1st Amendment 09/20/2023 Kevin Madok, cpA
Clerk of the Circuit Court& Comptroller-Monroe County, Florida
DATE: September 25, 2023
TO: Clin'stine Hurley, Executive Director
Monroe County lui(l Authority
ATTN: Cyntlila Guerra, Acquisition Manager
X'HBP Fair Housing Coordinator
FROM: Painela G Hanco(04wc.
SUBJECT: September 20' BOCC Meeting
Altaclic(l are the lollo"'Ing items for your liandling:
F6 I' Amendment an(l extension ol'Board-approml purchase agreement of*property,
funded by the Community Development Block Grant-Disaster Recovery Voluntary Home Buyout
Program in the amount of*$240,000.00.
F7 I" Amendment and extension ol'Boar(l-approve(l purcliase agreement of'property,
fun(le(l by die Community Development Block Grant-Disaster Recovery Voluntary Home Buyout
Program in the amount oi'$380,000.00.
F8 Resolution No. 292-2023 granting approval ol'a purchase agreement or property
fun(le(l by die Community Development Block Grant-Disaster Recovery Volun", Home Buyout
Progani in Ilic aniount ol'$1,115,000.00, execution ol'a restrictive covenant running with the land,
an(l niming one Market Rate - Rate of'Grog vdi Ordinance Exemption from the acquired property
to die A(Iiiiiiiistrativc Relief Pool for market rate allocation(s).
Should you liavc any questions please feel 1'rec to contact nic at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 330�40 Marathon, Flodda 33050 Plantation Key, Florida 33070
AMENDMENTONETO AGREEMENTFOR PURCHASE
BE,rWEEN MONROE COUN-ry ("BUYER") AND
A-rUL KUMAR ("SELLER") DA-rED FEBRUARY 15, 2023
This Amendment ("Amendment One") is made and entered into this 201h day of September. 2023
by and between NROE 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 Atul Kumar (herein referred to as "Seller");
wrrNESSE'rH:
WHEREAS, the Agreement for Purchase ("AGREEMENT-) between Buyer and Seller
was entered into the 15 Ih 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, DEO 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 DE O 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 rHEREFORE, in consideration of the mutual promises contained herein. the
AGREEMENT is amended as follows:
Section 1. Recitals and Lemislative Intent. 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, described by metes&bounds as follows: Commencing
at the Northeast Corner of Lot 10, Block 33 of Sands Subdivision as recorded in Plat Book
1, Page 65, of the Public Records of Monroe County, Florida, bear South 89 degrees and
52 minutes East along Avenue T", 163 Feet to the Point of Beginning bear South 89
degrees and 52 minutes East 81 feet, thence South 50 feet, thence bear North 89 degrees
and 52 minutes West 81 feet, thence North 50 feet back to the point of the beginning.
f/k/a
Part of Lot 7, Square 33, Sands Subdivision, as recorded in Plat Book 1, Page 65, of the
Public Records of Monroe County, Florida, as set forth in that conveyance recorded in
Official Records Book 463, Page 362-3, of the Public Records of'Monroe County, Florida
Paragraph 3.1 is stricken and replaced with the following:
Para rah 3.1 — Contin rencies. Seller(s) shall vacate the property within 270 days from
the date of this contract or by the vacancy inspection date, whichever is earlier. IT 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:
Pa -!EqgEqft 7_LoXL 11 yevance Date of Closing/Possession. Conveyance will be made subject
to all casements 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 AGREE MENT remain unchanged by this
Amendment, and continue in full force and effect.
4Xh-V
IN WITNESS WHEREOF, each party caused this Amendment to the Agreement to be
executed by its duly authorized representative.
Seller/ A Kumar
Siena `A
Date Phone Number
COUNTY: MONROECOUNTY, FLORIDA
KEVIN MADOK, CPA, Clerk
By:
As Deput, Clerk
MONROE COUNTY ATTORNEY
1 AS - ,'l UOT)M
APPROVED
ASSISTANT COUNTY ATTORNEY
13
DATE
M
rn c--)
•
-TI
Return to:
Wright Barm*ws, PLLC'
540Kcy Deer Blvd
Big Pine Key, FL 33043
305-872-1050
------------------ SpaceAbmve this Line for Recording -----------------------------------
DECLARATIONOF RESTRICTIVE COVENANT RUNNING WITH THE LAND
AND DECLARATION OF RESTRICTION ON FUTURE DEVELOPMENT
This Declaration of Restrictive Covenant is csccuhcd as of the ________1h day of
, 2023 (the -Effective Date" h� MonroeCounty, u political subdivision of
the State of Florida, whose post office address is | 100 Simonton Street, Suite 205` Key West, FL
33040, in reference to the property ("Property") known as:
Legal Description: /\ parcel o[land on Big Pine Key, Monroe County, Florida, lying and being
in Section 25, Township hh South, Range 29 East, described by nuctcs &
bounds as follows: Commencing u\ the Northeast Comer of Lot |0, Block
33 of Sands Subdivision as recorded in P|u1 Book |, Page 65, of the Public
Records of Monroe County, Florida, bear South 09 degrees and 52 minutes
East along Avenue ''F", 163 Feet to the Point of Beginning bear South 89
degrees and 52 minutes East 8| feet,thence South 50 feet,thence bear North
89 degrees and 52 minutes West 01 feet, thence North 50 feet back to the
point o[the beginning.
|7k/u—Part o[Lot 7` Square 33, Sands Subdivision,as recorded in P|n1 Book
|, Page 05` of the Public Records o[Monroe County, Florida, us set forth in
that conveyance recorded in Official Records Book 463, Page 302-3, of the
Public Records of Monroe County, Florida
RE #: 00304430-000100
Address: 31404 Avenue F, Big Pine Key, Florida 33043
conveyed by the Deed between/\\u| Kumar, participating in u federally assisted acquisition project
("Grun\nr"), and Monroe County, ("Grun\ee"), its successors and assigns:
WHEREAS, Hurricane /rnou impacted the Florida Keys on September |0` 20|7, destroying or
nooyor|y damaging over 4`000 residential structures in Monroe County-, and
WHEREAS, in response to the impacts statewide ofHurricane Irma,the Department o[Economic
Opportunity (0E[)) developed a Community 0cvc|npnocn1 Block Grant - Disaster Recovery
(C0BG-DR) Action Plan that detailed how the State will administer the funds statewide. The
Action Plan includes the Voluntary Bnnue Buyout Program (VBBP) which was created \oacquire
properties that are in high-risk flood areas, to reduce the impact of future disasters, and to assist
property owners \n relocate 10 less risk prone areas, and,
WHEREAS, Monroe County was uvvurdcd $15 Million in C0BG-DR funding for the creation
and implementation of \/BBP for unincorporated portions of the County. The County adopted
Resolution 150'2020 to ncocpi and execute the \/BBP 0E(} Subreoipicnt /\gnccnocni for the
[[}B(]-[}R funding on May 20, 2020, which was amended by an Amendment to the \/BBP
Subrcoipicnt Agreement approved onMarch |7, 202\, making the County u \/BBP grantee-, and
WHEREAS, the Subrcoipicni /\grccnocni requires the County to restrict \/BBP acquired
properties to uses stated in the Couniy`s grant application. The application included Resolution
224-2019 which stated ihcoounty`s intention was to deed-restrict the properties in perpetuity to
open space uses, storm water improvements or to restore and conserve the natural Ooodp|uin
functions; and
NOW, THEREFORE, this 0EC[/\R/\Tl(}N is made from and u/tcr the Effective [}ate and
subject tmthe following terms and conditions:
|. Terms. Pursuant to the terms of the Subrecipient Agreement 10092 dated June 4, 2020, the
following conditions and restrictions shall apply in perpetuity imthe Property described in
the attached deed and acquired by the (],uniec pursuant to C[}B(]-[}0 requirements
concerning the acquisition m[the Property:
a. Compatible uses. The Property shall be dedicated and maintained in
perpetuity to open space uses, sim,no vvutcr inoprmvcnocnis or to restore and
conserve the natural Ommdp|uin functions.
b. Structures. Construction m[new structures is only allowed where:
i. /\ public building is open mnall sides and functionally related tma
designated open space usc.;
ii The structure isupublic rest romno� or
iii The structure is omnopn1ib|c with the uses proposed included in
paragraph \.a` and has 0E(} approval in vvddng before the
construction m[the structure begins.
Any new structures built on the Property according imthe subparagraph b.
above will bc elevated o, flood-proofed imthe Base Flood Elevation (BFE)
plus two foot of freeboard as defined in the Federal Register 24 CFR
55.2(b)(10), or as unocndcd and defined in the Fcdc,u| Register, and meet
applicable requirements o[the National Flood Insurance Program ONFlP\
Doodp|uin management regulations o, local codes.
C. 0isosic, Assistance and Flood Insurance. /\|tcr scii|enocni` no federal
disaster assistance for any purpose from any federal source, no, flood
insurance payments will be made with respect to the Property,and no person
or entity shall seek such amounts.
d. Transfer. The sub,eoipieni must obtain the approval of [}E(} before
conveying ownership (fee title) of the Property to another public agency or
qualified conservation organization. Property transfer io 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: MONROE COUNTY, FLORIDA
ATTEST: Kevin Madok, CPA, Clerk
Al" .......... ---------------------------------- —uty Clerk Craig tes�,ea�or
MONROE COUNTY ATTORNEY
APPROVED AST FORM
Date:
KEI-.,I,Y iAN
ASSISTANT COUN rY ATTORNEY
Date: