Land Use Restriction Doc N 2264320 Bld/3019 Pelt 2155
Recorded 427 2020 141 PM Pane I of 7
THIS INSTRUMENT PREPARED
BY AND RETURN TO:
Filed and Recorded In Official Records of
Adele V.Stones,Esq. MONROE COUNTY KEV1N MADOK,CPA
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 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
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
r ,4gheein017t^to be signed, sealed and attested on their behalf by duly authorized representatives,
alL as of theiite first set forth above.
.; (SEAL)l,
BOARD OF COUNTY COMMISSIONERS
�. ATTEST: KEVIN MADOK, CLERK OF MONROE
COUNTY, FLORIDA
By: By:
Deputy Clerk Heat er arruthers,Mayor
Add ss: 500 Whitehead Street
Key West, FL 33040
STATE OF FLORIDA
COUNTY OF MONROE
i The foregoing instrument was acknowledged before me this 27,,ek day of
20 1° by Heath'Z r 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.
to Notary Public - State of Florida
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c a Print Name:
My Commission Ex. F�tc y
N My Commission No .,i ' `'xai';^F . 'r
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Li pLa ;L
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MONROE COUNTY ATTORNEY'S OFFICE
APPRD,Oe AS T, FO:
YM
PAUNECE SCULL
ASSISTANT COUNTY ATTORNEY
DATE: Oa/n 1/.'-O 2e5
Page 5 of 6
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
Tiny Home Property: 252 Sands Road,Big Pine Key,FL
14E400300580-000000
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: =/ r' i
By: .(�f` 4=��
/i _
David P.Klee,Chairman
Print: /"
Address: 1200 Truman Avenue
Suite 207
Key West,FL 33040
Approved as to form d legality: •' '' ,%
AC / •
it� f
t ..
Adele V. Stones, Esq. V -
STATE OF FLORIDA �� M
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this 2-7 day of
Val8rU , 2020, by David P. Rice, as Chairman of the MONROE COUNTY
COMPREH SIVE 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.
Notary Public - State of Florida
Print Name: 13mara- Lamar-C hQ�
My Commission Expires: V(tL , 2D21
My Commission No.: //(a� o(4Ge)
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Page 6 of 6 m.Eqa AM 6lotf
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CLOSING STATEMENT FOR DONATION OF LAND
BUYER: Monroe County
SELLER: Monroe County Comprehensive Plan Land Authority
PROPERTY ADDRESS: 252 Sands Road. Big Pine Key. FL
Lot 18. Square 2, Dario's (PB 3-92)
SETTLEMENT DATE: April 24.2020
CREDITS
BUYER SELLER
Purchase Price $ 0.00 S 0.00
EXPENSES
Closing Fee to Adele V. Stones, PA $ 250.00
Attomey's Fees to Adele V. Stones, PA $ 475.00
Documentary Stamps to Monroe County Clerk $ 0.70
Recording Fee to Monroe County Clerk:
Quit Claim Deed—2 Pages $ 18.50
Land Use Restriction Agreement-6 Pages $ 52.50
FUNDS DUE FROM BUYER: $ 0.00
FUNDS DUE FROM SELLER: $ 796.70
BUYER: SELLER:
Monroe County Monroe County Comprehensive Plan
Land Authority
R
By: Lei->ham By: l,K6ti TN, W 4 -
Ro P 19191 fst ator Charles Pattison. Executive Director
Date: 011701Zo1.0 Date: `� t e/ittO