Item C10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 15. 2006
Division: Housing & Community Development
Bulk Item: Yes -X No
Department: Housing: & Communi tv Development
Staff Contact Person: James R. "Reggie" Paros
AGENDA ITEM WORDING:
Approval of a Resolution authorizing the conveyance of Lot 22, Block D, Puerta del Sol in Marathon,
to The Habitat for Humanity of the Middle Keys Community Land Trust, Inc., with affordability
covenants
ITEM BACKGROUND: The Land Authority purchased Lot 22, Block D, Puerta del Sol in
Marathon, as an affordable housing site, and conveyed title to the Monroe County Board of County
Commissioners at their meeting on October 19, 2005.
This parcel was originally presented to the Land Authority as an affordable housing site by Habitat for
Humanity of the Middle Keys. The Habitat for Humanity of the Middle Keys was in the process of
fonning its own land trust, which is now completed.
Discussion with The Habitat for Humanity of the Middle Keys Community Land Trust indicate
acceptance of the affordability covenants.
PREVIOUS RELEVANT DOCC ACTION: On October 19,2005, the Board approved Resolution
#385-2005, authorizing the acceptance of certain Key Largo, Marathon, Cudjoe Key, and Big Coppitt
Key Properties from the Monroe County Comprehensive Plan Land Authority for Affordable Housing.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/ A
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
N/A AMOUNTPERMONTH_ Year
APPROVED BY: County Attorney YES
DIVISION DIRECTOR APPROVAL:
chasing N/ A Risk Management N/ A
DOCUMENTATION:
Included ---1L
Not Required _
DISPOSITION:
AGENDA ITEM #
Habitat for Humanity of the Middle Keys
P.O. Box 500067
Marathon, FL 33050
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January 11, 2006
Mr. Reggie Paros
Director-Monroe County
Division of Housing and Commercial Development
Marathon, Florida
Dear Mr. Paros;
Habitat for Humanity of the Middle Keys has been partnering with the Momoe County Land
Authority for quite a few years. Currently, the Land Authority has acquired a property on 66th
Street in Marathon which we would request be conveyed to the Land Trust we formed late last
year. Our intention in forming the Trust is to preserve the property for affordable housing.
As soon as the property is conveyed, we will begin the permitting/application process for a new
single family residence. Since the City has set aside an affordable housing allocation for us, and
we have the finances and septic credit, we're confident we can have the house completed and
occupied by year-end. This will be our 6th Habitat house in Marathon. We also understand that
we have to comply with the Monroe County Land Authority statutes.
For your perusal, r m attaching copies of the fonowing:
--City of Marathon site condition letter with legal description
-~Habitat For Humanity of the Middle Keys Land Trust Bylaws
--State of Florida Articles ofIncorporation for the Trust
Should you have any questions, please feel free to contact me at 743-2424.
Thank you for your consideration and support.
Very}.ry1.y yours,
./J~
Brucet Ferraro
President
cc: Mark Rosch, Monroe County Land Authority
EXIllBIT A
RESOLUTION NO. _-2006
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE CONVEYANCE OF LOT 22, BLOCK
D, PUERTA DEL SOL SUBDIVISION IN MARATHON TO
THE HABITAT FOR HUMANITY OF THE MIDDLE KEYS
COMMUNITY LAND TRUST, INC. FOR THE PURPOSE OF
PROVIDING AFFORDABLE HOUSING
WHEREAS, the Board of County Commissioners of Monroe County, Florida ("Board")
obtained a parcel of land from the Monroe County Comprehensive Plan Land Authority on
October 19,2005, for the purpose of building affordable housing; and
WHEREAS, this parcel is legally described as Lot 22, Block D, Puerta del Sol Subdivision,
according to the plat thereof as recorded in Plat Book 3, Page 117 of the Public Records of
Monroe County, Florida ("Property"); and
WHEREAS, The Habitat for Humanity of the Middle Keys Community Land Trust, Inc.
("Trust") is a Florida non-profit corporation which has applied to the Board for the transfer of
the Property to the Trust; and
WHEREAS, the purpose of the Trust is to acquire real property, enable construction of housing
for very low, low and moderate income persons for lease or purchase subject to a ground lease
with the Trust, in order to preserve said real property as residential affordable housing in
perpetuity; and
WHEREAS, the Board finds that there is an acute need in Monroe County for affordable
housing and the Trust is able to develop the Property at this time for that purpose; and
WHEREAS, the Trust has not developed a resale formula pursuant to Article XI of its bylaws;
and
WHEREAS, the Property is not needed for any other county purpose, and development by the
Trust serves the public and community interest and welfare; and
WHEREAS, such a conveyance is authorized pursuant to Florida Statute Sec.125. 3 8;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
Section 1. That the Property shall be conveyed by Monroe County by execution of a deed signed
by its Mayor or Mayor Pro Tern to the Trust for the price ofTen Dollars ($10.00).
Section 2. That the Trust shall pay any costs associated with this transaction.
Section 3. That the following restrictions shall apply and shall be referenced on the deed by
Resolution Number which resolution shall be attached thereto:
Page 1 of2
EXHIBIT A
A. That any transfer of an owner's interest in improvements shall be contingent upon the
Trust maintaining the right of first refusal on transfers and sales of improvements to the
Property or providing the Seller with a qualified Buyer.
B. That the Property shall revert to Monroe County if the Trust is dissolved or the Trust sells
the property other than as affordable housing.
C. That the resale formula for this property shall be the resale formula used by Monroe
County for affordable housing.
D. That improvements located on the property shall be owner occupied and used as the
homeowner's primary residence.
E. That the property may not be encumbered for any purpose except for encumbrances for
projects resulting in capital improvements to the property and encumbrances imposing
additional affordability covenants.
F. Future use of the property is limited to use for single family housing by very low, low or
moderate income persons as defined in Sec. 420.0004, Florida Statutes or as amended.
G. Grantee Trust is responsible for insuring compliance with the affordability covenants
contained herein and expressly agrees to furnish, upon Grantor Board's request, written
certification of compliance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the _ day of ,2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Murray Nelson
Commissioner George Neugent
Conunissioner David Rice
Conunissioner Dixie Spehar
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORJDA
By:
Deputy Clerk
By:
MAYOR
(SEAL)
Covenants acknowledged and accepted by The Habitat for Humanity for the Middle Keys
Community Land Trust, Inc.
Date:
Bruce Ferraro, President
Page 2 of2
THIS INSTRUMENT PREPARED BY AND RETURN TO:
Susan M. Grimsley, Assistant County Attorney
P.O. Box 1026
Key West, Florida 33041-]026
Property Appraisers Parcel Identification (Folio) Number: 00341680-000000
SPACE ABOVE TH]S LINE FOR RECORDING DATA
THIS DEED, made the day of , 2006, by Monroe County, a political
subdivision of the State of Florida, whose address is 500 Whitehead Street, Key West, Florida
33040, herein called the Grantor, to The Habitat for Humanity of the Middle Keys Community
Land Trust, Inc., whose address is Post Office Box 500067, Marathon, Florida 33050, hereinafter
called the Grantee:
(Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the successors and assigns of corporations)
WIT N E SSE T H: That the Grantor, for and in consideration of the sum of TEN AND 00/1 OO'S
($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby
grants, bargains, sells, aliens, remises, releases, and conveys unto the Grantee the following described
land lying and being in Monroe County, State of Florida:
Lot 22, Block D, PUERTA DEL SOL SUBDIVISION, according to the plat thereof as
recorded in Plat Book 3, Page 117, of the Public Records of Monroe County, Florida.
Subject to affordability covenants referenced in the deed from the Monroe County
Comprehensive Plan Land Authority to Monroe County recorded at OR Book 2166, Page
1984. Subject to easements, restrictions and reservations of record and taxes for the year
2006 and thereafter.
SUBJECT TO: Affordability Covenants and Restrictions in favor of Grantor herein, as
adopted by Resolution Number -2006 of the Monroe County Board of County
Commissioners attached hereto as Exhibit A.
THE PROPERTY CONVEYED HEREIN IS NEITHER THE DOMICILE NOR THE
HOMESTEAD OF THE GRANTOR HEREIN NOR HIS/HER SPOUSE NOR ANY OF
HISIHER IMMEDIATE HOUSEHOLD AS DEFINED BY THE LAWS OF THE STATE
OF FLORIDA.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name by its
Board of County Commissioners acting by the Mayor/Chairman or Mayor Pro TemfVice Chair of said
board, the day and year aforesaid.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
ATTEST: DANNY L. KOLHAGE, CLERK
By
Mayor/Chairman
By
Deputy Clerk