1st Amendment 09/20/2023 Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: September 25, 2023
TO: Christine Hurley, Executive Director
Monroe County lui(I Authority
ATM: Cy ntlila Guerra, Acquisition Manager
N'HBP Fair Housing Coordinator
FROM: Paincla G. Hanco(41,1 )-C.
SMECT: September 20' BOCC Mee6ng
Attached are die 161lom7ng items lor your lian(fling-
F6 I' Amendment and extension ol'Board-approved purchase agreement of property,
I'lin(Ic(I by lie Community Development Block Grant-Disaster Recovery Voluntary Home Buyout
Program in the aniount ol'$240,000.00.
F7 I' Arrien(lirient and extension ol'Boar(I-approved purchase agreement of'property,
lun(le(I by the Community Development Block Grant-Disaster Recovery Voluntary Home Buyout
Program in the amount of'$380,000,00.
F8 Resolution No. 282-2023 granting approval ol'a purchase agreement of'property
Inn(le(I by the Community Developiricni Block Grant-Disaster Recovery Voluntary Home Buyout
Program in the aniount ol'$1,1 15,000.00, execution ol'a restrictive covenant running with the land,
and moving one Market Rate - Rate ol'Gro"Ili Ordinance Exenipfion 1'rorn die acquired property
to die Administrative Rellel'Pool for market rate allocafion(s).
Sliou](1 you leave any questions please 1'ecl free to contact nic at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway BB770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
AMENDMENT ONE TO AGREEMENT FOR PURCHASE
(" ,") AND
ATUL KUMAR ("SELLER") DATED FEBRUARV
This Amendment ("Amendment One") is made and entered into this 201h day of September 2023
by and between MONROE COUNTY, a political subdivision of the State of Florida, whose post
office address is 1 100 Simonton Street, Suite 205, Key West, Florida, 3300 (hereinafter referred
to as "Buyer") and Atul Kumar (herein referred to as "Seller");
WHEREAS, the Agreement for Purchase ("AGREEMENT-) between Buyer and Seller
was entered into the 15`h day of February 2023 with a deadline to close the transaction within 90
days. or by May 16, 2023; and,
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 commitment of funds or approval is subject to conditions, including DEO approval; and.
WHEREAS, E originally approved the purchase on December 19, 2022, prior to the
Board of County Commissioners approval of the Agreement on February 15, 2023; and,
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 180
days-, and,
WHEREAS, during the due diligence phase of the transaction, the County discovered
defects in the legal description that are being corrected through this amendment of the Agreement.
NOW THEREFORE, in consideration of the mutual promises contained herein, the
AGREEMENT is amended as follows:
Sectionw 1. Recitals and. .,ee islative latent. The Foregoing recitals, findings of fact, and
statements of legislative intent are true and correct and are hereby incorporated as if fully stated
herein.
Section 2. The AGREEMENT is amended as follows:
Paragraph 1 Legal Description is stricken and replaced with the following:
A parcel of land on Big Pine Key, Monroe County, Florida, lying and being in Section 25,
Township 66 South, Range 29 East, and described by metes and bounds as follows:
Commencing at the Northwest comer of Block 33 of "SANDS SUBDIVISION", as
recorded in Plat Book 1, Page 65 of the Public Records of Monroe County, Florida, thence
S89'52'00"F along the Southerly Right-of-Way line of Avenue 'T" for a distance of 363.00
feet to the Northeast comer of lands described in Official Records Book 3178,at Page 2357
of the Public Records of Monroe County, Florida-, thence S00'00'00"W along the Easterly
boundary line of the said lands described in Official Records Book 3178, at Page 2357 of
the Public Records of Monroe County, Florida, for a distance of 50.00 feet to the Point of
Beginning of the parcel of land hereinafter described, thence S89'52'00"E along the
Southerly boundary line of the lands described in Official Records Book 2975, at Page
2390 of the Public Records of Monroe County, Florida and the Southerly boundary line of
the lands described in Official Records Book 3150, at Page 1367 of the Public Records of
Monroe County, Florida, for a distance of 112.00 feet to a point on the Westerly boundary
line of said lands described in Official Records Book 3150. at Page 1367 of the Public
Records of Monroe County, Florida; thence S00'00'00"W along the Westerly boundary
line of said lands described in Official Records Book 3150, at Page 1367 of the Public
Records of Monroe County, Florida, for a distance of 40.00 feet to a point on the Northerly
boundary line of said lands described in Official Records Book 3210, at Page 2484 of the
Public Records of Monroe County. Florida, thence N89'52'00"W along the Northerly
boundary line of the lands described in Official Records Book 3210, at Page 2484 of the
Public Records of Monroe County, Florida and the Northerly boundary line of the lands
described in Official Records Book 3146, at Page 0280 of the Public Records of Monroe
County, Florida, for a distance of 112.00 feet to a point on the Easterly boundary line of
said lands described in Official Records Book 3178, at Page 2357 of the Public Records of
Monroe County, Florida, thence N00'00'00"E along the said Easterly boundary line of the
lands described in Official Records Book 3178, at Page 2357 of the Public Records of
Monroe County, Florida, for a distance of 40.00 feet back to the Point of Beginning.
Less and except any portions, of the above described parcel, lying below the can High
Water Line, to which the State of Florida may claim any interest or ownership in.
Containing 4,479.99 Square Feet, more or less.
Paragraph 3.1 is stricken and replaced with the following:
Paragraph 3.1 --- Contingencies. Seller(s) shall vacate the property within 270 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.
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 270 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.
IN WITNESS WHEREOF, each party caused this Amendment to the Agreement to be
executed by its duly authorized representative.
Seller/ Atul Kumar
SignatfIrL Date Phone Number
NTY: MONROE COUNTY, FLORIDA
V N MADOK, CPA, Clerk
VIP" Bv:
Craig Cat s' ��a As Deputy Clerk
Datc:A 'A.*
MONROE COUNTY AT-1'94NEY(A
ci
APPROVF,D AS TO F(TM
cii CD
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............. ........-----------
K F'l'I'Yr 11)(f
ASSISTANT COUNTY ATTORNET-7
DATL
Return to:
Wright Barrows, PLLC.
540 Key Deer Blvd
Big Pine Key, FL 33043
305-872-1050
-------------------------------- Space Above this Line for Recording -----------------------------------
DECLARATION OF RESTRICTIVECOVENANT RUNNING WITHTHE LAN
AND DECLARATIONRESTRICTION UTU DEVELOPMENT
This Declaration of Restrictive Covenant is executed as of the th day of
, 2023 (the "Effective Date"), by Monroe County, a political subdivision of
the State of Florida, whose post office address is 1 100 Simonton Street, Suite 205, Key West, FL
33040, in reference to the property ("Property") known as:
Legal Description: A parcel of land on Big Pine Key. Monroe County, Florida, lying and being
in Section 25, Township 66 South, Range 29 East, and described by metes
and bounds as follows: Commencing at the Northwest corner of Block 33
of "SANDS SUBDIVISION", as recorded in Plat Book 1, Page 65 of the
Public Records of Monroe County, Florida, thence S89°52'00"E along the
Southerly Right-of-Way line of Avenue "F" for a distance of 363.00 feet to
the Northeast corner of lands described in Official Records Book 3178, at
Page 2357 of the Public Records of Monroe County, Florida; thence
SOO'00'00"W along the Easterly boundary line of the said lands described
in Official Records Book 3178, at Page 2357 of the Public Records of
Monroe County, Florida, for a distance of 50.00 feet to the Point of
Beginning of the parcel of land hereinafter described; thence S89°52'00"E
along the Southerly boundary line of the lands described in Official Records
Book 2975, at Page 2390 of the Public Records of Monroe County, Florida
and the Southerly boundary line of the lands described in Official Records
Book 3150, at Page 1367 of the Public Records of Monroe County, Florida,
for a distance of 112.00 feet to a point on the Westerly boundary line of said
lands described in Official Records Book 3150, at Page 1367 of the Public
Records of Monroe County, Florida; thence S00°00'00"W along the
Westerly boundary line of said lands described in Official Records Book
3150, at Page 1367 of the Public Records of Monroe County, Florida, for a
distance of 40.00 feet to a point on the Northerly boundary line of said lands
described in Official Records Book 3210, at Page 2484 of the Public
Records of Monroe County, Florida; thence N89°52'00"W along the
Northerly boundary line of the lands described in Official Records Book
3210, at Page 2484 of the Public Records of Monroe County, Florida and
the Northerly boundary line of the lands described in Official Records Book
3146, at Page 0280 of the Public Records of Monroe County, Florida, for a
distance of 112.00 feet to a point on the Easterly boundary line of said lands
described in Official Records Book 3178, at Page 2357 of the Public
Records of Monroe County, Florida; thence N00°00'00"E along the said
Easterly boundary line of the lands described in Official Records Book
3178, at Page 2357 of the Public Records of Monroe County, Florida, for a
distance of 40.00 feet back to the Point of Beginning.
Less and except any portions, of the above described parcel, lying below
the Mean High Water Line, to which the State of Florida may claim any
interest or ownership in.
Containing 4,479.99 Square Feet, more or less.
f/k/a- The North 40 feet of Lot 7, Square 33, Sands Subdivision, according
to the map or plat thereof as recorded in Plat Book 1, Page 65, Public
Records of Monroe County.
E 9: 00304550-000000
Address: 31486 Avenue F, Big Pine Key, Florida 33043
conveyed by the Deed between Atul Kumar,participating in a federally assisted acquisition project
("Grantor"), and Monroe County, ("Grantee"), its successors and assigns:
WHEREAS, Hurricane Irma impacted the Florida Keys on September 10, 2017, destroying or
majorly damaging over 4,000 residential structures in Monroe County, and
WHEREAS, in response to the impacts statewide of Hurricane Irma,the Department of Economic
Opportunity ( EO) developed a Community Development Block Grant - Disaster Recovery
(CDBG- ) Action Plan that detailed how the State will administer the funds statewide. The
Action Plan includes the Voluntary Home Buyout Program (VHBP) which was created to acquire
properties that are in high-risk flood areas, to reduce the impact of future disasters, and to assist
property owners to relocate to less risk prone areas~ and,
WHEREAS, Monroe County was awarded $15 Million in CDBG-DR funding for the creation
and implementation of a VHBP for unincorporated portions of the County. The County adopted
Resolution 150-2020 to accept and execute the VHBP DEO Subrecipient Agreement for the
CDBG-DR funding on May 20, 2020, which was amended by an Amendment to the VHBP
Subrecipient Agreement approved on March 17, 2021, making the County a VHBP grantee; and
WHEREAS, the Subrecipient Agreement requires the County to restrict VHBP acquired
properties to uses stated in the County`s grant application. The application included Resolution
224-2019 which stated the county's intention was to deed-restrict the properties in perpetuity to
open space uses, storm water improvements or to restore and conserve the natural floodplain
functions; and
NOW, THEREFORE, this DECLARATION is made from and after the Effective Date and
subject to the following terms and conditions:
1. Terms. Pursuant to the terms of the Subrecipient Agreement 10092 dated June 4, 2020, the
following conditions and restrictions shall apply in perpetuity to the Property described in
the attached deed and acquired by the Grantee pursuant to CDBG-DR requirements
concerning the acquisition of the Property:
a. Compatible uses. The Property shall be dedicated and maintained in
perpetuity to open space uses, storm water improvements or to restore and
conserve the natural floodplain functions.
b. Structures. Construction of new structures is only allowed where:
i. A public building is open on all sides and functionally related to a
designated open space use.
ii. The structure is a public rest room; or
iii. The structure is compatible with the uses proposed included in
paragraph l.a., and has DEO approval in writing before the
construction of the structure begins.
Any new structures built on the Property according to the subparagraph b.
above will be elevated or flood-proofed to the Base Flood Elevation( FE)
plus two foot of freeboard as defined in the Federal Register 24 CF
55.2(b)(10), or as amended and defined in the Federal Register, and meet
applicable requirements of the National Flood Insurance Program (NFI )
floodplain management regulations or local codes.
C. Disaster Assistance and Flood Insurance. After settlement, no federal
disaster assistance for any purpose from any federal source, nor flood
insurance payments will be made with respect to the Property,and no person
or entity shall seek such amounts.
. Transfer. The subrecipient must obtain the approval of DEO before
conveying ownership (fee title) of the Property to another public agency or
qualified conservation organization. Property transfer to private citizens and
corporations will not be approved. All development rights in the form of a
conservation easement on the property must be conveyed to the
conservation organization or retained by the subrecipient or other public
entity.
2. Enforcement. The subrecipient must accept responsibility for monitoring and enforcing
this deed restriction and/or easement.
3. Amendment. This agreement may be amended upon signatures of DEO and the Grantee
only to the extent that such amendment does not affect the fundamental and statutory
purposes underlying the agreement.
4. Severability. Should any provision of this grant or the application thereof to any person or
circumstance be found to be invalid or unenforceable, the rest and remainder of the
provisions of this grant and their application shall not be affected and shall remain valid
and enforceable.
IN WITNESS WHEREOF,the undersigned has caused this DECLARATION to be signed by its
duly authorized representatives, as of the day and year first above written.
Grantee/COUNTY: NROE COUNTY, FLORIDA
ATTEST: Kevin Madok, CPA, Clerk
........ ............................................ 77m�-� 'a or
X�j ty Clerk
A-9
MONROE COUNTY ATTORNEY
e: APPROVED AS--TQ,FORM
K I"l,
ASSISTANT COUNTY ATTORNEY
5 'ary
Date: