Item G16 G16
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
December 11, 2024
Agenda Item Number: G16
2023-3342
BULK ITEM: Yes DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Cynthia Guerra
9:25 AM
AGENDA ITEM WORDING: Approval of a resolution of the Monroe County Comprehensive Plan
Land Authority authorizing the conveyance of real property located at Block 22, Lot 16, Big Pine Cove
Subdivision(PB3-131) on Big Pine Key, having Parcel ID #00308540-00000, to Monroe County for
Affordable Housing subject to a Land Use Restriction Agreement (LURA).
ITEM BACKGROUND:
Land Authority staff are recommending that a parcel be conveyed to the County and then leased to
Habitat for Humanity of Key West and Lower Florida Keys, Inc. for affordable housing development,
subject to a Land Use Restriction Agreement (LURA) to maintain compliance with the Land
Authority's statute.
The closing costs for conveyance of the Subject Property to the County will be paid by the Land
Authority.
The Board of Directors for Habitat for Humanity of Key West and Lower Florida Keys, Inc. reviewed
this parcel on August 19, 2024 and committed to developing the site for Affordable Housing consistent
with Land Authority requirements.
ADVISORY COMMITTEE ACTION: On November 20, 2024 the Committee voted 4/0 to
recommend approval of the proposed resolution.
PREVIOUS RELEVANT BOCC ACTION:
On 12/13/23 the Governing Board approved adding the property to the Acquisition List for affordable
housing and approved purchasing the property.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
2298
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Proposed MCLA Resolution- 31568 Avenue D.pdf
Aerial Photograph
FINANCIAL IMPACT:
N/A
2299
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY
AUTHORIZING THE CONVEYANCE OF REAL PROPERTY
LOCATED AT BLOCK 22, LOT 16, BIG PINE COVE
SUBDIVISION (PB3-131) ON BIG PINE KEY, HAVING
PARCEL ID# 00308540-000000, TO MONROE COUNTY
FOR AFFORDABLE HOUSING SUBJECT TO A LAND USE
RESTRICTION AGREEMENT (LURA).
WHEREAS, Monroe County Land Authority ("Authority") owns a parcel, originally purchased
for the purposes of affordable housing (hereinafter "Subject Property"); and
WHEREAS, the Subject Property legal description is Block 22, Lot 16, Big Pine Cove
Subdivision (PB3-131) on Big Pine Key, having parcel ID #00308540-000000; and
WHEREAS, the Board of County Commissioners ("BOCC") adopted Resolution
requesting the Subject Property be conveyed from Authority to BOCC; and
WHEREAS, use of the subject property for affordable housing is consistent with the policies
of the County's Comprehensive Plan and Land Development Regulations; and
WHEREAS, the Land Authority Advisory Committee previously approved purchasing the
subject property for use as affordable housing for the BOCC;
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 BOCC
subject to the Land Use Restriction Agreements (LURAs) shown in Attachment"A" restricting
use of the Subject Property to affordable housing in accordance with Section 380.0666(3)(a),
Florida Statutes.
Page 1 of 2 2300
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this 11th day of December 2024.
Commissioner Craig Cates
Commissioner Michelle Lincoln
Commissioner Holly Merrill-Raschein
Commissioner James Scholl
Chairman David Rice
(Seal)
ATTEST: MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Cynthia Guerra David Rice
Acting Executive Director Chairman
Approved as to form and legality
Gregory Oropeza, Esquire
Page 2 of 2 2301
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
31568 AVENUE D
BIG PINE KEY, FLORIDA 33042
PARCEL ID NUMBER 00308540-000000
THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made
and entered into as of the day of , 20_, between the MONROE COUNTY,
FLORIDA (hereinafter "County") 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 has a property address of 31568 Avenue D, Big Pine
Key, Florida 33042 and more particularly described as follows:
Lot 16,Block 22,Big Pine Cove according to the plat thereof as recorded in Plat Book
3,Page 131, of the Public Records of Monroe County,Florida.
B. The County has adopted Resolution xxxx-xxx requesting the Subject Property be
conveyed to the County as a affordable housing.
C. In accordance with Land Authority Resolution xx-xxxx, the Land Authority has
conveyed the Subject Property to the County to be used as affordable housing.
D. The County has agreed that the Subject Property shall only be used consistent with
Florida Statutes 380.0666(3)(a)for affordable housing and shall be leased to Habitat for Humanity
of Key West and the Florida Keys, Inc. (hereinafter "Habitat for Humanity").
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 County and the Land Authority do hereby contract and agree as follows:
Page 1 of 6
2302
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, Monroe
County 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 County, 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 County or any other entity providing affordable housing on the
Subject Property from setting more restrictive income limits than those imposed by this
Agreement. If the Land Authority is amended from time to time, Habitat for Humanity
shall have the ability to utilize any portions of the Land Authority Statute thereby amended,
which may be less restrictive.
1.03 The County 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 as an inducement to the County to restrict use of the Subject Property to
affordable housing in perpetuity. In consideration of said Land Authority funding for the foregoing
purposes, the County 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 County, 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 County 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
2303
ARTICLE V
ENFORCEMENT
If the County defaults in the performance of its obligations under this Agreement or
breaches any material covenant, agreement or warranty of the County 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 County, 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 County adopts a
plan to correct or cure the default and commences the correction within the thirty (30) day period
(subjectto 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 the County 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 County 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.
Page 3 of 6
2304
Land Authority: Monroe County Land Authority
1200 Truman Avenue, Suite 207
Key West, FL 33040
Attention: Executive Director
Monroe County: Monroe County
1100 Simonton Street
Key West, Florida 33040
Attention: County Administrator
Monroe County Office of County Attorney
111 121' Street, Suite 408
Key West, Florida 33040
Attention: County Attorney
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
2305
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
31568 AVENUE D
BIG PINE KEY, FLORIDA 33042
PARCEL ID NUMBER 00308540-000000
IN WITNESS WHEREOF, the County 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, Florida
Print:
By:
Mayor
Print:
Address: 1100 Simonton Street
Key West, FL 33045
Approved as to form and legality
[SEAL]
Robert Shillinger, Esq.
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by means of physical presence this
day of , 20_by as Mayor of Monroe
County, Florida. 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
2306
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
31568 AVENUE D
BIG PINE KEY, FLORIDA 33042
PARCEL ID NUMBER 00308540-000000
IN WITNESS WHEREOF, the County 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
2307
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