Item G12 G12
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: G12
2023-2547
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley
AGENDA ITEM WORDING:
Approval of a resolution of the Monroe County Comprehensive Plan Land Authority authorizing the
conveyance of real property located at 470 W. 105th Street Ocean in Marathon with Parcel ID#
00332830-000100 to the City of Marathon for use as affordable housing subject to a Land Use
Restriction Agreement(LURA).
ITEM BACKGROUND:
The City of Marathon requested that the Monroe County Land Authority convey the subject property to
them for use as affordable housing. The City adopted Resolution 2024-44 on May 14, 2024 requesting
the subject property be conveyed for the purposes of supporting workforce housing subject to a Land
Use Restriction Agreement (LURA).
Estimated Closing Costs:
Closing Fee to OSC, PLLC: $250.00
Attorney Fee to OSC, PLLC: $475.00
Recording Fees: $79.00
Total Costs: $804.00
ADVISORY COMMITTEE ACTION: On June 20, 2024 the Committee voted 4/0 to recommend
approval of the proposed resolution.
PREVIOUS RELEVANT BOCC ACTION:
05/15/24 - Governing Board approved adding the property to the Acquisition List as an affordable
housing site and approved purchasing the property for the price of$125,000.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
2994
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Proposed MCLA Resolution
Marathon Resolution 2024-44.pdf
Aerial Photograph.pdf
FINANCIAL IMPACT:
N/A
2995
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY
AUTHORIZING THE CONVEYANCE OF REAL PROPERTY
LOCATED AT 470 W. 105TH STREET OCEAN IN
MARATHON WITH PARCEL ID# 00332830-000100 TO THE
CITY OF MARATHON FOR USE AS AFFORDABLE
HOUSING SUBJECT TO A LAND USE RESTRICTION
AGREEMENT (LURA).
WHEREAS, the Subject Property is described as the South '/2 of Lot 3, Block 2, The
Palms, Vaca Key (PB 4-86) with a street address of 470 W. 105t" Street Ocean in
Marathon and Parcel ID# 00332830-000100 (hereinafter "Subject Property"); and
WHEREAS, the City of Marathon (hereinafter "City") adopted Resolution 2024-44
nominating the Subject Property for purchase by the Monroe County Comprehensive Plan
Authority (hereinafter "Authority") as an affordable housing site; and
WHEREAS, the Authority wishes to assist the City in acquiring the Subject Property for
affordable housing.
WHEREAS, the Land Authority Advisory Committee considered this resolution on June
207 2024 and voted 4/0 to recommend approval;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY THAT:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. The Authority is hereby authorized to convey the Subject Property to the City
subject to the Land Use Restriction Agreement (LURA) shown in Attachment "A"
restricting use of the Subject Property to affordable housing in accordance with Section
380.0666(3)(a), Florida Statutes.
Section 3. This resolution shall take effect immediately upon its adoption.
Page 1 of 2
2996
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority
at a regular meeting on this day of 2024.
Commissioner Craig Cates
Commissioner Michelle Lincoln
Commissioner James Scholl
Commissioner Holly Raschein
Chairman David Rice
(Seal)
ATTEST: MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Christine Hurley David P. Rice
Executive Director Chairman
Approved as to form and legality
Gregory Oropeza, Esquire
Page 2 of 2
2997
Attachment "A"
THIS INSTRUMENT PREPARED
BY AND RETURN TO:
Gregory S.Oropeza,Esq.
Oropeza,Stones,&Cardenas,PLLC
221 Simonton Street
Key West,FL 33040
LAND USE RESTRICTION AGREEMENT
South 1/z of Lot 3, Block 2, The Palms /470 W. 105th Street Ocean, Marathon, FL
THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made
and entered into as of the day of , 2024, between the CITY OF
MARATHON, a municipal corporation of the State of Florida (hereinafter "City") and the
MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority
pursuant to section 380.0663(1), Florida Statutes and Monroe County Ordinance No. 031-1986
(hereinafter "Land Authority"), and their respective successors and assigns.
RECITALS
A. The site is legally described as the South 1/2 of Lot 3, Block 2, The Palms,
according to the plat thereof as recorded in Plat Book 4, Page 86, of the Public Records of
Monroe County, Florida, Parcel Identification Number 00332830-000100 (hereinafter "Subject
Property") and currently has a street address of 470 W. 105'h Street Ocean in Marathon, Florida;
and
B. The Marathon City Council has adopted Resolution 2024-44 nominating the
Subject Property for purchase by the Land Authority and subsequent conveyance to the City as
an affordable housing site; and
C. The Land Authority purchased the Subject Property on May 30, 2024; and
D. The Land Authority has adopted Resolution 20-2024 authorizing conveyance of
the Subject Property to the City subject to this Agreement; and
E. As a condition of receiving title, the City has agreed that the Subject Property
shall comply with the affordable housing requirements specified herein.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set
forth herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the City and the Land Authority do hereby contract and agree as follows:
Page 1 of 6
2998
ARTICLE I
COMPLIANCE WITH LAND AUTHORITY REQUIREMENTS
In order to comply with the Land Authority's requirements pursuant to section
380.0663(1), et seq., Florida Statutes and Monroe County Ordinance No. 031-1986, the City
hereby covenants and agrees as follows:
1.01 The restrictions contained in this Article I shall not expire, shall run with the Subject
Property in perpetuity and shall be binding upon the City, its successors or assigns.
1.02 Use of the Subject Property shall be restricted to the provision of affordable housing for
households whose income does not exceed 160% of the Area Median Income. Nothing
herein shall preclude the City or any other entity providing affordable housing on the
Subject Property from setting more restrictive income limits than those imposed by this
Agreement.
1.03 The City is responsible for ensuring compliance with the restrictions in this Article I and
expressly agrees to furnish, upon the Land Authority's request, written certification
thereof.
ARTICLE II
CONSIDERATION
The Land Authority has paid over $125,000 to purchase the Subject Property for the City
and as an inducement to the City to restrict use of the Subject Property to affordable housing in
perpetuity. In consideration of said Land Authority funding for the foregoing purposes, the City
and the Land Authority have entered into this Agreement.
ARTICLE III
RELIANCE
In performing its duties hereunder, the Land Authority may rely upon statements and
certificates of the City, its tenants, and the residents of the Subject Property believed to be
genuine and to have been executed by the proper person or persons, and upon audits of the books
and records of the City pertaining to occupancy of the Subject Property.
ARTICLE IV
TERM
This Agreement shall become effective upon its execution and delivery, and shall remain
in full force and effect without expiration, unless modified by mutual written consent of the
parties.
Page 2 of 6
2999
ARTICLE V
ENFORCEMENT
If the City defaults in the performance of its obligations under this Agreement or
breaches any material covenant, agreement or warranty of the City set forth in this Agreement,
and if such default remains uncured for a period of thirty (30) days after written notice thereof
shall have been given by the Land Authority to the City, then the Land Authority may take any
action at law or in equity or otherwise to address said default(s). However, if the default stated in
such notice can be corrected, but not within the thirty (30) day period, and if the City adopts a
plan to correct or cure the default and commences the correction within the thirty (30) day period
(subject to any rights of tenants in possession of units under a valid lease agreement), and
thereafter diligently pursues the same to completion within such extended period, the Land
Authority shall not have waived its right of enforcement if the default remains uncured after the
expiration of the extended cure period.
ARTICLE VI
RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND
6.01. Upon execution and delivery by the City, the Land Authority shall cause this
Agreement and all amendments and supplements hereto to be recorded and filed in the official
public records of Monroe County and shall pay all fees and charges incurred in connection
therewith.
6.02 This Agreement and the covenants contained herein shall run with the land and
shall bind, and the benefits shall inure to, respectively, the City and the Land Authority and their
respective successors and assigns during the term of this Agreement.
ARTICLE VII
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida, with respect to both substantive rights and with respect to procedures and
remedies.
ARTICLE VIII
NOTICE AND EFFECT
All notices and other communications to be made or permitted to be made hereunder
shall be in writing and shall be delivered to the addresses shown below or to such other addresses
that the parties may provide to one another in accordance herewith. Such notices and other
communications shall be given by any of the following means: (a) personal service or (b)
national express air courier, provided such courier maintains written verification of actual
delivery. Any notice or other communication given by the means described in subsection (a) or
(b) above shall be deemed effective upon the date of receipt or the date of refusal to accept
delivery by the party to whom such notice or other communication has been sent.
Page 3 of 6
3000
Land Authority: Monroe County Land Authority
1200 Truman Avenue, Suite 207
Key West, FL 33040
Attention: Executive Director
City: City of Marathon
9805 Overseas Highway
Marathon, FL 33050
Attention: City Manager
Any party may change said address by giving the other parties hereto notice of such
change of address in accordance with the foregoing provisions.
ARTICLE IX
MISCELLANEOUS
9.01. If any provision of this Agreement shall be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining portions shall not in any way be affected or
impaired.
9.02. This Agreement may be simultaneously executed in multiple counterparts, all of
which shall constitute one and the same instrument and each of which shall be deemed to be an
original.
Page 4 of 6
3001
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
South 1/z of Lot 3, Block 2, The Palms /470 W. 105th Street Ocean, Marathon, FL
IN WITNESS WHEREOF, the City and the Land Authority have caused this
Agreement to be signed, sealed and attested on their behalf by duly authorized representatives,
all as of the date first set forth above.
WITNESSES: CITY OF MARATHON
Print:
By:
Robyn Still, Mayor
Print:
Address: 9805 Overseas Highway
Marathon, FL 33050
[SEAL]
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of
, 2024 by Robyn Still Coldiron, as Mayor of the CITY OF MARATHON, a
municipal corporation of the State of Florida, on behalf of the City. Said person is personally
known to me or has produced a valid driver's license as identification.
Notary Public; State of Florida
Print Name:
My Commission Expires:
My Commission No.:
Page 5 of 6
3002
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
South 1/z of Lot 3, Block 2, The Palms /470 W. 105th Street Ocean, Marathon, FL
IN WITNESS WHEREOF, the City and the Land Authority have caused this
Agreement to be signed, sealed and attested on their behalf by duly authorized representatives,
all as of the date first set forth above.
WITNESSES: MONROE COUNTY COMPREHENSIVE PLAN
LAND AUTHORITY
Print:
By:
David P. Rice, Chairman
Print:
Address: 1200 Truman Avenue
Suite 207
Key West, FL 33040
[SEAL]
Approved as to form and legality
Gregory S. Oropeza, Esq.
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of
2024, by David P. Rice, as Chairman of the MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY, a land authority pursuant to section
380.0663(1), Florida Statutes and Monroe County Ordinance No. 031-1986, on behalf of the
Land Authority. Said person is personally known to me or has produced a valid driver's license
as identification.
Notary Public; State of Florida
Print Name:
My Commission Expires:
My Commission No.:
Page 6 of 6
3003
Sponsored by: Garrett
CITY OF MARATHON, FLORIDA
RESOLUTION 2024-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, NOMINATING PROPERTY FOR
PURCHASE BY THE MONROE COUNTY COMPREHENSIVE PLAN
LAND AUTHORITY FOR THE PURPOSES OF SUPPORTING
WORKFORCE HOUSING (RE NO. 00332830-000100); AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Marathon desires the Monroe County Comprehensive Plan Land
Authority to purchase a property (RE No. 00332830-000100) for workforce housing as
identified in"Exhibit A"; and
WHEREAS, purchase of the subject property for workforce housing property is
consistent with the policies of the City's Comprehensive Plan and Land Development
Regulations; and
WHEREAS, the property owners have agreed to discuss sales of the subject properties to
the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority"); and
WHEREAS, the Land Authority wishes to assist the City in acquiring the subject
property as workforce housing land.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARATHON, FLORIDA, THAT:
Section 1.The above recitals are true and correct and incorporated herein.
Section 2. The City Council hereby nominates the subject property for purchase by the
Land Authority as identified in "Exhibit A" for workforces housing. Upon the Land Authority's
purchase of the subject property, the City Council hereby requests that the Land Authority
transfer title to the City of Marathon.
Section 3. The City Mayor is hereby authorized to execute an affordable housing deed
restriction in favor of the Land Authority as may be required.
Section 4. The City shall further waive stormwater and wastewater fees and assessments.
Section 5. This resolution shall take effect immediately upon its adoption.
3004
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
MARATHON,FLORIDA, THIS 14TH DAY OF MAY 2024.
THE CITY OFF M RATHON, FLORIDA
v
" rr ✓
Ro yn :`Iil ,Mayor
AYES: Gonzalez, Matlock, Smith, Landry, Still
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Diane Clavier, City Clerk
(City Seal)
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCEOF THE CITY OF MARATHON, FLORIDA ONLY:
Steven T.�" illiams, City Attorney
3005
Exhibit "A"
Aerial Photograph of Subject
Property RE No. 00332830-
000100
� I
I '
I k
i
l
n
� 1
N 'r
r
9 �I tN
B L I i
d� m
r
W
i
oa
if
jv/
H
W 9," 0 37.5 75 150 225 300
...��.._ .............� Feel
� wd �.,^ 1r0'd-LLarvLr Pl.vnrn9lhF�Tm«�ry�➢��`J
3006
THIS INSTRUMENT PREPARED
BY AND RETURN TO:
Gregory S.Oropeza,Esq.
Oropeza,Stones,&Cardenas,PLLC
221 Simonton Street
Key West,FL 33040
LAND USE RESTRICTION AGREEMENT
South '/Z of Lot 3, Block 2, The Palms/470 W. 1051h Street Ocean,Marathon, FL
THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made
and entered into as of the day of 2024, between the CITY OF
MARATHON, a municipal corporation of the State of Florida (hereinafter "City") and the
MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority
pursuant to section 380.0663(1), Florida Statutes and Monroe County Ordinance No. 031-1986
(hereinafter"Land Authority"), and their respective successors and assigns.
RECITALS
A. The site is legally described as the South '/2 of Lot 3, Block 2, The Palms,
according to the plat thereof as recorded in Plat Book 4, Page 86, of the Public Records of
Monroe County, Florida, Parcel Identification Number 00332830-000100 (hereinafter "Subject
Property") and currently has a street address of 470 W. 105th Street Ocean in Marathon, Florida;
and
B. The Marathon City Council has adopted Resolution !WWnominating the
Subject Property for purchase by the Land Authority and subsequent conveyance to the City as
an affordable housing site; and
C. The Land Authority purchased the Subject Property on May 30, 2024 ;and
D. The Land Authority has adopted Resolution 20 2024 authorizing conveyance
of the Subject Property to the City subject to this Agreement; and
E. As a condition of receiving title, the City has agreed that the Subject Property
shall comply with the affordable housing requirements specified herein.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set
forth herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the City and the Land Authority do hereby contract and agree as follows:
Page 1 of 6
3007
ARTICLE I
COMPLIANCE WITH LAND AUTHORITY REQUIREMENTS
In order to comply with the Land Authority's requirements pursuant to section
380.0663(1), et seq., Florida Statutes and Monroe County Ordinance No. 031-1986, the City
hereby covenants and agrees as follows:
1.01 The restrictions contained in this Article I shall not expire, shall run with the Subject
Property in perpetuity and shall be binding upon the City, its successors or assigns.
1.02 Use of the Subject Property shall be restricted to the provision of affordable housing for
households whose income does not exceed 160% of the Area Median Income. Nothing
herein shall preclude the City or any other entity providing affordable housing on the
Subject Property from setting more restrictive income limits than those imposed by this
Agreement.
1.03 The City is responsible for ensuring compliance with the restrictions in this Article I and
expressly agrees to furnish, upon the Land Authority's request, written certification
thereof.
ARTICLE II
CONSIDERATION
The Land Authority has paid over $125,000 to purchase the Subject Property for the City
and as an inducement to the City to restrict use of the Subject Property to affordable housing in
perpetuity. In consideration of said Land Authority funding for the foregoing purposes, the City
and the Land Authority have entered into this Agreement.
ARTICLE III
RELIANCE
In performing its duties hereunder, the Land Authority may rely upon statements and
certificates of the City, its tenants, and the residents of the Subject Property believed to be
genuine and to have been executed by the proper person or persons, and upon audits of the books
and records of the City pertaining to occupancy of the Subject Property.
ARTICLE IV
TERM
This Agreement shall become effective upon its execution and delivery, and shall remain
in full force and effect without expiration, unless modified by mutual written consent of the
parties.
Page 2 of 6
3008
ARTICLE V
ENFORCEMENT
If the City defaults in the performance of its obligations under this Agreement or
breaches any material covenant, agreement or warranty of the City set forth in this Agreement,
and if such default remains uncured for a period of thirty (30) days after written notice thereof
shall have been given by the Land Authority to the City, then the Land Authority may take any
action at law or in equity or otherwise to address said default(s). However, if the default stated in
such notice can be corrected, but not within the thirty (30) day period, and if the City adopts a
plan to correct or cure the default and commences the correction within the thirty (30) day period
(subject to any rights of tenants in possession of units under a valid lease agreement), and
thereafter diligently pursues the same to completion within such extended period, the Land
Authority shall not have waived its right of enforcement if the default remains uncured after the
expiration of the extended cure period.
ARTICLE VI
RECORDING AND FILING, COVENANTS TO RUN WITH THE LAND
6.01. Upon execution and delivery by the City, the Land Authority shall cause this
Agreement and all amendments and supplements hereto to be recorded and filed in the official
public records of Monroe County and shall pay all fees and charges incurred in connection
therewith.
6.02 This Agreement and the covenants contained herein shall run with the land and
shall bind, and the benefits shall inure to, respectively, the City and the Land Authority and their
respective successors and assigns during the term of this Agreement.
ARTICLE VII
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida, with respect to both substantive rights and with respect to procedures and
remedies.
ARTICLE VIII
NOTICE AND EFFECT
All notices and other communications to be made or permitted to be made hereunder
shall be in writing and shall be delivered to the addresses shown below or to such other addresses
that the parties may provide to one another in accordance herewith. Such notices and other
communications shall be given by any of the following means: (a) personal service or (b)
national express air courier, provided such courier maintains written verification of actual
delivery. Any notice or other communication given by the means described in subsection (a) or
(b) above shall be deemed effective upon the date of receipt or the date of refusal to accept
delivery by the party to whom such notice or other communication has been sent.
Page 3 of 6
3009
Land Authority: Monroe County Land Authority
1200 Truman Avenue, Suite 207
Key West, FL 33040
Attention: Executive Director
City: City of Marathon
9805 Overseas Highway
Marathon, FL 33050
Attention: City Manager
Any party may change said address by giving the other parties hereto notice of such
change of address in accordance with the foregoing provisions.
ARTICLE IX
MISCELLANEOUS
9.01. If any provision of this Agreement shall be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining portions shall not in any way be affected or
impaired.
9.02. This Agreement may be simultaneously executed in multiple counterparts, all of
which shall constitute one and the same instrument and each of which shall be deemed to be an
original.
Page 4 of 6
3010
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
South '/Z of Lot 3,Block 2, The Palms/470 W. 1051h Street Ocean, Marathon, FL
IN WITNESS WHEREOF, the City and the Land Authority have caused this
Agreement to be signed, sealed and attested on their behalf by duly authorized representatives,
all as of the date first set forth above.
WITNESSES: CITY OF MARATHON
Print: l kk l/'I�'"`
BY:
f,
Ra yii Still, Mayor
Address: 9805 Overseas Highway
Marathon, FL 33050
[SEAL]
STATE OF FLORIDA
COUNTY OF MONROE
"I"he foregoing instrument was acknowledged before me this day of
"! „ 2024 by Robyn Still Coldiron, as Mayor of the CITY OF MARATHON, a
municip, corporation of the State of Florida, on behalf of the City. Said person is personally
known to me or has produced a valid driver's license as identification,
, HIHaryH. airw� Notary
Publics to ofFloride
Notary Public Pr "�.
State of Florida
Comm#HH477374 My Commission Expires: 2 F
' Expires 1/3/2028 My Commission No.
Page 5 of 6
3011
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
South '/2 of Lot 3,Block 2, The Palms/470 W. 105th Street Ocean,Marathon, FL
IN WITNESS WHEREOF, the City and the Land Authority have caused this
Agreement to be signed, sealed and attested on their behalf by duly authorized representatives,
all as of the date first set forth above.
WITNESSES: MONROE COUNTY COMPREHENSIVE PLAN
LAND AUTHORITY
Print:
By:
David P. Rice, Chairman
Pr•irit:
Address: 1200 Truman Avenue
Suite 207
Key West, FL 33040
[SEAL]
Approved as to form and legality
....... _...................
Gregory S. Oropeza, Esq.
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of
_ 2024, by David P. Rice, as Chairman of the MONROE COUNTY
PREH COM ENSIVE PLAN LAND AUTHORITY, a land authority pursuant to section
380.0663(1), Florida Statutes and Monroe County Ordinance No. 031-1986, on behalf of the
Land Authority. Said person is personally known to me or has produced a valid driver's license
as identification.
Notary Public; State of Florida
Print Name:
My Commission Expires;
My Commission No.
Page 6 of 6
3012
The South 1/2 of Lot 3, Block 2, The Palms
Vaca Key
a
c
U 003
f
�f� /✓`aijo�i rry/,, � � i
/
3013