Land Use Restriction Agreement 11/09/2023 Doc#:-439723 Bk#3250 Pg#1085 Electronically Recorded 11/13/2023 at 10:07 AM Pages 6
Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK
ElectronicallyREC:$52.50
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 WTRICTION AGREEMENT (hereinafter "Agreement") is made
and entered into as of the day of .(n" PA 1OV- lV�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 ID#00222830-000100.
B. The County has adopted Resolution 489-2023 requesting the Subject Property be
conveyed to the County for affordable housing.
C. The Land Authority has adopted Resolution 41-2023 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:
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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 II 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.
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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
(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 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
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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.
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 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 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.
WITNES S: Monroe County
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Print: ��► •i_fai. F � + : 1,.._
By: ,
-----_-- a or CraigCates
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Print: 1-0akItArs
Address: 1100 Simonton Street
Key West, Florida 33040
Approved as to fo 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
1 E day of (ok , 203by Craig Cates as Mayor of Monroe County. Said person
is personally known to me or has produced a valid driver's license as identification.
414g,--00/6,Y fk-typ -
�"v.;4�••., AMANDALEGGETT Notary Public; State of Flo id
*'� =Commiss ion#GG 966461 Print Name: BVLaJ4c)c .- 'L ' 9,,'�_ ,,
.��.a<€Expires March 5,2024 MyCommission Expires:Wks-cm, '5 , -Xo�4
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�; Th. .. . w My Commission No.: ',C� s tJ(,i^41
Page 5 of 6
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.
WI .SES: MONROE COUNTY COMPREHENSIVE PLAN
LAND AUTHORITY
6 Print: Q 4'\ &M
By:
David P.Rice, Chairman
Print: cArt S
Address: 1200 Truman Av,pnt§uite 207
Key West, F ► '"M'c
Approved as to form and legality [SEAL] xa`'x
1,
Gregory S. Oropeza,Esq.
---, [ r
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STATE OF FLORIDA
COUNTY OF MONROE
The foregoin in5tru nt was acknowledged before me by means of physical presence
this t day of t A , 207 ,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 • has pr,R e ced a ali driver's license as
f
identification. r P
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Notary Public. State of Florida
Print Name: IA 11 c, ' --
:R.... My Commission Expires:
My Commission No.:
;.;��YPUB.,; DINAANN GAMBUZZA �,�..� �'�$.(
�2•' 0,1 Notary Public-State of Florida
Commission#HH 42421.8
My Comm.Expires Sep 17 2027 11
,.r Bonded through National Notary Assn.
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