Item S2 S.2
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
July 17, 2019
Agenda Item Number: S.2
Agenda Item Summary #5791
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
N/A
AGENDA ITEM WORDING: Approval of First Amendment to option agreement to purchase
Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven) for affordable housing for an
additional amount of$2,500.00.
ITEM BACKGROUND: The County has entered into an Option Agreement to purchase Howard's
Haven Trailer Park as an affordable housing site in response to the Board's post-Hurricane Irma
direction to acquire and redevelop trailer parks as workforce housing.
The County will be applying for Community Development Block Grant - Disaster Relief (CDBG-
DR) funding for land acquisition and development from the Florida Housing Finance Corporation
(FHFC). In order to meet the FHFC application requirements the County's Option Agreement needs
to be amended to include language specifying that the County's remedy for default on the part of the
Seller includes specific performance.
In consideration of the extension and the additional language authorizing specific performance, the
seller has agreed provided that the County pay an additional $2,500 towards the option plus insisted
on language barring the County from using the property as an RV park upon acquisition.
PREVIOUS RELEVANT BOCC ACTION: On December 19, 2018 the Board approved entering
into an Option Agreement to purchase the subject property.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
HowardsHavenAmendment
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S.2
FINANCIAL IMPACT:
Effective Date: July 17, 2019
Expiration Date: None
Total Dollar Value of Contract: $0.00 plus estimated closing costs of$0.00
Total Cost to County: $0.00
Current Year Portion: $0.00
Budgeted: Yes
Source of Funds: 304 Funds infrastructure sales surtax
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: No
County Match: N/A
Insurance Required: N/A
Additional Details: $0.00 plus closing costs estimated to be approximately $0.00
None
07/17/19 NEW COST CENTER ADDED $0.00
REVIEWED BY:
Charles Pattison Completed 07/01/2019 4:51 PM
Bob Shillinger Completed 07/08/2019 5:36 PM
Budget and Finance Completed 07/09/2019 6:11 PM
Maria Slavik Completed 07/09/2019 9:43 PM
Kathy Peters Completed 07/09/2019 6:24 PM
Board of County Commissioners Pending 07/17/2019 9:00 AM
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S.2.a
FIRST AMENDMENT TO OPTION AGREEMENT FOR THE PURCHASE OF LANDS
THIS FIRST AMENDMENT modifies that certain Option Agreement for the Purchase of Lands
(hereinafter "Agreement") between Howard's Haven, LLC (hereinafter "Seller(s)") and Monroe
County, Florida, (hereinafter "COUNTY"), dated December 19, 2018.
The parties hereby mutually agree as follows:
1. The COUNTY'S remedy for default on the part of the Seller(s) includes or is specific E
performance.
2. The expiration date of the Option Period is hereby extended from December 26, 2019 at
5:00 pm to March 31, 2020 at 5:00 pm.
3. The consideration for said extension to the Option Period shall be $2,500.00, shall be
paid by the COUNTY to the escrow agent within thirty business days of the COUNTY'S
execution of this First Amendment, and shall be otherwise governed by the same terms
as the Option Payment in the Agreement.
4. The Parties agree that the County will use the subject property for the provision of U)
affordable housing and will not use the subject property as a Recreational Vehicle park.
5. All other provisions of the Agreement shall remain in effect.
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IN WITNESS WHEREOF, the parties have hereunto signed their names and affixed their
respective seals.
Seller/ Howard's Haven, LLC
By: Luther S. Ackiss, Manager E
U)
Signature Date
MONROE COUNTY, FLORIDA acting by and through its MAYOR, has executed this Agreement E
on behalf of MONROE COUNTY, FLORIDA this day of
2019.
U)
Buyer/ COUNTY: MONROE COUNTY, FLORIDA
0
KEVIN MADOK, CPA, Clerk
By:
Deputy Clerk Sylvia J. Murphy, Mayor
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