Item G13 G13
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: G13
2023-2119
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 purchase of Block 2, Lots 8
and 9, Hibiscus Park(PB 3-166)with Parcel ID#s 00507510-000000 and 00507520-000000 commonly
known as 15 and 17 Hibiscus Lane, Tavernier, FL, for affordable housing; and authorizing the
conveyance of the property (excluding 2 Rate of Growth Ordinance (ROGO) exemptions) to Monroe
County subject to a Land Use Restriction Agreement (LURA).
ITEM BACKGROUND:
The Land Authority is in the process of purchasing Block 2, Lots 8 and 9, Hibiscus Park(PB 3-166)
with Parcel ID#s 00507510-000000 and 00507520-000000 commonly known as 15 and 17 Hibiscus
Lane, Tavernier, Florida for the purposes of affordable housing redevelopment. On June 21, 2023, the
Board of County Commissioners approved Resolution 224-2023 (attached), which awarded Habitat for
Humanity of the Upper Keys, Inc. 10 affordable ROGO allocations for future affordable housing
development. In June, 2023, Lindsay Fast, Executive Director of the Upper Keys Habitat for Humanity
asked the Monroe County Land Authority to assist in securing land for affordable housing
development.
The two lots at 15 and 17 Hibiscus Lane are under contract for purchase by the Monroe County Land
Authority and are candidates for Upper Keys Habitat for Humanity for redevelopment as affordable
housing.
Since Habitat has 10 affordable allocations, the Monroe County Land Authority will keep the 2 ROGO
Exemptions for future use at an alternate site. Habitat can use 2 of their 10 affordable ROGO
allocations toward redevelopment of these two sites.
The Land Authority requires a Land Use Restriction Agreement(LURA) to be recorded in land records
and enforced by the Board of County Commissioners, to assure the development on these sites remains
affordable in perpetuity consistent with the Florida Statute governing Land Authority activities.
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ADVISORY COMMITTEE ACTION: On February 1, 2024 the Advisory Committee considered this
purchase and voted 510 to recommend approval.
PREVIOUS RELEVANT BOCC ACTION:
June 21, 2023 BOCC approved Resolution 224-2023
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
MCLA Proposed Resolution and LURA (LJ Gators).pdf
BOCC Resolution 224-2023
Aerial Photograph
Habitat for Humanity Upper Keys Request Letter.pdf
FINANCIAL IMPACT:
N/A
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RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY
AUTHORIZING THE PURCHASE OF BLOCK 2, LOTS 8
AND 9, HIBISCUS PARK (PB 3-166) WITH PARCEL ID#S
00507510-000000 AND 00507520-000000 COMMONLY
KNOWN AS 15 AND 17 HIBISCUS LANE, TAVERNIER, FL,
FOR AFFORDABLE HOUSING; AND AUTHORIZING THE
CONVEYANCE OF THE PROPERTY (EXCLUDING 2 RATE
OF GROWTH ORDINANCE (ROGO) EXEMPTIONS) TO
MONROE COUNTY SUBJECT TO A LAND USE
RESTRICTION AGREEMENT (LURA).
WHEREAS, Monroe County (hereinafter "County") desires the Monroe County
Comprehensive Plan Land Authority (hereinafter "Authority") to purchase Block 2, Lots 8
and 9, Hibiscus Park (PB 3-166) with a Parcel ID#s 00507510-000000 and 00507520-
000000 commonly known as 15 and 17 Hibiscus Lane, Tavernier, Florida, (hereinafter
"Subject Property") for affordable housing; and
WHEREAS, the County adopted Resolution XXXX-XX nominating the property for
purchase by the Authority; and
WHEREAS, purchase 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 property owner has agreed to sell the site to the Authority; and
WHEREAS, the Authority wishes to assist the County in acquiring the subject property
for development as affordable housing.
WHEREAS, Habitat for Humanity of the Upper Keys, Inc. reserved 10 affordable
housing units from the County under Resolution 224-2023 for use in developing Upper
Keys sites with affordable housing, which eliminates the need for the existing 2 Rate of
Growth Ordinance (ROGO) Exemptions on the site; and
WHEREAS, the existing 2 Rate of Growth Ordinance (ROGO) Exemptions are not
needed to develop the Subject Property and therefore, the Authority will keep the 2 Rate
of Growth Ordinance (ROGO) Exemptions for future use on other sites; and
WHEREAS, the Land Authority Advisory Committee considered this purchase on
February 1, 2024 and voted 5/0 to recommend approval;
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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 purchase the Site for the purchase
price of$530,000 plus closing costs for the County.
Section 3. The County will utilize the site for affordable housing.
Section 4. The Chairman of the Land Authority is hereby authorized to execute a Land
Use Restriction Agreement (LURA) shown in Attachment "A" to assure the land is used
in accordance with Florida Statutes 380.0666 (3)(a), powers of land authority including
affordable housing.
Section 5. 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 2024.
Commissioner Craig Cates
Commissioner Michelle Lincoln
Commissioner Holly Raschein
Commissioner James 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
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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
Two Lots in Hibiscus Park Subdivision
15 and 17 Hibiscus Lane Ocean side of Key Largo near MM 101
Legal: Block 2, Lots 8 and 9, Hibiscus Park (PB 3-166)
Parcel ID# 00507510-000000 and 00507520-000000
THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made
and entered into as of the day of , 2024, 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 2, Lots 8 and 9, Hibiscus Park Subdivision as
recorded in Plat Book 3, Page 166 of the Public Records of Monroe County, Florida
(hereinafter "Subject Property"). The Subject Property has street addresses of 15 and 17
Hibiscus Lane in Key Largo, Florida and Parcel ID#s 00507510-000000 and 00507520-
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 affordable
housing.
C. The Land Authority has adopted Resolution XX-XXXX authorizing purchase of
the Subject Property.
D. As a condition of Land Authority purchasing the Subject Property, County has
agreed thatthe Subject Property shall only be used consistentwith Florida Statutes 380.0666 (3)(a)
for affordable housing and shall be leased to Habitat for Humanity of the Upper Keys, Inc.
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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, County and Land Authority do hereby contract and agree as follows:
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 County.
1.02 Use of the Subject Property shall be restricted to affordable housing consistentwith Section
380.0666, Florida Statute which requires family income to be less than 160% of area
median income.
1.03 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 paid over $530,000 to purchase the Subject Property for the
County and 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,
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 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
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ARTICLE V
ENFORCEMENT
If County defaults in the performance of its obligations under this Agreement or breaches
any material covenant, agreement or warranty of 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 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 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 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, 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
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
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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
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COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
Two Lots in Hibiscus Park Subdivision
15 and 17 Hibiscus Lane Ocean side of Key Largo near MM 101
Legal: Block 2, Lots 8 and 9, Hibiscus Park (PB 3-166)
Parcel ID# 00507510-000000 and 00507520-000000
IN WITNESS WHEREOF, 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 Holly Raschein
Print:
Address: 1100 Simonton Street
Key West, Florida 33040
Approved as to form and legality
Nathalia Archer, Esq.
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by means of[ ] physical presence
or [ ] online notarization this day of , 20 by Holly 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
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COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
Two Lots in Hibiscus Park Subdivision
15 and 17 Hibiscus Lane Ocean side of Key Largo near MM 101
Legal: Block 2, Lots 8 and 9, Hibiscus Park (PB 3-166)
Parcel ID# 00507510-000000 and 00507520-000000
IN WITNESS WHEREOF, 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
or [] online notarization 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
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, ' f✓YtrF
2 RESOLUTION NO.224 - 2023
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF TEN LOW
6 INCOME CATEGORY AFFORDABLE ROGO ALLOCATIONS FOR
7 PROPOSED AFFORDABLE HOUSING DWELLING UNITS ON
8 PROPERTIES TO BE DETERMINED WITHIN UNINCORPORATED
9 MONROE COUNTY, AS REQUESTED BY HABITAT FOR
10 HUMANITY OF THE UPPER KEYS,INC.,UNTIL DUNE 21,2027,FOR
11 BUILDING PERMIT ISSUANCE.
12
13 WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject to
14 Area of Critical State Concern mandates relating to housing affordability) recognize the need for
15 affordable housing throughout the state and particularly in the Florida Keys where developable land for
16 housing is extremely limited and expensive; and
17
18 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is
19 one requiring sensible and responsive use of residential unit allocations, including implementation of
20 long-term preservation mechanisms; and
21
22 WHEREAS, due consideration should be given to relevant factors such as the capacity for
23 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
24 affordable/workforce housing units; and
25
26 WHEREAS, Section 138-24(b)(2) of the Monroe County Land Development Code allows
27 the BOCC to authorize reservations for "the county housing authority, nonprofit community
28 development organizations,pursuant to Section 139-1(e),and other public entities established to provide
29 affordable housing by entering into a memorandum of understanding with one or more of these
30 agencies"; and
31
32 WHEREAS, Habitat for Humanity of the Upper Keys, Inc., is proposing to develop ten
33 affordable-employee housing units; and
34
35 WHEREAS, the reservation of affordable housing allocation for the anticipated units does not
36 exempt the units from applicable requirements for the Monroe County Comprehensive Plan and Code(s),
37 the Florida Building Code, floodplain management regulations, and other like requirements; and
38
39 WHEREAS, Habitat for Humanity of the Upper Keys, Inc., shall obtain all required approvals
40 from the Monroe County Planning& Environmental Resources Department for the units; and
41
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I WHEREAS, Habitat for Humanity of the Upper Keys, Inc., shall obtain permits for the
2 affordable-employee housing dwelling units by June 21, 2027, but if the permit for a reserved ROGO
I allocation housing unit is not issued by that time, the allocation will revert to the County;
5 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
8 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if fully set
18 forth herein.
I I Section 2. The Monroe County Planning Department shall reserve ten(10)low income category
12 affordable ROGO allocations, for Habitat for Humanity of the Upper Keys, Inc. ("Developer"), for
13 development of affordable-employee housing dwelling units on sites to be detennined within unincorporated
1J Monroe County, until June 21, 2027.
16 Section 3. The developer must obtain the building permits for the ten affordable housing units
19 on or before June 21, 2027.
19 Section 4. The developer shall comply with all provisions of the Monroe County Code(s),
20 Monroe County Comprehensive Plan, Florida Building Code, and shall comply with all applicable floodplain
41 management regulations,and any other oversight agencies and their respective regulatory requirements.
23 Section 5. The Planning and Environmental Resources Department and Building Department
24 staffs are hereby authorized to expeditiously process permit related applications for the above referenced
Japroject when received.
27 Section 6. Construction and Interpretation.The construction and interpretation of this
28 resolution and all Monroe County Comprehensive Plan provision(s),Florida Building Code, Florida Statutes,
29 and Monroe County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
30 connection with this resolution shall be liberally construed and enforced in favor of Monroe County to
31 effectuate its public purpose(s) and policy(ies) of the County,and shall be deferred in favor of the BOCC and
32 such construction and interpretation shall be entitled to great weight in adversarial administrative proceedings,
14 at trial,bankruptcy, and on appeal.
35 Section 7. ��Jab�ili . Monroe County expressly reserves and in no way shall be deemed to
36 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any
37 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
J§ liability.
40 Section 8. aElElatffill. If any provision of this resolution,or any part or portion thereof, is
41 held to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction,
42 the invalidity or unenforceability of such provision,or any part or portion thereof,shall neither limit nor impair
43 the operation, enforceability, or validity of any other provision of this resolution, or any remaining part(s) or
44 portion(s) thereof. All other provisions of this resolution, and remaining part(s) or portion(s) thereof, shall
igcontinue unimpaired in full force and effect.
47 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
J§ at a regular meeting held on the 2151 day of June, 2023.
50 Mayor Craig Cates Absent
51 Mayor Pro Tem Holly Merrill Raschein .-.-Yes
52 Commissioner Michelle Lincoln Yes
53 Commissioner James Scholl Yes
�i Commissioner David Rice Absent
56 BOARD OF COUNTY �,,OM I�S�, )NERS OF MONROE
57 COUNTY, FLORID�
58 BY:
59 Mayor Pro Tern
60
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MONROE COUNTY ATTORNEY
Aplllll� ED
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7 AS DEPUTY CLERK
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2272
Block 2, Lots 8 and 9, Hibiscus Park
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Habitat for Humanity of the Upper Keys, Inc.
Building houses in partnership with God's people in need
Monroe County Land Authority,
Attn: Christine Hurley
1100 Simonton Street,
Key West, FL 33040
February 5, 2024
Dear Ms Hurley,
Habitat for Humanity of the Upper Keys (HfHUK) wanted to express its interest in leasing the
following 3 sites for the purpose of building affordable housing:
15 Hibiscus Lane in Key Largo, RE:00507510-000000
a 17 Hibiscus Lane in Key Largo, RE: 00507520-000000
• 159 Florida Avenue in Key Largo, RE: 00479430-000000
At the first two requested sites (15 & 17 Hibiscus Lane), Habitat proposes our standard single-
family home design on each. These are 3-bedroom, 2-bathroom approximately 1,100 square
foot stilted homes.
For the 3rd listed location on Florida Avenue, HfHUK would like to explore the option of 6
attached multi-family dwelling units. However, we will need to work with the Monroe County
Planner, as well as an architect, to finalize our proposal and approach to this parcel.
These 3 properties would offer another potential 8 units of critically needed affordable housing
in Monroe County. In addition, it's important to note that Habitat Upper Keys constructs with
accessibility, durability and sustainability standards, including EnergyStar, Indoor airPLUS
and WaterSense requirements, plus we attempt to utilize local contractors when feasible.
We look forward to partnering with the County on these 3 projects. Feel free to let me know if
you have any questions or need anything further from myself or my Board of Directors.
Regards,
IR4-
�M
i d ay Fast
Executive Director
HABITAT FOR HUMANITY OF THE UPPER KEYS INC.IS A 501-C(3)NON-PROFIT ORGANIZATION..
OUR TAX ID NUMBER IS 65-0169353 OUR STATE REGISTRATION NUMBER IS CH17219,A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL
INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL FREE(800)435-7352 WITHIN THE STATE.
REGISTRATION DOES NOT IMPLY ENDORSEMENT,APPROVAL OR RECOMMENDATION BY THE STATE.
(305)453-0050 * P.O. Box 2151,Key Largo,FL 33037 * info@habitatupperkeys.org
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