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Item S11C 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.11 Agenda Item Summary #4360 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. 00303770 - 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 8, Square 29) 31171 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 3:07 PM Peter Morris Completed 06/12/2018 3:41 PM Bob Shillinger Completed 06/12/2018 3:54 PM Budget and Finance Completed 06/12/2018 4:58 PM Maria Slavik Completed 06/12/2018 6:07 PM Kathy Peters Completed 06/12/2018 6:23 PM Board of County Commissioners Pending 06/20/2018 9:00 AM w n { �; 1+ ,ti `ZI ,. AMIW / T Article Title TA&e No- Definitions 4 Dernised Premises 7 III Term 8 rV Rent 8 V Non-Subordination 9 VI Payment of Taxes and Utilities 9 VII Mechanies'Liens 12 VIII Governing La Remedies 1 3 Ix Indemnification of Lessor 1 3 X Insurance 15 X1 Insurance Premiums 1 7 X11 Assignment/Transfer 1 7 XIII Condemnation 19 X1V Construction 20 XV Mortgage Financing 22 XVI Default 25 XVII Repair Obligations 27 XVIII Additional Covenants of Lessee/Lessor 2 7 XIX No Unlawful or Immoral Purpose or Use 29 XX Miscellaneous 29 Exhibit "N' Legal Description 37 Exhibit"B" Commencement Date Agreement 38 A, Exhibit "C' Letter of Acknowledgment 40 W .-MOM z � �. � .• ♦ i �. * i s .. "Lessee," "Initial Lessee," or'Occupant"). w . r VMERFAS, Lessor is the owner in fee simple of the proper ii " P r ope rty " ) locat at what is no IMIRM0 I= r #` V4 t [ i ' Big ! The singular includes the plural and the plural includes the singular when referen "Affor dable-Employee H ousin g to be l ocat e d R the Property in accordance and in compliance with this Lease, including the Affordabl ZIMMM Rental, Low-Income Employee Housing Restriction and Affordable-Employee HousirN_ 11V�',estrict' W represents up to 80 percent of the monthly median adjusted household income for county. "Commencement Date" shall mean the date when Initial Lessee receives a certifical of occupancy for the Affordable-Employee Housing Unit. "Demised Premises" shall mean the property leased pursuant to this LUease f development of the Affordable-Employee Housing Unit. The Demised Premises is legal 1 1 described on attached Exhibit "A." Demised Premises, where the context requires and t improvements erected thereon. �!�! i;1 1 ; 1 r 1111 :1 ! F vrill"r: this Lease. "Lessor" means MONROE COUNTY, or its assigns or designees. Lessor as s us herein and e the context requires, sha agent ®« mean an age or party designated by ti Lessor. "Lessee" means the initial Lessee and its successors and assigns, including arm Lessor-authorized Association(s) created by Initial Less-t. r the Unit tenants, if any, well as the individual Unit tenants. i Zamm "Term" mean the Co m»e cement Date, and continuing for ninety-nine (99) <fw? thereafter, plus any agreed e? «U extension of this Lease, and unless oth permitted by Lessor, » al Subleases and rights or interests granted thereunder . w: terminate at the end of the Term. FNW411M + 9 « » m « : \ ! % ,? d± d: / ? 6 «< y ty #?\w <» §}l72G« ? » \ /w » \ \ ¥\1 # # <# ? #2 # # # + #. « © Lgsxm ? }yk¥y2 <#£ Big Pine Key, Florida 3304 (r) The proper performance by the Lessee of all of the terms and conditions co a e w this Lease, the Affordable-Employee ousing Restriction(s) and Related Agreements, any. "M the renewal term shall be the same as under this Lease. I= Section 4.03. It is intended that the Rent shall be absolutely net to Lessoi throughout the Term, free of any taxes, costs, utilities, insurance expenses, liabilities, - ii-#�tl i ".'wawi bi Will" WOMMANI BOB M = E HE ME any NocTment �IZ:%%%%T IT essce is a JwAi MI estate in the Demised Premises. With regard to special assessments, if the right is given to pay either in one sum or in installments, Lessee may elect either mode of payment an Lessee's election shall be binding on Lessor. ET.Mn=,, .......... Ommm taxation, M ublic assessment or utility service purposes fully reflect the effect of this Lease 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. Mechanic's Liens 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 mateA7.1mer.'s tx , of the Lessor. Section 7.04 Sublessee's Default. if the Sublessee shall fail, refuse, or neglect to perform its obligations as required in this Article, then the Lessor may, but shall not be ga"wwwwa- wo "-!. 6 hw ` . 1 giffatt'ZIM''C' A ORWKI'll WRIUMIUMVIII F.-V » § <,1.#<2 « ©ing Law. All of the rights and remedies oft respective parti Plan, and the Monroe County Code(s). I ? ' jW1#11,11I I - RM ATS1 11 1 1 SUM FIgHILS Ub LUC UtH U114 U 16 L± the law permits. Lessor's resort to any one remedy in advance of any other shall no in waiver or compromise of any other remedy. F. E III I I NINE NINE ~t ° 2 »k? d IM008=1 ► IMT oil have begun to require greater insurance coverage. WITMEMI, IT fire and exi�nde'd coverage insurance shall be carried by Lessee in builder's risk forrn written on a completed value basis. beyond the Lessee's control. Notwithstanding anything to the contrary in the immediately preceding paragraph, n. repair as set forth above. ` • 1 " "WIRAW1 Insurance Premiums is I Assignment LTransfer Any Lessor-authorized assignment or sublet, must contain ©» provisions for t 00 « #{ 1 11-4 Employee Housing be ed ti '1 '"l ME= T F,111*14V WOMMINJIMM (a) Initial Lessee has commenced construction of ?S© Project and shall receive a certificate of occupancy for the Affordable-Employee Housing Unit by the date which is one-hundred-and-eighty days (18o) days following the execution of this Lease. The foregoing limitation of §©e maybe extended by written agreement between the parties hereto. � � llfflff�� I WI Il M 14.og Easements. Lessee shall be authorized to grant reasonable and necessary in Monroe County subject to Lessor's attorney's review and approval for substance and form of e-?.se I UT rark F MEW R 1, ITO I i OEM= � . 4 7 ;, � � .+. (i) Lessor shall be entitled, in the event of any of the foregoing circumstances or events set forth in this Paragraph 15.01, to elect to deal primarily or exclusively with a mortgagee whose position is primary or in first order of priority with WN E, I A' I. L# I 1*14111*tramqvral�x" OTMEMM Lessor without liability or any accounting therefore. ........ .... M �, 9 W.-M Section 18.ol L I Us�e. The Lessee covenants and agrees wih the Lessor that t g� Rental, Low-Income Employee Housing dwelling unit(s) and for no other purpos whatsoever without Lessor's written consent, which consent shall not be unreasonab withheld or conditio ned. 1 I Wly, rf t Wo lMI&I t .. 111011", aMM" = " -- - L -WQr— with the T)Pmised Premises. Ownership }\ <* e or all improvements all revej to Lessor. *: *> ? < #\f: Lessee shall notify Lessor immediately #\y«< known discharge or discovery of any hazardous waste at, upon, under or within the Demised Premises. Lessee shall, at ?2< \ "-vWAg'rz"" �-, ; ix�r 2�%! & 6« ?d 7 ;«w« having jurisdiction, unless such discharge is caused by Lessor or any of its agents or employees. "T MWOWN0 I' jaff�g< 4 1- Lux f =- I a 61o'l FEE= 01= Section 2o.o Entire Agreement. This Lease, including the Preamble and any ff kv this reference) constitutes the entire agreement between the parties with respect to this instrument as of this date. Monroe County G o Building Street Key West, FL 3304 "M LM PO Box 1026 Key West, Florida 3304 » 2 .205 ?i -3470 T for Mic Fa s - - P.O. BOX 420385 Summerland Key, 22 2»#*? RM D U �� 0 It's #W4101 affected thereby. Section 2028 Mold Disclosure. Mold is a naturally occurring phenomenon thaM when it has accumulated in a building in sufficient quantities, may pose health risks 1 persons who are exposed to it over time. Mold has been found in buildings in Monr County. There are no measures «« ° «» guarantee against mold, }? <7k¥2 »/ io 1 r . t ! . A Lessor IN WITNESS WHEREOF, the and the Lessee have hereunto set their hands and seals, as of the day and year above written. gm (SEAL) ATTEST: KEVIN MADOK, CLERK Y: Deputy Clerb mew y Attorney Approved as to Forni- By.- A-5f R+ LESSEE: milmrim STATEOF Flar-A-%- The foregoing instrument, Lease Between © County and Florida Keys Community Land Trust, Inc., was acknowledged before me this 1'2" day of ?# i , by f the Florida Keys Community Land Trust, Inc., 4ho is ers ally known to me or produced »<4o of en i ca ion an i:t © 2<a . EXHIBIT "N' (i ) ?CS «y Lot ? Square 29, S © ° Subdivision, according d j «: the Plat thereof, as recorded Plat Book » Page 65, of th Public Records o Monroe County ? « «w Real Estate with 7 current address ®\3117Avenue ». 12 Pine Key, Florida = j # \ WHEREAS, Lessor and Lessee have entered into a Lease dated for Premises designated on Exhibit "X' attached to the Lease, which was duly recorded at Book Page Document Number in the Public Records of Monroe County, WHEREAS, the Commencement Date, as further defined in Article III of the Lease, has occurredi and Dursuant to the Lease. Lessor a Lessee -iesire t* conir-ft- v?,rious dates rP1.?,*vqr t* UNILWWrIt-1-7� Commencement Date: ,20 Initial Term Expiration Date: 7 20_ a 11 1 - WITNESS NO. i: WITNESS NO. 2: this day of ) 20 -� by - as LESSEE, who is personally known to me or produced as proof of identification and did take an oath. 0r =. - I « ynam a: ~ } <m TO: Initial Lessee, or its assigns Address of Initial Lessee, or its assigns This letter is given to ( ..... Initial Lessee .... ) as an acknowledgement in regard 4-9 the Affordable-Employee Housing Unit that I am purchasing/renting. I hereby acknowledge the following: I A VFT SMITC =,= 7 preserve Affordable Rental, Low-Income Employee Housing. Signatory (Printed Name) zr=�. w� P 2 RE M M �,, � The foregoing instrument, Letter of Acknowledgment, was attested before me this day of 2o_, by , and by , as who is/are personally known to me or produced as proof of identification and did take an oath.