Item G4lrl
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BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
Mayor Pro Tem Sylvia J. Murphy, District 5
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Danny L. Kolhage, District 1
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George Neugenf District 2
Heather Carruthers, District 3
County Commission Meeting
October 17, 2018
Agenda Item Number: G.4
Agenda Item Summary #4830
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Charles Pattison (305) 295 -5180
9:15 AM Land Authority
AGENDA ITEM WORDING: Approval of a resolution adding Lot 8 and the south 40 feet of Lot
9, Block B, Woodburn's subdivision to the Acquisition List for affordable housing, authorizing the
purchase of the property, and authorizing the subsequent conveyance of the property to the City of
Marathon.
ITEM BACKGROUND: This acquisition is proposed as a purchase and leaseback to subsidize
affordable housing in partnership with the City of Marathon and Habitat for Humanity of the Middle
Keys.
The subject property is a 17,732 square foot parcel located at 818 51st Street Gulf in Marathon. The
property was formerly developed with a mobile home, is located in an AE 9 flood zone, and is
currently owned by Habitat for Humanity. The Southeast Florida Regional Climate Change
Compact 50 -year sea level rise projection is 14 to 26 inches by the year 2060. In the event of a 36-
inch increase in sea level, estimates provided by the South Florida Water Management District
indicate this property will have a less than 25.1 % probability of being inundated. The Marathon City
Council has adopted Resolution 42018 -83 nominating the property for purchase as an affordable
housing site. The City has also approved a Development Agreement and Conditional Use Permit
and awarded four affordable allocations for the property.
The proposed resolution authorizes the Land Authority to purchase the property for $270,000 and
authorizes the subsequent conveyance of the property to the City of Marathon. A Land Use
Restriction Agreement in favor of the Land Authority will restrict use of the property to affordable
housing at an income level not to exceed 160% of area median income. Once the City leases the
property back to Habitat for Humanity, Habitat plans to build four affordable units (two duplexes) of
homeownership housing on the property for families whose incomes range from 60% to 80% of area
median income.
ADVISORY COMMITTEE ACTION: On September 26, 2018 the Committee voted 4/0 to
approve the proposed resolution.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution
ClosingCosts
Aerial
Agreement
Nomination
SitePlan
HabitatAdvertisement
AffordableRentalsMarathon
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:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Charles Pattison Completed 10/02/2018 4:18 PM
Kathy Peters Completed 10/03/2018 11:19 AM
Board of County Commissioners Pending 10/17/2018 9:00 AM
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY ADDING LOT 8
AND THE SOUTH 40 FEET OF LOT 9, BLOCK B, WOODBURN'S
SUBDIVISION TO THE ACQUISITION LIST FOR AFFORDABLE
HOUSING, AUTHORIZING PURCHASE OF THE PROPERTY,
AND AUTHORIZING THE SUBSEQUENT CONVEYANCE OF
THE PROPERTY TO THE CITY OF MARATHON.
WHEREAS, Habitat for Humanity of the Middle Keys, Inc. (hereinafter "Habitat ") owns Lot 8 and
the South 40 feet of Lot 9, Block B, Woodburn's subdivision (hereinafter "subject property ")
located at 818 51St Street Gulf in Marathon; and
WHEREAS, the Marathon City Council has adopted Resolution 2018 -83 nominating the subject
property for purchase by the Monroe County Comprehensive Plan Land Authority (hereinafter
"Land Authority ") and subsequent conveyance to the City of Marathon as an affordable housing
site; and
WHEREAS, upon receipt of title, the City of Marathon intends to lease the subject property to
Habitat for development with four units of affordable housing; and
WHEREAS, on September 26, 2018, the Land Authority Advisory Committee considered this
resolution and voted 4/0 to recommend approval; NOW, THEREFORE,
BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY:
Section 1 . The subject property is hereby added to the Acquisition List as an affordable housing
site.
Section 2 . The Land Authority is hereby authorized to purchase the subject property for the
purchase price of $270,000.00. Once the property has been acquired, the Land Authority is
authorized to convey the property to the City of Marathon subject to affordable housing deed
restrictions.
Page 1 of 2
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this day of ' 2018.
Commissioner Heather Carruthers _
Commissioner Sylvia Murphy
Commissioner George Neugent
Mayor David Rice
Chairman Danny Kolhage
(Seal)
ATTEST:
Charles G. Pattison
Executive Director
Approved as to form and legality
Adele V. Stones, Esquire
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Danny Kolhage
Chairman
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Page 2 of 2
Purchase
Property Price
Lot 8 and the south 40 feet of $270,000.00
Lot 9, Block B
Woodburn's Subdivision
Marathon
Seller: Habitat for Humanity of the Middle Keys
PURCHASE CONTRACT
10/17/18
Title Fees & Attorney Recording
Appraisal Insurance Fee Fee
$2,000.00 $1,800.00 $475.00 $35.50
DONATION TO CITY OF MARATHON
10/17/18
Property
Lot 8 and the south 40 feet of
Lot 9, Block B
Woodburn's Subdivision
Marathon
Purchase
Title
Attorney
Recording
Price
Survey Insurance
Fee
Fee
$0.00
N/A N/A
$475.00
$61.00
$274,310.50
Total
$536.00
Total Cost $274,846.50
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AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT is made and entered into this day of 2018, by
and between
Habitat for Humanity of the Middle Keys, Inc.
(hereinafter "Seller(s) "), for themselves, their heirs, executors, administrators, successors and
assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter
"Land Authority ") acting by and through the Executive Director of the LAND AUTHORITY.
WITNESSETH:
In consideration of Ten Dollars ($10.00) in hand, paid by the LAND AUTHORITY, the receipt of
which is hereby acknowledged, the Seller(s) agree to sell to the LAND AUTHORITY certain lands
upon the terms and conditions hereinafter set forth, and for the price of $270,000.00 for all of the
lands and other interests, which lands shall include all tenements, hereditaments, together with all
water and other rights, easements, appurtenances, and any and all of the Seller's rights in or
arising by reason of ownership thereunto belonging, owned by them, situate and lying in the
County of Monroe, State of Florida, more particularly described as follows; to -wit:
Lot 8 and the South 40 feet of Lot 9, Block B, Woodburn's Subdivision (PB 2 -29)
RE# 00325410 - 000000
2. The Seller(s) agree that they have full right, power and authority to convey, and that they will
convey to the LAND AUTHORITY the fee simple title together with legal and practical access
thereto clear, free and unencumbered, except subject to the following easements or reservations:
Existing easements for canals, ditches, flumes, pipelines, railroads, public highways and roads,
telephone, telegraph, power transmission lines and public utilities.
The LAND AUTHORITY, at the LAND AUTHORITY'S expense, within the time allowed to deliver
evidence of title and to examine same, may have the real property surveyed and certified by a
registered Florida surveyor. If the survey discloses encroachments on the real property or that
improvements located thereon encroach on setback lines, easements, lands of others, or violate
any restrictions, contract covenants, or applicable governmental regulations, the same shall
constitute a title defect.
Seller(s) shall convey a marketable title subject only to the aforementioned liens, encumbrances,
exceptions or qualification set forth herein. Marketable title shall be determined according to
applicable title standards adopted by authority of the Florida Bar and in accordance with law. The
LAND AUTHORITY shall have sixty (60) days from the effective date of this Agreement in which to
examine title. If title is found defective, the LAND AUTHORITY shall, within this specified time
period, notify Seller(s) in writing specifying defect(s). If the defect(s) render title unmarketable the
Seller(s) will have one hundred twenty (120) days from receipt of notice within which to remove
the defect(s). The Seller(s) will use diligent effort to correct defect(s) in title within the time
provided therefore, including the bringing of necessary suits, failing which the LAND AUTHORITY
shall have the option of either accepting the title as it then is or rescinding the Agreement herein.
3. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or title to
said lands may be diminished or encumbered while this Agreement is pending. It is further agreed
that any loss or damage occurring prior to the vesting of satisfactory title in the LAND
AUTHORITY by reasons of the unauthorized cutting or removal of products therefrom, or because
of fire, shall be borne by the Seller(s); and that, in the event any such loss or damage occurs, the
LAND AUTHORITY may, without liability, refuse to accept conveyance of said lands.
4. The Seller(s) further agree that during the period covered by this instrument officers and
accredited agents of the LAND AUTHORITY shall have at all reasonable times the unrestricted
right and privilege to enter upon said lands for all proper and lawful purposes, including
examination of said lands and the resources upon them. The Seller(s) hereby waive their rights to
any and all claims against the LAND AUTHORITY, Monroe County, or the State of Florida
associated with, or arising from ownership of, said lands and this waiver shall survive closing.
5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the LAND
AUTHORITY a good and sufficient deed of warranty conveying to the LAND AUTHORITY a
marketable title to the said lands of such character as to be satisfactory to the legal counsel of the
LAND AUTHORITY and said deed shall provide that the use, occupation and operation of the
rights -of -way, easements and reservations retained therein, shall be subordinate to and subject to
such rules and regulations as may be prescribed by the LAND AUTHORITY governing the use,
occupation, protection and administration of lands.
6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and
other interests at the price of $270,000.00. The LAND AUTHORITY further agrees that, after the
preparation, execution, and delivery of the deed, and after the legal counsel of the LAND
AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will cause to
be paid to the Seller(s) the purchase price. The LAND AUTHORITY shall pay the following
expenses associated with the conveyance of the property: deed recording fees, settlement fees,
abstract fees, title examination fees, the Buyer's attorney's fees, and title insurance, as well as the
prorata share of prepaid real property taxes allocable to the period subsequent to the vesting of
title in the LAND AUTHORITY, or the effective date of possession of such real property by the
same, whichever is earlier. The Seller(s) shall pay the expenses of documentary stamps to be
affixed to the deed and the removal of trash, debris, and structures from the property, if any, and
real estate commissions, if any. Full possession of the premises shall pass to the LAND
AUTHORITY as of the date payment is made to the Seller(s) subject only to the reservations
stated in Section 2 above.
7. It is mutually agreed that an abstract, title insurance policy or other evidence of title to the property
herein contracted to be sold, satisfactory to the legal counsel of the LAND AUTHORITY will be
obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to
furnish to the LAND AUTHORITY any documents in Seller(s)'s possession establishing evidence
of title including, but not limited to, abstracts, title commitments, title policies and opinions of title.
8. It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at
the date title vests of record in the LAND AUTHORITY, whether or not such taxes and
assessments are then due and payable.
9. It is mutually understood and agreed that notice of acceptance of this Agreement shall be given to
the Seller(s) by mail addressed to the Seller(s) at the following address:
8055 Overseas Highway
Marathon, FL 33050
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and shall be effective upon date of mailing and shall be binding upon all of the Seller(s) without
sending a separate notice to each, except as such obligation may be affected by the provisions of
paragraph 6 hereof.
10. The property shall be delivered at closing free of any tenant or occupancy whatsoever.
11. The Seller(s) shall close any open building permits or code violations prior to closing, except any
building permits pertaining to the construction of affordable housing units on the property.
12. The effective date of this Agreement shall be that date when the last one of the Seller(s) and the
LAND AUTHORITY has signed this Agreement.
13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until October 2, 2018 to
sign and return this Agreement to the LAND AUTHORITY. This Agreement may be executed in
counterparts. Notwithstanding any provision of this Agreement to the contrary, the closing of this
transaction is contingent upon:
a) approval by the Advisory Committee and Governing Board of the LAND AUTHORITY; and
b) the City of Marathon accepting title to the property from the LAND AUTHORITY with said title
encumbered with affordable housing deed restrictions at a simultaneous closing.
In the event said contingencies are not satisfied and the transaction closed by January 31, 2019,
the LAND AUTHORITY shall have the right to terminate this Agreement by providing written notice
at any time thereafter, at which point both the LAND AUTHORITY and the Seller(s) shall be
released of all further obligations under this Agreement.
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten
Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the LAND
AUTHORITY or its authorized representative, or any other office or agent of the LAND AUTHORITY
authorized to purchase said lands, the option and right to enter into this Agreement for Purchase
within sixty (60) days from the execution thereof by the Seller(s), and to purchase said lands as herein
provided.
Seller/ Habitat for Humanity of the Middle Keys, Inc.
By: Blair Shiver, President
Signature
Date Phone Number
The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting
EXECUTIVE DIRECTOR in accordance with Resolution 03 -2016, has executed
behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
1 2018.
by and through its
this Agreement on
this day of
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
Charles G. Pattison, Executive Director
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Sponsored by: Lindsey
CITY OF MARATHON, FLORIDA
RESOLUTION NO. 2018-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, NOMINATING PROPERTY FOR PURCHASE
BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY FOR THE PURPOSES OF SUPPORTING WORKFORCE
HOUSING (RE NO. 00325410- 000000); AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City of Marathon desires the Monroe County Comprehensive Plan Land
Authority to purchase a property (RE No. 00325410- 000000) for workforce housing as identified
in "Exhibit A "; and
WHEREAS, purchase of the subject property for workforce housing property is
consistent with the policies of the City's Comprehensive Plan and Land Development
Regulations; and
WHEREAS, the property owners have agreed to discuss sales of the subject properties to
the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority "); and
WHEREAS, the Land Authority wishes to assist the City in acquiring the subject
property as workforce housing land.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARATHON, FLORIDA, THAT:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. The City Council hereby nominates the subject property for purchase by the
Land Authority as identified in "Exhibit A" for workforces housing. Upon the Land Authority's
purchase of the subject property, the City Council hereby requests that the Land Authority
transfer title to the City of Marathon.
Section 3. The City Mayor is hereby authorized to execute an affordable housing deed
restriction in favor of the Land Authority as may be required.
Section 4. The City shall further waive stormwater and wastewater fees and assessments.
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Section 5. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MARATHON,
FLORIDA, THIS 14TH DAY OF AUGUST, 2018.
THE CITY OF MARATHON, FLORIDA
AYES: Bartus, Cook, Semnartin, Zieg, Coldiron
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Diane Clavier, City Clerk
(City Seal)
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE
OF THE CITY OF MARATHON, FLORIDA ONLY:
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Exhibit "A"
Aerial Photograph of Subject Property
RE No. 00325410- 000000
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Packet Pg. 1928
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11 x 17" SCALE 1 —z • —o'
24" % 36" SCALE 1 " -1 —0"
PROP. LANDSCAPE
— — — BUFFER TREE (TYPE 3)
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PROP.LANDSCAPE
TREE (TYPE 3)
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EX. MATURE TREES
TO REMAIN (TYP.)
SET BACK LINE (TYP.)
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1,404 SF DUPLEX
W/ PARKING BELOW
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EX. MATURE TREES
TO REMAIN (TYP.)
SITE DATA:
ADDRESS: 818 51ST STREET, MARATHON
RE #: 00325410 - 000000
AREA: 17,920.72 SF (0.41 ACRES)
ZONING: RESIDENTIAL MEDIUM (RM)
FLUM: RESIDENTIAL MEDIUM
DENSITY: 5 MARKET RATE UNITS /ACRE (2.05 UNITS)
10 AFFORDABLE UNITS /ACRE (4.1 UNITS)
MIN LOT AREA PER UNIT:
MARKET RATE: 8,712 SF
AFFORDABLE: 4,356 SF
SETBACKS:
FRONT, MIN: 20 FEET
REAR, MIN.: 20 FEET
SIDE 1, MIN: 5 FEET
SIDE 2. MIN: 5 FEET
BUILDING HEIGHT: MAX. 37 FEET
OPEN SPACE REQUIREMENTS: 20% (3,584.14 SF)
MIN. STREET LOT WIDTH: 100 FEET
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AERIAL E XHIBIT OQ 10Q 51ST STREET DDAI
JO B DAVID DOUGLAS ASSOCIATES, INC.
JO U # 1 p °-0 1 20 DATE: 08 -01 -2018 11400 Overseas Highway, Suite 208, Marathon, FI, 33050 P Packet Pg. 1929
Habitat for Humanity of the Middle Keys is
now accepting homeowner applications through October 15th, 2018!
The six homes in Marathon will be 3 bd - 2 ba, 1/2 duplexes with a completion date in 2019
Homeownership applications are available at:
• The Habitat for Humanity office - 8055 Overseas Hwy, Marathon, M-F 9am-5p
• Our two informational meetings:
• Fire Station Meeting Room - 8900 Overseas Hwy, Marathon
• Thursday, Sept 13that6:30pm and Saturday, Sept 15th at 10am
• Our website: www.HabitatMiddleKeys.org
Guidelines for basic criteria needed to apply to purchase a home through the Habitat Homeownership Prograr
• Need. There are many ways to demonstrate need; some examples include (but are not limited to): curr
living conditions are unsafe, the space is too small for the size of the family, or the rent is above an acceptab'
debt-to-income ratio.
• Willingness to partner. There is a required completion of 350 "sweat equity" hours for each selected fam
These hours involve working side-by-side with Habitat on your own home, working on other Habitat homes,
helping at Habitat events, and taking homeownership classes offered by Habitat.
• Residency Requirement. The applicant or co-applicant must have lived in Marathon, FL for the past 12
months or longer, 70% of the household income must come from working in Marathon, and all income must
from a U.S. Citizen or legal permanent resident.
• Ability to pay.
Minimum Household Income is $50,000 per year (this is based on an estimated mortgage for th
home and recommended guidelines for income to debt ratios).
Maximum Household Income may not exceed 80% of Area Median Income for Monroe Count,
listed below and adjusted to family size.
Household Size Single Head of Household
2 $56,450
3 $63,500
4 $70,550
5 $76,200
Married or Domestic Partners
$75,267
$84,667
$94,067
$101,600
Building Homes, Building Hope, and Making Dreams ComeTJ
Habitat for Humanity is a nonprofit, ecumenical Christian ministry that builds homes with people in need of
affordable homeownership regardless of race, color, religion, national origin, sex, family status and disability.
The homes are sold to qualified buyers following a nondiscriminatory policy of selection. c
EQUAL H
OPPORI
8055 Overseas Hwy, Marathon, FL 33050 * 305-743-9828 * fsm@hlbitatmiddlekeys.org
vvww.HabitatMiddleKeys.org
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Christine Told Young <citristineatodd@gi aii.corn
Que stion: How many affordable housing rental units exist or have been authorized?
Brian Shea <sheab @ci.marathon.fl.us>
Fri, Aug 24, 2018 at 1:21 PI
To: Habitat - Middle Keys < execdirector @habitatmiddiekeys.org>
This is some of the stuff. There are also the units behind
Winn Dixie, and the units on 41 street that are managed by the Housing
Authority. There are also some MKCLT units on 91st
Description
Classification
# Units
73rd Street
Built
57
Mike Aranda, 41st Street
Approved
14
4800 Overseas Hwy
Approved
55
Crystal Cove
Approved
46
Seagrape
Built
84
Knights Key _
Built
30
Overseas Village
Built
12
Hyatt
Built
14
Tarpon Harbor
Built
62
Pelican Pond
Built
10
Seaward Property
Proposed
45
IMBY Inc (51st St) /Habitat
Approved
4
Boatworks Investment
Proposed
52
250 Gulf Terrace
Proposed
9
Seaview Commons
Proposed
64
Anchor Inn
Approved
11
Total: 569