Item F3 F3
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
March 20, 2024
Agenda Item Number: F3
2023-2203
BULK ITEM: Yes DEPARTMENT: County Land Acquisition And Land
Management
TIME APPROXIMATE: STAFF CONTACT: Cynthia Guerra
AGENDA ITEM WORDING:
Approval of a Resolution granting approval of a purchase agreement for property funded by the
Community Development Block Grant Disaster Recovery (CDBG-DR) Voluntary Home Buyout
Program (VHBP) in the amount of $825,000.00, execution of a restrictive covenant running with the
land, and moving one 1 Market Rate, Rate of Growth Ordinance ROGO Exemption from the acquired
property to the Administrative Relief pool for market rate allocations; as well as rescinding Resolution
No. 041-2023, which approved a prior purchase agreement, restrictive covenant, and movement of 1
ROGO exemption; and rescinding an extension of the prior purchase agreement.
ITEM BACKGROUND:
Consistent with State Statute 119.071(5)(f)(1.)(b), staff has omitted/redacted the homeowner's names,
address and other identifying information as adopted during the 2020 legislative session. This statute
provides an exemption from public records requirements for personal identifying information for the
purpose of disaster recovery assistance. Properties proposed for acquisition by the Voluntary Home
Buyout Program were affected by Hurricane Irma in 2017.
The Department of Economic Opportunity (DEO) awarded Monroe County $15 million in CDBG-DR
funding, via Subrecipient Agreement I0092, to acquire Irma-damaged properties in low to moderate
income areas or from households with low to moderate income. The State established Rebuild Florida
Voluntary Home Buyout Program Guidelines (attached as amended) and the County adopted priority
scoring in Resolution 56-2021 (attached) to assist with program implementation.
With the assistance of Tetra Tech, the consultant retained to assist in program administration, the
County is acquiring property that was damaged by Hurricane Irma. The acquisition is being made to
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reduce the impact of future disasters by acquiring properties that are in high-risk flood areas. 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.
On January 18, 2023, the Board approved Resolution 041-2023 that included the Purchase Agreement
with the property owner who had agreed to sell the property for the price of$825,000.00. The purchase
price is based on an appraisal completed pursuant to the program's requirements. The property owner
had also agreed to surrender all development rights or ROGOs vested in the property. Resolution 041-
2023 approved the Purchase Agreement and Restrictive Covenant, and approved the movement of a
market rate ROGO exemption from the property to the administrative relief pool for market rate
allocations. The Purchase Agreement was extended through an Amendment approved by the Board on
April 19, 2023. The extension was necessary to accommodate a delay in processing of the Agreement
during a DEO monitoring event that took place in January and February of 2023. The matters that
resulted from the monitoring were resolved in early 2024 allowing the County to move forward with the
acquisition. In the interim, the owner has unfortunately passed away and the time to convey the
property under the prior agreement has passed.
In February 2024, the Representative of the Owner's Estate was approved by DEO to continue with the
sale of the property to the County through the VHBP, under all of the same terms and conditions of the
prior agreement. Therefore, this item will serve to Rescind Resolution 041-2023, as well as the
Purchase Agreement, Amendment to the Purchase Agreement and Restrictive Covenant that were
executed in 2023, and Replace those documents with a new Resolution approving the transaction with
the Representative of the Owner's Estate.
DEO has reviewed and provided approval of the acquisition per the terms of the Subrecipient
Agreement. The new redacted Purchase Agreement and Restrictive Covenant are attached.
Monroe County has identified 1 ROGO exemption on the property. Upon adoption of this resolution,
the Planning and Environmental Resources Department shall move one(1) Market Rate ROGO
Exemption into the ROGO Administrative Relief pool for market rate allocations.
PREVIOUS RELEVANT BOCC ACTION:
On July 22, 2019, the BOCC approved the CDBG-DR VHBP grant application to DEO (Agenda Item
B.1).
On May 20, 2020, the BOCC approved Resolution 150-2020 allowing the county to execute the CDBG-
DR VHBP Subrecipient Agreement with DEO (Agenda Item D.2).
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On February 17, 2021, the BOCC approved Resolution 56-2021 updating the local program
prioritization criteria for the Voluntary Home Buyout Program (Agenda item D.5).
On January 18, 2023, the BOCC approved Resolution 041-2023 that included the Purchase Agreement,
Restrictive Covenant, and ROGO transfer.
On April 19, 2023, the BOCC approved an extension of the Purchase Agreement.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
DEO April 2023 guidelines.pdf
Resolution 056-2021 Final approved -Updating County Criteria.pdf
00070 resolution for VHBP purchase covenant and Adm R Pool for Estate—CAO signed redacted.pdf
00070 Estate Purchase Agreement—Seller-CAO_signed Redacted.pdf
00070 Estate Restrictive Convenant CAO signed Redacted.pdf
00070 Mayor signed VHBO Reso. 041-2023 with attachments—Redacted.pdf
00070 Extension to Purchase Agreement—BOCC executed—Redacted.pdf
FINANCIAL IMPACT:
Effective Date: Effective upon execution by Monroe County and closing of real estate transaction
Expiration Date: NA
Total Dollar Value of Purchase Agreement: $825,000 plus closing costs
Total Cost to County: $0
Current Year Portion: NA
Budgeted: No
Source of Funds: CDBG-DR Voluntary Home Buyout Program
CPI: NA
Indirect Costs: NA
Estimated Ongoing Costs Not Included in above dollar amounts: NA
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Revenue Producing:NA If yes, amount:
Grant: $ 15 Million CDBG-DR Voluntary Home Buyout Program Grant
County Match: $ 0
Insurance Required: NA
Additional Details: NA
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FLORIDA DEFARTMENTf
PROGRAM GUIDELINES
This document provides guidelines for the
Fr"i requirements for the Hurricane Irma Voluntary
Home Buyout administered by the State of Florida
Department of Economic Opportunity (DEO). This
program is funded by the U.S. Department of
Rebuild Florida Housing and Urban Development (HUD) Community
Development Block Grant—Disaster Recovery
(CDBG-DR) allocation as described in Public Laws
Voluntary Home 115-56, 115-123, 116-20.
VERSION .
Buyout April 6, 2023
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Hurricane Irma Voluntary Home Buyout Guidelines
VERSION HISTORY
1.0 2/28/20219 Original Document
1.2 6/17/2021 Updated Anti Fraud Waste and Abuse section.
Changed formatting to mirror other OLTR guidelines.
Added Version History table
1.3 8/23/2021 Added Version Policy
Added Policy Change Control
Moved Definitions to precede Introduction
Added 9.1 Uniform Relocation Act Policy
1.4 12/17/2021
Added Appendix 1 Uniform Relocation Act(URA) Information
Removed definition of Pre-Event Fair Market Value
1.5 12/21/2021 Updated mentions of Pre-event to Post- Event Fair Market Value
Removed language related to pre-event FMV
Added Low Moderate Area Benefit and Low Moderate Housing Incentive to
Definitions.
Added clarifying language to 2.3 National Objectives including a reference to
national objective criteria stated in FIR Vol. 83, No. 28.
Added clarifying language on the LMI National Objective criteria Low Moderate
2.0 4/6/23 Housing Incentives (LMHI) and Low Moderate Area Benefits (LMA) to 2.4 How to
meet the National Objective. Removed language regarding ineligible national
objective to prevent confusion. Added language on the requirement to meet the
LMA criteria when acquiring second homes.
Added sections 4.1 Primary Residency and 4.2 Assistance to Second Homes.
Updated 5.2 Ineligible(Not Allowable)Costs with language clarifying the eligibility
of the purchase of second homes.
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Hurricane Irma Voluntary Home Buyout Guidelines
VERSION POLICY
Version history is tracked in the Version History Table (page i), with notes regarding version changes. Dates of
each publication are also tracked in this table.
Substantive changes in this document that reflect a policy change will result in the issuance of a new version of
the document. For example, a substantive policy change after the issuance of Version 1.0 would result in the
issuance of Version 2.0, an increase in the primary version number. Non-substantive changes such as minor
wording and editing or clarification of existing policy that do not affect interpretation or applicability of the policy
will be included in minor version updates denoted by a sequential number increase behind the primary version
number(i.e., Version 2.1, Version 2.2, etc.).
POLICY CHANGE CONTROL
Policy review and changes for the State of Florida Office of Long-Term Resiliency are considered through a change-
control process. Policy clarifications, additions, or deletions are needed during the course of the program to more
precisely define the rules by which the Program will operate. Program staff will document policy-change requests
that will be tracked in the program files. Requests are compiled and brought before supervisory staff in a policy
meeting. Subject matter experts working in a particular policy area or task area that will be affected by the policy
decision may be invited to assist in policy evaluation, if necessary. Policy meetings will be held as frequently as is
necessary to consider policy decisions critical to moving the Program forward in a timely manner. Policy decisions
will be documented and will result in the revision of the document in question.
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Hurricane Irma Voluntary Home Buyout Guidelines
TABLE OF CONTENTS
1.0 Definitions..................................................................................................................................................... 1
2.0 Introduction................................................................................................................................................... 2
2.1 Anti-Fraud, Waste, and Abuse................................................................................................................... 2
2.2 Application and Administration of the Buyout...........................................................................................3
2.3 National Objectives...................................................................................................................................3
2.4 How to meet the National Objective.........................................................................................................3
2.5 Locations ..................................................................................................................................................4
2.6 Prioritizing Projects...................................................................................................................................4
3.0 Property Valuation.........................................................................................................................................5
3.1 Appraisals.................................................................................................................................................5
3.2 Title and Legal Services.............................................................................................................................5
3.3 Environmental Reviews.............................................................................................................................6
4.0 Eligible Property Types and Requirements......................................................................................................7
4.1 Primary Residency.....................................................................................................................................7
4.2 Assistance to Second Homes.....................................................................................................................7
5.0 Project Eligibility............................................................................................................................................8
5.1 Eligible (Allowable) Costs..........................................................................................................................8
5.2 Ineligible (Not Allowable) Costs.................................................................................................................9
6.0 Award Determination .................................................................................................................................. 10
7.0 Award Calculation Methodology.................................................................................................................. 11
8.0 Duplication of Benefits Process.................................................................................................................... 12
9.0 Housing Replacement Assistance Determination.......................................................................................... 13
9.1 Uniform Relocation Act Policy................................................................................................................. 13
10.0 Open Space Restrictions............................................................................................................................. 14
Appendix 1: Uniform Relocation Act(URA) Information..................................................................................... 15
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Hurricane Irma Voluntary Home Buyout Guidelines
1.0 Definitions
100-year flood plain:The geographical area defined by FEMA as having a one percent chance of being inundated
by a flooding event in any given year.
500-year flood plain:The geographical area defined by FEMA as having a 0.2 percent chance of being inundated
by a flooding event in any given year.
CDBG-DR: Community Development Block Grant-Disaster Recovery.
Designated Area: The land determined by the subrecipient that is eligible for the Voluntary Home Buyout
Program.
Duplication of Benefits (DOB): Any assistance provided to a homeowner for the same purpose (i.e., for repair,
replacement or reconstruction) as any previous financial or in- kind assistance provided to a property owner for
the repair, replacement, or reconstruction of his or her home. Rebuild Florida is prohibited from creating a DOB.
This prohibition comes from the Robert T. Stafford Disaster Assistance and Emergency Relief Act (Stafford Act)
and therefore, these other sources of funds must be deducted from any potential award.
Eligible Property: A property that is located within designated areas or is located outside of the designated area
and is substantially damaged and is a health and safety risk.
Eligible receipts: Proof of payment for items that are strictly for rebuilding the disaster-affected structure.
Receipts must consist of permanent fixtures only, such as wood panels, drywall, paint, carpet, etc.
Ineligible receipts: Receipts for repairs that are completed on detached buildings such as garages or sheds, and
personal items such as food and clothing, gasoline, tools, and equipment.
Low Moderate Area Benefit(LMA): LMI National Objective criteria that may be met on an area basis, through an
activity which is available to benefit all the residents of an area where at least 51 percent of the residents are low-
and moderate income.The end use of the project must primarily benefit the LMI population of the project area.
Low Moderate Housing Incentive (LMHI) — Housing incentives tied to a voluntary buyout or other voluntary
acquisitions of housing owned by eligible Low-to-Moderate Income Households and provided for the purpose of
moving the eligible household outside the affected floodplain or to a lower-risk area, or improving residential
structures that will be occupied by an LMI household.
Low-to-Moderate Income(LMI):An income less than 80%of the local area median income.
Low-to-Moderate Income Household (LMH): A household with an income that is less than 80% of the local area
median income (AMI).
Post-event fair market value(FMV):The land and dwelling value for parcels, asdetermined by each subrecipient,
after the disaster.
Special flood hazard area (SFHA): means the area where the National Flood Insurance Program's (NFIP's)
floodplain management regulations must be enforced and the area where the mandatory purchase of flood
insurance applies.
Subrecipient: A city or a county that has applied for and has been awarded a CDBG-DR buyout project by the
Florida Department of Economic Opportunity(DEO).
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Hurricane Irma Voluntary Home Buyout Guidelines
2.0 Introduction
The Florida Department of Economic Opportunity(DEO) Office of Disaster Recovery(ODR) is the administrator of
a Community Development Block Grant—Disaster Recovery (CDBG-DR) program funded by the U.S. Department
of Housing and Urban development(HUD) under Public Laws 115-56 and 115-123.
DEO is the agency responsible for the administration of disaster funds allocated to housing, economic
development, and infrastructure activities. DEO is administering Rebuild Florida's Voluntary Home Buyout
Program.The purpose of Rebuild Florida's CDBG-DR Voluntary Home Buyout Program is to acquire properties that
are in a Special Flood Hazard Area(SFHA),and in high-risk flood areas to help reduce the impact of future disasters,
and to assist property owners to relocate outside the threat of flooding. To administer this program, city and
county governments that are within the Most Impacted and Distressed (MID) areas, as defined by HUD and DEO
in the 2018 State of Florida Action Plan for Disaster Recovery, may apply.
There are two options for cities and counties to apply for assistance under the Rebuild Florida Voluntary Home
Buyout Program.The first option is to use the available CDBG-DR funding as leverage to match funding for projects
that are also eligible for the Hazard Mitigation Grant Program(HMGP).The second option is to work with the cities
and counties directly in low-to moderate-income areas to acquire contiguous parcels of properties,and to acquire
property from low-to moderate-income households(LMH)with a focus on LMH that did not have flood insurance
at the time of Hurricane Irma.
Cities or counties participating in this program must purchase properties at the post-event fair market value(FMV)
of the land and the structure for all sellers that were owners of the property at the time of Hurricane Irma. For all
sellers that own the property post Hurricane Irma, post-event FMV must be used to purchase the property and
may not exceed the post-event FMV and properties located in the designated area must be deed-restricted to
remain green space in perpetuity. In addition to the post-event FMV of the property,eligible owners with qualified
income may also receive a housing replacement assistance incentive up to$25,000,and owners with non-qualified
income may receive a housing replacement allowance up to $10,000. All awards are subject to the Robert T.
Stafford Act, requiring that all funds used for disaster-related purposes be deducted as a duplication of benefit,
which is discussed in greater detail below.
2. 1 Anti-Fraud, Waste, and Abuse
Rebuild Florida constituents, employees and contractors may report suspected fraud, waste, or abuse by
contacting Constituent Management Services staff, submitting information via the Report Fraud, Waste or Abuse
online form (I ttl lra„!wf a„Ura„ „ora„!wL !w „I a„fl flralwi ai lw „Ia!2LI; (all contact information fields are optional to allow for
anonymity) or by sending an e-mail to cdl,,).g::: ..r......... ..nt..ii.ra..udwastea.I:).u!:`i.e..a�. .g.!2.,.!y.f.2.Li .a.c:om.
All suspected cases of fraud will be taken seriously, and complaints will be reported to OLTR's Compliance and
Reporting Manager and DEO's Office of the Inspector General at OIGCdeo.myflorida.com. If DEO's OIG
determines that it is appropriate, it will coordinate its investigation with agencies such as the Florida Office of the
Inspector General, the Florida Office of the Attorney General, or the Florida Department of Business and
Professional Regulation.
All substantiated cases of fraud, waste, or abuse of government funds will be forwarded to the United States
Department of Housing and Urban Development (HUD), Office of Inspector General (OIG) Fraud Hotline (phone:
1-800-347-3735 or email: ,L;c)v) and DEO's HUD Community Planning and Development (CPD)
Representative. OLTR must provide a timely response within 15 working days of the receipt of a complaint, as
stated in 84 FR 169.
Office of Long-Term Resiliency's comprehensive Anti-Fraud Waste and Abuse Policy can be found here.
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Hurricane Irma Voluntary Home Buyout Guidelines
2.2 Application and Administration of the Buyout
A city or county must apply for the CDBG-DR Voluntary Home Buyout Program offered in their community.At the
time of the application,the subrecipient identifies properties that would qualify for the program.A budget will be
determined based on the post-event FMV of all properties identified eligible for the program that were owned by
the sellers at the time of the disaster; however, all properties identified as eligible for the program that were
purchased post disaster will have budgets determined on the basis purchase price, which is not to exceed the
post-event FMV. If awarded, the city or county would enter into a contract with DEO to administer and oversee
their jurisdiction in which the program applies.
The property owners that apply for the voluntary home buyout program submit their applications directly to the
subrecipient. Once the local level of government approves an individual property owner's application for buyout
assistance, the subrecipient must submit the application to DEO for verification that the property is not receiving
or has not received Rebuild Florida housing repair or replacement assistance.A property owner cannot be eligible
for buyout assistance if the property owner has received CDBG-DR funding to repair the property. A subrecipient
may subcontract with a third-party administrator to administer the program for them.
2.3 National Objectives
The Voluntary Home Buyout Program will meet the Low- Moderate-Income (LMI) National Objective through the
Low Moderate Area (LMA) Benefit National Objective criteria, and the Low Moderate Housing Incentive (LMHI)
National Objective criteria. To meet LMA Benefit, per FIR Vol. 83, No. 28, VI.a(7)(b), properties acquired through
buyouts will be used in a way that benefits all the residents in an area where at least 51 percent of the residents
are low- and moderate-income persons. To meet the National Objective criteria of LMHI, the households to be
assisted must be LMI and occupy the replacement housing. Occupying replacement housing means that CDBG-DR
funds will be provided for an eligible activity that benefits the LMH by supporting their move from high risk areas.
2.4 How to meet the National Objective
The National Objective of the VHB program is LMI benefit.When undertaking buyout activities and to demonstrate
that a buyout meets the LMI National Objective, buyout programs can be structured in one of the following ways:
• LMI Housing Incentives(LMHI)—VHB eligible Housing incentives are incentives tied to a voluntary buyout
of housing owned by eligible LMI households which are provided for the purpose of moving the eligible
household outside the affected floodplain or to a lower-risk area, or improving the residential structures
that will be occupied by the LMI household. To meet LMHI criteria, the subrecipient must combine the
acquisitions of the properties with another direct benefit, such as the housing replacement assistance and
allowance program that Rebuild Florida has established as an incentive for the Voluntary Home Buyout
Program.
• LMI Area Benefit(LMA)-The subrecipient must meet LMA benefit criteria, provided that the subrecipient
can document that the properties acquired through the buyouts will be used in a way that benefits all the
residents in an area where at least 51 percent of the residents are LMI persons.When using this approach,
the subrecipient must define the service area based on the end use of the buyout properties.
Subrecipients must note in the project file which national objective criteria is being used to meet the LMI National
Objective.
Second homes acquired through the VHB, in accordance with the requirements outlined in 4.2 Assistance to
Second Homes, must meet the LMA criteria in order to meet the LMI National Objective and be considered eligible
for VHB.
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Hurricane Irma Voluntary Home Buyout Guidelines
2.5 Locations
Those counties that received a declaration of both FEMA Individual Disaster Assistance (IA) and Public Disaster
Assistance (PA) after Hurricane Irma are eligible to apply to DEO to be a subrecipient of funding and administer a
local Voluntary Home Buyout Program.
2.6 Prioritizing Projects
All local governments that apply will prioritize all home buyouts by focusing on acquisition of properties that are
in concentrated residential areas that meet the low- and moderate-income area definition. DEO will rate all
subrecipient applications by a process using a scoring method based on low- and moderate-income persons;
households that are occupied by the disabled,and persons that are 62 years of age and older; benefit target areas;
activity need and justification; cost reasonableness and effectiveness; environmental justice; and application
completion.
Each subrecipient can score a maximum 55 points per household plus an additional 15 bonus points for an early
submission and application completion.The scoring method will be as follows:
1. Benefit to LMI households—maximum of 20 points combined:
A. LMI household: 5 points.
B. LMI household that occupies anyone 62 or older: 5 points.
C. LMI household that occupies anyone under age 18: 5 points.
D. LMI household that includes anyone that is disabled, handicapped, or has special needs:5 points.
2. Low-and moderate-income households that did not have flood insurance at the time of the disaster: 10
points.
3. Matching contributions—maximum of 25 points combined:
A. Efforts leverage funding with HMGP: A maximum of 10 points will be awarded based on the
applicant's efforts to secure funding with HMGP as part of the match program offered as option
one of the Voluntary Home Buyout Program.
B. Matching: A maximum of 15 points will be awarded based on the ratio of the amount of eligible
matching funds to the amount of CDBG funds request: 1.1 or more, 15 points; 0.75—1, 10 points;
0.50-1, 7 points; 0.25-1, 5 points; and less than 0.25, 0 points.
4. Application submitted 10 days prior to the deadline: 10 points—application must be completed in its
entirety.An incomplete application will not receive these 10 points.
S. Application Completeness: A maximum of 5 points—applications will receive up to 5 bonus points based
on completeness.Applications that have not been signed will not be considered.
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3.0 Property Valuation
The value for each property identified for buyout will be established by the subrecipient based on the pre-event
FMV, minus any DOB for applicants that owned the property at the time of the disaster. Owners that purchased
the property after the date of the disaster will be limited to the price the owner paid for the property, which is
not to exceed the post-event FMV. Local governments are responsible to hire contract teams that are licensed in
the State of Florida to provide the following:
• Appraisals;
• Title and legal services;
• Environmental reviews;
• Demolition of the property; and
• Other related buyout processes.
3. 1 Appraisals
Appraisals will be conducted using the current FMV.The appraisal methodology shall be used in this program,and
appraisals must be conducted by an appraiser in accordance with the Uniform Standards of Professional Appraisal
Practice. The appraiser must comply with relevant State laws and requirements and shall have the appropriate
certification, qualifications, and competencies based on the type of property being appraised.When determining
the value of many structures,the subrecipient may choose to perform appraisals to establish a statistical sampling
of property values and develop an adjustment factor to apply to tax assessed values so that they reasonably reflect
each property's market value. DEO will monitor each subrecipient's appraisal practices.
3.2 Title and Legal Services
The subrecipient shall conduct a title search for each property it plans to acquire.The purpose of
the title search is to ensure that the owner is the sole and actual titleholder to the property, identify other persons
with a property interest, and to ensure that the title is clear.Clear title means that there are no mortgages or liens
outstanding at the time of sale. In addition, there may not be incompatible easements or other encumbrances to
the property that would make it either ineligible for acquisition or noncompliant with open space land use
restrictions.
Other requirements include:
• A title insurance policy, demonstrating a clear(fee)title conveyance, must be obtained for each approved
property that will be acquired.
• A physical site inspection for each property verifying the property has no physical encumbrances, which
may require a site survey to clearly establish property boundaries.
• Title to the property must transfer by a warranty deed in all jurisdictions that recognize warranty deeds.
• All incompatible easements or encumbrances must be extinguished.
• The subrecipient shall take possession at settlement.
• The subrecipient must record the deed at the same time as and along with the programmatic deed
restrictions.
• The deed transferring title to the property and the programmatic deed restrictions will be recorded
according to State law and within 14 days after settlement.
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3.3 EnvironmentalReviews
The subrecipient is responsible for conducting environmental reviews or causing such reviews to occur through
contracted providers of environmental services.The subrecipient will be responsible for ensuring that all reviews
are completed on all properties, which includes damaged properties that are to be acquired by the local
government as well as properties to be obtained by the seller through the housing replacement assistance. This
review is to be completed prior to an award for both acquired and allocated properties. The new property must
meet the minimum Department of Social Services Standards (DSS), as determined by the Housing Quality
Standards(HQS) under HUD guidelines, or an inspection equivalent.This is not to be completed until the property
owner has completed the eligibility phase and has been confirmed to be eligible for assistance.
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4.0 Eligible Property Types and Requirements
The eligible property types are non-commercial properties, which may include owner-occupied structures,
residential rental properties, or vacant lots. To be considered an eligible property for the buyout program, the
property must satisfy at least one of the following requirements:
• The property is located within the designated areas [Special Flood Hazard Area (SFHA) or High-Risk Flood
Area]or
• The property is located outside of the designated areas and satisfies one of the following requirements:
o The property is substantially damaged (51% or more of the post-event fair market value of the
structure is damaged);or
o The property is considered a health/safety risk;or
o The property is located within a floodway.
4. 1 Primary is
Subrecipients must include in their policies and procedures the procedures by which they will determine primary
residence. Primary residence can be verified using a variety of documentation including, but not limited to, voter
registration cards, tax returns, homestead exemptions, driver's licenses, and rental agreements.
Subrecipients must also identify in each project file whether the acquired property is a primary residence or a
second home.
4.2 Assistance to Second
In accordance with FIR Vol. 83, No. 28, VI. 39, "properties that served as second homes at the time of the disaster,
or following the disaster, are not eligible for rehabilitation assistance or housing incentives. A second home is
defined under this notice as a home that is not the primary residence of the owner, a tenant, or any occupant at
the time of the storm or at the time of application for assistance."As clarified in FIR Vol.83, No. 28,VI.37.a, "when
purchase price (of a buyout) exceeds the current FMV, any CDBG—DR funds in excess of the FMV are considered
assistance to the seller, thus making the seller a beneficiary of CDBG—DR assistance. ... providing post-disaster
FMV to buyout applicants merely provides the actual value of the property; thus, the seller is not considered a
beneficiary of CDBG—DR assistance."
Based on the federal register guidance above, the Department is establishing that properties identified as second
homes must be acquired through the VHB at current, post-event fair market value. If purchase price exceeds post-
event FMV, any CDBG—DR funds in excess of the fair market value are considered assistance to the seller;
assistance for second homes is prohibited. In addition, second homes may not receive assistance in the form of
housing incentives.
Subrecipients must include the definition of a second home in their policies and procedures. Subrecipients must
also identify in each project file whether the acquired property is a primary residence or a second home.
Second homes acquired through the VHB must meet all VHB eligibility and national objective criteria. As housing
incentives for second homes are prohibited, second homes must meet the LMI National Objective through the
LMA National Objective criteria. Per FIR Vol. 83, No. 28, Vl.a(7)(b), "properties acquired through buyouts will be
used in a way that benefits all of the residents in a particular area where at least 51 percent of the residents are
low-and moderate-income persons."
7 l 1° a g e Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes
1668
Hurricane Irma Voluntary Home Buyout Guidelines
.5.0 Project Eligibility
Properties eligible for buyout must meet the following requirements:
• The property will be purchased from a willing, voluntary seller.
• The property contains a structure that has been damaged or destroyed due to Hurricane Irma, or the
property is in a SFHA, or a High- Risk Flood Area.
• All compatible easements or encumbrances can and must be extinguished.
• The property cannot be contaminated with hazardous materials at the time of buyout, other than
incidental demolition or household waste.
• The property cannot be part of an intended, planned, or designated project area for which the land is to
be acquired by a certain date, and/or where there is an intention to use the propertyfor any public or
private future use inconsistent with the open space deed restrictions and FEMA acquisition requirements
(e.g., roads and flood control levees).
• The property will not be subdivided prior to the buyout, except for portions outside the identified hazard
area, such as within a SFHA or any risk zone identified byFEMA.
• Properties that have received rehabilitation or repairs through the Housing Repair and Replacement
Program will not be eligible for assistance under the Voluntary Home Buyout Program.
5. 1 Eligible (Allowable) Costs
Allowable costs for property buyout projects depend upon the scope of the project.The following costs associated
with the buyout of hazard-prone real property and the demolition of structures are allowable:
• Market value of the real property (i.e., land and structure) either at the time of sale or post Hurricane
Irma depending upon the ownership status at the time of Hurricane Irma.
• Fees for necessary appraisal costs, title search, title insurance, property inspection, and survey if
applicable.
• Demolition and removal of property.
• Fees paid for environmental review services.
• Relocation costs associated with displaced tenants under the Uniform Relocation Act.
The following costs of demolition activities at the vacated site are generally allowable if necessary:
• Removal of demolition debris to an approved landfill,which includes debris from the demolitionof houses,
garages, driveways, sidewalks, and above-grade concreteslabs.
• Asbestos abatement.
• Removal of septic tanks. If not removed, the floors and walls of the tank must be cracked or crumbled so
the tank will not hold water and then be filled with sand or other type of cleanfill.
• Removal of all structure foundation and basement walls to a point at least one foot belowthe finish grade
of the site.
• Removal of only those trees that restrict the demolition work on anystructure.
• Termination of all abandoned utilities to a point at least two feet below the finish grade of thesite.
• Capping of all wells and/or removal of associated components.
• Grading, leveling, and site stabilization of all demolition sites.
8 l 1° a g e Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes
1669
Hurricane Irma Voluntary Home Buyout Guidelines
5.2 Ineligible (Not ) Costs
Costs that are not allowable under this Voluntary Home Buyout Program include, but are not limited to:
• Compensation for land that is already held by an eligible entity. This is the case even if the eligible entity
is not the subrecipient for the project. However, in that event compensation for development rights(e.g.,
obtaining an open space easement) may be an allowable cost.
• The cleanup or remediation of contaminated properties, except for permitted disposal of incidental
demolition and household hazardous wastes.
• The acquisition of a property at a rate that exceeds current post-event fair market value.
• The use of housing incentives on a property considered a second home (meaning any home that is not
the primary residence of the owner, a tenant, or any occupant at the time of the storm or at the time of
application for assistance).
9 l 1° a g e Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes
1670
Hurricane Irma Voluntary Home Buyout Guidelines
6.0 Award Determination
Cities and counties will use the applicable FMV methodology to determine the fair market value of a property for
sellers based on the ownership status at the time of Hurricane Irma, and must provide documentation within the
application to DEO to support that methodology:
• Owners of eligible properties at the time of Hurricane Irma receive an offer to purchase the property
minus any duplication of benefits (DOB).
• Owners that purchased eligible property after Hurricane Irma will receive an offer to purchase the
property based on post-event FMV as the basis of their buyout, subject to the following limitations and
DOB review:
o The amount of the award is limited to the price the owner paid for the property, not to exceed
the post-event fair market value.
o Banks or mortgage companies that have been deeded the property on a post Hurricane Irma basis
will be limited to the amount of the mortgage balance (pay-off). This is all that the bank(s) or
mortgage company(ies) would receive if the owner of the property had participated in the
program.
o Properties that are in foreclosure and with the same owner as that prior to Hurricane Irma will
receive any remaining proceeds (i.e., after sales expenses, taxes, liens) after the sale of the
property, with the award being based on post-event FMV.
o Trusts, probates, and living wills will receive an offer based on the post-event fair market value as
if the post-event owner is participating and subject to a DOB review. This is the same offer the
owner would have received if they had participated in the program.
o If the property is in the court of bankruptcy, the bankruptcy trustee will provide the valuation
documentation that was used to value the property at the time of the bankruptcy. The award
amount is not to exceed the post-event fair market value; however, if the property is being held
in the trust with the owner remaining the current deed holder and has not been acquired by the
trustee, documentation must be provided to demonstrate that the property is still deeded to the
owner and only held in the trust. If this proof is provided, the owner will receive an award based
on the post-event fair market value of the property.
10 l 1° a g e Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes
1671
Hurricane Irma Voluntary Home Buyout Guidelines
7.0 Award Calculation Methodology
Rebuild Florida has developed multiple disaster recovery housing programs based on the nature and scope of
damage in order to meet the objectives of recovery efforts.This Award Calculation Methodology demonstrates a
method of calculating an individual's award in the context of the Voluntary Home Buyout Program by using the
post-event FMV, and in combination with other housing programs, such as HMGP and the Housing Replacement
Assistance and Housing Replacement Allowance programs. All awards are subject to DOBs.
The following provides four examples of calculating duplication of benefits for the subrecipient to offer in
combination with other housing programs:
• Hazard Mitigation Grant Program (HMGP): Subrecipients may use CDBG-DR funds as the required
matching funds for residential properties that will be purchased through the local jurisdiction's HMGP
program.This is a voluntary real property acquisition program funded by FEMA to acquire flood damaged
homes at FMV. HUD has provided a CDBG-DR matching component funded with 75% FEMA funds (with
up to 25%CDBG-DR match funds) or 90% FEMA funds (with up to 10%CDBG- DR match funds).
• CDBG-DR Buyout Program: Subrecipients may fund 100% of the buyout with CDBG-DR funds. This is a
voluntary real property acquisition program with awards that are limited to the post-event FMV of the
land and structure.
• Housing Replacement Assistance: Subrecipients may offer incentives to low- to moderate-income
qualified applicants as part of the buyout program design.This is a program to retain an area's population,
awarding up to $25,000 in addition to the post-event FMV of the buyout home for income-qualified
buyout applicants.
• Housing Replacement Allowance:Subrecipients may offer a lower value incentive to qualified participants
who do not meet low-to moderate-income requirements.This is a program for those who are not income-
qualified for the Housing Replacement Assistance. Participants can be eligible for up to$10,000 in Housing
Replacement Assistance if their damaged home meets certain requirements.
Both housing replacement awards are subject to the Robert T. Stafford Act, requiring that these funds be
considered duplication of benefits.This funding may only be used to purchase a new home within the same taxing
jurisdiction. Additionally, applicants may only qualify for this additional assistance if they relocate outside of the
floodplain to a lower-risk area. Subrecipients must maintain documentation describing how the amount of
assistance was determined to be necessary and reasonable.
11 / 1° a g e Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes
1672
Hurricane Irma Voluntary Home Buyout Guidelines
8.0 Duplication of Benefits Process
Costs that duplicate amounts received by or available to the property owner or affected tenant from another
source for the same purpose are not allowable.The deduction will be taken from the purchase offer if the offer is
determined by an appraised market value prior to Hurricane Irma. The program will recoup duplicative amounts
identified after grant funds have been expended. Property owners who receive duplicative payments following
the conclusion of the property settlement are responsible for reimbursing the subrecipient for those duplicated
funds.
State grant program funding is supplemental to other funding sources and must be reduced by amounts
reasonably available (even if not sought or received) from other sources to address the same purpose or loss.
DEO, subrecipients, and project participants, including property owners and tenants, must take reasonable steps
to recover all such amounts. Amounts that are reasonably available to the individual or entity shall be treated as
benefits available for the same purpose, even if he/she/it did not seek them.
All subrecipients must create and implement a subrogation policy to address recoupment of duplicative funds
received by a program participant after the settlement of grant funds. All subrecipients must enter into a
subrogation agreement with each program participant.
Tax adjustments resulting from filings related to losses to the rental property are not considered a DOB and do
not affect the award.
For property valuations based on post-disaster FMV, no DOB will be taken from the offer.A program that provides
post-disaster FMV to buyout applicants only provides the actual value of the property; thus, the seller is not
considered a beneficiary of CDBG-DR assistance;therefore, this activity does not fall under the Stafford Act.
For property valuations based on pre-disaster FMV,the following procedures assist in preventing grant funds from
duplicating benefits available from other sources:
• Property owners who have a U.S. Small Business Administration loan with a mortgage on the property
that is to be acquired are required to repay the loan or roll it over to a new loan at closing.
• The subrecipient shall identify any other potential sources of benefits to the property owner, or tenant.
• The subrecipient is responsible to verify information via FEMA Data for structural repairs and
replacement, and rental or relocation assistance provided to tenants along with verifying all National
Flood Insurance Program (NFIP) coverage information, including the amount paid on a claim and the
amount of coverage available.
• The subrecipient shall coordinate with property owners who shall disclose all potential amounts available
to them for the same purpose, as described above, including repair or replacement assistance received,
all insurance benefits available to them under an existing policy(whether they submitted a claim or not),
and any potential recovery based on litigation or other legal obligations. The property owner must take
reasonable steps to recover such amounts. Amounts that are reasonably available or anticipated to the
property owner shall be treated as benefits available for the same purpose, even if the property owner
did not seek them.
• The subrecipient shall coordinate with tenants who shall disclose any amounts received from rental or
relocation assistance.
12 l 1° a g e Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes
1673
Hurricane Irma Voluntary Home Buyout Guidelines
9.0 Housing Replacement Assistance Determination
Because this is a voluntary home buyout program, owners are not eligible for assistance under the Uniform
Relocation Assistance (URA) and Real Property Acquisition Policies Act. However, tenants who are displaced as a
result of the owner's sale of the property to the subrecipient are entitled to assistance under the URA.
All property owners participating in the buyout are eligible for up to the maximum housing replacement assistance
allowed by the Robert T. Stafford Act.All income qualified buyout participants are eligible for up to$25,000 in the
housing replacement assistance plus post-event market value of their buyout home. Those that are not income
qualified will be eligible for up to $10,000 in housing replacement allowance only if the damaged property is
located within the designated area.
The following requirements must be met to qualify for housing replacement assistance:
• The buyout home must be in the designated area or house a low-to moderate-income family.
• The homeowner must purchase a replacement home that is more expensive than the buyout home.
• The replacement home must be located within the jurisdiction of the subrecipient.
• The replacement home must be considered decent, safe, and sanitary.
If income qualified, the housing replacement assistance would be a maximum of $25,000. However, the
replacement home purchased must be valued at$25,000 greater than the buyout home to receive the full award.
If the value of the replacement home is less than$25,000 but is more than the post-event fair market value of the
buyout home, the applicant's housing replacement assistance will be capped at the difference. If the applicant is
not income-qualified, the maximum amount of replacement housing the applicant can receive is $10,000. Post-
event owners of vacant lots and rental properties are not eligible to receive housing replacement assistance, as
they did not occupy the structure at the time of the disaster. In addition, post-event owners are not eligible to
receive a replacement housing award, as they were not required to relocate due to the disaster.
If a rental home is purchased through the Voluntary Home Buyout Program and houses tenants that will be
required to relocate, they are considered displaced persons that are eligible for relocation benefits under the
Uniform Relocation Act (URA). The subrecipient must develop and implement URA policies and procedures and
ensure that all required notices, services and payments afforded to tenants qualified under URA are provided in
a timely manner.
9. 1 Uniform Relocation Act Policy
The DEO URA Policy is available on the Office of Long-Term Resiliency website at
htta: �nr�nr�nrofloiwic "ral:� oraiw. coc: defa ult-so�urcc offic:c-of-c�isa�t r_.r c:ov r offic:c-of-disaster-r c:ov main-
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a rnI............. ........ ............... ...12.L-v1.. ..oltw.-ura.-r r ........... . ................................................................................................ a .. ...... ..... I.a..... f? f w n: T I:) 1I:)C 20
................................................................................................................................
13 l 1° o ge Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes
1674
Hurricane Irma Voluntary Home Buyout Guidelines
10.0 Open Space Restrictions
To be eligible, a project must result in property buyout that meets all the requirements governing the use of grant
funds and the use of acquired real property, including:
• The property acquired, accepted, or from which structures are removed will carry a permanent deed
restriction requiring the property be maintained for open space, recreational, or wetlands management
purposes only.
• The subrecipient will dedicate and maintain the property in perpetuity for uses compatible with open
space, recreational, or wetlands management practices, and be consistent with conservation of natural
floodplain functions.
• The subrecipient must record the deed restrictions consistent with the model deed.
Construction of new structures is only allowed where:
• A public building is open on all sides and functionally related to a designated open space or recreational
use.
• The structure is a public restroom.
• The structure is compatible with open-space, recreational,or wetlands management usage and floodplain
management policies and practices and has DEO and FEMA approval in writing before the construction of
the structure begins.
• Any new structures built on the property according to the third subparagraph above will be elevated or
flood-proofed to the Base Flood Elevation (BFE) plus two foot of freeboard as defined in the Federal
Register 24 CFR 55.2(b)(10) and meet applicable requirements of the National Flood Insurance Program
(NFIP)floodplain management regulations or local codes.
• 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.
• The subrecipient must obtain the approval of DEO and the FEMA Regional Administrator 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.
• The subrecipient must accept responsibility for monitoring and enforcing the deed restriction and/or
easement.
14 l 1° a g e Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes
1675
Hurricane Irma Voluntary Home Buyout Guidelines
Appendix 1: Uniform Relocation Act (URA) Information
More information on Uniform Relocation Assistance and the requirements of the Uniform Relocation Act are
located in the Office of Long-Term Resiliency Uniform Relocation Assistance Guide and Residential Anti-
Displacement and Relocation Assistance Plan located on the Rebuild Florida website at
I]tta: �nr�nr�nrofloiwic "ral:� oraiw. coc: defa ult-so�urcc offic:c-of-disc t r r c:ov r offic:c-of-disaster-r c:ov main-
I..........i.i...............................................................................11........................................ ..............................i.............................................................................................i.................................................................................................................................................................yi...............................................................................................................................................................V...........................................
a inI............. ........ ............... ...t .w-v1-C-oltr-ara-r r
.............................................................................................. o.... ?s..f..v.w. .u..==T.J I:) 1.I:)C........ o This plan includes the recordkee ingand
............................................................... .......retention requirements to which subrecipients are subject.
Voluntary Home Buyout Standard Operating Procedures relating to Uniform Relocation Assistance requirements
are located in the Subrecipient Uniform Relocation Activities Standard Operating Procedure. This document
includes information on the following:
• Relocation Notification Requirements,
• URA Recordkeeping Requirements,
• Not Suitable for Rehabilitation Determination
• Documentation of Acquisition Activities for URA
15 / 1° o g e Confidential Trade Secrets Pursuant to Sections 812.081, 815.04 and 815.045, Florida Statutes
1676
RESOLUTION NO. 056 -2021
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIOINERS OF MONROE COUNTY, FLORIDA,
PROVIDING FOR THE MONROE COUNTY VOLUNTARY
HOME BUYOUT LOCAL PROGRAM PRIORITIZATION
CRITERIA FOR SELECTION OF PROPERTIES INTERESTED
IN THE VOLUNTARY HOME BUYOUT PROGRAM UTILIZING
COMMUNITY DEVELOPMENT BLOCK GRANT - DISASTER
RECOVERY FUNDING AND UPDATING AND REPLACING
RESOLUTION 224-2019.
WHEREAS, Hurricane Irma impacted the Florida Keys in September 10, 2017 destroying or
majorly damaging over 4000 residential structures in Monroe County severely augmenting the
workforce housing crises; and
WHEREAS, The Department of Economic Opportunity (DEO) developed a Community
Development Block Grant - Disaster Recovery (CDBG-DR) Action Plan that detailed how the
State will administer the funds statewide. The Action Plan allocated$15 Million for the Voluntary
Home Buyout Program (VHBP) for the unincorporated portions of Monroe County; and
WHEREAS, the purpose of Rebuild Florida's CDBG-DR Voluntary Home Buyout Program
is to acquire properties that are in high-risk flood areas to help reduce the impact of future disasters,
and to assist property owners to relocate to less risk prone areas. These funds will support property
acquisition, structure demolition and conversion of the land to open space or storm water
improvements that alleviate flooding. The property must be deed-restricted in perpetuity to open
space uses or to restore and/or conserve the natural floodplain functions; and
WHEREAS the program specifies prioritization criteria which must be implemented within
each jurisdiction in compliance with CDBG-DR regulations; and
WHEREAS, the County may develop additional local prioritization criteria in order to fairly
and equitably prioritize homeowners for the voluntary home buyout program while focusing on
the program's purpose to reduce community risk; and
WHEREAS,the County adopted Resolution 224-2019 on August 21,2019 providing the local
prioritization criteria for selection of properties interested in the VHBP; and
WHEREAS, this resolution seeks to update and replace Resolution 224-2019 to provide
additional prioritization criteria to allow for 5 points (pts) for primary residences of the property
Page i of 3
1677
owner/applicant and to provide clarification under Section 1. eligibility criteria to provide that
tenant occupied homes will not be eligible;
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA AS FOLLOWS:
Section 1. To be eligible for consideration by Monroe County for volunteer home buyout, the
applicant must be:
1. The owner of the property. (A tenant in a rental property is not eligible.)
2. The owner must not have tenants in the property at the time of application submission
and throughout the VHBP application process to remain eligible. (Properties that are
tenant occupied are not eligible).
3. The owner must be willing to relinquish all development rights to the property,
including but not limited to allocations granted under the County's Rate of Growth
Ordinance(ROGO).
Section 2. The proposed Monroe County point allocation criteria is as follows:
1. 5 pts for homes that were substantially damaged as a result of Hurricane Irma;
2. 5 pts for homes that are located in the V Zone as designated by the Federal
Emergency Management Agency;
3. 5 pts for repetitive loss structures as designated by the National Flood Insurance
Program;
4. 10 pts for severe repetitive loss structures as designated by the National Flood
Insurance Program;
5. 5 pts for high probability of sea level rise inundation on the property or roads adjacent
to the property as that inundation data correlates to the map series as accepted by the
Monroe County Board of County Commissioners and incorporated into the County's
GreenKeys Plan Technical Appendix C.The County may consider other such data
that is appropriate and useful to determine inundation; and
5. 5 pts for when the home was the property ownerlapplicant(s)' primary residence at
the time of Hurricane Irma. Primary residency will be based upon homestead status
with the Monroe County Property Appraiser.
Section 3.This resolution will be effective on February 17, 2021 and updates and replaces
Resolution 224-2019.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 17th day of February 2021.
Mayor Michelle Coldiron, District 2 Yes
Mayor Pro Tern David Rice, District 4 Yes
Commissioner Craig Cates, District 1 YCs
Commissioner Eddie Martinez, District 3 Yes
Commissioner Mike Forster, District 5 Yes
Page 2 of 3
1678
C
�•,�o• A EVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE C ,
By: By:
As Deputy Clerk Mayor
MONROE COUNTY ATTORNEY
j PPR .b AS 70 PO
CNRISTINE LIM BERT-HARROW S
ASSISTANT LIN�T�YryATTOStNEY
QATE _. d .�_.._._
C=
co
Page 3 of 3
1679
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RESOLUTION O. -2024
A RESOLUTION OF THE BOARD OF COUNTY
FLORIDA,COMMISSIONERS OF MONROE COUNTY,
RESCINDING RESOLUTION 041-2023, INCLUDING AN
PURCHASEAGREEMENT FOR COVENANT EXECUTED ON JANUARY 18, 2023; RESCINDING
AMENDMENTAN ASSOCIATED PURCHASE AGREEMENT
EXECUTED ON APRIL 19, 2023; AND REPLACING SAID
RESOLUTION II A RESOLUTION GRANTING APPROVAL
OF A PURCHASE AGREEMENT OF PROPERTY FUNDED BY
IIE COMMUNITY DEVELOPMENT —
DISASTER RECOVERY VOLUNTARY HOME BUYOUT
PROGRAM, APPROVING EXECUTION OF A RESTRICTIVE
COVENANT RUNNING II THE LAND, AND APPROVING
THE MOVEMENT OF A MARKET RATE ROGO EXEMPTION
FROM THE I+,
POOL FOR MARKET RATE ALLOCATIONS.
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, The Florida Department of Commerce, formerly known as 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 fiends statewide.
The Action Plan allocated funding for the Voluntary Home Buyout Program (VHBP) for the
unincorporated portions of Monroe County. The County was awarded$15 Million in funding; and
WIIEREAS, the County adopted Resolution 1.50-2020 to accept and execute the VHBP
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; and
WHEREAS, the purpose of Rebuild Florida's CDBG-DR Voluntary Home Buyout Program
is to acquire properties that are in high-risk flood areas to help reduce the impact of future disasters,
and to assist property owners to relocate to less risk prone areas. 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. This deed-restriction is provided for in a
Page 1 of 3
T-
oo
(D
"Declaration of Restrictive Covenant Running with the Land and Declaration of Restriction on
Future Development"; and
WHEREAS,The Board of County Commissioners previously approved Resolution 041-2023
approving a Purchase Agreement, approving execution of a Restrictive Covenant, and approving
the movement of a market rate ROGO exemption from the property to the administrative relief
pool for market rate allocations, which was adopted on January 18, 2023; and
WHEREAS, The Board of County Commissioners previously approved Amendment One to
Agreement for Purchase to extend the term of the Purchase Agreement, which was executed on
April 19, 2023; and
WHEREAS,the processing of the Purchase Agreement was delayed during a DEO monitoring
event that took place in January and February of 2023; and
WHEREAS, the matters that resulted from the monitoring were resolved in early 2024, and
DEO approved the County to move forward with the delayed acquisition; and
WHEREAS,the property owner that had signed the Purchase Agreement passed away during
the delay; and
WHEREAS,DEO has authorized the County to purchase the property from the Representative
of the Owner's Estate, under the same terms and conditions of the prior Purchase Agreement; and
WIIE'REAS, Monroe County is acquiring property through the VHBP for a purchase price of
$825,000.00 plus closing costs. This acquisition has been reviewed and approved by DEO per the
terms of the Subrecipient Agreement; and
WHEREAS, Monroe County has one (1) ROGO Exemption on the property; and
WHEREAS,said one(1)market rate ROGO Exemption are not needed for the redevelopment
of the site; and
WHEREAS, the BOCC is moving one (1) market rate ROGO Exemption to the
Administrative Relief pool for market rate allocations.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Recitals and Legislative Intent: The foregoing recitals and statements of
legislative intent are true and correct and are hereby incorporated as if fully stated
herein.
Page 2 of 3
C14
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W
Section 2. This resolution shall become effective upon its adoption by the Monroe County
Board of County Commissioners.
Section 3. This resolution hereby rescinds and replaces Resolution 041-2023, which was
adopted on January 18, 2023. The Purchase Agreement and Declaration of
Restrictive Covenant Running with the Land and Declaration of Restriction on
Future Development approved by Resolution 041-2023 and executed on January
18, 2023, are hereby rescinded. Amendment One to Agreement for Purchase,
executed on April 19, 2023, is hereby rescinded.
Section 4. This resolution authorizes the Mayor to execute the Purchase Agreement attached
hereto as Exhibit A.
Section 5. The resolution authorizes the Mayor to execute the Declaration of Restrictive
Covenant Running with the Land and Declaration of Restriction on Future
Development, attached hereto as Exhibit B.
Section 4. The resolution authorizes the Monroe County Planning Department to move one
(1) market rate ROGO Exemptions to the Administrative Relief pool for market
rate allocation. Property Record Card attached hereto as Exhibit C.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Page 3 of 3
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PASSED AND ADOPTED y the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 20`I' day of March 2024.
Mayor Holly Merrill Raschein, District 5
Mayor Pro Tem James K. Scholl, District 3
Commissioner Craig Cates, District I
Commissioner ichelle Lincoln, District 2 _
Commissioner David Rice, District 4 w
Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Y By
As Deputy Clerk Holly Merrill Raschein, Mayor
MONROE COUNTY ATTORNEY
APPROVED AS-TO F"OR
... ..... .. �y.:':
Kell .
Du
ASSISTANT COUNTY ATTORNEY
Date .............................
Page 4 of 3
Exhibit A
Purchase Agreement
Redacted pursuant to Fla. Stat. 119.071
1684
Exhibit B
Restrictive Covenant
Redacted pursuant to Fla. Stat. 119.071
1685
Exhibit C
Property Record Card
Redacted pursuant to Fla. Stat. 119.071
1686
00
MONROE COUNTY, FLORIDAW
VOLUNTARY HOME BUYOUT PROGRAM
AGREEMENT FOR PURCHASE
This AGREEMENT made this day of 2024, by and between
Monroe County, a political subdivision of the State of Florida, whose post office address
is I 100 Simontoni (hereinafter referred to r")
and (hereinafter referred t llr( )"):
1 OFFER AND DESCRIPTION. Buyer agrees to buy, andSeller(s)agrees to sell all of a certain
piece, parcel or lot of land, for all of the lands and other interests, buildings, structures
and improvements thereon, which lands shall include all tenements, hereditaments, together
with fixtures n Personal Property (as described below), all water and other rights,
easements, appurtenances, and any and all of the llr( )' rights in or arising by reason of
ownership thereunto belonging, owned by them, situate and lying in the Monroe County, State
of Florida, more particularly described as follows (which will be collectively referred to as
"Property"); to it:
LEGAL DESCRIPTION:
NUMBER:RE
Seller(s) must relinquish all development/building development/building rights to the property including but not
limited to any and all allocations legally existing or granted under the MONROE COUNTY's
RATE OF GROWTH ORDINANCE ( ). TheSeller(s) agree that they have full right,
power, and authority to convey, and that they will convey to the Buyer the fee simple title
together with legal and practical access thereto clear, free and unencumbered, subject to the
�..� 00a 00
COUNTY, to
MONROE FLORIDA
VOLUNTARY E BUYOUT PROGRAM
following easements or reservations for: canals, ditches, flumes, pipelines, railroads, public
highways and roads, telephone, telegraph, power transmission lines and public utilities.
2. CONSIDERATION. The purchase price for the Property and improvements above described
is $825,000.00 to be paid at closing, minus any outstanding liens or assessments which are
due and payable at the date of settlement.
3. CONTINGENCIES,
3.1 Seller(s) shall vacate the property within 90 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.
.2 Buyer shall have access to Property and the right to perform any and all inspections
on the Property up until day of closing/settlement date. If Buyer's inspections are not
satisfactory to the Buyer, the Buyer shall have the right to void this contract. Buyer
shall also have the right to void this contract if the Buyer's intended use of the property
is a violation of any restrictive covenants on the property that cannot be modified.
3.3 Buyer and Seller(s) acknowledge that this Property is being purchased with U.S.
Department of Housing and Urban Development (HUD)funds that are being allocated
through Florida's Department of Economic Opportunity (DEO) in accordance with the
Voluntary Home Buyout Program. The Seller(s) acknowledges that this contract does
not constitute a guarantee to the commitment of funds or site approval, and that such
commitment of funds or approval is subject to satisfactory completion of an
environmental review, DEO approval of the purchase, and Monroe County, FL Board
of County Commissioner's approval of the purchase, and. The Buyer may terminate
this Agreement at any time if any of the above Contingencies are not met.
3.4 The Seller(s) shall resolve any open code enforcement proceedings prior to closing.
4. TRANSACTION COSTS. Buyer's Transaction Costs include the appraisal fee, Buyer's
attorney fees, deed preparation, title search charges, survey (if required) and title insurance,
owner's policy, inspections, municipal lien search, and all documentary stamp taxes and
recording fees, if applicable. eller(s)'s Transaction Costs include deed preparation and payoff
fees. Buyer shall be responsible for Buyer's transaction costs and Seller(s)'s transaction costs.
Seller(s) shall be responsible for any costs necessary to deliver a marketable title (including
recording of loan and/or lien satisfactions or other fees needed to cure title). If Seller(s) is
represented by a realtor or attorney, the Seller(s) is responsible for all Seller(s)' realtor and
attorney fees. Seller(s) shall furnish to Buyer at Closing an affidavit attesting to the absence of
any financing statement, claims of lien, or potential lienors known toSeller(s).
y8 u 00
NROE COUNTY9 FLORIDA
VOLUNTARY HOME, BUYOUT PROGRAM
5. REAL ESTATE TAXES. Buyer shall be responsible for the pro-rata share of prepaid real
property taxes, including any special taxes, due at the date of settlement/closing. It shall be
the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at the
date of settlement/closing, whether or not such taxes and assessments are then due and
payable.
. ADJUSTMENTS. NONE.
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)expressly agree herein to furnish to the Buyer
any documents in eller(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, FLl 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 90 days of the signing of this contract unless an extension has been agreed
upon between Seller(s)and the Buyer.
. FIXTURES AND PERSONAL PROPERTY. At the time of closing/settlement date, this sale
includes all property,fixtures, equipment and improvements of any kind left on the premises.
Personal property, such as fixtures, can be removed from the property prior to Vacancy
Inspection so long as this removal does not cause health or safety concerns on the premises.
9. PROPERTY SOLD "As Is". Seller hereby specifically disclaims any warranty (oral or written)
concerning: (i)the nature and condition of the Property and the suitability thereof for any and
all activities and uses that Purchaser elects to conduct thereon; (ii)the manner, construction,
condition and state of repair or lack of repair of the Improvements; (iii)the compliance of the
Land and the Improvements or their operation with any laws, rules, ordinances or regulations
of any government or other body. Buyer agrees to accept all risk of Claims (including without
limitation all Claims under any environmental law and all Claims arising at common law, in
equity or under a federal, state or local statute, rule or regulation) whether past, present or
future, existing or contingent, known or unknown, arising out of, resulting from or relating to
the Property, known or unknown, contemplated or unconteplted, suspected or
unsuspected, including without limitation, the presence of any Hazardous Substance on the
Property, whether such Hazardous Substance is located on or under the Property, or has
migrated or will migrate from or to the Property. Seller shall have no obligation to improve or
otherwise alter any portion of the Property from its current condition in any manner
whatsoever. The sale of the Property as provided for herein is made on a strictly " s Is",
"Where Is„' "With All Faults" basis as of the closing date, and Seller(s) make no warranty or
representation, express or implied, or arising by operation of law, including, but in no way
limited to, any warranty of quantity, quality, condition, habitability, merchantability, suitability
or fitness for a particular purpose of the property, any improvements located thereon or any
conditions related thereto.
C)
MONROE COUNTY,FLORIDA
VOLUNTARY HOMEBUYOUT PROGRAM
10. EXPIRATION OF OFFER. This offer from Buyer will be withdrawn at 5 o'clock PM.
(Eastern Time) on Tuesday, March18, 2024, unless accepted or countered by Seller(s) in
written form prior to such time. If Seller(s) requires an extension to the time and date stated
above to accept or counteroffer the offer presented by the Buyer, a written request with
reasoning needs to be submitted to and approved by the Buyer prior to the expiration date.
11.TIME IS OF THE ESSENCE. Time is of the essence with respect to all provisions of this
contract that stipulate a specific period of time for performance. Failure of Seller(s) to
complete any provision of this contract within the stipulated period of time for completion of
the provision will constitute, where applicable, a default of this contract.
12. SURVIVAL. If any provision herein contained which by its nature and effect is required to be
observed, kept or performed after closing, it will survive the closing and remain binding upon
and for the Parties hereto until fully observed kept or performed.
13. ENTIRE AGREEMENT. This agreement, the Voluntary Transaction Agreement, the
Certificate of Removal of Personal Property and Abandonment, the Subrogation Agreement,
Right of Entry, Hold Harmless and Indemnification Agreement, and Certificate of Vacancy
Inspection supersedes any and all understandings and agreements between the parties and
constitutes the sole and entire agreement between the parties. No oral agreement or
representations prior hereto shall be included herein unless set forth in writing. Any change to
this contract shall be in writing.This agreement shall be constricted in accordance with the laws
of the State of Florida. It is understood by the parties that this agreement is subject to Chapter
11 , Florida Statute regarding Public Records Law.
14. EFFECTIVE DATE.The effective date of this Agreement shall be that date when the last one of
the Seller(s) and the Buyer has signed this Agreement.
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their
respective seals on the day first above written and therefore the Seller(s)for and in consideration
hereinabove acknowledge as received, have and do hereby grant unto the Buyer or its authorized
representative, or any other office or agent of the Buyer authorized to purchase said lands, the
option and right to enter into this Agreement and to purchase said lands as herein provided.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS.
FLORIDA
MONROE COUNTY, r
r
VOLUNTARY HOME BUYOUT PROGRAM
Warning: Any person who knowingly makes a false claim or statement to HULA may be
subject to civil .
Selle
r
FignaMuregn r
Buyer/COUNTY: MONROE COUNTY, FLORIDA
ATTEST: Kevin Madok, CPA, Clerk
:
As Deputy Irk Holly Merrill Raschein, Mayor
(Seal) MONROE COUNTY ATTORNEY
APPROVED AS ,FORM
Date: �
ELLY DUG
ASSISTANT COUNTY
ATTORNEY
Date:_
04
tG
Return to:
Anthony Barrows, Esq.
Wright Barrows, PLLC
9711 Overseas Highway
Marathon,FL 33050
305-743-8118
-------------------------------- Space Above this Line for Recording ------------------------------_-_--
DECLA TION OF RESTRICTIVE COVENANT RUNNING WITH THE LAND
AND DECLARATION OF RESTRICTION ON FUTURE DEVELOPMENT
This Declaration of Restrictive Covenant is executed as of the th day of, _ 9
2024 (the "Effective Date"), by Monroe County, a political subdivision of the State of Florida,
whose post office address is 1100 Simonton Street, Suite 205, Key West, FL 33040, in reference
to the property ("Property") known as:
Legal Description:
RE#:
Address:
conveyed by the Deed between 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 (DEO) developed a Community Development Block Grant - Disaster Recovery
(CDBG-DR) 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
M
M
tG
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 (BFE)
plus two foot of freeboard as defined in the Federal Register 24 CFR
55.2(b)(10), or as amended and defined in the Federal Register, and meet
applicable requirements of the National Flood Insurance Program (NFIP)
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.
d
cfl
d. 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 transferto 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.
Grantees COUNTY: MONROE COUNTY, FLORIDA
ATTEST: Kevin Madok, CPA, Clerk
BY ......... ......... .___ .__
As Deputy Clerk Holly Merrill Raschein, Mayor
(Seal)
ONOE COUNTY ATTORNEY
Date: APPROVED AS TO FORM
KELLY DU(...JAN--
ASSISTANT COUNTY ATTORNEY
Date: � ' . .._..
RESOLUTION NO. 041 -2023
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
GRANTING APPROVAL OF A PURCHASE AGREEMENT OF
PROPERTY FUNDED BY THE COMMUNITY DEVELOPMENT
BLOCK GRANT—DISASTER RECOVERY VOLUNTARY HOME
BUYOUT PROGRAM, APPROVING EXECUTION OF A
RESTRICTIVE COVENANT RUNNING WITH THE LAND, AND
APPROVING THE MOVEMENT OF A MARKET RATE ROGO
EXEMPTION FROM THE PROPERTY TO THE
ADMINISTRATIVE RELIEF POOL FOR MARKET RATE
ALLOCATIONS.
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, The Department of Economic Opportunity (DEO) developed a Community
Development Block Grant - Disaster Recovery (CDBG-DR) Action Plan that detailed how the
State will administer the funds statewide. The Action Plan allocated funding for.the Voluntary
Home Buyout Program (VHBP) for the unincorporated portions of Monroe County. The County
was awarded $15 Million in funding; and
WHEREAS, the County adopted Resolution 150-2020 to accept and execute the VHBP
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; and
WHEREAS, the purpose of Rebuild Florida's CDBG-DR Voluntary Home Buyout Program
is to acquire properties that are in high-risk flood areas to help reduce the impact of future disasters,
and to assist property owners to relocate to less risk prone areas. 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. This deed-restriction is provided for in a
"Declaration of Restrictive Covenant Running with the Land and Declaration of Restriction on
Future Development"; and
Page 1 of 3
1695
WHEREAS, Monroe County is-acquiring property through the VHBP for a purchase price of
$825,000.00. This acquisition has been reviewed and approved by DEO per the terms of the
Subrecipient Agreement; and
WHEREAS, Monroe County has one (1) ROGO Exemption on the property; and
WHEREAS,said one(1)market rate ROGO Exemption are not needed for the redevelopment
of the site; and
WHEREAS, the BOCC is moving one (1) market rate ROGO Exemption to the
Administrative Relief pool for market rate allocations,
NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Recitals and Legislative Intent: The foregoing recitals and statements of
legislative intent are true and correct and are hereby incorporated as if fully stated
herein.
Section 2. This resolution shall become effective upon its adoption by the Monroe County
Board of County Commissioners.
Section 3. This resolution authorizes the Mayor to execute the Purchase Agreement attached
hereto as Exhibit A.
Section 4. The resolution authorizes the Mayor to execute the Declaration of Restrictive
Covenant Running with the Land and Declaration of Restriction on Future
Development, attached hereto as Exhibit B.
Section 4. The resolution authorizes the Monroe County Planning Department to move one
(1) market rate ROGO Exemptions to the Administrative Relief pool for market
rate allocation. ROGO Exemption attached hereto as Exhibit C.
Page 2 of 3
1696
1
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 18'h day of January 2023.
Mayor Craig Cates,District I Yes
Mayor Pro Tern Holly Merrill Raschein, District 5 Yes
Comrnissioner Michelle Lincoln,District 2 Yes
Conunissioner James K. Scholl,District 3 Yes
Commissioner David Rice,District 4 Yes
re IN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONRO UNTY,F1_,QRjDA
C*W 07( 1 V.
Z�Z"T�
a��eputy Clerk Crai (Cates,Mayor
MONROE COUNTY ATTORNEY
APPROVED -TO FORM
A S_
C 14
Kelly Dugan
ASSISTANT COUNTY ATTORNEY
Date,
L
Page 3 of 3
1697
Exhibit A
Purchase Agreement
1698
ON OE COUNTY'FLORIDA
VOLUNTARY HOME BUYOUT PROGRAM
r ,
AGREEMENT FOR PURCHASE
This AGREEMENT made this . day of.. .... 20 , by and
between Monroe County, a political subdivision of the State of Florida, whose post office
address is 1100 Simonton Street, Suite 25, Key West FL 33040 (hereinafter referred to as
"Buyer") and (hereinafter referred to as" eller(s)"):
1. OFFER AND DECIPTI.ON._Buyer agrees to buy, and Seller(s)agrees to sell all of certain
piece, parcel or lot of land, and for all of the lands and other interests, buildings, structures
and improvements thereon, which lands shall include all tenements, hereditaments, together
with fixtures and Personal Property (as described below), all water and other rights,
easements, appurtenances, and any and all of the Seller(s)' rights in or arising by reason of
ownership thereunto belonging,owned by them,situate and lying in the Monroe County,State
of Florida, more particularly described as follows (which will be collectively referred to as
"Property'); to wit:
LEGAL DESCRIPTION:
E NUMBER:
Seller(s) must relinquish all development/building rights to the property including but not
limited to any and all allocations legally existing or granted under the MONROE COUNTY's
RATE OF GROWTH ORDINANCE ( OGO). The Seller(s) agree that they have full right,
power, and authority to convey, and that they will convey to the Buyer the fee simple title
together with legal and practical access thereto clear, free and unencumbered, subject to the
following easements or reservations for: canals, ditches, flumes, pipelines, railroads, public
highways and roads, telephone, telegraph, power transmission lines and public utilities.
1699
MONROE COUNTY,FLORIDA
' 1 VOLUNTARY HOME$UYOUT PROGRAM
2. CONSIDERATION_ The purchase price forth Property and improvements above described
is 82000 00 to be paid at closing, minus any outstanding liens or assessments which are
due and payable at the date of settlement.
3. CONTINGENCIES.
-1-1111111111111111111111.
3.1 Seller(s) shall vacate the property within 90 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 settlementiclosing date free of any tenant(s) or occupant(s)
and future tenancies.
3.2 Buyer shall have access to Property and the right to perform any and all inspections
on the Property up until day of closing/settlement date. If Buyer's inspections are not
satisfactory to the Buyer, the Buyer shall have the right to void this contract. Buyer
shall also have the right to void this contract if the Buyer's intended use of the property
is a violation of any restrictive covenants on the property that cannot be modified.
3.3 Buyer and Seller(s) acknowledge that this Property is being purchased with U.S.
Department of Housing and Urban Development(HUD)funds that are being allocated
through Florida's Department of Economic Opportunity(DEO) in accordance with the
Voluntary Home Buyout Program. The Seller(s)acknowledges that this contract does
not constitute a guarantee to the commitment of funds or site approval, and that such
commitment of funds or approval is subject to satisfactory completion of an
environmental review, DEO approval of the purchase, and Monroe County, FL Board
of County Commissioner's approval of the purchase, and. The Buyer may terminate
this Agreement at any time if any of the above Contingencies are not met.
3.4 The Seller(s)shall resolve any open code enforcement proceedings prior to closing.
4. TRANSACTION_CQ.$Ta, Buyer's Transaction Costs include the appraisal fee, Buyer's
attorney fees, deed preparation, title search charges, survey (if required) and title insurance,
owner's policy, inspections, municipal lien search, and all documentary stamp taxes and
recording fees, if applicable. Seller(s)'s Transaction Costs include deed preparation and payoff
fees. Buyer shall be responsible for Buyer's transaction costs and Seller(s)'s transaction costs.
Seller(s) shall be responsible for any costs necessary to deliver a marketable title (including
recording of loan andlor lien satisfactions or other fees needed to cure title). If Seller(s) is
represented by a realtor or attorney, the Seller(s) is responsible for all Seller(s)' realtor and
attorney fees. Seller(s) shall furnish to Buyer at Closing an affidavit attesting to the absence of
any financing statement,claims of lien,or potential lienors known to Seller(s).
1700
ONOE COUNTY,FLOIDA
ur l
� VOLUNTARY HOME BUYOUT PROGRAM
5. _REAL ESTATE TAXES. Buyer shall be responsible for the pro-nata share of prepaid real
property taxes, including any special taxes, due at the date of settlement/closing. It shall be
the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at the
date of settlement/closing, whether or not such taxes and assessments are then due and
payable.
6. ADJUSTMENTS. NONE.
CLOSING/POSSESSION. Conveyance will be made subject to all 7. QQNVf=YANCE®ATE OF L®S IN !i?�rv .m
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)expressly agree herein to furnish to the Buyer
any documents in 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 90 days of the signing of this contract unless an extension has been agreed
upon between Seller(s)and the Buyer_
8. FIXTU
RES URES AND F�ERSQNAL„PROP,ERTY,.,At the time of closing/settlement date, this sale
includes all property,fixtures, equipment and improvements of any kind left on the premises.
Personal property, such as fixtures, can be removed from the property prior to Vacancy
Inspection so long as this removal does not cause health or safety concerns on the premises.
9. PROP.ERTY ,QLUw",q )pm",. Seiler hereby specifically disclaims any warranty(oral or written)
concerning. (i)the nature and condition of the Property and the suitability thereof for any and
all activities and uses that Purchaser elects to conduct thereon; (4)the manner, construction,
condition and state of repair or lack of repair of the Improvements; (iii)the compliance of the
Land and the Improvements or their operation with any laws, rules, ordinances or regulations
of any government or other body. Buyer agrees to accept all risk of Claims(including without
limitation all Claims under any environmental law and all Claims arising at common law, in
equity or under a federal, state or local statute, rule or regulation) whether past, present or
future, existing or contingent, known or unknown, arising out of, resulting from or relating to
the Property, known or unknown, contemplated or uncontemplated, suspected or
unsuspected, including without limitation, the presence of any Hazardous Substance on the
Property, whether such Hazardous Substance is located on or under the Property, or has
migrated or will migrate from or to the Property. Seller shall have no obligation to improve or
otherwise alter any portion of the Property from its current condition in any manner
whatsoever. The sale of the Property as provided for herein is made on a strictly "As Is",
'Where Is", "With All Faults" basis as of the closing date, and Seller(s) make no warranty or
representation, express or implied, or arising by operation of law, including, but in no way
limited to, any warranty of quantity, quality, condition, habitability, merchantability, suitability
or fitness for a particular purpose of the property, any improvements located thereon or any
conditions related thereto.
1701
�P tt "�ll1(Nry��
� ONROE eOUNTY9 FLORIDA
��
���;, 'VOLUNTARY HOME BUYOUT PROGRAM
1N%y +?r,,t, �
10.EXPIRATION OF OFFER,. This offer from Buyer will be withdrawn at 5 o'clock P .
(Eastem Time)on Thursday December 2022m unless accepted or countered by Seller(s)
in written Than prior to such time. If Seller(s)requires an extension to the time and date stated
above to accept or counteroffer the offer presented by the Buyer, a written request with
reasoning needs to be submitted to and approved by the Buyer prior to the expiration date.
11.TIME IS OF THE ESS.INQE, Time is of the essence with respect to all provisions of this
contract that stipulate a specific period of time for performance. Failure of Seller(s) to
complete any provision of this contract within the stipulated period of time for completion of
the provision will constitute, where applicable,a default of this contract.
12.SURVIVAL. If any provision herein contained which by its nature and effect is required to be
observed, kept or performed after closing, it will survive the closing and remain binding upon
and for the Parties hereto until fully observed kept or performed.
13. ENTIRE AGREEMENT. This agreement, the Voluntary Transaction Agreement, the
Certificate of Removal of Personal Property and Abandonment, the Subrogation Agreement,
Right of Entry, Hold Harmless and Indemnification Agreement, and Certificate of Vacancy
Inspection supersedes any and all understandings and agreements between the parties and
constitutes the sole and entire agreement between the parties. No oral agreement or
representations prior hereto shall be included herein unless set forth in writing. Any change to
this contract shall be in writing.This agreement shall be constructed in accordance with the laws
of the State of Florida. It is understood by the parties that this agreement is subject to Chapter
119, Florida Statute regarding Public Records Law.
14, EFFECTIVE DATE.The effective date of this Agreement shall be that date when the last one of
the Seller(s)and the Buyer has signed this Agreement.
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their
respective seals on the day first above written and therefore the Seller(s)for and in consideration
hereinabove acknowledge as received, have and do hereby grant unto the Buyer or its authorized
representative, or any other office or agent of the Buyer authorized to purchase said lands, the
option and right to enter into this Agreement and to purchase said lands as herein provided.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS.
1702
/ d �Y
ONROE COUNTY,FLORIDA
VOLUNTARY HOME BUYOUT PROGRAM
Warning: Any person who knovAngly makes a false claim or statement to HUD may be
subject to civil or criminal penalties un r-18 U.S.C. 287, 1 1 and 31 U.S.C. 3729.
Seller/
Date Phone Number
Buyer/COUNTY: MONROE COUNTY, FLORIDA
ATTEST: Kevin Madok, CPA, Clerk
P rv^
�Oj�,Iputy Cleric g ,,ate Mayor
4
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
SSS
a.
Cb
KELLY DUG W,
ASSISTANT CONTY
ATTORNEY
I(9)
Date .........„ .....
1703
Exhibit B
Restrictive Covenant
1704
Return to:
The Law Office of Anthony J. Barrows
540 Key Deer Blvd
Big Pine Key,FL 33043
305-872-1050
-------------------------------- Space Above this Line for Recording -----------------------------------
DECLARATION OF RESTRICTIVE COVENANT RUNNING WITH THE LAND
AND DECLARATION OF RESTRICTION ON FUTURE DEVELOPMENT
This Declaration of Restrictive Covenant is executed as of the 1&th day of January, 2023 (the
"Effective Date"), by Monroe County, a political subdivision of the State of Florida, whose post
office address is 1100 Simonton Street, Suite 205, Key West, FL 33040, in reference to the
property ("Property") known as:
Legal Description:
RE#:
Address:
conveyed by the Deed between� 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 (DEO) developed a Community Development Block Grant - Disaster Recovery
(CDBG-DR) 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,
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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 I0092 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 (BFE)
plus two foot of freeboard as defined in the Federal Register 24 CFR
55.2(b)(10), or as amended and defined in the Federal Register, and meet
applicable requirements of the National Flood Insurance Program (NFIP)
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.
d. 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
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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
s . e\. 4ut p y Clerk Craig C yes, ayor
MONROE COUNTY ATTORNEY
APPROVED,ik TO FORM
n 4 �
Kelly Dug
ASSISTANT COUNTY ATTORNEY
Date:
1707
Exhibit C
Property Record Card
1708
1709
1710
1711
C14
ti
AMENDMENT ONE TO AGREEMENT FOR PURCHASE
BETWEEN MONROE COUNTY(-BUYER-)AND
("SELLER(S)-)DATED DECEMBER 7,2022
This Amendment("Amendment One") is made and entered into ®s 19ffi day of April, 2023 by and
between MONROE COUNTY, a political subdivision of the State of Florida, whose post office
address is 11 Simonton Street, Suite 205, Key West, Florida, 33040 (hereinafter referred to as
"Buyer" ein referred to as"Seller(sY);
WITNESSETH:
WHEREAS, the Agreement for Purchase ("AGREEMENT") between Buyer and Seller(s)
was entered into the 18th day of January 2023 with a deadline to close the transaction within 90 days,
or by April 18,2023; 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 October 19, 2022,prior to the Board
of County Commissioners approval of the Agreement on January 18,2023; 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 90 days.
NOW THEREFORE, in consideration of the mutual promises contained herein, the
AGREEMENT is amended as follows:
Section 1, Recitals Le gislative Intent. The Foregoing recitals, findings of fact, and
statements of legislative intent are true and correct and are hereby incorporated as if fidly stated
herein.
Section 2. The AGREEMENT is amended as follows:
Paragraph 3.1 is stricken and replaced with the following:
KP Hv ®1 —Co h 3nti
im — fflyA&gRgq& Seller(s) shall vacate the property within 180 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, ® writing, between Seller(s) and the Buyer. The Property shall be
delivered by Seller(s)at settlement/closing date free of any to or occupant(s)and future
tenancies.
Paragraph 7 is stricken and replaced with the following:
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Paragraph 7-:-:-LC2onveyance Date o osin 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 180 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 W]HEREOF, each party caused this Amendment to the Agreement to be
executed by its duly authorized representative.
Seller
Date Phone Number
er UNTY: FLORIDA
"VIN MADOK,CPA,Clerk
By:--/
puty Clcr Craig Cates,Mayor
Date:
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
............... ...
KEL�LL��YDUG
ASSISTANT C TY
ATTORNEY
DA'
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