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Item G19 G19 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 m' David Rice,District 4 Board of County Commissioners Meeting October 18, 2023 Agenda Item Number: G19 2023-1646 BULK ITEM: No DEPARTMENT: Land Authority Governing Board TIME APPROXIMATE: STAFF CONTACT: Christine Hurley 9:25 AM AGENDA ITEM WORDING: Approval of a resolution of the Monroe County Comprehensive Plan Land Authority authorizing the conveyance of real property located at Block 22, Lot 11, Big Pine Cove Subdivision(PB 3-131), on Big Pine Key; Block 3, Lot 5, Sam-N-Joe Subdivision(PB 3-76), on Big Pine Key; Block 1, Lot 8, Amended Plat of The Ladies Acre(PB 5-96), on Little Torch Key; and Block 1, Lot 9, Amended Plat of The Ladies Acre (PB 5-96), on Little Torch Key to Monroe County for Affordable Housing subject to a Land Use Restriction Agreement (LURA). ITEM BACKGROUND: Habitat for Humanity has an opportunity to purchase reduced cost modular homes and are seeking four (4) ROGO Exempt properties or properties with a ROGO allocation, currently owned by the Monroe County Land Authority, for future affordable housing development as follows: • Block 22, Lot 11, Big Pine Cove Subdivision(PB 3-131), on Big Pine Key: Tier Designation: Tier 3 Zoning Designation: Improved Subdivision (IS) Vegetation: Developed Land Transferrable Development Rights: 1 ROGO Exemption: 1 Purchase Price: $99,000 • Block 3, Lot 5, Sam-N-Joe Subdivision(PB 3-76), on Big Pine Key: Tier Designation: Tier 1 Zoning Designation: URM Vegetation: Developed Land Transferrable Development Rights: 1 ROGO Exemption: 1 Purchase Price: $99,000 • Block 1, Lot 8, Amended Plat of The Ladies Acre(PB 5-96), on Little Torch Key: 3308 Tier Designation: Tier 3 Zoning Designation: URM Vegetation: Developed Land Transferrable Development Rights: 1 ROGO Exemption: 1 (but the Planning Department is requesting the BOCC reserve an affordable ROGO allocation for this lot) and the market rate ROGO Exemption will be returned to Administrative Relief. Purchase Price: Estimated Value: $50,000 (Part of larger land purchase) • Block 1, Lot 9, Amended Plat of The Ladies Acre(PB 5-96), on Little Torch Key: Tier Designation: Tier 3 Zoning Designation: URM Vegetation: Developed Land Transferrable Development Rights: 1 ROGO Exemption: None (but the Planning Department is requesting the BOCC reserve an affordable ROGO allocation for this lot) Purchase Price: Estimated Value: $50,000 (Part of larger land purchase) Land Authority staff are recommending that all four(4) lots be conveyed to the County and then leased to Habitat for Humanity of Key West and Lower Florida Keys, Inc. for affordable housing development, subject to a Land Use Restriction Agreement(LURA) in order to maintain compliance with the Land Authority's statute. The LURA also has a provision that will allow Habitat to payback the amounts specified if the Land Authority statute is not revised to allow income qualification to occur at time of purchase instead of the current requirement that household income not exceed 160% of area median income. The closing costs for conveyance of the Subject Property to the County will be paid by the Land Authority. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: ResolutionMCLA-AffordableHousingConveyanceToBOCC.pdf Habitat Letter to Commissioners Requesting 41ots.pdf FINANCIAL IMPACT: N/A 3309 RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING THE CONVEYANCE OF REAL PROPERTY LOCATED AT BLOCK 22, LOT 11, BIG PINE COVE SUBDIVISION (PB 3-131), ON BIG PINE KEY; BLOCK 3, LOT 5, SAM-N-JOE SUBDIVISION (PB 3-76)7 ON BIG PINE KEY; BLOCK 1, LOT 8, AMENDED PLAT OF THE LADIES ACRE (PB 5-96)7 ON LITTLE TORCH KEY; AND BLOCK 1, LOT 9, AMENDED PLAT OF THE LADIES ACRE (PB 5-96)7 ON LITTLE TORCH KEY TO MONROE COUNTY FOR AFFORDABLE HOUSING SUBJECT TO A LAND USE RESTRICTION AGREEMENT (LURA). WHEREAS, Monroe County Land Authority ("Authority") owns 4 lots, originally purchased for the purposes of affordable housing (hereinafter "Subject Property"); and WHEREAS, the Subject Property legal descriptions are: Block 22, Lot 11, Big Pine Cove Subdivision (PB 3-131), on Big Pine Key; Block 3, Lot 5, Sam-N-Joe Subdivision (PB3-76), on Big Pine Key; Block 1, Lot 8, Amended Plat of The Ladies Acre (PB 5-96), on Little Torch Key; Block 1, Lot 9, Amended Plat of The Ladies Acre (PB 5-96), on Little Torch Key; and WHEREAS, the Board of County Commissioners ("BOCC") adopted Resolution XXXX- XX requesting the Subject Property be conveyed from Authority to BOCC; and WHEREAS, use of the subject property for affordable housing is consistent with the policies of the County's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Land Authority Advisory Committee previously approved purchasing the subject property for use as affordable housing for the BOCC; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY THAT: Section 1. The above recitals are true and correct and incorporated herein. Section 2. The Authority is hereby authorized to convey the Subject Property to the BOCC subject to the Land Use Restriction Agreements (LURAs) shown in Attachment "A" restricting use of the Subject Property to affordable housing in accordance with Section 380.0666(3)(a), Florida Statutes. Page 1 of 2 3310 Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this day of 2023. Commissioner Craig Cates Commissioner Michelle Lincoln Commissioner James Scholl Commissioner Holly Raschein Chairman David Rice (Seal) ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Christine Hurley David P. Rice Executive Director Chairman Approved as to form and legality Gregory Oropeza, Esquire Page 2 of 2 3311 Attachment "A" 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 22, Lot 11, BIG PINE COVE, according to the Plat thereof, recorded in Plat Book 3, Page 131, of the Public Records of Monroe County, Florida Parcel ID# 00308490-000000 THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made and entered into as of the day of , 2023, 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 site is legally described as Block 22, Lot 11, BIG PINE COVE, according to the Plat thereof, recorded in Plat Book 3, Page 131, of the Public Records of Monroe County, Florida, Parcel ID# 00308490-000000. B. The County has adopted Resolution XX-XXXX requesting the Subject Property be conveyed to the County for affordable housing. C. The Land Authority has adopted Resolution XX-XXXX authorizing conveyance of the Subject Property. D. The County has agreed that the Subject Property shall only be used consistent with Florida Statutes 380.0666(3)(a)for affordable housing and shall be leased to Habitat for Humanity of Key West and the Lower Keys, Inc. (hereinafter"Habitat for Humanity). 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, the County and Land Authority do hereby contract and agree as follows: Page 1 of 6 3312 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 ("Land Authority Statute") and Monroe County Ordinance No. 031-1986, the 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 the County. 1.02 Use of the Subject Property shall be restricted to affordable housing as defined in Florida Statute 380 which requires household income not exceed 160% of the Area Median Income. Nothing contained herein shall preclude the Habitat for Humanity, County, or State or any other entity providing affordable housing on the subject property from setting more restrictive income limits than those imposed by the Agreement. If the Land Authority Statute is amended from time to time, Habitat for Humanity shall have the ability to utilize any portions of the Land Authority Statute thereby amended,which may be less restrictive. If the Land Authority Statute is not amended to allow families that purchase the homes constructed by Habitat for Humanity to income qualify at the time of purchase only,Habitat for Humanity shall have the ability to repay the original contract purchase price Land Authority paid, shown in Article H and this Agreement may be released. 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 The Land Authority purchased the Subject Property for $99,000, as an inducement to the County to restrict use of the Subject Property to affordable housing in perpetuity. In consideration of said Land Authority funding for the foregoing purposes, the County and 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 the County pertaining to occupancy of the Subject Property. Page 2 of 6 3313 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. ARTICLE V ENFORCEMENT If the County defaults in the performance of its obligations under this Agreement or breaches any material covenant, agreement or warranty of the 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 the 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 the County adopts a plan to correct or cure the default and commences the correction within the thirty (30) day period (subjectto 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 the 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, the 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 Page 3 of 6 3314 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 parry to whom such notice or other communication has been sent. Land Authority: Monroe County Land Authority 1200 Truman Avenue, Suite 207 Key West, FL 33040 Attention: Executive Director County: Monroe County 1100 Simonton St 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 parry 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 3315 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT Block 22, Lot 11, BIG PINE COVE, according to the Plat thereof, recorded in Plat Book 3, Page 131, of the Public Records of Monroe County, Florida Parcel ID# 00308490-000000 IN WITNESS WHEREOF, the 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 Print: By: Mayor Craig Cates Print: Address: 1100 Simonton Street Key West, Florida 33040 Approved as to form and legality Robert Shillinger, Esq. STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me by means of physical presence this day of , 20_by Craig Cates as Mayor of Monroe County. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida Print Name: My Commission Expires: My Commission No.: Page 5 of 6 3316 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT Block 22, Lot 11, BIG PINE COVE, according to the Plat thereof, recorded in Plat Book 3, Page 131, of the Public Records of Monroe County, Florida Parcel ID#00308490-000000 IN WITNESS WHEREOF, the 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 LAND AUTHORITY Print: By: David P. Rice, Chairman Print: Address: 1200 Truman Avenue, Suite 207 Key West, FL 33040 Approved as to form and legality [SEAL] Gregory S. Oropeza, Esq. STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me by means of physical presence this day of 20_, by David P. Rice, as Chairman of 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, on behalf of the Land Authority. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida Print Name: My Commission Expires: My Commission No.: Page 6 of 6 3317 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 3, Lot 5, Sam-N-Joe Subdivision, according to the Plat thereof,recorded in Plat Book 3, Page 76, of the Public Records of Monroe County, Florida Parcel ID #00300250-000000 THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made and entered into as of the day of , 2023, 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 site is legally described as Block 3, Lot 5, Sam-N-Joe Subdivision, according to the Plat thereof, recorded in Plat Book 3, Page 76, of the Public Records of Monroe County, Florida, Parcel ID# 00300250-000000. B. The County has adopted Resolution XX-XXXX requesting the Subject Property be conveyed to the County for affordable housing. C. The Land Authority has adopted Resolution XX-XXXX authorizing conveyance of the Subject Property. D. The County has agreed that the Subject Property shall only be used consistent with Florida Statutes 380.0666(3)(a)for affordable housing and shall be leased to Habitat for Humanity of Key West and the Lower Keys, Inc. (hereinafter"Habitat for Humanity). 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, the County and Land Authority do hereby contract and agree as follows: Page 1 of 6 3318 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 ("Land Authority Statute") and Monroe County Ordinance No. 031-1986, the 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 the County. 1.02 Use of the Subject Property shall be restricted to affordable housing as defined in Florida Statute 380 which requires household income not exceed 160% of the Area Median Income. Nothing contained herein shall preclude the Habitat for Humanity, County, or State or any other entity providing affordable housing on the subject property from setting more restrictive income limits than those imposed by the Agreement. If the Land Authority Statute is amended from time to time, Habitat for Humanity shall have the ability to utilize any portions of the Land Authority Statute thereby amended,which may be less restrictive. If the Land Authority Statute is not amended to allow families that purchase the homes constructed by Habitat for Humanity to income qualify at the time of purchase only,Habitat for Humanity shall have the ability to repay the original contract purchase price Land Authority paid, shown in Article H and this Agreement may be released. 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 The Land Authority purchased the Subject Property for $99,000, as an inducement to the County to restrict use of the Subject Property to affordable housing in perpetuity. In consideration of said Land Authority funding for the foregoing purposes, the County and 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 the County pertaining to occupancy of the Subject Property. Page 2 of 6 3319 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. ARTICLE V ENFORCEMENT If the County defaults in the performance of its obligations under this Agreement or breaches any material covenant, agreement or warranty of the 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 the 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 the County adopts a plan to correct or cure the default and commences the correction within the thirty (30) day period (subjectto 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 the 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, the 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 Page 3 of 6 3320 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 parry to whom such notice or other communication has been sent. Land Authority: Monroe County Land Authority 1200 Truman Avenue, Suite 207 Key West, FL 33040 Attention: Executive Director County: Monroe County 1100 Simonton St 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 parry 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 3321 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT Block 3, Lot 5, Sam-N-Joe Subdivision, according to the Plat thereof,recorded in Plat Book 3, Page 76, of the Public Records of Monroe County, Florida Parcel ID#00300250-000000 IN WITNESS WHEREOF, the 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 Print: By: Mayor Craig Cates Print: Address: 1100 Simonton Street Key West, Florida 33040 Approved as to form and legality Robert Shillinger, Esq. STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me by means of physical presence this day of , 20_by Craig Cates as Mayor of Monroe County. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida Print Name: My Commission Expires: My Commission No.: Page 5 of 6 3322 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT Block 3, Lot 5, Sam-N-Joe Subdivision, according to the Plat thereof,recorded in Plat Book 3, Page 76, of the Public Records of Monroe County, Florida Parcel ID#00300250-000000 IN WITNESS WHEREOF, the 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 LAND AUTHORITY Print: By: David P. Rice, Chairman Print: Address: 1200 Truman Avenue, Suite 207 Key West, FL 33040 Approved as to form and legality [SEAL] Gregory S. Oropeza, Esq. STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me by means of physical presence this day of 20_, by David P. Rice, as Chairman of 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, on behalf of the Land Authority. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida Print Name: My Commission Expires: My Commission No.: Page 6 of 6 3323 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 1, Lot 8, Amended Plat of The Ladies Acre, according to the Plat thereof, recorded in Plat Book 5, Page 96, of the Public Records of Monroe County, Florida Parcel ID#00222830-000000 THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made and entered into as of the day of , 2023, 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 site is legally described as Block 1, Lot 8, Amended Plat of The Ladies Acre, according to the Plat thereof, recorded in Plat Book 5, Page 96, of the Public Records of Monroe County, Florida, Parcel ID400222830-000000 B. The County has adopted Resolution XX-XXXX requesting the Subject Property be conveyed to the County for affordable housing. C. The Land Authority has adopted Resolution XX-XXXX authorizing conveyance of the Subject Property. D. The County has agreed that the Subject Property shall only be used consistent with Florida Statutes 380.0666(3)(a)for affordable housing and shall be leased to Habitat for Humanity of Key West and the Lower Keys, Inc. (hereinafter"Habitat for Humanity). 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, the County and Land Authority do hereby contract and agree as follows: Page 1 of 6 3324 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 ("Land Authority Statute") and Monroe County Ordinance No. 031-1986, the 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 the County. 1.02 Use of the Subject Property shall be restricted to affordable housing as defined in Florida Statute 380 which requires household income not exceed 160% of the Area Median Income. Nothing contained herein shall preclude the Habitat for Humanity, County, or State or any other entity providing affordable housing on the subject property from setting more restrictive income limits than those imposed by the Agreement. If the Land Authority Statute is amended from time to time, Habitat for Humanity shall have the ability to utilize any portions of the Land Authority Statute thereby amended,which may be less restrictive. If the Land Authority Statute is not amended to allow families that purchase the homes constructed by Habitat for Humanity to income qualify at the time of purchase only,Habitat for Humanity shall have the ability to repay the original contract purchase price Land Authority paid, shown in Article H and this Agreement may be released. 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 The Land Authority purchased the Subject Property for $99,000, as an inducement to the County to restrict use of the Subject Property to affordable housing in perpetuity. In consideration of said Land Authority funding for the foregoing purposes, the County and 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 the County pertaining to occupancy of the Subject Property. Page 2 of 6 3325 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. ARTICLE V ENFORCEMENT If the County defaults in the performance of its obligations under this Agreement or breaches any material covenant, agreement or warranty of the 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 the 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 the County adopts a plan to correct or cure the default and commences the correction within the thirty (30) day period (subjectto 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 the 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, the 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 Page 3 of 6 3326 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 parry to whom such notice or other communication has been sent. Land Authority: Monroe County Land Authority 1200 Truman Avenue, Suite 207 Key West, FL 33040 Attention: Executive Director County: Monroe County 1100 Simonton St 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 parry 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 3327 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT Block 1, Lot 8, Amended Plat of The Ladies Acre, according to the Plat thereof, recorded in Plat Book 5, Page 96, of the Public Records of Monroe County, Florida Parcel ID#00222830-000000 IN WITNESS WHEREOF, the 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 Print: By: Mayor Craig Cates Print: Address: 1100 Simonton Street Key West, Florida 33040 Approved as to form and legality Robert Shillinger, Esq. STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me by means of physical presence this day of , 20_by Craig Cates as Mayor of Monroe County. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida Print Name: My Commission Expires: My Commission No.: Page 5 of 6 3328 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT Block 1, Lot 8, Amended Plat of The Ladies Acre, according to the Plat thereof, recorded in Plat Book 5, Page 96, of the Public Records of Monroe County, Florida Parcel ID#00222830-000000 IN WITNESS WHEREOF, the 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 LAND AUTHORITY Print: By: David P. Rice, Chairman Print: Address: 1200 Truman Avenue, Suite 207 Key West, FL 33040 Approved as to form and legality [SEAL] Gregory S. Oropeza, Esq. STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me by means of physical presence this day of 20_, by David P. Rice, as Chairman of 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, on behalf of the Land Authority. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida Print Name: My Commission Expires: My Commission No.: Page 6 of 6 3329 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 1, Lot 9, Amended Plat of Ladies The Acre according to the Plat thereof, recorded in Plat Book 5, Page 96 of the Public Records of Monroe County, Florida Parcel ID#00222830-000100 THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made and entered into as of the day of , 2023, 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 site is legally described as Block 1, Lot 9, Amended Plat of The Ladies Acre according to the Plat thereof, recorded in Plat Book 5, Page 96 of the Public Records of Monroe County, Florida Parcel ID400222830-000100. B. The County has adopted Resolution XX-XXXX requesting the Subject Property be conveyed to the County for affordable housing. C. The Land Authority has adopted Resolution XX-XXXX authorizing conveyance of the Subject Property. D. The County has agreed that the Subject Property shall only be used consistent with Florida Statutes 380.0666(3)(a)for affordable housing and shall be leased to Habitat for Humanity of Key West and the Lower Keys, Inc. (hereinafter"Habitat for Humanity). 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, the County and Land Authority do hereby contract and agree as follows: Page 1 of 6 3330 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 ("Land Authority Statute") and Monroe County Ordinance No. 031-1986, the 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 the County. 1.02 Use of the Subject Property shall be restricted to affordable housing as defined in Florida Statute 380 which requires household income not exceed 160% of the Area Median Income. Nothing contained herein shall preclude the Habitat for Humanity, County, or State or any other entity providing affordable housing on the subject property from setting more restrictive income limits than those imposed by the Agreement. If the Land Authority Statute is amended from time to time, Habitat for Humanity shall have the ability to utilize any portions of the Land Authority Statute thereby amended,which may be less restrictive. If the Land Authority Statute is not amended to allow families that purchase the homes constructed by Habitat for Humanity to income qualify at the time of purchase only,Habitat for Humanity shall have the ability to repay the original contract purchase price Land Authority paid, shown in Article H and this Agreement may be released. 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 The Land Authority purchased the Subject Property for $99,000, as an inducement to the County to restrict use of the Subject Property to affordable housing in perpetuity. In consideration of said Land Authority funding for the foregoing purposes, the County and 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 the County pertaining to occupancy of the Subject Property. Page 2 of 6 3331 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. ARTICLE V ENFORCEMENT If the County defaults in the performance of its obligations under this Agreement or breaches any material covenant, agreement or warranty of the 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 the 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 the County adopts a plan to correct or cure the default and commences the correction within the thirty (30) day period (subjectto 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 the 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, the 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 Page 3 of 6 3332 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 parry to whom such notice or other communication has been sent. Land Authority: Monroe County Land Authority 1200 Truman Avenue, Suite 207 Key West, FL 33040 Attention: Executive Director County: Monroe County 1100 Simonton St 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 parry 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 3333 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT Block 1, Lot 9, Amended Plat of Ladies The Acre, according to the Plat thereof, recorded in Plat Book 5, Page 96, of the Public Records of Monroe County, Florida Parcel ID#00222830-000100 IN WITNESS WHEREOF, the 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 Print: By: Mayor Craig Cates Print: Address: 1100 Simonton Street Key West, Florida 33040 Approved as to form and legality Robert Shillinger, Esq. STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me by means of physical presence this day of , 20_by Craig Cates as Mayor of Monroe County. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida Print Name: My Commission Expires: My Commission No.: Page 5 of 6 3334 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT Block 1, Lot 9, Amended Plat of Ladies The Acre, according to the Plat thereof, recorded in Plat Book 5, Page 96, of the Public Records of Monroe County, Florida Parcel ID#00222830-000100 IN WITNESS WHEREOF, the 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 LAND AUTHORITY Print: By: David P. Rice, Chairman Print: Address: 1200 Truman Avenue, Suite 207 Key West, FL 33040 Approved as to form and legality [SEAL] Gregory S. Oropeza, Esq. STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me by means of physical presence this day of 20_, by David P. Rice, as Chairman of 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, on behalf of the Land Authority. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida Print Name: My Commission Expires: My Commission No.: Page 6 of 6 3335 40t INSeptember 27, 2023 Habitat Dear Monroe County Commissioners, for Humanity' As you know well, Monroe County has a significant shortage of of Key West and affordable housing, a circumstance that poses significant challenges Lower Florida Keys for numerous families striving to sustain their lives within our community. Habitat for Humanity of Key West and Lower FL Keys Board of Directors facilitates homeownership for hardworking, low-income families in the Terris Hill,Chair community. Our capacity to effect positive change is made possible by Debbie Batty, Vice Chair Nicholas wahrer, Treasurer our strong partnership with the Land Authority. Donna Moore,Secretary Al Aituve Typically, we partner with Southern Structures, a reputable modular Devon Ayers Brenda Callahan home manufacturer located in Ocala, to construct our 2- and 3- Billy Davis bedroom elevated homes. Our longstanding relationship with Southern Joe Moody Structures has been marked by their consistent delivery of high-quality, Lynda woods hurricane-rated homes. office 471 Overseas Highway Recently, an exceptional opportunity has presented itself through our Unit 102 collaboration with Southern Structures. Another organization initially Key west,FL 33040 commissioned them to construct eight homes. However, subsequent to MaiiingAddress their completion, this organization decided against taking ownership of IRO.f ox 5873 the properties. We have, therefore, engaged in negotiations to acquire Key West,FL 33045 these eight homes at a substantially reduced cost. Our hope and Teh 305-294-9006 intention is to place these homes on designated sites within the Keys, Fax: 8115-550-8863 as identified by the Land Authority. hab itatlowerkeys.org We believe that this represents a golden opportunity to provide more affordable housing to families in need. We ask for your support in 121 leasing these properties to our Habitat affiliate so that we can continue EQUAL HOUSING our partnership and serve more essential workers in the Lower Keys. OPPORTUNVTY We b u d Your backing in this endeavor would go a long way in fortifying our °.,N«yyllzliHHty, ongoing partnership and advancing our shared commitment to serve local families in need. Thank you for your time, consideration, and dedication to the well- being of our community. Sincerely, Kristina Welburn Executive Director Habitat for Humanity of Key West and Lower Florida Keys 000000000000000000fI I�IIII 3336