Item F3 F.3
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: F.3
Agenda Item Summary #11941
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.3
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 90 180 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 90 180 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 517-2022 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.2).
CONTRACT/AGREEMENT CHANGES:
NA
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F.3
STAFF RECOMMENDATION: APPROVAL.
DOCUMENTATION:
00068 Mayor signed Purchase Agreement_Redacted
00068 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 10:18 AM
Purchasing Completed 04/03/2023 10:24 AM
Budget and Finance Completed 04/03/2023 12:45 PM
Risk Management Completed 04/03/2023 1:43 PM
Lindsey Ballard Completed 04/03/2023 3:46 PM
Board of County Commissioners Pending 04/19/2023 9:00 AM
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3.2 l uyer shall have access to Property and time right to perfainirn any and all inspections
on the rol. y up until day of closing/settlement ate. If Buyer's inspections are not
satisfactory to timeBuyer', time Buyer shall have the right to void this contract. (Buyer
shall also have time right to void this contract if time Buyer's intended use of time property
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is a violation of any restrictive coveinants on time property that cannot be modified.
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: .3 Buyer and Seller(s) acknowledge that this Property is being orcha d with U.S. >
Department artrmment of Housing and Urban Development(I IUD)fonds that are being allocated
through Florida's Department of E., norrmlc Opportunity ( E ) in accordanc e with the
oluntary Horne Buyout Program. TheSeller(s) acknowledges that this contract does CL
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not constitute a guarantee to time commitment of funds or site approval, and that such M
commitment of funds or approval is subject to satisfactory completion of an U
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environmental review, DEO approval of ttwe orclma „ amwd I onroe Courity, FL Boat
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of County Commissionees approval of the purchase, and. TI°me Buyer may terminate -
this reemmmermt at any tlrne if any of the above Contingencies are riot met. a
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. ..l,.lheSeller(s) shall resolve any open code enfor .,,i mment pro ,�„ in s prior to closing.
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I: I TI f COSTS, Buyer's wl,,.uraansa Wtlon Costs include time appralsalG f Buyers 0
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attorney fees, deed preIl:mration, We ,.arc*m charges, survey (if required) and We lnsuran ,.„
o anew policy, inspecfions, municipal lien search, and all docurnentairy stamp taxes and
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racording fees„ if applicable. ller(s)„s Transaction Costs include deed preparation and payoff CL
fees. (Buyer shall be. responsible four°Buyer's transaction m s and eller(s)'s transaction costs.
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 We). IfSeller(s) is
represented by a realtor or attorrmey„ timeSeller(s) is responsible for all elller(s)„ realtor and
attorney f s. Seller(s) shall f 'mmmisfm to Buyer at Closing an affidavit It attesting to the absence'. of
any financiriig statement, clalrmms of lien„ or potential Ilenors known to eller(s).
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. REAL ESTATE I'AXES. Buyer shall be responsible for timepro-rata share of prepaid areal
property taxes„ including any special taxes, due at time date of settlernelumt/closln . It sfmalGl Ibe
the obligation of time Seller(s) to flay all taxes and assessments outstanding as Iliiens at time
date of seftlement/closing, whether or riot such taxes and asseSSIFTients are tfinerm dense and
payable.
. ADJUSTMENTS.NTS...lll' E.
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. CONVEYANCE DATE OF CL 0SING/POSSIESSION. Conveyance will be mmmade subject to all
easernents and covenants of mcord (provided ey do not make the We unmarketable or
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prohibits Buyer from its desired use of time property) and to all govemmental statutes„
ordinances„ rules„and regulations.The Seller(s)expressly agree herein to fumnlsh to time Buyer
any documents In eller(s)„s I possession estabfishing evidence of title including„ but not
limited to, abstracts, title commitments, title policies allrmd of lrmlons of title. Sellers) agrees to
cone b Ilrnalm eta le title with a general warrantydeed,f of encurnbrarm s. 'fie deed willbe �
convey '
pared by the Closing Attorney In the name of Monroe County, F1,,,,.�or as otherwise
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1�1;J. 1" .11 . HOME BU . 11D'II."PROGRAM
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stipulated by Buyer, and delivered to stipulated t pla .- of closing. Closing Attorney shaaH be
authorized to disbuirse the sales s at the tlrrme of scnttlernermt. Th Ls transaction will be
closest on or before 90 days of ttie signing of this contract unless any extension has be en agreed
upon betw „o- nm Seller(s) and time Buyer.
. 1::::jXTURES AND Il lERSOp 1.. PROPERTY. t throe tirmme of closlrrgfsettlermmermt elate, this sale >
la a pr cles all piroperty4 fixtures, equipment and improvements of:any 1kind left on the premmpses.
such as rm pro removed from the property prior to Vacancy 0-
InspPersonal 1°n rpoo loan #as gals removaln does wa
s not cause health or safety concerns on time premises. CL
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g. EXP1 .,,.0 1,,,,' al,,:�1R. .� misfr f m Buyer ieithra � at o'clock l:m............ .
Eastern -rirmme omen "m°1 a 11 o �inimr 1 unless aa, �, ted or unm�tere by Seller(s)) ,,,,,,,,,,,,,,,,,,,,,,,, ,im m„ ,,,,,,,,,,,,,,,,
in ar teirm form prior to such tI of ellem�s)requires an e termsion to the time and state stated
above asormmrmg ne s to be r ubirnitte�l to a al�lll roe ply throe Buyer°p m r�t the xration � wte. m E
written
" expiration elate.
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10.TIME E IS OF T1"°-'I.E �;;...., SE.1 E. Time is of the essence.. with reset to all provisions of this
onmtra t that stipulate a spedific pie- do of time for performance. 1°:::'al1amre of Sellers) to 0
complete any provision of this coritract within time stlpmnlate I period of time for completion of
time provision vAll constitute, where applicable, a defauft of this contract. CL
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11.observed,SURVIVAL-lmet or erfolslorm herein airolosiFr it will surviveed"ich 1ny its mmatmre army eff �t is regmnlrerl 1!:0 e
y o n ,. ill or time closing and remain binding upon
and for the Parties hereto until full p emftmnn
12. -r[RE AGREEMENT' "Nils ag r u ,� the Voluntary "f"rarmsa tlomm gr,,, nneirmt, thei
g ,; _,._... and Abandonment,nrrment, theSubrogation Agreement,
Right of Entry, It I°°larmmrmlss and Indenmm
Certificate to of Removal of Personal Iro�, �r
urmlattlomm Agreernent, and Certificate of Vacalincy
Mspectlorm supersedes any and all un erslarm anm,gs and agreermmermts between time parties and
institutes time sole and entire agi mmmme rot between the parties, No oral agreement or
representations prior hereto shall be included incAuded herein unless set fomtlm in writing. Pviy change to
this contract s1°41 Ix in writing."mis agreemerst shall be constructed in a .cordammm e with time laws �
of the State of Florida. It is uridemtood by the parfies that tames agrewnerit Is subject,to Chapter
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1't g, Rorirta Statute regarding u lic Recxxds Ill...a .
13. EE'p 1.m°,GTI E [,)ATE. The effective rate of ffiis Agreement slmaH be that mate when the last one of
time Seller(s) and throe Buyer,has sigried this Agreement.
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VOLUNTARY HOME BUYOUT PROGRAM
MONROE COUNTY,, FLORIDA
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their
respective seals on the day fiat 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 agent of the Buyer authorized to purchase said lands, the
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 18 U.S.C. 287, 1001 and 31 U.S.C. 3729.
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Seller/ U
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Signature Bate Phone Dumber
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Signature Date Phone Number76
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Buyer/ COUNTY- MONROE COUNTY, FLORIDA
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ATTEST: Kevin Madok, CPS;, Clerk
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JAMS OLENAAR
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Date:
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F.3.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 the Agreement states that the Seller(s) acknowledge that the
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
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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.3.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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Signature Date Phone Number Ui
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Buyer/ COUNTY: MONROE COUNTY, FLORIDA
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Attest: KEVIN MADOK, CPA, Clerk
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By: By:
As Deputy Clerk Craig Cates, Mayor
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Date:
MONROE COUNTY ATTORNEY 0
APPROVED AS TO FORM
Kelly Dugan aezoz3o3za,z,=6�o0 9 _s
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KELLY DUGAN
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ASSISTANT COUNTY
ATTORNEY
3/28/23
DATE
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