Resolution 040-2023 RESOLUTION NO. 040-2023
A RESOLUTION OF THE MONROE COUNTY
COMMISSIONERS ACCEPTING THE CONVEYANCE OF
OWNERSHIP FROM THE MONROE COUNTY LAND
AUTHORITY, OF A MARKET RATE, RATE OF GROWTH
ORDINANCE (ROGO) EXEMPTION FROM BLOCK 3, LOT 15,
BIG PINE KEY, INC. SUBDIVISION, 148 PALMETTO
AVENUE, RE#00256790-000000 ON BIG PINE KEY FOR
REDEVELOPMENT IN THE MONROE COUNTY EMPLOYEE
HOUSING RENTAL PROGRAM (MCEHRP) ON BLOCK 2,
LOT 1, SAM-N-JOE SUBDIVISION, 190 SANDS ROAD, RE#
00300180-000100, CONTINGENT UPON APPROVAL BY THE
COUNTY OF A MINOR CONDITIONAL USE TRANSFERRING
THE MARKET RATE ROGO AS AN AFFORDABLE ROGO
EXEMPTION FOR USE, SUBJECT TO A LAND USE
RESTRICTION AGREEMENT (LURA).
WHEREAS, Section 380.0666 Florida Statutes, empowers the Monroe County
Comprehensive Plan Land Authority (hereinafter "Land Authority") to acquire real
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
WHEREAS, the Land Authority acquired Block 3, Lot 15, Big Pine Key, Inc.
Subdivision, 148 Palmetto Avenue, RE#00256790-000000 on Big Pine Key (hereinafter
"subject property") together with one Rate of Growth Ordinance (ROGO) exemption, as
evidenced by a ROGO Exemption Letter, dated February 22, 2018 under Planning
Department File #2018-R029; and
WHEREAS, the Land Authority adopted Resolution 05-2023 that approved
transfer of a ROGO exemption from the subject property to Block 2, Lot 1, Sam-N-Joe
Subdivision, 190 Sands Road, RE# 00300180-000100 for use in the Monroe
County Employee Housing Rental Program (MCEHRP), to be used consistent with
Section 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
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 Board of County Commissioners accept the ROGO exemption from the
Subject Property to be transferred by the County through the Minor Conditional Use
process to Block 2, Lot 1, Sam-N-Joe Subdivision, 190 Sands Road, RE#
00300180-000100 for use in the Monroe County Employee Housing Rental Program
(MCEHRP), subject to the Land Use Restriction Agreement (LURA) approved for a
larger group of lots being conveyed from the Land Authority to the County including:
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 shown in Attachment "A" restricting use of the Site to affordable housing in
accordance with Section 380.0666 (3)(a), Florida Statutes.
Section 3. Nothing in this Resolution shall restrict the County in using the ROGO
Exemption for a lower income category.
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the Monroe County Board of County Commissioners at a
regular meeting on this 18th day of January 2023.
Mayor Craig Cates Yes
Mayor Pro Tem Holly Merrill Raschein Yes
Commissioner Michelle Lincoln Yes
Commissioner James Scholl Yes
Commissioner David Rice Yes
BOARD OF COUN COMMISSIONERS
Y, r OF MONROE C � TY, FLOC iA
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� BY:
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ic,v � z- Mayor Craig Cates
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rd*�.��A -S t KEVIN MADOK, CLERK
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By: d� . ..
As Deputy lerk
Digitally signed by Robert ,",{1 -
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Approved as to form and legal sufficiency - '
Robert B. Shillinger, Monroe CountyAttorney `. -�►_ `'
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Attachment "A"
THIS INSTRUMENT PREPARED
BY AND RETURN TO:
Gregory S.Oropeza,Esq.
Oropeza,Stones,&Cardenas,PLLC
221 Simonton Street
Key West,FL 33040
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
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
County Ordinance No. 031-1986 (hereinafter "Land Authority"), and their respective successors
and assigns.
RECITALS
A. The four (4) lots subject to this Agreement are described as 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 (hereinafter "Subject Property") on Big Pine Key, Florida. The
Subject Property is more particularly described in Exhibit "A" attached hereto and incorporated
herein.
B. The Land Authority purchased the Subject Property as affordable housing sites.
C. In accordance with Land Authority Resolution No, 05-2023 the Land
Authority has conveyed the property to the County.
D. The Monroe County Board of County Commissioners adopted Resolution No.
040-2023 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
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
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:
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
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.
1.03 The 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 conveyed title to the Subject Property
to the County as an inducement to the County to restrict use of the Subject Property to affordable
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.
ARTICLE III
RELIANCE
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
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 Street
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
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
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
Print:
By:
Mayor Craig Cates
Print:
Address: 1100 Simonton Street
Key West, Florida 33040
Approved as to form and legality
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 Craig Cates 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
Print Name:
My Commission Expires:
My Commission No.:
Page 5 of 6
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
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
Print:
By:
David P. Rice, Chairman
Print:
Address: 1200 Truman Avenue, Suite 207
Key West, FL 33040
Approved as to form and legality [SEAL]
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.
Notary Public; State of Florida
Print Name:
My Commission Expires:
My Commission No.:
Page 6 of 6
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
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.
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.
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,
Florida.