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Item H4 H.4 County f � .�� BOARD OF COUNTY COMMISSIONERS Mayor David Rice,District 4 Mayor Pro Tem Craig Cates,District 1 The Florida Keys ' Y � ��F' Michelle Coldiron,District 2 Vacant,District 3 --' Holly Merrill Raschein,District 5 County Commission Meeting February 16, 2022 Agenda Item Number: H.4 Agenda Item Summary #10184 BULK ITEM: Yes DEPARTMENT: County Land Acquisition and Land Management TIME APPROXIMATE: STAFF CONTACT: Cynthia Guerra (305) 289-2588 9:25 A.M. AGENDA ITEM WORDING: Approval of a Resolution granting approval of a purchase agreement of property funded by the Community Development Block Grant-Disaster Recovery (CDBG-DR) Voluntary Home Buyout Program (VHBO) in the amount of$550,000.00, execution of a restrictive covenant running with the land, and moving one (1) Market Rate - Rate of Growth Ordinance (ROGO) Exemption from the acquired property to the Administrative Relief pool for market rate allocation(s). ITEM BACKGROUND: NOTE: Consistent with State Statute 119.071(5)(f)(1.)(b), staff has omitted/redacted the homeowner's names, address and other identifying information as adopted during the 2020 legislative session. This statute provides an exemption from public records requirements for personal identifying information for the purpose of disaster recovery assistance. Properties proposed for acquisition by the Voluntary Home Buyout Program were affected by Hurricane Irma in 2017. The Department of Economic Opportunity (DEO) awarded Monroe County $15 million in CDBG- DR funding, via Subrecipient Agreement I0092, to acquire Irma-damaged properties in low to moderate income areas or from households with low to moderate income. The State established Rebuild Florida Voluntary Home Buyout Program Guidelines (attached) and the County adopted priority scoring in Resolution 56-2021 (attached) to assist with program implementation. With the assistance of Tetra Tech, the consultant retained to assist in program administration, the County is acquiring property that was damaged by Hurricane Irma. The acquisition is being made to reduce the impact of future disasters by acquiring properties that are in high-risk flood. The Subrecipient Agreement requires the County to restrict VHBP acquired properties to uses stated in the County's grant application. The application included Resolution 224-2019 which stated the county's intention was to deed-restrict the properties in perpetuity to open space uses, storm water improvements or to restore and conserve the natural floodplain functions. The property owner has agreed to sell the property for the price of$550,000.00. The purchase price is based on an appraisal completed pursuant to the program's requirements. The property owner has also agreed to surrender Packet Pg. 1680 H.4 all development rights or ROGOs vested in the property. DEO has reviewed and approved the acquisition per the terms of the Subrecipient(grant) Agreement. The redacted Purchase Agreement and Restrictive Covenant are attached. The residence was constructed in 1963 per the Property Appraiser information, therefore Monroe County has identified 1 ROGO exemption on the property. Upon adoption of this resolution, the Planning and Environmental Resources Department shall move one (1) Market Rate ROGO Exemption into the ROGO Administrative Relief pool for market rate allocations. The seller is being evaluated to determine if they are eligible for an additional financial incentive award provided under the CDBG-DR program for assistance in securing replacement housing in the County. The assistance is to help retain an area's population as well as to assist property owners to relocate to lower risk flood prone areas. If the seller is ultimately eligible for the incentive award, that award will be brought back for BOCC approval prior to disbursement. PREVIOUS RELEVANT BOCC ACTION: On July 22, 2019, the BOCC approved the CDBG-DR VHBP grant application to DEO (Agenda Item B.1). On May 20, 2020, the BOCC approved Resolution 150-2020 allowing the county to execute the CDBG-DR VHBP Subrecipient Agreement with DEO (Agenda Item D.2). On February 17, 2021, the BOCC approved Resolution 56-2021 updating the local program prioritization criteria for the Voluntary Home Buyout Program (Agenda Item D.5). CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: APPROVAL. DOCUMENTATION: DEO Voluntary Home Buyout Program Guidelines Resolution 056-2021 Final approved -Updating County Criteria 00029 resolution for VHBP purchase covenant and Adm R Pool redacted 00029—Purchas eA greem ent_OwnerS i gned_Redacted 00029 estrictive VHBP Covenant Redacted FINANCIAL IMPACT: Effective Date: Effective upon execution by Monroe County and closing of real estate transaction Expiration Date: NA Total Dollar Value of Purchase Agreement: $550,000 Total Cost to County: $0 Current Year Portion: NA Packet Pg. 1681 H.4 Budgeted: No Source of Funds: CDBG-DR Voluntary Home Buyout Program CPI: NA Indirect Costs: NA Estimated Ongoing Costs Not Included in above dollar amounts: NA Revenue Producing: NA If yes, amount: Grant: $ 15 Million CDBG-DR Voluntary Home Buyout Program Grant County Match: $ 0 Insurance Required: NA Additional Details: NA REVIEWED BY: Christine Hurley Completed 01/24/2022 3:19 PM Paunece Scull Completed 01/31/2022 7:37 AM Purchasing Completed 01/31/2022 8:29 AM Budget and Finance Completed 02/01/2022 8:52 AM Risk Management Completed 02/01/2022 11:17 AM Liz Yongue Completed 02/01/2022 2:01 PM Board of County Commissioners Pending 02/16/2022 9:00 AM Packet Pg. 1682 H.4.a . . Ecaun�Hous1N FLORIDA DEPARTMENT t � a PPorar uralTv ECONOMIC OPPORTUNITY ¢I p W aq® ®V MEL PROGRAM ®W i.J ®W a� p� W GUIDELINES ai This document provides guidelines for the Floflid requirements for the Hurricane Irma Voluntary CL _m+ Home Buyout administered by the State of Florida CL ca Department of Economic Opportunity (DEO). This Rebuild program is funded by the U.S. Department of > Housing and Urban Development (HUD) Community -ru o Development Block Grant—Disaster Recovery (CDBG-DR) allocation as described in Public Laws 115-56, 115-123, 116-20. VERSION voluntal--y 1111ome B UYOUt August 23, 2021 � 0 CL 0 0 Packet Pg. 1683 H.4.a Hurricane Irma Voluntary Home Buyout Guidelines VERSION HISTORY 1.0 2/28/20219 Original Document 1.2 6/17/2021 Updated Anti Fraud Waste and Abuse section. Changed formatting to mirror other OLTR guidelines. Added Version History table 1.3 8/23/2021 Added Version Policy Added Policy Change Control Moved Definitions to precede Introduction ai CL CL 0 0 0 CL 0 0 ii P a g ;ter Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes Packet Pg. 1684 H.4.a Hurricane Irma Voluntary Home Buyout Guidelines VERSION POLICY Version history is tracked in the Version History Table (page i), with notes regarding version changes. Dates of each publication are also tracked in this table. Substantive changes in this document that reflect a policy change will result in the issuance of a new version of the document. For example, a substantive policy change after the issuance of Version 1.0 would result in the issuance of Version 2.0, an increase in the primary version number. Non-substantive changes such as minor wording and editing or clarification of existing policy that do not affect interpretation or applicability of the policy will be included in minor version updates denoted by a sequential number increase behind the primary version number(i.e.,Version 2.1, Version 2.2, etc.). 0 CJ POLICY CHANGE CONTROL Policy review and changes for the State of Florida Office of Long-Term Resiliency are considered through a change- control process. Policy clarifications, additions,or deletions are needed during the course of the program to more ai precisely define the rules by which the Program will operate. Program staff will document policy-change requests that will be tracked in the program files. Requests are compiled and brought before supervisory staff in a policy meeting. Subject matter experts working in a articular policy area or task area that will be affected b the policy 1 p g • p p Y Y p Y decision may be invited to assist in policy evaluation, if necessary. Policy meetings will be held as frequently as is CL necessary to consider policy decisions critical to moving the Program forward in a timely manner. Policy decisions will be documented and will result in the revision of the document in question. 0 0 CL 0 0 iii P a g ;ter Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes Packet Pg. 1685 H.4.a Hurricane Irma Voluntary Home Buyout Guidelines TABLE OF CONTENTS 1.0 Definitions ............................................................................................................................................................1 2.0 Introduction..........................................................................................................................................................2 2.1 Anti-Fraud Waste and Abuse ..........................................................................................................................2 `> 0 2.2 Application and Administration of the Buyout...............................................................................................3 2.3 National Objectives.........................................................................................................................................3 2.4 How to meet the National Objective..............................................................................................................3 2.5 Locations .........................................................................................................................................................3 > 0 CJ 2.6 Prioritizing Projects .........................................................................................................................................4 3.0 Property Valuation ...............................................................................................................................................5 .2 3.1 Appraisals........................................................................................................................................................5 3.2 Title and Legal Services ...................................................................................................................................5 y 3.3 Environmental Reviews...................................................................................................................................6 4.0 Eligible Property Types and Requirements...........................................................................................................7 CL CL ca 5.0 Project Eligibility...................................................................................................................................................8 5.1 Eligible (Allowable) Cost..................................................................................................................................8 5.2 Ineligible (Not Allowable) Cost........................................................................................................................9 > 0 6.0 Award Determination........................................................................................................................................ 10 7.0 Award Calculation Methodology....................................................................................................................... 11 y 8.0 Duplication of Benefits Process......................................................................................................................... 12 m 9.0 Housing Replacement Assistance Determination ............................................................................................. 13 10.0 Open Space Restrictions.................................................................................................................................. 14 0 CL 0 0 iv P a g ;ter Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes Packet Pg. 1686 H.4.a Hurricane Irma Voluntary Home Buyout Guidelines 1.0 Definitions 100-year flood plain:The geographical area defined by FEMA as having a one percent chance of being inundated by a flooding event in any given year. 500-year flood plain:The geographical area defined by FEMA as having a 0.2 percent chance of being inundated by a flooding event in any given year. CDBG-DR: Community Development Block Grant-Disaster Recovery. Designated Area: The land determined by the subrecipient that is eligible for the Voluntary Home Buyout Program. Duplication of Benefits (DOB): Any assistance provided to a homeowner for the same purpose (i.e., for repair, replacement or reconstruction) as any previous financial or in- kind assistance provided to a property owner for the repair, replacement, or reconstruction of his or her home. Rebuild Florida is prohibited from creating a DOB. This prohibition comes from the Robert T. Stafford Disaster Assistance and Emergency Relief Act (Stafford Act) and therefore,these other sources of funds must be deducted from any potential award. Eligible Property: A property that is located within designated areas or is located outside of the designated area y and is substantially damaged and is a health and safety risk. Eligible receipts: Proof of payment for items that are strictly for rebuilding the disaster-affected structure. CL Receipts must consist of permanent fixtures only, such as wood panels, drywall, paint, carpet, etc. CL ca Ineligible receipts: Receipts for repairs that are completed on detached buildings such as garages or sheds, and personal items such as food and clothing, gasoline, tools, and equipment. Low-to Moderate-Income(LMI):An income less than 80% of the local area median income. 2 Low-to Moderate-Income Household (LMH): A household with an income that is less than 80%of the local area median income (AMI). .� Pre-event fair market value:The land and dwelling value for parcels, as determined by each subrecipient, prior to the disaster. Post-event fair market value:The land and dwelling value for parcels, as determined by each subrecipient, after the disaster. Special flood hazard area (SFHA): means the area where the National Flood Insurance Program's (NFIP's) o floodplain management regulations must be enforced and the area where the mandatory purchase of flood CL insurance applies. 0 Subrecipient: A city or a county that has applied for and has been awarded a CDBG-DR buyout project by the Florida Department of Economic Opportunity(DEO). 0 0 LU 1 l P a g es Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes Packet Pg. 1687 H.4.a Hurricane Irma Voluntary Home Buyout Guidelines 2.0 Introduction The Florida Department of Economic Opportunity (DEO) Office of Disaster Recovery(ODR) is the administrator of a Community Development Block Grant—Disaster Recovery (CDBG-DR) program funded by the U.S. Department of Housing and Urban development (HUD) under Public Laws 115-56 and 115-123. DEO is the agency responsible for the administration of disaster funds allocated to housing, economic development, and infrastructure activities. DEO is administering Rebuild Florida's Voluntary Home Buyout Program.The purpose of Rebuild Florida's CDBG-DR Voluntary Home Buyout Program is to acquire properties that are in a Special Flood Hazard Area(SFHA),and in high-risk flood areas to help reduce the impact of future disasters, and to assist property owners to relocate outside the threat of flooding. To administer this program, city and county governments that are within the Most Impacted and Distressed (MID) areas, as defined by HUD and DEO in the 2018 State of Florida Action Plan for Disaster Recovery, may apply. There are two options for cities and counties to apply for assistance under the Rebuild Florida Voluntary Home Buyout Program.The first option is to use the available CDBG-DR funding as leverage to match funding for projects that are also eligible for the Hazard Mitigation Grant Program(HMGP).The second option is to work with the cities and counties directly in low-to moderate-income areas to acquire contiguous parcels of properties,and to acquire property from low-to moderate-income households(LMH)with a focus on LMH that did not have flood insurance at the time of Hurricane Irma. Cities or counties participating in this program must purchase properties at the pre-event fair market value (FMV) CL CL of the land and the structure for all sellers that were owners of the property at the time of Hurricane Irma. For all ca sellers that own the property post Hurricane Irma, post-event FMV must be used to purchase the property and may not exceed the pre-event FMV and properties located in the designated area must be deed-restricted to remain green space in perpetuity. In addition to the pre-event FMV of the property,eligible owners with qualified income may also receive a housing replacement assistance incentive up to$25,000,and owners with non-qualified income may receive a housing replacement allowance up to $10,000. All awards are subject to the Robert T. Stafford Act, requiring that all funds used for disaster-related purposes be deducted as a duplication of benefit, which is discussed in greater detail below. 2.1 Anti-Fraud, Waste, and Abuse Rebuild Florida constituents, employees and contractors may report suspected fraud, waste, or abuse by CU contacting Constituent Management Services staff, submitting information via the Report Fraud,Waste or Abuse CD online form (http:fffloridaiobs.org/rebuild t; (all contact information fields are optional to allow for P CL anonymity) or by sending an e-mail to cdbg-dr antifraudwasteabuse@deo.myflorida.com. All suspected cases of fraud will be taken seriously, and complaints will be reported to OLTR's Compliance and Reporting Manager and DEO's Office of the Inspector General at OIG@deo.myflorida.com. If DEO's OIG determines that it is appropriate, it will coordinate its investigation with agencies such as the Florida Office of the m Inspector General, the Florida Office of the Attorney General, or the Florida Department of Business and o Professional Regulation. All substantiated cases of fraud, waste, or abuse of government funds will be forwarded to the United States Department of Housing and Urban Development (HUD), Office of Inspector General (OIG) Fraud Hotline (phone: 1-800-347-3735 or email: hotline@hudoiE.gov) and DEO's HUD Community Planning and Development (CPD) Representative. OLTR must provide a timely response within 15 working days of the receipt of a complaint, as stated in 84 FR 169. Office of Long-Term Resiliency's comprehensive Anti-Fraud Waste and Abuse Policy can be found here. 2 / P a g es Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes Packet Pg. 1688 H.4.a Hurricane Irma Voluntary Home Buyout Guidelines 2.2 Application and Administration of the Buyout A city or county must apply for the CDBG-DR Voluntary Home Buyout Program offered in their community.At the time of the application,the subrecipient identifies properties that would qualify for the program.A budget will be determined based on the pre-event FMV of all properties identified eligible for the program that were owned by the sellers at the time of the disaster; however, all properties identified as eligible for the program that were purchased post disaster will have budgets determined on the basis purchase price,which is not to exceed the pre- event FMV. If awarded, the city or county would enter into a contract with DEO to administer and oversee their jurisdiction in which the program applies. The property owners that apply for the voluntary home buyout program submit their applications directly to the subrecipient. Once the local level of government approves an individual property owner's application for buyout assistance,the subrecipient must submit the application to DEO for verification that the property is not receiving or has not received Rebuild Florida housing repair or replacement assistance.A property owner cannot be eligible for buyout assistance if the property owner has received CDBG-DR funding to repair the property. A subrecipient may subcontract with a third-party administrator to administer the program for them. 2.3 National Objectives 6 The Voluntary Home Buyout Program will meet the Low- Moderate-Income (LMI) Area Benefit, and the Low- to Moderate-Income Housing (LMH) National Objective. To meet the LMI Area Benefit, the properties acquired through buyouts will be used in a way that benefits all the residents in an area where at least 51 percent of the CL CL residents are low-and moderate-income persons.To meet the National Objective of LMH, the households to be ca assisted must be LMI and occupy the replacement housing. Occupying replacement housing means that CDBG-DR funds will be provided for an eligible activity that benefits the LMH by supporting their move from high risk areas. 2.4 How to meet the National Objective When undertaking buyout activities and to demonstrate that a buyout meets the LMH National Objective, and according to the State CDBG regulations at 24 CFR 570.483(b)(3), entitlement CDBG regulations at 24 CFR 570.208 you must apply the LMH National Objective to eligible activity carried out for the purpose of providing or improving permanent residential structures that, upon completion, will be occupied by low- and moderate- income households. Therefore, a buyout program that merely pays homeowners to leave their existing homes does not result in a low- and moderate- income household occupying a residential structure and, thus, cannot E meet the requirements of the LMH National Objective. o CL If the subrecipient chooses to buyout low-and moderate-income households,the buyout can be structured in one of the following ways to meet the National Objective: • The subrecipient must combine the acquisitions of the properties with another direct benefit, such as the ca housing replacement assistance and allowance program that Rebuild Florida has established as an m incentive for the Voluntary Home Buyout Program, or o • The subrecipient must meet the low- and moderate-income area benefit criteria, provided that the subrecipient can document that the properties acquired through the buyouts will be used in a way that benefits all the residents in an area where at least 51 percent of the residents are low- and moderate- income persons. When using this approach, the subrecipient must define the service area based on the end use of the buyout properties. 2.5 Locations Those counties that received a declaration of both FEMA Individual Disaster Assistance (IA) and Public Disaster Assistance (PA) after Hurricane Irma are eligible to apply to DEO to be a subrecipient of funding and administer a 3 / P a g es Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes Packet Pg. 1689 H.4.a Hurricane Irma Voluntary Home Buyout Guidelines local Voluntary Home Buyout Program. 2.6 Prioritizing Projects All local governments that apply will prioritize all home buyouts by focusing on acquisition of properties that are in concentrated residential areas that meet the low- and moderate-income area definition. DEO will rate all subrecipient applications by a process using a scoring method based on low- and moderate-income persons; households that are occupied by the disabled,and persons that are 62 years of age and older; benefit target areas; o activity need and justification; cost reasonableness and effectiveness; environmental justice; and application completion. Each subrecipient can score a maximum 55 points per household plus an additional 15 bonus points for an early submission and application completion.The scoring method will be as follows: > 0 1. Benefit to LMI households—maximum of 20 points combined: A. LMI household: 5 points. B. LMI household that occupies anyone 62 or older: 5 points. y C. LMI household that occupies anyone under age 18: 5 points. D. LMI household that includes anyone that is disabled, handicapped, or has special needs: 5 points. 2. Low- and moderate-income households that did not have flood insurance at the time of the disaster: 10 points. CL 3. Matching contributions—maximum of 25 points combined: CL A. Efforts leverage funding with HMGP: A maximum of 10 points will be awarded based on the applicant's efforts to secure funding with HMGP as part of the match program offered as option one of the Voluntary Home Buyout Program. B. Matching: A maximum of 15 points will be awarded based on the ratio of the amount of eligible p g� matching funds to the amount of CDBG funds request: 1.1 or more, 15 points; 0.75-1, 10 points; 0.50-1, 7 points; 0.25-1, 5 points; and less than 0.25, 0 points. y 4. Application submitted 10 days prior to the deadline: 10 points—application must be completed in its _ entirety.An incomplete application will not receive these 10 points. 5. Application Completeness: A maximum of 5 points—applications will receive up to 5 bonus points based on completeness.Applications that have not been signed will not be considered. 0 CL 0 0 4 / P a g es Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes Packet Pg. 1690 H.4.a Hurricane Irma Voluntary Home Buyout Guidelines 3.0 Property Valuation The value for each property identified for buyout will be established by the subrecipient based on the pre-event ie FMV, minus any DOB for applicants that owned the property at the time of the disaster. Owners that purchased the property after the date of the disaster will be limited to the price the owner paid for the property, which is not to exceed the pre-event FMV. If repairs have been made to the property, eligible repair receipts are added to the post-event price of the buyout. Local governments are responsible to hire contract teams that are licensed in the State of Florida to provide the following: • Appraisals; • Title and legal services; • Environmental reviews; o CJ • Demolition of the property; and > • Other related buyout processes. 3.1 Appraisals 6 The property value, either current or pre-event depending upon ownership status at the time of Hurricane Irma, must be derived from a method that results in a reasonable determination of FMV. The appraisal methodology shall be used in this program, and appraisals must be conducted by an appraiser in accordance with the Uniform CL Standards of Professional Appraisal Practice. The appraiser must comply with relevant State laws and CL requirements and shall have the appropriate certification, qualifications, and competencies based on the type of property being appraised. When determining the value of many structures, the subrecipient may choose to perform appraisals to establish a statistical sampling of property values and develop an adjustment factor to apply to tax assessed values so that they reasonably reflect each property's market value. DEO will monitor each subrecipient's appraisal practices. 3.2 Title and Legal Services The subrecipient shall conduct a title search for each property it plans to acquire.The purpose of the title search is to ensure that the owner is the sole and actual titleholder to the property, identify other persons with a property interest,and to ensure that the title is clear. Clear title means that there are no mortgages or liens outstanding at the time of sale. In addition, there may not be incompatible easements or other encumbrances to the property that would make it either ineligible for acquisition or noncompliant with open space land use P CL restrictions. 0 Other requirements include: • Atitle insurance policy, demonstrating a clear(fee)title conveyance, must be obtained for each approved property that will be acquired. o • A physical site inspection for each property verifying the property has no physical encumbrances, which may require a site survey to clearly establish property boundaries. • Title to the property must transfer by a warranty deed in all jurisdictions that recognize warranty deeds. • All incompatible easements or encumbrances must be extinguished. • The subrecipient shall take possession at settlement. • The subrecipient must record the deed at the same time as and along with the programmatic deed restrictions. 5 / P a g es Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes Packet Pg. 1691 H.4.a Hurricane Irma Voluntary Home Buyout Guidelines • The deed transferring title to the property and the programmatic deed restrictions will be recorded a, according to State law and within 14 days after settlement. 3.3 Environmental Reviews The subrecipient is responsible for conducting environmental reviews or causing such reviews to occur through CD contracted providers of environmental services.The subrecipient will be responsible for ensuring that all reviews > are completed on all properties, which includes damaged properties that are to be acquired by the local o government as well as properties to be obtained by the seller through the housing replacement assistance. This review is to be completed prior to an award for both acquired and allocated properties. The new property must meet the minimum Department of Social Services Standards (DSS), as determined by the Housing Quality Standards (HQS) under HUD guidelines,or an inspection equivalent.This is not to be completed until the property owner has completed the eligibility phase and has been confirmed to be eligible for assistance. ai CL CL 0 2 0 CL 0 0 6 / P a g es Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes Packet Pg. 1692 H.4.a Hurricane Irma Voluntary Home Buyout Guidelines 4.0 Eligible Property Types and Requirements The eligible property types are non-commercial properties, which may include owner-occupied structures, residential rental properties, or vacant lots. To be considered an eligible property for the buyout program, the p p g� p p Y Y p g , property must satisfy at least one of the following requirements: • The property is located within the designated areas (Special Flood Hazard Area (SFHA) or High-Risk Flood Area)or • The property is located outside of the designated areas and satisfies one of thefollowing requirements: o The property is substantially damaged (51% or more of the pre-event fair market value of the structure is damaged);or o The property is considered a health/safety risk;or o The property is located within a floodway. ai CL CL 0 0 0 CL 0 0 7/ P a g es Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes Packet Pg. 1693 H.4.a Hurricane Irma Voluntary Home Buyout Guidelines 5.0 Project Eligibility Properties eligible for buyout must meet the following requirements: • The property will be purchased from a willing,voluntary seller. • The property contains a structure that has been damaged or destroyed due to Hurricane Irma, or the property is in a SFHA, or a High- Risk Flood Area. o • All compatible easements or encumbrances can and must be extinguished. • The property cannot be contaminated with hazardous materials at the time of buyout, other than incidental demolition or household waste. • The property cannot be part of an intended, planned, or designated project area for which the land is to be acquired by a certain date, and/or where there is an intention to use the propertyfor any public or private future use inconsistent with the open space deed restrictions and FEMA acquisition requirements (e.g., roads and flood control levees). • The property will not be subdivided prior to the buyout, except for portions outside the identified hazard area, such as within a SFHA or any risk zone identified by FEMA. ai • Properties that have received rehabilitation or repairs through the Housing Repair and Replacement Program will not be eligible for assistance under the Voluntary Home Buyout Program. 5.1 Eligible (Allowable) Cosh CL Allowable costs for property buyout projects depend upon the scope of the project.The following costs associated with the buyout of hazard-prone real property and the demolition of structures are allowable: o • Market value of the real property (i.e., land and structure) either at the time of sale or immediately prior to Hurricane Irma depending upon the ownership status at the time of Hurricane Irma. Therefore, if the appraisal of the property is prior to the disaster then all Duplication of Benefits(DOB) must be subtracted �-- from this amount unless the owner can provide proof that funds were used for another eligible purpose and should be excluded as an offset to the amount of the DOB. • Fees for necessary appraisal costs, title search, title insurance, property inspection, and survey if applicable. • Demolition and removal of property. • Fees paid for environmental review services. P CL • Relocation costs associated with displaced tenants under the Uniform Relocation Act. 0 The following costs of demolition activities at the vacated site are generally allowable if necessary: ca • Removal of demolition debris to an approved landfill,which includes debris from the demolitionof houses, m garages, driveways, sidewalks, and above-grade concreteslabs. o • Asbestos abatement. • Removal of septic tanks. If not removed,the floors and walls of the tank must be cracked or crumbled so the tank will not hold water and then be filled with sand or other type of clean fill. • Removal of all structure foundation and basement walls to a point at least one foot belowthe finish grade of the site. • Removal of only those trees that restrict the demolition work on anystructure. • Termination of all abandoned utilities to a point at least two feet below the finish grade of thesite. • Capping of all wells and/or removal of associated components. 8 l P a g es Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes Packet Pg. 1694 H.4.a Hurricane Irma Voluntary Home Buyout Guidelines • Grading, leveling, and site stabilization of all demolition sites. 5.2 Ineligible (Not Allowable) Cost Costs that are not allowable under this Voluntary Home Buyout Program include, but are not limited to: • Compensation for land that is already held by an eligible entity.This is the case even if the eligible entity is not the subrecipient for the project. However, in that event compensation for development rights(e.g., obtaining an open space easement) may be an allowable cost. • The cleanup or remediation of contaminated properties, except for permitted disposal of incidental demolition and household hazardous wastes. 0 ai CL CL 0 2 0 CL 0 0 LU 9 / P a g es Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes Packet Pg. 1695 H.4.a Hurricane Irma Voluntary Home Buyout Guidelines 6.0 Award Determination Cities and counties will use the applicable FMV methodology to determine the fair market value of a property for sellers based on the ownership status at the time of Hurricane Irma, and must provide documentation within the application to DEO to support that methodology: • Owners of eligible properties at the time of Hurricane Irma receive an offer to purchase the property minus any duplication of benefits (DOB). • Owners that purchased eligible property after Hurricane Irma will receive an offer to purchase the property based on pre-event FMV as the basis of their buyout, subject to the following limitations and DOB review: o The amount of the award is limited to the price the owner paid for the property, not to exceed the pre-event fair market value. If repairs have been made to the property, eligible repair receipts are to be added to the post-disaster price of the acquisition. o Banks or mortgage companies that have been deeded the property on a post Hurricane Irma basis will be limited to the amount of the mortgage balance (pay-off). This is all that the bank(s) or mortgage company(ies) would receive if the owner of the property had participated in the y program. o Properties that are in foreclosure and with the same owner as that prior to Hurricane Irma will receive any remaining proceeds (i.e., after sales expenses, taxes, liens) after the sale of the CL CL property, with the award being based on pre-event FMV. o Trusts, probates, and living wills will receive an offer based on the pre-event fair market value as if the pre-event owner is participating and subject to a DOB review. This is the same offer the o owner would have received if they had participated in the program. 2 o If the property is in the court of bankruptcy, the bankruptcy trustee will provide the valuation documentation that was used to value the property at the time of the bankruptcy. The award amount is not to exceed the pre-event fair market value; however, if the property is being held in the trust with the owner remaining the current deed holder and has not been acquired by the trustee, documentation must be provided to demonstrate that the property is still deeded to the _ owner and only held in the trust. If this proof is provided, the owner will receive an award based on the pre-event fair market value of the property. 0 CL 0 0 10 l P a g es Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes Packet Pg. 1696 H.4.a Hurricane Irma Voluntary Home Buyout Guidelines 7.0 Award Calculation Methodology Rebuild Florida has developed multiple disaster recovery housing programs based on the nature and scope of damage in order to meet the objectives of recovery efforts.This Award Calculation Methodology demonstrates a method of calculating an individual's award in the context of the Voluntary Home Buyout Program by using the pre-event FMV, and in combination with other housing programs, such as HMGP and the Housing Replacement Assistance and Housing Replacement Allowance programs. All awards are subject to DOBs. The following provides four examples of calculating duplication of benefits for the subrecipient to offer in combination with other housing programs: • Hazard Mitigation Grant Program (HMGP): Subrecipients may use CDBG-DR funds as the required matching funds for residential properties that will be purchased through the local jurisdiction's HMGP program.This is a voluntary real property acquisition program funded by FEMA to acquire flood damaged homes at FMV. HUD has provided a CDBG-DR matching component funded with 75% FEMA funds (with up to 25%CDBG-DR match funds) or 90% FEMA funds (with up to 10% CDBG- DR match funds). • CDBG-DR Buyout Program: Subrecipients may fund 100% of the buyout with CDBG-DR funds. This is a voluntary real property acquisition program with awards that are limited to the pre-event FVM of the land y and structure. • Housing Replacement Assistance: Subrecipients may offer incentives to low- to moderate-income qualified applicants as part of the buyout program design.This is a program to retain an area's population, CL CL awarding up to$25,000 in addition to the pre-event FMV of the buyout home for income-qualified buyout applicants. 4- • Housing Replacement Allowance:Subrecipients may offer a lower value incentive to qualified participants o who do not meet low-to moderate-income requirements.This is a program for those who are not income- qualified for the Housing Replacement Assistance. Participants can be eligible for up to$10,000 in Housing 0. Replacement Assistance if their damaged home meets certain requirements. W Both housing replacement awards are subject to the Robert T. Stafford Act, requiring that these funds be considered duplication of benefits.This funding may only be used to purchase a new home within the same taxing jurisdiction. Additionally, applicants may only qualify for this additional assistance if they relocate outside of the floodplain to a lower-risk area. Subrecipients must maintain documentation describing how the amount of assistance was determined to be necessary and reasonable. E 0 CL 0 0 11 l P a g es Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes Packet Pg. 1697 H.4.a Hurricane Irma Voluntary Home Buyout Guidelines 8.0 Duplication of Benefits Process Costs that duplicate amounts received by or available to the property owner or affected tenant from another source for the same purpose are not allowable.The deduction will be taken from the purchase offer if the offer is determined by an appraised market value prior to Hurricane Irma. The program will recoup duplicative amounts identified after grant funds have been expended. Property owners who receive duplicative payments following the conclusion of the property settlement are responsible for reimbursing the subrecipient for those duplicated funds. State grant program funding is supplemental to other funding sources and must be reduced by amounts reasonably available (even if not sought or received) from other sources to address the same purpose or loss. DEO, subrecipients, and project participants, including property owners and tenants, must take reasonable steps to recover all such amounts. Amounts that are reasonably available to the individual or entity shall be treated as c, benefits available for the same purpose, even if he/she/it did not seek them. All subrecipients must create and implement a subrogation policy to address recoupment of duplicative funds received by a program participant after the settlement of grant funds. All subrecipients must enter into a subrogation agreement with each program participant. Tax adjustments resulting from filings related to losses to the rental property are not considered a DOB and do not affect the award. CL For property valuations based on post-disaster FMV, no DOB will be taken from the offer.A program that provides CL ca post-disaster FMV to buyout applicants only provides the actual value of the property; thus, the seller is not considered a beneficiary of CDBG-DR assistance; therefore, this activity does not fall under the Stafford Act. 0 For property valuations based on pre-disaster FMV,the following procedures assist in preventing grant funds from duplicating benefits available from other sources: • Property owners who have a U.S. Small Business Administration loan with a mortgage on the property W that is to be acquired are required to repay the loan or roll it over to a new loan at closing. • The subrecipient shall identify any other potential sources of benefits to the property owner, or tenant. • The subrecipient is responsible to verify information via FEMA Data for structural repairs and replacement, and rental or relocation assistance provided to tenants along with verifying all National Flood Insurance Program (NFIP) coverage information, including the amount paid on a claim and the E amount of coverage available. CD C 0 • The subrecipient shall coordinate with property owners who shall disclose all potential amounts available CL to them for the same purpose, as described above, including repair or replacement assistance received, all insurance benefits available to them under an existing policy(whether they submitted a claim or not), and any potential recovery based on litigation or other legal obligations. The property owner must take reasonable steps to recover such amounts. Amounts that are reasonably available or anticipated to the property owner shall be treated as benefits available for the same purpose, even if the property owner o did not seek them. • The subrecipient shall coordinate with tenants who shall disclose any amounts received from rental or relocation assistance. 12 l P a g es Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes Packet Pg. 1698 H.4.a Hurricane Irma Voluntary Home Buyout Guidelines 9.0 mousing Replacement Assistance Determination Because this is a voluntary home buyout program, owners are not eligible for assistance under the Uniform Relocation Assistance (URA) and Real Property Acquisition Policies Act. However, tenants who are displaced as a result of the owner's sale of the property to the subrecipient are entitled to assistance under the URA. All property owners participating in the buyout are eligible for up to the maximum housing replacement assistance allowed by the Robert T. Stafford Act.All income qualified buyout participants are eligible for up to$25,000 in the housing replacement assistance plus pre-event market value of their buyout home. Those that are not income qualified will be eligible for up to $10,000 in housing replacement allowance only if the damaged property is located within the designated area. The following requirements must be met to qualify for housing replacement assistance: • The buyout home must be in the designated area or house a low-to moderate-income family. • The homeowner must purchase a replacement home that is more expensive than the buyout home. • The replacement home must be located within the jurisdiction of the subrecipient. • The replacement home must be considered decent, safe, and sanitary. y If income qualified, the housing replacement assistance would be a maximum of $25,000. However, the replacement home purchased must be valued at$25,000 greater than the buyout home to receive the full award. CL If the value of the replacement home is less than $25,000 but is more than the pre-event fair market value of the CL buyout home, the applicant's housing replacement assistance will be capped at the difference. If the applicant is not income-qualified, the maximum amount of replacement housing the applicant can receive is $10,000. Pre- event owners of vacant lots and rental properties are not eligible to receive housing replacement assistance, as o they did not occupy the structure at the time of the disaster. In addition, post-event owners are not eligible to receive a replacement housing award, as they were not required to relocate due to the disaster. If a rental home is purchased through the Voluntary Home Buyout Program and houses tenants that will be required to relocate, they are considered displaced persons that are eligible for relocation benefits under the Uniform Relocation Act (URA). The subrecipient must develop and implement URA policies and procedures and ensure that all required notices, services and payments afforded to tenants qualified under URA are provided in _ a timely manner. 0 CL 0 0 LU 13 l P a g es Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes Packet Pg. 1699 H.4.a Hurricane Irma Voluntary Home Buyout Guidelines 10.0 Open Space Restrictions To be eligible, a project must result in property buyout that meets all the requirements governing the use of grant funds and the use of acquired real property, including: • The property acquired, accepted, or from which structures are removed will carry a permanent deed restriction requiring the property be maintained for open space, recreational, or wetlands management purposes only. • The subrecipient will dedicate and maintain the property in perpetuity for uses compatible with open space, recreational, or wetlands management practices, and be consistent with conservation of natural floodplain functions. • The subrecipient must record the deed restrictions consistent with the modeldeed. o Construction of new structures is only allowed where: • A public building is open on all sides and functionally related to a designated open space or recreational use. • The structure is a public restroom. y • The structure is compatible with open-space, recreational,or wetlands management usage and floodplain management policies and practices and has DEO and FEMA approval in writing before the construction of the structure begins. CL CL ca • Any new structures built on the property according to the third subparagraph above will be elevated or flood-proofed to the Base Flood Elevation (BFE) plus two foot of freeboard as defined in the Federal Register 24 CFR 55.2(b)(10) and meet applicable requirements of the National Flood Insurance Program o M (NFIP) floodplain management regulations or local codes. 0 • After settlement, no federal disaster assistance for any purpose from any federal source, nor flood insurance payments will be made with respect to the property, and no person or entity shall seek such .� amounts. y • The subrecipient must obtain the approval of DEO and the FEMA Regional Administrator before conveying Z ownership (fee title) of the property to another public agency or qualified conservation organization. Property transfer to private citizens and corporations will not be approved. • All development rights in the form of a conservation easement on the property must be conveyed to the conservation organization or retained by the subrecipient or other public entity. o CL • The subrecipient must accept responsibility for monitoring and enforcing the deed restriction and/or easement. 0 0 LU 14 l P a g es Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes Packet Pg. 1700 H.4.b RESOLUTION NO. 056 -2021 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIOINERS OF MONROE COUNTY, FLORIDA, PROVIDING FOR THE MONROE COUNTY VOLUNTARY HOME BUYOUT LOCAL PROGRAM PRIORITIZATION CRITERIA FOR SELECTION OF PROPERTIES INTERESTED c, IN THE VOLUNTARY HOME BUYOUT PROGRAM UTILIZING COMMUNITY DEVELOPMENT BLOCK GRANT - DISASTER RECOVERY FUNDING AND UPDATING AND REPLACING RESOLUTION 224-2019. ai WHEREAS, Hurricane Irma impacted the Florida Keys in September 10, 2017 destroying or CL majorly damaging over 4000 residential structures in Monroe County severely augmenting the CL workforce housing crises; and WHEREAS, The Department of Economic Opportunity (DEO) developed a Community o Development Block Grant - Disaster Recovery (CDBG-DR) Action Plan that detailed how the State will administer the funds statewide. The Action Plan allocated$15 Million for the Voluntary Home Buyout Program (VHBP) for the unincorporated portions of Monroe County; and WHEREAS, the purpose of Rebuild Florida's CDBG-DR Voluntary Home Buyout Program is to acquire properties that are in high-risk flood areas to help reduce the impact of future disasters, and to assist property owners to relocate to less risk prone areas. These funds will support property acquisition, structure demolition and conversion of the land to open space or storm water improvements that alleviate flooding. The property must be deed-restricted in perpetuity to open space uses or to restore and/or conserve the natural floodplain functions; and WHEREAS the program specifies prioritization criteria which must be implemented within each jurisdiction in compliance with CDBG-DR regulations; and WHEREAS, the County may develop additional local prioritization criteria in order to fairly and equitably prioritize homeowners for the voluntary home buyout program while focusing on the program's purpose to reduce community risk; and LO WHEREAS,the County adopted Resolution 224-2019 on August 21,2019 providing the local 0 prioritization criteria for selection of properties interested in the VHBP; and 0 WHEREAS, this resolution seeks to update and replace Resolution 224-2019 to provide additional prioritization criteria to allow for 5 points (pts) for primary residences of the property e Page i of 3 Packet Pg. 1701 H.4.b owner/applicant and to provide clarification under Section 1. eligibility criteria to provide that o tenant occupied homes will not be eligible; NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AS FOLLOWS: > 0 Section 1. To be eligible for consideration by Monroe County for volunteer home buyout, the applicant must be: 1. The owner of the property. (A tenant in a rental property is not eligible.) 2. The owner must not have tenants in the property at the time of application submission and throughout the VHBP application process to remain eligible. (Properties that are y tenant occupied are not eligible). 3. The owner must be willing to relinquish all development rights to the property, including but not limited to allocations granted under the County's Rate of Growth CL Ordinance(ROGO). Section 2. The proposed Monroe County point allocation criteria is as follows: 1. 5 pts for homes that were substantially damaged as a result of Hurricane Irma; 2. 5 pts for homes that are located in the V Zone as designated by the Federal Emergency Management Agency; 3. 5 pts for repetitive loss structures as designated by the National Flood Insurance Program; 4. 10 pts for severe repetitive loss structures as designated by the National Flood Insurance Program; 5. 5 pts for high probability of sea level rise inundation on the property or roads adjacent to the property as that inundation data correlates to the map series as accepted by the Monroe County Board of County Commissioners and incorporated into the County's GreenKeys Plan Technical Appendix C.The County may consider other such data that is appropriate and useful to determine inundation; and 5. 5 pts for when the home was the property ownerlapplicant(s)' primary residence at the time of Hurricane Irma. Primary residency will be based upon homestead status with the Monroe County Property Appraiser. 2 Section 3.This resolution will be effective on February 17, 2021 and updates and replaces Resolution 224-2019. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, CD Florida, at a regular meeting of said Board held on the 17th day of February 2021. LO Mayor Michelle Coldiron, District 2 Yes Mayor Pro Tern David Rice, District 4 Yes Commissioner Craig Cates, District 1 YCs a Commissioner Eddie Martinez, District 3 Yes Commissioner Mike Forster, District 5 Yes c Page 2 of 3 Packet Pg. 1702 H.4.b 0 C �•,�o• A EVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE C Al@*q&4 .�T 0 By: By: As Deputy Clerk Mayor ai MONROE COUNTY ATTORNEY CL r r.',.{�PPR .bAS70PO CNRISTINE LIM BERT-HARROW S CL ASSISTANT LIN��T��YryryATTORNEY UATF _. ort.�_.._._ ca sm 0 u C= �i W r N CD LO CD U Page 3 of 3 Packet Pg. 1703 H.4.c RESOLUTION NO. -2022 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, GRANTING APPROVAL OF A PURCHASE AGREEMENT OF PROPERTY FUNDED BY THE COMMUNITY DEVELOPMENT BLOCK GRANT—DISASTER RECOVERY VOLUNTARY HOME BUYOUT PROGRAM, APPROVING EXECUTION OF A RESTRICTIVE COVENANT RUNNING WITH THE LAND, AND APPROVING THE MOVEMENT OF A MARKET RATE ROGO EXEMPTION FROM THE PROPERTY TO THE 2 ADMINISTRATIVE RELIEF POOL FOR MARKET RATE CL ALLOCATIONS. CL 0 WHEREAS, Hurricane Irma impacted the Florida Keys on September 10, 2017 destroying or 2 majorly damaging over 4,000 residential structures in Monroe County; and WHEREAS, The Department of Economic Opportunity (DEO) developed a Community Development Block Grant - Disaster Recovery (CDBG-DR) Action Plan that detailed how the 2 State will administer the funds statewide. The Action Plan allocated funding for the Voluntary 2 Home Buyout Program (VHBP) for the unincorporated portions of Monroe County. The County 0 was awarded $15 Million in funding; and WHEREAS, the County adopted Resolution 150-2020 to accept and execute the VHBP eat Subrecipient Agreement for the CDBG-DR funding on May 20, 2020, which was amended by an Amendment to the VHBP Subrecipient Agreement approved on March 17, 2021; and WHEREAS, the purpose of Rebuild Florida's CDBG-DR Voluntary Home Buyout Program 0 is to acquire properties that are in high-risk flood areas to help reduce the impact of future disasters, and to assist property owners to relocate to less risk prone areas. The Subrecipient Agreement requires the County to restrict VHBP acquired properties to uses stated in the County's grant CL application. The application included Resolution 224-2019 which stated the county's intention > was to deed-restrict the properties in perpetuity to open space uses, storm water improvements or 00 0 to restore and conserve the natural floodplain functions. This deed-restriction is provided for in a 0 "Declaration of Restrictive Covenant Running with the Land and Declaration of Restriction on Future Development"; and Page 1 of 6 Packet Pg. 1704 H.4.c WHEREAS, Monroe County is acquiring property through the VHBP for a purchase price of $550,000.00. This acquisition has been reviewed and approved by DEO per the terms of the Subrecipient Agreement; and 0 WHEREAS,The residence was constructed in 1963 and therefore Monroe County has one(1) ROGO Exemption on the property; and WHEREAS,said one(1)market rate ROGO Exemption are not needed for the redevelopment ai of the site; and WHEREAS, the BOCC is moving one (1) market rate ROGO Exemption to the a. 0. Administrative Relief pool for market rate allocations. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY o COMMISSIONERS OF MONROE COUNTY, FLORIDA: 2 Section 1. Recitals and Legislative Intent: The foregoing recitals and statements of legislative intent are true and correct and are hereby incorporated as if fully stated herein. Section 2. This resolution shall become effective upon its adoption by the Monroe County 0 Board of County Commissioners. c. Section 3. This resolution authorizes the Mayor to execute the Purchase Agreement attached -� hereto as Exhibit A. Section 4. The resolution authorizes the Mayor to execute the Declaration of Restrictive Covenant Running with the Land and Declaration of Restriction on Future Development, attached hereto as Exhibit B. Section 4. The resolution authorizes the Monroe County Planning Department to move one (1) market rate ROGO Exemption to the Administrative Relief pool for market a. rate allocation. The Property Record Card is attached hereto as Exhibit C. 0 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th day of February 2022. Mayor David Rice, District 4 Mayor Pro Tem Craig Cates, District 1 Commissioner Michelle Coldiron, District 2 Vacant, District 3 E Page 2 of 6 Packet Pg. 1705 H.4.c Commissioner Holly Merrill Raschein, District 5 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS 0 OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor 0 2 0 0 CL CL 0 0 w N CD CD Page 3 of 6 Packet Pg. 1706 H.4.c Exhibit A Purchase Agreement Redacted pursuant to Fla. Stat. 119.071 ai CL CL CO 0 2 0 0 CL CO CL 0 0 w cv CD CD Page 4 of 6 Packet Pg. 1707 H.4.c Exhibit B Restrictive Covenant 0 Redacted pursuant to Fla. Stat. 119.071 ai CL CL 0 2 0 0 CL CO CL 0 0 w cv CD CD Page 5 of 6 Packet Pg. 1708 H.4.c Exhibit C ROGO Exemption Letter 0 Redacted pursuant to Fla. Stat. 119.071 ai CO 0 2 0 0 CL CO CL 0 0 w cv CD CD Page 6 of 6 Packet Pg. 1709 ON OE COUNTY,FLORIDA VOLUNTARY HOME BUYOUT PROGRAM AGREEMENT FOR PURCHASE This AGREEMENT made this day of 2022, by and between Monroe County, a political subdivision of the State of Florida, e post office address is 1100 Simonton Street, Suite 205, Key West, FL 3 (hereinafter referred to as "Buyer") and (hereinafter referred to as"Seller(s)"): 1. OFFER AND DESCRIPTION_,Buyer agrees to buy,and Seller(s)agrees to sell all of a certain piece, parcel or lot of land, and for all of the lands and other interests, buildings, structures and improvements thereon, which lands shall include all tenements, hereditaments,together with fixtures and Personal Property (as described below), all water and other rights, easements, appurtenances, and any and all of the Seller(s)' rights in or arising by reason of ownership thereunto belonging,owned by them,situate and lying in the Monroe County, State of Florida, more particularly described as follows (which will be collectively referred to as "Property") ; to wit: ai LEGAL DESCRIPTION: CL CL 2 RE NUMBER: Seller(s) must relinquish all development/building rights to the property including but not limited to any and all allocations legally existing or granted under the MONROE COUNTY's RATE OF GROWTH ORDINANCE (ROGO)_ The Seller(s) agree that they have full right, power, and authority to convey, and that they will convey to the Buyer the fee simple title together with legal and practical access thereto clear,free and unencumbered, subject to the following easements or reservations for: canals, ditches, flumes, pipelines, railroads, public highways and roads,telephone,telegraph, power transmission lines and public utilities. 2. CONSIDERATION- The purchase price for the and improvements above described is 50,000.00,to be paid at closing, ins any outstanding liens or assessments which are due and payable at the date of se ent_ CL cv � £;. 1 c 4 € A a t �. V i t i, N� % any r��a. �, ' £�. F, �r� £;, k. % e ti.;,' ' ,r �., � �< `: .. U Packet Pg. 1710 C*E-`-0Y ONOE CO , O DA \1 VOLUNTARY OE BUYOUT PROGRAM 3. CONTINGENCIES. 3.1 Seller(s) shall vacate the property within 90 days from the date of this contract or by the vacancy inspection date, whichever is earlier. If Seller(s) does not vacate the property, the Buyer shall have the right to void this contract, unless an extension has been agreed upon, in writing, between Seller(s)and the Buyer. The Property shall be delivered by Seller(s) at settlement/closing date free of any tenant(s) or occupant(s) and future tenancies. 3.2 Buyer shall have access to Property and the right to perform any and all inspections on the Property up until day of closing/settlement date. If Buyer's inspections are not satisfactory to the Buyer, the Buyer shall have the right to void this contract. Buyer shall also have the right to void this contract if the Buyer's intended use of the property is a violation of any restrictive covenants on the property that cannot be modified. 3.3 Buyer and Seller(s) acknowledges that this Property is being purchased with U.S. Department of Housing and Urban Development(HUD) funds that are being allocated through Florida's Department of Economic Opportunity(DEO) in accordance with the Voluntary Home Buyout Program. The Seller(s)acknowledges that this contract does CL not constitute a guarantee to the commitment of funds or site approval, and that such CL commitment of funds or approval is subject to satisfactory completion of an environmental review, DEO approval of the purchase, and Monroe County, FL Board of County Commissioner's approval of the purchase, and. The Buyer may terminate this Agreement at any time if any of the above Contingencies are not met. 0 3.4 The Seller(s)shall resolve any open code enforcement proceedings prior to closing. 4. TRANSACTION COSTS. Buyer's Transaction Costs include the appraisal fee, Buyer's attorney fees, deed preparation, title search charges, survey (if required) and title insurance, owner's policy, inspections, municipal lien search, and all documentary stamp taxes and i recording fees, if applicable. Seller(s)'s Transaction Costs include deed preparation and payoff fees. Buyer shall be responsible for Buyer's transaction costs and Seller(s)'s transaction costs. Seller(s) shall be responsible for any costs necessary to deliver a marketable title (including recording of loan and/or lien satisfactions or other fees needed to cure title). If Seller(s) is represented by a realtor or attorney, the Seller(s) is responsible for all Seller(s)' realtor and attorney fees. Seller(s)shall f imish to Buyer at Closing an affidavit attesting to the absence of 0i any financing statement, claims of lien,or potential lienors known to Seller(s). 5. REAL ESTATE TAXES. Buyer shall be responsible for the pro-rata share of prepaid real property taxes, including any special taxes, due at the date of settlement/closing. It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at the date of settlement/closing, whether or not such taxes and assessments are then due and payable. w i 6. ADJUSTMENTS. NONE. `CD V PageCD a' of t Attachment ,_1, A g r e e ; n e #s t for P ti r dh a e Packet Pg. 1711 ONROE COUNTY,FLORIDA s VOLUNTARY HOME BUYOUT PROGRAM 7. CONVEYANCE DATE OF CLOSING/POSSESSION. Conveyance will be made subject to all easements and covenants of record (provided they do not make the title unmarketable or prohibits Buyer from its desired use of the property) and to all governmental statutes, ordinances,rules,and regulations.The Seller(s)expressly agree herein to furnish to the Buyer any documents in Seller(s)'s possession establishing evidence of title including, but not limited to, abstracts,title commitments, title policies and opinions of title. Seller(s)agrees to convey by marketable title with a general warranty deed,free of encumbrances.The deed will be prepared by the Closing Attorney in the name of Monroe County, FLS or as otherwise stipulated by Buyer, and delivered to stipulated place of closing. Closing Attorney shall be authorized to disburse the sales proceeds at the time of settlement. This transaction will be closed on or before 90 days of the signing of thiscontract unless an extension has been agreed upon between Seller(s)and the Buyer. .c 8. FIXTURES AND PERSONAL PROPERTY. At the time of closing/settlement date, this sale includes all property,fixtures, equipment and improvements of any kind left on the premises. Personal property, such as fixtures, can be removed from the property prior to Vacancy Inspection so long as this removal does not cause health or safety concems on the premises. 9. EXPIRATION OF OFFER. This offer from Buyer will be withdrawn at 5 o'clock PM. (Eastern Time) on January 26, 2022 unless accepted or countered by Seller(s) in written form prior to such time. If Seller(s) requires an extension to the time and date stated above c to accept or counteroffer the offer presented by the Buyer, a written request with reasoning needs to be submitted to and approved by the Buyer prior to the expiration date. 10.TIME IS OF THE ESSENCE. Time is of the essence with respect to all provisions of this �- contract that stipulate a specific period of time for performance. Failure of Seller(s) to complete any provision of this contract within the stipulated period of time for completion of the provision will constitute,where applicable,a default of this contract. 11.SURVIVAL. If any provision herein contained which by its nature and effect is required to be observed, kept or performed after closing, it will survive the closing and remain binding upon and for the Parties hereto until fully observed kept or performed. 12.ENTIRE AGREEMENT. This agreement, the Voluntary Transaction Agreement, the Certificate of Removal of Personal Property and Abandonment, the Subrogation Agreement, i Right of Entry, Hold Harmless and Indemnification Agreement, and Certificate of Vacancy Inspection supersedes any and all understandings and agreements between the parties and constitutes the sole and entire agreement between the parties. No oral agreement or representations prior hereto shall be included herein unless set forth in writing.Any change to this contract shall be in writing.This agreement shall be constructed in accordance with the laws y of the State of Fkxida. It is understood by the parties that this agreement is subject to Chapter 119,Florida Statute regarding Public Records Law. i 13.EFFECTIVE DATE.The effective date of this Agreement shall be that date when the last one of the Seller(s)and the Buyer has signed this Agreement. l a, r? e 3 a,, 4 a 4 v v: :'x c .: .;� e 4 A g r a,° a: .,$ e s a ": a ;,� ' 4 t E; h z x s a;:.` U Packet Pg. 1712 ONROE COUNTY,FLORIDA k VOLUNTARY HOME BUYOUT PROGRAM Warning: Any person who knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31U.S.C. 3729. 0 IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective seals on the day first above written and therefore the Seller(s)for and in consideration hereinabove acknowledge as received,have and do hereby grant unto the Buyer or its authorized representative, or any other office or agent of the Buyer authorized to purchase said lands, the option and right to enter into this Agreement and to purchase said lands as herein provided. > 0 .c Seller/ � ai Signature Date Phone Number CL CL Buyer/COUNTY: MONROE COUNTY, FLORIDA ATTEST: Kevin Madok, CPA, Clerk By: Deputy Clerk David Rice, Mayor LM (Seal) i Date: CL i cv CD CD Packet Pg. 1713 H.4.e Return to: The Law Office of Anthony J.Barrows W 540 Key Deer Blvd Big Pine Key,FL 33043 305-872-1050 -------------------------------- Space Above this Line for Recording ----------------------------------- 0 DECLARATION OF RESTRICTIVE COVENANT RUNNING WITH THE LAND AND DECLARATION OF RESTRICTION ON FUTURE DEVELOPMENT This Declaration of Restrictive Covenant is executed as of the 16th day of February, 2022 (the "Effective Date"), by Monroe County, a political subdivision of the State of Florida, whose post office address is 1100 Simonton Street, Suite 205, Key West, FL 33040, in reference to the t� property ("Property") known as: Legal Description: ai CL CL 0 RE 4: Address: 2 conveyed by the Deed between participating in a federally assisted acquisition project("Grantor"), and Monroe County, ("Grantee"), its successors and assigns: WHEREAS, Hurricane Irma impacted the Florida Keys on September 10, 2017, destroying or 0 majorly damaging over 4,000 residential structures in Monroe County; and U WHEREAS,in response to the impacts statewide of Hurricane Irma,the Department of Economic Opportunity (DEO) developed a Community Development Block Grant - Disaster Recovery (CDBG-DR) Action Plan that detailed how the State will administer the funds statewide. The Action Plan includes the Voluntary Home Buyout Program (VHBP)which was created to acquire properties that are in high-risk flood areas, to reduce the impact of future disasters, and to assist property owners to relocate to less risk prone areas; and, WHEREAS, Monroe County was awarded $15 Million in CDBG-DR funding for the creation and implementation of a VHBP for unincorporated portions of the County. The County adopted E Packet Pg. 1714 H.4.e Resolution 150-2020 to accept and execute the VHBP DEO Subrecipient Agreement for the CDBG-DR funding on May 20, 2020, which was amended by an Amendment to the VHBP Subrecipient Agreement approved on March 17, 2021, making the County a VHBP grantee; and WHEREAS, the Subrecipient Agreement requires the County to restrict VHBP acquired properties to uses stated in the County's grant application. The application included Resolution 224-2019 which stated the county's intention was to deed-restrict the properties in perpetuity to open space uses, storm water improvements or to restore and conserve the natural floodplain functions; and NOW, THEREFORE, this DECLARATION is made from and after the Effective Date and subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the Subrecipient Agreement I0092 dated June 4, 2020, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to CDBG-DR requirements concerning the acquisition of the Property: a. Compatible uses. The Property shall be dedicated and maintained in perpetuity to open space uses, storm water improvements or to restore and conserve the natural floodplain functions. a. b. Structures. Construction of new structures is only allowed where: i. A public building is open on all sides and functionally related to a designated open space use.; 0 ii. The structure is a public rest room; or iii. The structure is compatible with the uses proposed included in paragraph l.a., and has DEO approval in writing before the < construction of the structure begins. .� Any new structures built on the Property according to the subparagraph b. above will be elevated or flood-proofed to the Base Flood Elevation (BFE) plus two foot of freeboard as defined in the Federal Register 24 CFR 55.2(b)(10), or as amended and defined in the Federal Register, and meet applicable requirements of the National Flood Insurance Program (NFIP) > 0 floodplain management regulations or local codes. U a. C. Disaster Assistance and Flood Insurance. After settlement, no federal disaster assistance for any purpose from any federal source, nor flood insurance payments will be made with respect to the Property,and no person or entity shall seek such amounts. d. Transfer. The subrecipient must obtain the approval of DEO before conveying ownership (fee title) of the Property to another public agency or qualified conservation organization.Property transfer to private citizens and corporations will not be approved. All development rights in the form of a E Packet Pg. 1715 H.4.e conservation easement on the property must be conveyed to the conservation organization or retained by the subrecipient or other public entity. 2. Enforcement. The subrecipient must accept responsibility for monitoring and enforcing this deed restriction and/or easement. 3. Amendment. This agreement may be amended upon signatures of DEO and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 4. Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. IN WITNESS WHEREOF,the undersigned has caused this DECLARATION to be signed by its duly authorized representatives, as of the day and year first above written. Grantee/ COUNTY: MONROE COUNTY, FLORIDA ATTEST: Kevin Madok, CPA, Clerk 4- 0 By: Deputy Clerk David Rice, Mayor -� (Seal) i Date: 0 U CL N CD CD Packet Pg. 1716