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Item I07 1.7 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: I.7 Agenda Item Summary #11192 BULK ITEM: No DEPARTMENT: Land Authority Governing Board TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180 9:25 A.M. AGENDA ITEM WORDING: Approval of a resolution authorizing the purchase of Block 36, Lot 13; Block 41, Lots 7 and 10; and Block 49, Lot 9, Sands Subdivision on Big Pine Key for affordable housing and authorizing the conveyance of the property to Monroe County subject to a Land Use Restriction Agreement(LURA) ITEM BACKGROUND: This acquisition is proposed to provide 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 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 Packet Pg. 2649 1.7 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. The estimated closing costs for this transaction are listed in the agenda documentation. 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. ADVISORY COMMITTEE ACTION: On October 5, 2022 the Advisory Committee voted 4/0 to recommend approval of this resolution. PREVIOUS RELEVANT GOVERNING BOARD ACTION: None CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Proposed Resolution with LURA Attached 11192 Cost Sheet Request Letter from Habitat for Humanity Aerial Photograph Purchase Agreement FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: N/A Total Cost to County: Current Year Portion: Budgeted: Packet Pg. 2650 1.7 Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Mark Rosch Completed 10/04/2022 3:36 PM Lindsey Ballard Completed 10/04/2022 3:43 PM Board of County Commissioners Pending 10/19/2022 9:00 AM Packet Pg. 2651 1.7.a C RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING THE PURCHASE OF BLOCK 36, LOT 13; BLOCK 41, LOTS 7 AND LOT 10; AND BLOCK 49, LOT 9, SANDS SUBDIVISION ON BIG PINE KEY FOR AFFORDABLE HOUSING; AND AUTHORIZING THE CONVEYANCE OF THE PROPERTY TO MONROE COUNTY SUBJECT TO A LAND USE RESTRICTION AGREEMENT (LURA). 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 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, the County adopted Resolution XXXX-XX nominating the Subject Property for purchase by the Authority; and WHEREAS, purchase of the subject property for affordable housing is consistent with It- the policies of the County's Comprehensive Plan and Land Development Regulations; and c� 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. WHEREAS, the Land Authority Advisory Committee considered this resolution on October 5, 2022 and voted 4/0 to recommend approval; U) NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY THAT: CL 0 Section 1. The above recitals are true and correct and incorporated herein. Section 2. The Authority is hereby authorized to purchase the Subject Property for the purchase price of$468,000 for the County. Page 1 of 2 Packet Pg. 2652 1.7.a C 0 Section 3. Once the Subject Property has been acquired, the Authority is hereby authorized to convey the Subject Property to the County subject to the Land Use Restriction Agreement (LURA) shown in Attachment "A" restricting use of the Subject Property to affordable housing in accordance with Section 380.0666(3)(a), Florida Statutes. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this day of 2022. Commissioner Craig Cates Commissioner Michelle Coldiron Commissioner James Scholl Commissioner Holly Raschein Chairman David Rice 0 U) (Seal) ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY 0 Christine Hurley David P. Rice Executive Director Chairman N 0) T- T- Approved as to form and legality c� Gregory Oropeza, Esquire n 0 U) U) 0 0. 0 Page 2 of 2 Packet Pg. 2653 1.7.a ATTACHMENT"A" THIS INSTRUMENT PREPARED BY AND RETURN TO: y Gregory S.Oropeza,Esq. Oropeza,Stones,&Cardenas,PLLC 221 Simonton Street 'L3 Key West,FL 33040 U) U) 0 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 31142 Avenue F; 31371 Avenue F; 31372 Avenue G; and 31250 Avenue I 4- 0 Parcel ID# 00305070-000000; 00305850-000000; 00305880-000000; and 00307000-000000 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 and assigns. 2 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. C. The Land Authority has adopted Resolution authorizing purchase of 0 the Subject Property. D. As a condition of Land Authority purchasing the Subject Property, County has U) agreed that the Subject Property shall only be used consistent with Florida Statutes 380.0666(3)(a) 0 for affordable housing and shall be leased to Habitat for Humanity of Key West and the Lower Keys. c� Page 1 of 6 Packet Pg. 2654 1.7.a C NOW, THEREFORE, in consideration of the mutual covenants and undertakings set .2 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: U) ARTICLE I COMPLIANCE WITH LAND AUTHORITY REQUIREMENTS n In order to comply with the Land Authority's requirements pursuant to section 380.0663(l), etseq.,Florida Statutes and Monroe County Ordinance No. 031-1986, County hereby covenants and agrees as follows: U, 0 1.01 The restrictions contained in this Article I shall not expire, shall run with the Subject 0 Property in perpetuity and shall be binding upon County. 1.02 Use of the Subject Property shall be restricted to affordable housing. 4- 1.03 County is responsible for ensuring compliance with the restrictions in this Article I and 0 expressly agrees to furnish, upon the Land Authority's request, written certification thereof. 2- ARTICLE II CONSIDERATION The Land Authority has paid over $468,000 to purchase the Subject Property for the 2 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. N 0) ARTICLE III T- RELIANCE c� 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 0 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. ARTICLE V U) ENFORCEMENT 0 0 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 E c� Page 2 of 6 Packet Pg. 2655 1.7.a C default remains uncured for a period of thirty (30)days after written notice thereof shall have been `2 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 U) 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 E 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. 4- 6.02 This Agreement and the covenants contained herein shall run with the land and 0 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. 2- ARTICLE VII GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the 2 State of Florida, with respect to both substantive rights and with respect to procedures and 2 remedies. ARTICLE VIII NOTICE AND EFFECT V- 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. 2 0 U) Land Authority: Monroe County Land Authority U) 1200 Truman Avenue, Suite 207 0 Key West, FL 33040 Attention: Executive Director a� c� Page 3 of 6 Packet Pg. 2656 1.7.a a County: Monroe County .2 1100 Simonton St Key West, FL 33040 Attention: County Administrator Monroe County Office of County Attorney n 1111 12th Street E Suite 408 Key West, FL 33040 Attention: County Attorney 0 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 0 0) 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 2- 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. 2 0 U) c� V- V- c� 0 U) U) 0 CL 0 LM CL c� Page 4 of 6 Packet Pg. 2657 1.7.a C COUNTERPART SIGNATURE PAGE TO . LAND USE RESTRICTION AGREEMENT Four Parcels in Sands Subdivision on Big Pine Key W 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 W 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. 0 WITNESSES: Monroe County 4- 0 Print: By: Mayor David P. Rice Print: d Address: 1100 Simonton Street Key West, Florida 33040 ~� Approved as to form and legality 0 U) cN 0) Robert Shillinger, 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 Mayor of Monroe County. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida 0 Print Name: My Commission Expires: My Commission No.: U) 0. 0 E c� Page 5 of 6 Packet Pg. 2658 1.7.a C 0 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 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 0 first set forth above. a� Z WITNESSES: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY 4- 0 Print: By: David P. Rice, Chairman 2- Print: Address: 1200 Truman Avenue, Suite 207 Key West, FL 33040 Approved as to form and legality [SEAL] 0 U) Gregory S. Oropeza, Esq. cN 0) STATE OF FLORIDA T- COUNTY OF MONROE c� 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. Notary Public; State of Florida 0 Print Name: My Commission Expires: My Commission No.: U) 0. 0 E c� Page 6 of 6 Packet Pg. 2659 1.7.b PURCHASE CONTRACT 10/19/22 Purchase Appraisals/ Title Fees& Attorney Recording Total Property Price Survey Insurance Fee Fee Costs LL 4 lots in Sands Subdivision $468,000.00 $2,495.00 $2,890.00 $475.00 $35.50 $473,895.50 Big Pine Key Seller: Conch Republic Housing Alliances LLC 0 a 0 ,A U) U) 0 U) 0 Z 0 4- 0 0 U) CL 0 2 0 U) U) 0 U E Packet Pg. 2660 � � _ �� for H �� Habftat �� N��=�=�=�== �� . � �� m� � N �N ,� � �� nn� �� m n�� n*ey's September8 ZUZZ ~' ' .� Christine Hurley, Executive Director 1� _ Monroe County Land Authority the Florida Keys Ms. Hurley, � J= This letter is a response to your request for a written request for our proposed partnership for the properties at3114Z Avenue F, 31371 Avenue F, 31372 Avenue G and 31250Avenue | on Big Pine Key. Our Habitat for Humanity affiliate has been approached by the owner of the property, Maggie � Whitcomb of Conch Republic Housing A||iance LLC to' ' 4- 0 lots. Her original intention was to build 4affordab|e 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 AM|) families we are asking forCL � 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- 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 vvi||in8 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. � If homeowner decides to sell Habitat for Humanity has the first right of refusal and will purchase the *0+ home back from the family. Habitat then resells the home to another qualified family thus keeping the homes affordable in perpetuity. � Respectfully, 0 - 4- Kristina VVe|burn, Executive Director of Habitat for Humanity of Key West and Lower FL Keys. 1.7.d 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 � i r v I r n F r) pip CL L t n r w r r I �. r a G� a Packet Pg. 2662 1.7.e AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this day of 2022, by and between Conch Republic Housing Alliance LLC, also known as Conch Republic Housing Alliance, LLC 0 (hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and a assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter "Land Authority") acting by and through the Executive Director of the LAND AUTHORITY. WITNESSETH: U) 1. In consideration of Ten Dollars ($10.00) in hand, paid by the LAND AUTHORITY, the receipt of which is hereby acknowledged, the Seller(s) agree to sell to the LAND AUTHORITY certain lands upon the terms and conditions hereinafter set forth, and for the price of $468,000.00 for all of the lands and other interests, which lands shall include all tenements, hereditaments, together with all 2 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 County of Monroe, State of Florida, more particularly described as follows; to-wit: 4 lots on Big Pine Key more particularly described in Exhibit A. 0 2. The Seller(s) agree that they have full right, power and authority to convey, and that they will convey to the LAND AUTHORITY the fee simple title together with legal and practical access thereto clear, free and unencumbered, except subject to the following easements or reservations: 0 0 U) Existing easements for canals, ditches, flumes, pipelines, railroads, public highways and roads, telephone, telegraph, power transmission lines and public utilities. The LAND AUTHORITY, at the LAND AUTHORITY'S expense, within the time allowed to deliver evidence of title and to examine same, may have the real property surveyed and certified by a registered Florida surveyor. If the survey discloses encroachments on the real property or that improvements located thereon encroach on setback lines, easements, lands of others, or violate 2 any restrictions, contract covenants, or applicable governmental regulations, the same shall constitute a title defect. Seller(s) shall convey a marketable title subject only to the aforementioned liens, encumbrances, exceptions or qualification set forth herein. Marketable title shall be determined according to applicable title standards adopted by authority of the Florida Bar and in accordance with law. The LAND AUTHORITY shall have sixty (60) days from the Effective Date in which to examine title. If title is found defective, the LAND AUTHORITY shall, within this specified time period, notify Seller(s) in writing specifying defect(s). If the defect(s) render title unmarketable the Seller(s) will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s). The Seller(s) will use reasonable diligent effort to correct defect(s) in title within the time provided therefore, failing which the LAND AUTHORITY shall have the option of either accepting the title as it then is or rescinding the Agreement herein. 3. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or title to said lands may be diminished or encumbered while this Agreement is pending. It is further agreed that any loss or damage occurring prior to the vesting of satisfactory title in the LAND 1 Packet Pg. 2663 1.7.e AUTHORITY by reasons of the unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the Seller(s); and that, in the event any such loss or damage occurs, the LAND AUTHORITY may, without liability, refuse to accept conveyance of said lands. 4. The Seller(s) further agree that during the period covered by this instrument officers and accredited agents of the LAND AUTHORITY shall have at all reasonable times the unrestricted right and privilege to enter upon said lands for all proper and lawful purposes, including examination of said lands and the resources upon them. The Seller(s) hereby waive their rights to any and all claims against the LAND AUTHORITY, Monroe County, or the State of Florida associated with, or arising from ownership of, said lands and this waiver shall survive closing. 5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the LAND AUTHORITY a good and sufficient special deed of warranty conveying to the LAND AUTHORITY a marketable title to the said lands of such character as to be satisfactory to the legal counsel of a the LAND AUTHORITY and said deed shall provide that the use, occupation and operation of the rights-of-way, easements and reservations retained therein, shall be subordinate to and subject to such rules and regulations as may be prescribed by the LAND AUTHORITY governing the use, occupation, protection and administration of lands. 6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and other interests at the price of $468,000.00. The LAND AUTHORITY further agrees that, after the preparation, execution, and delivery of the deed, and after the legal counsel of the LAND AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will cause to be paid to the Seller(s) the purchase price. The LAND AUTHORITY shall pay the following expenses associated with the conveyance of the property: deed recording fees, settlement fees, abstract fees, title examination fees, the Buyer's attorney's fees, and title insurance, as well as the prorata share of prepaid real property taxes allocable to the period subsequent to the vesting of 0 title in the LAND AUTHORITY, or the effective date of possession of such real property by the same, whichever is earlier. The Seller(s) shall pay the expenses of documentary stamps to be affixed to the deed and real estate commissions, if any. Full possession of the premises shall pass to the LAND AUTHORITY as of the date payment is made to the Seller(s) subject only to the reservations stated in Section 2 above. 7. It is mutually agreed that an abstract, title insurance policy or other evidence of title to the property herein contracted to be sold, satisfactory to the legal counsel of the LAND AUTHORITY will be 2 obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to furnish to the LAND AUTHORITY 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. 8. It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at the date title vests of record in the LAND AUTHORITY, whether or not such taxes and assessments are then due and payable. Notwithstanding the foregoing, the Seller(s) shall not be responsible for paying any future annual payments toward the Monroe County Wastewater Cudjoe Outer Islands assessment which are not due and payable as of 2022. c� 9. It is mutually understood and agreed that notice of acceptance of this Agreement shall be given to the Seller(s) by email to the address provided by the Seller(s) or by mail addressed to the Seller(s) at the following address: PO Box 420385 Summerland Key, FL 33042 2 Packet Pg. 2664 1.7.e and shall be effective upon date of mailing and shall be binding upon all of the Seller(s) without sending a separate notice to each, except as such obligation may be affected by the provisions of paragraph 6 hereof. 2 10. The property shall be delivered at closing free of any tenant or occupancy whatsoever. 11. The effective date of this Agreement (hereinafter "Effective Date") shall be that date when the last one of the Seller(s) and the LAND AUTHORITY has signed this Agreement. 0 a 0 12. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until September 23, 2022 A to sign and return this Agreement to the LAND AUTHORITY. This Agreement may be executed in counterparts. Notwithstanding any provision of this Agreement to the contrary, the closing of this transaction is contingent upon approval by the Advisory Committee and Governing Board of the LAND AUTHORITY, and shall close 10 days after such approval, failing which either party may U' terminate this Agreement at any time thereafter by providing written notice, in which case the parties acknowledge that each shall be released of all further obligations under this Agreement. U) IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective 2 seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the LAND AUTHORITY or its authorized representative, or any other office or agent of the LAND AUTHORITY authorized to purchase said lands, the option and right to enter into this Agreement for Purchase within sixty (60) days from the execution thereof by the Seller(s). Seller/ Conch Republic Housing Alliance LLC, also known as Conch Republic Housing Alliance, LLC By: Margaret Whitcomb, Manager c� Signature Date Phone Number Email Address Seller/ Richard W. Whitcomb, Manager Signature Date Phone Number Email Address The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its EXECUTIVE DIRECTOR in accordance with Resolution 03-2016, has executed this Agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of E , 2022. MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (Seal) c� Christine Hurley, Executive Director E c� 3 Packet Pg. 2665 1.7.e EXHIBIT A 2 Parcel ID Block Lot Subdivision Street Address 00305070-000000 36 13 Sands Subdivision (PB 1-65) 31142 Avenue F 00305850-000000 41 7 Sands Subdivision (PB 1-65) 31371 Avenue F 00305880-000000 41 10 Sands Subdivision (PB 1-65) 31372 Avenue G 00307000-000000 49 9 Sands Subdivision (PB 1-65) 31250 Avenue I c� c� E c� Packet Pg. 2666