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Item L04 L4 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: L4 2023-2205 BULK ITEM: Yes DEPARTMENT: Administration TIME APPROXIMATE: STAFF CONTACT: AGENDA ITEM WORDING: Approval of a contract to purchase a parcel (RE#00484390-000000) in Key Largo from South Cliff Holdings LLC at a price of $11,950,000.00 for workforce housing and authorization for the Acting County Administrator to execute the contract and all documents required for the closing. Funding will be provided through the General Fund, or the Infrastructure Sales Tax. The contract includes a lease of the property back to the current owner for construction and management of the complex until the County assumes ownership. ITEM BACKGROUND: The subject property (identified as RE#00484390-000000) is located at 95295 Overseas Highway, Key Largo FL 33037. At its March 17, 2021, meeting, the Monroe County Board of County Commissioners (BOCC) reserved twenty-eight (28) affordable ROGO allocations (14 low income and 14 median income) for this project. South Cliff Holdings LLC, the owner of the property, approached the County about the possibility of the County acquiring the parcel for workforce housing. Two (2) appraisals were requested as required by F.S. 125.355. One appraisal has been received and the second appraisal is expected to be received after publication but prior to the March 20, 2024, BOCC meeting. Should the second appraisal not be received by the BOCC meeting, this item will be requested to be postponed in order to comply with F.S. 125.355. Construction of the 28 units by South Cliff Holdings LLC will occur in phases. County staff has negotiated a contract that allows annual payments to the owner after the initial payment. As security for payment to South Cliff Holdings, the County would agree to a Covenant to Appropriate the annual payments after the initial payment. Because of these circumstances, the contract includes a lease back provision to allow South Cliff Holdings to manage the property during construction while allowing completed housing units to be utilized by the tenants and allowing the County to own the property prior to full payment. There is a lease cancellation provision should the County be prepared to move forward with payment in full of the property sooner than the six (6)years contemplated by the Contract. Due to the time constraints in moving forward this project, it is anticipated that the negotiations concerning the 2122 lease will be ongoing and may or may not be complete prior to the March 20, 2024 BOCC meeting. Therefore, a draft of the lease, in substantially similar form, is also attached. Staff requests approval of the contract and of the lease, subject to the County Attorney's approval of the lease document. PREVIOUS RELEVANT BOCC ACTION: July 20, 2022—BOCC passed and adopted Resolution No. 201-2022, extending the waiver of building permit fees in the amount of$211,215.00 for the 28 affordable housing allocations (14 low income and 14 median income) on the subject parcels, until such time of building permit issuance contingent on the recording of an Affordable Housing Deed Restriction. June 15, 2022 — BOCC passed and adopted Resolution No. 171-2022, extending the reservation for 28 affordable housing allocations (14 low income and 14 median income) on the subject parcels, until October 17, 2022 for building permit issuance. August 21, 2021 — BOCC passed and adopted Resolution No. 265-2021, waiving building permit fees for the 28 affordable housing allocations (14 low income and 14 median income) on the subject parcels, until July 17, 2022 for building permit issuance. March 17, 2021 —BOCC passed and adopted Resolution No. 116-2021, reserving 28 affordable housing allocations (14 low income and 14 median income) on the subject parcels, until July 17, 2022 for building permit issuance. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Employee Housing Deed Restriction Resolution 116-2021: Reservation of Affordable ROGOs Resolution 265-2021: Waiver of Building Permit Fees Notice of Public Hearing FINANCIAL IMPACT: Effective Date: Upon execution by the Acting County Administrator Expiration Date: Total Dollar Value of Contract: $11,950,000.00 Total Cost to County: $11,950,000.00 Current Year Portion: $1,000,000.00 Budgeted: Yes Source of funds: General Fund CPI: No Indirect Costs: Staff time / legal fees / title insurance / 2 appraisals / closing costs / Environmental Assessments, if applicable Estimated Ongoing Costs Not Included in above dollar amounts: Maintenance and repair Revenue Producing: Yes If yes, amount: Not determined at this time 2123 Grant: N/A County Match: N/A Insurance Required: Yes -Provided prior to recording with the clerk. 2124 Doc#2390470 Bk#3193 Pg#141 Recorded 9/7/2022 at 12:14 PM Pages 25 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK RFC: $214.00 This instrument was prepared by: Francisco Pla 1527 Shaw Dr. Key Largo,FL 33037 MONROE COUNTY PLANNING DEPARTMENT EMPLOYEE HOUSING DEED RESTRICTION THIS DEED RESTRICTION SHALL BE INCORPORATED IN WHOLE AND REFERENCED BY BOOK AND PAGE NUMBER ON ALL TRANSFERS OF THE BELOW DESCRIBED REAL PROPERTY. STATE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: I. South Cliff Holdings LLC, is the sole owner of certain real property, situated, lying and being in Monroe County, State of Florida, described as follows: The Northwesterly 720 feet of the following described parcel of land: A portion of Tract 6, according to Plat of Southcliff Estates on Key Largo and recorded in Plat Book 2 at Page 45 of the Public Records of Monroe County, Florida, more particularly described as follows: From a P.R.M. at the intersection of the Southeasterly right of way line of State Road No. 5 on the agreed boundary line between Southcliff Estates and K.L.Thompson Property, as shown on plat recorded in Plat Book 2. at Page 67, Public Records of Monroe County, Florida, run Southeasterly on said agreed line, a distance of 66 feet to the Southeasterly right of way line of Old State Road 4A; thence Southwesterly along said Southeasterly right of way line, a distance of 330 feet to the Point of Beginning of the parcel hereinafter described thence continue Southwesterly on last described course, a distance of 100 feet to the Northeasterly side of the subdivision of Sunrise Point, according to the revised plat, recorded in Plat Book 3, at Page 11, Public Records of Monroe County, Florida,thence along said Northeasterly side of Sunrise Point in a Southeasterly direction, a distance of 1065 feet more or less to the shore of the Atlantic Ocean;thence Northeasterly meandering said shore to a point of intersection with a line which is 100 feet Northeasterly from and parallel to the said Northeasterly side of Sunrise Point; thence Northwesterly along said line to the Point of Beginning. And Lot 1, Block 1 of REVISED PLAT OF SUNRISE POINT, according to the Plat thereof,as recorded in Plat Book 3, at Page 11, of the Public Records of Monroe County, Florida. And Lot 2, Block 1 of REVISED PLAT OF SUNRISE POINT, according to the Plat thereof,as recorded in Plat Book 3, at Page 11, of the Public Records of Monroe County, Florida. Parcel Numbers 00483370-000100, 00484390-000000 & 00484400-000000 EMPLOYEE HOUSING DEED RESTRICTION Page 1 of 13 RE No.:_00483370-000100, 00484390-000000 & 00484400-000000 Rev. 12.21.2020 2125 Doc.#2390470 Page Number: 2 of 25 II. As shown on Exhibit A— "Site Plan" and summarized on Exhibit B —"Chart" Building Permit numbers for the 11 residential Buildings Permit Numbers are: Building#1 21301888 Building#6 22300467 Building#2 21301889 Building#7 22300468 Building#3 21301890 Building#8 22300469 Building#4 22300465 Building#9 22300470 Building#5 22300466 Building#10 22300471 Building#11 22300472 III. As Authorized by Resolution No.116-2021, Reservation of 28 Affordable ROGO Allocations (Exhibit C) and Resolution No. 171-2022 Extension of Reservation of 28 Affordable ROGO Allocations (Exhibit D) this restriction is for 14 Low Income Households and 14 Median income households as: a) 12 one bedroom apartments shall be restricted to Low income households b) 2 two bedroom apartments shall be restricted to Low Income households c) 10 two bedroom apartments shall be restricted to Median Income households d) 4 three bedroom apartments shall be restricted to Median Income households IV. As authorized by Resolution No. 265-2021 Waiver of Building Permit Fees (Exhibit E) and Resolution No.201-2022 Extension of Waiver of Building Permit Fees (Exhibit F). Building Permit Fees have been waived for the 28 unit, affordable / employee housing complex described herein. V. As authorized herein, under the owner-occupied / developer moderate income affordable / employee housing provisions set forth in the Monroe County Land Development Regulations, the owner or owners of the above-described real property have been exempted from payment of "Fair Share Impact Fees" for the 28 unit, affordable / employee housing complex described herein. VI. As authorized herein, the use of the 28 dwellings are restricted for a period of at least ninety-nine (99) years. As shown in Exhibit A and summarized in Exhibit B, 14 dwellings are being restricted to being leased or sold to households with an adjusted gross annual income no greater than one hundred (100) percent of the median and 14 dwellings to households with an adjusted gross annual income no greater than eighty percent (80) adjusted gross annual income VI I. The units subject to the restrictions herein are intended to, and shall serve only as affordable / employee, permanent housing for working households, which derive at least seventy (70) percent of their household income from gainful employment in Monroe County and meet the requirements for affordable / employee housing. EMPLOYEE HOUSING DEED RESTRICTION Page 2 of 13 RE No.:_00483370-000100, 00484390-000000 & 00484400-000000 Rev. 12.21.2020 v .. -2126 Doc. #2390470 Page Number: 3 of 25 Vlll. Maximum sales price for an owner occupied affordable/ employee housing unit shall mean : *a price not exceeding 3.75 times the annual median household income for Monroe County for a 1 bedroom unit 4.25 times the annual median household income for Monroe County for a 2 bedroom unit 4.75 times the annual median household income for Monroe.County for a 3 bedroom unit IX. The covenants shall be effective for ninety-nine (99) years, but shall not commence running until a certificate of occupancy has been issued by the building official for the dwelling unit(s) to which the covenant or covenants apply. This deed restriction shall remain in effect for ninety-nine (99) years regardless of the owner(s) or occupant(s) ability to comply or re-qualify on an annual basis or as otherwise may be required. X. At the time of sale of an owner-occupied affordable/employee housing unit, the unit may be sold only to a household within the applicable low or median income category. E.g., ' an owner-occupied affordable/employee housing unit which is encumbered by a median-income deed restriction may only be sold to another household that qualifies for the County's above-described median-income category or lower. XI. Tourist housing use or vacation rental use of affordable/employee housing units is prohibited. XI I. No Encumbrances. "Joinder of Mortgages have been provided as part of this restriction. No,additional mortgages will be obtained or recorded on the properties prior to recording of this Deed Restriction. Otherwise, I/we understand that a Joinder by the mortgagee (lender)will be required to be included with this Deed Restriction if a mortgage is obtained prior to this Deed Restriction being recorded in the Official Records of Monroe County, Florida. There is/are no non-mortgage encumbrance(s) on the property legally- described above nor will a non-mortgage encumbrance be recorded on that property prior to the recording of this Deed Restriction. I/we understand that a Joinder by the non-mortgage encumbrance-holder will be required to be included with this Deed Restriction if a non-mortgage encumbrance is obtained prior to this Deed Restriction being recorded in the Official Records of Monroe County, Florida. XIII. BORROWERS AND LENDERS TAKE NOTE: No equity may be borrowed against the value of the affordable/employee housing unit which exceeds the maximum sales price in Paragraph VIII. This prohibition is for an aggregate loan amount of all equity against the home. A series of smaller equity loans may not be obtained whose total loan amount exceeds the maximum sales price in Paragraph VIII. EMPLOYEE HOUSING DEED RESTRICTION Page 3 of 13 RE No.:_00483370-000100, 00484390-000000 & 00484400-000000 Rev. 12.21.2020 \n 2127 Doc.#2390470 Page Number: 4 of 25 XIV. All of the restrictions herein shall be binding upon any transferees, lessees, heirs, assigns or successors in the chain of title for the property and owner- occupant(s) and tenant-occupant(s) thereto, it being recognized that recordation of this Employee Housing Deed Restriction constitutes constructive notice to all interested parties. XV. There is no mortgage on this property nor will a mortgage be recorded on this property prior to the recording of this restriction. Otherwise, I/we understand a joinder by the mortgagee (lender) will be required to this restriction if a mortgage is obtained prior to this restriction being recorded in the Monroe County Public Records. XVI. Breach or Violation. In the event of breach of violation of the restrictions or terms herein, the County shall provide a written "Notice of Default" or"Notice of Violation" to the defaulting undersigned Grantor(s), the defaulting owner- occupant(s), and/or the defaulting tenant(s) thereto, and a defaulting party shall have the right to cure such breach(es) or violation(s) within thirty (30) calendar days of receipt of notice of such breach(es) or violation(s). Uncured breach(es) or violation(s) of the terms of and restrictions imposed by this Employee Housing Deed Restriction shall, without any additional notice beyond this Deed Restriction's recordation, entitle the County to immediately suspend, without liability to the County, development applications, pending permits, approvals, and inspections, of which are contingent upon the effectiveness of and compliance with this Deed Restriction, except for those permits, approvals, or inspections necessary to cure such breach(es) or violation(s). Uncured breach(es) or violation(s) of a term or restriction imposed herein shall be presumed to constitute a breach or violation of an irreparable or irreversible nature. In the event of any suit, action, proceeding, in law or in equity, by the County to enforce the restrictions or terms contained herein, if the County prevails in any such suit, action, or proceeding, on trial or appeal, the County shall be entitled to reasonable attorney's fees, including trial, appellate, bankruptcy, and post- judgment costs and collection proceedings for the maintenance or defense of any such suit, action, or proceeding, to be paid by the losing party(ies) as fixed by the court. Any judgment so rendered in favor of the County in connection with any such suit, action, or proceeding arising out of, related to, or in connection with this Deed Restriction, shall bear interest at the highest rate allowed by law. The County shall recover reasonable legal and professional fees attributable to the preparation, administration, and enforcement of such suit, action or proceeding, from any person(s) and/or entity(ies) from or to whom a demand or enforcement request is made, regardless of actual initiation of a suit, action, or proceeding. These remedies are in addition to any other remedy, fine, or penalty which may be initiated under, including, but not limited to, Chapter 162, Florida Statutes. EMPLOYEE HOUSING DEED RESTRICTION Page 4 of 13 RE No.:_00483370-000100, 00484390-000000 & 00484400-000000 Rev. 12.21.2020 J 2128 Doc.#2390470 Page Number: 5 of 25 XVII. Joint-and-Several Liability. If the undersigned Grantor(s), owner-occupant(s) thereto, or tenant-occupant(s) thereto, or successors in title to or interest in the property or any other non-County natural person(s) or legal person(s) are party(ies) to any suit, action, or proceeding, in law or in equity, initiated or filed by the County to enforce any provision, restriction., or term contained herein, and consists of more than one person(s) or entity(ies), all such person(s) and entity(ies) shall be jointly-and-severally liable. XVIII. Cumulative Remedies. In the event of any breach or violation of the restrictions or terms herein, the County shall, without liability to the County, have the right to proceed at law or in equity as may be necessary to enforce compliance with the restrictions or terms hereof, to enjoin activities, construction, maintenance, practices, repairs, and uses inconsistent with the restrictions or terms hereof, and to otherwise prevent the breach or violation of any of them, to collect damages, and is both authorized and entitled to enforce this Employee Housing Deed Restriction by emergency, preliminary, and permanent injunction, including by ex parte motion and action for such injunction(s), it being hereby expressly and specifically agreed-upon that the County has no adequate remedy at law for such breach(es) or violation(s), or such other legal method as the County deems appropriate. All rights and remedies accruing to the County are assignable in whole or in part and are cumulative; that is, the County may pursue such rights and remedies as the law and this Deed Restriction afford it in whatever order the County desires and the law permits. The County's resort to any one law(s) or remedy(ies) in advance of any other shall not result in waiver or compromise of any other law(s) or remedy(ies). The undersigned Grantor(s) hereby agree(s) to and shall pay for all costs associated with the County's actions to enforce this Deed Restriction. Failure by the undersigned Grantor(s), or owner-occupants or tenant-occupants thereto, to comply with or perform any act required by or under this Deed Restriction shall not impair the validity of this Deed Restriction or the conditions, provisions, reservations, restrictions, rights, or terms hereof or limit their enforceability in any way. Enforcement of the conditions, provisions, restrictions, and terms of this Deed Restriction shall be at the discretion of the County. The County's delay or failure to enforce or omission in the exercise of any condition, provision, reservation, restriction, right, or term contained herein, however long continued, shall not be deemed a waiver or estoppel of the right to do so thereafter as to any violation(s) or breach(es). No County waiver of a breach of any condition, provision, reservation, restriction, right, or term hereof, shall be construed to be a waiver of any succeeding breach of the same. EMPLOYEE HOUSING DEED RESTRICTION Page 5 of 13 RE No.:_00483370-000100, 00484390-000000 & 00484400-000000 Rev. 12.21.2020 ` e h� 2129 Doc.#2390470 Page Number: 6 of 25 XIX. Limitation of Liability. In the event of any litigation concerning any condition, provision, restriction, or term of this Employee Housing Deed Restriction, the undersigned Grantor(s), and owner-occupant(s) and tenant-occupant(s) thereto, hereby waive their right to a jury trial. The undersigned Grantor(s) further agree that no claim(s) shall be made by it for any delay or hindrance allegedly attributable to the County during the progress of any portion of or during the effective period of this Deed Restriction. XX. Duty to Cooperate and No Arbitration. The undersigned Grantor(s), and owner-occupant(s) and tenant-occupant(s) thereto, shall, to ensure the effective implementation of the government purpose furthered by this Employee Housing Deed Restriction, cooperate with the County's reasonable requests submitted to said Grantor(s), and owner-occupant(s) and tenant-occupant(s) thereto, regarding the conditions, restrictions, and terms contained herein. No suit, action, or proceeding arising out of, related to, or in connection with this Deed Restriction is subject to arbitration, and mediation proceedings initiated and conducted that arise out of, relate to, or are in connection with this Deed Restriction shall be in accordance with the Florida Rules of Civil Procedure. XXI. Governing Laws/Venue. This Employee Housing Deed Restriction is and the enforcement of the restrictions, terms, and obligations established therefrom are governed by the Monroe County Comprehensive Plan, the Monroe County Code(s), the Florida Building Code, and the Florida Statutes, and shall be liberally construed to effectuate the public purpose of this Deed Restriction. Exclusive venue for any dispute arising from or under, relating to, or in connection with, this Deed Restriction, shall be in the Sixteenth Judicial Circuit in and for Monroe County, Florida. XXII. Construction and Interpretation. The construction and interpretation of such, and all other, Monroe County Comprehensive Plan provision(s) and Monroe County Code(s) provision(s) shall be deferred in favor of the Monroe County (a/k/a Monroe County Board of County Commissioners) and such construction and interpretation shall be entitled to great weight on trial and on appeal. XXIII. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any condition, provision, reservation, restriction, right, or term of this Deed Restriction, or any portion thereof, is/are held invalid or unenforceable in or by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of such condition, provision, reservation, restriction, right, term, or any portion(s) thereof, shall neither limit nor impair the operation, enforceability, or validity of any other condition, provision, reservation, right, term, or any remaining portion(s) thereof. All such other conditions, provisions, reservations, restrictions, rights, terms, and remaining portion(s) thereof shall continue unimpaired in full force and effect. EMPLOYEE HOUSING DEED RESTRICTION Page 6 of 13 RE No.:_00483370-000100, 00484390-000000 & 00484400-000000 Rev. 12.21.2020 2130 Doc.#2390470 Page Number: 7 of 25 XXIV. Captions and Paragraph Headings. Captions and paragraph headings, where used herein, are inserted for convenience only and are not intended to descriptively limit the scope and intent of the particular paragraph or text to which they refer. XXV. Authority to Attest. Each party to this Employee Housing Deed Restriction represents and warrants to the other that the execution, delivery, and performance of this Deed Restriction has been duly authorized by all necessary corporate and other organizational action, as required. XXVI. Entire Agreement. This Employee Housing Deed Restriction constitutes the entire Deed Restriction and any representation or understanding of any kind preceding the date of this Deed Restriction's execution or recordation is not binding upon the Grantor(s) or the County, except to the extent that it has been incorporated into this Deed Restriction. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] EMPLOYEE HOUSING DEED RESTRICTION Page 7 of 13 RE No.:_00483370-000100, 00484390-000000 & 00484400-000000 Rev. 12.21.2020 AN 2131 Doc.#2390470 Page Number: 8 of 25 I/we certify that I/we am/are familiar with the information herein contained and that it is true and correct; and I/we will abide by the above stated restrictions pursuant to Monroe County Code as may be amended from time to time. Owner Owner X X —" L 7*,c --Gr�� Francisco J. Pla Who ' Member Richard C. Riehl/Authori d Member 1: Wi es\S`ignature 1: Witne -nature Print ame v ifir� \� Print Na e N ^V-I� l k 2: Witness Signature 2: itness Signature Print Name Y Q(`1 A Print Name Q Y STATE OF LG�.�( STATE OF `0�aG COUNTY OF M0VIy'0e-,,, COUNTY OF M VAr0fi Sworn to and subscribed before me, by Sworn to and subscribed before me,by means of%physical presence or online means ofX physical presence or online notarization notarization this 'Z6 day of AVq V5� , 20 22. , this 2.(D day of,�J�, 20 -4�2- , by T{rgr'k6 tsc o by (PRINT NAME OF PERSON MAKING STATEMENT) (PRINT NAME OF PERSON MAKING STATEMENT) who is pers allyPwn tome ORroduc who is persona kn n to me OR roduce q-bV1 eNlC� �2 aj)identi ication. fL b ��(1 ) 3 -Oas(identification. (TYP OF (TYPE OF Mt U KJA ffaA Signattl eUt Public Signature�IWoIUYryubA � S l b Print,Name of Notary Public Print,Name of Notary Public My commission expires: 3I J(26zq My commission expires: 3)I- L Zn2 -Apr Pu'•-; LORI M.SOLLIITO '_°• �� Notary Public-State of Florida Commission#GG 953328 :ot `Y°ue�: LORI M.SO:GG D My Comm. Tres Mar 10,2024 Notary Public-S Commission#Bonded through National Notary Assn. '�'� rti My Comm.ExpireBonded through Nation EMPLOYEE HOUSING DEED RESTRICTION Page 8 of 13 RE No.:_00483370-000100, 00484390-000000 & 00484400-000000 Rev. 12.21.2020 -:V2132 Doc.#2390470 Pagc Numbcr: 9 of 25 This instrument was prepared by: Francisco Pla 1527 Shaw Dr. Key Largo,FL 33037 JOINDER OF MORTGAGEE Kenneth Moauro & Bernadette Moauro,(husband & wife) whose address is 9647 N. Bedrford Rd., Macedonia, Ohio 44056 having a record interest as recorded in the official records of Monroe County at Book 3097 Page 20 in the lands described in the Employee Housing Deed Restriction attached hereto between South Cliff Holdings LLC Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents to, and ratifies that Employee Housing Deed Restrictionthe date indicated below. X VIE X M� � Kenn th oau o/ ortgagee Bernadette Moauro/ Mortgagee i kAw 1: Wit ess Signature 1: Witness Signature 1 Print Name 1WAia Print Name S wR id 2: 1 itness Signature 2: Witness Signature Print Name_1M,rr Print Name ►^err Iccs,Iu�•+$kl STATE OF 6 At o STATE OF Q 1 d COUNTY OF 1�G2-r�C--� COUNTY OF 612ahC- Sworn to and subscribed before me, by Sworn to and subscribed before me, by means ofXphysical presence or online means of Xphysical presence or online notarization notarization thig2�vp day of �,uGvsT- , 20 2Z this" t Today of uG�sSi , 20 ZZ , by KEivN MaAurz� by -rat AVM (PRINT NAME OF PERSON MAKING STATEMENT) (PRINT NAME OF PERSON MAKING STATEMENT) who is personally known to me OR produced who is personally known to me OR produced as identification. as identification. (T E O ID PROD ED) (TY OFi D PROR D[JFED) Ignature of Notary Public Signature of,Notary Public Print,Name of Notary Public Print,Name of Notary Public My commission ea�ir�es: /G -/a ^ 2-3 My commission expires: ro ld' 3 %11 � Oilli l,,� `�• �DNS-NQT,�.,. �`% \NS-No'). � "o EMPLOYE �aTRICTION RE No.:_G04 r., .'. O(L484390-000000 & 00484400-000060 v Rev. 12.2142(d -: 'i q T 01 �� 'SST lcXp:0 1 �� OF O�`�� 2133 Doc.#2390470 Page Number: 10 of 25 This instrument was prepared by: Francisco Pla 1527 Shaw Dr. Key Largo,FL 33037 JOINDER OF MORTGAGEE Alice Riehl, Individually and as Trustee under Declaration of Trust known as The Alice Riehl Living Trust Dated -3/15/2016 whose address is 1005 Snapper Ln. Key Largo, Florida 33037 having a record interest as recorded in the official records of Monroe County at Book#3114 Page#1859 in the lands described in the Employee Housing Deed Restriction attached hereto between South Cliff Holdings LLC Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents to, and ratifies that Employee Housing Deed Restriction on the date indicated below. Name of Mortgagee - 1: Witts> Signature Allc Riehl as Trustee!Mer the 1 Declaration of Trust know as The Alice Riehl Living Tru ated 03/15/2016 (Print KApe Name of Witness) A hce Riehl, Individually IJ Witness Signature y MCC,, 1 � Print Name: (Orin* or Type Name of Witness) STATE OF COUNTY OF M6VIr6-e� Sworn to and subscribed befor me, by means of physical presence or ❑ online notarization this 2fo day of 20 22 , by Al[C<- I. RtC� I , (PRINT NAME OF PERSON MAKING STATEMENT) who i S 11 kn n to me OR produced t.klWA pL P-LIU0-63S=31-%-iid&ntification. (TYPE"OF ID PRODUCED) Signa )'V�WM(1140 Print,Type or Stamp Commissioned Name of Notary Public Po''• LORI M.SOLLITTO My commission expires: i9; Notary Public-State of Florida ®Q Commission a GG 9533I8 -3 I I0 12-02- My Comm.Expires Mar 10,2024 Bonded through National Notary Assn. EMPLOYEE HOUSING DEED RESTRICTION Page 10 of 13 RE No.:_00483370-000100, 00484390-000000 & 00484400-000000 Rev. 12.21.2020 2134 Doc.#2390470 Page Number: 11 of 25 This instrument was prepared by: Francisco Pla 1527 Shaw Dr. Key Largo,FL 33037 AFFIDAVIT OF SOUTH CLIFF HOLDINGS, LLC Before me, a notary public appeared, Francisco J Pla, &Richard C Riehl on behalf of and as Managers of South Cliff Holdings, LLC a Florida limited liability company, who after being duly sworn, depose and state as follows: 1. South Cliff Holdings LLC is a limited liability company organized under the laws of Florida("the Company") effective March 30, 2021. 2. Pursuant to the Article of Organization, Bylaws, and Operating Agreement, the Company is a manager managed company and there are two Managers as follows: Francisco J. Pla, and Richard C Riehl and we have never resigned or been removed as a managers. 3. That we have the authority to execute any and all documents on behalf of the limited liability company. 4. The undersigned make this Affidavit with full knowledge that Monroe County requires compliance for Affordable Housing requirements based on documentation executed by the managers of the Compan . X Francisco J.Pla/M ger Richard C.Riehl/ma5Wr 1: W tKos`Si�nature 1: Witness nature P nt amen! Print Nam i tiCc, 2: Witness, ignature• II` - 2: Witnes s i gnature, Print Name .(ri ' _ t\Tint Name COY u STATE OF 171OV-LA A STATE OF Fl m d m COUNTY OF UV)r0fJ COUNTY OF V1Y'0t) Sworn to and subscribed before me, by Sworn to and subscribed before me, by means of9physical presence or online means of KPhysical presence or online notarization notarization this 2(a day of Av USf , 20 22 this 261 day of hJ4 05�� , 20 22. , by f_j(01V1G1 SC 0 V f I A by }2i c(ti0-4 4fW&kS R_Ie h I, (PRINT NAM MAKING STATEM (PRINT NAME OF PERSON MAKING STATEMENT who i pe _ e rod_ who is personally known to me O roduce 41_0 2 as identification. a L• 12y0(7 ^l�`}^ l a�identi ication. (TYPE D) (TYPE Or rd J�IV Sign r Nota P 1' Signature of fobli 6" �6 �� -, Y,Ou, •" Pu-•. LORI M.SOLG5 Not y Public Print Name of Notary Public :°• ��= Notary Public-Stlorida r; Notary-State ofFConda o• Commission# 328Commission#GG 953328 ` �' M Comm.Expire ,2024My ConMyE ;tWs1AoW ires: 3llOjZ(j2� My commission expires: f . F Bonded through Nationry Assn. Bonded through National Notary Assn. 11 EMPLOYEE HOUSING DEED RESTRICTION Page 11 of 13 RE No.:_00483370-000100, 00484390-000000 & 00484400-000000 Rev. 12.21.2020 �v1 2135 Doc.#2390470 Page Number: 12 of 25 This instrument was prepared by: Francisco J.Pla 1527 Shaw Dr. Key Largo,FL 33037 Affidavit of No Encumbrances 1. WHEREAS, South Cliff Holdings LLC, is the sole owner of the following described real property located in Monroe County, Florida described as Lot(s):1 & 2, Block:1,Revised Plat of Sunrise Point Key Largo Plat Book:3 Page:11 Parcel Real Estate Numbers: 00484390-000000 & 00484400-000000 and A portion of Tract 6, Southcliff Estates Subdivision Key Largo Plat Book: 2 Page: 45 Parcel ID/Real Estate Number : 00483370-000100 2.WHEREAS, this statement is current as of this date, and that no liens, loans, mortgages or other encumbrances currently encumber the above legally described real property other than those in which Joinder(s) have been executed and submitted. 3.Now, therefore, the undersigned state that the above described property is/are free of all liens; loans, mortgages, or any other encumbrances at this time other than those in which Joinder(s) have been executed and submitted. EXECUTED ON THIS Z(a day of August, 2022. WITNESSESS TO BOTH: OWNERS 1: itness Signature / x you x e_ Richard C Riehl/Authorized Member L L, 52505 `� 1005 Snapper Ln. 1--\ h Key Largo, FL 33037 2: I!W ness Signatu x X � ` Francisco J. Pla/Authorized Member C� 1527 Shaw Dr. Key Largo, FL 33037 STATE F FLORIDA COUNTY OF MONROE Sworn n subscribed before me,by means of h sical resence notarization this 2& day o , 2 2, by Rich ar gr i§apr3oPla, th personally known to me Notary Public-state of Florida Commission#GG 953328 of e� My Comm.Expires Mar 10,2024 Sig t e o Notary Public one roug ational NotaryAssn. E O HOUSING DEED RESTRICTION Page 12 of 13 RE No.:_00483370-000100, 00484390-000000 & 00484400-000000 Rev. 12.21.2020 �n /2136 6� 11 Doc.#2390470 Page Number: 13 of 25 TABLE OF EXHIBITS 1) EXHIBIT A- SITE PLAN 2) EXHIBIT B—CHART 3) EXHIBIT C—RESOLUTION 116—2021 RESERVATION OF ROGO ALLOCATION 4) EXHIBIT D—RESOLUTION 171-2022 EXTENSION RESERVATION OF ROOGO ALLOCATIONS 5) EXHIBIT E—RESOLUTION 265-2021 WAIVER OF PERMIT FEES 6) EXHIBIT F—RESOLUTION 201-2022 EXTENSION OF WAIVER OF PERMIT FEES EMPLOYEE HOUSING DEED RESTRICTION Page 13 of 13 RE No.:_00483370-000100, 00484390-000000 & 00484400-000000 Rev. 12.21.2020 2137 ,®?OOI 3igN.G41 co r N I I I I 2 I 2 � N F ' rl oM Noo Z mw _ I m 4 cn I O H Nv�m c�^c6 >tn JOF-ch �rmizLn �� I mrv70) (3) N i m Z O O Z oo nlnoa I I -- 3 Jm~cn NWO 2 7rvZ lnmw = m N 7 01 N I I v U rvv I I Q (7 01°� m>to I T Z O r`i Q I 2 Ln -0 F N�w cliZ m W m N 70�1N I I 3k N no (D0066 >,n Z Z Ln p 0 V I N p a Q Jot-mw0 mN cnr-4CJ a z ~ �- X � i I I N co • I ZI0ON J1L Z��LNa pOOFNOQ 2 I I I m N O OLn N U N Ol m I to 07 >Ln J_7 O 0 I �� 2NZtnm M I N (U I I z 1D ON o In'n 5NzNwLn En # I I 3 m N 7 0 N0) Ile I I a 2 2 i N N m `~ � m `~ 01 N m N Q I K001 O I Z. O r !'i Q O cn J Ln 0Cm L, m U 7mm, mNW IN 7m m V LL I , 7 NU- H m N 0 p B coI m ro _ 170N >m I I i ppO�y -- -- -�' �- -� p. Mto 0 Jmzcn rq I a1 I m N 7 cn Ln c-I 0- L # z --- a 0 a M N ,kV MHyjH SV3%igAO CRIOGHISON U O A Doc.#2390470 Page Number: 15 of 25 EXHIBIT B CHART BUILDING# PERMIT# ADDRESS UNIT# TYPE INCOME BUILDING#1 21301888 95295 Overseas Hwy. #1 1 BED 1 BATH LOW BUILDING #1 21301888 95295 Overseas Hwy. #2 1 BED 1 BATH LOW BUILDING #1 21301888 95295 Overseas Hwy. #3 1 BED 1 BATH LOW BUILDING #1 21301888 95295 Overseas Hwy. #4 1 BED 1 BATH LOW BUILDING#2 21301889 95295 Overseas Hwy. #1 1 BED 1 BATH LOW BUILDING#2 21301889 95295 Overseas Hwy. #2 1 BED 1 BATH LOW BUILDING#2 21301889 95295 Overseas Hwy. #3 1 BED 1 BATH LOW BUILDING#2 21301889 95295 Overseas Hwy. #4 1 BED 1 BATH LOW BUILDING#3 21301890 95295 Overseas Hwy. #1 1 BED 1 BATH LOW BUILDING#3 21301890 95295 Overseas Hwy. #2 1 BED 1 BATH LOW BUILDING#3 21301890 95295 Overseas Hwy. #3 1 BED 1 BATH LOW BUILDING #3 21301890 95295 Overseas Hwy. #4 1 BED 1 BATH LOW BUILDING #4 22300465 95295 Overseas Hwy. #1 2 BED 2.5 BATH LOW BUILDING#4 22300465 95295 Overseas Hwy. #2 2 BED 2.5 BATH LOW BUILDING #5 22300466 95295 Overseas Hwy. #1 2 BED 2.5 BATH MEDIAN BUILDING#5 22300466 95295 Overseas Hwy. #2 2 BED 2.5 BATH MEDIAN BUILDING#6 22300467 95295 Overseas Hwy. #1 2 BED 2.5 BATH MEDIAN BUILDING#6 22300467 95295 Overseas Hwy. #2 2 BED 2.5 BATH MEDIAN BUILDING#7 22300468 95295 Overseas Hwy. #1 2 BED 2.5 BATH MEDIAN BUILDING#7 22300468 95295 Overseas Hwy. #2 2 BED 2.5 BATH MEDIAN BUILDING #8 22300469 95295 Overseas Hwy. #1 2 BED 2.5 BATH MEDIAN BUILDING#8 22300469 95295 Overseas Hwy. #2 2 BED 2.5 BATH MEDIAN BUILDING #9 22300470 95295 Overseas Hwy. #1 2 BED 2.5 BATH MEDIAN BUILDING #9 22300470 95295 Overseas Hwy. #2 2 BED 2.5 BATH MEDIAN BUILDING #10 22300471 95295 Overseas Hwy. #1 3 BED 2.5 BATH MEDIAN BUILDING #10 22300471 95295 Overseas Hwy. #2 3 BED 2.5 BATH MEDIAN BUILDING #11 22300472 95295 Overseas Hwy. #1 3 BED 2.5 BATH MEDIAN BUILDING#11 22300472 95295 Overseas Hwy. #2 3 BED 2.5 BATH MEDIAN 2139 Doc.#2390470 Page Number: 16 of 25 EXHIBIT C S' 1 2 RESOLUTION NO. 116 -2021 3 4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 5 COMMISSIONERS APPROVING THE RESERVATION OF TWENTY- 6 EIGHT (28) AFFORDABLE ROGO ALLOCATIONS (14 LOW 7 INCOME AND 14 MEDIAN) FOR PROPOSED EMPLOYEE 8 HOUSING DWELLING UNITS ON PROPERTY OWNED BY RIEHL 9 ALICE LIVING TRUST LOCATED 95301 OVERSEAS HIGHWAY, 10 SECTION 13, TOWNSHIP 62, RANGE 38 PART TRACT 6, 11 SOUTHCLIFF ESTATES, KEY LARGO, APPROXIMATE MILE 12 MARKER 95.5, HAVING PROPERTY IDENTIFICATION NUMBER 13 00483370-000000, AND PROPERTY OWNED BY ARMANDO & 14 MARIA C. CABRERA, FOR PROPERTY LOCATED ON LOTS I & 2, 15 BLOCK I REVISED PLAT OF SUNRISE POINT, KEY LARGO 16 HAVING PROPERTY IDENTIFICATION NUMBER(S) 00484390- 17 000000 AND 00484400-000000 AS REQUESTED BY FRANK PLA, AS 18 AUTHORIZED BY THE PROPERTY OWNERS, RIEHL ALICE ----------------------- 19 LIVING TRUST AND ARMANDO & MARIA C. CABRERA, UNTIL 20 JULY 17, 2022 FOR BUILDING PERMIT ISSUANCE., 21 22 WHEREAS,the State ol'Florida and all local governments in the Florida Keys (each subject to 23 Area of Critical State Concern mandates relating to housing affordability) recognize the need for 24 affordable housing throughout the state and particularly in the Florida Keys where developable land for 25 housing is extremely limited and expensive; and '6 27 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is 28 one requiring sensible and responsive use of residential unit allocations, including implementation of 29 long-term preservation mechanisms; and 30 31 WHEREAS, due consideration should be given to relevant factors such as the capacity for 32 allocation recipients to promptly transform allocation awardslreservations into finished and occupied 33 aflordable/workforce housing units; and J4 .. - 35 WHEREAS. Section 138-24(b)(2) of the Monroe County Land Development Code allows 36 the BOCC to authorize reservations for "specific affordable or employee housing projects participating 37 in a federal/state housing financial assistance or tax credit program or receiving some form of direct 38 financial assistance from the county upon written request from the project sponsor and approved by 39 resolution of the Board of County Commissioners," and 40 41 . WHEREAS, Frank Pla, as authorized by the current property owners, Riehl Alice Living Trust 42 and Armando & Maria (7 Cabrera, are proposing to develop the properties with twenty-eight (28) 43 affordable employee housing units;and t 2140 Doc.#2390470 Page Number: 17 of 25 1 2 WHEREAS,the reservation of affordable housing allocations for the anticipated project does not 3 exempt the project from applicable requirements for the Monroe County Land Development Regulations, 4 Building Code and other regulatory requirements, and 5 6 WHEREAS, Riehl Alice Living 'Trust and Armando & Maria C Cabrera shall obtain all 7 required approvals from the Monroe County Planning & Fnvironmental Resources Department for the 8 project:and 9 10 WHEREAS, Riehl Alice living Trust and Armando & Maria C Cabrera shall obtain permits 1 I for the affordable housing dwelling units by July 17,2022, if the permit for a reserved ROGO allocation 12 housing unit is not issued by that time,the allocation will revert to the County; 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 15 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 16 17 Section 1: The foregoing recitals are true and correct,and are hereby incorporated as if fully 18 set forth herein. 19 20 Section 2: The Monroe Count, Planning Department shall reserve twenty-eight (28) affordable 21 ROGO allocations(14 low income and 14 median income), for the project at 95301 Overseas Highway, 22 Section 13. Township fit, Range 38 Part Tract 6, Soutlicliff Estates, Key Largo, having Property 23 Identification Number 00493370-000000, and Lots I & 2, Block 1 Revised Plat of Sunrise Point Key 24 Largo, have Property Identification Number(s) 00484390-000000 and 00484400-000000 until July 25 17, 2022. 26 27 Section 3: The developer must obtain the building permits for the twenty-eight (28) 28 affordable/employee housing units on or before June 17"', 2022. 29 30 Section 4: The developer shall comply with all Monroe County requirements, all applicable 31 Building Code requirements, and any other oversight agencies. 32 33 Section 5: The Planning and Building Department Staff is hereby authorized to process 34 expeditiously permit related applications for the above referenced project when received. 35 36 PASSED AND ADOPTED by the Board of County Commissioners of" Monroe County. 37 Florida at a regular meeting held on the 17th day of March, 2021, 38 39 Mayor Michelle Coldiron Yes 40 Mayor Pro Tern David Rice Yes 41 Commissioner Craig Cates Yes 42 Commissioner Eddie Martinez Yes_ 43 Commissioner Mike Forster Yes 44 45 2 of 3 i . 2141 Doc.#2390470 Page Number: 18 of 25 1 2 BOARD OF COUNTY COMMISSIONERS OF MONROE 3 C0UNTY, FLORIDA _ y BY: ,- Mayor Michelle Coldiron N MADOK, CLERK MONROEC4 AT70RNEY 11 �` AP? TO FORM 13 AS DEPTJ Y CLERK PETER MORRIS ASSISTANT COUNTY ATTORNEY flats: 2/19/21 _Y q -7 T .ter C1 Z' Vr 3 of 3 2142 Doc.#2390470 Page Number: 19 of 25 EXHIBIT D - J 3 RESOLUTION NO. 171 -2022 75 4 A RESOLUTION OF THE AIONROE COUNTY BOARD OF COUNTY 0 5 CONIlIISSIONERS APPROVING THE RESERVATION EXTENSION $ 6 OF TWENTY-EIGHT(28)AFFORDABLE ROGO ALLOCATIONS(14 7 LOW 1NCO`'IE AND 14-MEDIAN) FOR PROPOSED EMPLOYEE S HOUSING DWELLING UNITS ON PROPERTY OWNED BY SOUTH 9 CLIFF HOLDINGS LLC LOCATED 95295 OVERSEAS HIGHWAY, 10 SECTION 13, TOWNSHIP 62, RANGE 38 PART TRACT 6, 11 SOUTHCLIFF ESTATES, K'EY LARGO, APPROXIMATE INULE 12 MARKER 95.5, i[AVING PROPERTY IDENTIFICATION NUNIBER � 13 00483370-000100, AND FOR PROPERTY LOCATED ON LOTS 1 & 2, 14 BLOCK I REVISED PLAT OF SUNRISE POINT, KEY LARGO 15 HAVING PROPERTY IDENTIFICATION NU.iBER(S) 00484390- 16 000000 AND 00484400-000000 AS REQUESTED BY FRANK PLA, c 17 UNTIL OC7'OBER 17,2022 FOR BUILDING PERrNIIT ISSUANCE. 4 is a 19 WHEREAS,the State of Florida and all local so%-crnrncnts in the Florida Keys(each subject to 20 Area of Critical State Concern mandates relating to housing affordability) recognize the need for 21 affordable housing throughout the state and particularly in the Florida Keys where developable land for a 22 housing is extremely limited and expensive;and 23 24 WHEREAS.the challenge of providing affordable housing opportunities in the Florida Keys is 25 one requiring sensible and responsive use of residential unit allocations, including implementation of N 26 long-term preservation mechanisms;and 27 0 28 WHEREAS, due consideration should b given to relevant factors such as the capacity for 0 e 29 allocation recipients to promptly transform allocation awards,reservations into finished and occupied 30 affordableiworlcforce housing units;and 31 32 WHEREAS,Section 138-24(b)(2) of the Monroe County Land Development Code allows 33 the BOCC to authorize: reservations for "specific affordable or employee housing projects 34 participating in a federal/state housinS financial assistance or tax credit program or reeciving some o 35 form of direct financial assistance from the county upon written request from the project sponsor and �. 36 approved by resolution of the Board of County Commissioners,'and 37 0 38 WHEREAS, South Cliff Holdings, LLC are proposing to develop the properties with twenty- � 39 eight(28)affordable employee housing units;and 40 41 WHEREAS, the reservation of affordable housing allocations for the anticipated project does E 42 not exempt the project from applicable requirements for the Monroe County Land Development � 43 Regulations,Building Code and other regulatory requirements.and u a t F?3t:EC8tf?g 314 `2143 Doc.#2390470 Page Number: 20 of 25 r t�SaC U J 1 WHEREAS,South Cliff Holdings,LLC shall obtain all required approvals from the Monroe 2 County Planning&Environmental Resources Department for the project;and 2 3 W 4 WHEREAS, South Cliff Holdings, LLC shall obtain permits for the affordable housing; 5 dwelling units by October 17,2022; if the permit for a reserved ROGO allocation housing unit is not s 6 issued by that time,the allocation%01 revert to the County; 0 7 W 8 NOW, THEREFORE, BE IT RESOLVED BY TIME BOARD OF COUNTY w 9 CO'NOUSSIONERS OF 1•IONROE COUNTY,FLORIDA: e 10 11 Section 1: The foregoing; recitals are true and correct, and are hereby ir:corporated as if m 12 fully set forth herein. ut 13 14 Section z The Monroe County Planning Department shall reserve twenty-eight(2.8)affordable }= 15 ROGO allocations (14 low income and 14 median Income), for the project at 95295 Overseas > 16 Highway,Sectiori 13,Township 62,Range 38 Part Tract 6,Soutitcliff Estates, Key Largo, having 17 Property Identification Number 00483370-000100,and Lots I &2,Block 1 Revised Plat of Sunrise IS Point Key Largo,have Property Identification Number(s)00484390-000000 and 00484400-000000 0 19 until October 17,2022. w 20 'o 21 Section 3; The developer must obtain the building permits for tite twenty-eight (28) 22 affordable/employee housing on or before October 17,2022. o 23 0 `o 24 Section 4: The developer shall comply with all Monroe County requirements,all applicable q 25 Building Code requirements,and any other oversight agencies. , 26 ° s 27 Section S; The Planning and Building Department Staff is hereby authorized to process 28 expeditiously permit related applications for the above referenced project when received. 29 Ce 30 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida 0 31 at a regular meeting held on the 15th day of June,2022. O 32 m 33 C3 Mayor David Rice Yos w' 34 c w Mayor Pro Tem Craig Cates Yeti c 35 >= Commissioner Michelle Coldiron Yes 0 36 Commissioner James Scholl Yes l it,: `" L,-r� C ommis,-ioner Holly Merrill Rascheincl� Vr*R o 38 �j r 39 - BOARD OF COUNTY COMMISSIONERS OF MONROE n 40 Call =; _ COUNTY,FLORIDA 41 42 ``=' Mayor David c 43 (SEAL) 44 ATTEST EVINMADOK,CL?~ a 033R0$GOUH1.YhT70R"EL tr - , va`p s totta3a: _ m 45 46 AS PUTY RK t, •�w,. 2 Q packet iy� �z 2144 Doc.#2390470 Page Number: 21 of 25 EXHIBIT E 2 �: t 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 RESOLUTION NO. 265 -2021 9 10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 11 COMMISSIONERS WAIVING APPROXIMATELY $211,215 IN 12 BUILDING PERMIT FEES FOR A TOTAL OF 28 AFFORDABLE 13 EMPLOYEE HOUSING DWELLING UNITS COMPRISED OF 14 LOW 14 INCOME AND 14 MEDIAN INCOME, OR BELOW, TO BE 15 CONSTRUCTED ON A PARCELS LOCATED AT 95301 OVERSEAS 16 HIGHWAY, ON KEY LARGO, HAVING REAL ESTATE (RE) NUMBERS 17 00483370-000000, 00484390-000000,AND 00484400-000000. 18 19 WHEREAS, on November 18,2009 the Monroe County Board of County Commissioners 20 ("Board") passed and adopted Ordinance 036-2009, allowing building permit fee waivers for 21 entities building low income housing leveraging state or federal funds, or affordable housing as 22 defined by state statutes; and 23 WHEREAS, on February 10, 2010, the Board passed and adopted Ordinance 004-2010, 24 allowing waivers for housing for households up to 120% of median income in Monroe County. 25 Housing exceeding 120% may also apply for a waiver if the specific project for development is 26 being subsidized with or is leveraging state or federal funding; and 27 WHEREAS, on March 17,2021,the Board passed and adopted Resolution No. 116-2021, 28 reserving 28 affordable housing allocations (14 low income and 14 median income) on the subject 29 parcels,until July 17, 2022 for building permit issuance; and 30 WHEREAS, on July 30, 2022 Frank Pla, Authorized Member for Applicant South Cliff 31 Holdings, LLC submitted the Application for Building Permit Fee Waiver. The legislative intent 32 of this Resolution is that the instant waiver shall apply to the building permit applicant of record; 33 and 34 WHEREAS, Monroe County Code Section 6-108(e) allows the Board approval for 35 waivers of building permit fees for affordable housing which have a Development Order in effect. 36 The Applicant of Record is requesting a building permit fee waiver of approximately $211,215 to 37 construct 11 multifamily buildings comprised of 12 one bedroom, one bathroom units; 12 two Page 1 of 2 n 2145 AF Doc.#2390470 Page Number: 22 of 25 38 bedroom,two and one-half bathroom units;and four(4)three bedroom,two and one half bathroom 39 units at 95301 Overseas Highway on Key Largo. 40 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 41 COMMISSIONERS OF MONROE COUNTY,FLORIDA,THAT: 42 The foregoing recitals are true and correct and are hereby incorporated as if fully stated 43 herein; and 44 Building permit fees are waived pursuant to Monroe County Code Section 6-108(e) for the 45 multi-family buildings comprising the 28 affordable housing units described herein with the 46 condition that evidence of an Affordable Housing Deed Restriction(s) accepted and/or approved 47 by both the Senior Director of Planning & Environmental Services and the Office of the County 48 Attorney and recorded in the Public Records of Monroe County, Florida shall be provided to the 49 Building Department and said permits are issued no later than July 17, 2022. 50 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 51 Florida, at a regular meeting held on the 18t11 day of August,2021. 52 Mayor Michelle Coldiron Yes ® Mayor Pro Ten:David Rice Yes �3 Commissioner Craig Cates Yes s Commissioner Eddie Martinez Yes s Commissioner Mike Forster Absent 59 T.) BOARD OF COUNTY COMMISSIONERS 60 Attest: KVIN MADOK, Clerk OF MONROE COU �.., 61 62 By BY "U'-fl(],,Ifrjw 63 As DepUy Clerk Mayor Michelle Coldiron LL PVTROECOUNTYATCORNEY C-; t-- Ae Leo* o-as To r• aau ^�, SCULL ASSISTANT COUNTY ATTORNF.Y Ln 08/20/21 ZD Page 2 of 2 A 2146 W Doc.#2390470 Page Number: 23 of 25 EXHIBIT F 2 d Ti1r r23- :. 4 5 zw'� 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 RESOLUTION NO. 201 -2022 9 10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 11 COMMSSIONERS EXTENDING THE WAIVER OF APPROXIMATELY 12 $211,215 IN BUILDING PERMIT FEES FOR A TOTAL OF 28 13 AFFORDABLE EMPLOYEE HOUSING DWELLING UNITS 14 COMPRISED OF 14 LOW INCOME AND 14 MEDIAN INCOME, OR 15 BELOW, TO BE CONSTRUCTED ON A PARCELS LOCATED AT 95301 16 OVERSEAS HIGHWAY,ON KEY LARGO,HAVING REAL ESTATE (RE) 17 NUMBERS 00483370-000000, 00484390-000000, AND 00484400-000000. 18 19 WHEREAS, on November 18, 2009 the Monroe County Board of County Commissioners 20 ("Board") passed and adopted Ordinance 036-2009, allowing building permit fee waivers for 21 entities building low income housing leveraging state or federal funds, or affordable housing as 22 defined by state statutes; and 23 WHEREAS, on February 10, 2010, the Board passed and adopted Ordinance 004-2010, 24 allowing waivers for Housing for households up to 120% of median income in Monroe County. 25 Housing exceeding 120% may also apply for a waiver if the specific project for development is 26 being subsidized with or is leveraging state or federal funding; and 27 WHEREAS,on March 17, 2021, the Board passed and adopted Resolution No. 116-2021, 28 reserving 28 affordable housing allocations (14 low income and 14 median income)on the subject 29 parcels, until July 17, 2022 for building permit issuance; and 30 WHEREAS, on July 30, 2021 Frank Pla, Authorized Member for Applicant South Cliff 31 Holdings, LLC submitted the Application for Building Permit Fee Waiver. The legislative intent 32 of this Resolution is that the instant waiver shall apply to the building permit applicant of record; 33 and 34 WHEREAS, on June 15, 2022, the Board passed and adopted Resolution No. 171-2022, 35 extending the reservation for 28 affordable housing allocations (14 low income and 14 median 36 income) on the subject parcels, until October 17, 2022 for building permit issuance; and 37 Page 1 of 2 n 2147 4) Doc.#2390470 Page Number: 24 of 25 38 39 WHEREAS, Monroe County Code Section 6-108(e) allows the Board approval for 40 waivers of building permit fees for affordable housing which have a Development Order in effect. 41 The Applicant of Record is requesting a building permit fee waiver of approximately$211,215 to 42 construct 11 multifamily buildings comprised of 12 one bedroom, one bathroom units; 12 two 43 bedroom,two and one-half bathroom units;and four(4)three bedroom,two and one half bathroom 44 units at 95301 Overseas Highway on Key Largo. 45 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 46 COMMISSIONERS OF MONROE COUNTY,FLORIDA,THAT: 47 The foregoing recitals are true and correct and are hereby incorporated as if fully stated 48 herein; and 49 Building permit fees are waived pursuant to Monroe County Code Section 6-108(e) for the 50 multi-family buildings comprising the 28 affordable housing units described herein with the 51 condition that evidence of an Affordable Housing Deed Restriction(s) accepted and/or approved 52 by both the Senior Director of Planning & Environmental Services and the Office of the County 53 Attorney and recorded in the Public Records of Monroe County, Florida shall be provided to the 54 Building Department. 55 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 56 Florida, at a regular meeting held on the 20th day of July, 2022. 57 Mayor David Rice Yes 58 �' ' Mayor Pro Tern Craig Cates Yes 59 2 �" Commissioner Michelle Coldiron Yes 60 Commissioner James Scholl Yes 61 Commissioner Holly Merrill Raschein Yes 62 63 •9�..-.f �`�r r 64 (SEA ""'° "'` BOARD OF COUNTY COMMISSIONERS 65 Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA 66 ` 67 By ( By 68 CD As DQj.TULy Cler Mayor David Ric 69 J L .;. _ •J� MON ROE;COU NTY.ATTORNEY' APPR.QVEO'M TO FORM: L�C' �4. KELLY DUGAN AssisTANT COUNTY.ATTDRNEY 7 i DATE: JllIy5,2022 70�? `L Page 2 of 2 k_ A 2148 Doc. #2390470 Page Number: 25 of 25 MONROE COUNTY, FLORIDA ACCEPTANCE OF EMPLOYEE HOUSING DEED RESTRICTION For-Building Permit Applications: 21301890; 21301889; 21301888; 22300472; 22300471; 22300470; 22300469; 22300468; 22300467; 22300466; and 22300465" In Witness Whereof, Grantee accepts the Employee Housing Deed Restriction granted above and executes this instrument the date set forth below. Grantee Monroe County,Florida: Ff 'Ta >rnr1 First Witness(Print Name) Senior Director,Monroe Cou n ylanning and Environmental Resources Department(Print First Witnes ( ignature) Senior Director,Monroe County Planning and Environmental Resources Department (Signature) Second Witness (Print Name) Date(Print) Approved as to form and sufficiency. Second Witnes Si nature) ;/PC STATE OF COUNTY IC�h Tyson Smith, Esq. Date: September 7,2622- Sworn to and subscribed before me, by means of)(physical +presence or❑ online notarization this 1'rn day of 3er4em- ,2aa,by E I I "r who i personally known to ni OR produced as identification. Signature of Notary c ;tiaY'o�^.., ALISON J.SMITH _°: �� Notary Puhlic State of]diCommission N HH 155 P`�,dMy Comm.Expires Jul 1Print, Type or Stamp Commissioned Name of Notary Public Bonded through National Nota My commission expires: 1 2149 4' 1 2 RESOLUTION NO. 116 -2021 3 4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 5 COMMISSIONERS APPROVING THE RESERVATION OF TWENTY- 6 EIGHT (28) AFFORDABLE ROGO ALLOCATIONS (14 LOW 7 INCOME AND 14 MEDIAN) FOR PROPOSED EMPLOYEE 8 HOUSING DWELLING UNITS ON PROPERTY OWNED BY RIEHL 9 ALICE LIVING TRUST LOCATED 95301 OVERSEAS HIGHWAY, 10 SECTION 13, TOWNSHIP 62, RANGE 38 PART TRACT 6, 11 SOUTHCLIFF ESTATES, KEY LARGO, APPROXIMATE MILE l2 MARKER 95.5, HAVING: PROPERTY IDENTIFICATION NUMBER 13 00483370-000000, AND PROPERTY OWNED BY ARMANDO & 14 MARIA C. CABRERA, FOR PROPERTY LOCATED ON LOTS 1 & 2, 15 BLOCK 1 REVISED PLAT OF SUNRISE POINT, KEY LARGO 16 HAVING PROPERTY IDENTIFICATION NUMBER(S) 00484390- 17 000000 AND 00484400-000000 AS REQUESTED BY FRANK PLA, AS 18 AUTHORIZED BY THE PROPERTY OWNERS, RIEHL ALICE 19 LIVING TRUST AND ARMANDO & MARIA C. CABRERA, UNTIL 20 JULY 17, 2022 FOR BUILDING PERMIT ISSUANCE. 21 22 WHEREAS,the Stale of Florida and all local governments in the Florida Keys (each subject to 23 Area of Critical State Concern mandates relating to housing affordability) recognize the need for 24 affordable housing throughout the state and particularly in the Florida Keys where developable land for 25 housing is extremely limited and expensive; and 26 27 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is 28 one requiring sensible and responsive use of residential unit allocations. including implementation of 29 long-term preservation mechanisms; and 30 31 WHEREAS, due consideration should be given to relevant factors such as the capacity for 32 allocation recipients to promptly transform allocation awardslreservations into finished and occupied 33 affordable/workforce housing units; and a4 -. - 35 WHEREAS. Section 138-24(b)(2) of the Monroe County Land Development Code allows 36 the BOCC to authorize reservations for "specific affordable or employee housing projects participating 37 in a federal/state housing financial assistance or tax credit program or receiving some form of direct 38 financial assistance from the county upon written request from the project sponsor and approved by 39 resolution of the Board of County Commissioners," and 40 41 WHEREAS, Frank Pla, as authorized by the current property owners, Riehl Alice Living Trust 42 and Armando & Maria C Cabrera, are proposing to develop the properties with twenty-eight (28) 43 affordable employee housing units:and I 2150 1 2 WHEREAS,(lie reservation of affordable housing allocations for the anticipated project does not 3 exempt the project from applicable requirements for the Monroe County Land Development Regulations, 4 Building Code and other regulatory requirements; and 5 6 WHEREAS, Riehl Alice Living 'Trust and Armando & Maria C Cabrera shall obtain all 7 required approvals from the Monroe Count• Planning & Environmental Resources Department for the 8 project_and 9 10 WHEREAS, Riehl Alice living Trust and Armando & Maria C Cabrera shall obtain permits 1 I for the affordable housing dwelling units by July 17,2022, if the permit for a reserved ROGO allocation 12 housing unit is not issued by that time.the allocation will revert to the County: 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 15 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 16 17 Section 1: The foregoing recitals are true and correct,and are hereby incorporated as if fully 18 set forth herein. 19 20 Section 2: Tile Monroe Count), Planning Department shall reserve twenty-eight (28) affordable 21 ROGO allocations(14 low income and 14 median income), for the project at 95301 Overseas Highway, 22 Section 13. Township 62, Range 38 Part Tract 6, Soutlicliff Estates, Key Largo, (laving Property 23 identification Number 00483370-000000, and Lots I & 2, Block 1 Revised Plat of Sunrise Point Key 24 Largo, have Property identification Number(s) 00484390-000000 and 00484400-000000 until July 25 17, 2022. 26 27 Section 3: The developer must obtain the building permits for the twenty-eight (28) 28 affordable/employee housing units on or before June 17"', 2022. 29 30 Section 4: "rhe developer shall comply with all Monroe County requirements, all applicable 31 Building Code requirements, and any other oversight agencies. 32 33 Section 5: The Planning and Building Department Staff is hereby authorized to process 34 expeditiously pennit related applications for the above referenced project when received. 35 36 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 37 Florida at a regular meeting held on the 17th day of March, 2021. 38 39 Mayor Michelle Coldiron _Yes 40 Mayor Pro Tern David Rice YeS 41 Comm i ss ioner Crai g Cates Yes 42 Commissioner Eddie Martinez Yes_ 43 Commissioner Mike Forster Yes 44 45 2 of 3 2151 1 2 BOARD OF COUNTY COMMISSIONERS OF MONROE 3 COUNTY, FLORIDA _ 4 � iSl' .. 1 Mayor Michelle Coldiron N MADOK, CLERK MONROE COJWY ATTORNEY APP TO FORM 13 AS DEPU Y CLERK PETEAMORRe ASSISTANT COUNTY ATTORNEY ❑ate: 2/19/21 _1 4 -7 i -� i} 3 of 3 2152 f- �'11 1"t 2 4 u i4 u a 5 " 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 RESOLUTION NO. 265 -2021 9 10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 11 COMMISSIONERS WAIVING APPROXIMATELY $211,215 IN 12 BUILDING PERMIT FEES FOR A TOTAL OF 28 AFFORDABLE 13 EMPLOYEE HOUSING DWELLING UNITS COMPRISED OF 14 LOW 14 INCOME AND 14 MEDIAN INCOME, OR BELOW, TO BE 15 CONSTRUCTED ON A PARCELS LOCATED AT 95301 OVERSEAS 16 HIGHWAY, ON KEY LARGO, HAVING REAL ESTATE (RE) NUMBERS 17 00483370-000000, 00484390-000000,AND 00484400-000000. 18 19 WHEREAS, on November 18,2009 the Monroe County Board of County Commissioners 20 ("Board") passed and adopted Ordinance 036-2009, allowing building permit fee waivers for 21 entities building low income housing leveraging state or federal funds, or affordable housing as 22 defined by state statutes; and 23 WHEREAS, on February 10, 2010, the Board passed and adopted Ordinance 004-2010, 24 allowing waivers for housing for households up to 120% of median income in Monroe County. 25 Housing exceeding 120% may also apply for a waiver if the specific project for development is 26 being subsidized with or is leveraging state or federal funding; and 27 WHEREAS, on March 17,2021,the Board passed and adopted Resolution No. 116-2021, 28 reserving 28 affordable housing allocations (14 low income and 14 median income) on the subject 29 parcels, until July 17, 2022 for building permit issuance; and 30 WHEREAS, on July 30, 2022 Frank Pla, Authorized Member for Applicant South Cliff 31 Holdings, LLC submitted the Application for Building Permit Fee Waiver. The legislative intent 32 of this Resolution is that the instant waiver shall apply to the building permit applicant of record; 33 and 34 WHEREAS, Monroe County Code Section 6-108(e) allows the Board approval for 35 waivers of building permit fees for affordable housing which have a Development Order in effect. 36 The Applicant of Record is requesting a building permit fee waiver of approximately $211,215 to 37 construct 11 multifamily buildings comprised of 12 one bedroom, one bathroom units; 12 two Page 1 of 2 2153 38 bedroom,two and one-halfbathroora'r units;and four(4)three bedroom, two and one half bathroom, 39 awaits at,95301 Overseas 11i ;hwway on Key 1.,ar ca. 0 NOW, THEREFORE, :BE 11' RESOLVED BV ' Il:E BOARD OF COUN"'I 41 COMMISSIONERS OF M(.)NROE COUNTY, FLORIDA, THAT: 42 'rhe foregoing recitals are trace and correct and are hereby incorporated as if fully staated. 43 herein; and 44 I4nild i ng permit lees are waived pursaaant:to M011r0e C..OUrfly Code Section -108(e) for the 45 ra ulti-fiarnily buildings comprising the: 28 affordable 110LISing marts described herein with tlae 46 condition that evidence of an Affordable Housing Deed Restriction(s) ,accepted and/or approved 7 by both the Senior Director of Planning lmvironmental Services and the C tflice of the County 48 Attorney and recorded in the 1"arbl'ie Records of Monroe County, I'lorida steal I he provided to the 9 1:laaildin; Department nand said permits are issued no later than July 17, 2022. 0 PASSE,1) AND AI + wP 1 E1I by the Board cw4'C.aunty t~onunissioners of Monroe Cbunty, 1 1-1oridaa, at a regular meeting held can the 18"' day of AUgust, 2021, 52 Mayor Michelle C"oUr n Yes Mayor Pro den; David Rice; ..-Yes, x �".a:rn�raaaw+srnuaa�r°C',raar Cates ""r"es.e C:`c,ammissioner Eddie Martinez "des_ I C onamissioner Mike Forster A bsent. 59 BOARD 01 C:"O[1N li'Y COMMISSIONERS 60 VIN 4v1�y1�OK Clerk OFI''w�C�1^w1ROI'°. C"C�t.t � .a Attest; 1 61 2 ByUu A By 63 As Dep 'y Clerk Mayor Michelle Coldiron. �„ p aw m:•taw wow wu' s�ne;w s ' . .H �dtl➢„5i:arl. ,�"oab I^`C NtwE; o , ASSN 1'A,"1`&'6 4A'4i"w'k"Y All(NRN1"A' 08/20/21 Page 2 of 2154 NOTICE OF PUBLIC HEARING TO CONSIDER THE PURCHASE OF REAL PROPERTY FOR AFFORDABLE HOUSING NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on March 20, 2024, at 9:00 A.M., or as soon thereafter as the matter may be heard, a Public Meeting will be held at the Nelson Government Center, 102050 Overseas Hwy, Key Largo, FL 33037, pursuant to Florida Statute 125.355(1)(a),the Board of County Commissioners of Monroe County,Florida,intends to consider approval of the purchase of the following property in Monroe County, Florida: A PURCHASE OF REAL PROPERTY FOR PROPOSED EMPLOYEE HOUSING DWELLING UNITS OWNED BY SOUTH CLIFF HOLDINGS LOCATED ON LOTS 1 & 2,BLOCK 1 REVISED PLAT OF SUNRISE POINT,KEY LARGO,HAVING PROPERTY IDENTIFICATION NUMBER 00484390-000000. 2155