Land Use Restriction Agreement 07/19/2022 %.,. •YTxng,,`
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MONROE COUNTY LAND AUTHORITY
1200 Truman Avenue, Suite 207, Key West, FL 33040
Phone: (305)295-5180 Fax: (305)295-5181
MEMORANDUM
To: Liz Yongue, Deputy Clerk
Clerk of the Court
,.., fie
From: Dina Gambuzza, Office Manager �` -
Monroe County Comprehensive Plan Land Authority
RE: Original Recorded Quit Claim Deed OR3185-2203
Copy of Recorded Land Use Restriction Agreement OR3185-2205
Date: 8/3/22
Enclosed are the original recorded Quit Claim Deed and copy of the recorded Land Use Restriction
Agreement of the below parcels for your handling:
Block 3, Lots 3 and 4, Bay Point Amended Plat (PB3-75) with parcel numbers #00160160-000000 and
00160170-000000 (Monroe County Land Authority to Monroe County)
Doe#2384982 Bk#3185 Pg#2205
THIS INSTRUMENT PREPARED Recorded 7/26/2022 12:03 PM Page 1 of 6
BY AND RETURN TO:
Gregory S.Oropeza,Esq. Filed and Recorded in Official Records of
Oropeza,Stones,&Cardenas,PLLC MONROE COUNTY KEVIN MADOK,CPA
221 Simonton Street
Key West,FL 33040
LAND USE RESTRICTION AGREEMENT
THE CORNER OF CROSS WAY AND WEST CIRCLE DRIVE, OCEAN SIDE OF
SADDLEBUNCH KEY NEAR MM 14 WITH A LEGAL DESCRIPTION OF LOTS 3 AND
4, BLOCK 3, BAY POINT AMENDED PLAT (PB 3-75) WITH PARCEL ID NUMBERS
00160160-000000 AND 00160170-000000
THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made
and entered into as of the 1(1 `day of , 20a-between MONROE COUNTY
(hereinafter "County" and the MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY, a land authority pursuant to section 380.0663(1), Florida Statutes and Monroe
County Ordinance No. 031-1986 (hereinafter "Land Authority"), and their respective successors
and assigns.
RECITALS
A. The site legally described as Lots 3 and 4, Bay Point Amended Plat, Plat Book 3,
Page 75,of the Public Records of Monroe County, Florida(hereinafter"Subject Property") located
at the corner of Cross Way and West Circle Drive on the ocean side of Saddlebunch Key, near
Mile Marker 14, with Parcel ID Numbers 00160160-000000 and 00160170-000000
B. The County has adopted Resolution 129-2022 nominating the Subject Property for
purchase by the Land Authority,with subsequent conveyance to the County for public recreational
facilities and potentially for affordable housing.
C. The Land Authority has adopted Resolution 03-2022 and has contracted to purchase
the Subject Property.
D. As a condition of Land Authority purchasing the Subject Property, County has
agreed that the Subject Property shall only be used consistent with Florida Statutes 380.0666(3)(a)
for public recreational facilities and affordable housing.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set
forth herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, County and Land Authority do hereby contract and agree as follows:
Page 1 of 6
ARTICLE I
COMPLIANCE WITH LAND AUTHORITY REQUIREMENTS
In order to comply with the Land Authority's requirements pursuant to section
380.0663(1),et seq., Florida Statutes and Monroe County Ordinance No. 031-1986,County hereby
covenants and agrees as follows:
1.01 The restrictions contained in this Article I shall not expire, shall run with the Subject
Property in perpetuity and shall be binding upon County.
1.02 Use of the Subject Property shall be restricted to public recreational facilities and the
provision of affordable housing.
1.03 County is responsible for ensuring compliance with the restrictions in this Article I and
expressly agrees to furnish, upon the Land Authority's request, written certification
thereof.
ARTICLE II
CONSIDERATION
In addition to other purposes, the Land Authority has purchased the Subject Property In
consideration of said Land Authority funding for the foregoing purposes, County and Land
Authority have entered into this Agreement.
ARTICLE III
RELIANCE
In performing its duties hereunder,the Land Authority may rely upon statements by County
of the Subject Property believed to be genuine and to have been executed by the proper person or
persons,and upon audits of the books and records of County pertaining to occupancy of the Subject
Property.
ARTICLE IV
TERM
This Agreement shall become effective upon its execution and delivery and shall remain
in full force and effect without expiration,unless modified by mutual written consent of the parties.
Page 2 of 6
ARTICLE V
ENFORCEMENT
If County defaults in the performance of its obligations under this Agreement or breaches
any material covenant, agreement or warranty of County set forth in this Agreement, and if such
default remains uncured for a period of thirty (30) days after written notice thereof shall have been
given by the Land Authority to County, then the Land Authority may take any action at law or in
equity or otherwise to address said default(s). However, if the default stated in such notice can be
corrected, but not within the thirty (30) day period, and if County adopts a plan to correct or cure
the default and commences the correction within the thirty (30) day period (subject to any rights
of tenants in possession of units under a valid lease agreement), and thereafter diligently pursues
the same to completion within such extended period, the Land Authority shall not have waived its
right of enforcement if the default remains uncured after the expiration of the extended cure period.
ARTICLE VI
RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND
6.01. Upon execution County shall cause this Agreement and all amendments and
supplements hereto to be recorded and filed in the official public records of Monroe County and
shall pay all fees and charges incurred in connection therewith.
6.02 This Agreement and the covenants contained herein shall run with the land and
shall bind, and the benefits shall inure to, respectively, County and Land Authority and their
respective successors and assigns during the term of this Agreement.
ARTICLE VII
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida, with respect to both substantive rights and with respect to procedures and
remedies.
ARTICLE VIII
NOTICE AND EFFECT
All notices and other communications to be made or permitted to be made hereunder shall
be in writing and shall be delivered to the addresses shown below or to such other addresses that
the parties may provide to one another in accordance herewith. Such notices and other
communications shall be given by any of the following means: (a) personal service or(b) national
express air courier, provided such courier maintains written verification of actual delivery. Any
notice or other communication given by the means described in subsection (a) or (b) above shall
be deemed effective upon the date of receipt or the date of refusal to accept delivery by the party
to whom such notice or other communication has been sent.
Page 3 of 6
Land Authority: Monroe County Land Authority
1200 Truman Avenue, Suite 207
Key West, FL 33040
Attention: Executive Director
County: Monroe County
1100 Simonton St
Key West, FL 33040
Attention: County Administrator
Monroe County Office of County Attorney
1111 12th Street
Suite 408
Key West, FL 33040
Attention: County Attorney
Any party may change said address by giving the other parties hereto notice of such change
of address in accordance with the foregoing provisions.
ARTICLE IX
MISCELLANEOUS
9.01. If any provision of this Agreement shall be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining portions shall not in any way be affected or
impaired.
9.02. This Agreement may be simultaneously executed in multiple counterparts, all of
which shall constitute one and the same instrument and each of which shall be deemed to be an
original.
Page 4 of 6
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
THE CORNER OF CROSS WAY AND WEST CIRCLE DRIVE, OCEAN SIDE OF
SADDLEBUNCH KEY NEAR MM 14 WITH A LEGAL DESCRIPTION OF LOTS 3 AND
4, BLOCK 3, BAY POINT AMENDED PLAT (PB 3-75) WITH PARCEL ID NUMBERS
00160160-000000 AND 00160170-000000
IN WITNESS WHEREOF, County and Land Authority have caused this Agreement to
be signed, sealed and attested on their behalf by duly authorized representatives, all as of the date
first set forth above.
WITNESSES: Monroe County
Cl . z� A„,
Print: Chri5Hr v- �,t�l�.
44(41,
4V'' , By:
ayor David P. Rice
Pr' t: Ut,✓ /4 it.0 ,tC
Address: 1 100 Simonton Street
Key West, Florida 33040
Approved as to form and legality
•
Robert Shilling , Esq.
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by means of physical presence this
1°A day of JtA ,2013 by David P. Rice as Mayor of Monroe County. Said person
is personally known to me or has produced a valid driver's license as identification.
6,uo
Aro__
Notary Public; State of Florida"
Print Name:N1 PctA N Isag
l)�NAGAMBU7ZA My Commission Expires: 'Sr( `23
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My Commission No.: a(, '� =Fi
.�.•,• EXPIRES'September 17,2023
uc 'P Bonded'Mu*buy Put&Undetwrttere
Page 5 of 6
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
THE CORNER OF CROSS WAY AND WEST CIRCLE DRIVE, OCEAN SIDE OF
SADDLEBUNCH KEY NEAR MM 14 WITH A LEGAL DESCRIPTION OF LOTS 3 AND
4, BLOCK 3, BAY POINT AMENDED PLAT (PB 3-75) WITH PARCEL ID NUMBERS
00160160-000000 AND 00160170-000000
IN WITNESS WHEREOF, County and Land Authority have caused this Agreement to
be signed, sealed and attested on their behalf by duly authorized representatives, all as of the date
first set forth above.
WITNESSES: MONROE COUNTY COMPREHENSIVE PLAN
LAND AUTHORITY
01111
Print: CGS y r h n c- 1 em
0 By:
David P. Rice, Chairman
Print: rt- f,4c_ri9-CJ 14
Address: 1200 Truman Avenue
Suite 207
`rr,Kgc0West, FL 33040
Approved as to form and legality ,/ 4,
Gregory S. Oropeza, Esq. _:_
•
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by means of physical presence
this *t^ day of Z k c.\ , 202-?by David P. Rice, as Chairman of the MONROE
COUNTY COMPREHENSIVE PLAN LAND AUTHORITY,a land authority pursuant to section
380.0663(1), Florida Statutes and Monroe County Ordinance No. 031-1986,on behalf of the Land
Authority. Said person is personally known to me or has produced a valid driver's license as
identification.
-42
Notar Public• State of Florida
. ,; ��NAGAMBU2ZA•
Print Name: -% V �1 k 19
LC1 I,Q Z>�1
MYcommiSSiON#so 336333 My Commission Expires: (13
f'IRES•September17 2023 My Commission No.: �C-33�3
''f•it kq•'. Bonded Thu Notary Pubdo Underw Items
Page 6 of 6