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Resolution 064-2020 RESOLUTION NO. 064 -2020 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ACCEPTING THE TRANSFER OF REAL PROPERTY LOCATED AT BLOCK 2, LOT 18, DARIOS SUBDIVISION (252 SANDS ROAD) ON BIG PINE KEY FROM THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY FOR DEVELOPMENT WITH "TINY HOME" AND AUTHORIZING THE EXECUTION OF A LAND USE RESTRICTION AGREEMENT FOR AFFORDABLE HOUSING. WHEREAS, Section 380.0666(3), Florida Statutes, empowers the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority") to acquire and dispose of real property when necessary to provide affordable housing; and WHEREAS, the Land Authority acquired Block 2, Lot 18, Darios (PB 3-92) at 252 Sands Road on Big Pine Key, RE# 00300580-000000 (hereinafter "Subject Property") as an affordable housing 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 WHEREAS, for a temporary period of one year or less after construction is completed Monroe County will use the Subject Property as a "Tiny Home" model home demonstration project, during which time the structure may or may not be occupied; and WHEREAS, thereafter Monroe County will use the property for affordable housing and said"Tiny Home"will be occupied by an income qualified household; and WHEREAS, on July 31, 2019 the Land Authority Advisory Committee voted 3/0 to approve transferring the Subject Property to either Monroe County or the Monroe County Housing Authority for development with affordable housing; and WHEREAS, Monroe County will execute and record a Land Use Restriction Agreement for affordable housing on the parcel; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that the transfer of 252 Sands Road, 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 entered into. • Page 1 of 2 • PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 19th day of February, 2020. Mayor Heather Carruthers Yes Mayor Pro Tern Michelle Coldiron Yes Commissioner Craig Cates Yes Commissioner David Rice Yes Commissioner Sylvia Murphy Yes _ BOARD OF COUNTY COMMISIONERS �,," ` � c0? h:, ' OF MONROE C UNT FLORIDA E) BY: / / �r ia�1,E L �� (!i " : 4 ' •' ` .y Mayor eat er arruthers \ � .(SE ):f- -�-°hw TT ?ST:' KEVIN MADOK, CLERK Y: eputy Clerk Ill O� P"r'1 �% r•; GU 74 -71 CD•c': N Q —a c- ,, rn tV 2 D O CI O MONROE COUNTY ATTORNEY'S OFFICE APPROVE TO FO 2 of 2 PAUNECE SCULL Page ASSISTANT COUNTY ATTO NEY DATE: VOS/ ATTACHMENT A 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 Tiny Home Property: 252 Sands Road,Big Pine Key,FL (RE#00300580-000000) THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made and entered into as of the 19th day of February , 2020, between 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 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. C. In accordance with Land Authority Resolution No. 03-2020 , the Land Authority has conveyed the property to the County. D. The Monroe County Board of County Commissioners adopted Resolution No. 064 - 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. Page 1 of 6 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 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 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 conveyed title to the Subject Property 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. 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. Page 2 of 6 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. 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. Page 3 of 6 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. 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 12th 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 Tiny Home Property: 252 Sands Road, Big Pine Key, FL RE#00300580-000000 IN WITNESS WHEREOF, the County and the Land Authority have caused this ,p�, ,.Agreementeto be signed, sealed and attested on their behalf by duly authorized representatives, ,.;v,`!c. r i3;; _all`as:of therdate first set forth above. Y 1 , , 0' (SEAL) {:"ix rt BOARD OF COUNTY COMMISSIONERS zATT.EST:'KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Heat er arruthers, Mayor Address: 500 Whitehead Street Key West, FL 33040 STATE OF FLORIDA COUNTY OF MONROE / The foregoing instrument was acknowledged before me this 27i& day of , 20 z° by Heather Carruthers, as Mayor of MONROE COUNTY, a political subdivisi 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. C?? o Notary Public - State of Florida o zr LU N Print Name: PAMELAG.HAN000K a. } My Commission Exp 125 ' MY COMMISSION N GG 935$99 Q ==� My Commission NO. �' o � EXPIRES:February22,2024 : CV _,Lam• undenwQere Lid L.z 4v G MONROE COUNTY ATTORNEY'S OFFICE PRO D AS TO FO A PAUNECE SCULL ASSISTANT COUNTY ATTORNEY DATE: 0,7c15-/ ? Page 5 of 6 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT Tiny Home Property: 252 Sands Road,Big Pine Key,FL RE#00300580-000000 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: By: David P. ce,Chairman Print: Yi e 2 /c Address: 1200 Truman Avenue Suite 207 Key West,FL 33040 A rru_oh,7 [S S'��`� CU 'L� Approved as to formlegality: 11 Ada' j Adele V. Stones, Esq. ``� • "7,eunrse+ STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this Z7 day of � 2020, by David P. Rice, as Chairman of the MONROE COUNTY COMPREH ISIVE 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. .. i-s-i------fivvai\c9_,___ Ea.1oAa/p__fLa -- Notary Public- State of Florida Print Name: ( La.Ma2rL_n� My Commission Expires: jolti.4, 202i My Commission No.: %/lob' (6.g) At►rr w TAWRA UUIMCHE Page 6 of 6 C sion#GG 11�i2S g ' : Expims July 4,2021 74*Ro*. Bonded Ma19sl Nair?Sots RESOLUTION NO. 03-2020 A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING THE TRANSFER OF BLOCK 2, LOT 18, DARIOS SUBDIVISION (252 SANDS ROAD) ON BIG PINE KEY TO MONROE COUNTY FOR DEVELOPMENT WITH "TINY HOME" AFFORDABLE HOUSING SUBJECT TO A LAND USE RESTRICTION 'AGREEMENT. WHEREAS, Section 380.0666(3), Florida Statutes, empowers the Monroe County Comprehensive Plan Land Authority (hereinafter"Land Authority")to acquire and dispose of real property when necessary to provide affordable housing; and WHEREAS, the Land Authority acquired Block 2, Lot 18, Darios (PB 3-92) at 252 Sands Road on Big Pine Key(hereinafter"Subject Property") as an affordable housing 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 WHEREAS, for a temporary period of one year or less after construction is completed Monroe County will use the Subject Property as a "Tiny Home" model home demonstration project, during which time the structure may or may not be occupied; and WHEREAS, thereafter Monroe County will use the property for affordable housing and said "Tiny Home"will be occupied by an income qualified household; and WHEREAS, on July 31, 2019 the Land Authority Advisory Committee voted 3/0 to approve transferring the Subject Property to either Monroe County or the Monroe County Housing Authority for development with affordable housing; NOW,THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY that the Chairman is authorized to sign a deed and closing documents transferring the Subject Property to Monroe County provided Monroe County has executed the Land Use Restriction Agreement shown as Attachment A. PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regularvrP- I%•'on this 19th day of February , 2020. t\ Mayor Heather Carruthers Yes E , =,\ Commissioner Craig Cates Yes Commissioner Michelle Coldiron Yes • 4 • Commissioner Sylvia Murphy Yes Chairman David Rice�` Yes_ ATT % MONROE COUNTY COMPREHENSIVE c, PLAN LAND AUTHORITY azick64/b- Charles G. Pattison David P. Rice Executive Director Chairman Approved as to form and legality: Adele V.Stones,Esquire Aerial Photograph of Subject Property Block 2, Lot 18, Darios Big Pine Key ' 'r'•Y• • -,fi or r ,:' `, v t, • �_. .'a ;. : i' "' ,y , , ' '16-1°f--,, ,...,,,„y:sT,•'‘.; 24.47'-ii :i" ' ' ....t 4*..- silt''.4,' ' ' 't-: ' . i ' ' i/I (?/*.r-1 ' /1".4 X i It ' t' i I \ rt , . ,. AVENUE -r. • l t 1. .. r l .,. „ M .: p.4 . III ..4 ' ,k i ,. . „. ..„ „ j 11 VEI�RTE G4 ".. * ofigia ; i1 DE RD . ming ' ' `> �. A. _.`-M/E N UL r" s r • /At t AVENUE E } I1, ', . , , 71,..;4.,: :11*%',,,i,.. i ., •, r S IT/S'R , .. •\ 1 r a , , .� .; - AVENUE D