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Home My WebLink AboutLand Use Restriction Agreement 01/24/2025 Doc#2487606 Bk#3309 Pg#468 Electronically Recorded 1/24/2025 at 12:55 PM Pages 6 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK ElectronicallyREC: $52.50 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 31562 AVENUE D BIG PINE KEY,FLORIDA 33042 PARCEL ID NUMBER 00308540-000100 THIS LAND USE RrSTRICT'ON AGREEMENT (hereinafter "Agreement") is made f. _ 2 etween the MONROE COUNTY, entered into as of thec��{ day o a FLORIDA (hereinafter "County") and the MON. OE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority pursuant to section 3 80.0663(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 31562 Avenue D, Big Pine Key, Florida 33042 and more particularly described as follows: Lot 15,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 539-2024 requesting the Subject Property be conveyed to the County for affordable housing. C. In accordance with Land Authority Resolution 17-2025, 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"). • 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 Doc.#2487606 Page Number: 2 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, 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 CONSIDERATI.ON 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 Doc.#2487606 Page Number: 3 of 6 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 (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 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 party to whom such notice or other communication has been sent. Page 3 of 6 Doc.#2487606 Page Number: 4 of 6 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 12th 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 Doc.#2487606 Page Number: 5 of 6 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT 31562 AVENUE I) BIG PINE KEY,FLORIDA 33042 PARCEL ID NUMBER 00308540-000100 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: C444 0 0 *orAM. F' 147gs "antliB- gc y t Mayor Jim Scholl PPrint. �' ' .+ ►'u1C ''1t�: :err► :/► _._._ ::. 9N7Q,PA::„Pal ti.)-9-.3ti F-L330140 Address: 1100 Simonton Street Key West,FL 33045 Approved as to form and legality es 4 v y t �„ a c �111I�"mom e c Nathalia M. rcher,Esq. STATE OF FLORIDA COUNTY OF MONROE 44 The foregoing instrument was acknowledged before me by means of physical presence this t 0 'day of Dectxri oex ,202b 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. 61.1‘40 14o11fry a lic; State Not ry b of Florida `• ;'" LIZ YONGUE Print Name: 900 OpAS- i;17 Mr COMMISSION#HH 474082 My Commission Expires: Pkilifit I c Sta. EXPIRES:April 15,2028 •.,OF F� My Commission No.: 14 Pr 0 *2, Page 5 of 6 Doc.#2487606 Page Number: 6 of 6 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT 31562 AVENUE D DIG PINE KEY,FLORIDA 33042 PARCEL ID NUMBER 00308540-000100 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 (//2 , Print: i :` • 24 . NAVe-fr,Wale.l>4 0 By; David P.Rice,Chairman Print: Vhick. Address: 1200 Truman Avenue Suite 207 Key West,FL ,40 [SEAL, ..._ Approved as to form and legality i __ s � L f i 1 4 4'Y\j Sk+ 17 q. • .... LT' F yr. J 1`: •.g .. A � r r �� 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 - .. j �►y__ 20-' by David P. Rice, as Chairman of the MONROE COUNTY COMPREHENSIVE P = 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 F1 ida :::,o;., <-,. ..• .. . . .: ....- _;:_,_...- .... . Print Name: . .,� Y P� DINA ANN GAMBUZZA ... ^ Notary Public•State of Florida My Commission Expires: ,k G1 v. -- �� -7 • Commission#HH 424218 My Commission No.: l .� My Comm.Expires Se 17,2027 P P Bonded through National Notary Assn. Page 6 of 6