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Item S12C ounty of M onroe {r `' " 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.12 Agenda Item Summary #4361 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. 00304290 - 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 12, Square 32) 31462 Ave E, 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 3:03 PM Peter Morris Completed 06/12/2018 3:43 PM Bob Shillinger Completed 06/12/2018 3:55 PM Budget and Finance Completed 06/12/2018 4:54 PM Maria Slavik Completed 06/12/2018 6:06 PM Kathy Peters Completed 06/12/2018 6:28 PM Board of County Commissioners Pending 06/20/2018 9:00 AM mic l E " +; „, WIHT_sn�� Article Title Page No. I Definitions 4 Demised Premises 7 III Term 8 IV Rent 8 V Non-Subordination 9 VI Payment of Taxes and Utilities 9 VII Mechanics'Llens 12 VIII Governing Law, Cumulative Remedies 13 I x Indemnification of Lessor 13 X Insurance 14 XI Insurance Premiums 17 X11 Assignment/Transfer 17 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 XX Miscellaneous 29 Exhibit "N' Legal Description 37 Exhibit "B" Commencement Date Agreement 38 A M.-MEM 1r'[ "# E' f' 1 ►'' . A ' 0 11111 I'll, "" I W "Lessee," "Initial Lessee," or f VMEREAS, Lessor i s ♦ owner i f ee simple of the property "property' located ;f what is now x` Plat Book i, Page 65, of the Public Records of Monroe County (bearing Real Estate Number 00304290-000000, with a current address Of 31462 Avenue E, Big Pine Key, Florida xl WMRFAS, Lessee desires to develop the Property for rental use of an affordabi rental, low-income employee housing unit for qualified tenant occupants; and YMEREAS, in order to preserve the affordability of the dwelling unit to be b NOW THEREFOR.E, in consideration mutual covenants and R ' x contained herein, and in any contemporaneous Related Agreements between the partie The singular includes the lural and the ra includes i l when referenced herein. ZlE Rental, Low-Income Employee Housing Restriction and Affordable-Employee Housi Restriction. I whose monthly rent, not incluchngutinties, aoesno In L Ma" represents up to 8o percent of the monthly median adjusted household income for t county. I "Commencement Date" shall mean the date when Initial Lessee receives a certificate of occupancy for the Affordable-Employee Housing Unit. improvements erected thereon. "Effective Date" shall mean the date this Lease is fully executed and delivered by all parties and the date that the Lessee shall be entitled to begin to occupy the Demised Premises for purposes of development and construction of the Project. 97MOM � II i 00304290-000000, with a current address Of 31462 Avenue E, Big Pine Key, Florida 33043) (c) The proper performance by the Lessee of all of the terms and conditions contained in this Lease, the Affordable-Employee Housing Restriction(s) and Related Agreements, if any. MUMM I= ?<« \© « «2 Renewal ODtion. So long as Lessee is not then in default under this Leas«L e he option to renew this Lease for an additional ninety-nine (99) i gle-efta-vi jo rj this Lease to Less#<«4y ss «.:, nwal term shall be the same as under this Lease. Le M- Section 4.o. , A. It is intend sh l be abs ed that the Rent alolutely net to ss I ' throughout the Term, free of any taxes, costs, utilities, insurance expenses, liabilitiel e !or tr- Mfr i ?\f< i � f � � R1� i,..., �',, � � � a with any document (to which the Lessee is a party) creating or transferring an interest estate in the Demised Premises. With regard to special assessments, if the right is given jtzy either in one sum or in installments, Lessee may elect either mode of payment a] Lessee's election shall be binding on Lessor. I M M � � s i ► � i� `` .�, � � � II : I' � �. ■ ,_. ., � a . ;,, TTYP"1771M, ST. - ME , Mq7V3TLVYM7IM- and the Affordable-Employee Restrictions on the lawfully realizable value of relevanA,, portion(s) appraised, or where permissible by state law, "income approach" or other Ttf, of calculation. F1 I Mechanic's Liens Section Mi 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 eAAt3q fl�&ovr-.swit of the Lessor. ARTICLE VIII Section 8.oi Governing w. All of the rig hts and re medies of the resp ective pa rti W,,vT 1 �!d i j- 01 &g -y r�=;' 1,newmints shall be �overned TO anMonstrUCT U11I&I Plan, and the Monroe County Code(s). Section 8.02 Cumulativt-Rei All rights and remedies accruing to the Less- g h r Leor mav * -- r 3z the ss ij gi F such rights as the law and this Lease aftor(I 10 if in wnafever LF711-F73-3 the law permits. Lessor's resort §:a y one remedy in advance #\7n y other shall not resui in waiver or compromise of any other remedy. Except for any claims made due to the gross negligence or willful misconduct of WOMEM Sectio i Q.oq Poligy Limit Changes. The policy limits for the comprehensive liabill-VA insurance may be reviewed by Lessor every five (5) years and adjusted upward,,if, in t ETIIII�� w. fire l extended coverage insurance shall be w , Lessee in builder's written on r completed value basis. In the event of the destruction or A ,+ of e improvements located on the Demised Premises, or any part thereof, and as often as any portion of said Demised last ten (1o) years of the Term of this Lease, Lessee, if not then in default under this Lease to terminate this Lease by written notice to Lessor within thirty (3o) days after the WIN 111NOWN •u # repair above. R . M m F.IVIWI IWONCI AssignmentlTransfer 59 � w r � 1 f Employee Housing Unit, they shall be required to comply with the following: .._ .... ................ 2nCLE XIII WO! f Mm (a) initial Lessee has commenced construction of the 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 time may be extended by written agreement between the parties hereto. zm i ; i ; , . � , a ..,° ME, I mo R I to abide by all federal and state laws regarding non-discrimination. 4.04 Easements. :*w x: shall be authorized to grant reasonable and necessa j in Monroe County subject to Lessor's attorney's review and approval for substance al form of easement instruments. RM-0 , '� .1:.. M, Emma VI thereafter becoming due under . Such new Lease shall be accompanied by Di payment to the Lessor of M . 1 " ! " "' :. i '' amounts mortgagee(s) shall n eretofo have received written notice. i (i) Lessor shall be entitled, in the event of any of the foregoi e " ®? 1prmj e ri �rijy circumstancs or e et rth in vents s fo this P a rap 1 ragh 5. 0 to eLlect to deal p marily � wl xclusively with a moitgagee whose o psition is primary or in first order of priority wi contractually agreed by and among multiple mortgagees, m§«© there are such. wlll� ROM-nnuo n \» ARTICLEXVIII Section 18.ol Leizal Use. The Lessee covenants and agrees with the Lessor that the mci cwdwively+M-the Ctakstructiti. QR4A- , - 1WMtiWr-trf AatrikWe Rental, Low-Income Employee Housing dwelling unit(s) and for no other purposes whatsoever without i-r «x© written consent, which consent 24§1 t be unreasonably ailthheld or conditioned. Section 18.02 Termination. Upon termination of this Lease, the Lessee will peaceably and quietly deliver possession of the Demised Premises, unless the Lease is extended as provided herein. Therefore, Lessee shall surrender the improvements together with the Demised Premises. Ownership of some or all improvements shall thereupon revert to Lessor. #. t '-WAN' having jurisdiction, unless such discharge is caused by Lessor or any »f§2 agents or employees. W- —M I WIMAMMIM this reference) constitutes the entire agreement between the paities with respect to this instrument as of this date. oil in-by-rnff covenants of this Lease. re.terence only ON ill llutraj "LCLU11C, AMIL UY LICMU1 LLI pe Ir 111 til L VI *F Ill Ully '11' a, affect this Lease. I Section 2o.oq Table of Contents. The index preceding this Lease under the sal NT 7;144 utt L't"k; iv "I construed in any way as part of this Lease, nor as supplemental thereto or amendato thereof. I MM MM R I IDS I a IIVZS affected thereby. Section 2o.i8 _Mold Disclosure. Mold is a naturally occurring phenomenon thaM when it has accumulated in a building in sufficient quantities, may pose health risks persons who are exposed to it over time. Mold has been found in buildings in Monr County. There are no measures that can guarantee against mold, but addition 1. 1 O.-M=1 M ' ,I 1 :. IN WITNESS WHEREOF, the Lessor and the L ee eherunto»±theirh ;< a seals, ysofthe above ,wa., L- mm 97.14 \7 <2y1 mm La Monroe County Attorney Approved as to Form: WITNESSES: � ,�Ar ,l - k 4 The foregoing instrument, Lease Between Monroe County and Florida Keys Community Land Trust, Inc., was acknowleed dd bDefore me ttht�fiis, J? a ' day of a y q_ Fwl � o the Florida Keys 2oj b Community Land Trust, Inc., who is ersonal1v 1cwn e or produced as pro#\#{}d « tific io and did take an oath. Notary Public Seal Ra'm and Notary No.) U O.T.R= EXHIBIT "A ) <.e2m« d,\d»w,wwyjylS : ©6. i §c » «\J? :Trt\«« :< "M FI »« . ,Big 0 0304290-000000, wiLv», © ©« addre � � 1462 Avenue y £ n KeyFlorid 22 #J«: TUTA , MAYUJUT I XzVotaw "J"Nou Iff This Agreement is made as of ("Lessor") anii 20 � by and between 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, P) rents, the Lease. NOW THEREFORE, Lessor and Lessee agree and acknowledge that the information set forth below is true and accurate. Commencement Date: .20 Initial Term Expiration Date: --, FOR LESSEE: WITNESS NO. i: VTTJM� WITNESS-A4. 2: Print Name R 11! R RIIR� III W!Z=11 this day of 20 1 -, by MSSE_j who is i ersonallv known to me or vraduce& [UNPILMA off lbrAlitti owl] I IF EMM PIKE- 6 ? +S , I TO- initial Lessee, or its assigns Address #/ §§? / Lessee, or its assigns DATE:— This letter is given to ( ..... Initial Lessee .... ) as an acknowledgement in regard the ordable-Employee Housing Unit that I am purchasing/renting. I hereby ck anowledge the following: I Aff M= »: The foregoing instrument, Letter of Acknowledgment, was attested before me this .R.ay of 20 - , by and , as who is/are personally known to me or t» «c as proof of identification and did take an oath. Notary Public (Print Name and Notary No.) Notary Public Seal .9 M