Item S13C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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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.13
Agenda Item Summary #4362
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.
00304320 - 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 15, Block 32) 31438 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 3:04 PM
Peter Morris
Completed
06/12/2018 3:46 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 6:07 PM
Kathy Peters
Completed
06/12/2018 6:29 PM
Board of County Commissioners
Pending
06/20/2018 9:00 AM
Y s +` r ` I t _►
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Article
Title
Paze o.
Definitions
4
Demised Premises
7
III
Term
8
IV
Rent
8
V
Non-Subordination
9
VI
Payment of Taxes and Utilities
9
VII
Meebanics'Liens
12
Vill
Governing a Remedies
13
Ix
Indemnification of Lessor
13
X
Insurance
14
X1
Insurance Premiums
17
XII
Assignment/Transfer
17
XIII
Condemnation
19
XrV
Construction
20
XV
Mortgage Financing
22
XVI
Default
25
XVII
Repair Obligations
27
XVIII
Additional Covenants of Lessee/ Lessor
27
xrx
No Unlawful or Immoral Purpose or Use
29
XX
Miscellaneous
29
Exhibit "N'
Legal Description
37
Exhibit "B"
Commencement Date Agreement
38
A
N�r �'
Exhibit g
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0 rM R DIX4 L NMI J2
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"Lessee," "Initial Lessee," or 91 0cc p
Uant
WHERFAS, Lessor is the owner in fee simple of the property (hereinafter
"property"or "Property") located at what is now known as:
T
E, Big Pine Key, Florida 33043); and
DRUM
WHERFAS, in order to preserve the affordability of the dwelling unit to
developed on the Property, Lessor desires to lease the Property to Lessee for ninety�
The singular includes the plural and the plural includes the singular when referene-
herein.
IM IMMM 4
Rental, Low-Income Employee Housing Restriction and Affordable-Employee HousiM
Restriction. 0
represents up Ire # percent of the monthly median adjusted household income for
county.
"Commencement Date" shall mean the date when Initial Lessee receives a certifi
of occupancy for theAffordable-Employee Housing Unit. 1
"Demised Premises" shall mean the property leased pursuant to this Lease for
development of the Affordable-Employee Housing Unit. The Demised Premises is legally
described on attached Exhibit "A." Demised Premises, where the context requires and the
improvements erected thereon.
"Effective Date" shall mean the date this Lease is fully executed and delivered by
parties and the date that the Lessee shall be entitled to begin to occupy the Demis
Premises for purposes of development and construction of the Project. I
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Section R.02 Renewal Option. So long as Lessee is not then in default under this
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the renewal term shall be the same as under this Lease.
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ion. maintenance. reDair, rebuildin-"-se-�ar-cw=Tiatianiberecrf-
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and the Affordable-Employee Restrictions on the lawfully realizable value of releval
portion(s) appraised, or where permissible by state law, "income approach" or oth
method of calculation.
Mechanic's ien s
Section 7.Qi No Lien. Neither the Lessee nor any Sublessee shall have the power
subject the interest of the Lessor in the Demised Premises to any mechanic's
of the Lessor.
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Section 8.01 Governing-LLaw. All of the rights and remedies of the respectiv
Plan, and the Monroe County Code(s).
Section 8.02 Cumulative Remedies. All rights and remedies accruing to the Less
SuCn ngms as Lar, Ian UILS1 lultsxzase UIIIT�L LIAL IHTTIIdW;CL IJILCI LLIC JObalI &rOIMS%7I At
the law permits. Lessor's resort to any one remedy in advance of any other shall not res
in waiver or compromise of any other remedy. i
FAXIANNIFAIN
Except for any claims made due to the gross negligence or willful misconduct of
E=�,;
Section ().gIZPOqfi_c
LiniitChanges. The policy limits for the comprehensive liability
insurance may be reviewed by Lessor every five (5) years and adjusted upward, if, in the
aLffiaimilar xmiects
have begun to require greater insurance coverage.
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(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 «®
execution of this Lease. The foregoing limitation of time may be extended by
written agreement between the parties hereto.
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1 4-04 Easements. Lessee shall be authorized to grant reasonable and necessary
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form of easement instruments.
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(i) Lessor shall be entitled, in the event of any of the foregoinm
circumstances or events set forth in this Paragraph 15.01, to elect to deal pri - a
order of prioritv witT
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contractually agreed by and among ®& mortgagees, where there are such.
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Section i,6.o-r,. Affordable-EmplMee , 1 Restrictions. In the event the Lessee or
MOOMM
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ARTICLE XVIII
Section i&oi Lezal Use. The Lessee covenants and agrees with the Lessor that the
Rental, LA)w-Income Employee Housing dwelling unit(s) and for no other purposes
whatsoever without Lessor's written consent, which consent 242; » be unreasonably
withheld or conditioned.
<.x., »y Ten inatfion. Upon termination of this Lease, the Lessee will
peaceably and quietly deliver possession of the Dernised 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.
Lessee shall notify Lessor immediately of any known dischar or discovery of any
hazardous waste at, upon, under or within the Demised Premises. Lessee shall, at its sole
cvstarrd--c'", nO-ql
having jurisdiction, unless such discharge is caused by Lessor or any of its agents or
employees.
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Section,20.02 No Waiver. Time is of the essence in the performance of t f
anrof�
shall be construed to be a waiver of any succeeding breach of the same covenant.
In - On
Section 20.o4 Entire A eement. This Lease, including the Preamble and any
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written addenda and all exhibits hereto (all of which are expressly incorporated herein by
this reference) constitutes the entire agreement between the parties with respect to this
instrument as of this date.
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affected thereby.
Section 20.18 Mold Disclosure. Mold is a naturally occurring phenomenon th'M
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
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(a) A Sublessee's required absence from the local area for official military duty.
(b) A documented illness that legitimately requires a Sublessee to be hospitalized
for an extended period.
(c) A family emergency legitimately requiring a Sublessee to leave the Keys for a
period longer than thirty (3o) days.
Lessor, in its discretion, shall have the right to amend, modify, extend, rescinim
kcrease or terminate any such exceptions under this Section 20-23 or the AffordablM
Employee Housing Restrictions at any time. I
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purpose furthered by this Lease, cooperate with reasonable requests of Initial Lessee,
Sublessees, mortgagees, title insurers, closing agents, government agencies and the like
regarding any relevant terms and conditions contained herein.
IN WITNESS WHEREOF, the Lessor and the Lessee have hereunto set their han
and seals, as of the day and year above written.
V9a' wN,
OF COUNTY COMMISSIONERS
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(SEAL)
ATrEST: KEVIN MADOK, CLERK
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Monroe County Attorney
Approved as to Form:
By: —
VVrrNESSES:
Witness No. 1 (Print Name)
Nw.
Witness No. 2 (Prinf.Name)
4
]mess 0. 2 eignature)
STATEOF Wwde--
WOMM
LEGAL DESCRIMON
711 Mrs M,
Number 00304320-000000, vdtb a current address Avenue Big Pine Key,
Florida
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EXHIBIT "B" (I Of 2)
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This Agreement is made as of
("Lessor") an.
("Lessee").
20 � by and between
WHEREAS, Lessor and Lessee have entered into a Lease dated for
Premises designated on Exhibit "N'attached to the Lease, which was duly recorded at Book _
it . Document Number , in thePublic Records of Monroe County,
Florida, and fif Uplicable) rent shall be paid according to the commencement date each year; and
A
Commencement Date: ,20
iration Date: --,
By:—
Name:
Title:
WITNESS NO. is
Print Name
WITNESS NO. i:
Signature
WITNESS NO. 2:
Print Name
WITNESS NO. 2:
Signature
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EXHIBIT 990$ (1 of 2)
2£422 «d«
TO: Initial Lessee, or its assigns
Address */£ §£ / Lessee, or %;»w 2<
This letter is given to ( ..... Initial Lessee .... ) as an acknowledgement in regard to
the Affordable-Employee Housing Unit that I am purchasing/renting. : >« <b<
acknowledge the following:
27&! f =
ousing estrictions, an - F — I T"
preserve Affordable Rental, Low-Income Employee Housing.
Signatory (Printed Name) Signatory (Printed Naml
IMMMOM=
The foregoing instrument, Letter • Acknowledgment, was attested before me this
day • 2o_, by , and •
as who is/are personally known to me or produced
as proof of identification and did take an oath.
M-MOM
Notary Public Seal