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BOARD OF COUNTY COMMISSIONERS
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Mayor Heather Carruthers, District 3
Mayor Pro Tem Michelle Coldiron, District 2
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Craig Cates, District 1
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David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
February 19, 2020
Agenda Item Number: 0.10
Agenda Item Summary #6606
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
No
AGENDA ITEM WORDING: Approval of a Resolution accepting the transfer of Monroe County
Comprehensive Plan Land Authority's real property located at 252 Sands Road, Big Pine Key,
RE400300580-000000 and authorization execution of attached Land Use Restriction Agreement for
affordable housing.
ITEM BACKGROUND:
The Land Authority purchased Block 2, Lot 18, Darios Subdivision (252 Sands Road) on Big Pine
Key, Monroe County, Florida (RE400300580-000000), as an affordable housing site in 2019. The
property consists of a 5,885 square foot, previously developed, ROGO-exempt lot at the corner of
Sands Road and Mercedes Road on the bay side of Big Pine Key, near mile marker 31. The property
has a tier designation of Tier 1-Natural Area, a zoning designation of Improved Subdivision, and
disturbed vegetation. 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
rise, estimates provided by the South Florida Water Management District indicate this property will
have a 25.1 % to 74.9% probability of being inundated.
The County is in need of a site in the Lower Keys on which to build a "Tiny Home" single-family
residence. The constructed "Tiny Home" will be used initially as a demonstration project (i.e. model
home) for up to one (1) year. Thereafter, the parcel will be used for occupied affordable housing.
The Land Authority has proposed a companion resolution authorizing the transfer of the property to
the County subject to a Land Use Restriction Agreement restricting the use of the property to
affordable housing for a household where income does not exceed 160% of the Area Median
Income.
This proposed resolution requests the BOCC to accept the Land Authority's transfer of
RE400300580-000000, 252 Sands Road, Big Pine Key, Florida, to Monroe County and require the
County to execute the Affordable Housing Land Use Restriction Agreement.
PREVIOUS RELEVANT BOCC ACTION:
2/18/2018 (D3) Board approved four (4) sites for "Tiny Home"/Code Compliant Small Modular
Units as an affordable alternative housing solution on scattered sites throughout
Monroe County.
CONTRACT/AGREEMENT CHANGES:
No
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
STAMPED Resolution Accepting Transfer of 252 Sands Rd BPK for Tiny Home and Authorize Ex
Land Use Deed Restriction Agreement
STAMPED Attachment A. to Resolution: Land Use Restriction Agreement Affordable Tiny Home
252 Sands Rd, BPK
Aerial 252 Sands Rd. BPK
FINANCIAL IMPACT:
Effective Date: February 19, 2020
Expiration Date: n/a
Total Dollar Value of Contract: n/a
Total Cost to County: Unknown, nominal recording fee
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: n/a
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: n/a
Grant: n/a
County Match: n/a
Insurance Required: n/a
Additional Details:
If yes, amount:
Nominal cost of closing/recording.
REVIEWED BY:
Bob Shillinger
Paunece Scull
Budget and Finance
Maria Slavik
Completed
Completed
Completed
Completed
02/05/2020 1:54 PM
02/05/2020 1:55 PM
02/05/2020 2:20 PM
02/05/2020 3:01 PM
Kathy Peters Completed 02/05/2020 3:13 PM
Board of County Commissioners Pending 02/19/2020 9:00 AM
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WHEREAS,• :i 1•!!Florida!awers the Monroe County
Comprehensive ! Authority (hereinafter. a • to acquire and dispose of
real property when necessary to provide affordable housing; and
WHEREAS, • 1, Authority acquired Block • !;: • ' i 3-92) at 252 Sands
housingRoad on Big Pine Key, RE# 00300580-000000 (hereinafter "Subject Property") as an affordable
site; and
WHEREAS, Monroe County desires to construct a "Tiny Home" single family residence
that will be approximately 640 square feet on the property; and
project,
WHEREAS, thereafter Monroe County will use the property for affordable housing and
saidHome"! by • e qualified household;and
WHEREAS, on July 31, 2019 the Land Authority Advisory Committee voted 3/0 to
approve tr•ect Property to either Monroe County or the Monroe
affordable
NOW i' RESOLVED BY THE BOARD OF i
COMMISSIONERS OF i 1COUNTY,i' athat the transfer of 252 Sands
enteredRoad, Big Pine Key, RE# 00300580-000000, from the Monroe County Comprehensive Plan
Land Authority be accepted, and the Land Use Restriction Agreement shown as Attachment A be
into.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the I 91h day of February, 2020.
Mayor Heather Carruthers
Mayor Pro Tem Michelle Coldiron
Commissioner Craig Cates
Commissioner David Rice
Commissioner Sylvia Murphy
(SEAL)
ATTEST: KEVIN MADOK, CLERK
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Mayor Heather Carruthers
MONROE COUNTY ATTORNEY'S OFFICE
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PAUNECE SCULL
Page 2 of 2 ASSISTANT COUNTY A NEY
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Adele V. Stones, Esq.
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221 Simonton Street
Key West, FL 33040
Tiny Home Property: 252 Sands Road, Big Pine Key, F
(RE#00300580-000000) I
THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is mac13
and entered into as of the day of 2020, between MONRO
COUNTY, a political subdivision of the State of Florida (hereinafter "County") and t
MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authori
pursuant to Section 380.0663(l), Florida Statutes and Monroe County Ordinance No. 031-19
(hereinafter "Land Authority"), and their respective successors and assigns.
A. The Tiny Home property is legally described as Lot 18, Block 2, Darios as
recorded in Plat Book 3, Page 92, of the Public Records of Monroe
County, Florida (RE#00300580-000000) (hereinafter "Subject Property")
and currently has a street address of 252 Sands Road on Big Pine Key,
Florida.
B. The Land Authority has purchased the Subject Property as an affordable
housing site.
accordance with Land Authority Resolution No. the Land
Authority has conveyed the property to the County.
D. The Monroe County Board of County Commissioners adopted Resolution No.
---- - 2020 accepting the Land Authority's transfer of the Subject Property
to Monroe County for development with Tiny Home affordable housing.
E. As a condition of receiving the Subject Property from the Land Authority, the
County has agreed that the Subject Property shall comply with the affordable
housing requirements specified herein.
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NOW THEREFORE, in consideration of the mutual covenants and undertakings set
forth herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the County and the Land Authority do hereby contract and agree as
follows:
ARTICLE I
in order to comply with the Land Authority's requirements pursuant to section
380.0663(l), et seq., Florida Statutes and Monroe County Ordinance No. 031-1986, the County
hereby • and agrees as •
1.01 The • contained in this Article I shall not • shall run with the
Subject Property in perpetuity and shall be binding upon the County, its
•, • assigns.
1.02 Use of the Subject Property shall be restricted to the provision of affordable
housing for households whose income does not exceed 160% of the Area Median
Income. Nothing herein shall preclude the County or any other entity providing
affordable • • the Subject Property from setting more restrictive •
limits than • imposed by this Agreement.
1.03 The County is responsible • ensuring compliance with the restrictions in this
Article I and expressly agrees to furnish, upon the Land Authority's request,
written • thereof.
In • to • purposes, the Land Authority has conveyed title to the Subject
•f- to the County as an inducement to the County to restrict use of the Subject Property to
affordable housing in perpetuity. In consideration of said Land Authority conveyance for the
foregoing purposes, the County and the Land Authority have entered into this Agreement.
■
In performing its duties hereunder, the Land Authority may rely upon statements and
certificates of the County, its tenants, and the residents of the Subject Property believed to be
genuine and to have been executed by the proper person or persons, and upon audits of the books
and records of the County pertaining to occupancy of the Subject Property.
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This Agreement shall become effective upon its execution and delivery, and shall remain
in full force and effect without expiration, unless modified by mutual written consent of the
parties.
If the County defaults in the performance of its obligations under this Agreement or
breaches any material covenant, agreement or warranty of the County set forth in this
Agreement, and if such default remains uncured for a period of thirty (30) days after written
notice thereof shall have been given by the Land Authority to the County, then the Land
Authority may take any action at law or in equity or otherwise to address said default(s).
However, if the default stated in such notice can be corrected, but not within the thirty (30) day
period, and if the County adopts a plan to correct or cure the default and commences the
correction within the thirty (30) day period (subject to any rights of tenants in possession of units
under a valid lease agreement), and thereafter diligently pursues the same to completion within
such extended period, the Land Authority shall not have waived its right of enforcement if the
default remains uncured after the expiration of the extended cure period.
ARTICLE VI
RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND
6.01. Upon execution the County shall cause this Agreement and all amendments and
supplements hereto to be recorded and filed in the official public records of
Monroe County and shall pay all fees and charges incurred in connection
VcerewiA.
6.02 This Agreement and the covenants contained herein shall run with the land
shall bind, and the benefits shall inure to, respectively, the County and the L
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Agreement.
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This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida, with respect to both substantive rights and with respect to procedures and
remedies.
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All notices and other communications to be made or permitted to be made hereunder
shall be in writing and shall be delivered to the addresses shown below or to such other addresses
that the • may provide to one • in accordance herewith. Such notices and other
communications shall be given by any of the following means: (a) personal service or (b)
national express air courier, provided such courier maintains written verification of actual
delivery. Any notice or other communication given by the means described in subsection (a) or
(b) above shall be deemed effective upon the date of receipt or the date of refusal to accept
delivery by the party to whom such notice or other communication has been sent.
Land Authority: Monroe County Land Authority
1200 Truman Avenue, Suite 207
Key West, FL 33040
Attention: Executive Director
County: Monroe County Attorney's Office
1111 12 1h Street, Suite 408
Key West, FL 33040
Attention: County Attorney
Any party may change said address by giving the other parties hereto notice of such
change of address in accordance with the foregoing provisions.
1.01. If any provision of this Agreement shall be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining portions shall not in any way
be affected or impaired.
9.02. This Agreement may be simultaneously executed in multiple counterparts, all of
which shall constitute one and the same instrument and each of which shall be
deemed to be an original.
NPIMEM
Tiny Home Property: 252 Sands Road, Big Pine Key, F
RE#00300580-000000 i
IN WITNESS WHEREOF, the County and the Land Authority have caused this
Agreement to be signed, sealed and attested on their behalf by duly authorized representatives,
all as of the date first set forth above.
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Heather Carruthers, Mayor
The foregoing instrument was acknowledged before me this . day of
,20 by Heather Carruthers, as Mayor of MONROE COUNTY, a political
subdivision of the State of Florida, on behalf of the County. Said person is personally known to
me or has produced a valid driver's license as identification.
Print Name:
My C9,aimissign Exyi
My Commission No.:
Tiny Home Property: 252 Sands Road, Big Pine Key, F
RE#00300580-000000 I
IN WITNESS WHEREOF, the County and the Land Authority have caused this
Agreement to be signed, sealed and attested on their behalf by duly authorized representatives,
all as of the d
WITNESSES: MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Print:
By:
David P. RChairman
Address: 1200 Truman Avenue
Suite 207
Key West, FL 33040
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The foregoing instrument was acknowledged before me this - day of
--, 2020, by David P. Rice, as Chairman of the MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY, a land authority pursuant to section
380.0663(l), Florida Statutes and Monroe County Ordinance No. 031-1986, on behalf of the
r,and Authority. Said person is personally known to me or has produced a valid driver's license
.q.s identificq.tion.
My Commission No.:
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Aerial Photograph of Subject Property
Block 2, Lot 18, Darios
Big Pine Key
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