HomeMy WebLinkAboutResolution 189-2025 RESOLUTION NO. 189 - 2025
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSION REQUESTING THAT THE
MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY CONVEY REAL PROPERTY DESCRIBED
AS BLOCK 1, LOTS 8 AND 9, DARIOS SUBDIVISION (PB
3-92), LOCATED AT 30919 EDWARD ROAD ON BIG PINE
KEY, HAVING PARCEL ID# 00300390-000000 AND
00300390-000100, 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 AUTHORIZING 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 30919 Edward
Road on Big Pine Key, having parcel ID #00300390-000000 and 00300390-000100 and legal
description of Block 1, Lots 8 and 9, Darios Subdivision, according to the map or plat thereof, as
recorded in Plat Book 3, Page(s) 92 of the Public Records of Monroe County, Florida; 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, 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 1. The above recitals are true and correct and incorporated herein.
Section 2. The BOCC hereby requests the Subject property be conveyed to the BOCC by the
Land Authority.
Section 3. The BOCC hereby commits to lease the Subject Property to Habitat for Humanity of
Key West and Lower Florida Keys, Inc. for development with affordable housing.
Section 4. The Mayor is hereby authorized to execute the Land Use Restriction Agreement
(LURA) shown in Attachment "A" restricting use of the Subject Property to affordable housing in
accordance with Section 380.0666 (3)(a), Florida Statutes.
Section 5. This resolution shall take effect immediately upon its adoption.
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PASSED AND ADOPTED by the Monroe County Board of County Commissioners at a regular
meeting on this 21st day of May , 2025.
Mayor James K. Scholl . Yes
Mayor Pro Tem Michelle Lincoln Yes
Commissioner Craig Cates Yes
Commissioner David Rice Yes
Commissioner Holly Merrill Raschein Yes
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'r�'b, .. . As.D;epu Clerk James K. Scholl, Mayor
Approved as to form and legality
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ni-Lee MacLaughlin, Esq., Assistant County Attorney
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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
30919 EDWARD ROAD
BIG PINE KEY, FLORIDA 33042
PARCEL ID NUMBERS 00300390-000000 & 00300390-000100
THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made
and entered into as of the day of ,2025,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 30919 Edward Road,Big Pine
Key, Florida 33042 and more particularly described as follows:
Lots 8 and 9, Square 1, Dario's Subdivision, according to the map or plat
thereof, as recorded in Plat Book 3, Page 92, of the Public Records of Monroe
County, Florida.
B. The County has adopted Resolution nominating the Subject Property for
purchase by the Land Authority, with subsequent conveyance to the County as an affordable
housing site.
C. In accordance with Land Authority Resolution 28-2025, the Land Authority has
conveyed the Subject Property to the County to be used as affordable housing.
D. As a condition of receiving said Land Authority funding, the County 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,the County and the Land Authority do hereby contract and agree as follows:
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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,pursuant to
Florida Statutes Section 380.0666, as amended from time to time.
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.
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
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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.
Land Authority: Monroe County Land Authority
1200 Truman Avenue, Suite 207
Key West, FL 33040
Attention: Executive Director
Monroe County: Monroe County
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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.
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COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
30919 EDWARD ROAD
BIG PINE KEY, FLORIDA 33042
PARCEL ID NUMBERS 00300390-000000 & 00300390-000100
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:
By:
Mayor James K. Scholl
Print:
Address: 1100 Simonton Street
Key West, FL 33045
Approved as to form and legality
[SEAL]
Jem-Lee MacLaughlin, E q.
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by means of physical presence this
day of , 20_by James K. 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.:
Page 5 of 6
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
30919 EDWARD ROAD
BIG PINE KEY, FLORIDA 33042
PARCEL ID NUMBERS 00300390-000000 & 00300390-000100
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
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 2025, 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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