Resolution 123-2024 RESOLUTION NO. 123 -2024
A RESOLUTION OF 'THE BOARD OF CotJNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
RESCINDING RESOLUTION 041-2023, INCLUDING AN
AGREEMENT FOR PURCHASE AND RESTRICTIVE
COVENANT EXECtJ ED ONJANLJARY 18, 2023; RESCINDING
AN ASSOCIATED PURCHASE AGREEMENT AMENDMENT'
EXECUTED ON APRIL 19, 2023; AND REPLACIN("I SAID
RESOLUTION WITH A RESOLUTION GRANTING APPROVAL
OF A PURCHASE AGREEMENT OF PROPERTY FLJNDEJ) 13V
THE COMMUNITY DEVELOPMENT BLOCK GRANT —
DISASTER RECOVERV VOLUNTARY HOME BUYOUT
I
PROGRAM, APPROVING EXECUTION OF A RESIFRI("TIVE
COVENANT RUNNING WITH
I R THE LAND, AND APPROVING
THE MOVEMENT OF MARKET RATE ROGO EXEMPTION
FROM THE PROPERTY TOTiIE ADMINISTRATIVE RELIEF
POOL FOR MARKET' RATIO; ALLOCATIONS.
WHEREAS, Hurricane Irma impacted the P'lorida 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 Departi-nent of
EC0410MIC Opportunity (DlEO)), developed a Community Development Block Grant - Disaster
Recovery((`1J)BG-DR)Action Plan that detailed how the State will administer the funds statewide,
The Action Plan allocated funding for the Voluntary Home Buyout Program (VF[BP) for the
unincorporated portions of 1\/Ionroe County, The County was awarded$15 Million in funding;and
W.11EREAS, the County adopted Resoltilion 150-2020 to accept and execute the VlfBP
Subrecipient Agreement for the (.f)BG-DR, fending on May 20, 2020, which was amended by an
Amendment to the VHBP Subrecipient Agreement approved on March 17, 202 1; and.
WIJEREAS, 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 offuture 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 Res,oltilion 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 I'Linctions. This deed-restriction is provided for in a
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"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
WHEREAS, 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 LipLjislative Intent. The foregoing recitals and statements of
legislative intent are true and correct and are hereby incorporated as if fully stated
herein.
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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.
Sectio.n_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]
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PASSED AND ADOPTED by the Board of.Cpunty Commissioners of Monroe County,
.
Florida, at a regular meeting of said Board held on the 7e0th
day of March 2024.
Mayor Holly Merrill Rdschein.,.DistriOt 5 Yes
Mayor Pro Tem James K.-, Scholl, District :3 Yes
Comtnisioner Craig Cates, District 1 Yes
.Commissioner Michelle Lincoln., District 2 Yes
Commissioner David Rice, District 4 Yes
1: f3,0 74
:tai\th ,lyiN MADOK, CLERK.,, ,...
BOARD OF COUNTY COMMISSIONERS
Iff'jj. triikk, • r'.:1#\,-11. --'I'"
.._1 OF MONROE COUNTY, FLORIDA.
........
''Y.;:,;•;?:!!Ir';'8,,-,,;.-41.2:05i,',,-4' - c , 13
' As . eputy Cle . :.: Holly Merrill Kaschein, Mayor
MONROE COUNTY ATTORNEY
APPROVED.A S',:-:71:41:-FORM
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:Kelly Dugan
ASSISTANT COUNTY ATTORNEY
Date: _ '-')-,[14; I 9q,
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