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Item H2 H.2 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting October 19, 2022 Agenda Item Number: H2 Agenda Item Summary #11148 BULK ITEM: No DEPARTMENT: County Land Acquisition and Land Management TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180 9:15 A.M. AGENDA ITEM WORDING: Approval of a resolution of the Monroe County Board of County Commissioners nominating property for purchase by the Monroe County Comprehensive Plan Land Authority with a legal description of Block 36, Lot 13; Block 41, Lots 7 and 10; and Block 49, Lot 9, Sands Subdivision on Big Pine Key; requesting that the Authority transfer title to the County; committing to lease the subject property to Habitat for Humanity of Key West and Lower Florida Keys, Inc. for development with affordable housing; and authorizing the Mayor to sign a Land Use Restriction Agreement(LURA). ITEM BACKGROUND: This is a request for the Monroe County Land Authority to purchase four ROGO-exempt lots for affordable housing. The lots are described as Block 36, Lot 13; Block 41, Lots 7 and 10; and Block 49, Lot 9, Sands Subdivision on Big Pine Key. They have street addresses of 31142 Avenue F; 31371 Avenue F; 31372 Avenue G; and 31250 Avenue L They have Parcel ID4s of 00305070-000000; 00305850- 000000; 00305880-000000; and 00307000-000000. The seller of the property, Conch Republic Housing Alliance LLC, has requested the lots be redeveloped by Habitat for Humanity of Key West and the Lower Keys, utilizing the four ROGO exemptions. Habitat for Humanity provided the attached letter indicating their willingness to develop the sites. The property attributes are: • Tier designation: Tier 1 • Zoning designation: Improved Subdivision (IS) • Vegetation: Developed Land (previously each lot was developed with a single-family Packet Pg. 2192 H.2 dwelling unit • Sea Level Rise: The Southeast Florida Regional Climate Change Compact sea level rise projection for the period from 2000 to 2070 is 21 to 54 inches. In the event of a 36-inch increase in sea level, estimates provided by the South Florida Water Management District indicate the probability of inundation will be 75% to 100% for three of the lots and 25.1%to 74.9% for the fourth lot. • Florida Forever Boundary: This property is outside the Florida Forever boundary. • Transferrable Development Rights (TDRs): 4 TDRs The property owner has agreed to sell the property for the price they originally paid following Hurricane Irma, which is $468,000. Once the Land Authority closes the transaction, the Authority will convey the sites to Monroe County for future development. Monroe County will lease the four lots to Habitat for Humanity for development as affordable housing. The closing costs for transferring title to the County will be paid by the Land Authority. The attached Land Use Restriction Agreement(LURA) between the County and the Land Authority will limit the use of the property to affordable housing in order to maintain compliance with the Land Authority's statute. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Proposed Resolution with LURA Attached Request Letter from Habitat for Humanity Aerial Photograph FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: N/A (Land Authority will purchase) Total Cost to County: $0 Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Packet Pg. 2193 H.2 Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Christine Hurley Completed 09/29/2022 6:59 AM Dina Gambuzza Completed 09/30/2022 10:44 AM Mark Rosch Completed 10/01/2022 5:17 PM Bob Shillinger Completed 10/03/2022 10:13 AM Lindsey Ballard Completed 10/03/2022 11:27 AM Board of County Commissioners Pending 10/19/2022 9:00 AM Packet Pg. 2194 H.2.a RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSION NOMINATING PROPERTY FOR PURCHASE BY THE MONROE COUNTY 0 COMPREHENSIVE PLAN LAND AUTHORITY WITH A 47 LEGAL DESCRIPTION OF BLOCK 36, LOT 13; BLOCK 41, LOTS 7 AND LOT 10; AND BLOCK 49, LOT 9, SANDS SUBDIVISION ON BIG PINE KEY; REQUESTING THAT THE AUTHORITY TRANSFER TITLE TO THE COUNTY; COMMITTING TO LEASE THE SUBJECT PROPERTY TO HABITAT FOR HUMANITY OF KEY WEST AND LOWER FLORIDA KEYS, INC. FOR DEVELOPMENT WITH 2 AFFORDABLE HOUSING; AND AUTHORIZING THE MAYOR TO SIGN A LAND USE RESTRICTION AGREEMENT (LURA). 0 U WHEREAS, Monroe County desires the Monroe County Comprehensive Plan Land Authority (hereinafter "Authority") to purchase four properties described as Block 36, Lot 13; Block 41, Lots 7 and 10; and Block 49, Lot 9, Sands Subdivision on Big Pine Key, (hereinafter "Subject Property") for affordable housing; and U WHEREAS, the Subject Property has street addresses of 31142 Avenue F; 31371 Avenue F; 31372 Avenue G; and 31250 Avenue I and Parcel ID# 00305070-000000; 00305850-000000; 00305880-000000; and 00307000-000000. WHEREAS, purchase of the Subject Property for affordable housing is consistent with the policies of the County's Comprehensive Plan and Land Development Regulations; and WHEREAS, the property owner has agreed to sell the Subject Property with four (4) Rate of Growth Ordinance (ROGO) exemptions to the Authority; and WHEREAS, the Authority wishes to assist the County in acquiring the Subject Property for affordable housing. NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS THAT: U) 0 Section 1. The above recitals are true and correct and incorporated herein. 0 0 Section 2. The County hereby nominates the Subject Property for purchase by the Authority. c� Section 3. Upon the Authority's purchase of the subject property, the County hereby requests that the Authority transfer title to the County. Page 1 of 2 Packet Pg. 2195 H.2.a Section 4. The County hereby commits to lease the Subject Property to Habitat for Humanity of Key West and the Lower Keys for development with affordable housing. Section 5. The County Mayor is hereby authorized to execute the Land Use Restriction 0 Agreement (LURA) shown in Attachment "A" restricting use of the Subject Property to 47 affordable housing in accordance with Section 380.0666 (3)(a), Florida Statutes. Section 5. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Monroe County Board of County Commission at a regular meeting on this day of , 2022. n 2 Mayor David Rice Mayor Pro Tern Craig Cates Commissioner Michelle Coldiron Commissioner Holly Merrill Raschein c0 Commissioner James Scholl U) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA U BY: Mayor David Rice 0 (SEAL) ATTEST: KEVIN MADOK, CLERK c� By: As Deputy Clerk Approved as to form and legal sufficiency Robert B. Shillinger, Monroe County Attorney U) 0 0. 0 E c� Page 2 of 2 Packet Pg. 2196 H.2.a ATTACHMENT "A" THIS INSTRUMENT PREPARED BY AND RETURN TO: Gregory S.Oropeza,Esq. Oropeza,Stones,&Cardenas,PLLC 221 Simonton Street Key West,FL 33040 0 U) U) LAND USE RESTRICTION AGREEMENT 2 Four Parcels in Sands Subdivision on Big Pine Key Block 36, Lot 13; Block 41, Lots 7 and 10; and Block 49, Lot 9, Sands Subdivision 31142 Avenue F; 31371 Avenue F; 31372 Avenue G; and 31250 Avenue I Parcel ID# 00305070-000000; 00305850-000000; 00305880-000000; and 00307000-000000 0 U THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made and entered into as of the day of 2022, 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 U and assigns. 0 RECITALS A. The site is legally described as Block 36, Lot 13; Block 41, Lots 7 and 10; and Block 49, Lot 9, Sands Subdivision, as recorded in Plat Book 1, Page 65 of the Public Records of Monroe County, Florida (hereinafter "Subject Property"). The Subject Property has street addresses of 31142 Avenue F; 31371 Avenue F; 31372 Avenue G; and 31250 Avenue I on Big Pine Key and Parcel ID#s 00305070-000000; 00305850-000000; 00305880-000000; and 00307000-000000. B. The County has adopted Resolution nominating the Subject Property for purchase by the Land Authority, with subsequent conveyance to the County for affordable housing. 0 U) C. The Land Authority has adopted Resolution authorizing purchase of the Subject Property. U) 0 D. As a condition of Land Authority purchasing the Subject Property, County has agreed thatthe Subject Property shall only be used consistent with Florida Statutes 380.0666 (3)(a) for affordable housing and shall be leased to Habitat for Humanity of Key West and the Lower Keys. Page 1 of 6 Packet Pg. 2197 H.2.a 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: ARTICLE I 0 COMPLIANCE WITH LAND AUTHORITY REQUIREMENTS 47 U) In order to comply with the Land Authority's requirements pursuant to section 380.0663(1),etseq.,Florida Statutes and Monroe County Ordinance No. 031-1986,County hereby covenants and agrees as follows: U) 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. 2 1.02 Use of the Subject Property shall be restricted to 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 U thereof. U) c� ARTICLE II CONSIDERATION U The Land Authority has paid over $468,000 to purchase the Subject Property for the County and as an inducement to the County to restrict use of the Subject Property to affordable 2 housing in perpetuity. In consideration of said Land Authority funding for the foregoing purposes, U) County and Land Authority have entered into this Agreement. ARTICLE III RELIANCE d In performing its duties hereunder, the Land Authority may rely upon statements and certificates of the County, its tenants, and the residents of the Subject Property believed to be genuine and to have been executed by the proper person or persons, and upon audits of the books and records of County pertaining to occupancy of the Subject Property. ARTICLE IV TERM This Agreement shall become effective upon its execution and delivery and shall remain U) in full force and effect without expiration,unless modified by mutual written consent of the parties. 0 ARTICLE V CL ENFORCEMENT a� 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 Page 2 of 6 Packet Pg. 2198 H.2.a 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 X the default and commences the correction within the thirty (30) day period (subject to any rights 0 of tenants in possession of units under a valid lease agreement), and thereafter diligently pursues 47 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 U) RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND 6.01. Upon execution County shall cause this Agreement and all amendments and 2 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 U respective successors and assigns during the term of this Agreement. U) c� ARTICLE VII GOVERNING LAW U 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 2 remedies. U) 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 2 be deemed effective upon the date of receipt or the date of refusal to accept delivery by the parry 0 to whom such notice or other communication has been sent. U) 0 0 Land Authority: Monroe County Land Authority 1200 Truman Avenue, Suite 207 Key West, FL 33040 E Attention: Executive Director Page 3 of 6 Packet Pg. 2199 H.2.a County: Monroe County 1100 Simonton St Key West, FL 33040 Attention: County Administrator X 0 Monroe County Office of County Attorney 47 1111 12th Street Suite 408 Key West, FL 33040 Attention: County Attorney U) Any parry may change said address by giving the other parties hereto notice of such change of address in accordance with the foregoing provisions. 2 ARTICLE IX MISCELLANEOUS 0 9.01. If any provision of this Agreement shall be invalid, illegal or unenforceable, the U validity, legality and enforceability of the remaining portions shall not in any way be affected or U) 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 U original. 2. a� 0 c� 0 U) U) 0 0. 0 c� Page 4 of 6 Packet Pg. 2200 H.2.a COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT Four Parcels in Sands Subdivision on Big Pine Key Block 36, Lot 13; Block 41, Lots 7 and 10; and Block 49, Lot 9, Sands Subdivision 0 31142 Avenue F; 31371 Avenue F; 31372 Avenue G; and 31250 Avenue I 47 Parcel ID# 00305070-000000; 00305850-000000; 00305880-000000; and 00307000-000000 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 U) first set forth above. WITNESSES: Monroe County 2 CL c� Print: 0 By: U Mayor David P. Rice U) Print: CL Address: 1100 Simonton Street Key West, Florida 33040 U Cr Approved as to form and legality 2 0 U) Robert Shillinger, Esq. STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me by means of physical presence this day of 120 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. 0 U) Notary Public; State of Florida a� Print Name: U) 0 My Commission Expires: 0 My Commission No.: c� Page 5 of 6 Packet Pg. 2201 H.2.a COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT Four Parcels in Sands Subdivision on Big Pine Key 0 Block 36, Lot 13; Block 41, Lots 7 and 10; and Block 49, Lot 9, Sands Subdivision 47 31142 Avenue F; 31371 Avenue F; 31372 Avenue G; and 31250 Avenue I Parcel ID# 00305070-000000; 00305850-000000; 00305880-000000; and 00307000-000000 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. 2 WITNESSES: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY c� Print: 0 By: U David P. Rice, Chairman U) Print: Address: 1200 Truman Avenue, Suite 207 Key West, FL 33040 U Approved as to form and legality [SEAL] a� 0 U) Gregory S. Oropeza, Esq. STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me by means of physical presence this day of 20_, 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. 0 U) Notary Public; State of Florida a� Print Name: U) 0 My Commission Expires: 0 My Commission No.: c� Page 6 of 6 Packet Pg. 2202 � for H �� Habftat �� N��=�=�=�== �� m� � N �N ,� � �� nn� �� m n�� n*�� ~ � 47 U) � � September8, ZUZZ Christine Hurley, Executive Director um Monroe County Land Authority the Florida Keys Ms. Hurley, wv This letter is a response to your request for a written request for our proposed partnership for the CL properties at3114Z Avenue F, 31371 Avenue F, 31372 Avenue G and 31250Avenue | on Big Pine Key. w Our Habitat for Humanity affiliate has been approached by the owner of the property, Maggie Whitcomb of Conch Republic Housing Alliance, LLC, to ascertain if we have any interest in purchasing the U lots. Her original intention was to build 4 affordable homes but has made the decision that she would prefer Habitat build these homes for low-income families. In order to construct and sell these units to low-income (80%or below AMI) families we are asking for o` the Land Authority to purchase these lots and to lease the land to Habitat for 99 years (standard lease) with the ability of the tenants at the time of the 99-year lease expiration ability to request another 99- 2 � year lease to maintain affordability. � The Habitat model selects families that fall at or below 8U%Area Median Income levels which is verified via tax statements and paystubs. These families must be residents of the Lower Keys, have stable employment with the ability to pay a mortgage and be willing to partner and provide 350 hours of sweat ' equity volunteer hours. These mortgages are structured at 0% interest for 30 years and generally monthly payments consisting -� of principal, taxes, and insurance are approximately$1,6UU per month. *0+ If a homeowner decides to sell Habitat for Humanity has the first right of refusal and will purchase the home back from the family. Habitat then resells the home to another qualified family thus keeping the zc homes affordable in perpetuity. 0 � Respectfully, Kristina VVe|burn, Executive Director of Habitat for Humanity of Key West and Lower FL Keys. -~ H.2.c Aerial Photograph of Subject Property Block 36, Lot 13; Block 41, Lots 7 and 10; Block 49, Lot 9, Sands Subdivision Big Pine Key m � 47 u m U) ta � m CL 1 U p � p a� CL U r � O Cr e l- CIS CL CL 111� Mr , Packet Pg. 2204