HomeMy WebLinkAboutItem J3 J3
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
July 16, 2025
Agenda Item Number: J3
2023-4221
BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
No
AGENDA ITEM WORDING:
Approval of Amendment to an Affordable Employee Housing Deed Restriction for 12 Completed
Dwelling Units and 16 Permitted Dwelling Units (for a Total of 28 Units) Located at 95295 Overseas
Highway, Key Largo, in the Form of Approval of an Amended and Restated Employee Housing Deed
Restriction, to be Consistent with Florida Statutes Section 420.0004, Which Requires Any Housing
Financed with Funds from the Tourist Development Council ("TDC") Surplus Funding to be Deed-
Restricted for Households Earning Up To 120% of Area Median Income (i.e., "Moderate Income
Category") for a Period of No Less Than 99 Years.
ITEM BACKGROUND:
On June 18, 2025, the Monroe County Board of County Commissioners ("BOCC", "Board", "Monroe
County", or the "County") approved the purchase of property located at 95295 Overseas Highway, Key
Largo, including 12 new one-bedroom apartments, and permitted for an additional 16 units of
affordable employee housing. A portion of the purchase(11 units)were funded with the Affordable
Tourism Housing Program(DAC IV& DAC V allotments for private-sector tourism-related workforce
housing) and one (1) unit was funded using infrastructure sale surtax. The property has an active
conditional use permit(Planning Commission Resolution No. PO4-21) and issued building permits to
construct sixteen (16) additional affordable employee housing units on the site. The conditional use
permit requires all 28 units to be deed restricted as affordable employee housing units, but does not
require specific income categories for any of the units.
Eleven(11) of the twelve(12) completed units will be reserved for employees of private sector tourism-
related businesses as defined in Monroe County Resolution 544-2024 and one (1)will be reserved for a
County employee rental unit; any housing financed with funds from the TDC surplus may be used only
to provide housing that is affordable, as defined in s. 420.0004, Florida Statutes, for a period of no less
than 99 years. F.S. 420.0004 requires any housing financed with funds from the Tourist Development
Council (TDC) surplus funding to be deed restricted for households earning up to 120% of area median
2585
income (Moderate Income Category) for a period of no less than 99 years.
In 2021, the prior owner requested the reservation/award of 28 Affordable ROGO Allocations for the
construction of 14 Low Income and 14 Median Income Employee housing units. The BOCC adopted
Resolution 116-2021 granting the reservation request. At the time of the approval, the only affordable
housing ROGO allocations the County had available were from the Moderate Income Category pool;
the BOCC reserved 28 moderate income category allocations at more restrictive lower income levels to
meet the owner's request. It is within the legal discretion of the BOCC to amend the restrictions to
reflect the moderate-income category if desired. Following reservation of ROGO allocations, the BOCC
also adopted Resolution 265-2021 waiving Building Permit fees pursuant to Section 6-108(e) of the
Monroe County Code. Although the fee waiver resolution also referenced the owner's proposed Low
and Median Income category units,per Section 6-108 units within the Moderate Income category are
also eligible for a fee waiver.
In 2022, the prior owner executed and recorded a deed restriction for the subject property limiting
development to 14 Low Income and 14 Median Income affordable employee housing units. The deed
restriction runs in favor of Monroe County. Building permits for all 28 housing units were issued in
2022. Twelve one-bedroom units have been completed for occupancy at this time; sixteen are permitted
for future construction of affordable employee housing.
The maximum income limit for all 28 units is proposed to be amended to the Moderate Income level,
which allows households earning up to 120% of area median income to qualify for renting these units,
and is consistent with the Affordable Tourism Housing Program as referenced above.
PREVIOUS RELEVANT BOCC ACTION:
March 17, 2021 - The Board adopted BOCC Resolution No. 116-2021, reserving 28 affordable ROGOs
for development on the property.
August 18, 2021 - The Board adopted BOCC Resolution No. 265-2021, waiving building permit fees
for development of 28 affordable units on the property.
June 15, 2022 - The Board adopted BOCC Resolution No. 171-2022 extending ROGO reservation
through October 17, 2022.
June 18, 2025 - BOCC approved the purchase of property including 12 new one-bedroom apartments,
and permitted for an additional 16 units of affordable employee housing. A portion of the purchase (11
units)were funded with the Affordable Tourism Housing Program (DAC IV & DAC V allotments for
private-sector tourism-related workforce housing) and one (1) unit was funded using infrastructure sale
surtax.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
2586
Deed restriction- EMP 00484390-000000 Southcliff.pdf
BOCC Fee Waiver 265-2021.PDF
2022-171 Reso AFH Reservation Ext South Cliff Holding 171-2022.pdf
2020-130 PC Reso PO4-21 w Time Extension Approval 09.05.24.pdf
SB 1456 Enrolled - Monroe's Afford Housing Bill.pdf
F.S. 420.0004 Affordable Housing Definitions.pdf
Reso.544-2024 Affordable Tourism Housing Program.pdf
Amended and Restated Employee Housing Deed Restriction.pdf
FINANCIAL IMPACT:
2587
Doc#2390470 Bk#3193 Pg#141 Recorded 9/7/2022 at 12:14 PM Pages 25
Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK
RFC: $214.00
This instrument was prepared by:
Francisco Pla
1527 Shaw Dr.
Key Largo,FL 33037
MONROE COUNTY PLANNING DEPARTMENT
EMPLOYEE HOUSING DEED RESTRICTION
THIS DEED RESTRICTION SHALL BE INCORPORATED IN WHOLE AND
REFERENCED BY BOOK AND PAGE NUMBER ON ALL TRANSFERS OF
THE BELOW DESCRIBED REAL PROPERTY.
STATE OF FLORIDA
COUNTY OF MONROE
Notice is hereby given that:
I. South Cliff Holdings LLC, is the sole owner of certain real property, situated,
lying and being in Monroe County, State of Florida, described as follows:
The Northwesterly 720 feet of the following described parcel of land:
A portion of Tract 6, according to Plat of Southcliff Estates on Key Largo and recorded in Plat
Book 2 at Page 45 of the Public Records of Monroe County, Florida, more particularly described
as follows:
From a P.R.M. at the intersection of the Southeasterly right of way line of State Road No. 5 on
the agreed boundary line between Southcliff Estates and K.L.Thompson Property, as shown on
plat recorded in Plat Book 2. at Page 67, Public Records of Monroe County, Florida, run
Southeasterly on said agreed line, a distance of 66 feet to the Southeasterly right of way line of
Old State Road 4A; thence Southwesterly along said Southeasterly right of way line, a distance
of 330 feet to the Point of Beginning of the parcel hereinafter described thence continue
Southwesterly on last described course, a distance of 100 feet to the Northeasterly side of the
subdivision of Sunrise Point, according to the revised plat, recorded in Plat Book 3, at Page 11,
Public Records of Monroe County, Florida,thence along said Northeasterly side of Sunrise Point
in a Southeasterly direction, a distance of 1065 feet more or less to the shore of the Atlantic
Ocean;thence Northeasterly meandering said shore to a point of intersection with a line which
is 100 feet Northeasterly from and parallel to the said Northeasterly side of Sunrise Point;
thence Northwesterly along said line to the Point of Beginning.
And
Lot 1, Block 1 of REVISED PLAT OF SUNRISE POINT, according to the Plat thereof,as recorded in
Plat Book 3, at Page 11, of the Public Records of Monroe County, Florida.
And
Lot 2, Block 1 of REVISED PLAT OF SUNRISE POINT, according to the Plat thereof,as recorded in
Plat Book 3, at Page 11, of the Public Records of Monroe County, Florida.
Parcel Numbers 00483370-000100, 00484390-000000 & 00484400-000000
EMPLOYEE HOUSING DEED RESTRICTION Page 1 of 13
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II. As shown on Exhibit A— "Site Plan" and summarized on Exhibit B —"Chart"
Building Permit numbers for the 11 residential Buildings Permit Numbers are:
Building#1 21301888 Building#6 22300467
Building#2 21301889 Building#7 22300468
Building#3 21301890 Building#8 22300469
Building#4 22300465 Building#9 22300470
Building#5 22300466 Building#10 22300471
Building#11 22300472
III. As Authorized by Resolution No.116-2021, Reservation of 28 Affordable ROGO
Allocations (Exhibit C) and Resolution No. 171-2022 Extension of Reservation
of 28 Affordable ROGO Allocations (Exhibit D) this restriction is for 14 Low
Income Households and 14 Median income households as:
a) 12 one bedroom apartments shall be restricted to Low income households
b) 2 two bedroom apartments shall be restricted to Low Income households
c) 10 two bedroom apartments shall be restricted to Median Income households
d) 4 three bedroom apartments shall be restricted to Median Income households
IV. As authorized by Resolution No. 265-2021 Waiver of Building Permit Fees
(Exhibit E) and Resolution No.201-2022 Extension of Waiver of Building Permit
Fees (Exhibit F). Building Permit Fees have been waived for the 28 unit,
affordable / employee housing complex described herein.
V. As authorized herein, under the owner-occupied / developer moderate income
affordable / employee housing provisions set forth in the Monroe County Land
Development Regulations, the owner or owners of the above-described real
property have been exempted from payment of "Fair Share Impact Fees" for
the 28 unit, affordable / employee housing complex described herein.
VI. As authorized herein, the use of the 28 dwellings are restricted for a period of at
least ninety-nine (99) years. As shown in Exhibit A and summarized in Exhibit
B, 14 dwellings are being restricted to being leased or sold to households with
an adjusted gross annual income no greater than one hundred (100) percent of
the median and 14 dwellings to households with an adjusted gross annual
income no greater than eighty percent (80) adjusted gross annual income
VI I. The units subject to the restrictions herein are intended to, and shall serve only
as affordable / employee, permanent housing for working households, which
derive at least seventy (70) percent of their household income from gainful
employment in Monroe County and meet the requirements for affordable /
employee housing.
EMPLOYEE HOUSING DEED RESTRICTION Page 2 of 13
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Vlll. Maximum sales price for an owner occupied affordable/ employee housing unit
shall mean : *a price not exceeding
3.75 times the annual median household income for Monroe County for a 1 bedroom unit
4.25 times the annual median household income for Monroe County for a 2 bedroom unit
4.75 times the annual median household income for Monroe.County for a 3 bedroom unit
IX. The covenants shall be effective for ninety-nine (99) years, but shall not
commence running until a certificate of occupancy has been issued by the
building official for the dwelling unit(s) to which the covenant or covenants
apply. This deed restriction shall remain in effect for ninety-nine (99) years
regardless of the owner(s) or occupant(s) ability to comply or re-qualify on an
annual basis or as otherwise may be required.
X. At the time of sale of an owner-occupied affordable/employee housing unit, the
unit may be sold only to a household within the applicable low or median
income category.
E.g., ' an owner-occupied affordable/employee housing unit which is
encumbered by a median-income deed restriction may only be sold to another
household that qualifies for the County's above-described median-income
category or lower.
XI. Tourist housing use or vacation rental use of affordable/employee housing
units is prohibited.
XI I. No Encumbrances. "Joinder of Mortgages have been provided as part of this
restriction. No,additional mortgages will be obtained or recorded on the
properties prior to recording of this Deed Restriction. Otherwise, I/we
understand that a Joinder by the mortgagee (lender)will be required to be
included with this Deed Restriction if a mortgage is obtained prior to this Deed
Restriction being recorded in the Official Records of Monroe County, Florida.
There is/are no non-mortgage encumbrance(s) on the property legally-
described above nor will a non-mortgage encumbrance be recorded on that
property prior to the recording of this Deed Restriction. I/we understand that a
Joinder by the non-mortgage encumbrance-holder will be required to be
included with this Deed Restriction if a non-mortgage encumbrance is obtained
prior to this Deed Restriction being recorded in the Official Records of Monroe
County, Florida.
XIII. BORROWERS AND LENDERS TAKE NOTE: No equity may be borrowed
against the value of the affordable/employee housing unit which exceeds the
maximum sales price in Paragraph VIII. This prohibition is for an aggregate
loan amount of all equity against the home. A series of smaller equity loans
may not be obtained whose total loan amount exceeds the maximum sales
price in Paragraph VIII.
EMPLOYEE HOUSING DEED RESTRICTION Page 3 of 13
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XIV. All of the restrictions herein shall be binding upon any transferees, lessees,
heirs, assigns or successors in the chain of title for the property and owner-
occupant(s) and tenant-occupant(s) thereto, it being recognized that
recordation of this Employee Housing Deed Restriction constitutes constructive
notice to all interested parties.
XV. There is no mortgage on this property nor will a mortgage be recorded on this
property prior to the recording of this restriction. Otherwise, I/we understand a
joinder by the mortgagee (lender) will be required to this restriction if a
mortgage is obtained prior to this restriction being recorded in the Monroe
County Public Records.
XVI. Breach or Violation. In the event of breach of violation of the restrictions or
terms herein, the County shall provide a written "Notice of Default" or"Notice of
Violation" to the defaulting undersigned Grantor(s), the defaulting owner-
occupant(s), and/or the defaulting tenant(s) thereto, and a defaulting party shall
have the right to cure such breach(es) or violation(s) within thirty (30) calendar
days of receipt of notice of such breach(es) or violation(s).
Uncured breach(es) or violation(s) of the terms of and restrictions imposed by
this Employee Housing Deed Restriction shall, without any additional notice
beyond this Deed Restriction's recordation, entitle the County to immediately
suspend, without liability to the County, development applications, pending
permits, approvals, and inspections, of which are contingent upon the
effectiveness of and compliance with this Deed Restriction, except for those
permits, approvals, or inspections necessary to cure such breach(es) or
violation(s). Uncured breach(es) or violation(s) of a term or restriction imposed
herein shall be presumed to constitute a breach or violation of an irreparable or
irreversible nature.
In the event of any suit, action, proceeding, in law or in equity, by the County to
enforce the restrictions or terms contained herein, if the County prevails in any
such suit, action, or proceeding, on trial or appeal, the County shall be entitled to
reasonable attorney's fees, including trial, appellate, bankruptcy, and post-
judgment costs and collection proceedings for the maintenance or defense of any
such suit, action, or proceeding, to be paid by the losing party(ies) as fixed by the
court. Any judgment so rendered in favor of the County in connection with any
such suit, action, or proceeding arising out of, related to, or in connection with
this Deed Restriction, shall bear interest at the highest rate allowed by law. The
County shall recover reasonable legal and professional fees attributable to the
preparation, administration, and enforcement of such suit, action or proceeding,
from any person(s) and/or entity(ies) from or to whom a demand or enforcement
request is made, regardless of actual initiation of a suit, action, or proceeding.
These remedies are in addition to any other remedy, fine, or penalty which may
be initiated under, including, but not limited to, Chapter 162, Florida Statutes.
EMPLOYEE HOUSING DEED RESTRICTION Page 4 of 13
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XVII. Joint-and-Several Liability. If the undersigned Grantor(s), owner-occupant(s)
thereto, or tenant-occupant(s) thereto, or successors in title to or interest in the
property or any other non-County natural person(s) or legal person(s) are
party(ies) to any suit, action, or proceeding, in law or in equity, initiated or filed
by the County to enforce any provision, restriction., or term contained herein,
and consists of more than one person(s) or entity(ies), all such person(s) and
entity(ies) shall be jointly-and-severally liable.
XVIII. Cumulative Remedies. In the event of any breach or violation of the
restrictions or terms herein, the County shall, without liability to the County,
have the right to proceed at law or in equity as may be necessary to enforce
compliance with the restrictions or terms hereof, to enjoin activities,
construction, maintenance, practices, repairs, and uses inconsistent with the
restrictions or terms hereof, and to otherwise prevent the breach or violation of
any of them, to collect damages, and is both authorized and entitled to enforce
this Employee Housing Deed Restriction by emergency, preliminary, and
permanent injunction, including by ex parte motion and action for such
injunction(s), it being hereby expressly and specifically agreed-upon that the
County has no adequate remedy at law for such breach(es) or violation(s), or
such other legal method as the County deems appropriate. All rights and
remedies accruing to the County are assignable in whole or in part and are
cumulative; that is, the County may pursue such rights and remedies as the law
and this Deed Restriction afford it in whatever order the County desires and the
law permits. The County's resort to any one law(s) or remedy(ies) in advance of
any other shall not result in waiver or compromise of any other law(s) or
remedy(ies). The undersigned Grantor(s) hereby agree(s) to and shall pay for
all costs associated with the County's actions to enforce this Deed Restriction.
Failure by the undersigned Grantor(s), or owner-occupants or tenant-occupants
thereto, to comply with or perform any act required by or under this Deed
Restriction shall not impair the validity of this Deed Restriction or the conditions,
provisions, reservations, restrictions, rights, or terms hereof or limit their
enforceability in any way.
Enforcement of the conditions, provisions, restrictions, and terms of this Deed
Restriction shall be at the discretion of the County. The County's delay or
failure to enforce or omission in the exercise of any condition, provision,
reservation, restriction, right, or term contained herein, however long continued,
shall not be deemed a waiver or estoppel of the right to do so thereafter as to
any violation(s) or breach(es). No County waiver of a breach of any condition,
provision, reservation, restriction, right, or term hereof, shall be construed to be
a waiver of any succeeding breach of the same.
EMPLOYEE HOUSING DEED RESTRICTION Page 5 of 13
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XIX. Limitation of Liability. In the event of any litigation concerning any condition,
provision, restriction, or term of this Employee Housing Deed Restriction, the
undersigned Grantor(s), and owner-occupant(s) and tenant-occupant(s)
thereto, hereby waive their right to a jury trial. The undersigned Grantor(s)
further agree that no claim(s) shall be made by it for any delay or hindrance
allegedly attributable to the County during the progress of any portion of or
during the effective period of this Deed Restriction.
XX. Duty to Cooperate and No Arbitration. The undersigned Grantor(s), and
owner-occupant(s) and tenant-occupant(s) thereto, shall, to ensure the effective
implementation of the government purpose furthered by this Employee Housing
Deed Restriction, cooperate with the County's reasonable requests submitted
to said Grantor(s), and owner-occupant(s) and tenant-occupant(s) thereto,
regarding the conditions, restrictions, and terms contained herein. No suit,
action, or proceeding arising out of, related to, or in connection with this Deed
Restriction is subject to arbitration, and mediation proceedings initiated and
conducted that arise out of, relate to, or are in connection with this Deed
Restriction shall be in accordance with the Florida Rules of Civil Procedure.
XXI. Governing Laws/Venue. This Employee Housing Deed Restriction is and the
enforcement of the restrictions, terms, and obligations established therefrom
are governed by the Monroe County Comprehensive Plan, the Monroe County
Code(s), the Florida Building Code, and the Florida Statutes, and shall be
liberally construed to effectuate the public purpose of this Deed Restriction.
Exclusive venue for any dispute arising from or under, relating to, or in
connection with, this Deed Restriction, shall be in the Sixteenth Judicial Circuit
in and for Monroe County, Florida.
XXII. Construction and Interpretation. The construction and interpretation of such,
and all other, Monroe County Comprehensive Plan provision(s) and Monroe
County Code(s) provision(s) shall be deferred in favor of the Monroe County
(a/k/a Monroe County Board of County Commissioners) and such construction
and interpretation shall be entitled to great weight on trial and on appeal.
XXIII. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
If any condition, provision, reservation, restriction, right, or term of this Deed
Restriction, or any portion thereof, is/are held invalid or unenforceable in or by
any administrative hearing officer or court of competent jurisdiction, the
invalidity or unenforceability of such condition, provision, reservation,
restriction, right, term, or any portion(s) thereof, shall neither limit nor impair the
operation, enforceability, or validity of any other condition, provision,
reservation, right, term, or any remaining portion(s) thereof. All such other
conditions, provisions, reservations, restrictions, rights, terms, and remaining
portion(s) thereof shall continue unimpaired in full force and effect.
EMPLOYEE HOUSING DEED RESTRICTION Page 6 of 13
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XXIV. Captions and Paragraph Headings. Captions and paragraph headings, where
used herein, are inserted for convenience only and are not intended to
descriptively limit the scope and intent of the particular paragraph or text to
which they refer.
XXV. Authority to Attest. Each party to this Employee Housing Deed Restriction
represents and warrants to the other that the execution, delivery, and
performance of this Deed Restriction has been duly authorized by all necessary
corporate and other organizational action, as required.
XXVI. Entire Agreement. This Employee Housing Deed Restriction constitutes the
entire Deed Restriction and any representation or understanding of any kind
preceding the date of this Deed Restriction's execution or recordation is not
binding upon the Grantor(s) or the County, except to the extent that it has been
incorporated into this Deed Restriction.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
EMPLOYEE HOUSING DEED RESTRICTION Page 7 of 13
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AN
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I/we certify that I/we am/are familiar with the information herein contained and
that it is true and correct; and I/we will abide by the above stated restrictions
pursuant to Monroe County Code as may be amended from time to time.
Owner Owner
X X
—" L 7*,c
--Gr���
Francisco J. Pla Who ' Member Richard C. Riehl/Authori d Member
1: Wi es\S`ignature 1: Witne -nature
Print ame v ifir� \� Print Na e N ^V-I� l k
2: Witness Signature 2: itness Signature
Print Name Y Q(`1 A Print Name Q Y
STATE OF LG�.�( STATE OF `0�aG
COUNTY OF M0VIy'0e-,,, COUNTY OF M VAr0fi
Sworn to and subscribed before me, by Sworn to and subscribed before me,by
means of%physical presence or online means ofX physical presence or online
notarization notarization
this 'Z6 day of AVq V5� , 20 22. , this 2.(D day of,�J�, 20 -4�2- ,
by T{rgr'k6 tsc o by
(PRINT NAME OF PERSON MAKING STATEMENT) (PRINT NAME OF PERSON MAKING STATEMENT)
who is pers allyPwn tome ORroduc who is persona kn n to me OR roduce
q-bV1 eNlC� �2 aj)identi ication. fL b ��(1 ) 3 -Oas(identification.
(TYP OF (TYPE OF Mt
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Signattl eUt
Public Signature�IWoIUYryubA
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Print,Name of Notary Public Print,Name of Notary Public
My commission expires: 3I J(26zq My commission expires: 3)I- L Zn2
-Apr Pu'•-; LORI M.SOLLIITO
'_°• �� Notary Public-State of Florida
Commission#GG 953328 :ot `Y°ue�: LORI M.SO:GG
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My Comm. Tres Mar 10,2024 Notary Public-S
Commission#Bonded through National Notary Assn. '�'� rti My Comm.ExpireBonded through Nation
EMPLOYEE HOUSING DEED RESTRICTION Page 8 of 13
RE No.:_00483370-000100, 00484390-000000 & 00484400-000000
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This instrument was prepared by:
Francisco Pla
1527 Shaw Dr.
Key Largo,FL 33037
JOINDER OF MORTGAGEE
Kenneth Moauro & Bernadette Moauro,(husband & wife) whose address is
9647 N. Bedrford Rd., Macedonia, Ohio 44056 having a record interest as
recorded in the official records of Monroe County at Book 3097 Page 20 in the
lands described in the Employee Housing Deed Restriction attached hereto
between South Cliff Holdings LLC Grantor, and Monroe County, Florida,
Grantee, hereby joins in, consents to, and ratifies that Employee Housing Deed
Restrictionthe date indicated below.
X VIE
X M� �
Kenn th oau o/ ortgagee Bernadette Moauro/ Mortgagee
i kAw
1: Wit ess Signature 1: Witness Signature 1
Print Name 1WAia Print Name S wR id
2: 1 itness Signature 2: Witness Signature
Print Name_1M,rr Print Name ►^err Iccs,lu�•+$kl
STATE OF 6 At o STATE OF Q 1 d
COUNTY OF 1�G2-r�C--� COUNTY OF 612ahC-
Sworn to and subscribed before me, by Sworn to and subscribed before me, by
means ofXphysical presence or online means of Xphysical presence or online
notarization notarization
thig2�vp day of �,uGvsT- , 20 2Z this" t Today of uG�sSi , 20 ZZ ,
by KEivN MaAurz� by -rat AVM
(PRINT NAME OF PERSON MAKING STATEMENT) (PRINT NAME OF PERSON MAKING STATEMENT)
who is personally known to me OR produced who is personally known to me OR produced
as identification. as identification.
(T E O ID PROD ED) (TY OFi D PROR D[JFED)
Ignature of Notary Public Signature of,Notary Public
Print,Name of Notary Public Print,Name of Notary Public
My commission ea�ir�es: /G -/a ^ 2-3 My commission expires: ro ld' 3
%11 � Oilli l,,�
`�• �DNS-NQT,�.,. �`% \NS-No').
� "o
EMPLOYE �aTRICTION
RE No.:_G04 r., .'. O(L484390-000000 & 00484400-000060
Rev. 12.2142(d -: ?.=t`_a`•
lcXP:oc't 1 ��
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This instrument was prepared by:
Francisco Pla
1527 Shaw Dr.
Key Largo,FL 33037
JOINDER OF MORTGAGEE
Alice Riehl, Individually and as Trustee under Declaration of Trust known as
The Alice Riehl Living Trust Dated -3/15/2016 whose address is 1005 Snapper
Ln. Key Largo, Florida 33037 having a record interest as recorded in the official
records of Monroe County at Book#3114 Page#1859 in the lands described in
the Employee Housing Deed Restriction attached hereto between South Cliff
Holdings LLC Grantor, and Monroe County, Florida, Grantee, hereby joins in,
consents to, and ratifies that Employee Housing Deed Restriction on the date
indicated below.
Name of Mortgagee -
1: Witts> Signature Allc Riehl as Trustee!Mer the
1 Declaration of Trust know as
The Alice Riehl Living Tru ated 03/15/2016
(Print KApe Name of Witness)
A hce Riehl, Individually IJ
Witness Signature y MCC,,
1
� Print Name:
(Orin* or Type Name of Witness)
STATE OF
COUNTY OF M6VIr6-e�
Sworn to and subscribed befor me, by means of physical presence or ❑ online notarization
this 2fo day of 20 22 , by Al[C<- I. RtC� I ,
(PRINT NAME OF PERSON MAKING STATEMENT)
who i S 11 kn n to me OR produced t.klWA pL P-LIU0-63S=31-%-iid&ntification.
(TYPE"OF ID PRODUCED)
Signa
)'V�WM(1140
Print,Type or Stamp Commissioned Name of Notary Public
Po''• LORI M.SOLLITTO
My commission expires: i9; Notary Public-State of Florida
®Q Commission a GG 9533I8 -3 I I0 12-02-
My Comm.Expires Mar 10,2024
Bonded through National Notary Assn.
EMPLOYEE HOUSING DEED RESTRICTION Page 10 of 13
RE No.:_00483370-000100, 00484390-000000 & 00484400-000000
Rev. 12.21.2020
2597
Doc.#2390470 Page Number: 11 of 25
This instrument was prepared by:
Francisco Pla
1527 Shaw Dr.
Key Largo,FL 33037
AFFIDAVIT OF SOUTH CLIFF HOLDINGS, LLC
Before me, a notary public appeared, Francisco J Pla, &Richard C Riehl on behalf of
and as Managers of South Cliff Holdings, LLC a Florida limited liability company, who after
being duly sworn, depose and state as follows:
1. South Cliff Holdings LLC is a limited liability company organized under the
laws of Florida("the Company") effective March 30, 2021.
2. Pursuant to the Article of Organization, Bylaws, and Operating Agreement, the
Company is a manager managed company and there are two Managers as
follows: Francisco J. Pla, and Richard C Riehl and we have never resigned or
been removed as a managers.
3. That we have the authority to execute any and all documents on behalf of the
limited liability company.
4. The undersigned make this Affidavit with full knowledge that Monroe County
requires compliance for Affordable Housing requirements based on
documentation executed by the managers of the Compan .
X
Francisco J.Pla/M ger Richard C.Riehl/ma5Wr
1: W tKos`Si�nature 1: Witness nature
P nt amen! Print Nam i tiCc,
2: Witness, ignature• II` - 2: Witnes s i gnature,
Print Name .(ri ' _ t\Tint Name COY u
STATE OF 171OV-LA A STATE OF Fl m d m
COUNTY OF UV)r0fJ COUNTY OF V1Y'0t)
Sworn to and subscribed before me, by Sworn to and subscribed before me, by
means of9physical presence or online means of KPhysical presence or online
notarization notarization
this 2(a day of Av USf , 20 22 this 261 day of hJ4 05�� , 20 22. ,
by f_j(01V1G1 SC 0 V f I A by }2i c(ti0-4 4fW&kS R_Ie h I,
(PRINT NAM MAKING STATEM (PRINT NAME OF PERSON MAKING STATEMENT
who i pe _ e rod_ who is personally known to me O roduce
41_0 2 as identification. a L• 12y0(7 ^l�`}^ l a�identi ication.
(TYPE D) (TYPE Or rd J�IV
Sign r Nota P 1' Signature of fobli
6" �6 ��
-, Y,Ou, •" Pu-•. LORI M.SOLG5
Not y Public Print Name of Notary Public :°• ��= Notary Public-Stlorida
r; Notary-State ofFConda o• Commission# 328Commission#GG 953328 ` �' M Comm.Expire ,2024My ConMyE ;tWs1AoW ires: 3llOjZ(j2� My commission expires: f . F Bonded through Nationry Assn.
Bonded through National Notary Assn. 11
EMPLOYEE HOUSING DEED RESTRICTION Page 11 of 13
RE No.:_00483370-000100, 00484390-000000 & 00484400-000000
Rev. 12.21.2020
�v1
2598
Doc.#2390470 Page Number: 12 of 25
This instrument was prepared by:
Francisco J.Pla
1527 Shaw Dr.
Key Largo,FL 33037
Affidavit of No Encumbrances
1. WHEREAS, South Cliff Holdings LLC, is the sole owner of the following
described real property located in Monroe County, Florida described as
Lot(s):1 & 2, Block:1,Revised Plat of Sunrise Point Key Largo Plat Book:3
Page:11 Parcel Real Estate Numbers: 00484390-000000 & 00484400-000000
and
A portion of Tract 6, Southcliff Estates Subdivision Key Largo
Plat Book: 2 Page: 45 Parcel ID/Real Estate Number : 00483370-000100
2.WHEREAS, this statement is current as of this date, and that no liens,
loans, mortgages or other encumbrances currently encumber the above legally
described real property other than those in which Joinder(s) have been executed
and submitted.
3.Now, therefore, the undersigned state that the above described property
is/are free of all liens; loans, mortgages, or any other encumbrances at this time
other than those in which Joinder(s) have been executed and submitted.
EXECUTED ON THIS Z(a day of August, 2022.
WITNESSESS TO BOTH: OWNERS
1: itness Signature /
x you x
e_ Richard C Riehl/Authorized Member
L L, 52505 `� 1005 Snapper Ln.
1--\ h Key Largo, FL 33037
2: I!W ness Signatu
x X
� ` Francisco J. Pla/Authorized Member
C� 1527 Shaw Dr.
Key Largo, FL 33037
STATE F FLORIDA COUNTY OF MONROE
Sworn n subscribed before me,by means of h sical resence notarization this 2&
day o , 2 2, by Rich ar gr i§apr3oPla, th personally known to me
Notary Public-state of Florida
Commission#GG 953328
of e� My Comm.Expires Mar 10,2024
Sig t e o Notary Public one roug ational NotaryAssn.
E O HOUSING DEED RESTRICTION Page 12 of 13
RE No.:_00483370-000100, 00484390-000000 & 00484400-000000
Rev. 12.21.2020
�n
/2599
6� 11
Doc.#2390470 Page Number: 13 of 25
TABLE OF EXHIBITS
1) EXHIBIT A- SITE PLAN
2) EXHIBIT B—CHART
3) EXHIBIT C—RESOLUTION 116—2021 RESERVATION OF ROGO ALLOCATION
4) EXHIBIT D—RESOLUTION 171-2022 EXTENSION RESERVATION OF ROOGO
ALLOCATIONS
5) EXHIBIT E—RESOLUTION 265-2021 WAIVER OF PERMIT FEES
6) EXHIBIT F—RESOLUTION 201-2022 EXTENSION OF WAIVER OF PERMIT FEES
EMPLOYEE HOUSING DEED RESTRICTION Page 13 of 13
RE No.:_00483370-000100, 00484390-000000 & 00484400-000000
Rev. 12.21.2020
2600
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Doc.#2390470 Page Number: 15 of 25
EXHIBIT B
CHART
BUILDING# PERMIT# ADDRESS UNIT# TYPE INCOME
BUILDING#1 21301888 95295 Overseas Hwy. #1 1 BED 1 BATH LOW
BUILDING #1 21301888 95295 Overseas Hwy. #2 1 BED 1 BATH LOW
BUILDING #1 21301888 95295 Overseas Hwy. #3 1 BED 1 BATH LOW
BUILDING #1 21301888 95295 Overseas Hwy. #4 1 BED 1 BATH LOW
BUILDING#2 21301889 95295 Overseas Hwy. #1 1 BED 1 BATH LOW
BUILDING#2 21301889 95295 Overseas Hwy. #2 1 BED 1 BATH LOW
BUILDING#2 21301889 95295 Overseas Hwy. #3 1 BED 1 BATH LOW
BUILDING#2 21301889 95295 Overseas Hwy. #4 1 BED 1 BATH LOW
BUILDING#3 21301890 95295 Overseas Hwy. #1 1 BED 1 BATH LOW
BUILDING#3 21301890 95295 Overseas Hwy. #2 1 BED 1 BATH LOW
BUILDING#3 21301890 95295 Overseas Hwy. #3 1 BED 1 BATH LOW
BUILDING #3 21301890 95295 Overseas Hwy. #4 1 BED 1 BATH LOW
BUILDING #4 22300465 95295 Overseas Hwy. #1 2 BED 2.5 BATH LOW
BUILDING#4 22300465 95295 Overseas Hwy. #2 2 BED 2.5 BATH LOW
BUILDING #5 22300466 95295 Overseas Hwy. #1 2 BED 2.5 BATH MEDIAN
BUILDING#5 22300466 95295 Overseas Hwy. #2 2 BED 2.5 BATH MEDIAN
BUILDING#6 22300467 95295 Overseas Hwy. #1 2 BED 2.5 BATH MEDIAN
BUILDING#6 22300467 95295 Overseas Hwy. #2 2 BED 2.5 BATH MEDIAN
BUILDING#7 22300468 95295 Overseas Hwy. #1 2 BED 2.5 BATH MEDIAN
BUILDING#7 22300468 95295 Overseas Hwy. #2 2 BED 2.5 BATH MEDIAN
BUILDING #8 22300469 95295 Overseas Hwy. #1 2 BED 2.5 BATH MEDIAN
BUILDING#8 22300469 95295 Overseas Hwy. #2 2 BED 2.5 BATH MEDIAN
BUILDING #9 22300470 95295 Overseas Hwy. #1 2 BED 2.5 BATH MEDIAN
BUILDING #9 22300470 95295 Overseas Hwy. #2 2 BED 2.5 BATH MEDIAN
BUILDING #10 22300471 95295 Overseas Hwy. #1 3 BED 2.5 BATH MEDIAN
BUILDING #10 22300471 95295 Overseas Hwy. #2 3 BED 2.5 BATH MEDIAN
BUILDING #11 22300472 95295 Overseas Hwy. #1 3 BED 2.5 BATH MEDIAN
BUILDING#11 22300472 95295 Overseas Hwy. #2 3 BED 2.5 BATH MEDIAN
2602
Doc.#2390470 Page Number: 16 of 25
EXHIBIT C
S'
1
2 RESOLUTION NO. 116 -2021
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION OF TWENTY-
6 EIGHT (28) AFFORDABLE ROGO ALLOCATIONS (14 LOW
7 INCOME AND 14 MEDIAN) FOR PROPOSED EMPLOYEE
8 HOUSING DWELLING UNITS ON PROPERTY OWNED BY RIEHL
9 ALICE LIVING TRUST LOCATED 95301 OVERSEAS HIGHWAY,
10 SECTION 13, TOWNSHIP 62, RANGE 38 PART TRACT 6,
11 SOUTHCLIFF ESTATES, KEY LARGO, APPROXIMATE MILE
12 MARKER 95.5, HAVING PROPERTY IDENTIFICATION NUMBER
13 00483370-000000, AND PROPERTY OWNED BY ARMANDO &
14 MARIA C. CABRERA, FOR PROPERTY LOCATED ON LOTS I & 2,
15 BLOCK I REVISED PLAT OF SUNRISE POINT, KEY LARGO
16 HAVING PROPERTY IDENTIFICATION NUMBER(S) 00484390-
17 000000 AND 00484400-000000 AS REQUESTED BY FRANK PLA, AS
18 AUTHORIZED BY THE PROPERTY OWNERS, RIEHL ALICE
-----------------------
19 LIVING TRUST AND ARMANDO & MARIA C. CABRERA, UNTIL
20 JULY 17, 2022 FOR BUILDING PERMIT ISSUANCE.,
21
22 WHEREAS,the State ol'Florida and all local governments in the Florida Keys (each subject to
23 Area of Critical State Concern mandates relating to housing affordability) recognize the need for
24 affordable housing throughout the state and particularly in the Florida Keys where developable land for
25 housing is extremely limited and expensive; and
'6
27 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is
28 one requiring sensible and responsive use of residential unit allocations, including implementation of
29 long-term preservation mechanisms; and
30
31 WHEREAS, due consideration should be given to relevant factors such as the capacity for
32 allocation recipients to promptly transform allocation awardslreservations into finished and occupied
33 aflordable/workforce housing units; and
J4 .. -
35 WHEREAS. Section 138-24(b)(2) of the Monroe County Land Development Code allows
36 the BOCC to authorize reservations for "specific affordable or employee housing projects participating
37 in a federal/state housing financial assistance or tax credit program or receiving some form of direct
38 financial assistance from the county upon written request from the project sponsor and approved by
39 resolution of the Board of County Commissioners," and
40
41 . WHEREAS, Frank Pla, as authorized by the current property owners, Riehl Alice Living Trust
42 and Armando & Maria (7 Cabrera, are proposing to develop the properties with twenty-eight (28)
43 affordable employee housing units;and
t
2603
Doc.#2390470 Page Number: 17 of 25
1
2 WHEREAS,the reservation of affordable housing allocations for the anticipated project does not
3 exempt the project from applicable requirements for the Monroe County Land Development Regulations,
4 Building Code and other regulatory requirements, and
5
6 WHEREAS, Riehl Alice Living 'Trust and Armando & Maria C Cabrera shall obtain all
7 required approvals from the Monroe County Planning & Fnvironmental Resources Department for the
8 project:and
9
10 WHEREAS, Riehl Alice living Trust and Armando & Maria C Cabrera shall obtain permits
1 I for the affordable housing dwelling units by July 17,2022, if the permit for a reserved ROGO allocation
12 housing unit is not issued by that time,the allocation will revert to the County;
13
14 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
15 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
16
17 Section 1: The foregoing recitals are true and correct,and are hereby incorporated as if fully
18 set forth herein.
19
20 Section 2: The Monroe Count, Planning Department shall reserve twenty-eight (28) affordable
21 ROGO allocations(14 low income and 14 median income), for the project at 95301 Overseas Highway,
22 Section 13. Township fit, Range 38 Part Tract 6, Soutlicliff Estates, Key Largo, having Property
23 Identification Number 00493370-000000, and Lots I & 2, Block 1 Revised Plat of Sunrise Point Key
24 Largo, have Property Identification Number(s) 00484390-000000 and 00484400-000000 until July
25 17, 2022.
26
27 Section 3: The developer must obtain the building permits for the twenty-eight (28)
28 affordable/employee housing units on or before June 17"', 2022.
29
30 Section 4: The developer shall comply with all Monroe County requirements, all applicable
31 Building Code requirements, and any other oversight agencies.
32
33 Section 5: The Planning and Building Department Staff is hereby authorized to process
34 expeditiously permit related applications for the above referenced project when received.
35
36 PASSED AND ADOPTED by the Board of County Commissioners of" Monroe County.
37 Florida at a regular meeting held on the 17th day of March, 2021,
38
39 Mayor Michelle Coldiron Yes
40 Mayor Pro Tern David Rice Yes
41 Commissioner Craig Cates Yes
42 Commissioner Eddie Martinez Yes_
43 Commissioner Mike Forster Yes
44
45
2 of 3
a .
2604
Doc.#2390470 Page Number: 18 of 25
1
2 BOARD OF COUNTY COMMISSIONERS OF MONROE
3 COUNTY, FLORIDA _
y
BY:
,- Mayor Michelle Coldiron
N MADOK, CLERK
MONROEC4 AT70RNEY
11 �` AP? TO FORM
13 AS DEPTJ Y CLERK PETER MORRIS
ASSISTANT COUNTY ATTORNEY
flats: 2/19/21
_Y q
-7 T
.ter C1
Z'
Vr
3 of 3
2605
Doc.#2390470 Page Number: 19 of 25
EXHIBIT D
- J
3 RESOLUTION NO. 171 -2022 75
4 A RESOLUTION OF THE AIONROE COUNTY BOARD OF COUNTY 0
5 CONIlIISSIONERS APPROVING THE RESERVATION EXTENSION $
6 OF TWENTY-EIGHT(28)AFFORDABLE ROGO ALLOCATIONS(14
7 LOW 1NCO`'IE AND 14-MEDIAN) FOR PROPOSED EMPLOYEE
S HOUSING DWELLING UNITS ON PROPERTY OWNED BY SOUTH
9 CLIFF HOLDINGS LLC LOCATED 95295 OVERSEAS HIGHWAY,
10 SECTION 13, TOWNSHIP 62, RANGE 38 PART TRACT 6,
11 SOUTHCLIFF ESTATES, K'EY LARGO, APPROXIMATE INULE
12 MARKER 95.5, i[AVING PROPERTY IDENTIFICATION NUNIBER �
13 00483370-000100, AND FOR PROPERTY LOCATED ON LOTS 1 & 2,
14 BLOCK I REVISED PLAT OF SUNRISE POINT, KEY LARGO
15 HAVING PROPERTY IDENTIFICATION NU.iBER(S) 00484390-
16 000000 AND 00484400-000000 AS REQUESTED BY FRANK PLA, c
17 UNTIL OC7'OBER 17,2022 FOR BUILDING PERrNIIT ISSUANCE. 4
is a
19 WHEREAS,the State of Florida and all local so%-crnrncnts in the Florida Keys(each subject to
20 Area of Critical State Concern mandates relating to housing affordability) recognize the need for
21 affordable housing throughout the state and particularly in the Florida Keys where developable land for a
22 housing is extremely limited and expensive;and
23
24 WHEREAS.the challenge of providing affordable housing opportunities in the Florida Keys is
25 one requiring sensible and responsive use of residential unit allocations, including implementation of N
26 long-term preservation mechanisms;and
27 0
28 WHEREAS, due consideration should b given to relevant factors such as the capacity for 0
e
29 allocation recipients to promptly transform allocation awards,reservations into finished and occupied
30 affordableiworlcforce housing units;and
31
32 WHEREAS,Section 138-24(b)(2) of the Monroe County Land Development Code allows
33 the BOCC to authorize: reservations for "specific affordable or employee housing projects
34 participating in a federal/state housinS financial assistance or tax credit program or reeciving some o
35 form of direct financial assistance from the county upon written request from the project sponsor and �.
36 approved by resolution of the Board of County Commissioners,'and
37 0
38 WHEREAS, South Cliff Holdings, LLC are proposing to develop the properties with twenty- �
39 eight(28)affordable employee housing units;and
40
41 WHEREAS, the reservation of affordable housing allocations for the anticipated project does E
42 not exempt the project from applicable requirements for the Monroe County Land Development �
43 Regulations,Building Code and other regulatory requirements.and u
a
t
F?3t:EC8tf?g 314
`2606
Doc.#2390470 Page Number: 20 of 25
r
t�SaC
U
J
1 WHEREAS,South Cliff Holdings,LLC shall obtain all required approvals from the Monroe
2 County Planning&Environmental Resources Department for the project;and 2
3 W
4 WHEREAS, South Cliff Holdings, LLC shall obtain permits for the affordable housing;
5 dwelling units by October 17,2022; if the permit for a reserved ROGO allocation housing unit is not s
6 issued by that time,the allocation%01 revert to the County; 0
7 W
8 NOW, THEREFORE, BE IT RESOLVED BY TIME BOARD OF COUNTY w
9 CO'NOUSSIONERS OF 1•IONROE COUNTY,FLORIDA: e
10
11 Section 1: The foregoing; recitals are true and correct, and are hereby ir:corporated as if m
12 fully set forth herein. ut
13
14 Section z The Monroe County Planning Department shall reserve twenty-eight(2.8)affordable }=
15 ROGO allocations (14 low income and 14 median Income), for the project at 95295 Overseas >
16 Highway,Sectiori 13,Township 62,Range 38 Part Tract 6,Soutitcliff Estates, Key Largo, having
17 Property Identification Number 00483370-000100,and Lots I &2,Block 1 Revised Plat of Sunrise
IS Point Key Largo,have Property Identification Number(s)00484390-000000 and 00484400-000000 0
19 until October 17,2022. w
20 'o
21 Section 3; The developer must obtain the building permits for tite twenty-eight (28)
22 affordable/employee housing on or before October 17,2022. o
23 0
`o
24 Section 4: The developer shall comply with all Monroe County requirements,all applicable q
25 Building Code requirements,and any other oversight agencies. ,
26 °
s
27 Section S; The Planning and Building Department Staff is hereby authorized to process
28 expeditiously permit related applications for the above referenced project when received.
29 Ce
30 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida 0
31 at a regular meeting held on the 15th day of June,2022. O
32 m
33 C3 Mayor David Rice Yos w'
34 c w Mayor Pro Tem Craig Cates Yeti c
35 >= Commissioner Michelle Coldiron Yes 0
36 Commissioner James Scholl Yes l
it,: `" L,-r� C ommis,-ioner Holly Merrill Rascheincl� Vr*R o
38 �j r
39 - BOARD OF COUNTY COMMISSIONERS OF MONROE n
40 Call =; _ COUNTY,FLORIDA
41
42 ``=' Mayor David c
43 (SEAL)
44 ATTEST EVINMADOK,CL?~ a 033R0$GOUH1.YhT70R"EL tr
- , va`p s totta3a:
_ m
45
46 AS PUTY RK
t,
•�w,. 2 Q
packet iy� �z
2607
Doc.#2390470 Page Number: 21 of 25
EXHIBIT E
2 �:
t
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. 265 -2021
9
10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS WAIVING APPROXIMATELY $211,215 IN
12 BUILDING PERMIT FEES FOR A TOTAL OF 28 AFFORDABLE
13 EMPLOYEE HOUSING DWELLING UNITS COMPRISED OF 14 LOW
14 INCOME AND 14 MEDIAN INCOME, OR BELOW, TO BE
15 CONSTRUCTED ON A PARCELS LOCATED AT 95301 OVERSEAS
16 HIGHWAY, ON KEY LARGO, HAVING REAL ESTATE (RE) NUMBERS
17 00483370-000000, 00484390-000000,AND 00484400-000000.
18
19 WHEREAS, on November 18,2009 the Monroe County Board of County Commissioners
20 ("Board") passed and adopted Ordinance 036-2009, allowing building permit fee waivers for
21 entities building low income housing leveraging state or federal funds, or affordable housing as
22 defined by state statutes; and
23 WHEREAS, on February 10, 2010, the Board passed and adopted Ordinance 004-2010,
24 allowing waivers for housing for households up to 120% of median income in Monroe County.
25 Housing exceeding 120% may also apply for a waiver if the specific project for development is
26 being subsidized with or is leveraging state or federal funding; and
27 WHEREAS, on March 17,2021,the Board passed and adopted Resolution No. 116-2021,
28 reserving 28 affordable housing allocations (14 low income and 14 median income) on the subject
29 parcels,until July 17, 2022 for building permit issuance; and
30 WHEREAS, on July 30, 2022 Frank Pla, Authorized Member for Applicant South Cliff
31 Holdings, LLC submitted the Application for Building Permit Fee Waiver. The legislative intent
32 of this Resolution is that the instant waiver shall apply to the building permit applicant of record;
33 and
34 WHEREAS, Monroe County Code Section 6-108(e) allows the Board approval for
35 waivers of building permit fees for affordable housing which have a Development Order in effect.
36 The Applicant of Record is requesting a building permit fee waiver of approximately $211,215 to
37 construct 11 multifamily buildings comprised of 12 one bedroom, one bathroom units; 12 two
Page 1 of 2
n
2608
AF
Doc.#2390470 Page Number: 22 of 25
38 bedroom,two and one-half bathroom units;and four(4)three bedroom,two and one half bathroom
39 units at 95301 Overseas Highway on Key Largo.
40 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
41 COMMISSIONERS OF MONROE COUNTY,FLORIDA,THAT:
42 The foregoing recitals are true and correct and are hereby incorporated as if fully stated
43 herein; and
44 Building permit fees are waived pursuant to Monroe County Code Section 6-108(e) for the
45 multi-family buildings comprising the 28 affordable housing units described herein with the
46 condition that evidence of an Affordable Housing Deed Restriction(s) accepted and/or approved
47 by both the Senior Director of Planning & Environmental Services and the Office of the County
48 Attorney and recorded in the Public Records of Monroe County, Florida shall be provided to the
49 Building Department and said permits are issued no later than July 17, 2022.
50 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
51 Florida, at a regular meeting held on the 18t11 day of August,2021.
52 Mayor Michelle Coldiron Yes
® Mayor Pro Ten:David Rice Yes
�3 Commissioner Craig Cates Yes
s Commissioner Eddie Martinez Yes
s Commissioner Mike Forster Absent
59 T.) BOARD OF COUNTY COMMISSIONERS
60 Attest: KVIN MADOK, Clerk OF MONROE COU �..,
61
62 By BY "U'-fl(],,Ifrjw
63 As DepUy Clerk Mayor Michelle Coldiron
LL
PVTROECOUNTYATCORNEY
C-; t-- Ae Leo* o-as To r• aau
^�, SCULL
ASSISTANT COUNTY ATTORNF.Y
Ln
08/20/21
ZD
Page 2 of 2
A
2609
W
Doc.#2390470 Page Number: 23 of 25
EXHIBIT F
2 d Ti1r r23- :.
4
5 zw'�
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. 201 -2022
9
10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
11 COMMSSIONERS EXTENDING THE WAIVER OF APPROXIMATELY
12 $211,215 IN BUILDING PERMIT FEES FOR A TOTAL OF 28
13 AFFORDABLE EMPLOYEE HOUSING DWELLING UNITS
14 COMPRISED OF 14 LOW INCOME AND 14 MEDIAN INCOME, OR
15 BELOW, TO BE CONSTRUCTED ON A PARCELS LOCATED AT 95301
16 OVERSEAS HIGHWAY,ON KEY LARGO,HAVING REAL ESTATE (RE)
17 NUMBERS 00483370-000000, 00484390-000000, AND 00484400-000000.
18
19 WHEREAS, on November 18, 2009 the Monroe County Board of County Commissioners
20 ("Board") passed and adopted Ordinance 036-2009, allowing building permit fee waivers for
21 entities building low income housing leveraging state or federal funds, or affordable housing as
22 defined by state statutes; and
23 WHEREAS, on February 10, 2010, the Board passed and adopted Ordinance 004-2010,
24 allowing waivers for Housing for households up to 120% of median income in Monroe County.
25 Housing exceeding 120% may also apply for a waiver if the specific project for development is
26 being subsidized with or is leveraging state or federal funding; and
27 WHEREAS,on March 17, 2021, the Board passed and adopted Resolution No. 116-2021,
28 reserving 28 affordable housing allocations (14 low income and 14 median income)on the subject
29 parcels, until July 17, 2022 for building permit issuance; and
30 WHEREAS, on July 30, 2021 Frank Pla, Authorized Member for Applicant South Cliff
31 Holdings, LLC submitted the Application for Building Permit Fee Waiver. The legislative intent
32 of this Resolution is that the instant waiver shall apply to the building permit applicant of record;
33 and
34 WHEREAS, on June 15, 2022, the Board passed and adopted Resolution No. 171-2022,
35 extending the reservation for 28 affordable housing allocations (14 low income and 14 median
36 income) on the subject parcels, until October 17, 2022 for building permit issuance; and
37
Page 1 of 2
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Doc.#2390470 Page Number: 24 of 25
38
39 WHEREAS, Monroe County Code Section 6-108(e) allows the Board approval for
40 waivers of building permit fees for affordable housing which have a Development Order in effect.
41 The Applicant of Record is requesting a building permit fee waiver of approximately$211,215 to
42 construct 11 multifamily buildings comprised of 12 one bedroom, one bathroom units; 12 two
43 bedroom,two and one-half bathroom units;and four(4)three bedroom,two and one half bathroom
44 units at 95301 Overseas Highway on Key Largo.
45 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
46 COMMISSIONERS OF MONROE COUNTY,FLORIDA,THAT:
47 The foregoing recitals are true and correct and are hereby incorporated as if fully stated
48 herein; and
49 Building permit fees are waived pursuant to Monroe County Code Section 6-108(e) for the
50 multi-family buildings comprising the 28 affordable housing units described herein with the
51 condition that evidence of an Affordable Housing Deed Restriction(s) accepted and/or approved
52 by both the Senior Director of Planning & Environmental Services and the Office of the County
53 Attorney and recorded in the Public Records of Monroe County, Florida shall be provided to the
54 Building Department.
55 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
56 Florida, at a regular meeting held on the 20th day of July, 2022.
57 Mayor David Rice Yes
58 �' ' Mayor Pro Tern Craig Cates Yes
59 2 �" Commissioner Michelle Coldiron Yes
60 Commissioner James Scholl Yes
61 Commissioner Holly Merrill Raschein Yes
62
63 •9�..-.f �`�r r
64 (SEA ""'° "'` BOARD OF COUNTY COMMISSIONERS
65 Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA
66 `
67 By ( By
68 CD As DQj.TULy Cler Mayor David Ric
69 J L
.;.
_ •J� MON ROE;COU NTY.ATTORNEY'
APPR.QVEO'M TO FORM:
L�C'
�4. KELLY DUGAN
AssisTANT COUNTY.ATTDRNEY
7 i DATE: JllIy5,2022
70�?
`L Page 2 of 2
k_ A
2611
Doc. #2390470 Page Number: 25 of 25
MONROE COUNTY, FLORIDA
ACCEPTANCE OF
EMPLOYEE HOUSING DEED RESTRICTION
For-Building Permit Applications: 21301890; 21301889; 21301888; 22300472;
22300471; 22300470; 22300469; 22300468; 22300467; 22300466; and
22300465"
In Witness Whereof, Grantee accepts the Employee Housing Deed Restriction granted above
and executes this instrument the date set forth below.
Grantee Monroe County,Florida:
Ff
'Ta >rnr1
First Witness(Print Name) Senior Director,Monroe Cou n ylanning and
Environmental Resources Department(Print
First Witnes ( ignature) Senior Director,Monroe County Planning and
Environmental Resources Department
(Signature)
Second Witness (Print Name) Date(Print)
Approved as to form and sufficiency.
Second Witnes Si nature) ;/PC
STATE OF
COUNTY IC�h Tyson Smith, Esq.
Date: September 7,2622-
Sworn to and subscribed before me, by means of)(physical +presence or❑ online notarization this
1'rn day of 3er4em- ,2aa,by E I I "r
who i personally known to ni OR produced as identification.
Signature of Notary c ;tiaY'o�^.., ALISON J.SMITH
_°: �� Notary Puhlic State of]diCommission N HH 155 P`�,dMy Comm.Expires Jul 1Print, Type or Stamp Commissioned Name of Notary Public Bonded through National Nota
My commission expires: 1
2612
1 =
2 i T 23v
4
5
6 MONROE COUNTY,FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. 265-2021
10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS WAIVING APPROXIMATELY $211,215 IN
12 BUILDING PERMIT FEES FOR A TOTAL OF 28 AFFORDABLE
13 EMPLOYEE HOUSING DWELLING UNITS COMPRISED OF 14 LOW
14 INCOME AND 14 MEDIAN INCOME, OR BELOW, TO BE
15 CONSTRUCTED ON A PARCELS LOCATED AT 95301 OVERSEAS
16 HIGHWAY,ON KEY LARGO, HAVING REAL ESTATE (RE) NUMBERS
17 00483370-000000,00484390-000000,AND 00484400-000000.
18
10 WHEREAS,on November 18,2009 the Monroe County Board of County Commissioners
20 ("Board") passed and adopted Ordinance 036-2009, allowing building permit fee waivers for
21 entities building low income housing leveraging state or federal funds, or affordable housing as
22 defined by state statutes; and
23 WHEREAS, on February 10, 2010, the Board passed and adopted Ordinance 004-2010,
24 allowing waivers for housing for households up to 120% of median income in Monroe County.
25 Housing exceeding 120% may also apply for a waiver if the specific project for development is
26 being subsidized with or is leveraging state or federal funding; and
27 WHEREAS, on March 17,2021,the Board passed and adopted Resolution No. 116-2021,
28 reserving 28 affordable housing allocations (14 low income and 14 median income) on the subject
2� parcels,until July 17,2022 for building permit issuance; and
30 WHEREAS, on July 30, 2022 Frank Pla, Authorized Member for Applicant South Cliff
31 Holdings, LLC submitted the Application for Building Permit Fee Waiver. The Iegislative intent
32 of this Resolution is that the instant waiver shall apply to the building permit applicant of record;
33 and
34 WHEREAS, Monroe County Code Section 6-108(e) allows the Board approval for
35 waivers of building permit fees for affordable housing which have a Development Order in effect.
36 The Applicant of Record is requesting a building permit fee waiver of approximately $211,215 to
37 ponstruct 11 multifamily buildings comprised of 12 one bedroom, one bathroom units; 12 two
Page 1 of 2
2613
38 bedroom,two and one-half bathroom units;and four(4)three bedroom,two and one half bathroom
��39 �i-units at 95301 Overseas Highway on Key Largo.
'40 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
41 COMMISSIONERS OF MONROE COUNTY,FLORIDA,THAT:
42 The foregoing recitals are true and correct and are hereby incorporated as if fully stated
43 herein;and
44 Building permit fees are waived pursuant to Monroe County Code Section 6-108(e)for the
45 multi-family buildings comprising the 28 affordable housing units described herein with the
46 condition that evidence of an Affordable Housing Deed Restriction(s) accepted and/or approved
47 by both the Senior Director of Planning & Environmental Services and the Office of the County
,2,, 4O k,,,Attorney and recorded in the Public Records of Monroe County, Florida shall be provided to the
49 Building Department and said permits are issued no later than July 17,2022.
50 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
51 Florida,at a regular meeting held on the 18t' day of August,2021.
52 Mayor Michelle Coldiron = Yes_
®� Mayor Pro Ten:David Rice Yes
3 Commissioner Craig Cates Yes
s Commissioner Eddie Martinez Yes
= Commissioner Mike Forster Absent
BOARD OF COUNTY COMMISSIONERS
60 Attest: WVIN MADOK, Clerk OF MONROE CO _
61
62 By t� BY NZ
63 As DepUy Clerk Mayor Michelle Coldiron
= Q .I
!" — LL_
�-- NOTROE COUNTY ATTORNEY
RM,
g - W Y'
^., .SCULL
A551S7A\T COUNTY ATTS11L1FT'
08/20/21
_ L..
i�
k
Page 2 of 2
j
{' 2614
F
11
1 rw w„yd ri
2 RESOLUTION NO. 171 -2022
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION EXTENSION
6 OF TWENTY-EIGHT (28)AFFORDABLE ROGO ALLOCATIONS (14
7 LOW INCOME AND 14 MEDIAN) FOR PROPOSED EMPLOYEE
8 HOUSING DWELLING UNITS ON PROPERTY OWNED BY SOUTH
9 CLIFF HOLDINGS LLC LOCATED 95295 OVERSEAS HIGHWAY,
10 SECTION 13, TOWNSHIP 62, RANGE 38 PART TRACT 6,
11 SOUTHCLIFF ESTATES, KEY LARGO, APPROXIMATE MILE
12 MARKER 95.5, HAVING PROPERTY IDENTIFICATION NUMBER
13 00483370-000100, AND FOR PROPERTY LOCATED ON LOTS 1 & 2,
14 BLOCK 1 REVISED PLAT OF SUNRISE POINT, KEY LARGO
15 HAVING PROPERTY IDENTIFICATION NUMBER(S) 00484390-
16 000000 AND 00484400-000000 AS REQUESTED BY FRANK PLA,
17 UNTIL OCTOBER 17, 2022 FOR BUILDING PERMIT ISSUANCE.
18
19 WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject to
20 Area of Critical State Concern mandates relating to housing affordability) recognize the need for
21 affordable housing throughout the state and particularly in the Florida Keys where developable land for
22 housing is extremely limited and expensive; and
23
24 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is
25 one requiring sensible and responsive use of residential unit allocations, including implementation of
26 long-term preservation mechanisms; and
27
28 WHEREAS, due consideration should be given to relevant factors such as the capacity for
29 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
30 affordable/workforce housing units; and
31
32 WHEREAS, Section 138-24(b)(2) of the Monroe County Land Development Code allows
33 the BOCC to authorize reservations for "specific affordable or employee housing projects
34 participating in a federal/state housing financial assistance or tax credit program or receiving some
35 form of direct financial assistance from the county upon written request from the project sponsor and
36 approved by resolution of the Board of County Commissioners," and
37
38 WHEREAS, South Cliff Holdings, LLC are proposing to develop the properties with twenty-
39 eight(28) affordable employee housing units; and
40
41 WHEREAS, the reservation of affordable housing allocations for the anticipated project does
42 not exempt the project from applicable requirements for the Monroe County Land Development
43 Regulations, Building Code and other regulatory requirements; and
1
2615
1 WHEREAS, South Cliff Holdings, LLC shall obtain all required approvals from the Monroe
2 County Planning&Environmental Resources Department for the project; and
3
4 WHEREAS, South Cliff Holdings, LLC shall obtain permits for the affordable housing
5 dwelling units by October 17, 2022; if the permit for a reserved ROGO allocation housing unit is not
6 issued by that time,the allocation will revert to the County;
7
8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
9 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
10
11 Section 1: The foregoing recitals are true and correct, and are hereby incorporated as if
12 fully set forth herein.
13
14 Section 2: The Monroe County Planning Department shall reserve twenty-eight(28) affordable
15 ROGO allocations (14 low income and 14 median income), for the project at 95295 Overseas
16 Highway, Section 13, Township 62, Range 38 Part Tract 6, Southcliff Estates, Key Largo, having
17 Property Identification Number 00483370-000100, and Lots 1 &2, Block 1 Revised Plat of Sunrise
18 Point Key Largo, have Property Identification Number(s) 00484390-000000 and 00484400-000000
19 until October 17,2022.
20
21 Section 3: The developer must obtain the building permits for the twenty-eight (28)
22 affordable/employee housing on or before October 17,2022.
23
24 Section 4: The developer shall comply with all Monroe County requirements, all applicable
25 Building Code requirements, and any other oversight agencies.
26
27 Section 5: The Planning and Building Department Staff is hereby authorized to process
28 expeditiously permit related applications for the above referenced project when received.
29
30 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
31 at a regular meeting held on the 15th day of June,2022.
32
33 ,, CY Mayor David Rice Yes
34 Mayor Pro Tern Craig Cates Yes
35 Commissioner Michelle Coldiron Yes
36 J' Commissioner James Scholl Yes
37 , . L;, Commissioner Holly Merrill Raschein Yes
38
39 `" — BOARD OF COUNTY COMMISSIONERS OF MONROE
401 COUNTY,FLORIDA
41
42 '- .��� ' `�°�� ayor David Ri
43 (SEAL) ,g 23
44 ATTEST: KEVIN MADOK CLE QNROE=UNTYATTORNEY
45 AP VED S O,F_ORM
e
-5131
46 AS PUTY ERK 10
1 - _
4�a @oP. Itl SN;.d 2
2616
Dare:#2316567 Bk#3093 lP,-#365
Recorded 4l2912021 9:03 AM Page 1 of r t
Tiled and Recorded in Official Records o
1
"41
Ln / B IN6 h
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6 MONROE COUNTY, FLORIDA
7 PLANNING COMMISSION RESOLUTION NO. PO4-2I
7�
0 9 A I ESOLU'11ON BY THE 1' ONROE COUNTY PLANNING COMMISSION
10 A13PR.OVING TI-IE REQUEST BY 1 FRANK PLA AS AGENT FOR ALICE
1.1 RIEI-IL LIVING °1I.1 UST, ARM NDO AND MARIA C. CA:BRE-. A FOR A
0 12 MAJOR CONDITIONAL USE PERMIT FOR THE PROPOSED
13 DEVELOPMENT OF 28 ATTACHED R,E;SIDENTIAI:., DWELLINGS
14 DESIGNATED AS EMPLOYEE HOUSING, ON PROPERTY LOCATED AT
15 95301 OVERSEAS HIGHWAY, KEY LARGO, LEGALLY DESCRIBED AS
1~ 16 THE NORTFIWESTER.LY 720 FEET OF A POR110N OF TRACT 6,
17 S UT14CLIFF ESTATES (PLAT BOOK 2, PAGE 45) AND LOTS I AND 2,
7� 18 BLOCK 1, REVISED PLAT OF SUNRISE POINT (PLAT BOOK 3, PAGE 11),
19 KEY LARGO, MONROE COUNTY, FLORIDA AND HAVING PARCEL
0
20 IDENTIFICATION NUMBERS 00483370-000000, 004 4390-000000 AND
21 004 4400-000(00,
N 22
a 23
0 24 WHEREAS, during a regularly scheduled public meeting held on February 24, 2021, the
Z 25 Monroe County Planning Commission conducted a review and consideration of a request filed
0 26 by Frank. Pla as authorized agent for Alice R.iehl Living Trust, Armando and Maria C. Cabrera.
27 for approval of an affordable housing project consisting of greater than 20 units for a Mai
ou
28 Conditional Use Permit (the 66Ma or CUP"') in accordance with Sections 110-70 and 130-93(c)(9)
r-4 29 of the Monroe County Land Development Code (LDC;); and
a 30
-a 31 WHEREAS, the subject property is located at 95301 Overseas. Highway, Ivey Largo,
32 approximate mile marker 95.3 ocean side, and is legally described as the Northwesterly 720 feet
33 of` a Portion of Tract 6, Southcliff Estates (Plat Book 2, Page 45) and :Lots I and 2. Block 1,
34 Revised. Plat of Sunrise Point (Plat. Book 3, Page 11), Ivey Largo, Monroe County, Florida,
35 having Parcel Id Numbers 004 3370-000000, 004 4390-000000 and 004 4400-000000; and
36
37 WHEREAS, on December 15, 2020, tle applicationwas reviewed by tllc Development
38 Review Committee at a noticed public meeting and staff provided comments; and
39
40 WHEREAS, on February 24, 20�21, the Planning Commission held a public hearing to
41 consider the application .and take public input, and.
42
43 WHEREAS, the Planning Commission was presented with file following docuinents and.
44 other information relevant to the request, which by reference is hereby incorporated as part of the
45 record of said hearing:
46
Planning Commission Resolution No.PO4-21
Pile 4 2020-1.341 Major Conditional Use Permit Page 1 of 2617
47 1. Major Conditional Use Permit application (File # 2020-130), received by the Monroe
48 County Planning & Environmental Resources Department on October 2,2020;
49 2. Title Page (T-1), signed and sealed 7/10/202020 by Daryle L. Osborn, P.E.
50 3. Site Plan (C-1), signed and sealed 7/10/2020 by Daryle L. Osborn,P.E.
51 4. Site Improvement Plan (SI-1), signed and sealed 1/21/2021 by Daryle L. Osborn, P.E.
52 5. Landscape Plan (L-1)signed and sealed 1/7/2021 by Daryle L. Osborn, P.E.
53 6. Stormwater Site Plan (SW-1), signed and sealed 1/21/2021 by Daryle L. Osborn, P.E.
54 7, Building Type "A"Floor Plans (A-1), signed and sealed 7/10/2020 by Daryle L. Osborn,
55 P.E.
56 8, Building Type"B" Floor Plans (A-2), signed and sealed 7/10/2020 by Daryle L. Osborn,
57 P.E.
58 9. Building Type "C"FIoor Plans (A-3), signed and sealed 7/10/2020 by Daryle L. Osborn,
59 P.E.
60 10. Office/Cabana Floor Plans(A-4),signed and sealed 7/10/2020 by Daryle L. Osborn,P.E.
61 11. Building Type"A" & `B"Elevation Plans (A-5), signed and sealed 7/10/2020 by Daryle
62 L. Osborn,P.E.
63 12. Building Type"C"& Office/Cabana EIevation Plans (A-6), signed and sealed 7/10/2020
64 by DaryIe L. Osborn,P.E.
65 13. Photometric Plan(S-1), signed and sealed 1/7/2021 by Daryle L. Osborn,RE
66 14. Dumpster Enclosure Structural Plan (S-1), signed and sealed 7/10/2021 by Daryle L.
67 Osborn, P.E.
68 15. Map of Boundary Survey by Eugenia L. Formoso, P.S.M. of FormTech Land
69 Surveying, Inc. signed and sealed 1/12/2017.
70 16. Traffic Impact Statement by KBP Consulting, Inc., signed by Karl B. Peterson P. E.
71 dated July 1, 2020.
72 17. Staff memorandums prepared by Brad Stein, Planning and Development Review
73 Manager, and Michael Roberts, CEP,PWS, Assistant Director/Environmental
74 Resources, dated February 12, 2021;
75 18. Sworn testimony of Monroe County Planning & Environmental Resources
76 Department staff;
77 19. Sworn testimony of Frank Pla, authorized agent on behalf of the Applicant; and
78 20. Advice and counsel of Peter Morris, Assistant County Attorney, and Thomas D.
79 Wright, Planning Commission Counsel; and
80
81 WHEREAS, based on public input and discussion by the Planning Commission, the
82 Planning Commission requested additional conditions related to landscaping and to restricted
83 turning movements at the driveway of the development; and
84
85 WHEREAS, based upon the information and documentation submitted, the Planning
86 Commission makes the following Findings of Fact and Conclusions of Law:
87
88 1. The subject property is located the Suburban Commercial (SC) Land Use (Zoning)
89 District; and
90
91 2. The subject property is located the Mixed Use/Commercial (MC) Future Land Use
92 Map (FLUM) category; and
93
Planning Commission Resolution No.PO4-21
File 4 2020-130 Major Conditional Use Permit Page 2 of 7 2618
94 3. The subject property is located within an area designed Tier III (Infill Area); and
95
96 4. Pursuant to LDC Section 130-93(c)(9), the proposed development shall require a
97 major conditional use permit; and
98
99 5. LDC Section 110-67 provides the standards which are applicable to all conditional
100 uses. When considering applications for a conditional use permit, the Planning
101 Commission shall consider the extent to which:
102 (a) The conditional use is consistent with the purposes, goals, objectives and standards of the
103 Monroe County Year 2030 Comprehensive Plan and Monroe County LDC;and
104 (b) The conditional use is consistent with the community character of the immediate vicinity
105 of the parcel proposed for development; and
106 (c) The design of the proposed development minimizes adverse effects, including visual
107 impacts,or the proposed use on adjacent properties; and
108 (d) The proposed use will have an adverse effect on the value of surrounding properties; and
109 (e) The adequacy of public facilities and services, including but not limited to roadways, park
110 facilities, police and fire protection, hospital and Medicare services, disaster preparedness
III program, drainage systems, refuse disposal, water and sewers, judged according to
112 standards from and specifically modified by the public facilities capital improvements
113 adopted in the annual report required by the LDC;and
114 (f) The applicant for conditional use approval has the financial and technical capacity to
115 complete the development as proposed and has made adequate legal provision to
116 guarantee the provision and development of any open space and other improvements
117 associated with the proposed development; and
118 (g) The development will adversely affect a known archaeological, historical or cultural
119 resource; and
120 (h) Public access to public beaches and other waterfront areas is preserved as a part of the
121 proposed development; and
122 (i) The proposed use complies with all additional standards imposed on it by the particular
123 provision of the LDC authorizing such use and by all other applicable requirements of the
124 Monroe County Code; and
125
126 6. The proposed development is consistent with the Monroe County Code; and
127
128 7. The proposed development is consistent with the Monroe County Comprehensive Plan; and
129
130 8. The proposed development is consistent with the Key Largo Community Master Plan, also
131 known as the Key Largo Livable CommuniKeys Plan; and
132
133 9. The proposed development is consistent with the Principles for Guiding Development in the
134 Florida Keys Area of Critical State Concern; and
135
136 WHEREAS, pursuant to Section 139-1(a)(6)h. of the Monroe County Land Development Code
137 (LDC), affordable housing projects shall be no greater than 20 units unless approved by resolution of the
138 Planning Commission; and
139
140 WHEREAS, the Planning Commission previously adopted Resolution 26-17 at a regularly
141 scheduled public meeting June 28, 2017, approving the development of more than 20 units of affordable
142 housing on the subject property; and
143
Planning Commission Resolution No.PO4-21
File#2020-130 Major Conditional Use Permit Page 3 of 7 2619
144 WHEREAS, pursuant to LDC Section 110-6(c)(6), in the event of written protests against a
145 proposed major conditional use development order signed by the real property owners of 20 percent or
146 more of the people required to be noticed in LDC Section 110-5(d), such application shall not be
147 approved except by the concurring vote of at least four commissioners before the full [Planning]
148 Commission; and
149
150 WHEREAS, out of 137 real property owners within the 600-foot radius required to be
151 noticed, 31 owners (22.6%) submitted a complete written protest against the proposed Major
152 CUP and therefore the concurring vote of at least four commissioners is required for approval;
153
154 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
I55 MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law
156 support its decision to APPROVE the Major Conditional Use Permit pursuant to Sections 130-
157 93 and 110-70, and the requirement that the Planning Commission approve by resolution
158 affordable housing projects of greater than 20 units pursuant to Section 139-1(a)(6)h, as
159 requested by Frank Pla on behalf of Alice Rich] Living Trust, and Armando and Maria C.
160 Cabrera, with the following conditions:
161
162 1. Prior to the issuance of building permits for each building, the applicant shall obtain
163 Residential ROGO allocation awards for the new employee housing dwelling units,
164 pursuant to LDC Chapter 138,Article II.
165
166 2. Prior to a final Planning inspection for site work on the property, opaque fencing shall be
167 installed (with appropriate building permit(s)) along the northeast property line and side
168 property line between the development and Lot 3 on Snapper Lane.
169
170 3. The traffic control measures depicted on Sheet SI-1, dated January 21, 2021, that direct
171 vehicles exiting the development to turn right only, directly towards US1, shall be
172 implemented and maintained.
173
174 4. At the time of building permit, the applicant shall provide updated landscape plans that
175 include additional Iandscaping, at a CIass D buffer standard, that fills in any gaps in the
176 existing hammock within 18 feet of the southwest property Iine adjacent to Lots 3-12.
177
178 5. At the time of building permit application, if allowed by law and relevant regulations, the
179 applicant shall provide an updated design for the driveway onto Snapper Lane, which
180 includes a raised curb within the driveway that only allows residents exiting the proposed
181 development to turn right onto Snapper Lane, towards US], and impedes left turns onto
182 Snapper Lane into the Sunrise Point neighborhood. The applicant shall coordinate with
183 Monroe County Engineering, the office of the Fire Marshal, and other entities as needed;
184 and the applicant may be responsible for stormwater management and/or other
185 improvements as necessary.
186
187 6. Prior to commencement of construction on the site, a substantial fence (board on board
188 wood fence, properly installed chain link, etc.) shall be placed along the edge of the
189 internal roadway and shall remain for the full duration of construction. If the hammock
Planning Commission Resolution No.PO4-21
File#2020-130 Major Conditional Use Permit Page 4 of 7 2620
190 successfully remains unimpacted during construction, it may counted as part of the
191 required conservation easement area.
192
193 7. Before a certificate of occupancy or final inspection approval may be issued for any
194 structure, portion, or phase of a project subject to this chapter, a grant of conservation
195 easement running in favor of the County shall be approved by the Planning Director and
196 the County Attorney and recorded in the official public records of the County.
197
198 8. Mitigation in accordance with LDC Chapter 118-8 shall be required prior to permit
199 issuance.
200
201 9. Employee housing dwelling units are restricted to households meeting the income and
202 employment requirements of LDC Section 13 9-1(a)(6)b. Except as provided for under the
203 special provisions for employer-owned rental housing as set forth under subsection
204 (a)(6)k of this section, if the affordable housing dwelling unit is designed for employee
205 housing, the use of the dwelling is restricted to households that derive at least 70 percent
206 of their household income from gainful employment in the county and meet the adjusted
207 gross annual income limits for median income as defined in Section 101-1. The required
208 restrictive covenants for employee housing must be approved by the Planning Director
209 and the County Attorney prior to recording and prior to issuance of any building permit,
210 pursuant to LDC Section 139-1(f)(1).
211
212 10. The leasing/management office and cabana building is accessory to the principal
213 residential use and shall not be used for other purposes or open to the general public.
214
215 11. A major conditional use permit is not a final approval for certain development. The
216 applicant shall obtain building permits for any improvement requiring such an approval.
217
218 12. The scope of work has not been reviewed for compliance with Florida Building Code.
219 Prior to the issuance of Building Permits, new development and structures shall be found
220 in compliance by the Monroe County Building Department, Floodplain Administrator,
221 and the Office of the Fire Marshal.
222
223 I3. The Public Works Division shall review any proposed work within County public rights-
224 of-way and the Division maintains the right to request revisions as it carries out its review
225 of any application for an access permit. It is the responsibility of the applicant to obtain
226 all required permits before starting work.
227
228
229
230
231 ***************Remainder of page intentionally left blank***************
232
233
234
235
PIanning Commission Resolution No.PO4-21
File 9 2020-130 Major Conditional Use Permit Page 5 of 7 2621
236 PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
237 Florida, at a regular meeting held on the 24"' day of February, 2021.
238
239 Joe Scarpelli, Chair YES
240 Ron Demes, Conumssioner YES
241 George NeUgent, Commissioner YES
242 William Matt, Commissioner YES
243 David Ritz, Commissioner YES
244
245
246 PLANNING COMMISSIO OF M ONROE COUNTY, FLORIDA
247 1/1)
248 13 y
249 —()Ijoe6Carp' elli, hair
250
N
ha
251 Signed this day of 2021
252
ILZE AGUILA
253
Notary Pub0c-State of Florida
254 Commission#HH 030716
my Comm,Expires Oct 31,2024
255 Bonded through National Notary Assn. NOTART Pt' LIC, STATE OF F1,0RIDA
256
257 Monroe County Planning Commission Attorney
258 Approved As To Form
259 FILED Wi'17H ""rHE
260
261
. ..........
262 Thomas D. Wright VAR it 221
26,3 Date: 4L el, Zc?e?l
...........
264
265
266 A(,.'-N, ENC6" Y` (.%#tERK
267
268
269
270
271
272
273
274
27'5
276
277
278
279
280
281
282
Planning Commission Resolution No. PO4-21 2622
File 4 2020-130 M+ jor Conditional Use Permit Paize 6 of 7
283 NOTICE
284
285 Section 110-73(a) of the Monroe County Land Development Code states that a conditional use
286 approval shall not be transferred to a successive owner without notification to the Planning
287 Director within 60 days of the transfer.
288
289 Pursuant to LDC Section 110-73(a)(1), all required building permits and certificates of occupancy
290 and/or certificates of completion shall be procured within three (3) years of the date on which the
291 major conditional use approval is recorded and filed in the official records of Monroe County, or
292 the major conditional use approval shall become null and void with no further action required by
293 the county. Approval time frames do not change with successive owners. Extensions of time to a
294 major conditional use approval may be granted only by the Planning Commission for periods not
295 to exceed two (2) years, unless otherwise specified. Applications for extensions shall be made
296 prior to the expiration dates. Extensions to expired major conditional use approvals shall be
297 accomplished only by re-application for the major conditional uses. When a hearing officer has
298 ordered a conditional use approval initially denied by the Planning Commission, the Planning
299 Commission shall nonetheless have the authority to grant or deny a time extension under this
300 section. If the Planning Commission denies a time extension, the holder of the conditional use
301 may request an appeal of that decision under chapter 102, article VI by filing the notice required
302 by that article within 30 days of the written denial of the Planning Commission.
303
304 This instrument shall not take effect for 30 days following the date in which the document is
305 signed by the Chairman of the Planning Commission. During these 30 days, this instrument shall
306 be subject to appeal as provided in LDC Section 102-185. Such an appeal stays the effectiveness
307 of this instrument until the appeal is resolved by agreement or order. In addition, please be
308 advised that this instrument shall not take effect for 45 days following its rendition to the Florida
309 Department of Economic Opportunity. During these 45 days, the Florida Department of
310 Economic Opportunity may appeal this instrument. Such an appeal stays the effectiveness of this
311 instrument until the appeal is resolved by agreement or order.
312
313 If this development order is appealed under Monroe County Code or by the Florida Department of
314 Economic Opportunity, the above time limits shall be tolled until the appeals are resolved.
Planning Commission Resolution No.PO4-21 2623
File#2020-130 Major Conditional Use Permit Page 7 of 7
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KEY L R_m,w, FLOR DA � ���� 2627
County of Monroe
Planning&Environmental Resources Department Board of County Commissioners:
Marathon Government Center ,,I i� � Mayor Holly Merrill Raschein,District 5
2798 Overseas Highway,Suite 400 fix" Mayor Pro Tern James K.Scholl,District 3
Marathon,FL 33050 �` �� �� Craig Cates,District 1
Voice: (305)289-2500 ' „� -�'
Michelle Lincoln,District 2
FAX: 305 289-2536 David Rice,District 4
( )
We strive to be caring,professional,and fair
September 05,2024
Frank Pla
1527 Shaw Drive
Key Largo, Florida 33037
Re: Request for Time Extension (File#2023-248 Hurricane Ian) per Executive Orders 22-218 &22-219 (Ian)
and F.S.252.363 to Major Conditional Use Permit(File#2020-130).
Dear Mr.Pla,
This letter is in response to your request for Executive Order (EO) time extensions to the Major Conditional Use Permit
approved by Planning Commission Resolution No. PO4-21 (File 92020-130). Pursuant to F.S. 252.363 the County can
accept a request for an extension granted under F.S. 252.363 and EO 22-218 & 22-219. The notification of intent to
exercise the extension granted under these EOs and granted under FS 252.363 must be received by the County no later
than 90 days following the termination of the emergency order. Your request was submitted on October 16, 2023.
As of the date of this letter, the improvements approved under the Major Conditional Use Permit have not been
completed. Pursuant to Planning Commission Resolution No.PO4-21,which approved the Major Conditional Use Permit,
the expiration for development was April 29, 2024. Staff has reviewed your request and found that it was submitted on
time and in accordance with the provisions of F.S. 252.363 and EO Numbers 22-218, 22-219, 22-268, 23-21, 23-60, 23-
104,23-139, 23-176, 23-214, 24-02, 24-36, 24-80, 24-137 & 24-174. Per Florida Statute 252.363, the emergency
declaration extends the period for 24 months and tolling for each natural emergency, but the extended period to exercise
the rights under a permit or other authorization may not exceed 48 months in total in the event of multiple natural
emergencies for which the Governor declares a state of emergency. Therefore, the new expiration date for this Major
Conditional Use Permit will be April 29, 2028. All certificates of occupancy and certificates of completion associated
with the scope of work of the Major Conditional Use Permit shall be acquired by this date unless an additional time
extension is granted.
I trust that this information is of assistance. If you have any questions regarding the contents of this letter, or if we may
further assist you with your project,please feel free to contact the Department's Marathon office at(305)289-2500.
Sincerely,
Emily Schemper, AICP, CFM
Senior Director of Planning & Environmental Resources
Time Extension Request File#2023-248 Hurricane Ian,to Major Conditional Use Permit(File#2020-130) 2628
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20241456er
1
2 An act relating to counties designated as areas of
3 critical state concern; amending s . 380 . 0552, F. S . ;
4 adding certain requirements to local comprehensive
5 plans relating to a hurricane evacuation study;
6 amending s . 380 . 0666, F. S . ; revising the powers of the
7 land authority; providing requirements for conveying
8 affordable housing homeownership units; providing lien
9 status prioritization for certain purposes; amending
10 s . 420 . 9075, F. S . ; excluding land designated as an
11 area of critical state concern within a specified
12 timeframe from award requirements made to specified
13 sponsors or persons for the purpose of providing
14 eligible housing as a part of a local housing
15 assistance plan; providing for expiration and
16 retroactive applicability; authorizing counties that
17 have been designated as areas of critical state
18 concern to use specified tourist development tax and
19 tourist impact tax revenue for affordable housing for
20 certain employees; requiring that housing financed
21 with such funds maintain its affordable housing status
22 for a specified timeframe; requiring that the
23 expenditure of certain funds be subject to approval by
24 a majority vote of the board of county commissioners
25 of an eligible county; defining the term "accumulated
26 surplus"; providing an effective date .
27
28 Be It Enacted by the Legislature of the State of Florida:
29
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30 Section 1 . Paragraph (a) of subsection (9) of section
31 380 . 0552, Florida Statutes, is amended to read:
32 380 . 0552 Florida Keys Area; protection and designation as
33 area of critical state concern.-
34 (9) MODIFICATION TO PLANS AND REGULATIONS .-
35 (a) Any land development regulation or element of a local
36 comprehensive plan in the Florida Keys Area may be enacted,
37 amended, or rescinded by a local government, but the enactment,
38 amendment, or rescission becomes effective only upon approval by
39 the state land planning agency. The state land planning agency
40 shall review the proposed change to determine if it is in
41 compliance with the principles for guiding development specified
42 in chapter 27F-8, Florida Administrative Code, as amended
43 effective August 23, 1984, and must approve or reject the
44 requested changes within 60 days after receipt . Amendments to
45 local comprehensive plans in the Florida Keys Area must also be
46 reviewed for compliance with the following:
47 1 . Construction schedules and detailed capital financing
48 plans for wastewater management improvements in the annually
49 adopted capital improvements element, and standards for the
50 construction of wastewater treatment and disposal facilities or
51 collection systems that meet or exceed the criteria in s .
52 403 . 086 (11) for wastewater treatment and disposal facilities or
53 s . 381 . 0065 (4) (1) for onsite sewage treatment and disposal
54 systems .
55 2 . Goals, objectives, and policies to protect public safety and
56 welfare in the event of a natural disaster by maintaining a
57 hurricane evacuation clearance time for permanent residents of
58 no more than 24 hours . The hurricane evacuation clearance time
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59 shall be determined by a hurricane evacuation study conducted in
60 accordance with a professionally accepted methodology and
61 approved by the state land planning agency. For purposes of
62 hurricane evacuation clearance time :
63 a. Mobile home residents are not considered permanent
64 residents .
65 b. The City of Key West Area of Critical State Concern
66 established by chapter 28-36, Florida Administrative Code, shall
67 be included in the hurricane evacuation study and is subject to
68 the evacuation requirements of this subsection.
69 Section 2 . Subsection (14) is added to section 380 . 0666,
70 Florida Statutes, to read:
71 380 . 0666 Powers of land authority.—The land authority shall
72 have all the powers necessary or convenient to carry out and
73 effectuate the purposes and provisions of this act, including
74 the following powers, which are in addition to all other powers
75 granted by other provisions of this act :
76 (14) For affordable housing homeownership units, to require
77 compliance with the income requirements under paragraph (3) (a)
78 at the time of conveyance each time a unit is conveyed. The
79 original land authority funding or contribution shall be
80 memorialized in a recordable perpetual deed restriction. If the
81 purchase receives state or federal funding and that state or
82 federal funding program requires a priority lien position over
83 the land authority deed restriction, the land authority funding
84 or contribution may be subordinate to a first purchase money
85 mortgage and the state or federal funding lien.
86 Section 3 . Paragraph (g) of subsection (5) of section
87 420 . 9075, Florida Statutes, is amended to read:
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88 420 . 9075 Local housing assistance plans; partnerships .-
89 (5) The following criteria apply to awards made to eligible
90 sponsors or eligible persons for the purpose of providing
91 eligible housing:
92 (g) l . All units constructed, rehabilitated, or otherwise
93 assisted with the funds provided from the local housing
94 assistance trust fund must be occupied by very-low-income
95 persons, low-income persons, and moderate-income persons except
96 as otherwise provided in this section.
97 2 . a. At least 30 percent of the funds deposited into the
98 local housing assistance trust fund must be reserved for awards
99 to very-low-income persons or eligible sponsors who will serve
100 very-low-income persons, and at least an additional 30 percent
101 of the funds deposited into the local housing assistance trust
102 fund must be reserved for awards to low-income persons or
103 eligible sponsors who will serve low-income persons .
104 b. This subparagraph does not apply to a county or an
105 eligible municipality that includes or has included within the
106 previous 5 years an area of critical state concern designated by
107 the Legislature for which the Legislature has declared its
108 intent to provide affordable housing. This sub-subparagraph
109 expires on July 1, 2029, and applies retroactively.
110 Section 4 . (1) A county that has been designated as an area
111 of critical state concern by law or by action of the
112 Administration Commission pursuant to s . 380 . 05, Florida
113 Statutes, and that levies a tourist development tax pursuant to
114 s . 125 . 0104, Florida Statutes, and a tourist impact tax pursuant
115 to s . 125 . 0108, Florida Statutes, may use any accumulated
116 surplus from such taxes collected through September 30, 2024,
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117 not to exceed $35 million, whether held by the county directly
118 or by a land authority in the county created pursuant to s .
119 380 . 0663, Florida Statutes, for the purpose of providing housing
120 that is :
121 (a) Affordable, as defined in s . 420 . 0004, Florida
122 Statutes; and
123 (b) Available to employees of private sector tourism-
124 related businesses in the county.
125 (2) Any housing financed with funds from the surplus
126 described in subsection (1) may be used only to provide housing
127 that is affordable, as defined in s . 420 . 0004, Florida Statutes,
128 for a period of no less than 99 years .
129 (3) Expenditure of such funds is subject to approval by a
130 majority vote of the board of county commissioners for any such
131 county designated as an area of critical state concern.
132 (4) For purposes of this section, the term "accumulated
133 surplus" means the accumulated excess of revenue over
134 expenditure from prior years which has not been set aside for a
135 specific purpose .
136 Section 5 . This act shall take effect July 1, 2024 .
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The 2024 Florida Statutes (including 2025 Special Session C)
rlt.le XXX Clll[im pteir 420 View Clllli�qpteiiir.
SOCIAL WELFARE HOUSING
420.0004 Definitions.—As used in this part, unless the context otherwise indicates:
(1) "Adjusted for family size" means adjusted in a manner which results in an income
eligibility level which is lower for households with fewer than four people, or higher for
households with more than four people, than the base income eligibility determined as
provided in subsection (9), subsection (11), subsection (12), or subsection (17), based
upon a formula as established by the United States Department of Housing and Urban
Development.
(2) "Adjusted gross income" means all wages, assets, regular cash or noncash
contributions or gifts from persons outside the household, and such other resources
and benefits as may be determined to be income by the United States Department of
Housing and Urban Development, adjusted for family size, less deductions allowable
under s. 62 of the Internal Revenue Code.
(3) "Affordable" means that monthly rents or monthly mortgage payments including
taxes, insurance, and utilities do not exceed 30 percent of that amount which
represents the percentage of the median adjusted gross annual income for the
households as indicated in subsection (9), subsection (11), subsection (12), or
subsection (17).
(4) "Corporation" means the Florida Housing Finance Corporation.
(5) "Community-based organization"or"nonprofit organization" means a private
corporation organized under chapter 617 to assist in the provision of housing and
related services on a not-for-profit basis and which is acceptable to federal and state
agencies and financial institutions as a sponsor of low-income housing.
(6) "Department" means the Department of Commerce.
(7) "Disabling condition" means a diagnosable substance abuse disorder, serious
mental illness, developmental disability, or chronic physical illness or disability, or the
co-occurrence of two or more of these conditions, and a determination that the
condition is:
(a) Expected to be of long-continued and indefinite duration; and
2634
(b) Not expected to impair the ability of the person with special needs to live
independently with appropriate supports.
(8) "Elderly" describes persons 62 years of age or older.
(9) "Extremely-low-income persons" means one or more natural persons or a family
whose total annual household income does not exceed 30 percent of the median
annual adjusted gross income for households within the state. The Florida Housing
Finance Corporation may adjust this amount annually by rule to provide that in lower
income counties, extremely low income may exceed 30 percent of area median income
and that in higher income counties, extremely low income may be less than 30 percent
of area median income.
(10) "Local public body" means any county, municipality, or other political
subdivision, or any housing authority as provided by chapter 421,which is eligible to
sponsor or develop housing for farmworkers and very-low-income and low-income
persons within its jurisdiction.
(11) "Low-income persons" means one or more natural persons or a family, the total
annual adjusted gross household income of which does not exceed 80 percent of the
median annual adjusted gross income for households within the state, or 80 percent of
the median annual adjusted gross income for households within the metropolitan
statistical area (MSA) or, if not within an MSA, within the county in which the person or
family resides, whichever is greater.
(12) "Moderate-income persons" means one or more natural persons or a family, the
total annual adjusted gross household income of which is less than 120 percent of the
median annual adjusted gross income for households within the state, or 120 percent
of the median annual adjusted gross income for households within the metropolitan
statistical area (MSA) or, if not within an MSA, within the county in which the person or
family resides, whichever is greater.
(13) "Person with special needs" means an adult person requiring independent living
services in order to maintain housing or develop independent living skills and who has a
disabling condition; a young adult formerly in foster care who is eligible for services
under s. 09. 1 .51(5); a survivor of domestic violence as defined in s. : 41.28; or a
person receiving benefits under the Social Security Disability Insurance (SSDI) program
or the Supplemental Security Income (SSI) program or from veterans'disability benefits.
(14) "Student" means any person not living with his or her parent or guardian who is
eligible to be claimed by his or her parent or guardian as a dependent under the federal
2635
income tax code and who is enrolled on at least a half-time basis in a secondary
school, career center, community college, college, or university.
(15) "Substandard" means:
(a) Any unit lacking complete plumbing or sanitary facilities for the exclusive use of
the occupants;
(b) A unit which is in violation of one or more major sections of an applicable housing
code and where such violation poses a serious threat to the health of the occupant; or
(c) A unit that has been declared unfit for human habitation but that could be
rehabilitated for less than 50 percent of the property value.
(16) "Substantial rehabilitation" means repair or restoration of a dwelling unit where
the value of such repair or restoration exceeds 40 percent of the value of the dwelling.
(17) "Very-low-income persons" means one or more natural persons or a family, not
including students, the total annual adjusted gross household income of which does
not exceed 50 percent of the median annual adjusted gross income for households
within the state, or 50 percent of the median annual adjusted gross income for
households within the metropolitan statistical area (MSA) or, if not within an MSA,
within the county in which the person or family resides, whichever is greater.
History.—s. 2, ch. 88-376; s. 1, ch. 89-121; s. 13, ch. 90-275; s. 72, ch. 2000-153; s. 36,
ch. 2004-357; ss. 44, 53, ch. 2006-26; s. 14, ch. 2006-69; s. 323, ch. 2011-142; s. 7, ch.
2011-189; s. 146, ch. 2024-6.
2636
,) 0
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wc�in>
RESOLUTION NO. 544 -2024
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ESTABLISHING THE MONROE
COUNTY AFFORDABLE TOURISM HOUSING PROGRAM FOR
PURPOSES OF FUNDING AFFORDABLE HOUSING DEVELOPMENT
PROJECTS WHICH PROVIDE AFFORDABLE HOUSING AVAILABLE
TO EMPLOYEES OF PRIVATE SECTOR TOURISM-RELATED
BUSINESSES IN THE COUNTY IN ACCORDANCE WITH CH. 24-219, §
4, LAWS OF FLA.; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ch. 24-219, Laws of Fla., (SB 1456) became effective on July 1, 2024; and
WHEREAS, Ch. 24-219, § 4, Laws of Fla., provides that counties, which are designated
as an Area of Critical State Concern (ACSC), and which levy both a tourist development tax
pursuant to F.S. 125.0104, and a tourist impact tax pursuant to F.S. 125.0108, may use any
accumulated surplus from such taxes collected through September 30, 2024, not to exceed $35
million, whether held by the county directly, or by a land authority in the county created pursuant
to F.S. 380.0663, for purposes of providing housing which is available to employees of private
sector tourism-related businesses in the county; and
WHEREAS, Ch. 24-219, § 4, Laws of Fla., further provides that any housing financed
with funds from the surplus may be used only for purposes of providing "affordable" housing, as
defined in F.S. 420.0004, for a period of no less than 99 years; and
WHEREAS, pursuant to F.S. 420.0004, for one or more natural persons or a family, the
total annual adjusted gross household income must be less than 120 percent of the median annual
adjusted gross income for households within the state; and
WHEREAS, Ch. 24-219, §4,Laws of Fla.,further provides that expenditure of such funds
is subject to approval by a majority vote of the BOCC; and
WHEREAS, in anticipation of Ch. 24-219, Laws of Fla.,becoming law, on May 15, 2024,
the Board of County Commissioners (BOCC)passed Monroe County Ordinance 018-2024,which
authorized the "accumulated surplus" funds to be transferred to an account to be held directly by
the County or Land Authority and authorized for use in accordance with state law; and
WHEREAS,within said Ordinance,the BOCC stated that"[t]he BOCC will adopt a policy
or resolution setting forth the process for distribution and expenditure of accumulated funds for
Page 1 of 6
2637
affordable housing in accordance with the conditions as set forth in SB 1456"; and
WHEREAS, the BOCC wishes to adopt through resolution a policy setting forth the
program parameters, restrictions, and conditions for evaluation of potential affordable housing
projects which qualify for this funding and the subsequent distribution and expenditure of the
accumulated funds for selected affordable housing projects in accordance with the requirements
as set forth in Ch. 24-219, § 4, Laws of Fla.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: RECITALS AND LEGISLATIVE INTENT. The foregoing recitals and
statements of legislative intent are true and correct and are hereby incorporated as if fully set forth
herein.
SECTION 2: PURPOSE AND INTENT. The Monroe County Affordable Tourism
Housing Program ("Program") is hereby established. The purpose and intent of the Program is to
facilitate the purchase, development, construction, and/or rehabilitation of affordable housing
projects which meet the Program guidelines and requirements as set forth in this Resolution,which
may be amended from time to time.
SECTION 3: DEFINITIONS.
(A) Affordable shall have the same meaning as § 420.0004, Florida Statutes.
(B) BOCC shall mean the Monroe County Board of County Commissioners.
(C) Land Use Restriction Agreement (L URA) shall mean a deed restriction restricting
the units purchased, developed or rehabilitated using funding from this Program
as affordable for a period of no less than 99 years.
(D) Private Sector Tourism-Related Businesses shall mean those businesses physically
located and operating within Monroe County, and who fall within one (1) or more
of the following 2022 North American Industry Classification System (NAILS)
Categories:
1. Sector 71. Arts, Entertainment, and Recreation.
2. Sector 72. Accommodation and Food Services.
3. Subsector 487 of Sector 48-49. Scenic and Sightseeing Transportation.
(E) Program shall mean the Monroe County Affordable Tourism Housing Program.
(F) Project(s) shall mean affordable residential housing consisting of one (1) or more
residential dwelling unit(s) and which meet the Program requirements.
(G) Qualified Employees shall mean employees of private sector tourism-related
businesses who meet the affordable income qualifications and who possess no
ownership interest in a residential property in Monroe County or the contiguous
counties of Miami-Dade and Collier counties.
(H) Surplus funds shall mean accumulated excess of revenue in an amount not to
exceed $35,000,000.00.
Page 2 of 6
2638
SECTION 4: PROGRAM GUIDELINES. The Program will provide financial
assistance for the purchase, construction, or redevelopment of affordable housing Projects subject
to the following guidelines:
(A)Types of Projects
1. The following types of projects will be considered for complete or partial
funding:
a. New construction of residential dwelling unit(s);
b. Rehabilitation of residential dwelling unit(s);
c. Purchase of existing parcel(s), developed or undeveloped;
d. Purchase of existing residential unit(s) or development(s); and/or
e. A mix of any of the above.
(B)Types of Residential Units.
1. Projects should include the following type(s) of housing units, in order of
preference:
a. studio/efficiency apartment(s);
b. 1 bedroom / 1 bathroom apartment(s);
c. 2+bedroom/bathroom apartment(s); and/or
d. Family type units with multiple bedroom/bathrooms.
2. Projects with multiple residential units may include a mix of these types of
residential units.
(C)Types of Qualified Employees
1. Projects should prioritize the following type(s) of Qualified Employees,
subject to affordability criteria, in order of preference:
a. Single employees;
b. Employees with dependents;
c. Entry-level employees; and/or
d. Managers.
(D)Additional Considerations.
1. Any and all Projects which involve one or more of the following will be
given greater weight in consideration:
a. Projects which propose partnerships with existing governmental
entities, i.e., Key West Housing Authority, Monroe County
Housing Authority, Monroe County Land Authority;
b. Projects which propose partnerships with existing non-profits that
have demonstrated the ability to develop affordable housing in
Monroe County, meaning who have developed at least ten (10)
affordable housing units over the past 5 years;
c. Scattered site(s) developments which utilize existing scarified
single-family lots that have no protected habitat;
d. Projects which propose allowing Monroe County to utilize the
rental income, after necessary deductions for administration,
building reserves, etc., for inclusion in a separate interest-bearing
Page 3 of 6
2639
account to be used in the future to provide additional affordable
housing within Monroe County.
2. The following types of Projects shall not be funded:
a. Projects which are already funded and required to provide
affordable housing; and/or
b. Projects required to be built pursuant to inclusionary housing
requirements and/or development approvals linked to a market-
rate and/or commercial project.
3. Projects which shall also be considered, in no order of preference:
a. Public-Private Partnerships (P3s); and/or
b. Purchase of existing residential dwelling developments with a
county lease back to original owner for management and lease
with required LURA restrictions on the subject property.
SECTION 5: REQUIREMENTS. Any and all Projects selected for funding by Monroe
County are subject to the following requirements:
(A)Application to Monroe County for funding;
(B)Encumbrance of funding for a specific Project is subject to approval of a majority
vote of the BOCC by separate Resolution;
(C)Prior to distribution of funds, recording of a LURA drafted and provided by the
Monroe County Attorney's Office;
(D)No amount of the funding in this program may be used to develop commercial
property;
(E) Only rental residential dwelling unit(s) shall be considered;
(F) Any other requirements in this Resolution, as may be amended from time to time;
and
(G)Any other requirements as may be outlined in the specific project funding
Resolution, as may be amended from time to time.
SECTION 6: COUNTY GUIDELINES.
(A)The County Administrator shall facilitate the Program and delegate responsibilities
of the Program to county staff as deemed necessary in his/her sole discretion,which
should include, but not necessarily be limited to, an application process and a
webpage. County Administrator may enlist third-party reviewers or administrators
for income and employment verification.
(B)Application package should include, at a minimum:
1. Detailed description of the project, including address/Parcel ID and
business plan, if applicable;
2. Included or potential building plans, if any;
3. Any current land restrictions;
4. Amount of funding requested and detailed documentation to support
request.
(C)Staff shall review and evaluate Project applicants and provide a written
recommendation to the BOCC for approval/disapproval of funding along with a
Page 4 of 6
2640
draft Resolution, if applicable. Staff may, in its discretion, seek additional
information from the applicant(s)prior to finalizing staff recommendations.
(D)When reviewing and evaluating Projects, staff should consider allocation of the
surplus funds by the percentage of total funding earned within the geographical
boundaries of the tax collection districts as defined in Monroe County Code of
Ordinances Chapter 23, Article VI.
(E)Funding shall only be issued after a project has received building permits and all
funding needed to complete the project has been approved as demonstrated by loan
commitments, to assure the project can be completed.
SECTION 7: TENANT ELIGIBILITY.
(A)Only Qualified Employees who meet the affordable income qualifications in §
420.0004, Florida Statutes, shall be eligible to apply for rental of any residential
dwelling unit(s)purchased and/or funded by this Program.
(B)Tenants will be required to submit proof of eligibility at the time of application and
again at the time of annual lease renewal.
(C)Only one full-time resident of the household needs to be, and remain, an employee
of a private sector tourism-related business for the household to qualify. All
members of the household must meet the affordable income limits, according to the
local government affordable housing regulations, which differ amongst local
governments in the county.
SECTION 8: TENANT LEASE TERMS. Any and all leases to tenant(s) for dwelling
unit(s)purchased and/or funded by this Program shall meet the following requirements:
(A)Shall be in writing;
(B)Shall reference the LURA;
(C)Any and all rental leases to tenant(s) shall be for a period of one (1)year.
(D)Lease may only be renewed subject to the BOCC's rules of the Program which
include, but are not limited to, tenant income and employment eligibility.
(E)Lease shall include an early termination provision in the event the qualified
applicant(s) is/are no longer eligible.
(F) Maximum monthly rental rates shall not exceed the applicable annual Monroe
County Maximum Monthly Rental Rates unless the rental residential dwelling
unit(s)is/are located within the physical geographical boundaries of the City of Key
West, Marathon, or Islamorada. In that case, the tenant shall be subject to the City
of applicable Cities' Maximum Monthly Rental Rates for the respective income
category.
SECTION 9: CONSTRUCTION AND INTERPRETATION. This Resolution, being
necessary for the health, safety, and welfare of the residents of and visitors to Monroe County,
shall be liberally construed to effect(uate) the public purpose(s) hereof. Interpretation of this
Resolution shall be construed in favor of the Monroe County Board of County Commissioners,
and such construction and interpretation shall be entitled to great weight in adversarial
administrative proceedings, at trial, in bankruptcy, and on appeal.
Page 5 of 6
2641
SECTION 10: NON-RELIANCE_BY NON-PARTIES AND NO THIRD-PARTY
RIGHTS OR BENEFICIARIES. Nothing contained herein shall create or be construed :or
interpreted to create any relationship,contractual or otherwise,with,or any rights in favor of, any
third party. No person or,entity shall be entitled to rely upon this Resolution or any provision
hereof to enforce or attempt to enforce any claim or entitlement to or benefit of any service or,
program contemplated hereunder.
SECTION.11: SECTION HEADINGS. Section headings have been inserted into this
Resolution as a matter of convenience for reference only,and shall not be used in the interpretation
or construction of this Resolution or any part thereof.
SECTION 12: NO LIABILITYY. Monroe County expressly reserves and in no way shall
be deemed to have waived,for itself or for its officer(s), employee(s), or agent(s), any sovereign,
governmental, and other similar defense, immunity; exemption, or protection against any suit,
cause-of-action, demand, or liability.
SECTION 13 SEVERABILITY. If any provision of this Resolution, or any part or
portion thereof, is held to be invalid or unenforceable by.any administrative hearing officer or
court of competent jurisdiction,the invalidity or unenforceability of such provision, or any part or
portion thereof, shall neither limit or impair the operation, enforceability;or validity of any other
provision of this Resolution,or any remaining part(s)or portion(s)thereof All other provisions of
this Resolution and remaining part(s)or portion(s)thereof,shall continue unimpaired in full force
and effect.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
=at a regular meeting of said board on the 1 l th day of December 2024.
Mayor James K. Scholl Yes
Mayor Pro Tern Michelle Lincoln Yes
Commissioner Craig Cates Yes
Commissioner David Rice Yes _ .s
Commissioner Holly Merrill Raschein Yes
(SEAL) '
BOARD OF COUNTY COMMISSIONERS'
g 11�TTES1EVIN MADOK,CLERK OF MONROE COUNTY,FLORIDA
B
y:
DE UTY CLERK AYOR/CHAIRPERSON
APPROVED AS TO FORM&LEGAL SUFFICIENCY
Monr a ounty Attorney's Office
thalia Melues'Archei
Ass tant County Attorney
Page 6 of 6
2642
This Instrument Prepared by:
Peter H.Morris
Assistant County Attorney
1111 12t'St., Suite 408
Key West,FL 33040
MONROE COUNTY PLANNING DEPARTMENT
AMENDED AND RESTATED EMPLOYEE HOUSING DEED RESTRICTION
THIS DEED RESTRICTION SHALL BE INCORPORATED IN WHOLE AND
REFERENCED BY BOOK AND PAGE NUMBER ON ALL TRANSFERS OF THE BELOW
DESCRIBED REAL PROPERTY.
STATE OF FLORIDA
CO LINTY OF MONROE
Notice is hereby given that:
I. The Monroe County Board of County Commissioners ("Board", "BOCC", "Monroe
County", or the "County") is the sole owner of certain real property, situated, lying and
being in Monroe County, State of Florida, described as follows:
The Northwesterly 720 feet of the following described parcel of land:
A portion of Tract 6, according to Plat of Southcliff Estates on Key Largo and recorded in Plat Book 2 at
Page 45 of the Public Records of Monroe County,Florida,more particularly described as follows:
From a P.R.M. at the intersection of the Southeasterly right of way line of State Road No. 5 on the agreed
boundary line between Southcliff Estates and K.L.Thompson Property,as shown on plat recorded in Plat
Book 2. at Page 67,Public Records of Monroe County,Florida,run
Southeasterly on said agreed line, a distance of 66 feet to the Southeasterly right of way line of Old State
Road 4A; thence Southwesterly along said Southeasterly right of way line, a distance of 330 feet to the
Point of Beginning of the parcel hereinafter described thence continue Southwesterly on last described
course, a distance of 100 feet to the Northeasterly side of the subdivision of Sunrise Point, according to
the revised plat,recorded in Plat Book 3, at Page 11,Public Records of Monroe County,Florida,thence
along said Northeasterly side of Sunrise Point in a Southeasterly direction, a distance of 1065 feet more
or less to the shore of the Atlantic Ocean; thence Northeasterly meandering said shore to a point of
intersection with a line which is 100 feet Northeasterly from and parallel to the said Northeasterly side of
Sunrise Point;thence Northwesterly along said line to the Point of Beginning.
And
Lot 1, Block 1 of REVISED PLAT OF SUNRISE POINT, according to the Plat thereof, as recorded in
Plat Book 3, at Page 11,of the Public Records of Monroe County,Florida.
And
Lot 2, Block 1 of REVISED PLAT OF SUNRISE POINT, according to the Plat thereof, as recorded in
Plat Book 3, at Page 11,of the Public Records of Monroe County,Florida.
Current Parcel ID No.: 00484390-000000 (formerly Parcel ID Nos.: 00483370-000100, 00484390-
000000&00484400-000000)
II. The legal effectiveness of that certain Employee Housing Deed Restriction previously
recorded on September 7, 2022, at Book 3193, Page 141, Document No. 2390470, in the
Official Records of Monroe County is hereby terminated upon approval and recording
of this Amended and Restated Employee Housing Deed Restriction.
Amended and Restated Employee Housing Deed Restriction
Parcel ID No.: 00484390-000000 (formerly 00483370-000100, 00484390-000000 and 00484400-000000)
2643
III. As shown on Exhibit A. "Site Plan" and summarized on Exhibit B. "Chart"
a. Building Permit numbers for the 11 residential Buildings Permit Numbers are:
Building#1 21301888 Building#6 22300467
Building#2 21301889 Building#7 22300468
Building#3 21301890 Building#8 22300469
Building#4 22300465 Building#9 22300470
Building#5 22300466 Building#10 22300471
Building#11 22300472
IV. This restriction is for Twenty-Eight(28)Moderate-Income Households
V. At the June 18m, 2025, regular public meeting of the Monroe County Board of County
Commissioners, the Monroe County BOCC approved the purchase of the subject property
including twelve (12) new one-bedroom apartments and permitted for an additional sixteen
(16) units of affordable employee housing. A portion of the purchase (I I units) were funded
with the Affordable Tourism Housing Program (DAC IV & DAC V allotments for private-
sector tourism related workforce housing) reserved for employees of private-sector tourism
related businesses as defined in Monroe County BOCC Resolution No. 544-2024; any
housing financed with funds from the Tourist Development Council ("TDC") surplus may be
used only to provide housing that is affordable, as defined in s. 420.0004,Florida Statutes, for
a period of no less than 99 years.
VI. As authorized herein, under the owner-occupied / developer moderate income affordable /
employee (a/k/a "affordable-employee") housing provisions set forth in the Monroe County
land development regulations, the owner or owners of the above-described real property have
been exempted from payment of "Fair Share Impact Fees" for the 28 unit, affordable-
employee housing complex described herein.
VII. As authorized herein, the use of the 28 dwellings are restricted for a period of at least ninety-
nine(99)years to being leased or sold to households with an adjusted gross annual income no
greater than one hundred twenty (120)percent of the median adjusted gross annual income.
VIII. The units subject to the restrictions herein are intended to, and shall serve only as affordable-
employee, permanent housing for working households, which derive at least seventy (70)
percent of their household income from gainful employment in Monroe County and meet the
requirements for affordable-employee housing.
IX. Maximum sales price for an owner-occupied affordable employee housing unit shall mean
*A price not exceeding:
3.75 times the annual median household income for Monroe County for a 1-bedroom unit
4.25 times the annual median household income for Monroe County for a 2-bedroom unit
4.75 times the annual median household income for Monroe County for a 3-bedroom or more
unit
Amended and Restated Employee Housing Deed Restriction
Parcel ID No.: 00484390-000000 (formerly 00483370-000100, 00484390-000000 and 00484400-000000)
2644
X. The covenant(s) shall be effective for ninety-nine(99)years, but shall not.commence running
until a certificate of occupancy has been issued by the building official for the dwelling unit(s)
to which the covenant or covenants apply. This deed restriction shall remain in effect for
ninety-nine(99)years regardless of the owner(s)or occupant(s)ability to comply or re-qualify
on an annual basis or as otherwise may be required.
XI. At the time of sale of an owner-occupied affordable-employee housing unit, the unit may be
sold only to a household within the applicable moderate-income category. E.g., an owner-
occupied affordable-employee housing unit which is encumbered by a moderate-income deed
restriction may only be sold to another household that qualifies for the County's above-
described moderate-income category or lower.
XII. Tourist housing use or vacation rental use of affordable-employee housing units is prohibited.
XIII. No Encumbrances. "Joinder of Mortgages" have been provided as part of this restriction.
No additional mortgages will be obtained or recorded on the properties prior to recording of
this Deed Restriction. Otherwise, 1/we understand that a Joinder by the mortgagee (lender)
will be required to be,included with this Deed Restriction if a mortgage is obtained prior to
this Deed Restriction being recorded in the Official Records of Monroe County, Florida.
There is/are no non-mortgage encumbrance(s) on the property legally described above nor
will a non-mortgage encumbrance be recorded on that property prior to the recording of this
Deed Restriction. 1/we understand that a Joinder by the non-mortgage encumbrance-holder
will be required to be included with this Deed Restriction if a non-mortgage encumbrance is
obtained prior to this Deed Restriction being recorded in the Official Records of Monroe
County, Florida.
XIV. BORROWERS AND LENDERS TAKE NOTE: No equity may be borrowed against the
value of the affordable-employee housing unit which exceeds the maximum sales price in
Paragraph IX. This prohibition is for an aggregate loan amount of all equity against the home.
A series of smaller equity loans may not be obtained whose total loan amount exceeds the
maximum sales price in Paragraph IX.
XV. All of the restrictions herein shall be binding upon any transferees, lessees, heirs, assigns or
successors in the chain of title for the property and owner occupant(s) and tenant-occupant(s)
thereto, it being recognized that recordation of this Employee Housing Deed Restriction
constitutes constructive notice to all interested parties
XVI. There is no mortgage on this property nor will a mortgage be recorded on this property prior
to the recording of this restriction. Otherwise, 1/we understand a joinder by the mortgagee
(lender) will be required to this restriction if a mortgage is obtained prior to this restriction
being recorded in the Monroe County Official Records.
XVII. Breach or Violation. In the event of breach of violation of the restrictions or terms herein,
the County shall provide a written "Notice of Default" or "Notice of Violation" to the
defaulting undersigned Grantor(s), the defaulting owner occupant(s), and/or the defaulting
Amended and Restated Employee Housing Deed Restriction
Parcel ID No.: 00484390-000000 (formerly 00483370-000100, 00484390-000000 and 00484400-000000)
2645
tenant(s) thereto, and a defaulting party shall have the right to cure such breach(es) or
violation(s) within thirty (30) calendar days of receipt of notice of such breach(es) or
violation(s).
Uncured breach(es) or violation(s) of the terms of and restrictions imposed by this Employee
Housing Deed Restriction shall, without any additional notice beyond this Deed Restriction's
recordation, entitle the County to immediately suspend, without liability to the County,
development applications, pending permits, approvals, and inspections, of which are
contingent upon the effectiveness of and compliance with this Deed Restriction, except for
those permits, approvals, or inspections necessary to cure such breach(es) or violation(s).
Uncured breach(es) or violation(s) of a term or restriction imposed herein shall be presumed
to constitute a breach or violation of an irreparable or irreversible nature.
In the event of any suit, action, proceeding, in law or in equity, by the County to enforce the
restrictions or terms contained herein, if the County prevails in any such suit, action, or
proceeding, on trial or appeal, the County shall be entitled to reasonable attorney's fees,
including trial, appellate, bankruptcy, and post judgment costs and collection proceedings for
the maintenance or defense of any such suit, action, or proceeding, to be paid by the losing
party(ies) as fixed by the court. Any judgment so rendered in favor of the County in
connection with any such suit, action, or proceeding arising out of,related to, or in connection
with this Deed Restriction, shall bear interest at the highest rate allowed by law. The County
shall recover reasonable legal and professional fees attributable to the preparation,
administration, and enforcement of such suit, action or proceeding,from any person(s)and/or
entity(ies) from or to whom a demand or enforcement request is made, regardless of actual
initiation of a suit, action, or proceeding. These remedies are in addition to any other remedy,
fine, or penalty which may be initiated under, including, but not limited to, Chapter 162,
Florida Statutes.
XVIII. Joint-and-Several Liability. If the undersigned Grantor(s), owner-occupant(s) thereto, or
tenant-occupant(s)thereto, or successors in title to or interest in the property or any other non-
County natural person(s) or legal person(s) are party(ies)to any suit, action, or proceeding, in
law or in equity, initiated or filed by the County to enforce any provision, restriction, or term
contained herein, and consists of more than one person(s)or entity(ies), all such person(s) and
entity(ies) shall be jointly-and-severally liable.
XIX. Cumulative Remedies. In the event of any breach or violation of the restrictions or terms
herein, the County shall, without liability to the County, have the right to proceed at law or in
equity as may be necessary to enforce compliance with the restrictions or terms hereof, to
enjoin activities, construction, maintenance, practices, repairs, and uses inconsistent with the
restrictions or terms hereof, and to otherwise prevent the breach or violation of any of them,
to collect damages, and is both authorized and entitled to enforce this Employee Housing
Deed Restriction by emergency, preliminary, and permanent injunction, including by ex parte
motion and action for such injunction(s), it being hereby expressly and specifically agreed-
upon that the County has no adequate remedy at law for such breach(es) or violation(s), or
such other legal method as the County deems appropriate.All rights and remedies accruing to
the County are assignable in whole or in part and are cumulative; that is, the County may
Amended and Restated Employee Housing Deed Restriction
Parcel ID No.: 00484390-000000 (formerly 00483370-000100, 00484390-000000 and 00484400-000000)
2646
pursue such rights and remedies as the law and this Deed Restriction afford it in whatever
order the County desires and the law permits. The County's resort to any one law(s) or
remedy(ies) in advance of any other shall not result in waiver or compromise of any other
law(s) or remedy(ies). The undersigned Grantor(s) hereby agree(s) to and shall pay for all
costs associated with the County's actions to enforce this Deed Restriction.
Failure by the undersigned Grantor(s), or owner-occupants or tenant-occupants thereto, to
comply with or perform any act required by or under this Deed Restriction shall not impair
the validity of this Deed Restriction or the conditions, provisions, reservations, restrictions,
rights, or terms hereof or limit their enforceability in any way.
Enforcement of the conditions, provisions, restrictions, and terms of this Deed Restriction
shall be at the discretion of the County. The County's delay or failure to enforce or omission
in the exercise of any condition, provision, reservation, restriction, right, or term contained
herein, however long continued, shall not be deemed a waiver or estoppel of the right to do
so thereafter as to any violation(s) or breach(es). No County waiver of a breach of any
condition, provision, reservation, restriction, right, or term hereof, shall be construed to be a
waiver of any succeeding breach of the same.
XX. Limitation of Liability. In the event of any litigation concerning any condition, provision,
restriction, or term of this Employee Housing Deed Restriction, the undersigned Grantor(s),
and owner-occupant(s) and tenant-occupant(s)thereto, hereby waive their right to a jury trial.
The undersigned Grantor(s)further agree that no claim(s) shall be made by it for any delay or
hindrance allegedly attributable to the County during the progress of any portion of or during
the effective period of this Deed Restriction.
XXI. Duty to Cooperate and No Arbitration.The undersigned Grantor(s), and owner-occupant(s)
and tenant-occupant(s) thereto, shall, to ensure the effective implementation of the
government purpose furthered by this Employee Housing Deed Restriction, cooperate with
the County's reasonable requests submitted to said Grantor(s), and owner-occupant(s) and
tenant-occupant(s)thereto, regarding the conditions, restrictions, and terms contained herein.
No suit, action, or proceeding arising out of, related to, or in connection with this Deed
Restriction is subject to arbitration, and mediation proceedings initiated and conducted that
arise out of, relate to, or are in connection with this Deed Restriction shall be in accordance
with the Florida Rules of Civil Procedure.
XXII. Governing LawsNenue. This Employee Housing Deed Restriction is and the enforcement
of the restrictions, terms, and obligations established therefrom are governed by the Monroe
County Comprehensive Plan, the Monroe County Code(s), the Florida Building Code, and
the Florida Statutes, and shall be liberally construed to effectuate the public purpose of this
Deed Restriction. Exclusive venue for any dispute arising from or under, relating to, or in
connection with, this Deed Restriction, shall be in the Sixteenth Judicial Circuit in and for
Monroe County, Florida.
XXIII. Construction and Interpretation. The construction and interpretation of such, and all other,
Monroe County Comprehensive Plan provision(s) and Monroe County Code(s) provision(s)
Amended and Restated Employee Housing Deed Restriction
Parcel ID No.: 00484390-000000 (formerly 00483370-000100, 00484390-000000 and 00484400-000000)
2647
shall be construed in favor of the Monroe County (a/k/a Monroe County Board of County
Commissioners) and such construction and interpretation shall be entitled to great weight in
adversarial administrative proceedings, at trial, and on appeal and/or review.
XXIV. Miscellaneous. These shall be complied with pursuant to Monroe County Code(s) and/or
Comprehensive Plan, as may be amended from time to time.
XXV. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any
condition, provision, reservation, restriction, right, or term of this Deed Restriction, or any
portion thereof,is/are held invalid or unenforceable in or by any administrative hearing officer
or court of competent jurisdiction, the invalidity or unenforceability of such condition,
provision, reservation, restriction,right,term, or any portion(s)thereof, shall neither limit nor
impair the operation, enforceability, or validity of any other condition, provision, reservation,
right, term, or any remaining portion(s) thereof. All such other conditions, provisions,
reservations, restrictions, rights, terms, and remaining portion(s) thereof shall continue
unimpaired in full force and effect.
XXVI. No Liability, Monroe County expressly reserves and in no way shall be deemed to have
waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental,
and any other similar defense, immunity, exemption, or protection against any suit, cause-of-
action, demand, or liability.
XXVII. No Third-Party Rights. No third-party natural or legal person(s) shall be entitled to utilize
any provision of this Deed Restriction, or any part(s) or portion(s) thereof, to enforce or to
attempt to enforce any third-party claim(s) or entitlement(s) to or benefit(s) from any
provision of this Deed Restriction or any part(s) or portion(s)thereof.
XXVIII. Captions and Paragraph Headings. Captions and paragraph headings, where used herein,
are inserted for convenience only and are not intended to descriptively limit the scope and
intent of the particular paragraph or text to which they refer.
XXIX. Authority to Attest. Each party to this Employee Housing Deed Restriction represents and
warrants to the other that the execution, delivery, and performance of this Deed Restriction
has been duly authorized by all necessary corporate and other organizational action, as
required.
XXX. Entire Agreement. This Amended and Restated Employee Housing Deed Restriction("Deed
Restriction") constitutes the entire Deed Restriction and any representation or understanding
of any kind preceding the date of this Deed Restriction's execution or recordation is not
binding upon the Grantor(s) or the County, except to the extent that it has been incorporated
into this Deed Restriction.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on this 16m day of July, 2025.
Amended and Restated Employee Housing Deed Restriction
Parcel ID No.: 00484390-000000 (formerly 00483370-000100, 00484390-000000 and 00484400-000000)
2648
Mayor James K. Scholl
Mayor Pro Tem Michelle Lincoln
Commissioner Craig Cates
Commissioner David Rice _
Commissioner Holly Merrill Raschein
MONROECO.. (A BOARD OF COUNTY COMMISSIONERS
TO FARM
OF MONROE COUNTY, FLORIDA
PFTER MORRISBy:
ASSISTANT COUNTY ATTORNEY Mayor James K. Scholl
Date. 7/1/2 5
Acknowledged before me by means of
❑physical presence or ❑online notarization
this day of , 2025 by
(PRINT NAME)
who is personally known to me OR produced
as identification.
(TYPE OF ID PRODUCED)
Witness No. 1 (Print Name)
Witness No. 1 (Signature)
Witness No. 1 (Official Address)
Witness No. 2 (Print Name)
Witness No. 2 (Signature)
Witness No. 2 (Official Address)
My Commission expires:
(SEAL)
ATTEST: KEVIN MADOK, CLERK
By: Stamp and Signature of Notary Public
AS DEPUTY CLERK
Amended and Restated Employee Housing Deed Restriction
Parcel ID No.: 00484390-000000 (formerly 00483370-000100, 00484390-000000 and 00484400-000000)
2649
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Exhib it B .
EXHIBIT B
CHART
BUILDING # PERMIT# ADDRESS UNIT# TYPE INCOME
BUILDING#1 21301888 95295 Overseas Hwy. #1 1 BED 1 BATH MODERATE
BUILDING #1 21301888 95295 Overseas Hwy. #2 1 BED 1 BATH MODERATE
BUILDING#1 21301888 95295 Overseas Hwy. #3 1 BED 1 BATH MODERATE
BUILDING #1 21301888 95295 Overseas Hwy. #4 1 BED 1 BATH MODERATE
BUILDING#2 21301889 95295 Overseas Hwy. #1 1 BED 1 BATH MODERATE
BUILDING#2 21301889 95295 Overseas Hwy. #2 1 BED 1 BATH MODERATE
BUILDING#2 21301889 95295 Overseas Hwy. #3 1 BED 1 BATH MODERATE
BUILDING#2 21301889 95295 Overseas Hwy. #4 1 BED 1 BATH MODERATE
BUILDING#3 21301890 95295 Overseas Hwy. #1 1 BED 1 BATH MODERATE
BUILDING#3 21301890 95295 Overseas Hwy. #2 1 BED 1 BATH MODERATE
BUILDING#3 21301890 95295 Overseas Hwy. #3 1 BED 1 BATH MODERATE
BUILDING#3 21301890 95295 Overseas Hwy. #4 1 BED 1 BATH MODERATE
BUILDING#4 22300465 95295 Overseas Hwy. #1 2 BED 2.5 BATH MODERATE
BUILDING#4 22300465 95295 Overseas Hwy. #2 2 BED 2.5 BATH MODERATE
BUILDING #5 22300466 95295 Overseas Hwy. #1 2 BED 2.5 BATH MODERATE
BUILDING #5 22300466 95295 Overseas Hwy. #2 2 BED 2.5 BATH MODERATE
BUILDING #6 22300467 95295 Overseas Hwy. #1 2 BED 2.5 BATH MODERATE
BUILDING#6 22300467 95295 Overseas Hwy. #2 2 BED 2.5 BATH MODERATE
BUILDING#7 22300468 95295 Overseas Hwy. #1 2 BED 2.5 BATH MODERATE
BUILDING#7 22300468 95295 Overseas Hwy. #2 2 BED 2.5 BATH MODERATE
BUILDING#8 22300469 95295 Overseas Hwy. #1 2 BED 2.5 BATH MODERATE
BUILDING#8 22300469 95295 Overseas Hwy. #2 2 BED 2.5 BATH MODERATE
BUILDING#9 22300470 95295 Overseas Hwy. #1 2 BED 2.5 BATH MODERATE
BUILDING #9 22300470 95295 Overseas Hwy. #2 2 BED 2.5 BATH MODERATE
BUILDING #10 22300471 95295 Overseas Hwy. #1 3 BED 2.5 BATH MODERATE
BUILDING#10 22300471 95295 Overseas Hwy. #2 3 BED 2.5 BATH MODERATE
BUILDING#11 22300472 95295 Overseas Hwy. #1 3 BED 2.5 BATH MODERATE
BUILDING#11 22300472 95295 Overseas Hwy. #2 3 BED 2.5 BATH MODERATE
2653