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Item G08 G8 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting February 21, 2024 Agenda Item Number: G8 2023-2066 BULK ITEM: No DEPARTMENT: Land Authority Governing Board TIME APPROXIMATE: STAFF CONTACT: Christine Hurley 9:25 AM AGENDA ITEM WORDING: Approval of a resolution authorizing the conveyance of real property described as Block 11, Lot 12, Tropical Bay Third Addition(PB 5-81) on Big Pine Key to Monroe County for density reduction subject to a Land Use Restriction Agreement(LURA). ITEM BACKGROUND: The Land Authority is in the process of purchasing Block 11, Lot 12, Tropical Bay Third Addition on Big Pine Key for ROGO Administrative Relief and density reduction using funding from the Land Authority's ROGO Reserve Fund. Density reduction lots are maintained by the BOCC and Monroe County has already acquired a number of density reduction lots in the Tropical Bay neighborhood. The proposed resolution authorizes the Land Authority to convey the property to Monroe County so the property can be managed in a coordinated manner with the other County owned lots in the neighborhood. Consistent with the County's density reduction goals, the conveyance will be subject to a Land Use Restriction Agreement (LURA) extinguishing the property's density but allowing the County to sell the property. Estimated Closing Costs: • Sales Price: $0 • Closing Fee: $250 • Attorney Fee: $475 • Recording Fees: $79 • Total Cost: $804 ADVISORY COMMITTEE ACTION: On February 1, 2024 the Committee voted 510 to recommend approval of the proposed resolution. 2207 PREVIOUS RELEVANT BOCC ACTION: December 13, 2023 BOCC approved Resolution 572A-2023 INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Proposed MCLA Resolution.pdf Aerial Photograph.pdf FINANCIAL IMPACT: N/A 2208 RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING THE CONVEYANCE OF REAL PROPERTY DESCRIBED AS BLOCK 11, LOT 12, TROPICAL BAY THIRD ADDITION (PB 5-81) ON BIG PINE KEY TO MONROE COUNTY FOR DENSITY REDUCTION SUBJECT TO A LAND USE RESTRICTION AGREEMENT (LURA). WHEREAS, the Monroe County Board of County Commissioners (hereinafter"BOCC") approved Resolution 572A-2023 approving the request for Administrative Relief made by Thomas Rothdeutsch on the above referenced property (hereinafter "Subject Property") in the form of a purchase offer from the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority"); and WHEREAS, the Land Authority has contracted to purchase the Subject Property for density reduction and said purchase will be funded from the Land Authority's Rate of Growth Ordinance (ROGO) Reserve Fund; and WHEREAS, Density Reduction lots are maintained by the BOCC and the BOCC has requested the Land Authority convey the Subject Property to Monroe County subject to a Land Use Restriction Agreement; and WHEREAS, on February 1, 2024, the Land Authority Advisory Committee voted x/x to recommend of this resolution; NOW, THEREFORE BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY: Section 1. The above recitals are true and correct and incorporated herein. Section 2. The Land Authority is hereby authorized to convey the Subject Property to Monroe County subject to the Land Use Restriction Agreement shown in Attachment"A" restricting use of the Subject Property to density reduction in accordance with Section 380.0666(3)(a), Florida Statutes. Section 3. This resolution shall take effect immediately upon its adoption. Page 1 of 2 2209 PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this_day of 2024. Commissioner Craig Cates Commissioner Michelle Lincoln Commissioner Holly Raschein Commissioner Jim Scholl 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 2210 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 11, LOT 12, TROPICAL BAY THIRD ADDITION (PB 5-81) ON BIG PINE KEY WITH PARCEL ID#00314240-000000. THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made and entered into as of the day of , 20_, between MONROE COUNTY (hereinafter "County") and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter "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 legally described as Lot 12, Block 11, Tropical Bay Third Addition as recorded in Plat Book 5, Page 81, of the Public Records of Monroe County, Florida (hereinafter "Subject Property") located at 30499 Hawk Lane, bay side of Big Pine Key, with Parcel ID Number 00314240-000000. B. The County has adopted Resolution xx-xxxx nominating the Subject Property for purchase by the Land Authority, with subsequent conveyance to the County for density reduction purposes. C. The Land Authority has adopted Resolution xx-xxxx and has contracted to purchase the Subject Property. D. As a condition of the Land Authority purchasing the Subject Property, the County has agreed that the Subject Property shall only be used consistent with Florida Statutes 380.0666 (3)(a) for density reduction. 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 the Land Authority do hereby contract and agree as follows: Page 1 of 6 2211 ARTICLE I COMPLIANCE WITH LAND AUTHORITY REQUIREMENTS In order to comply with the Land Authority's requirements pursuant to section 380.0663(1),etseq.,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 the County. 1.02 Use of the Subject Property shall be restricted as to density and therefore all density associated with the land is hereby extinguished and the Subject Property hereby and always shall have no density. Consistent with Article VII,Division 2 of the Monroe County Code, the Subject Property may be resold subject to this Land Use Restriction 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 The Land Authority has purchased the Subject Property and is donating same to the County. In consideration of said donation, 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 by the County 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. 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 2212 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 the 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 parry to whom such notice or other communication has been sent. Page 3 of 6 2213 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 2214 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT BLOCK 11, LOT 12, TROPICAL BAY THIRD ADDITION (PB 5-81) ON BIG PINE KEY WITH PARCEL ID#00314240-000000. IN WITNESS WHEREOF, the County and the 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 Holly Merrill Raschein 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 Holly Merrill Raschein 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 2215 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT BLOCK 11, LOT 12, TROPICAL BAY THIRD ADDITION (PB 5-81) ON BIG PINE KEY WITH PARCEL ID#00314240-000000. IN WITNESS WHEREOF, the County and the 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 2216 Block 11, Lot 12, Tropical Bay 3rd Addition Big Pine Key 01 i F 4 �JYK�N, � lu i ji ✓% io///jam' r �� � /����" �Y➢ Y ��I p 2217