Item G11 Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Friday, September 6, 2024 8:26 AM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock;
Senior Management Team and Aides; Liz Yongue; InternalAudit; Hunt-Kacey
Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne;
Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch-
Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Valcheva-Svilena; Beyers-John;
Powell-Barbara
Subject: Add On item G11 BOCC 09/11/2024
Attachments: AIS 3019 G11.pdf, BACKUP 2 G11.pdf, BACKUP G11.pdf
Good Morning,
Please be advised,the following Add On Item is set for inclusion day-of meeting prior to the approval of the Agenda:
"Approval of a Resolution of the Monroe County Comprehensive Plan LandAuthority amending Section B. of
Resolution 04-2022 to direct staff to record a new Land Use Restriction Agreement(L URA) allowing
replacement of the original L URA, recorded on June 3, 2022 in BK#3177 and PG #667 on property described
as 22936 Overseas Highway, ocean side of Cudjoe Key, near mile marker 22, legally described as Lots 4 and S,
Block 1, Cudjoe Ocean Shores (PB 5-107) with Parcel ID Numbers 00186920-000000 and 00186930-000000. "
The Agenda Item Summary is attached.Once approved,this will be considered Add On Item G11.
Sincerely,
Executive Administrator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4441 (Office)
(305)850-8694(Cell)
Courier Stop#1
Notary Public
w.r o n r y e c_ u�n1y:�:V_e.gpy
gqjz..- Y .�.. _rn groecou�_n�.Y..-.�..:. .Y.
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
1
G11
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
September 11, 2024
Agenda Item Number: G11
2023-3019
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley
9:25 AM
AGENDA ITEM WORDING:
Approval of a Resolution of the Monroe County Comprehensive Plan Land Authority amending
Section B. of Resolution 04-2022 to direct staff to record a new Land Use Restriction Agreement
(LURA) allowing replacement of the original LURA, recorded on June 3, 2022 in BK #3177 and PG
#667 on property described as 22936 Overseas Highway, ocean side of Cudjoe Key, near mile marker
22, legally described as Lots 4 and 5, Block 1, Cudjoe Ocean Shores (PB 5-107) with Parcel ID
Numbers 00186920-000000 and 00186930-000000.
ITEM BACKGROUND:
This subject property was originally purchased by Habitat for Humanity of Key West and Lower
Florida Keys, Inc. with a loan from the Monroe County Land Authority (MCLA). The property will be
conveyed to Monroe County when Habitat obtains 4 certificates of occupancy (CO's) for the 4 units
they are constructing on site. Upon conveyance the MCLA has agreed to forgive the loan. On July 17,
2024, the BOCC approved a 99-year Ground Lease between Monroe County and Habitat for Humanity
of Key West and Lower Florida Keys, Inc. for this site after conveyance and the Land Authority
approved Resolution 04-2022 authorizing the mortgage loan and Land Use Restriction Agreement
(LURA), which also restricted income of eligible households to 80%Area Median Income (AMI).
At the time Habitat requested a maximum income limit of 80% of AMI.
Currently they have a family ready to purchase one of the units whose income is just over 80% and they
have requested we increase the Lease and LURA to allow up to 120% income levels for all buyers.
Land Authority Statute allows up to 160% so we are proposing a new LURA that allows them to go up
to the maximum.
The site also has a County Employee Housing Deed Restriction which restricts qualifying families to
120% of AMI.
The LURA shall be recorded simultaneously when the property is conveyed to the County to allow the
1
households purchasing the units to earn up to 160%AMI, and the LURA does not prohibit the County
and Habitat from requiring a lower income level, which is the case.
PREVIOUS RELEVANT BOCC ACTION:
On April 20, 2022 the Board approved Resolution 04-2022.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
TomRyanlncO8MCLAResolAmendingResolutionO4-2022.pdf
Letter to BOCC RE Cudjoe Shores Ground lease - Final.pdf
FINANCIAL IMPACT:
N/A
2
40ff
Monroe County Board of County Commissioners
1100 Simonton Street
Key West, FL 33040
September 5, 2024
Habitat for Humanity' Dear Monroe County Board of County Commissioners,
of Key West and I am writing on behalf of Habitat for Humanity of Key West and Lower Florida
Lower Florida.Keys Keys, Inc. (Habitat)to respectfully request a modification to the Ground Lease
Boaand Land Use Restriction Agreement (LURA)with Monroe County for Habitat's
Joe oody,Choi Cudjoe Shores development located at 22936 Overseas Highway, specifically
Joe Moody,.Chair
Debbie Batty, Vice Chair regarding the income limit for potential homeowners.
Nicholas wahrer, Treasurer
Donna Moore,Secretary This subject property was originally purchased by Habitat with a loan from the
Al Altuve Monroe County Land Authority(MCLA). The property will be conveyed to
Devon Ayers Monroe County when Habitat obtains 4 certificates of occupancy (CO's)for the
Brenda Callahan 4 units we are constructing on site. Upon conveyance the MCLA has agreed to
Billy Davis
Jaylin Morawski forgive the loan.
Lynda woods
On July 17, 2024, the BOCC approved a 99-year Ground Lease between
office Monroe County and Habitat for this site after conveyance, and the Land
471 Overseas Highway Authority approved Resolution 04-2022 authorizing the mortgage loan and
Unit 102 LURA, which also restricted income of eligible households to 80%Area Median
Key west,FL 33040 Income (AMI).
Mailing Address The property also has a County Employee Housing Deed Restriction which
P.C.Q.Box 58/3 restricts qualifying families to 120%of AMI, as do the majority of our ground
Key west,FL 33045
leases
Tel: 305-294-9006
Fax: 815-550.88,63 An issue with the 80% (vs 120%AMI) income limit has come to light during the
habitatlowerkeys.org final approval process of one of our four homeowner families who are preparing
to close on their new home in approximately a month.
/ °°�„ The Habitat for Humanity Homebuyer Program is committed to serving families
Y who fall within the 80%AMI income bracket, and we income-qualify families at
°s HQ USING
INE
EQUAL
PTYIN the time of selection. However, during the partnership phase—which spans 6 to
12 months as families complete their sweat equity hours and educational
VVP IIot.,tiuVd requirements—family income may fluctuate. This is a natural part of the
program's structure, as participants work to improve their financial stability in
�elf IPn�-�� ar1��V�f�u:a�t'°, preparation for homeownership.
a17 dnth eI)1,wr,, At the beginning of this year, we accepted eight families into our Homebuyer
Program, all of whom qualified under the 80%AMI limit. Now, 9 months later,
we find that one family now falls just above this threshold, with an income of
83%AMI. This particular family is a three-generation household consisting of a
married couple, their 9-year-old daughter, and the wife's mother.
The wife's mother has worked at the Navy's Child and Youth Program for many
years and is approaching retirement. She originally brought her family to the
U.S. from Cuba several years ago, and they are now permanent residents. The
younger couple was able to begin working in the U.S. a year ago. When they
applied to our Homebuyer Program, they met the 80%AMI requirement. Since
then, the father has received a raise and taken on additional work shifts to save
for closing costs, which has caused their income to rise slightly above the limit.
This increase in income reflects the family's hard work and commitment to
securing their home, and we believe this should be celebrated, not penalized.
They have already completed 396 hours of sweat equity labor on their home
and within the community, well above the required 300 hours, and have shown
IU uuuuuuuuuNNN �
0%
• immense dedication to the program. It is important to note that the construction
of their home has been delayed due to unforeseen circumstances, such as the
costly connection of a sewer system, which has extended the timeline for
closing.
Habitat Therefore, we respectfully request that the income limit for this Ground Lease
for Humanity" be adjusted to 120% of AMI. By doing so, we can continue supporting
of Keay West and hardworking families like this one,who are striving to achieve stable, affordable
(Lower Florida Keys housing despite the unique challenges of our region.
Board of Directors Thank you for your attention to this matter and for your continued support of our
Joe Moody,Char mission to provide strength, stability, and self-reliance through affordable
Debbie Batty, vice Chair homeownership. We look forward to working with you to ensure that deserving
Nicholas Wahrer, Treasurer
Donna Madre,Secretary local families can achieve their dream of homeownership.
Al AltUve
Devon Ayers Sincerely,
Brenda Callahan Kristina Welburn
Billy Davis Executive Director
Jayiin Morawski Habitat for Humanity of Key West and Lower Florida Keys
Lynda Woods
Office
471 Overseas Highway
Unit 102
Key West,FL 33040
Maill'ing Address
F.O.Box 5873
Key West,FL 33045
Tel: 305-294-9006
Fax: 815-550-8863
h abitatlower keys.o rc3
Orau.+ti swc
oraawru Mirror
Vve '17,1.V d d
?;ry�U� Pal " �GIII stabU,C�IUty,
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AMENDING
SECTION B. OF RESOLUTION 04-2022 TO DIRECT STAFF TO
RECORD A NEW LAND USE RESTRICTION AGREEMENT
(LURA) ALLOWING REPLACEMENT OF THE ORIGINAL LURA,
RECORDED ON JUNE 3, 2022 IN BK #3177 AND PG #667 ON
PROPERTY DESCRIBED AS 22936 OVERSEAS HIGHWAY,
OCEAN SIDE OF CUDJOE KEY, NEAR MILE MARKER 22,
LEGALLY DESCRIBED AS LOTS 4 AND 5, BLOCK 1, CUDJOE
OCEAN SHORES (PB 5-107) WITH PARCEL ID NUMBERS
00186920-000000 AND 00186930-000000.
WHEREAS, Habitat for Humanity of Key West and Lower Florida Keys (hereinafter "Habitat")
entered into a contract to purchase a two-lot site at 22936 Overseas Highway with Parcel ID
Numbers 00186920-000000 and 00186930-000000, legally described as Lots 4 and 5, Block 1,
Cudjoe Ocean Shores (PB 5-107) (hereinafter the "Site"); and
WHEREAS, Monroe County adopted Resolution 130-2022 nominating this project to receive
funding from the Monroe County Comprehensive Plan Land Authority (hereinafter "Land
Authority") in the form of a $400,000 mortgage loan to assist Habitat's acquisition of the site;
and
WHEREAS, Monroe County's Resolution 130-2022 also commits to accepting title to the Site
from Habitat and leasing the Site back to Habitat for 99 years once Habitat has completed
construction and received Certificates of Occupancy (COs) for all four units; and
WHEREAS, the Land Authority contributed $400,000 toward Habitat's purchase of the site, and
recorded a Land Use Restriction Agreement (LURA) which was recorded in BK #3177 and PG
#667; and
WHEREAS, the recorded LURA allowed Habitat to sell the housing units to households whose
income does not exceed 80% of Area Median Income (AMI); and
WHEREAS, Habitat has now requested the County and Land Authority allow them to sell the
units to households up to 120% AMI; and
WHEREAS, Land Authority statute allows households to purchase units, if their income does
not exceed 160% of AMI;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY that Section B of Resolution 04-2022 (Attachment "A") is hereby
amended to:
B. Habitat shall execute the Land Use Restriction Agreement (LURA) shown as Attachment "B"
and Land Authority staff shall record amended LURA.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this day of 12024.
Commissioner Craig Cates
Commissioner Michelle Lincoln
Commissioner Jim 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
Attachment A
Monroe County Land Authority Resolution 04-2022
Attachment "A"
RESOLUTION NO. 04-2022
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING
THE ISSUANCE OF A MORTGAGE LOAN TO HABITAT FOR
HUMANITY OF KEY WEST AND LOWER FLORIDA KEYS TO
FINANCE HABITAT'S PURCHASE OF 22936 OVERSEAS
HIGHWAY, OCEAN SIDE OF CUDJOE KEY, NEAR MILE
MARKER 22 LEGALLY DESCRIBED AS LOTS 4 AND 5, BLOCK
1, CUDJOE OCEAN SHORES (PB 5-107) WITH PARCEL ID
NUMBERS 00186920-000000 AND 00186930-000000 AS AN
AFFORDABLE HOUSING SITE SUBJECT TO CONDITIONS.
WHEREAS, Habitat for Humanity of Key West and Lower Florida Keys (hereinafter "Habitat")
has entered into a contract to purchase a two-lot site at 22936 Overseas Highway with Parcel ID
Numbers 00186920-000000 and 00186930-000000, legally described as Lots 4 and 5, Block 1,
Cudjoe Ocean Shores (PB 5-107) (hereinafter the "Site"); and
WHEREAS, the Seller of the Site has secured permit#20101242 for four (4) attached affordable
housing units, with each unit providing 940 square feet of living space with a 172 square foot
downstairs enclosure area; and
WHEREAS, Monroe County has adopted a resolution nominating this project to receive funding
from the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority") in
the form of a $400,000 mortgage loan to assist Habitat's acquisition of the site; and
WHEREAS, Monroe County's resolution also commits to accepting title to the Site from Habitat
and leasing the Site back to Habitat for 99 years once Habitat has completed construction and
received Certificates of Occupancy (COs) for all four units; and
WHEREAS, the Land Authority desires to contribute funding toward Habitat's purchase of the
site, subject to Habitat executing at closing, the Land Use Restriction Agreement shown as
Attachment "A" and a mortgage and note requiring Habitat pay back the loan, unless the
affordable housing units are constructed and issued certificates of occupancy; and
WHEREAS, the Land Authority desires to forgive the mortgage so long as Habitat constructs
the units and deeds the land to Monroe County Board of County Commissions and the County
leases the land back to Habitat to operate; and
WHEREAS, the Land Authority Advisory Committee considered this resolution on March 30,
2022 and voted 3/0 to recommend approval;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY that the Land Authority is authorized to issue a mortgage loan to
finance Habitat's purchase of the Site, subject to the following conditions:
A. The loan amount shall be $400,0000 and shall be secured by a five-year, zero interest
balloon mortgage.
B. At the closing of said loan, Habitat shall execute the Land Use Restriction Agreement shown
as Attachment "A".
Page 1 of 2
C. Said loan shall be forgiven if Habitat, within the five-year term of the mortgage, completes
construction and receives Certificates of Occupancy (COs) for all four units on the Site;
conveys title to the developed Site to Monroe County; and receives a 99-year affordable
housing lease of the Site back from Monroe County.
D. The Land Authority's commitment to fund this mortgage loan shall expire on May 1, 2023.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this 20th day of April , 2022.
Commissioner Craig Cates Yes
i.�v1i nt'rtatr�rr.t
Commissioner Michelle Coldiron Yes
Commissioner District III, vacant Vacant
Commissioner Holly Raschein Yes
i Chairman David Rice YPS
ti
fi<4> aT: MONROE COUNTY COMPREHENSIVE
5lfl(M4�
PLAN LAND AUTHORITY
Zt;4�11 _
Christine Hurley David P. Rice
Executive Director Chairman
Approved as to form and legality
Gregory Oropeza, Esquire
Page 2 of 2
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
22936 OVERSEAS HIGHWAY, CUDJOE KEY
LOTS 4 AND 5, BLOCK 1, CUDJOE OCEAN SHORES (PB 5-107)
PARCEL ID NUMBERS 00186920-000000 AND 00186930-000000
THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made
and entered into as of the day of , 20_, between the Habitat for Humanity
of Key West and Lower Florida Keys, Inc. (hereinafter "Habitat") 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 affordable housing site legally described as Lots 4 and 5, Block 1, Cudjoe
Ocean Shores, Plat Book 5, Page 107, of the Public Records of Monroe County, Florida
(hereinafter "Subject Property") and currently has a street address of 22936 Overseas Highway,
Cudjoe Key, Florida.
B. Monroe County has adopted Resolution xxxx-xxx nominating the Subject Property
for purchase by the Land Authority.. with subsequent conveyance to the County as a workforce
housing site by Habitat,after Habitat constructs the units as evidenced by certificates of occupancy
for all 4 units.
C. In accordance with Land Authority Resolution xx-xxxx, the Land Authority has
provided a Four Hundred and 00/100 Dollar ($400,000.00) mortgage loan to Habitat toward the
purchase of Subject Property.
D. As a condition of receiving said Land Authority funding, Habitat 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, Habitat and the Land Authority do hereby contract and agree as follows:
Page 1 of 6
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,Habitat 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 Habitat, 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 80% of the Area Median Income. Nothing
herein shall preclude Habitat or any other entity providing affordable housing on the
Subject Property from setting more restrictive incorne limits than those imposed by this
Agreement.
1.03 Habitat 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
In addition to other purposes, the Land Authority has provided funding for the purchase of
the Subject Property by Habitat as an inducement to Habitat to restrict use of the Subject Property
to affordable housing in perpetuity. In consideration of said Land Authority funding for the
foregoing purposes, Habitat 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 Habitat, 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 Habitat 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.
ARTICLE V
ENFORCEMENT
If Habitat defaults in the performance of its obligations under this Agreement or breaches
any material covenant, agreement or warranty of Habitat 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 Habitat, 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 Habitat 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 Habitat 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, Habitat 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.
Land Authority: Monroe County Land Authority
1200 Truman Avenue. Suite 207
Page 3 of 6
Key West, FL 33040
Attention: Executive Director
Habitat: Habitat for Humanity of Key West and Lower Florida Keys
PO Box 5873
Key West, FL 33045
Attention: Executive Director
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
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
22936 OVERSEAS HIGHWAY, CUDJOE KEY
LOTS 4 AND 5, BLOCK 1, CUDJOE OCEAN SHORES (PB 5-107)
PARCEL ID NUMBERS 00186920-000000 AND 00186930-000000
IN WITNESS WHEREOF. Habitat 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: Habitat for Humanity of Key West and Lower
Florida Keys, Inc., a Florida not for profit
corporation
Print:
By:
Kristina Welburn, Executive Director
Print:
Address: PO Box 5873
Key West, FL 33045
[SEAL]
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by means of physical presence this
day of , 20_ by Kristina Welburn as Executive Director of Habitat for
Humanity of Key West and Lower Florida Keys, Inc.. a Florida not for prof►t corporaiton Said
person is personally known to me or has produced a valid driver's license as identif►cation.
Notary Public; State of Florida
Print Name:
My Commission Expires:
My Commission No.:
Page 5 of 6
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
22936 OVERSEAS HIGHWAY, CUDJOE KEY
LOTS 4 AND 5, BLOCK 1, CUDJOE OCEAN SHORES (PB 5-107)
PARCEL ID NUMBERS 00186920-000000 AND 00186930-000000
IN WITNESS WHEREOF, Habitat 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 by means of physical presence
this day of 20_. 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
Attachment B
Land Use Restriction Agreement (LURA)
Attachment "B"
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
22936 OVERSEAS HIGHWAY, CUDJOE KEY
LOTS 4 AND 5, BLOCK 1, CUDJOE OCEAN SHORES (PB 5-107)
PARCEL ID NUMBERS 00186920-000000 AND 00186930-000000
THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made
and entered into as of the day of , 20_, between the Habitat for Humanity
of Key West and Lower Florida Keys, Inc. (hereinafter "Habitat") 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 affordable housing site legally described as Lots 4 and 5, Block 1, Cudjoe
Ocean Shores, Plat Book 5, Page 107, of the Public Records of Monroe County, Florida
(hereinafter "Subject Property") and currently has a street address of 22936 Overseas Highway,
Cudjoe Key, Florida.
B. Monroe County has adopted Resolution 130-2022 nominating the Subject Property
for purchase by the Land Authority, with subsequent conveyance to the County as a workforce
housing site by Habitat, after Habitat constructs the units as evidenced by certificates of occupancy
for all 4 units.
C. In accordance with Land Authority Resolution 04-2022, the Land Authority has
provided a Four Hundred and 00/100 Dollar ($400,000.00) mortgage loan to Habitat toward the
purchase of Subject Property.
D. As a condition of receiving said Land Authority funding, Habitat 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, Habitat and the Land Authority do hereby contract and agree as follows:
Page 1 of 6
ARTICLE I
COMPLIANCE WITH LAND AUTHORITY REQUIREMENTS
In order to comply with the Land Authority's requirements pursuant to section
380.0663(1),etseq.,Florida Statutes and Monroe County Ordinance No. 031-1986,Habitat 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 Habitat, 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 Habitat 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 Habitat 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
In addition to other purposes,the Land Authority has provided funding for the purchase of
the Subject Property by Habitat as an inducement to Habitat to restrict use of the Subject Property
to affordable housing in perpetuity. In consideration of said Land Authority funding for the
foregoing purposes, Habitat 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 Habitat, 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 Habitat 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
ARTICLE V
ENFORCEMENT
If Habitat defaults in the performance of its obligations under this Agreement or breaches
any material covenant, agreement or warranty of Habitat 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 Habitat, 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 Habitat 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 Habitat 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, Habitat 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 parry
to whom such notice or other communication has been sent.
Land Authority: Monroe County Land Authority
1200 Truman Avenue, Suite 207
Page 3 of 6
Key West, FL 33040
Attention: Executive Director
Habitat: Habitat for Humanity of Key West and Lower Florida Keys
PO Box 5873
Key West, FL 33045
Attention: Executive Director
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
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
22936 OVERSEAS HIGHWAY, CUDJOE KEY
LOTS 4 AND 5, BLOCK 1, CUDJOE OCEAN SHORES (PB 5-107)
PARCEL ID NUMBERS 00186920-000000 AND 00186930-000000
IN WITNESS WHEREOF, Habitat 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: Habitat for Humanity of Key West and Lower
Florida Keys, Inc., a Florida not for profit
corporation
Print:
By:
Kristina Welburn, Executive Director
Print:
Address: PO Box 5873
Key West, FL 33045
[SEAL]
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by means of physical presence this
day of , 20_by Kristina Welburn as Executive Director of Habitat for
Humanity of Key West and Lower Florida Keys, Inc., a Florida not for profit corporation. 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
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
22936 OVERSEAS HIGHWAY, CUDJOE KEY
LOTS 4 AND 5, BLOCK 1, CUDJOE OCEAN SHORES (PB 5-107)
PARCEL ID NUMBERS 00186920-000000 AND 00186930-000000
IN WITNESS WHEREOF, Habitat 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 by means of physical presence
this day of 20_, 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