Item G13 G.13
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
January 18, 2023
Agenda Item Number: G.13
Agenda Item Summary #11512
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180
9:25 A.M. Land Authority
AGENDA ITEM WORDING: Approval of a resolution authorizing the conveyance of real
property located at Block 2, Lot 1, Sam-N-Joe Subdivision, 190 Sands Road, RE# 00300180-
000100; Block 2, Lot 2, Sam-N-Joe Subdivision, 180 Sands Road, RE400300180-000200; Block 2,
Lot 17, Sam-N-Joe Subdivision, 170 Sands Road, RE# 00300180-001700; and Block 2, Lot 18,
Sam-N-Joe Subdivision, 160 Sands Road RE# 00300180-001800 on Big Pine Key for the Monroe
County Employee Housing Rental Program (MCEHRP) to Monroe County, subject to a Land Use
Restriction Agreement(LURA).
ITEM BACKGROUND: These 4 lots were acquired in August, 2022 as part of a larger 13 lot
acquisition. They were designated as being acquired for affordable workforce housing.
They are located adjacent to the Seahorse Cottage development being completed by Rural
Neighborhoods.
The Board of County Commissioners budgeted funding to develop the sites for use in the Monroe
County Employee Housing Rental Program (MCEHRP).
ADVISORY COMMITTEE ACTION: On December 14, 2022 the Committee voted 4/0 to
recommend approval of the resolution.
PREVIOUS RELEVANT GOVERNING BOARD ACTION:
8/17/22 — Governing Board approved purchasing 13 lots, 4 of which were suitable for affordable
housing development
8/17/22 — Governing Board leased 4 lots to Seahorse Cottages Big Pine Key, LLC for construction
staging
11/15/22 — Governing Board directed staff to convey property to Monroe County for use in the
Monroe County Employee Housing Rental Program (MCEHRP)
CONTRACT/AGREEMENT CHANGES:
Packet Pg. 1997
G.13
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Proposed Resolution
Aerial Photograph
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
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:
Christine Hurley Completed 12/16/2022 12:47 PM
Dina Gambuzza Completed 12/16/2022 5:03 PM
Lindsey Ballard Completed 12/19/2022 10:17 AM
Board of County Commissioners Pending 01/18/2023 9:00 AM
Packet Pg. 1998
G.13.a
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING
THE CONVEYANCE OF REAL PROPERTY LOCATED AT
BLOCK 2, LOT 1, SAM-N-JOE SUBDIVISION, 190 SANDS
ROAD, RE# 00300180-000100; BLOCK; 2, LOT 2,
SAM-N-JOE SUBDIVISION, 180 SANDS ROAD, RE#
00300180-000200; BLOCK 2, LOT 17, SAM-N-JOE
SUBDIVISION, 170 SANDS ROAD, RE# 00300180-001700;
AND BLOCK 2, LOT 18, SAM-N-JOE SUBDIVISION, 160
SANDS ROAD, RE# 00300180-001800 ON BIG PINE KEY
FOR THE MONROE COUNTY EMPLOYEE HOUSING
RENTAL PROGRAM (MCEHRP) TO MONROE COUNTY,
SUBJECT TO A LAND USE RESTRICTION AGREEMENT
(LURA).
c�
WHEREAS, Section 380.0666 Florida Statutes, empowers the Monroe County 0
Comprehensive Plan Land Authority (hereinafter "Land Authority") to acquire real U
00
property with the provision found in 380.0666(3)(a). To provide affordable housing to
families whose income does not exceed 160 percent of median family income for the
area"; and
It-
U)
0
WHEREAS, the Land Authority acquired Block 2, Lot 1, Sam-N-Joe Subdivision
190 Sands Road, RE# 00300180-000100; Block 2, Lot 2, Sam-N-Joe Subdivision, 180 `4
Sands Road, RE# 00300180-000200; Block 2, Lot 17, Sam-N-Joe Subdivision, 170
Sands Road, RE# 00300180-001700; and Block 2, Lot 18, Sam-N-Joe Subdivision, 160
Sands Road, RE# 00300180-001800 on Big Pine Key (hereinafter "Subject Property")
as four affordable housing sites; and
0
WHEREAS, the County adopted Resolution accepting the transfer the
Subject Property; and
0
0.
WHEREAS, the Land Authority Advisory Committee considered this resolution on 0
December 14, 2022 and voted 4/0 to recommend approval;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY THAT:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. The Land Authority is authorized to convey the Subject Property to the
County subject to the Land Use Restriction Agreement (LURA) shown in Attachment "A"
Page 1 of 2
Packet Pg. 1999
G.13.a
restricting use of the Site to affordable housing in accordance with Section 380.0666
(3)(a), Florida Statutes.
Section 3. 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 2023.
U)
Commissioner Craig Cates 0
Commissioner Michelle Lincoln
Commissioner James Scholl
Commissioner Holly Raschein
Chairman David Rice
(Seal)
0
U)
ATTEST: MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
0
Christine Hurley David P. Rice 00
U
Executive Director Chairman
c1
T-
U)
Approved as to form and legality 0
Ci
c�
Gregory Oropeza, Esquire
0
U)
U)
0
CL
0
LM
CL
Page 2 of 2
Packet Pg. 2000
Attachment "A" G.13.a
THIS INSTRUMENT PREPARED
BY AND RETURN TO:
Gregory S.Oropeza,Esq.
Oropeza,Stones,&Cardenas,PLLC
221 Simonton Street
Key West,FL 33040
U)
0
LAND USE RESTRICTION AGREEMENT
BLOCK 2, LOT 1, SAM-N-JOE SUBDIVISION, 190 SANDS ROAD, RE# 00300180- 0
000100; BLOCK 2, LOT 2, SAM-N-JOE SUBDIVISION, 180 SANDS ROAD, RE#
00300180-000200; BLOCK 2, LOT 17, SAM-N-JOE SUBDIVISION, 170 SANDS ROAD;
RE# 00300180-001700; AND BLOCK 2, LOT 18, SAM-N-JOE SUBDIVISION, 160
SANDS ROAD, RE# 00300180-001800 ON BIG PINE KEY
THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made
and entered into as of the day of 20 , 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 0
County Ordinance No. 031-1986 (hereinafter "Land Authority"), and their respective successors 00
and assigns.
c1
RECITALS
0
A. The four 4 lots subject to this Agreement are described as Block 2 Lot 1 Sam-J g C
N-Joe Subdivision, 190 Sands Road, RE# 00300180-000100; Block 2, Lot 2, Sam-N-Joe
Subdivision, 180 Sands Road, RE# 00300180-000200; Block 2, Lot 17, Sam-N-Joe Subdivision,
170 Sands Road,RE#00300180-001700; and Block 2,Lot 18, Sam-N-Joe Subdivision, 160 Sands
Road, RE# 00300180-001800 (hereinafter "Subject Property") on Big Pine Key, Florida. The
Subject Property is more particularly described in Exhibit "A" attached hereto and incorporated 2
0
herein.
B. The Land Authority purchased the Subject Property as affordable housing sites.
0
0.
C. In accordance with Land Authority Resolution No, the Land
Authority has conveyed the property to the County.
D. The Monroe County Board of County Commissioners adopted Resolution No. E
accepting the Land Authority's transfer of the Subject Property to Monroe County
for development as Monroe County Affordable Employee Rental Housing.
E. As a condition of receiving the Subject Property from the Land Authority, the
County has agreed that the Subject Property shall comply with the affordable housing
requirements specified herein.
Page 1 of 6
Packet Pg. 2001
G.13.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
COMPLIANCE WITH LAND AUTHORITY REQUIREMENTS
U)
In order to comply with the Land Authority's requirements pursuant to Section 0
380.0663(1), et seq.,Florida Statutes and Monroe County Ordinance No. 031-1986, County hereby
covenants and agrees as follows:
0
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, its successors, or assigns.
1.02 Use of the Subject Property shall be restricted to the provision of affordable housing for 0
families or households whose income does not exceed 160% of the Area Median Income.
Nothing herein shall preclude the County or any other entity providing affordable housing
on the Subject Property from setting more restrictive income limits than those imposed by
this Agreement.
0
1.03 The County is responsible for ensuring compliance with the restrictions in this Article I U
00
and expressly agrees to furnish, upon the Land Authority's request, written certification
thereof.
T-
ARTICLE II
CONSIDERATION
Ci
In addition to other purposes,the Land Authority has conveyed title to the Subject Property
to the County as an inducement to the County to restrict use of the Subject Property to affordable °0
housing in perpetuity. In consideration of said Land Authority conveyance for the foregoing
purposes, the County and the Land Authority have entered into this Agreement.
0
U)
ARTICLE III
RELIANCE
U)
0
In performing its duties hereunder, the Land Authority may rely upon statements and 0
certificates of the County, its tenants, and the residents of the Subject Property believed to be 0-
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. E
c�
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
Packet Pg. 2002
G.13.a
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 U)
default remains uncured for a period of thirty (30)days after written notice thereof shall have been X
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. U)
a�
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 U
00
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.
C
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 0
remedies.
ARTICLE VIII 0
0.
NOTICE AND EFFECT
4i
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 E
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
Packet Pg. 2003
G.13.a
Land Authority: Monroe County Land Authority
1200 Truman Avenue, Suite 207
Key West, FL 33040
Attention: Executive Director
County: Monroe County X
1100 Simonton Street 2
Key West, FL 33040
Attention: County Administrator 0
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.
U
00
ARTICLE IX
MISCELLANEOUS
c1
V-
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
C
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.
0
U)
U)
0
CL
0
LM
CL
c�
Page 4 of 6
Packet Pg. 2004
G.13.a
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
BLOCK 2, LOT 1, SAM-N-JOE SUBDIVISION, 190 SANDS ROAD, RE# 00300180-
000100; BLOCK 2, LOT 2, SAM-N-JOE SUBDIVISION, 180 SANDS ROAD, RE#
00300180-000200; BLOCK 2, LOT 17, SAM-N-JOE SUBDIVISION, 170 SANDS ROAD;
RE# 00300180-001700; AND BLOCK 2, LOT 18, SAM-N-JOE SUBDIVISION, 160
SANDS ROAD, RE# 00300180-001800 ON BIG PINE KEY
0
IN WITNESS WHEREOF, County and Land Authority have caused this Agreement to 2
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
0
Print:
c�
By:
Mayor Craig Cates
Print: 0
U
00
Address: 1100 Simonton Street
Key West, Florida 33040
c1
T-
Approved as to form and legality
Ci
c�
Robert Shillinger, Esq.
STATE OF FLORIDA
COUNTY OF MONROE 0
The foregoing instrument was acknowledged before me by means of physical presence this
day of 20_by Craig Cates as Mayor of Monroe County. Said person 0
is personally known to me or has produced a valid driver's license as identification. 0
0-
Notary Public; State of Florida E
Print Name:
My Commission Expires:
My Commission No.:
Page 5 of 6
Packet Pg. 2005
G.13.a
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
BLOCK 2, LOT 1, SAM-N-JOE SUBDIVISION, 190 SANDS ROAD, RE# 00300180-
000100; BLOCK 2, LOT 2, SAM-N-JOE SUBDIVISION, 180 SANDS ROAD, RE#
00300180-000200; BLOCK 2, LOT 17, SAM-N-JOE SUBDIVISION, 170 SANDS ROAD;
RE# 00300180-001700; AND BLOCK 2, LOT 18, SAM-N-JOE SUBDIVISION, 160
SANDS ROAD, RE# 00300180-001800 ON BIG PINE KEY 0
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 U)
Print:
c�
By:
David P. Rice, Chairman
Print: 0
Address: 1200 Truman Avenue, Suite 207 U
®0
Key West, FL 33040
Approved as to form and legality [SEAL]
0
Gregory S. Oropeza, Esq. `4
c�
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by means of physical presence 0
this day of 1 20_ by David P. Rice, as Chairman of the MONROE 0
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 0
Authority. Said person is personally known to me or has produced a valid driver's license as 0
identification.
Notary Public; State of Florida E
Print Name:
My Commission Expires:
My Commission No.:
Page 6 of 6
Packet Pg. 2006
G.13.a
EXHIBIT A
Parcel 1: 00300180-000100
Lot 1, Block 2, Sam-N-Joe Subdivision, according to the map or plat thereof, as
recorded in Plat Book 3, Page(s) 76, of the Public Records of Monroe County,
Florida.
Parcel 2: 00300180-000200 0
Lot 2, Block 2, Sam-N-Joe Subdivision, according to the map or plat thereof, as
recorded in Plat Book 3, Page(s) 76, of the Public Records of Monroe County,
Florida. 0
Parcel 3: 00300180-001700
Lot 17, Block 2, Sam-N-Joe Subdivision, according to the map or plat thereof, as
recorded in Plat Book 3, Page(s) 76, of the Public Records of Monroe County,
Florida.
c�
Parcel 4: 00300180-001800
Lot 18, Block 2, Sam-N-Joe Subdivision, according to the map or plat thereof, as
recorded in Plat Book 3, Page(s) 76, of the Public Records of Monroe County,
00
Florida.
c1
V-
w
0
C
-119
c�
0
0.
0
c�
Packet Pg. 2007
G.13.b
Aerial Photograph of Subject Property
Block 2, Lots 1, 2, 17, and 18, Sam-N-Joe Subdivision
Big Pine Key
l i
J
e
r
o
M
d _
4
� y �
i
c�
i
U
00
no
0
I
D
C'J
I i
i
a.+
T
�. C,
CL
o
i a�a
a
N
J
i
Vul 4
d
M
u=
G1...
n�.
a
r
� lil i
l
p � '
o
Packet Pg. 2008