi # «rwy} +yam S « ©? © 71 51.2 WOOM W 101 V ren re�- I M Article Title Page No. I Definitions 4 H Demised Premises 7 III Term 8 IV Rent 8 V Non-Subordination 9 VI Payment of Taxes and Utilities 9 VII Mechanics'Lies 12 VIII Governing Law, Cumulative Remedies 13 Ix Indemnification of Lessor 1 3 X Insurance 1 4 X1 Insurance Premiums 1 7 Xil Assignment/Transfer 1 7 XIII Condemnation 19 XIV Construction 20 XV Mortgage Financing 22 XVI Default 25 XVII Repair Obligations 27 XVIII Additional Covenants of Lessee/ Lessor 27 XIX No Unlawful or Immoral Purpose or Use 29 YIX Miscellaneous 29 Exhibit "A" Legal Description 37 Exhibit "B" Commencement Date Agreement 38 A WMERM, Exhibit 66c" Letter of 4 MI S, 0-M M 1 0` -41MUNI 11111112 r e MAK I "Lessee," "Initial Lessee," or "Occupant"). 1 13 X1101MA WHERFAS, Lessor is the owner in fee simple of the property (hereinafter dd property" or "Property") located at what is now known as: 0 1r# "MIAND IF - e - illimber 00 30402 0- 000000, with a current address Ot 313 ni Big Pine Key, Florida 33043); k �� X I ♦ I I M 111 - �ii I , "I"M 0TWIMMM, The singular includes the plural and the plural includes the singularwhen referenced herein. L� H Td! v 43, ug a I VA, 1, 4 W 01W 11 Wa t WSH'' Rental, Low-Income Employee Housing Restriction and Affordable-Employee Housfi. 1t.estriction. "Affordable Rental, Low-Income Housing Restriction" shall mean a dwelling unit represents up to 8o percent of the monthly median adjusted household income for the county. improvements erected thereon. "L ease s h a ll Rd 1 ## beginning ' # i' this Lease. 7 / is m*» s mean the Commenceme *««.»¥ ««Sv «:yS n i n ety- n ine (9 ear thereafter l» any agreed upon e of this Le and m«r oth erwise per by Less all Subleases and r int t . «< \?¥ ther s \ term inate at the end of the Ter }IiRTd 2 0 «» ?> » ® © »— <}: The Monroe Co nty Comprehen Plan the Monroe County Code o Ordinances and Monroe County £4«d Development C and a o ap governmental now existing which .d hereafter exist reason !»\©le i ,= y�Lease; � »ar: ��.. © ? «� ». :2« .�: a /«dItheTe < d�er ?« The proper pe by the w<! of all » §v . a»: conditions co twine y S4<«theA t 2 /tE r� «! d +«y J **« 2« 4n ;, I Related Agreeme if any. f »dam « 2< IM ¥� ?4�j M Section 4.0% It is intended thatch Rent shall be absolutely net to Lessor throughout the Term, free of any taxes, costs, utilities, insurance expenses, liabilities, I&MYwwN. ownershio leasiny pkgLajjt < 2 -ctenwt-ce. re%-Ar, rebuLLjjg,��# crnujatij k ,. � � t# i � } � r � ..: s � W�� IIIIIA01411 Ila jmnumw and the Affordable-Employee Restrictions on the lawfully realizable value of relevant portion(s) appraised, or where permissible by state law, "income approach" or other method of calculation. Section 7. oi No Lien. Neither the Lessee nor any Sublessee shall have the power to subject the interest of the Lessor in the Demised Premises to any mechanic's or i ww\ a irfLqy&r»!y# of the Lessor. a leV,71 eVect of such claim and the amount or amounts of = �I � Section 8.oi Governing Law. All of the rights and remedies of the respective parties - « « ¥ m: and construed and the laws of the State of Florida, Awe onroe unty Comprehensive Plan, and the Monroe County Code(s). suen ngiry as 2 Ji an CEO Lli 7 <¥ U the law permits. Lessor's resort to any one remedy ?;»¥»a c any other shall not result in waiver or compromise of any other remedy. FITNOOVA", WO<2� *< Sectiono.o.q Poliev Limit Changes. The policy limits for the comprehensive liability insurance may be reviewed by Lessor every five (5) years and adjusted upward, if, in the have begun to require greater insurance coverage. !' NOW R# R fire and extended coverage insurance shall be carried by Lessee in builder's risk form written on a M'! value basis. w, * beyond # Notwithstanding anything to the contrary i in the immediately ! Premises . to terminate this Lease by written notice to Lessor # w after the _WjjMised Prej ! the improvements. If Lessee elects not to terminate this Lease in the event of during the last ten (1o) years of this Lease, the proceeds of all insurance covering the repair as set forth above. 0 s l IRSIM - 031 Assignment/Transfer KNUMM-M. I NS RAJ=, g"Imill 11A WITUM M.Mmam 11 / <99 ^S » »§« 30 unaffected. MOMM MAU# , I IMM- FI M" I 1 1 1 0? # ©y «. (a) Initial Lessee has commenced construction of the Project >»¥<§2l receive a certificate of occupancy for the Affordable-Employee Housing Unit by the date which is one-hundred-and-eighty days 28o) days following the execution of this Lease. The foregoing limitation of time maybe extended by written agreement between the parties hereto. MM ?# ?\M Tol"Vor-M RUM'" 14 M, ON Wit 11VII 10 > »¥ ± } »2 }d¥ M73 IVITO 14.o Easements. <v ©— 2 be authorized to grant reasonable and necessary in Monroe County subject to Lessor's attorney's review and approval for substance and form of easement instruments. Mortgage Financin OTMEMM Mlm� <, »se d« #> w « «< ><+ 1d Such new ?ease shall be accompanied by 10 p 0e» tot eLessor1(2i Kull 5 RIM Vave : ?26<fd written notice. (i) Lessor shall be entitled, in the event of any of the foregoing circumstances or events set forth in this Paragraph 15-oi, to elect to deal primarily or exclusively with a mortgagee whose position is primary or in first order of priority with # Section 16.oi Notice of Default. Lessee shall not be deemed to be in default under (1o) days of verifiable receipt o said notice. Except as to the provisions or events referred to in the preceding paragraph of this Section, Lessee and Mortgagees shall not be deemed to be in default under this Lease unless Lessor shall first give to Lessee and Mortgagees thirty (3o) days written notice of such default, and Lessee fails to cure such default within the immediate thirty (3o) day ,Qen d-tff ere I or—iltho default is o su a nature that it cannot be cured within thirtv Kaz�r; I ---- --------- the Lessee. Regardless of the notice and cure periods provided herein, in the event that more A "a W&112�i � I payment of insurance premiums, actions to prevent construction or judgment lien Lessor without liability or any accounting therefore. Section 16.04 Default Period. All default and grace periods shall be deemed to run concurrently and not consecutively. MOMMI, FTIV2041MIMAN Section 18.ol Legal Use. The Lessee covenants and agrees with the Lessor that the Demised Premises will be used exclusivel<f r the construction and operation of Affordable Rental, 2> me Employee Housing dwelling unit(s) and for no other purposes whatsoever without Lessor's written consent, which consent shall not be unreasonably t`}Nxeld or conditioned. WIMMM4 .., '* m�, Lessee shall notify Lessor immediately of any known discharge or discovery of any hazardous waste at, upon, under or within the Demised Premises. Lessee shall, at its sole i having jurisdiction, unless such discharge is caused by Lessor or any of its agents or employees. Ex 5 ff ule� � WIM I t t I 1 11 11111111 111!! 1 11 1 1 6 1111 1 1 M.M.M.= instrument x. this date. 1 38 Simonton Street Key West, FL 33040 Attn: Bryan Hawks Te? ? # « 2« y< 2 7 .. . ......... WC JUMLIY »:¥ <« YiaDle on tj covenants of this Lease. G I affect this ase. Section 20.og Table of Contents. The index preceding this Lease under the same cover is for the purpose of the convenience of reference only and is not to £!d !« »!d or construed in any way as part of this Lease, nor as supplemental thereto or amendatory thereof. f:- M ' su ION #jz - O"IME affected thereby. iTj sum's I V., I'li'll M. I Mmp= •M� •_ 1 IIl!I�IIqIIIllIjl 11 •; A 9141TVAAW V44 Oft L I �. rb-T,M- (SEAL) Al'TEST: KEVIN MADOK, CLERK a ENSM Monroe County Attorney Approved as to Form: N By: #±7 2S«»: By: n)tkA.1 wwff Margaret Whitcomb, Director VAIVYIVCTI�113 MUM= dt ? fff«» \� I QN lay «f 22 #2f< STATE OF COUNTY OF ta%t— The foregoing instrument, Lease Between Monroe County and prida K o eys I mmunity Land Trust, Inc., was ackno I I ed before ©� t T day W' 2 m: 2oj!K-, by1V1.-27.0ApJ"M Tnl' rida Keys s 6ommunity Land Trust, Inc., ;Z7is * 1 known too me or t oduced as Droof of identi ca oath. " � Im - rip Name and Notary No.) Notary Public Seal 5TW=1 Ibmil k Number 1 address Avenue D, Big Pine Key, Florid y; M • EXHIBIT "Ell (i of 2) :ZjajAj7 WDII�MWUWV This Agreement is made as of ("Lessor") and ("Lessee"). 20 ) by and between WHEREAS, Lessor and Lessee have entered into a Lease dated for Premises designated on Exhibit "A" attached to the Lease, which was duly recorded at Book — Page _, Document Number , in the Public Records of Monroe County, Florida. and (if IiQplicablt) rent shall be 12aid accordinglo-_th -��n�tAate�-each t RQ l ON Firlm MW 1 Emo By:— Name: Title: WITNESS NO. i: (.t I-Tame WITNESS NO. is Signature WITNESS NO. 2: Print Name WITNESS NO. 2: Signature ii i III 111111 . i; I �� 11111111111111 1 i s . I - . . - A 1111111111q�i is A ZT.F= this _ day of 20 - , by , as LESSEE, who is personally known to me or produced as proof of identification and did take an oath. EXHIBIT "C" (I Of 2) TO: Initial Lessee, or its assigns Address of Initial Lessee, or its assigns IM mm.1mm" preserve Affordable Rental, Low-Income Employee Housing. The foregoing instrument, Letter of Acknowledgment, was attested before me this ilay of 2o by , and by , as who is/are personally known to me or produce4i. as proof of identification and did take an oath.