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Home My WebLink About3. 09/13/2024 Land Use Restriction Agreement C", y THIS INSTRUMENT PREPARED BY AND RETURN TO: Gregory S.Oropeza,Esq. 330� �'} of b Oropez Stones, Cardenas,PLLC 24812?5 $ ;59 per,' ' � 221 Simonton Street ReeoQd 1 Key West,FL 33040 of p ieial items ,(,,CV d g�ord�d�n �� p�R 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 RRTRICTION AGREEMENT Oereinafter"Agreement") is made and entered into as of the day of 046 , 20kbetween 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 3 80.0663(1), Florida Statutes and Monroe County Ordinance No. 031-19 86 (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),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 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 of 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 5 873 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 corporation4.1111 1114 w jfi) rick_ Print: --. m7:(/111 � I -'_. e lm.e+ �m • Kristina Welburn, Executive Director Print: . Address: PO Box 5873 Key West, FL 33045 [SEAL] r Notary Public State of Florida ilk Terence .White STATE OF FLORIDA =., My Com +t!r°mi r.►�x HH 201130 COUNTY OF MONROE 4 Exp.1131/2028 The foregoing instrument was acknowledged before me by means of physical presence this arh day of , , 2oatt 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 Pu-lic; State of Florida _ Print Name: 7rearevite, My Commission Expires: . / .� . My Commission No.: id 14 ,g1 1( .3 Page 5of6 Docusign Envelope ID:C727E059-8164-4901-85CD-AA498489D003 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 „..;/.1r,,,,,,,(17 7 „.., - Print: ?' _ .si 11~ 7/ t '� �� B /4,--\ z y David P.Rice, Chairman Prirrt. a r .: . .. Address: 1200 Truman Avenue Suite 207 Key West, FL 33040 [SEA - Approved as to form and legality .. ,' '-, Signed by: `¢'. t ' ,' � t avtl etrOma. - } '- ,fir Gregory S. Oropeza, Esq. STATE OF FLORIDA , ,_,____ ,4170,,,,:„0, COUNTY OF MONROE The foregoinginsitru ent was ackn wledged before me by means of physical presence this t13 day of '::::52,L4' -, 12,. 1 4 r , 2 , 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. - ---�`o�,'-�- Afrial ac:->-:---a,tyrj,i)e/La..-- TA t,AMARCHE NotaryPublic• State of Floridia* �,�Rp4 � Commission#HH 146999 in, i - �,., '� July4,29FS Print Name: I I �. - 7 'o �' n MyCommission Expires: I u i s ' 2 ��,� p I My Commission No.: f ' C-.-,9 ' '' Page 6 of 6