Item F5 F.5
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.5
Agenda Item Summary #11943
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$825,000.00.
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 January 18, 2023, with a deadline to close the transaction
within 90 days, or by April 18, 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
19, 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 July 17, 2023.
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F.5
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 January 18, 2023 the BOCC approved Resolution 41-2023 which included the approval of the
subject Purchase Agreement, Restrictive Covenant and Moving the Market Rate ROGO to the
Administrative Relief Pool (Agenda Item F.3.).
CONTRACT/AGREEMENT CHANGES:
NA
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F.5
STAFF RECOMMENDATION: APPROVAL.
DOCUMENTATION:
00070 Mayor Signed Purchase Agreement_Redacted
00070 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: $825,000
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 10:26 AM
Budget and Finance Completed 04/03/2023 12:44 PM
Risk Management Completed 04/03/2023 1:42 PM
Lindsey Ballard Completed 04/03/2023 3:47 PM
Board of County Commissioners Pending 04/19/2023 9:00 AM
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F.5.a
MONROE COUNTY FLORIDA
VOLUNTARY HOME BUYOUT PROGRAM
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AGREEMENT FOR PURCHASE
This AGREEMENT made this 18th ....._ day of January r 2023 , by and isr
between Monroe County, a political subdivision of the State of Florida, whose post office
address is 1100 Simonton Street, Suite 205, Key West, FL 33040 (hereinafter referred to as
"Buyer") and (hereinafter referred to as"Seller(s)"): 2-
1 OFFER AND DESCRIPTION. Buyer agrees to buy, and Seller(s) agrees to sell all of a certain
piece, parcel or lot of land, and for all of the lands and other interests, buildings, structures >
and improvements thereon, which lands shall include all tenements, hereditaments, together
with fixtures and Personal Property (as described below), all water and other rights,
easements, appurtenances, and any and all of the Seller(s)' rights in or arising by reason of CL
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ownership thereunto belonging,owned by them,situate and lying in the Monroe County,State M
of Florida, more particularly described as follows (which will be Collectively referred to as U
"Property'); to wit: U
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LEGAL DESCRIPTION: 0
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RE NUMBER:
Seller(s) must relinquish all development/building rights to the property including but not
limited to any and all allocations legally existing or granted under the MONROE COUNTY's
RATE OF GROWTH ORDINANCE (ROGO). The Seller(s) agree that they have full right,
power, and authority to convey, and that they will convey to the Buyer the fee simple title
together with legal and practical access thereto clear,free and unencumbered, subject to the
following easements or reservations for: canals, ditches, flumes, pipelines, railroads, public
highways and roads,telephone, telegraph, power transmission lines and public utilities.
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F.5.a
MONROE COUNTY FLORIDA
�,ro VOLUNTARY HOME BUYOUT PROGRAM
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2- CONSIDERATION,The purchase price for the Property and improvements above described
is to be paid at closing, minus any outstanding liens or assessments which are
due and payable at the date of settlement.
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3. CONTINGENCIES.
3.1 Seller(s) shall vacate the property within 90 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 0
been agreed upon, in writing, between Seller(s) and the Buyer. The Property shall be CL
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delivered by Seller(s) at settlement/closing date free of any tenant(s) or occupant(s)
and future tenancies. U
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3.2 Buyer shall have access to Property and the right to perform any and all inspections 0
on the Property up until day of closing/settlement date. If Buyer's inspections are not
satisfactory to the Buyer, the Buyer shall have the right to void this contract. Buyer U)
shall 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.
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3.3 Buyer and Seller(s) acknowledge that this Property is being purchased with U.S.
Department of Housing and Urban Development (HUD) funds that are being allocated CL
through Florida's Department of Economic Opportunity (DEO) in accordance with the CL
Voluntary Home Buyout Program. The Seller(s)acknowledges that this contract does
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, DEO approval of the purchase, and Monroe County, FL Board
of County Commissioner's approval of the purchase, and. The Buyer may terminate i
this Agreement at any time if any of the above Contingencies are not met.
3.4 The Seller(s)shall resolve any open code enforcement proceedings prior to closing.
y CO Buyer's Transaction Costs include the appraisal fee, Buyer's
4 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.
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
represented by a realtor or attorney, the Seller(s) is responsible for all Seller(s)' realtor and
attomey fees. Seller(s) shall fumish to Buyer at Closing an affidavit attesting to the absence of
any financing statement, claims of lien, or potential iienors known to Seller(s).
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F.5.a
ONROE COUNTY.,FLORIDA
VOLUNTARY HOME BUYOUT PROGRAM
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5. 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 settlementiclosing, whether or not such taxes and assessments are then due and
payable.
6. ADJUSTMENTS NONE.
CQ,,,, CLOSING/POSSESSION. Conveyance will be made subject to all
7. NVEYANE PATE OF ,,,,
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, CL
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ordinances,rules,and regulations.The Seller(s)expressly agree herein to famish to the Buyer
any documents in Seller(s)'s possession establishing evidence of title including, but not U
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 0
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 days of the signing of this contract unless an extension has been agreed
upon between Seller(s)and the Buyer_
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8. FIXTURES AND PERSONAL„PROPERTY,.,At the time of closinglsettlement date, this sale 76
includes all property,fixtures, equipment and improvements of any kind left on the premises. 0-
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.
9. PRE3PE2TY ,QLDw",q Lpm",. Seller hereby specifically disclaims any warranty(oral or written)
concerning. (i)the nature and condition of the Property and the suitability thereof for any and
all activities and uses that Purchaser elects to conduct thereon; (4)the manner, construction,
condition and state of repair or lack of repair of the Improvements; (iii)the compliance of the i
Land and the Improvements or their operation with any laws, rules, ordinances or regulations
of any government or other body. Buyer agrees to accept all risk of Claims(including without
limitation all Claims under any environmental law and all Claims arising at common law, in
equity or under a federal, state or local statute, rule or regulation) whether past, present or
future, existing or contingent, known or unknown, arising out of, resulting from or relating to 0
the Property, known or unknown, contemplated or uncontemplated, suspected or
unsuspected, including without limitation, the presence of any Hazardous Substance on the
Property, whether such Hazardous Substance is located on or under the Property, or has
migrated or will migrate from or to the Property. Seller shall have no obligation to improve or
otherwise alter any portion of the Property from its current condition in any manner
whatsoever. The sale of the Property as provided for herein is made on a strictly "As Is", g'
'Where Is", "With All Faults" basis as of the closing date, and Seller(s) make no warranty or
representation, express or implied, or arising by operation of law, including, but in no way
limited to, any warranty of quantity, quality, condition, habitability, merchantability, suitability
or fitness for a particular purpose of the property, any improvements located thereon or any
conditions related thereto.
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" rlu ONROE COUNTY'FLORIDA
'VOLUNTARY HOME BUYOUT PROGRAM
10.EXPIRATION OF OFFER,, This offer from Buyer will be withdrawn at 5 o'clock PM.
(Eastem Time)on Thursday December$2022 unless accepted or countered by Seller(s)
in written Than prior to such time. If Seller(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
reasoning needs to be submitted to and approved by the Buyer prior to the expiration date.
11.TIME IS OF THE ESS.EN�E, Time is of the essence with respect to all provisions of this ED
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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12.SURVIVAL. If any provision herein contained which by its nature and effect is required to be
observed, kept or performed after closing, it will survive the closing and remain binding upon U
and for the Parties hereto until fully observed kept or performed.
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13. ENTIRE AGREEMENT. This agreement, the Voluntary Transaction Agreement, the e
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 0
this contract shall be in writing.This agreement shall be constructed in accordance with the laws 76
of the State of Florida. It is understood by the parties that this agreement is subject to Chapter 0
119, Florida Statute regarding Public Records Law.
14, EFFECTIVE DATE.The effective date of this Agreement shall be that date when the last one of
the Seller(s)and the Buyer has signed this Agreement.
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IN WITNESS WHEREOF, the Seller(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 i
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS. S
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F.5.a
ONROE COUNTY FLORIDA
VOLUNTARY HOME BUYOUT PROGRAM
Warning: Any person who knowingly makes a false claim or statement to HUD may be
subject to civil or criminal penalties un r-18 U.S.C. 287, 1 1 and 31 U.S.C. 3729.
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Buyer/COUNTY: MONROE COUNTY, FLORIDA c)
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ATTEST: Kevin Maok, CPA, Clerk a
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IN�puty Clerk Craig �w�ate! , 'ayor 0
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MONROE COUNTY ATTORNEY CL
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KELLY DUGN,, as
ASSISTANT CONTY
ATTORNEY
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F.5.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 18th day of January 2023 with a deadline to close the transaction within 90 days, 0
or by April 18, 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 19, 2022,prior to the Board CL
of County Commissioners approval of the Agreement on January 18, 2023; 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
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.5.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
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Buyer/ COUNTY: MONROE COUNTY, FLORIDA psi
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Attest: KEVIN MADOK, CPA, Clerk
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By By As Deputy Clerk Craig Cates, Mayors
Date:
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM 2-
Kelly Dugan =KeRv�9..� .
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KELLY DUGAN
ASSISTANT COUNTY U)
ATTORNEY
3/28/23
DATE
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