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Item F2 F2 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 July 17, 2024 Agenda Item Number: F2 2023-1322 BULK ITEM: Yes DEPARTMENT: County Land Acquisition And Land Management TIME APPROXIMATE: STAFF CONTACT: Christine Hurley AGENDA ITEM WORDING: Approval of a contract to purchase a less than fee interest in Block 18, Lots 15 and 16, Eden Pines Colony on Big Pine Key near mile marker 29 from Nicholas J. Giamatti and Deborah S. Giamatti for density reduction purposes for the price of$60,410. ITEM BACKGROUND: This acquisition is proposed pursuant to BOCC Resolution 039-2024 (the Less Than Fee Acquisition Program) to protect property rights, to reduce density, and to reduce the County's potential liability for takings suits. The subject property is a 10,200 square foot site located at 1857 Narcissus Avenue on the bay side of Big Pine Key and is developed with one dwelling unit. Lot 16 is developed with a house. Lot 15 is a vacant, canal front, mulched yard that is being used for parking. The less than fee interest being purchased by the County will combine the site into a single Unified Parcel and will: • Limit the total density of the Unified Parcel to one residential dwelling unit • Retire all other density and prohibit the transfer of density off site • Prohibit new accessory structures providing habitable space • Not prohibit accessory uses and non-habitable accessory structures • Not prohibit additions to the lawfully established existing residential unit The Sellers have executed the attached purchase agreement requiring a restrictive covenant to be recorded in the public records imposing the above restrictions. The purchase price for the less than fee interest is $60,410.00. Since there is no separate market land value listed for Lot 15 on the Monroe County Property Appraiser's website, this purchase price is based on the $60,410.00 current market land value listed for a comparable lot in the same subdivision on Narcissus Avenue (Block 19, Lot 2). The estimated closing costs for this transaction will be approximately $1,500. 2626 PREVIOUS RELEVANT BOCC ACTION: The Board established and modified the Less Than Fee program though the adoption of Resolutions: 06/20/18 - 175-2018, 12/19/18 - 438-2018, 02/19/20 - 063-2020, 04/20/22 - 128-2022, which repealed and replaced the previous resolutions, and 01/31/24 - 039-2024, which authorized the BOCC to obtain an appraisal for any LTF purchase over $99,999. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: MCPA Record Card - Subject Property MCPA Aerial - Subject Property MCPA Record Card - Comparable Property Purchase Agreement with Exhibit A Restrictive Covenant BOCC Resolution 039-2024 FINANCIAL IMPACT: Effective Date: Expiration Date: None Total Dollar Value of Contract: $60,410.00 plus estimated closing costs of$1,500.00 Total Cost to County: $61,9 10.00 Current Year Portion: $61,9 10.00 Budgeted: Yes Source of Funds: 304 Funds infrastructure sales surtax CPI: N/A Indirect Costs: To be determined Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing:No If yes, amount: 2627 Grant: No County Match: N/A Insurance Required: Yes, will be covered by County's liability policy Additional Details: $60,410.00 plus closing costs estimated to be approximately $1,500.00 2628 5/21/24, 12:52 PM gPublic.net-Monroe County, FL-Report:00268860-000000 Monroe County, FL **PROPERTY RECORD CARD** Disclaimer The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all propertywithin the County.The Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data provided regarding one tax year may not be applicable in prior or subsequent years.By requesting such data,you hereby understand and agree that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose. By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel ID 00268860-000000 Account# 1340499 Property ID 1340499 /may MillageGroup 100H s4 Location 1857 NARCISSUSAve,BIG PINE KEY Address Legal BK 18 LTS 14,15&16 EDEN PINES COLONY P134-158 BIG PINE KEY(BORDERING Description NARCISSUS)OR206-215-216 OR542-842 OR694-10 OR729-232 OR754-1434 OR761-1918 OR825-2071 OR942-752 OR1097-1969 OR1244-2254 OR1320-94/95 OR1331-2198/99(T/C)OR1340-1503/04TR OR1688-599 OR1688-598 OR1688-600 O R 1849-1221 O R 3001-198 3 II4ul au be ir,ud ou,Ilug.II d uaauIHUinil',°x.) Neighborhood 635 Property Class MULTI-FAMILY DUPLEX(0802) Subdivision EDEN PINES COLONY Sec/Twp/Rng 15/66/29 Affordable No Housing !m,I'' Owner GIAMATTI NICHOLAS J GIAMATTI DEBORAH S 1857 Narcissus Ave 1857 Narcissus Ave Big Pine Key FL 33043 Big Pine Key FL 33043 Valuation 2023 Certified Values 2022 Certified Values 2021 Certified Values 2020 Certified Values + Market Improvement Value $186,896 $195,990 $169,011 $137,455 + MarketMiscValue $7,328 $7,424 $7,521 $7,619 + Market Land Value $412,896 $262,781 $138,942 $134,640 = Just Market Value $607,120 $466,195 $315,474 $279,714 = Total Assessed Value $296,972 $277,052 $258,736 $243,540 School Exempt Value ($25,000) ($25,000) ($25,000) ($25,000) = School Taxable Value $387,034 $314,645 $237,552 $218,540 Historical Assessments Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2022 $262,781 $195,990 $7,424 $466,195 $277,052 $25,000 $314,645 $126,550 2021 $138,942 $169,011 $7,521 $315,474 $258,736 $25,000 $237,552 $52,922 2020 $134,640 $137,455 $7,619 $279,714 $243,540 $25,000 $218,540 $36,174 2019 $130,050 $104,677 $7,716 $242,443 $200,416 $25,000 $175,416 $42,027 2018 $133,952 $83,742 $6,722 $224,416 $190,062 $25,000 $165,062 $34,354 I is II`n1,�axll trim uirin I to ii L;I ll II u l y ir,iuiii ud l u irina l a oii i Il y unid^d-iou Ild iii o l be i' 11 i ud i A pnanru�l II a iaa,i.mlll ppoii l Falb II IRy wnoi.uni L 4 o i[i l ia: of n of I cu k o vo ii f V l II a H i mll ppoii Mllr o II a l7 wna i a ii L Land Land Use Number of Units Unit Type Frontage Depth MULTI RES CANAL(080C) 5,100.00 Square Foot 60 85 RESIDENTIAL CANAL UNPERMITTED(01CM) 10,200.00 Square Foot 60 85 Buildings Building ID 14910 Exterior Walls ABOVE AVERAGE WOOD 2629 https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&Page ID=7635&Q=1528041556&KeyValue=0026886... „ , 5/21/24, 12:52 PM gPublic.net-Monroe County, FL-Report:00268860-000000 Style STILT 1STORY Year Built 1980 Building Type M.F.-R2/R2 EffectiveYearBuilt 2007 Building Name Foundation CONC PILINGS Gross Sci Ft 3228 Roof Type GABLE Finished Sci Ft 760 Roof Coverage METAL Stories 2Floor Flooring Type CONCS/BGRND Condition AVERAGE Heating Type NONE with 0%NONE Perimeter 156 Bedrooms 2 Functional Obs 0 Full Bathrooms 2 Economic Obs 0 Half Bathrooms 0 Depreciation% 22 Grade 450 Interior Walls DRYWALL Number of Fire PI 0 Code Description Sketch Area Finished Area Perimeter CPF COVERED PARKING FIN 220 0 62 CPU COVERED PARKING UNFIN 240 0 64 ELF ELV FIN FD 260 0 66 OPX EXC OPEN PORCH 496 0 164 FHS FINISH HALFST 660 0 118 FLA FLOOR LIVAREA 760 760 156 OUF OP PRCH FIN UL 432 0 160 SBF UTIL FIN BLK 160 0 56 TOTAL 3,228 760 846 Yard Items Description Year Built Roll Year Size Quantity Units Grade WALLAIRCOND 1985 1986 Ox0 1 1UT 2 RW2 1987 1988 60 x 1 1 60SF 4 WALLAIRCOND 1989 1990 Ox0 1 1UT 1 WOOD DOCKS 1987 1988 4 x 28 1 112 SF 3 WOOD DOCKS 1987 1988 4x15 1 60SF 3 FENCES 2009 2010 4 x 24 1 96 SF 5 CONCRETE DOCK 1987 1988 4x15 1 60SF 2 FENCES 1984 1985 6 x 150 1 900 SF 2 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee 12/V1997 $165,000 Warranty Deed 1491 0126 Q-Qualified Improved 12/1/1988 $103,800 Warranty Deed 1076 148 Q-Qualified Improved 9/1/1979 $12,900 Conversion Code 801 1 Q-Qualified Vacant Permits Date Date Amount Permit Number ' Issued ' Completed Type 'w Notes R-RMDL- 1/3/2023 3/14/2024 $0 Residential Changing my home's designation from Lawfully Established 2 Unit Duplex,to a Conforming Single 2022-0197 Family Residence.NO Construction.NO Alterations.NO Change in Floor Plan.NOTE:Floor Plan remains UNCHANGED and remains identical to the Floor Plan Originally Recorded in 1980,and STILL being utilized by the Monroe County Property Appraiser. 21101839 6/18/2021 8/17/2021 $2,215 Residential 19102234 7/11/2019 2/6/2020 $28,000 Residential REMOVE AND REPLACE 945 SQ FT OF EXISTING ROOF MATERIAL.INSTALL GRACE ICE UNDERLAYMENT.INSTALL 3"X3"CUSTOM EAVE DRIP.INSTALL 5 V CRIMP METAL ROOF 06106795 12/7/2006 4/24/2007 $1,520 Residential INSTALL TYVEK OVER EXISTING TI-11 AND CEDAR SIDING 06103101 5/15/2006 4/24/2007 $9,000 Residential RE-COVER ROOF COSMETIC(THATCH OVER EXISTING V-CRIMP ROOF WITH DOMINGO THATCH PRODUCT) 05104869 9/13/2005 12/30/2005 $1,950 Residential REBUILD TWO DUPLEX SERVICES 5934-A 10/1/1979 10/1/1980 $61,600 Residential SFR-DUPLEX View Tax I nfo View Iaxes faur'LhiisIlaircell ............................................................. Sketches(click to enlarge) 2630 https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&Page ID=7635&Q=1528041556&KeyValue=0026886... —, , 5/21/24, 12:52 PM gPublic.net-Monroe County, FL-Report:00268860-000000 12 13 rot 119 ( 119 44 P 0 SB 2k3 PLF 8 CPF FLA FLA 4) 300) Frei 5 (240 (1 ) (260 (22 ) (300), (650) 9 4 OUF OUF (40) (40) Photos 2631 https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&Page ID=7635&Q=1528041556&KeyValue=0026886... -1 , 5/21/24, 12:52 PM gPublic.net-Monroe County, FL-Report:00268860-000000 Map w duv, w �a 1 i n t i TRIM Notice Schneider GEOsPATiAi, V it lF'iv,gq, ,IFolliiay � }II"III II"iriiv as ,IV saua,, 2632 https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&Page ID=7635&Q=1528041556&KeyValue=0026886... „ , Block 18, Lots 15 and 16, Eden Pines Colony Big Pine Key � //� /JJ 29100 PALM AVE 1=;J, Q ass W� "F'�r29100 PRIMROSE LN i' j'"�u z l „l 29000 ~MAGNOLIA DRY / / G1 t �t ;� �r29100 HIBISCUS LN �ra�/ i ca =�pto OL 129000 MARIGD j WUj 1 � 668 � �/ �� 29100�ORCHIDLN � CY T ti' CO "' (29000 PALMETTO co N p l v z c 0 0 i I' �p 2687 26. 0001 2633 Monroe County, FL **PROPERTY RECORD CARD** Disclaimer The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County.The Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data provided regarding one tax year may not be applicable in prior or subsequent years.By requesting such data,you hereby understand and agree that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose. By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel ID 00268970-000000 Account# 1340600 Property ID 1340600y MillageGroup 100H Location Address 1533 NARCISSUS Ave,BIG PINE KEY t Legal Description BK 19 LT2 EDEN PINES COLONY PB4-158 BIG PINE KEY OR303-174/175 OR828-630 '4au'k lay Ibu ia°x xl ouii Ilug gall¢,ucinm ril',°,J Neighborhood 635 Property Class VACANT RES(0000) Subdivision EDEN PINESCOLONY Sec/Twp/Rng 15/66/29 Affordable No Housing ,� <✓a ',. Owner MEREDITH DEAN 9779 W Atlantic Ave Delray Beach FL 33446 Valuation 2023 Certified Values 2022 Certified Values 2021 Certified Values 2020 Certified Values + MarketlmprovementValue $0 $0 $0 $0 + MarketMiscValue $0 $0 $0 $0 + Market Land Value $60,410 $67,961 $45,307 $45,900 = Just Market Value $60,410 $67,961 $45,307 $45,900 = Total Assessed Value $35,533 $32,303 $29,366 $26,696 School Exempt Value $0 $0 $0 $0 = School Taxable Value $60,410 $67,961 $45,307 $45,900 Historical Assessments Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2022 $67,961 $0 $0 $67,961 $32,303 $0 $67,961 $0 2021 $45,307 $0 $0 $45,307 $29,366 $0 $45,307 $0 2020 $45,900 $0 $0 $45,900 $26,696 $0 $45,900 $0 2019 $35,190 $0 $0 $35,190 $24,269 $0 $35,190 $0 2018 $22,063 $0 $0 $22,063 $22,063 $0 $22,063 $0 Iua.II`n1,�axlltrimuirin I loci L Ibllll!Ry irx iuiii ad°'rluirin„i a oiiilly unid^J-ioulld iiW be u'm!Iliud iApnanru�d-lu iaa,i.mll ppoii Mb1IIIPl7 wnoi.uniL 4 anvil Ha: oin ofl cu W vo iify d-iu Hb ill ppoii MlbllRy wna iaiiL Land Land Use Number of Units Unit Type Frontage Depth RESIDENTIAL CANAL UNPERMITTED(01CM) 5,100.00 Square Foot 60 85 2634 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee 3/1/1981 $15,000 Warranty Deed 828 630 Q-Qualified Vacant View Tax I nfo View Faxes for Lhiis(Pair vela ............................................................. Photos r i r i I � fi� �b�mEfi{Nfl,' r Map r�ll� TRIM Notice No data available for the following modules:Buildings,Yard Items,Permits,Sketches(click to enlarge). Schneider ., ., GCOSPAT'IAL U1!�lirll"iriiv,aq,y,ll"�slliia,°� �I}II'll�.11"iriivaa°�,IVlsaua,l, pa a UYp llls pa e l/l laid l l<?1 a AIY !e,eee,eeee.e,,,,, 2635 AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST IN LANDS THIS AGREEMENT is made and entered into this - day of 2024, by and between Nicholas J. Giamatti and Deborah S.Giamatti (hereinafter "Seller(sy), for themselves, their heirs, executors, administrators, Successors and assigns, and MONROE COUNTY, FLORIDA(hereinafter"COUNTY"). WITNESSETH: 1. The Seller(s) represent they are the owners of the following real property (hereinafter "Primary Parcel")thereunto belonging, owned by them, situate and lying in, the County of Monroe, State of Florida, that is currently developed with a residential dwelling unit and is more particularly described as follows; to-wit: Block 18, Lot 16 Eden Pines Colony►(PB 4-158) RE#00268860-000000 The Seller(s) represent they are also► the owners of the following real property (hereinafter "Secondary Parcel") thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida, that borders the Primary Parcel and is currently not developed with a residential dwelling unit or any other habitable space and is more particularly described as follows; to-wit: Block 18, Lot 15 Eden Pines Colony►(PB 4-158) RE#00268860-000000 2. In consideration of Ten Dollars ($10.O0) in hand, paid by the COUNTY, the receipt of which is hereby acknowledged, the Seller(s) agree to sell to the COUNTY certain property rights owned by Seller, upon the terms and conditions hereinafter set forth, and for the price of $60,410.00- The Seller(s) covenant to surrender, release, relinquish and transfer any and all of the Seller(s)'s property rights in accordance with the Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances attached as Exhibit A together with the other documents listed in Section 6 (hereinafter collectively "Less Than Fee Interest") from the combined Primary Parcel and Secondary Parcel (hereinafter collectively"Unified Parcel"). 3. The Seller(s) agree that they have full right, power and authority to convey, and that they will convey to the COUNTY the Less Than Fee Interest and will simultaneously unify title of the servient estates of the Secondary Parcel with the Primary Parcel, subject to the following conditions and obligations: The COUNTY, at the COUNTY'S expense, shall have a title report commissioned to allow the COUNTY or its agent to examine all record detail of the ownership and encumbrances (0 & E) affecting title to the Unified Parcel, The COUNTY may, at its option during the time permitted for examination of title, have the Unified Parcel surveyed and: certified by a registered Florida surveyor, If the survey or 0 & E report disclose encroachments on the Unified Parcel or the existence of improvements located thereon, or any other restrictions, contract covenants, filens, transfers of development rights, or applicable governmental regulations, deemed not acceptable to the COUNTY, the same shall constitute a title defact. 2636 The COUNTY shall have sixty(60) days from the Effective Date in which to examine the 0 & E of Seller's title. If title is found defective, as determined in the sole discretion of COUNTY, the COUNTY shall, within this specified time period, notify Seller(s) in writing specifying defect(s)- If the defect(s) render title unacceptable to the COUNTY, the Seller(s)will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s). The Seller(s) will use diligent effort to correct defect(s) in title within the time provided therefore, including,the bringing of necessary suits, failing which the COUNTY shall have the option of either accepting the title as it then is or rescinding the Agreement herein. 4. The Seller(s)further agree not to do, or suffer others to do, any act by which the value or property rights associated with the tress Than Fee Interest may be diminished or encumbered while this Agreement is pending. In the event any such diminution„ encumbrance or other impairment occurs, the COUNTY may, without liability„ refuse to accept conveyance of said tress Than Fee Interest. b- The Seller(s) further agree that during the period covered by this instrument officers and accredited agents of the COUNTY shall have at all reasonable times the unrestricted right and privilege to enter upon the Unified Parcel for all proper and lawful purposes, including examination of the Unified Parcel and the resources upon it. Nothing herein shall be construed to constitute an acceptance of any existing or future code or building violation on the unified Parcel. This provision shall survive closing_ The Seller(s) hereby waive their rights to any and all claims against the COUNTY or the State of Florida associated with, or arising from ownership of, the Unified Parcel and this waiver shall survive closing. 6 The Seller(s) will execute and deliver upon demand of the proper officials and agents of the COUNTY the following documents conveying to the COUNTY all of Sell'er's Less Than Fee Interest in a manner satisfactory to the legal counsel of the COUNTY: a) Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances (hereinafter Covenant of Unity of Title document") b) Joinder of Mortgagee(if applicable) c) Joinder of Non-Mortgagee Encumbrance Holder(if applicable) d) Grantor's Affidavit of No Encumbrance(if neither b or c above applies) e) Affidavit of Trustee (if land owned by a Trust) f) Application to Monroe County Property Appraiser to Consolidate Real Estate Parcels T In consideration whereof the COUNTY agrees that it will purchase all of said tress Than Fee Interest at the price of -$60,410.00. The COUNTY further agrees that after the preparation, execution, and delivery of the documents enumerated above, and after the legal counsel of the COUNTY shall have approved the documentation releasing the Less Than Fee Interest to be surrendered to and vested in the COUNTY, it will cause to be paid to the Seller(s) the purchase price, less any costs of closing payable by Seller, as set forth below, The COUNTY shall pay the following expenses associated with the conveyance of the Less Than Fee Interest: recording fees for the documents listed in Section 6, settlement fees, O & E report fees, title examination fees, and the Buyer's attorney's fees, The Seller(s)shall pay the real estate commissions, if any are due. Full transfer, surrender and possession of the development rights described above shall pass to the COUNTY as of the date payment is made to the Seller(s) subject only to the reservations stated in Section 2 above. 8. It shall be the obligation of the Seller(s) to pay any assessments outstanding as liens due to the County at the date the Less Than Fee Interest vests of record in the COUNTY. 2 2637 l ,w It is MUtUally Understood and agreed that notice of acceptIan of this Agreement shall be given to the Seller(s) by email to the address provided by the Iler( or by thail addressed to the Selier(s) t the following address- 1857 NaoristusAvenue gig Dine Key, FL and shall be effective upon date of em,efling or rrrelling and shall be binding Upon all of the ell qsWithout sending o separate froth to each, except as such obligation may be affected b the pr6vi'si6ft oaf ttj'bh 6 herein.. %The effective date of this Agreement(hereinafter"Effecti bate") shall be that date when the last one of the Seller(s)and the COUNTY has signed this Agreement If ttre eller s wish to ed tl tfrls tr a. octibrr, the Seller(s) have until MaY22, 2024,to !M4qM and return this Agreement to the COUNTY, felling which the County shall have no obligations pursuant to this Agmement, This Agreement may be, executed in counterparts, l" of ith tandin any prd ►stun of this Agreement to the contr ry, the COUNTS' obligation to close this transaction is d0hfarigent uPOn the availability offunds b dtgeted for the 'Less Than ree Pram and approval of this greerrtent by the Monroe county Board of County Commissioners, failing which the. parties acknowledge that each shaft be released of all further obligations under this Agreement, In the event this transaction has not closed vAthin one hundred eighty (180) days from the Effective Date,, then either ;warty may terminate this Agreement at any time thereafter by providing written notice, in which case the parties acknowledge that each stall be reit s d of all further obligations under this Agreement IN WITNESS day first abovee 'eller have frereulft signed their namesgrad reed their respective seals on written and therefore the Sellers) for and in consideration of the Ton Dollatt herein above acknowledge as received, have and do 'IerebY grant urito the COUNT or its authorized representative, or any other office or agent of the cotJNTY authorized to purchase said Less, Than Fee interest Its lanai, the %Anon and right to eater into this Agreoment for Purchase vAthin nines gg)days frorn the execution thereof by the eller(s). elle ''-Nloolas J. Gi attl w l Sign dre t Phone Number Email Address of bwa Gi amaw b Sign . D hone Number Email Address Su et/COUNTY: MON1 lcotjwy, 5LORIl KEVIN MADOK,, CPA, Clerk As Deputy Cleric l lolf l Terrill l sclnein, l yor (Seal) Date., 3 2638 EXHIBIT A Prepared by/Return to: Gregory S.Orope7a,Esq. Orope7a Stones Cardenas 221 Simonton Street Key West,FL 33040 ----------------------------- Space Above This Line For Recording---------------------------- COVENANT OF UNITY OF TITLE AND RESTRICTION ON FUTURE DEVELOPMENT AND/OR CONVEYANCES THIS UNITY OF: TITLE SHALL BE INCORPORATED IN WHOLE AND REFERENCED BY OFFICIAL RECORD BOOK AND PAGE NUMBER AND DOCLMENT NUMBER ON ALL TRANSFERS, OF THE BELOW DESCRIBED REAL PROPERTY. WHEREAS, this Unity of Title is granted this day of 20—, by (hereinafter"Grantor(s)"),to Monroe County,a political,subdivision of the State of Florida (hereinafter"Grantee"), whose address is 1100 Simonton Street, Key West, Florida 33040; and WHEREAS,the undersigned Grantor(s),is/are the sole fee simple title owner(s)of the certain below-described real property(hereinafter"Primary Parcel")that is currently developed with a residential dwelling unit and is located in Monroe County,Florida,having a legal description as follows and,which is shown on attached Exhibit"—---which is hereby incorporated as if fully stated herein: Parcel Address: Approximate Mile Marker- Parcel(s)/Lot(s): Block: Subdivision: Key: Plat Book: —Page: Real Estate Number(s): WHEREAS,the undersigned Grantor(s),is/are the sole fee simple title owner(s)of the certain below-desctibed real property(hereinafter"Secondary Parcel")that is not currently developed with a residential dwelling unit or any other habitable space and is located in Monroe County,Florida,having a legal description as follows and which is shown on attached Exhibit"."which is hereby incorporated as if fully stated herein: Parcel Address: Approximate Mile Marker: Parcel(s)/Lot(s): Block- Subdivision: Key: flat Book: Page: Real Estate Number(s); WHEREAS, Grantee is a general purpose political subdivision of the State of Florida and is authorized to regulate and control the use of real property through the Monroe County Comprehensive Plan and the Monroe County Code(s) to protect the public health,safety,and welfare;and WHEREAS,the Primary Parcel and.Secondary Parcel are subject to the jurisdiction and requirements of the Monroe 2639 County Comprehensive Plan and the Monroe County Codc(s),-and WHEREAS, this Unity of Title encumbers the Primary Parcel and Secondary Parcel (hereinafter collectively "Unified Parcel");and WHEREAS,Grantor(s)hereby attest(s)his/her/its/their recognition that this Unity of Title does not allow the Unified Parcel to be divided into separate parcels;and WHEREAS, Grantor(s) hereby attest(s) his/her/its/their recognition that the Unified Parcel shall hereafter exclusively be considered as one(1)parcel of land, and that no portion of said parcel of land may hereafter be sold, transferred,devised,or assigned separately,except in its entirety as one(1)parcel of land; and WHEREAS, Grantor(s) hereby attest(s) his/her/its/their recognition that in granting this Unity of Title, Grantor acknowledges and accepts the condition hereafter limiting development to a single principal use()residential)structure on the Unified Parcel;and WHEREAS,the consent of all mortgagee(s)and holder(s)of any all other encumbrance(s)of or otherwise upon the 11 Unified Parcel is attached.as Exhibit(s) " 11 4,— and . If no such consent is attached.hereto, the undersigned Grantor(s),hereby attest(s)to Grantee that no such mortgage(s)and that no such other eneumbrance(s)exist(s);and WHEREAS, this Unity of Title is granted in consideration of payment in the amount of XX thousand dollars ($XX,XXX.XX)by Grantee to Grantor; and WHEREAS, the undersigned Grantor(s) and Grantee hereby attest that such County payment in consideration was/were given pursuant to this Unity of Title, and that this Unity of Title, together with its restrictions,conditions, and limitations on future residential structure development are supported by good and valuable consideration;and WHEREAS,this Unity of Title does not discharge, exempt,waive,or otherwise release the undersigned Grantor(s), tenant(s) thereto, the personal tepresentative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s),or tenant(s)thereto,from their duty to obtain required federal,state,County,and local approval(s)for any future construction of accessory structures or establishment of uses upon the Unified Parcel;and NOW, THEREFORE, as an inducement to Grantee for and in consideration of Grantee's payment of good and adequate consideration, the adequacy, sufficiency, and receipt of which are hereby expressly acknowledged and attested to,the undersigned Grantor(s)hereby grants,creates,and establishes a Covenant of Unity of Title for and in favor of Grantee upon the above legally described Unified Par-eel which shall run with the]and and be binding upon the undersigned Grantor(s), and tenant(s) thereto, and shall remain in mull force and effect forever, and.Grantor(s) declare(s)and grant(s)as follows: I) RecitWs.The foregoing recitals are true and correct and are hereby incorporated as if fully stated herein. 2) Restriction on Development Notwithstanding the general permitted density,this Unity of Title: A. limits the total density of the Unified Parcel to one residential dwelling unit;and B. retires all other density and prohibits the transfer of density;and C. prohibits new accessory structures providing habitable space on the Unified Parcel;and D. does not prohibit accessory uses and non-habitable accessory structures on the Unified Parcel; and E, does not prohibit additions to the lawfully established existing residential unit. 2640 Habitable space means any structure equipped for human habitation such as,but not limited to,office,workshop, kitchen, dining, living, laundry, bathroom, bedroom, den, family or recreational room; professional studio or commercial occupancy including all interior hallways, corridors, stairways and foyers connecting these areas. Garages,exterior stairs and open decks and,patios are not considered habitable structures, 3) Probibition of Parcel Division.This Unity of Title prohibits the Unified Parcel from being divided into separate parcels, subdivided,re-subdivided,platted,re-platted,or conveyed as separate parcels or transferred as separate parcels regardless of whether owned by single or multiple owners. 4) ResMetion on Convs�� ance, The Unified Parcel sliall hereafter exclusively be considered as one(1)parcel of land,and that no portion of said parcel of land may hereafter be sold.,transferred,devised,pledged,encumbered or assigned separately,except in its entirety as one(1)parcel of land, 5) Monroe COUntV PrODer!j ApDraiser Records. Simultaneously with execution of this covenant of Unity of Title,Grantor shall make application with the Monroe County Property Appraiser to combine the Primary Parcel and Secondary Parcel under this Unity of Title as,a single real estate parcel for tax roll purposes. 6) fi Lo_Conflicts.The undersigned Grantor(s)hereby covenant(s)with Grantee that Grantor(s)is/are lawfully seized of the Unified Parcel in fee simple free and clear of all encumbrances that are inconsistent with the terms of and exhibits attached to this Unity of Title,and,fully attests),warrant(s),and defend(s)the title to and interest,in the Unity of Title hereby conveyed against the lawful claims of all persons whomsoever. 7) Perpetual Duration.'This Unity of Title is intended to benefit, run with the land in favor of, and shall inure to Grantee, Monroe County,Florida. 8) Binding Effect The undersigned Grantor(s), and the personal representative(s), heir(s), assign(s), and successor(s)in title of the undersigned Grantor(s),shall pay all taxes,assessments,fees,and charges of whatever description levied upon or assessed by competent authority on the Unified Parcel therein before delinquency, shall keep such levies and assessments current,and shall not allow any lien(s)on the Unified Parcel superior to this Unity of Title. In the event of failure to so disallow such lien(s),to extinguish such lien(s),and/or to obtain subordination of such lien(s)to this Unity of Title,in addition to any other remedy,the damage(s)and/or dcht(s) owed to Grantee shall constitute a lien against the Unified Parcel which shall automatically relate back to the recording date of this Unity of Title. 9) Construction and Interpretation. The construction and interpretation of such, and all other, Monroe County Comprehensive Plan provision(s)and Monroe County Codc(s)provision(s)shall be construed in favor of Grantee and such construction and interpretation shall be entitled to great weight on trial and on appeal. 10) Recordation.Amendment-,Modification,or Release. A. The undersigned Grantor(s)hereby agree to the recording of the Unity of Title together with all appropriate and required Joinder(s)with the Clerk of the Circuit Court of Monroe County and agree to there-recording of said documents at any time Grantee may require to preserve its(Grantee's)rights. B. No amendment or modification to this Unity of Title is effective unless agreed to in writing by both Grantee and the undersigned Grantor(s)and filed,together with all appropriate and required,Joinder(s);,with the Clerk Of Circuit Court of Monroe County for recording in the Official Records of Monroe County,Florida. C. This Unity of Title may not be rescinded.,voided, or released unless and,until the Monroe County Board of- County Conmdssioncrs (hereinafter "BOCC") approves such rescission, voidance, or release by BOCC Resolution. 2641 ........... t 1) SubNeguent ftf-erence,Rtguirement. A. The undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s)in title of the undersigned Grantor(s),and tenant(s)thereto,hereby agree(s)to and shall submit a copy of this filed and recorded Unity of Title together with(simultaneously in date and time with)all future development applications relating to the Unified Parcel. Such submission by the undersigned Grantor(s), tenant(s)thereto,the personal representative(s),heir(s),assign(s),and successor(s)in title of the undersigned Grantor(s), and tenant(s) thereto, shall be to the agency(ies), deparhuent(s), and office(s) in receipt of or otherwise receiving such development application(s). This requirement is non-exclusive to Monroe County agencies,departments,and offices,and is to be construed as inchigive of all reviewing federal,state,Monroe County, and local agencies,departments, and offices in receipt of or otherwise receiving such development application(s),such that the undersigned Grantor(s),tenant(s)thereto,the personal representative(s),heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, must so simultaneously furnish a copy of this filed and recorded Unity of Title to any and all federal and state,Monroe County,and local agencies, departments,and offices in receipt of or otherwise receiving such development application(s). B. The undersigned Grantor(s), tenant(s), thereto, the personal representative(s), heir(s), assign(s), and successor(s)in title of the undersigned Grantor(s),and tenant(s)hereto,shall reference this Unity of Title and all previously executed and recorded restrictions in any future,instrument conveying title to or an interest in the Unified Parcel, including the recording book and page nurnber(s)and document number(�s)of this Unity of Title and all previously executed and recorded restrictions. 12)Joint-and-Several Liability. If the undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), tenant(s), thereto, 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, cross-initiated, counter-initiated, or filed by the County to enforce any provision(s), restriction(s), or term(s)contained herein, and consist(s) of more than one person(s)or entity(ies),, such person(s)and entity(ics) shall be jointly and severally liable. 13) Non-Assignabilft.This Unity of Title shall not be assignable by the undersigned Grantor(s),tenant(s),thereto, the personal representative(s),heir(s),assign(s),of successor(s)in title:of the undersigned Gfantor(s),tenant(s), thereto,,or any other non-County party with title to or an interest in the Unified Parcel,unless such assignment is first approved by Monroe County BOCC Resolution. 14) Notice-and Service of Process_ A. Notice—To Grantee. All notices,consents,approvals,or other communications to Grantee hereunder shall be in writing and shall be deemed property served if sent by U.S.Postal Service Certified Mail,return receipt requested,in the following for,and address! Monroe County Planning&Environmental Resources Department Attu. Senior Director Subject:Unity of Title 2799 Overseas Highway Marathon,FL 33050 And.with a copy to: Monroe County Attorney's Office Subject:Unity of Title 1111 1210'Street,Suite 408 2642 Key West,FL 33040 15)Disoute Resolution — Meet-and-Conf sr Prerequisite. The undersigned Grantor(s), tenant(s) thereto, the Personal representative(s), heir(s), assign(s), or successor(s) in the title of the undersigned Grantor(s), and tenant(s) thereto,hereby agree(s) that as a first condition precedent to his/her/its/their initiation of litigation Or adversarial administrative proceedings against the County in the form of a suit or action arising out of,related to, or in connection with this Unity of Title,shall first,prior to the initiation of such suit or action,attempt to resolve their dispute(s) and disagreement(s) by a meet-and-confer session between himself/herself/themselves and Monroe County Planning & Environmental Resources Department staff and counsel of the Monroe County Planning&Environmental Resources Department. If no,resolution can be agreed upon within thirty(30)days after occurrence of the aforesaid meet-and-confer session,such issue(s)shall next as a second condition precedent to the initiation of such suit or action,be discussed at a public meeting of the Monroe County BOCC occurring in the same geographic sub-area as the geographic location of such Unity of Title(iX-,Upper Keys—Key Largo, Middle Keys—Marathon,Lower Keys—Key West). The undersigned Grantor(s),tenant(s)thereto,the personal representative(s), heir(s), assign(s), or successor(s) in title of the undersigned Grantor(s),and tenant(s)thereto, hereby agree(s) that in the event he/she/it/they so initiate such suit or action without satisfying both of these conditions precedent to their initiation or litigation or adversarial administrative proceedings against the County, that the County shall automatically be entitled to an Order granting Grantee's Motion to Dismiss and Florida Statute See. 57.105 (2015) Motion for Sanctions and Attorney's Fee (or, at Grantee's election(if applicable), their Florida statutory equivalent(s),Federal equivalent(s),or non-Florida legal equivalent(s)). 16) Limitation of Liability. A. In the event of any litigation concerning the conditions,provisions,revisions,or terms of the Unity of Title, Grantee,the undersigned Grantor(s),tenant(s)thereto,the personal representative(s), heir(s),assign(s),and successor(s)in the title of the undersigned Grantor(s),and tenant(s)thereto,hereby agree to expressly waive and shall be treated as having expressly waived their right to ajury trial. B. The undersigned. Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), or successor(s)in title of the undersigned Grantor(s),and tenant(s)thereto,hereby agree(s)that no charge(s)or claim(s)shall be made by it for any delay(s)or the effective date of this Unity of Title. C. No Waiver. Grantee shall not be deemed to have waived any rights under this Unity of Title unless such waiver has been given,within this instrument,both expressly and specifically. D. No Personal,Liabilitr. The County expressly reserves and in no way shall be deemed to have waived for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any other similar defense,immunity,exemption,or protection against any suit,cause-of-action,demand,or liability- Further, no covenant,provision, or term of this Unity of Title shall be deemed to be a covenant or agreement of any officer,employee,or agent of the County in his of her individual capacity,and no officer,employee,or agent of the County shall be liable personally in this Unity of Title or be subject to any personal liability or accountability by reason of the execution of this Unity of Title. E. Non-Reliance by Third-Parties. No person(s)or entity(tes)shall he entitled to rely upon the terms,or any of them,of this Unity of Title to enforce Or attempt to enforce any third-party claim(s)or entitlement(s)to or benefit(s)of any service(s),term(s),or program(s)contemplated hereunder. 17) Enforcement. A. Default Notice. In the event of breach or violation of the restrictions or terms hereof by Grantor(s),tenant(s) thereto,the personal representative(s),heir(s),assign(s),or successor(s)in title of the undersigned Grantor(s), or tenant(s) thereto, Grantee shall provide written "Notice of Defaulf' or "Notice of Violation" to such 2643 breach(es)or violation(s)within thirty(30)days of receiving notice of such breach(es)or violation(s), B. Grantor(s)Breach or Violation,. 1. Uncured breach(es) or violation(s), by the undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), or successor(s) in title of the undersigned Grantor(s), or tenant(s) thereto,of the terms of and restrictions imposed by this Unity of Title shall,without any additional notice beyond this Unity of Title's recordation, entitle Grantee to immediately suspend and/or rescind,without liability to Grantee, development applications,pending permits, approvals, and inspections, and issued development order(s)contingent upon the effectiveness of this Unity of Title and Grantor(s)compliance thereto, the compliance of tenant(s) thereto, the compliance of the personal representative(s), heir(s), assign(s), or successor(s) in title of the undersigned Grantor(s)thereto,and the compliance of tenant(s) thereto,with the terms of this Unity of Title,applied for or those permits,approvals,and/or inspections necessary to, cure such breacb(es) or violation(s). Such uncured breach(es) or violation(s) shall be presumed to constitute breach(es)or violation(s)that,is/are irreparable or irreversible in nature. 2, In the event of any suit,action,or 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. tiny judgement so rendered in favor of the County in connection with any suit,action,or proceeding arising out of,related to,or in connection with this Unity if Title, shall bear interest at the highest rate allowed by law, The Comity may 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(ics) from or 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 applicable under,including, but not limited to,Chapters 162.373, and 403,Florida Statutes, and any other action at law or in equity. Grantee hereby agrees and the undersigned Grantor(s),tenant(s)thereto,the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, hereby agree that suits, actions, and proceedings arising out of,related to, or in connection with this Unity of Title shall be in accordance with the Florida Rules of Civil Procedure. 3. Cumulative Remedies. In the event of any breach or violation of the restrictions or terms contained herein,Grantee shall,without liability to Grantee,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 both authorized and entitled to enforce this Unity of Title by emergency, preliminary, and permanent injunction, including by ex paste motion and action for such injunction(s), it being hereby expressly and specifically agreed that Grantee has no adequate remedy at law, or such other legal method as Grantee deems appropriate. All rights and remedies accruing to the County shall be assignable in whole or in part and be cumulative; that is, the County may pursue such rights and remedies as the law and this Unity of Title afford it in whatever order the County desires and the law permits. The County's resort to any one law(s)and/or remedy(ics)in advance of any other shall not result in waiver or compromise of any other law(s)and/or remedy(ics). The undersigned Grantor(s), tenants) thereto, the personal representative(s), heir(s), assign(s),or successor(s)in title of the undersigned Grantor(s),and tenant(,;)thereto,hereby agree($)to and shall pay for all costs associated with Grantee's enforcement action(s). 4. Failure of the undersigned Grantor(s),tenants)thereto,the personal representative(s),heir(s),assign(s), or successor(s)in title of the undersigned Grantor(s),or tenant(s)thereto,to comply with or perform any act required by or under this Unity of Title shall not impair the validity of this Unity of Title or The 2644 conditions, provisions, reservations, restrictions, rights, or terms hereof or limit their enforceability in any way. 5, Enfofeement of the conditions, provisions, restrictions, and terms of this Unity of Title shall be at the discretion of the Grantee, Grantee'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 or breach. No Grantee waiver of a breach of any of the condition(s),provision(s),reservation(s),restriction(s),right(s), or term(s)hereof, shall be construed to be a waiver of any succeeding breach of the same condition(s), provision(s),reservation(s),restriction(s),right(s),or term(s)hereof 18) Miscellaneous. A. Duty to Cooperate. Where required under this Unity of Title or related agreement(s), the undersigned Grantor(s),tenants)thereto,the personal representative(s),heir(s),assign(s),and successor(s)in title of the undersigned Grantor(s),and tenant(s)thereto,shall,to ensure the implementation of the government purpose furthered by this Unity of Title, cooperate with Grantee's reasonable requests submitted to Grantor(s), tenant(s) thereto,.. Grantor's personal representative(s), heir(s), assign(s), and successor(s) in title, and tenant(s)thereto,regarding the terms and conditions contained herein. 19) Inconsistency. Partial Invalidity, Severability, and Survival of Provisions. If any condition, provision, reservation,restriction,right,or term of this Unity of Title,or any portion(s)thereof,is/are held to be 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, restriction,right, term, or any remaining portion(s)thereof All such other conditions, provisions, reservation, restrictions,rights,terms,and remaining portion(s)thereof shall continue unimpaired in full force and effect. 20) Captions and ParagMh 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 paragraph or text to which they refer, 21) No Encumbrances. The undersigned grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s),and successor(s)in title of the undersigned Grantor(s),and tenant(s)thereto,represent(s)and warrant(s) that, to his/her/its/their knowledge, there are no superior encumbrances or material claims, cause-of-action, or other proceedings pending or threatened in respect to the ownership,operation,,,or environmental condition(s) of the above legally described property that may, shall, or will diminish, extinguish, interrupt or subordinate the effectiveness or operation of this Unity of Title's provision(s), restriction(s), right(s), and term(s) running in perpetuity in favor Of Grantee,Monroe County,Florida, 22) Governing LawsNenue, This Unity of Title is and the construction and enforcement of the restrictions,terms, and obligations established therefroml are governed by the Monroe County Comprehensive Plan and the Monroe County Code(s),and shall be liberally construed and enforced in favor of the grant to effectuate the public purpose of this Unity of Title and the policy(ics) and purpose(s) of the Monroe County Comprehensive Plan and the Monroe County Cod.e(s). Exclusive venue for any dispute arising from or under, relating to, or in connection with this Unity of Title shall be in the Sixteenth Judicial Circuit in and for Monroe County,Florida, 23) Authorit-v to Attest. Each party to this Unity of Title represents and warrants to the other that the execution, delivery, and performance of this Unity of Title has been duly authorized by all necessary corporate and other organizational action,as required. 24) Integ ration/Merger. This Covenant of Unity of itte constitutes the entire Covenant of Unity of Title and any 2645 representation or understanding of any kind preceding the date of this Unity of"Title's execution or recordation is not binding on the Grantee or the undersigned Grantor(s)except to the extent it leas been incorporated into this Unity of Title. 25)Effective hake. This Unity of Title will become effective upon recordation in the Official Records of Monroe County,Florida. 2646 TO HAVE AND HOLD UNTO GRANTEE FOREVER. EXECUTED ON TETIS day of 20 WITNESSES TO ALL. GRANTOR(S). First Witness(Print Narne) Grantor No. I (Print Nam e) First Witness(Signature) Grantor No, I (Signature) (Complete Mailing Address above) — Second Witness(Print Name) Grantor No. 2 Print Name ( ) Grantor No.2..Si a Second°u�Titness Si nature urtore) (CoMpkte Mailing Address above) STATE OF COUNTY OF The foregoing instrument,Monroe County Covenant of Unity of Title,was acknowledged before me this day of 20 by who is personally known to me or produced as proof of identification and did take an oath,. Notary Public(Print Name and Notary I' o.) [NOTARY SEAL] Notary public(Signature) 2647 MONROE COUNTY, FLORIDA ACCEPTANCE OF UNITY OF TITLE In Witness Whereof,Grantee accepts the Covenant of Unity of Title granted above and executes,this instrument the date set forth below. GRANTEE: Monroe County,Florida: First Witness(Print Name) Senior Director,Monroe CountyPlanning and Environmental Resources Department(Print Name) First Witness(Signature) Senior Director,Monroe County Planning and Environmental Resources Department(Signature) Second Witness(Print Name) Date(Print) Second Witness(Signature) STATE OF COUNTY OF Before me,the undersigned authority, personally appeared on this ----day of_20. who is personally known to me or produced as proof of identification. Sworn and subscribed to before me this day of 20 Notary Public(Print Name and Notary No.) [NOTARY SE ALI Notary Public(Signature) 2648 RESOLUTION NO. 039 —2024 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, COMBINING AND REPLACING RESOLUTION 175-2018, RESOLUTION 438-2018, RESOLUTION 063-2020, AND RESOLUTION 128-2022, WHICH CREATED AND AMENDED THE LESS THAN FEE ACQUSITION PROGRAM FOR THE PURPOSE OF RETIRING RESIDENTIAL DEVELOPMENT RIGHTS ON PROPERTY LOCATED IN THE IS, IS-M AND URM LAND USE DISTRICTS FROM WILLING SELLERS; TO CLARIFY PROGRAM ADMINISTRATION AND TO INCLUDE ADDITIONAL PRIORITIZATION GUIDANCE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of Monroe County, Florida hereinafter "BOCC") adopted Resolution 175-2018 on June 20, 2018, which created the Less Than Fee Program that is designed to purchase residential development rights from willing sellers that own a vacant parcel that is located immediately adjacent to their homes, and which are located in the Improved Subdivision(IS),Improved Subdivision-Masonry (IS-M),Urban Residential-Mobile Home (URM)land use districts; and WHEREAS,the goal is to reduce ongoing development pressures on hurricane evacuation clearance times and demands on public facilities and infrastructure while protecting property owner rights and avoiding unnecessary costs associated with defending property rights claims; and WHEREAS, this program is consistent with Policies 102.4.3 and 102.4.6 of the 2030 Monroe County Comprehensive Plan; and WHEREAS, in adopting Resolution 175-2018, the BOCC found that a less than fee acquisition program was an appropriate alternative to costlier fee simple acquisitions; and WHEREAS, the BOCC and the Monroe County Land Authority (hereinafter "MCLA") entered into an interlocal agreement on July 21, 2021, and amended the ILA on September 15, Page 1 of 6 2649 2021 which includes the acquisition of infill property for density reduction, among other government purposes; and WHEREAS, F.S. 125.355 authorizes the BOCC to exempt any purchase of an interest in realty valued at under$100,000 from the requirement of obtaining an appraisal; and WHEREAS,the BOCC agrees to use dollars raised through the local option infrastructure sales surtax as authorized in F.S. 212.055(2)(d which the County has budgeted in Fund 316 to cover costs associated with this program; and WHEREAS,the MCLA and County staff have worked together to develop and implement the Less Than Fee Program; and WHEREAS, due to additional growth limits on Big Pine Key and No Name Key, which are imposed as a result of the Incidental Take Permit, both islands are closer to build out than the rest of the County; and WHEREAS, the BOCC adopted Resolution 438-2018 which made adjustments to the program to: prioritize any eligible lots on Big Pine Key and No Name Key regardless of Tier designation;prioritize transactions where the purchase price for the development rights is less than $100,000; clarify that the County does not waive its right to prosecute code violations on parcels participating in the program; and allow the use of market land values on comparable vacant lots as the basis for making a purchase offer from lots that have already been combined with another lot for tax purposes; and WHEREAS, the BOCC adopted Resolution 063-2020 to prioritize purchases where the adjacent vacant parcel contains no accessory uses or structures therefore targeting parcels that may be more likely to require the County to defend a property rights claim; and WHEREAS, County staff have recommended additional minor adjustments to the Less Than Fee program to clarify that the Monroe County Land Authority has assumed administration Page 2 of 6 2650 of the Less Than Fee Program from the County Attorney, and to refine the prioritization of Less Than Fee applications; and WHEREAS, if the purchase price is over $100,000 the County is in a better position, than the typical Less Than Fee applicant, to obtain an appraisal in a form that is acceptable to the County: NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The recitals set forth above are incorporated herein as findings of fact by the Board. Section 2. This Resolution combines and replaces Resolution 175-2018,Resolution 438- 2018, Resolution 063-2020, and Resolution 128-2022. Although the adoption of this resolution rescinds those prior resolutions, all actions taken pursuant to those resolutions are ratified and remain valid. Section 3. The BOCC authorizes the MCLA to represent the BOCC in these matters. Section 4. MCLA will identify properties that will be eligible for participation in this program under the parameters set forth below. Section 5. To be eligible to participate in the program, subject parcels must be: a)Located within an Improved Subdivision(IS), Improved Subdivision—Masonry (IS-M), or Urban Residential—Mobile Home (URM)Land Use District; b) Consist of a lot with at least one (1) buildable unit or Transfer of Development Right(TDR). Priority shall be given as follows; Page 3 of 6 2651 Priority One— Otherwise eligible vacant lots with no accessory structures or uses on Big Pine Key and No Name Key, regardless of Tier designation, in the order of lowest MLV to highest MLV with an agreed upon purchase price of less than $100,000. Priority Two— Otherwise eligible vacant lots with accessory structures or uses on Big Pine Key and No Name Key, regardless of Tier designation, in the order of lowest MLV to the highest MLV with an agreed upon purchase price of less than $100,000. Priority Three—Otherwise eligible vacant lots with no accessory structures or uses outside of Big Pine Key and No Name Key that are designated Tier III, in the order of lowest MLV to highest MLV, with an agreed upon purchase price of less than $100,000. All otherwise eligible vacant lots will be processed after those described in the above priorities in the order of highest Tier designation to lowest Tier designation, with no accessory structures or uses and in the order of lowest MLV to highest MLV, with an agreed upon purchase price of less than $100,000. c)Be held in common ownership with an immediately adjacent parcel that contains a residential structure as its principal structure; d) Eligible to receive a building permit for construction of a new residential dwelling unit under the current Monroe County Comprehensive Plan and Land Development Code, and not prohibited by deed restriction or other instrument or legal impairment from receiving such a building permit; e)Free of all code compliance liens and not the subject of a current code compliance case or other enforcement proceeding by the County or other regulatory agency; however, the property owner should be notified that the County does not waive its Page 4 of 6 2652 right to prosecute existing but undiscovered code violations at the time of the transaction; and f) Owned by a seller who is willing to convey the building rights to the County under the terms and conditions set forth herein. Section 6. The MCLA is authorized to make offers to purchase the right to build a separate residential unit on the subject property at the most recent "Market Land Value" indicated on the Monroe County Property Appraiser's website in exchange for the retirement of that development right and execution of a title restriction, unity of title instrument, and other documents prepared by the County Attorney and/or MCLA legal counsel which are necessary to implement this program subject to the limitation that no purchase shall be made for more than $99,999 without an appraisal,in a form that is acceptable to the County and is paid out of County funds. In the event an otherwise eligible vacant parcel of property has been combined for tax purposes only by the Property Appraiser into a single parcel with another lot with a residential principal structure on it, MCLA staff is authorized to use the market land value from a comparable vacant lot in the vicinity as the basis for the offer to purchase the remaining, unused development rights. Section 7. This resolution shall take effect upon adoption and the additional criteria may be applied to applications already submitted for consideration. Section 8. Each agreement is subject to final approval by the Board, which retains the discretion to reject each transaction and/or otherwise modify this program. Page 5 of 6 2653 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 31 st day of January, 2024. Mayor Holly Merrill Raschein,District 5 Yes Mayor Pro Tem James K. Scholl, District 3 Yes Commissioner Craig Cates, District 1 Yes w� Commissioner Michelle Lincoln, District 2 Yes Commissioner David Rice,District 4 Yes VIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA By: By: As Deputy Clerk Mayor MONROE COUNTY ATTORNEY'S OFFICE Approved for form and legal sufficiency `�1uhs9�Wx.eenawuryer orc m.nwn a sasye..wuwce coeay socG Robert B. Shillinger: =:Us.e��, Robert Shillinger,County Attorney ni r*7 rn O , Page 6 of 6 2654