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Item P07 P.7 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District 1 y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting June 15, 2022 Agenda Item Number: P.7 Agenda Item Summary #10653 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470 N/A AGENDA ITEM WORDING: Approval of a resolution of the Board of County Commissioners of Monroe County, Florida approving a County deed to donate two lots for the construction of two (2) affordable housing dwelling units to Habitat for Humanity of the Upper Keys. ITEM BACKGROUND: Habitat for Humanity of the Upper Keys Inc. desires to acquire three county owned parcels (lots 14 and 15 of the Holiday Homesites Subdivision) for the purpose of building affordable housing and such desire was set forth at the Board of County Commissioners meeting on May 18, 2022, with Habitat for Humanity of the Upper Keys Inc. requesting the two parcels. The parcels are not needed by the County for other County purposes and the County seeks to donate the land to Habitat for Humanity of the Upper Keys Inc. for a nominal sum. The County shall, by this Resolution, record a County Deed in the public records of Monroe County transferring title of two parcels from Monroe County to Habitat for Humanity of the Upper Keys Inc. This deed is issued based upon the need of Habitat of Humanity of the Upper Keys Inc. for affordable lands to build needed affordable housing and the availability of these non-needed County surplus lands. This transfer of title is intended by the County to be a donation with a nominal sale price of$1.00. As drafted, the resolution authorizes and deed contains a reverter clause that would return ownership of any lot conveyed, at the option of the County, should no affordable dwelling unit be built upon that lot by July 1, 2032. PREVIOUS RELEVANT BOCC ACTION: May 18, 2022—BOCC discussed the donation request and motion was made granting approval of the donation. Motion carried unanimously. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. Packet Pg. 3188 P.7 DOCUMENTATION: Resolution authorizing donation of 2 lots to Habitat for Humanity of the Upper Keys June 2022 Deed on Key Largo lots June 2022 with reverter FINANCIAL IMPACT: Effective Date: Upon adoption Expiration Date: None Total Dollar Value of Contract: $1.00 Total Cost to County: n/a Current Year Portion: n/a Budgeted: n/a Source of Funds: n/a CPI: n/a Indirect Costs: County disposes of 2 lots in its inventory; saves associated maintenance costs. Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: Yes. If yes, amount: One whole dollar!! Grant: n/a County Match: n/a Insurance Required: n/a Additional Details: Donation of 2 lots to Habitat for Humanity to build affordable housing. REVIEWED BY: Bob Shillinger Completed 05/24/2022 4:20 PM Maureen Proffitt Completed 05/25/2022 10:10 AM Bob Shillinger Completed 05/27/2022 1:58 PM Purchasing Completed 05/27/2022 2:16 PM Budget and Finance Completed 05/31/2022 8:56 AM Brian Bradley Completed 05/31/2022 9:41 AM Lindsey Ballard Completed 05/31/2022 11:08 AM Board of County Commissioners Pending 06/15/2022 9:00 AM Packet Pg. 3189 P.7.a L_ 0 r r 2 3 try ' (itf w 5 � 6 7 MONROE COUNTY, FLORIDA - 8 BOARD OF COUNTY COMMISSIONERS 9 RESOLUTION NO. -2022 10 0 11 a 12 A RESOLUTION OF THE MONROE COUNTY BOARD OF CN 13 COUNTY COMMISSIONERS APPROVING A COUNTY DEED TO CN 14 DONATE TWO LOTS [LOTS 14 AND 15 OF THE HOLIDAY 15 HOMESITES SUBDIVISION] FOR THE CONSTRUCTION OF 16 TWO (2) AFFORDABLE HOUSING DWELLING UNITS TO 17 HABITAT FOR HUMANITY OF THE UPPER KEYS. 18 19 20 WHEREAS,the Board of County Commissioners of Monroe County, at a regular meeting 21 on the 18th of May 2022 in Key West, Florida, first heard this matter, and 0 22 23 WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.01(1)(t), 24 Florida Statutes, Monroe County possesses the police powers to enact Resolutions in order to 25 protect the health, safety, and welfare of the County's citizens; and 26 27 WHEREAS, Section 125.38, Florida Statutes, specifically states that the donation of a 28 land to a non-profit organization promoting community interest and welfare be done by � 29 Resolution; and 0 30 4 31 WHEREAS, pursuant to Section 125.379, Florida Statutes, the Board of County 2 N 32 Commissioners adopted Resolution 404-2015 approving an inventory of County-owned real - 33 property that may be appropriate for affordable housing, as reviewed and recommended by the a 34 Monroe County Affordable Housing Advisory Committee; and 35 0 36 WHEREAS, Section 125.379, Florida Statutes, provides that the Board of County 37 Commissioners may donate properties identified as appropriate for use as affordable housing on 38 the inventory list adopted by the County to a nonprofit housing organization for the construction 0 39 of permanent affordable housing; and 40 41 WHEREAS, Habitat for Humanity of the Upper Keys, Inc. desires to acquire two County 42 owned parcels for the purpose of building affordable housing and such desire was set forth at the 0 U) 43 Board of County Commissioners meeting on May 18, 2022, with Habitat for Humanity of the 0 44 Upper Keys requesting the two parcels; and 45 c� Resolution -2022 Page 1 of 2 Packet Pg. 3190 P.7.a L_ 1 WHEREAS, the three parcels are not needed by the County for other County purposes; 0 2 and 3 4 WHEREAS, the County seeks to donate the land to Habitat for Humanity for a nominal 0 5 sum ($1.00); and 6 4- 7 WHEREAS, adoption of this Resolution will further the health, safety, and welfare of the 0 8 citizens of Monroe County. 9 0 10 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY a 11 COMMISSIONERS OF MONROE COUNTY, FLORIDA: N 12 a 13 The County shall,by passage of this Resolution,record a County Deed(attached to 14 this Resolution) in the public records of Monroe County transferring title of two U 15 parcels from Monroe County to Habitat for Humanity of the Upper Keys Inc. This 16 deed is issued based upon the need of Habitat for Humanity for affordable lands to 17 build needed affordable housing and the availability of these non-needed County 18 surplus lands. This transfer of title is intended by the County to be a donation with 19 a nominal sale price of$1.00. The deed shall contain a reverter clause that would 4- 20 return ownership of any lot conveyed, at the option of the County, if an affordable 0 21 dwelling unit has not been built upon that lot by July 1, 2032. 22 23 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, X 24 Florida, at a regular meeting held on the 15th day of June, 2022. 0 25 26 Mayor David Rice 27 Mayor Pro Tem Craig Cates 28 Commissioner Michelle Coldiron 29 Commissioner James K. Scholl 30 Commissioner Holly Merrill Raschein cN 31 0 32 33 BOARD OF COUNTY COMMISSIONERS 34 OF MONROE COUNTY, FLORIDA 35 36 37 BY 38 MAYOR DAVID RICE 39 40 (SEAL) 41 ATTEST: KEVIN MADOK, CLERK Approved for form and legal sufficiency 0 42 43 44 45 AS DEPUTY CLERK Robert B. Shillinger, County Attorney Resolution -2022 Page 2 of 2 Packet Pg. 3191 P.7.b This instrument prepared by or under the direction of: Monroe County Attorney Robert B. Shillinger 1111 121 Street, Suite 408 Key West,Florida 33040 Please return to: County Attorney's Office CL COUNTY DEED BARGAIN and SALE 4- THIS DEED, made this day of 2022, by Monroe County, Florida, a political subdivision of the State of Florida, party of the first part, whose address is 500 Whitehead Street, Key West, Florida 33040, to Habitat for Humanity of the Upper Keys, Inc., party of the second part, whose principal address is 98970 Overseas Hwy., Key Largo, Florida 33037. X 0 WITNESSETH: That the said party of the first part, for and in consideration of the sum of One and 00/100 ($1.00) Dollar and other valuable considerations, receipt and sufficiency being hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto X the a of the second art the following described land lying and being in Monroe Count Florida: party P � g Y g g Y� � Lot 14, Block 6, Holiday Homesites, according to the Plat thereof as recorded in Plat Book 2, Page 4- 168 of the Public Records of Monroe County, Florida, Parcel ID Number: 00530730-000000 and Lot 15, Block 6, Holiday Homesites, according to the Plat thereof as recorded in Plat Book 2, Page 0 168 of the Public Records of Monroe County, Florida, Parcel ID Number: 00530740-000000 - TOGETHER with all tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever, with each lot being subject to reverter to the County, at the County's option,if an affordable dwelling unit has not been built upon that parcel by July 1, 2032. U) IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chair or Vice Chair of said Board, the 0 day and year aforesaid. ATTEST: Monroe County B.O.C.C. 0 (type/print name) By: Deputy Clerk Mayor David Rice (OFFICIAL SEAL) Approved for form and legal sufficiency by Monroe County Attorney Robert B. Shillinger Packet Pg. 3192