Resolution 537-2024RESOLUTION NO. 537 - 2024
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSION REQUESTING THAT THE
MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY AUTHORIZE THE CONVEYANCE OF REAL
PROPERTY LOCATED AT 81 COUNTY ROAD ON BIG PINE
KEY, HAVING PARCEL ID# 00111360-000500, TO MONROE
COUNTY; COMMITTING TO LEASE THE SUBJECT
PROPERTY TO HABITAT FOR HUMANITY OF KEY WEST
AND LOWER FLORIDA KEYS, INC. FOR DEVELOPMENT
WITH AFFORDABLE HOUSING; AND AUTHORIZE THE
MAYOR TO SIGN A LAND USE RESTRICTION
AGREEMENT (LURA).
WHEREAS, Board of County Commissioners ("BOCC") desires the Monroe County Land
Comprehensive Plan Land Authority ("Authority") to convey a property located at 81 County
Road on Big Pine Key, having parcel ID 00111360-000500, described as
On the Island of Big Pine Key, Monroe County, Florida, commencing at a point
240 feet West of the North and South Section Line between Sections 25 and 26,
said point being 80 feet (86 feet as measured in field) North of the center of the
main line of the former Florida East Coast Railway right-of-way, as the said
Railway was located. From the above described Southeast corner, bear North
and parallel with said Section Line 360 feet: thence run Westerly a distance of 150
feet to the Point of the Beginning of the tract of land hereinafter described; thence
North parallel with said Section Line 97.5 feet; thence run Westerly a distance of
75 feet to the Easterly line of a 60 foot deeded road described in Deed Book A-2,
page 370 of the Public Records of Monroe County, Florida; thence run Southerly
along said Easterly right-of-way line of said dedicated road a distance of 97.5 feet;
thence run in an Easterly direction for a distance of 75 feet back to the Point of the
Beginning.
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, Habitat of Humanity of Key West and Lower Florida Keys, Inc. requested this lot
so they can develop an individual single-family home on the Subject Property;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSION THAT:
Section I The above recitals are true and correct and incorporated herein.
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Section 2. The BOCC hereby requests the. Subject property be conveyed to the BOCC by
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
81 COUNTY ROAD
PARCEL ID NUMBER 00111360-000500
THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made
and entered into as of the day of , 20_, between 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 81 County Road, Big Pine
Key, Florida 33042 and more particularly described by metes and bounds as follows:
On the Island of Big Pine Key, Monroe County, Florida, and commencing at a point
240 feet West of the North and South Section Line between Sections 25 and 26, said
point being 80 feet (86 feet as measured in field) North of the center of the main line
of the former Florida East Coast Railway right-of-way, as the said Railway was
located. From the above described Southeast corner, bear North and parallel with
said Section Line 360 feet; thence run Westerly a distance of 150 feet to the Point of
Beginning of the tract of land hereinafter described; thence North parallel with said
Section Line 97.5 feet; thence run Westerly a distance of 75 feet to the Easterly line of
a 60 foot deeded road described in Deed Book A-2, Page 370 of the Public Records of
Monroe County, Florida; thence run Southerly along said Easterly right-of-way line
of said dedicated road a distance of 97.5 feet; thence run in an Easterly direction for
a distance of 75 feet back to the Point of Beginning.
B. The County has adopted Resolution xxx-xxxx requesting the Subject Property be
conveyed to the County for affordable housing.
C. In accordance with Land Authority Resolution 15-2025, 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").
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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:
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.
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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.
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
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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
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
1111 12'h Street, Suite 408
Key West, Florida 33040
Attention: County Attorney
Any parry 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.
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COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
81 COUNTY ROAD
PARCEL ID NUMBER 00111360-000500
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:
Print:
Approved as to form and legality
Nathalia M. A Cher, Esq.
STATE OF FLORIDA
COUNTY OF MONROE
Monroe County, Florida
Mayor Jim Scholl
Address: 1100 Simonton Street
Key West, FL 33045
[SEAL]
The foregoing instrument was acknowledged before me by means of physical presence this
day of , 20_ by Jim Scholl, 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.:
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COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
81 COUNTY ROAD
PARCEL ID NUMBER 00111360-000500
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:
Print:
Approved as to form and legality
Gregory S. Oropeza, Esq.
STATE OF FLORIDA
COUNTY OF MONROE
MONROE COUNTY COMPREHENSIVE PLAN
LAND AUTHORITY
David P. Rice, Chairman
Address: 1200 Truman Avenue
Suite 207
Key West, FL 33040
[SEAL]
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.:
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