Item F2 F.2
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
April 19, 2023
Agenda Item Number: F2
Agenda Item Summary #11940
BULK ITEM: Yes DEPARTMENT: County Land Acquisition and Land
Management
TIME APPROXIMATE: STAFF CONTACT: Cynthia Guerra(305) 289-2588
9:15 am
AGENDA ITEM WORDING: Approval of Extension of Board-approved purchase agreement of
property, funded by the Community Development Block Grant-Disaster Recovery (CDBG-DR)
Voluntary Home Buyout Program (VHBP) in the amount of$174,000.00.
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. Using those funds, the
County is acquiring property that was damaged by Hurricane Irma under the Voluntary Home
Buyout Program (VHBP). VHBP acquisitions are being made to reduce the impact of future
disasters by acquiring properties that are in high-risk flood.
Under the VHBP, an Agreement for Purchase (Agreement)between the County as buyer and the
seller was approved by the Board on December 7, 2022, with a deadline to close the transaction
within 90 days, or by March 7, 2023, as specified in Paragraph 7 of the Agreement. Paragraph 3.3 of
the Agreement states that the seller acknowledges that the Agreement does not constitute a guarantee
to the commitment of funds or site approval and that such commitment of funds or approval is
subject to conditions, including DEO approval. DEO originally approved the purchase on October
18, 2022,prior to the BOCC approval. However, a delay in processing of this Agreement arose
during a DEO monitoring event that took place in January and February 2023, such that the
transaction was not closed within 90 days per Paragraph 7 of the Agreement. At this time, the
County and the seller wish to extend the Agreement for an additional 90 days in order to close the
transaction no later than June 5, 2023.
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F.2
This item is for approval to extend the Agreement by making the following changes:
A. Paragraph 3.1 is stricken and replaced with the following:
Paragraph 3.1 —Contingencies. Seller(s) shall vacate the property within 99 180 days from the
date of this contract or by the vacancy inspection date, whichever is earlier. If Seller(s) does not
vacate the property, the Buyer shall have the right to void this contract, unless an extension has
been agreed upon, in writing, between Seller(s) and the Buyer. The Property shall be delivered
by Seller(s) at settlement/closing date free of any tenant(s) or occupant(s) and future tenancies.
B. Paragraph 7 is stricken and replaced with the following:
Paragraph 7 - Conveyance Date of Closing/Possession. Conveyance will be made subject to all
easements and covenants of record(provided they do not make the title unmarketable or
prohibits Buyer from its desired use of the property) and to all governmental statutes, ordinances,
rules, and regulations. The Seller(s)'s possession establishing evidence of title including, but not
limited to, abstracts, title commitments, title policies and opinions of title. Seller(s) agrees to
convey by marketable title with a general warranty deed, free of encumbrances. The deed will
be prepared by the Closing Attorney in the name of Monroe County, FL, or as otherwise
stipulated by Buyer, and delivered to stipulated place of closing. Closing Attorney shall be
authorized to disburse the sales proceeds at the time of settlement. This transaction will be
closed on or before 98 180 days of the signing of this contract unless an extension has been
agreed upon between Seller(s) and the Buyer.
The remainder of the terms and conditions of the Agreement remain unchanged by this Amendment,
and continue in full force and effect.
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).
On December 7, 2022, the BOCC approved Resolution 516-2022 which included the approval of the
subject Purchase Agreement, Restrictive Covenant and Moving the Market Rate ROGO to the
Administrative Relief Pool (Agenda Item E.1).
CONTRACT/AGREEMENT CHANGES:
NA
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F.2
STAFF RECOMMENDATION: APPROVAL.
DOCUMENTATION:
00067 Mayor signed Purchase Agreement_Redacted
00067 Extension to Purchase Agreement FINAL_Redacted_CAO
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: $174,000
Total Cost to County: $0
Current Year Portion: NA
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 03/29/2023 1:03 PM
Kelly Dugan Completed 04/03/2023 10:17 AM
Purchasing Completed 04/03/2023 10:23 AM
Budget and Finance Completed 04/03/2023 12:46 PM
Risk Management Completed 04/03/2023 1:43 PM
Lindsey Ballard Completed 04/03/2023 3:45 PM
Board of County Commissioners Pending 04/19/2023 9:00 AM
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VOLUNTARY HOME BUYOUT PROGRAM
shalil also have the right to void this contract if the Buyer's intended use of the property
is a violation of any restrictive covenants on the property that cannot be modified.
3.3 Buyer and Seller(s) acknowledge that this property is being purchased with U, .
Department of Housing and urban Development(HUD)funds that are being allocated
through Florida's Department of Economic Opportunity (DE i) in accordance with the CL
VOILintary Home Buyout Program. the Seller(s) acknowledges that this contract does CL
not constitute a guarantee to the commitment of funds or site approval, and that such
commitment of funds or approval is subject to satisfactory completion of an >
environmental review, DEC approval of the purchase, and Monroe County, FL Board �
of County Commissioner's approval of the purchase, and. The 'Buyer may terminate
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this Agreement at any time if any of the above Contingencies are not met. CL
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3.4 The Seller(s) shall resolve any open code enforcement proceedings prior to closing. U
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4. TRANSACTION COSTS. Buyer's Transaction Costs include the appraisal fee, Buyer's a
attorney fees, deed preparation, title search charges, survey (if required) and title insurance,
owner's policy, inspections, municipal lien search, and all documentary stamp taxes and
recording fees, if applicable. Seller(s)'s Transaction Costs include deed preparation and payoff
fees. Buyer shall be responsible for Buyer's transaction costs and Seller(s)'s transaction costs. 0
Seller(s) shall be responsible for any costs necessary to deliver a marketable title (including
recording of loan and/or lien satisfactions or other fees needed to cure title). If Seller(s) is 0
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represented by a realtor or attorney, the Seller(s) is responsible for all Seller(s)' realtor and CL
attorney fees. Seller(s) shall furnish to Buyer at Closing an affidavit attesting to the absence of
any financing statement, clairns of lien, or potential lienors known to Seller(s).
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REAL ESTATE TAXES. Buyer shall be responsible for the pro-rata share of prepaid real
property taxes, including any special taxes, due at the date of settlement/closing. It shall be
the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at the
date of settlement/closing, whether or not such taxes and assessments are then due and
payable.
. ADJUSTMENTS. NONE.
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T CONVEYANCE DATE OF CLOSING/POSSESSION- Conveyance will be made subject to all
easements and covenants of record (provided they do not make the title unmarketable or gr
prohibits Buyer from its desired use of the property) and to all governmental statutes,
ordinances, rules, and regulations. The Seller(s)expressly agree herein to furnish to the Buyer
any documents in 'Seller(s)'s possession establishing evidence of title including, but not
limited to, abstracts, title commitments„ title policies and opinions of tale. Seller(s) agrees to
convey by marketable title with a general warranty deed,free of encumbrances. The deed willi
be prepared by the Closing ,attorney in the name of Monroe County, FL, or as otherwise
stipulated by Buyer, and delivered to stipulated place of closing. Closing Attorney shall be
authorized to disburse the sales proceeds at the time of settlement. This transaction will be E
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MONROE COUNTY, FLORIDA
fY VOLUNTARY HOMEBUYOUT' PROGRAM
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closed on or before gg days of the signing of this contract unless an extension has been agreed
upon between Seller(s)and the Buyer.
8. FIXTURES AND PERSONAL PROPERTY. At the time of closing/settlement date, this sale �
includes all property,fixtures, equipment and improvements of any kind left on the premises.
Personal property, such as fixtures, can be removed from the property prior to Vacancy
Inspection so long as this removal does not cause health or safety concerns on the premises.
g. EXPIRATION OF OFFER. This offer from Buyer will be withdrawn at 5 o'clock P
(Eastern Time) on Friay, N�ovember 11, 2022, unless accepted or countered by Sellers)
in written form prior to such time. ifSeller(s)requires an extension to the time and date stated
above to accept or counteroffer the offer presented by the Buyer, a written request with U
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reasoning need's to be submitted to and approved by the Buyer prior to the expiration date.
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10. TIME IS OF THE ESSENCE. Time is of the essence with respect to all provisions of this
contract that stipulate a :specific period of time for performance. Failure of Seller(s) to
complete any provision of this contract within the stipulated period of time for completion of
the provision will constitute, where applicable, a default of this contract.
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11. SURVIVAL, If any provision herein contained which by its nature and effect is required to be76
observed, kept or performed after closing, it will survive the closing and remain binding upon
and for the Parties hereto until fully observed kept or performed. CL
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12. ENTICE A FEE 'Et" 1 This agreement„ the Voluntary Transaction Agreement, the
Certificate of Removal of Personal Property and Abandonment, the Subrogation Agreement, �
Right of Entry, 'Hold Harmless and Indemnification Agreement, and Certificate of "vacancy �
Inspection supersedes any and all understandings and agreements between the parties and
constitutes the sole and entire agreement between the parties. No oral agreement or �
representations prior hereto shall be included herein unless set forth in writing. Any change to
this contract shall be in writing.This agreement shall be constructed in accordance with the laws
of the Mate of Florida. It is understood by the parties that this agreement is subject.to Chapter 2,
119, Florida Statute regarding Public Records Laws.
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1 . EFFECTIVE DATE. The effective date of this Agreement shall be that date when the last one of
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the Seller(s) and the Buyer has signed this Agreement.
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6J MONROE COUNTY, FLORIDA
VOLUNTARY HOME Buyour PROGRAM
IN WITNESS WHEREOF, the eller(s), have hereunto signed their names and affixed their
respective seals on the day first above written and therefore the Seller(s)for and in consideration
hereinabove acknowledge as received, have and do hereby grant unto the Buyer or its authorized
representative, or any other office or went of the Buyer authorized to purchase said lands, the 0
option and right to enter into this Agreement and to purchase said lands as herein provided.
Warning: Any person who knowingly makes a false claim or statement to HUD may be
subject to civil or criminal penalties under 13 U.S.C. 287, 1001 and 31 U.S.C. 3729. >
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Signature Date Phone Number a
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Buyer/ COUNTY:TY: C l ROE COUNTY, FLORIDA
ATTEST: Kevin Madok„ CPA, Clerk
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p ' eputy Clerk , Mayor
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M NROE COUNTY ATTORNEY �
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JAMES MO
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F.2.b
AMENDMENT ONE TO AGREEMENT FOR PURCHASE
BETWEEN MONROE COUNTY("BUYER")AND
("SELLER(S)") DATED DECEMBER 7, 2022
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This Amendment("Amendment One") is made and entered into this 191h day of April, 2023 by and
between MONROE COUNTY, a political subdivision of the State of Florida, whose post office
address is 1100 Simonton Street, Suite 205, Key West, Florida, 33040 (hereinafter referred to as
"Buyer" and (herein referred to as "Seller(s)");
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WITNESSETH: M
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WHEREAS, the Agreement for Purchase ("AGREEMENT") between Buyer and Seller(s) 00
was entered into the 7th day of December 2022 with a deadline to close the transaction within 90 0
days, or by March 7, 2023; and, a
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WHEREAS, Paragraph 3.3 of V Agreement states that the Seller(s) acknowledge that the X
Agreement does not constitute a guarantee to the commitment of funds or site approval and that such W
commitment of funds or approval is subject to conditions, including DEO approval; and, 0
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WHEREAS, DEO originally approved the purchase on October 18, 2022,prior to the Board CL
of County Commissioners approval of the Agreement on December 7, 2022; and, <
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WHEREAS, a delay in processing of this Agreement arose during a DEO monitoring event <
that took place in January and February 2023, such that the Agreement was not closed within 90 days
per Paragraph 7 of the Agreement; and,
WHEREAS,the Buyer and Seller(s)wish to extend the Agreement for an additional 90 days. i
NOW THEREFORE, in consideration of the mutual promises contained herein, the
AGREEMENT is amended as follows: i
Section 1. Recitals and Legislative Intent. The Foregoing recitals, findings of fact, and 0
statements of legislative intent are true and correct and are hereby incorporated as if fully stated
herein.
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Section 2. The AGREEMENT is amended as follows: 2-
Paragraph 3.1 is stricken and replaced with the following: 0
Paragraph 3.1 — Contingencies. Seller(s) shall vacate the property within 180 days from the a
date of this contract or by the vacancy inspection date, whichever is earlier. If Seller(s) does X
not vacate the property,the Buyer shall have the right to void this contract,unless an extension W
has been agreed upon, in writing, between Seller(s) and the Buyer. The Property shall be
delivered by Seller(s)at settlement/closing date free of any tenant(s)or occupant(s)and future
tenancies.
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Paragraph 7 is stricken and replaced with the following:
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F.2.b
Paragraph 7 - Conveyance Date of Closing/Possession. Conveyance will be made subject to
all easements and covenants of record (provided they do not make the title unmarketable or
prohibits Buyer from its desired use of the property) and to all governmental statutes,
ordinances, rules, and regulations. The Seller(s)'s possession establishing evidence of title
including, but not limited to, abstracts, title commitments, title policies and opinions of title.
Seller(s) agrees to convey by marketable title with a general warranty deed, free of
encumbrances. The deed will be prepared by the Closing Attorney in the name of Monroe
County, FL, or as otherwise stipulated by Buyer, and delivered to stipulated place of closing.
Closing Attorney shall be authorized to disburse the sales proceeds at the time of settlement. >
This transaction will be closed on or before 180 days of the signing of this contract unless an
extension has been agreed upon between Seller(s) and the Buyer.
The remainder of the terms and conditions of the AGREEMENT remain unchanged by this U
Amendment, and continue in full force and effect.
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IN WITNESS WHEREOF, each party caused this Amendment to the Agreement to be a
executed by its duly authorized representative. U)
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Seller/ 0
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Signature Date Phone Number C,
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Buyer/ COUNTY: MONROE COUNTY, FLORIDA Ui
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Attest: KEVIN MADOK, CPA, Clerk
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By By As Deputy Clerk Craig Cates, Mayors
Date:
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MONROE COUNTY ATTORNEY 2-
APPROVED AS TO FORM
Kelly Dugan oae��o3�,a��s�oo 9 __
KELLY DUGAN U)
ASSISTANT COUNTY X
ATTORNEY W
3/28/23
DATE
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