HomeMy WebLinkAboutItem F2 F.2
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
February 15, 2023
Agenda Item Number: F.2
Agenda Item Summary #11664
BULK ITEM: Yes DEPARTMENT: County Land Acquisition and Land
Management
TIME APPROXIMATE: STAFF CONTACT: Cynthia Guerra(305) 289-2588
N/A
AGENDA ITEM WORDING: Approval of a Resolution granting approval of a purchase
agreement of property pending final DEO approval, funded by the Community Development Block
Grant-Disaster Recovery (CDBG-DR) Voluntary Home Buyout Program (VHBO) in the amount of
$240,000.00, execution of a restrictive covenant running with the land, and moving one (1) Market
Rate - Rate of Growth Ordinance (ROGO) Exemption from the acquired property to the
Administrative Relief pool for market rate allocation(s).
ITEM BACKGROUND:
NOTE: Consistent with State Statute 119.071(5)(f)(1.)(b), staff has omitted/redacted the
homeowner's names, address and other identifying information as adopted during the 2020
legislative session. This statute provides an exemption from public records requirements for
personal identifying information for the purpose of disaster recovery assistance. Properties proposed
for acquisition by the Voluntary Home Buyout Program were affected by Hurricane Irma in 2017.
The Department of Economic Opportunity (DEO) awarded Monroe County $15 million in CDBG-
DR funding, via Subrecipient Agreement I0092, to acquire Irma-damaged properties in low to
moderate income areas or from households with low to moderate income. The State established
Rebuild Florida Voluntary Home Buyout Program Guidelines (attached) and the County adopted
priority scoring in Resolution 56-2021 (attached)to assist with program implementation.
With the assistance of Tetra Tech, the consultant retained to assist in program administration, the
County is acquiring property that was damaged by Hurricane Irma. The acquisition is being made to
reduce the impact of future disasters by acquiring properties that are in high-risk flood areas. The
Subrecipient Agreement requires the County to restrict VHBP acquired properties to uses stated in
the County's grant application. The application included Resolution 224-2019 which stated the
county's intention was to deed-restrict the properties in perpetuity to open space uses, storm water
improvements or to restore and conserve the natural floodplain functions. The property owner has
agreed to sell the property for the price of$240,000.00. The purchase price is based on an appraisal
completed pursuant to the program's requirements. The property owner has also agreed to surrender
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all development rights or ROGOs vested in the property. DEO has reviewed and provided approval
of the acquisition per the terms of the Subrecipient(grant) Agreement. The redacted Purchase
Agreement and Restrictive Covenant are attached.
Monroe County has identified 1 ROGO exemption on the property. Upon adoption of this
resolution, the Planning and Environmental Resources Department shall move one (1) Market Rate
ROGO Exemption into the ROGO Administrative Relief pool for market rate allocations.
The seller is being evaluated to determine if they are eligible for an additional financial incentive
award provided under the CDBG-DR program for assistance in securing replacement housing in the
County. The assistance is to help retain an area's population as well as to assist property owners to
relocate to lower risk flood prone areas. If the seller is ultimately eligible for the incentive award,
that award will be brought back for BOCC approval prior to disbursement.
PREVIOUS RELEVANT BOCC ACTION:
On July 22, 2019, the BOCC approved the CDBG-DR VHBP grant application to DEO (Agenda
Item B.1).
On May 20, 2020, the BOCC approved Resolution 150-2020 allowing the county to execute the
CDBG-DR VHBP Subrecipient Agreement with DEO (Agenda Item D.2).
On February 17, 2021, the BOCC approved Resolution 56-2021 updating the local program
prioritization criteria for the Voluntary Home Buyout Program (Agenda Item D.5).
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: APPROVAL.
DOCUMENTATION:
DEO Voluntary Home Buyout Program Guidelines
Resolution 056-2021 Final approved -Updating County Criteria
00060 resolution for VHBP purchase covenant and Adm R Pool Redacted
00060 Signed Purchase Agreement_Redacted
00060 Restrictive VHBP Covenant Redacted
FINANCIAL IMPACT:
Effective Date: Effective upon execution by Monroe County and closing of real estate transaction
Expiration Date: NA
Total Dollar Value of Purchase Agreement: $240,000
Total Cost to County: $0
Current Year Portion: NA
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Budgeted: No
Source of Funds: CDBG-DR Voluntary Home Buyout Program
CPI: NA
Indirect Costs: NA
Estimated Ongoing Costs Not Included in above dollar amounts: NA
Revenue Producing: NA If yes, amount:
Grant: $ 15 Million CDBG-DR Voluntary Home Buyout Program Grant
County Match: $ 0
Insurance Required: NA
Additional Details: NA
REVIEWED BY:
Christine Hurley Completed 01/20/2023 8:09 AM
Kelly Dugan Completed 01/30/2023 2:50 PM
Cynthia Guerra Completed 01/31/2023 3:22 PM
Purchasing Completed 01/31/2023 3:25 PM
Budget and Finance Completed 01/31/2023 3:27 PM
Risk Management Completed 01/31/2023 3:31 PM
Lindsey Ballard Completed 01/31/2023 3:38 PM
Board of County Commissioners Pending 02/15/2023 9:00 AM
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RESOLUTION NO. 056 -2021 0
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIOINERS OF MONROE COUNTY, FLORIDA,
PROVIDING FOR THE MONROE COUNTY VOLUNTARY
HOME BUYOUT LOCAL PROGRAM PRIORITIZATION
CRITERIA FOR SELECTION OF PROPERTIES INTERESTED U
IN THE VOLUNTARY HOME BUYOUT PROGRAM UTILIZING
COMMUNITY DEVELOPMENT BLOCK GRANT - DISASTER
RECOVERY FUNDING AND UPDATING AND REPLACING
RESOLUTION 224-2019.
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WHEREAS, Hurricane Irma impacted the Florida Keys in September 10, 2017 destroying or
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majorly damaging over 4000 residential structures in Monroe County severely augmenting the
workforce housing crises; and >
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WHEREAS, The Department of Economic Opportunity (DEO) developed a Community o
Development Block Grant - Disaster Recovery (CDBG-DR) Action Plan that detailed how the
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State will administer the funds statewide. The Action Plan allocated$15 Million for the Voluntary
Home Buyout Program (VHBP) for the unincorporated portions of Monroe County; and
WHEREAS, the purpose of Rebuild Florida's CDBG-DR Voluntary Home Buyout Program
is to acquire properties that are in high-risk flood areas to help reduce the impact of future disasters,
and to assist property owners to relocate to less risk prone areas. These funds will support property U
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acquisition, structure demolition and conversion of the land to open space or storm water
improvements that alleviate flooding. The property must be deed-restricted in perpetuity to open CL
space uses or to restore and/or conserve the natural floodplain functions; and
WHEREAS the program specifies prioritization criteria which must be implemented within
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each jurisdiction in compliance with CDBG-DR regulations; and
WHEREAS, the County may develop additional local prioritization criteria in order to fairly
and equitably prioritize homeowners for the voluntary home buyout program while focusing on CN
the program's purpose to reduce community risk; and
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WHEREAS,the County adopted Resolution 224-2019 on August 21,2019 providing the local
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prioritization criteria for selection of properties interested in the VHBP; and
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WHEREAS, this resolution seeks to update and replace Resolution 224-2019 to provide
additional prioritization criteria to allow for 5 points (pts) for primary residences of the property
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owner/applicant and to provide clarification under Section 1. eligibility criteria to provide that o
tenant occupied homes will not be eligible;
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA AS FOLLOWS:
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Section 1. To be eligible for consideration by Monroe County for volunteer home buyout, the
applicant must be: 2
1. The owner of the property. (A tenant in a rental property is not eligible.)
2. The owner must not have tenants in the property at the time of application submission
and throughout the VHBP application process to remain eligible. (Properties that are
tenant occupied are not eligible).
3. The owner must be willing to relinquish all development rights to the property,
including but not limited to allocations granted under the County's Rate of Growth
Ordinance(ROGO).
Section 2. The proposed Monroe County point allocation criteria is as follows: 0
1. 5 pts for homes that were substantially damaged as a result of Hurricane Irma;
2. 5 pts for homes that are located in the V Zone as designated by the Federal
Emergency Management Agency;
3. 5 pts for repetitive loss structures as designated by the National Flood Insurance
Program;
4. 10 pts for severe repetitive loss structures as designated by the National Flood
Insurance Program; U
5. 5 pts for high probability of sea level rise inundation on the property or roads adjacent
to the property as that inundation data correlates to the map series as accepted by the c0
Monroe County Board of County Commissioners and incorporated into the County's
GreenKeys Plan Technical Appendix C.The County may consider other such data
that is appropriate and useful to determine inundation; and
5. 5 pts for when the home was the property ownerlapplicant(s)' primary residence at
the time of Hurricane Irma. Primary residency will be based upon homestead status
with the Monroe County Property Appraiser.
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Section 3.This resolution will be effective on February 17, 2021 and updates and replacesCL
Resolution 224-2019.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, CN
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Florida, at a regular meeting of said Board held on the 17th day of February 2021.
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Mayor Michelle Coldiron, District 2 Yes
Mayor Pro Tern David Rice, District 4 Yes
Commissioner Craig Cates, District 1 YCs
Commissioner Eddie Martinez, District 3 Yes
Commissioner Mike Forster, District 5 Yes
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�•,�o• A EVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
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As Deputy Clerk Mayor 2
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MONROE COUNTY ATTORNEY
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CNRISTINE LIM BERT-HARROW S
ASSISTANT LIN��T��YryryATTORNEY
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RESOLUTION NO. -2023
A RESOLUTION OF THE BOARD OF COUNTY 0
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
GRANTING APPROVAL OF A PURCHASE AGREEMENT OF
PROPERTY FUNDED BY THE COMMUNITY DEVELOPMENT
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BLOCK GRANT—DISASTER RECOVERY VOLUNTARY HOME
BUYOUT PROGRAM, APPROVING EXECUTION OF A
RESTRICTIVE COVENANT RUNNING WITH THE LAND, AND
APPROVING THE MOVEMENT OF A MARKET RATE ROGO
EXEMPTION FROM THE PROPERTY TO THE
ADMINISTRATIVE RELIEF POOL FOR MARKET RATECL
ALLOCATIONS. >
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WHEREAS, Hurricane Irma impacted the Florida Keys on September 10, 2017 destroying or
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majorly damaging over 4,000 residential structures in Monroe County; and
WHEREAS, The Department of Economic Opportunity (DEO) developed a Community
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Development Block Grant - Disaster Recovery (CDBG-DR) Action Plan that detailed how the
State will administer the funds statewide. The Action Plan allocated funding for the Voluntary 6
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Home Buyout Program (VHBP) for the unincorporated portions of Monroe County. The County
was awarded $15 Million in funding; and
WHEREAS, the County adopted Resolution 1 SO-2020 to accept and execute the VHBP
Subrecipient Agreement for the CDBG-DR funding on May 20, 2020, which was amended by an
Amendment to the VHBP Subrecipient Agreement approved on March 17, 2021; and
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WHEREAS, the purpose of Rebuild Florida's CDBG-DR Voluntary Home Buyout Program u
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is to acquire properties that are in high-risk flood areas to help reduce the impact of future disasters,
and to assist property owners to relocate to less risk prone areas. The Subrecipient Agreement CL
requires the County to restrict VHBP acquired properties to uses stated in the County's grant
application. The application included Resolution 224-2019 which stated the county's intention 0
was to deed-restrict the properties in perpetuity to open space uses, storm water improvements or 2
to restore and conserve the natural floodplain functions. This deed-restriction is provided for in a 0
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"Declaration of Restrictive Covenant Running with the Land and Declaration of Restriction on
Future Development"; and
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WHEREAS, Monroe County is acquiring property through the VHBP for a purchase price of
$240,000.00. This acquisition has been reviewed and approved by DEO per the terms of the
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Subrecipient Agreement; and 0
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WHEREAS, Monroe County has one (1)ROGO Exemption on the property; and
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WHEREAS,said one(1)market rate ROGO Exemption are not needed for the redevelopment
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of the site; and
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WHEREAS, the BOCC is moving one (1) market rate ROGO Exemption to the
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Administrative Relief pool for market rate allocations.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Recitals and Legislative Intent: The foregoing recitals and statements of
legislative intent are true and correct and are hereby incorporated as if fully stated
herein.
Section 2. This resolution shall become effective upon its adoption by the Monroe County 0
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Board of County Commissioners.
Section 3. This resolution authorizes the Mayor to execute the Purchase Agreement attached
hereto as Exhibit A.
Section 4. The resolution authorizes the Mayor to execute the Declaration of Restrictive
Covenant Running with the Land and Declaration of Restriction on Future 0
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Development, attached hereto as Exhibit B. U)
Section 4. The resolution authorizes the Monroe County Planning Department to move one
(1) market rate ROGO Exemptions to the Administrative Relief pool for market
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rate allocation. ROGO Exemption attached hereto as Exhibit C. >
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 15th day of February 2023.
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Mayor Craig Cates, District 1
Mayor Pro Tem Holly Merrill Raschein, District 5
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Commissioner Michelle Lincoln, District 2
Commissioner James K. Scholl, District 3
Commissioner David Rice, District 4
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Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA >
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By: By:
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As Deputy Clerk Craig Cates, Mayor C.
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MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
/s/ 1Kdllly I , IDu.ugwi
Kelly Dugan
ASSISTANT COUNTY ATTORNEY 0
Date: 1/why/23
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Exhibit A
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Purchase Agreement
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Redacted pursuant to Fla. Stat. 119.071
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Exhibit B U)
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Restrictive Covenant
Redacted pursuant to Fla. Stat. 119.071
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Exhibit C
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ROGO Exemption Letter >
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Redacted pursuant to Fla. Stat. 119.071 0
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MONROE Co m ,,FLORnDA
VOLUNTARY HOME BUYOUT PROGRAM
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AGREEMENT FOR PURCHASE
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This AGREEMENT made this, � day of' 20�23,
by, and between �
Monroe County, a polt ul �wull dlwrlu tonic of the Sate of Flotilla, whose mat office address �
Is , in after to as "" iu ye ''
auradl (hereiruatter referred to'aus'" I Ws 'j:
1I. OFFER,AND DES_ I �I !veer buy,, i r(s s to sell all of a certain
piece, r l or lot
land,, an for all of the lands and other interests,, buildings, structures
and improvernents,thereon, which lands shall Include all tenements, Ihelrettitaroents" together
with ti tuures' a'nd Personal (Properly (as described below),, all water and other rights, U
easements,, appurtenances, and anyall of the S ll r(s)," fights in! or arising byson of
ownership thereuunto belonging,owned by them,situate and lying in,tlrue Monroe County, State U
of e (which "llll collectively to as
'PropFlorida, ortis follows,
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LEGAL DESCRIPTION,
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Seller(s)mu) must refinquishall developiment/building rights to the property including but not
limited to any and ail allocations legally existing or granted uniderthe MONROE C t l TY"s
ORDINANCERATE OF GROWTH ( Seller(s) agree that they have full right,
power, and authority to convey, andl that they will convey to the Buyer the tee simple title �
together with legal and practical access o clear, ftee,and unencumbered, subject to the
follovAng easements or reservations for canals, cfdches, flumes, pipelines, railroads, luc 2
highways s and roads„ telephone, telegraph" power tr°alasmiissiorw lines and public utilities. aL
2. The purchase price for ft Property and improvementsabove descdibed
is j2&2jffl2A to be paid at,closing, minus any outstarxiiiVhens or assessments which are
due and payable at the date of settlement.
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� VOLUNTARY How,BUYOUTTRC)GRAM
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3. CONTINGENCIES.
31.1 Seller(s) shall vaicate the propertyin 90 days from the date of this contract or by
the vacancy inspection I er is earlier. If Seller(s) does, not vacate the �
property, the Buyer shall have the right to, thiscont unless an extension II°aaa �
h upon, in writing, between Seller(s)and the Buyer, The Propertyshall
defiv l (a) at settlement/closing date free of any tenant(s) or occupant(s)
and futuretenancies,
12 Buyer shall have access to
Property a t to perform any and aill inspections
on the Property up until day of ai t date. If Buyer's inspections are, not >
satisfactory to the Buyer, the Buyer shall have right to void this contract,tract. I Buyer c)
a call also have ht to void this conftact if theBuyer's intended use of the property
is a violation of any restrictive covenants o t cannot be modified.
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3.3 Bus er and S ll r( ) acknowledge that this is being purchasedwith, 1 , .
Department of Housing and Urbanto rut(HUD), a that are beingallocated
through h Florida's Department f oo i o (' )in accordanceIt e
Voluntary VoIuntary Home Buyout Pmgrarn, The S lller(a)acknowledges that this contractdoes �
not constitute a guarantee to the commftent of funds,or site approval, and that s uclh �
commitment of funds or approval is subject to satisfactory completion of an
environmental review, DEO approval of the purchase, and Monroe, County, FL Board >
of County Commissioner's approval of the purchase, and. The Buyer may terminate 0
this Agreement at any firne N any of the above Confingencies are not met.
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3A The I r( )shalll l e any open code enforcement proceedings prior to closing. CL
TRANSACTION T Buyer's Transaction Costs inc appraisal f Buyer's
attorney a preparation, We survey ( required) and tide insurance!, �
owner's policy, inspecfions, municipal Iieru search, and aIII documentary r mp taxes and �
recording fees, Napplicable, Selleqa)°e Transaction Costs include deed preparation ainid payoff
fees. Buyer shall be responsible for a transaction costs and Selleqs,)'s transaction costs,
Seller(s) shall be responsib4efor any costs necessary to deliver a marlteltable title (including
recordingloan and1or lien satisfactions or other fees needed to cure title). If SelllerO i �
represented by, a reaftor or attorney, the Seller(s) is responsible for all WIler(a)` reattor and �
attomey fees, Seller(s)shall i to Buyer at Closingan affidavft aftest,ing to ft absence of
any financing statement,, claims of fi X, or potential lienors known to r(e).
Buyer shall sip r t to a of i al a�
protaxes,, including,. anyspeciM taxes, due: f seftlement1closing. It shall be
the obligation of the Seller(s) to pay all taxes and assessments outstanding as Iieoa at the
date of settlernent/closing, Whether or not such taxes and assessments are their due and
payable.
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MONROE COUNTY,FLoR1DA
VOLUNTARY HOME BUYOUT PROGRAM
CONVEYANCE I nveyance will be made, subject to all
easemients and covenants, o not make the We unmarketable or
prohibits Buyer -s desiredall governmental statutes,
ordinances, rules, and regulations. The Seller(s) expressly agrees herein to furnish to the �
Oyer any documents, in Seller(s)'sn establishing evidence of title including, but
not limited to,abstracts,title commitments, title policies �n i " ns of tft-Seller(s)agrees
to convey by marketable Me witha general warranty deed, free of encumbraince& The deed �
will he prepared by the Closing Attorney in the name of Monroe County, FL,,or as othenMse �
stipluilated by Buyer, and delivered to stipulated place of closing. sing Attorney s call be
authorized to disburse the salles. proceeds at Ste time of settlement.. This transaction mill he �
clo on or e*ning of this contractunless anextension;,has been agreed
upon betweenSeller(s)and the Buyer, U
t the time lesln the eunt date„ this sale
includes all equipmient and improvernenft of any kiindonthe premises. �
Personal propel, such as fixtures, can be removed from the property, Iphor to Vacancy
Inspection so,long s is oval does not cause heaNhor safety conoerns,on the premises.
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(Eastern i on2023, accepted or,countered by SelllerQs
in mitten f rrrr prior to sir thne. It Sellers)requires an extension to the timeand date stated >
above to t orcounteroffer the r pryer, written request with 0
reasoning needs to be submitted to and approvedBuyer prior to the expiration ate.
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10.TIME IS OF THE ESSENgL Time is of the essence with respect to all provisions of thisCL
contract that stipulate a specific ri time for performance. FailureofSeller(s) to
co pl to any provision of this contract within the sUpulated perrodof time r completion of
the provision 'll constitute, where pplilrabIle, a delauft of this contract.
11 §jLRy1_V.AL If ny provisioln herein contained which nature andis required to be
observed, kept or,performed after closinig, it will survive the dosing and remain Minding, upon
and for the Parties hereto unfil fully observed kept or performed. E
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12.E ry l f. "I. This agreement, the VoluntaryTransaction Agreement, the �
Certificate I of Personal Property and Abandonment, the Subrogation Agreement, a�
(Right of Entry, Hold Harmless and Indemnification Agreement,, and Certificate of Vacancy �
inspection supersedes anyall understandings andn rties and
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constitutes and entire agreement betwew the parties. No oral! agreement or
representations,prior hereto shall included in n t in ° ,n . y change to
this contract shall in writing. This agreement l be constructed in accordance with,thle laws
of the Mate of Florida. It is understood)by the partLes that this agreement is subject to Chapter
119, Florida Statuteregarding Public Records,
13.EFFECTIVE effectiveAgreement sha.fl be that date when to last one of
the Seller(s) m e Buyer has signed this Agreement
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VOLUNYARY ROME BUYOUT PROGRAM
ORIDA
IN ES F, the Seller(s) hereunto signed it names and affixedtheir
respective ie on the day first therefore the Seller(s)for and in consideration
hereinabove acknomdedge ale received, have and do hereby grant unto the Buyer or its e ' e
representative, or any, other office or agente Buyer authorized to purchase saidlands, the
option and right to enteir into,this i e le t and to purchase said lands as herein provided. �
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Warning: it statement to HUD may be
Subject to civill or criminal penali under IS U.S.C. U.S.C. 31729. a�
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Buyer/
ATTEST:COUNW MONROE COUNTY, FLORIDA
Kevin Madiok, C
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By-
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As Deputy Clerk CraigCates, Mayor
(Seal,) cs
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Date;
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
/s/ 1Kdllly I , Dugan
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KELLY' DUGAN
ASSISTANT COUNTY ATTORNEY
Date-, 1/30/23
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Return to:
The Law Office of Anthony J.Ba,rrows
540 Ke 0
y Deer Blvd 0
Big P'ime Key,FL 33043 0
305-872-1050
----------------------- Space Above this Line for Recording --------------------------—-—-—-
DECLARATION OF RESTRICTIVE COVEN ANT RUNNING WITHTHE, LAND
AND DECLARATION OF RESTRICTION ON FUTURE DEVELOPMENT 0
This Declaration of Restrictive Covenant is executed as of the th day of _, 2023 (the
"Effective Date"), by Monroe Counity, a political suibdivision of the State of Florida, whose post
office adch-ess is 1 10O Simonton Street, Suite 205, Key West, FL 33040t , in reference to the
Property("'Property") known as: >
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conveyed by the Deed between participating in a federally assisted acquisition project CL
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("Grantor"), and Monroe County, ("Grantee"), its successors and assigns-
WHEREAS, Hurricane -h-ma impacted the Florida Keys on September 10, 2017, destroying or
inajorly damaging over 4,0 O residential structures in Monroe County; and
WHEREAS,in response to the impacts statewide of Ifurricane Irma, the Department of Economic
Opportunity (DEO) developed a Courn-iturity Development Block Grant - Disaster Recovery
(CDBG-DR) Action Plan that detailed how the State will administer the funds statewide. The 0
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Action Plan includes, the 1\1oluntary Home Buyout P'rograin(VHBP)which was,created to acquire
properties that are in bigli-risk flood areas, to reduce the 1,111pact of future disasters,, and to assist
property owners to relocate to less risk prone areas; and, >
WHEREAS, Monroe County was awarded $15, Million in CDBG-DR firtiding for the creation .2
and implementation of a VFMP for unincorporated portions of the Comity. 'The County adopted U)
Resolution 150-2020 to accept and execute the VffBP IC EO Subrecipient Agreement for the
CDBG-DR ftinding on May 20, 2020, which was amended by all Amendment to the 'HBP
Su brecipient Agreenientapproved on March 17, 2021, making the Cotuiqra 'HIP grantee- and
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WHEREAS, the Subrecipient Agreement requires the County to restrict VHBP acquired
properties to uses stated in the County's grant application. The application included Resolution
224-2019 which stated the county's intention was to deed-restrict the properties in perpetuity to
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open space uses, storm water improvements or to restore and conserve the natural floodplain
functions; and
NOW, THEREFORE, this DECLARATION is made from and after the Effective Date and
subject to the following terms and conditions:
1. Terms. Pursuant to the terms of the Subrecipient Agreement I0092 dated June 4, 2020, the
following conditions and restrictions shall apply in perpetuity to the Property described in
the attached deed and acquired by the Grantee pursuant to CDBG-DR requirements
concerning the acquisition of the Property:
a. Compatible uses. The Property shall be dedicated and maintained in
perpetuity to open space uses, storm water improvements or to restore and U
conserve the natural floodplain functions.
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b. Structures. Construction of new structures is only allowed where: U)
i. A public building is open on all sides and functionally related to a
designated open space use.;
ii. The structure is a public rest room; or
iii. The structure is compatible with the uses proposed included in
paragraph l.a., and has DEO approval in writing before the
construction of the structure begins.
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Any new structures built on the Property according to the subparagraph b. 0
above will be elevated or flood-proofed to the Base Flood Elevation (BFE)
plus two foot of freeboard as defined in the Federal Register 24 CFR CL
CL
55.2(b)(10), or as amended and defined in the Federal Register, and meet <
applicable requirements of the National Flood Insurance Program (NFIP)
floodplain management regulations or local codes.
C. Disaster Assistance and Flood Insurance. After settlement, no federal
disaster assistance for any purpose from any federal source, nor flood
insurance payments will be made with respect to the Property,and no person
or entity shall seek such amounts.
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d. Transfer. The subrecipient must obtain the approval of DEO before
conveying ownership (fee title) of the Property to another public agency or >
qualified conservation organization.Property transfer to private citizens and
corporations will not be approved. All development rights in the form of a i
conservation easement on the property must be conveyed to the U)
conservation organization or retained by the subrecipient or other public
entity.
2. Enforcement. The subrecipient must accept responsibility for monitoring and enforcing
this deed restriction and/or easement.
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F.2.e
3. Amendment. This agreement may be amended upon signatures of DEO and the Grantee
only to the extent that such amendment does not affect the fundamental and statutory
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purposes underlying the agreement.
4. Severability. Should any provision of this grant or the application thereof to any person or
circumstance be found to be invalid or unenforceable, the rest and remainder of the
provisions of this grant and their application shall not be affected and shall remain valid
and enforceable.
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IN WITNESS WHEREOF,the undersigned has caused this DECLARATION to be signed by its
duly authorized representatives, as of the day and year first above written.
Grantee/ COUNTY: MONROE COUNTY, FLORIDA >
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ATTEST: Kevin Madok, CPA, Clerk
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By:
As Deputy Clerk Craig Cates, Mayor
(Seal)
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MONROE COUNTY ATTORNEY 4-
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Date: APPROVED AS TO FORM
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/s/ 1Kdllly IDu.uga i
KELLY DUGAN
ASSISTANT COUNTY ATTORNEY
Date: 1/why/23
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