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06/05/2023 Restrictive Agreement ePN MroAlliArgically County incl.i1--- Date Time 3 V) THIS INSTRUMENT PREPARED • BY AND RETURN TO: Gregory S.Oropeza,Esq. Oropeza,Stones,&Cardenas,PLLC 221 Simonton Street Key West,FL 33040 LAND USE RESTRICTION AGREEMENT BLOCK 2,LOT 1, SAM-N-JOE SUBDIVISION, 190 SANDS ROAD,RE#00300180- 000100; BLOCK 2, LOT 2, SAM-N-JOE SUBDIVISION, 180 SANDS ROAD, RE# 00300180-000200; BLOCK 2,LOT 17, SAM-N-JOE SUBDIVISION, 170 SANDS ROAD; RE#00300180-001700; AND BLOCK 2, LOT 18, SAM-N-JOE SUBDIVISION, 160 SANDS ROAD,RE#00300180-001800 ON BIG PINE KEY THIS LAND USE 19STRICTIOpi AGREEMENT hereinafter "Agreement") is made and entered into as of the 172 day of s itink., , 200 between MONROE COUNTY (hereinafter "County" and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority pursuant to section 380.0663(1), Florida Statutes and Monroe County Ordinance No. 031-1986 (hereinafter "Land Authority"), and their respective successors and assigns. RECITALS A. The four (4) lots subject to this Agreement are described as Block 2, Lot 1, Sam- N-Joe Subdivision, 190 Sands Road, RE# 00300180-000100; Block 2, Lot 2, Sam-N-Joe Subdivision, 180 Sands Road, RE# 00300180-000200; Block 2, Lot 17, Sam-N-Joe Subdivision, 170 Sands Road,RE#00300180-001700;and Block 2,Lot 18, Sam-N-Joe Subdivision, 160 Sands Road, RE# 00300180-001800 (hereinafter "Subject Property") on Big Pine Key, Florida. The Subject Property is more particularly described in Exhibit "A" attached hereto and incorporated herein. B. The Land Authority purchased the Subject Property as affordable housing sites. C. In accordance with Land Authority Resolution No, 04-2023 the Land Authority has conveyed the property to the County. D. The Monroe County Board of County Commissioners adopted Resolution No. 039-2023 accepting the Land Authority's transfer of the Subject Property to Monroe County for development as Monroe County Affordable Employee Rental Housing. E. As a condition of receiving the Subject Property from the Land Authority, the County has agreed that the Subject Property shall comply with the affordable housing requirements specified herein. Page 1 of 6 NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County and Land Authority do hereby contract and agree as follows: ARTICLE I COMPLIANCE WITH LAND AUTHORITY REQUIREMENTS In order to comply with the Land Authority's requirements pursuant to Section 380.0663(1),et seq.,Florida Statutes and Monroe County Ordinance No.031-1986,County hereby covenants and agrees as follows: 1.01 The restrictions contained in this Article I shall not expire, shall run with the Subject Property in perpetuity and shall be binding upon County, its successors, or assigns. 1.02 Use of the Subject Property shall be restricted to the provision of affordable housing for families or households whose income does not exceed 160% of the Area Median Income. Nothing herein shall preclude the County or any other entity providing affordable housing on the Subject Property from setting more restrictive income limits than those imposed by this Agreement. 1.03 The County is responsible for ensuring compliance with the restrictions in this Article I and expressly agrees to furnish, upon the Land Authority's request, written certification thereof. ARTICLE II CONSIDERATION In addition to other purposes,the Land Authority has conveyed title to the Subject Property to the County as an inducement to the County to restrict use of the Subject Property to affordable housing in perpetuity. In consideration of said Land Authority conveyance for the foregoing purposes, the County and the Land Authority have entered into this Agreement. ARTICLE III RELIANCE In performing its duties hereunder, the Land Authority may rely upon statements and certificates of the County, its tenants, and the residents of the Subject Property believed to be genuine and to have been executed by the proper person or persons, and upon audits of the books and records of County pertaining to occupancy of the Subject Property. ARTICLE IV TERM This Agreement shall become effective upon its execution and delivery and shall remain in full force and effect without expiration,unless modified by mutual written consent of the parties. Page 2 of 6 ARTICLE V ENFORCEMENT If County defaults in the performance of its obligations under this Agreement or breaches any material covenant, agreement or warranty of County set forth in this Agreement, and if such default remains uncured for a period of thirty (30) days after written notice thereof shall have been given by the Land Authority to County, then the Land Authority may take any action at law or in equity or otherwise to address said default(s). However, if the default stated in such notice can be corrected, but not within the thirty (30) day period, and if County adopts a plan to correct or cure the default and commences the correction within the thirty (30) day period (subject to any rights of tenants in possession of units under a valid lease agreement), and thereafter diligently pursues the same to completion within such extended period, the Land Authority shall not have waived its right of enforcement if the default remains uncured after the expiration of the extended cure period. ARTICLE VI RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND 6.01. Upon execution County shall cause this Agreement and all amendments and supplements hereto to be recorded and filed in the official public records of Monroe County and shall pay all fees and charges incurred in connection therewith. 6.02 This Agreement and the covenants contained herein shall run with the land and shall bind, and the benefits shall inure to, respectively, County and Land Authority and their respective successors and assigns during the term of this Agreement. ARTICLE VII GOVERNING LAW This Agreement shall,be governed by and construed in accordance with the laws of the State of Florida, with respect to both substantive rights and with respect to procedures and remedies. ARTICLE VIII NOTICE AND EFFECT All notices and other communications to be made or permitted to be made hereunder shall be in writing and shall be delivered to the addresses shown below or to such other addresses that the parties may provide to one another in accordance herewith. Such notices and other communications shall be given by any of the following means: (a)personal service or(b)national express air courier, provided such courier maintains written verification of actual delivery. Any notice or other communication given by the means described in subsection (a) or (b) above shall be deemed effective upon the date of receipt or the date of refusal to accept delivery by the party to whom such notice or other communication has been sent. Page 3 of 6 Land Authority: Monroe County Land Authority 1200 Truman Avenue, Suite 207 Key West, FL 33040 Attention: Executive Director County: Monroe County 1100 Simonton Street Key West, FL 33040 Attention: County Administrator Monroe County Office of County Attorney 1111 12th Street Suite 408 Key West, FL 33040 Attention: County Attorney Any party may change said address by giving the other parties hereto notice of such change of address in accordance with the foregoing provisions. ARTICLE IX MISCELLANEOUS 9.01. If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions shall not in any way be affected or impaired. 9.02. This Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument and each of which shall be deemed to be an original. Page 4 of 6 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT BLOCK 2,LOT 1, SAM-N-JOE SUBDIVISION, 190 SANDS ROAD,RE#00300180- 000100; BLOCK 2,LOT 2, SAM-N-JOE SUBDIVISION, 180 SANDS ROAD,RE# 00300180-000200; BLOCK 2,LOT 17, SAM-N-JOE SUBDIVISION, 170 SANDS ROAD; RE#00300180-001700; AND BLOCK 2,LOT 18, SAM-N-JOE SUBDIVISION, 160 SANDS ROAD,RE#00300180-001800 ON BIG PINE KEY IN WITNESS WHEREOF, County and Land Authority have caused this Agreement to be signed, sealed and attested on their behalf by duly authorized representatives, all as of the date first set forth above. WITNESSES: Monroe County 18 2-3-0 LiA Print: w.G la �- 4M - ACAC - 4 ,k r� By: f Y., 6t)W VithiO7` M. or Craig Cate Print: ttti u1 owl 2. Oar C�4NTY IH THE u�46V Address: 1100 Simonton Street Key West, Florida 33040 Approved as to form and legality Ro ert Shillinger,Esq. STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me by means of physical presence this ',D. day of \r c , 20 d3by Craig Cates as Mayor of Monroe County. Said person is personally known to me or has produced a valid driver's license as identification. On -� - Notary Public; State of F1: A.a •,►wik AMANDA LEGGETT Print Name: ;4\cltC5-v16k LL.e c Commission#GG 966481 My Commission Expires:rvl Expires March 5,2024 My Commission No.: (N.G,q(*L4? :;;..st•' Bonded Um Troy Fain Insurance 800485-7019 Page 5 of 6 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT BLOCK 2,LOT 1, SAM-N-JOE SUBDIVISION, 190 SANDS ROAD, RE# 00300180- 000100; BLOCK 2,LOT 2, SAM-N-JOE SUBDIVISION, 180 SANDS ROAD, RE# 00300180-000200; BLOCK 2, LOT 17, SAM-N-JOE SUBDIVISION, 170 SANDS ROAD; RE#00300180-001700; AND BLOCK 2, LOT 18, SAM-N-JOE SUBDIVISION, 160 SANDS ROAD, RE# 00300180-001800 ON BIG PINE KEY IN WITNESS WHEREOF, County and Land Authority have caused this Agreement to be signed, sealed and attested on their behalf by duly authorized representatives, all as of the date first set forth above. WITNESSES: MONROE COUNTY COMPREHENSIVE PLAN ,/�'►n . LAND AUTHORITY Print: _AS By: 0°16V David P. Rice, Chairman Print: i n0—(` dv` k", Address: 1200 Truman Avenue, Suite 207 Key West, FL 33040 Approved as to form and legality [SEAL] p Gregory S. Oropeza, Esq. STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me by means of physical presence this I -day of , 2024 by David P. Rice, as Chairman of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY,a land authority pursuant to section 3 80.0663(1),Florida Statutes and Monroe County Ordinance No. 031-1986, on behalf of the Land Authority. Said person is personally known to me or as pro ced va id driver's license as identification. Notary Public; State of F rida r Print Name: ,11if•Q-- '� � � ,__ My Commission Expires: ci C 11 C2� '�p';►:PY;p�: DINAGAMBUZTA My Commission No.: a (''�� �`�� ,, ��� : MY COMMISSION#GG 336333 EXPIRES:September 17,2023 .... Bonded 1'hru Notary Public Undervniters Page 6 of 6 EXHIBIT A Parcel 1: 00300180-000100 Lot 1, Block 2, Sam-N-Joe Subdivision, according to the map or plat thereof, as recorded in Plat Book 3, Page(s) 76, of the Public Records of Monroe County, Florida. Parcel 2: 00300180-000200 Lot 2, Block 2, Sam-N-Joe Subdivision, according to the map or plat thereof, as recorded in Plat Book 3, Page(s) 76, of the Public Records of Monroe County, Florida. Parcel 3: 00300180-001700 Lot 17, Block 2, Sam-N-Joe Subdivision, according to the map or plat thereof, as recorded in Plat Book 3, Page(s) 76, of the Public Records of Monroe County, Florida. Parcel 4: 00300180-001800 Lot 18, Block 2, Sam-N-Joe Subdivision, according to the map or plat thereof, as recorded in Plat Book 3, Page(s) 76, of the Public Records of Monroe County, Florida.