12/19/2019 Restriction Agreement ePN Recorded electronically
ID a2a C2 O& O.i4;.3o/611iic61
County Ili o roe F(--
Date 4 I c 1 Zo 2a
Time a D"7 P n-)
THIS INSTRUMENT PREPARED
BY AND RETURN TO:
Adele V.Stones,Esq.
Oropeza,Stones,&Cardenas,PA
221 Simonton Street
• Key West,FL 33040
LAND USE RESTRICTION AGREEMENT
Howard's Haven Property: 31535 Avenue C, Big Pine Key, FL
(RE#00302670-000000)
THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made
and entered into as of the ,250' day of Marcie') , 2020, between the MONROE
COUNTY, a political subdivision of the State of Florida (hereinafter "County") and the
MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority
pursuant to section 380.0663(1), Florida Statutes and Monroe County Ordinance No. 031-1986
(hereinafter "Land Authority"), and their respective successors and assigns.
RECITALS
A. The Howard's Haven property is legally described as Lots 1, 2, 3, and 4, Block
22, Sands as recorded in Plat Book I, Page 65, of the Public Records of Monroe County,
Florida (hereinafter "Subject Property") and currently has a street address of 31535 Avenue C
on Big Pine Key, Florida and a Parcel Identification Number of RE #00302670-000000.
B. Monroe County has purchased the Subject Property as an affordable housing site
using funding from the Land Authority.
C. As a condition of receiving said funding from the Land Authority, in accordance
with Land Authority Resolution 09-2019 and as authorized by the Monroe County Board of
County Commissioners on October 16, 2019, the County has agreed that the Subject Property
shall comply with the affordable housing requirements specified herein.
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:
Page 1 of 6
ARTICLE I
COMPLIANCE WITH LAND AUTHORITY REQUIREMENTS
In order to comply with the Land Authority's requirements pursuant to section
380.0663(1), et seq., Florida Statutes and Monroe County Ordinance No. 031-1986, the County
hereby covenants and agrees as follows:
1.01 The restrictions contained in this Article I shall not expire, shall run with the Subject
Property in perpetuity and shall be binding upon the County, its successors or 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, the Florida Housing Finance Corporation, or any other
entity providing affordable housing on the Subject Property from setting more restrictive
income limits than those imposed by this Agreement.
1.03 The County is responsible for ensuring compliance with the restrictions in this Article I
and expressly agrees to furnish, upon the Land Authority's request, written certification
thereof.
ARTICLE II
CONSIDERATION
In addition to other purposes, the Land Authority has provided over $850,000.00 of
funding for the County to purchase the Subject Property as an inducement to the County to
restrict use of the Subject Property to affordable housing in perpetuity. In consideration of said
Land Authority funding for the foregoing purposes, the County and the Land Authority have
entered into this Agreement.
ARTICLE III
RELIANCE
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.
ARTICLE IV
TERM
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.
Page 2 of 6
ARTICLE V
ENFORCEMENT
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 therewith.
6.02 This Agreement and the covenants contained herein shall run with the land and
shall bind, and the benefits shall inure to, respectively, the County and the Land Authority and
their respective successors and assigns during the term of this Agreement.
ARTICLE VII
GOVERNING LAW
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.
ARTICLE VIII
NOTICE AND EFFECT
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 parties may provide to one another 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.
Page 3 of 6
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`h 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.
ARTICLE IX
MISCELLANEOUS
9.01. 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.
Page 4 of 6
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
Howard's Haven Property: 31535 Avenue C,Big Pine Key, FL
(RE #00302670-000000)
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.
WITNESSES: MONROE COUNTY
Print: fydr'P_ 1/ SIph, --
By:
eather arrut s, Mayor
Print: ca. ( Sc.k-,r.�
Address: 500 Whitehead Street
Key West, FL 33040
[SEAL]
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this /" day of
/k r L._ , 2020 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.
1 ARI CAROL A.SCHRECK
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2021 Notary Public. tate of Florida
."4:g„�R:+' eoneea„n,Noary woac under""ers Print Name: e!'6%4 A (. t- om
My Commission Expires:
My Commission No.:
MONROE COUNTY ATTORNEY
APPR•��FORM: ,
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COUNTY A •
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Page 5 of 6
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
Howard's Haven Property: 31535 Avenue C, Big Pine Key, FL
(RE #00302670-000000)
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.
WITNESSES: MONROE COUNTY COMPREHENSIVE PLAN
LAND AUTHORITY
Print: me r v k Ri C�
y By: sek‹..—
a�11 David P. Rice, Chairman
Print:"'�a tvla v'a. L.ma V'c1 h q_
Address: 1200 Truman Avenue
Suite 207
Key West, FL 33040
[SEAL]
Approved as to form and legality
/4t .-
Adele V. Stones, Esq.
STATE OF FLORIDA
COUNTY OF MONROE
Thf foregoing instrument was acknowledged before me this 25 day of
ma-re.h by David P. Rice, as Chairman of the MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY, a land authority pursuant to section
380.0663(1), Florida Statutes and Monroe County Ordinance No. 031-1986, on behalf of the
Land Authority. Said person is personally known to me or has produced a valid driver's license
as identification.
/9--
Notary Public; State of Florida
ex''•:!ki+ TAMARA IMARCHE Print Name—>—a ra L niare.AQ_
G111616on 4 GG 11e310
DmjulY4,2°21 My Commission Expires: ,�ul 2 2-f
r �a ,a„w H.wrs wiM My Commission No.: Gd- it gq'zO
Page 6 of 6