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Home My WebLink AboutLand Use Restriction Agreement 06/30/2025 Doc#2506230 Bk#3333 Pg#262 Electronically Recorded 6/30/2025 at 10:55 AM Pages 6 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK ElectronicallyREC: $52.50 THIS INSTRUMENT PREPARED BY AND RETURN TO: Gregory S.Oropeza,Esq. Oropeza,Stones,&Cardenas,PLLC 221 Simonton Street Key West,FL 33040 LAND USE RESTRICTION AGREEMENT 30919 EDWARD ROAD BIG PINE KEY, FLORIDA 33042 PARCEL ID NUMBERS 00300390-000000 & 00300390-000100 THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made and entered into as of the 46, i ay of- ,2025,between the MONROE COUNTY, FLORIDA (hereinafter "County") and.the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority pursuant to section 380.0663(1), Florida Statutes and Monroe County Ordinance No. 031-1986 (hereinafter "Land Authority"), and their respective successors and assigns. RECITALS A. The affordable housing site has a property address of 30919 Edward Road,Big Pine Key, Florida 33042 and more particularly described as follows: Lots 8 and 9, Square 1, Dario's Subdivision, according to the map or plat thereof,as recorded in Plat Book 3,Page 92, of the Public Records of Monroe County,Florida. B. The County has adopted Resolution 189-2025 nominating the Subject Property for purchase by the Land Authority, with subsequent conveyance to the County as an affordable housing site. C. In accordance with Land Authority Resolution 28-2025, the Land Authority has conveyed the Subject Property to the County to be used as affordable housing. D. As a condition of receiving said Land Authority funding, the County has agreed that the Subject Property shall comply with the affordable housing requirements specified herein. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the County and the Land Authority do hereby contract and agree as follows: Page 1 of 6 VVI:.It GOVUGJV rage . !r UI U Docusign Envelope ID:C0793A93-9B53-4C80-8B7D-20F7EB6F3868 ARTICLE I COMPLIANCE WITH LAND AUTHORITY REQUIREMENTS In order to comply with the Land Authority's requirements pursuant to section 380.0663(1), et seq., Florida Statutes and Monroe County. Ordinance No. 031-1986, Monroe County hereby covenants and agrees as follows: 1.01 The restrictions contained in this Article I shall not expire, shall run with the Subject Property in perpetuity and shall be binding upon the County, its successors or assigns. 1.02 Use of the Subject Property shall be restricted to the provision of affordable housing for households whose income does not exceed 160%of the Area Median Income,pursuant to Florida Statutes Section 380.0666, as amended from time to time. 1.03 The County is responsible for ensuring compliance with the restrictions in this Article I and expressly agrees to furnish, upon the Land Authority's request, written certification thereof. ARTICLE II CONSIDERATION In addition to other purposes,the Land Authority has provided funding for the purchase of the Subject Property as an inducement to the County to restrict use of the Subject Property to affordable housing in perpetuity. In consideration of said Land Authority funding for the foregoing purposes,the County and the Land Authority have entered into this Agreement. ARTICLE III RELIANCE In performing its.duties hereunder, the Land Authority may rely upon statements and certificates of the County, its tenants, and the residents of the Subject Property believed to be genuine and to have been executed by the proper person or persons, and upon audits of the books and records of the County pertaining to occupancy of the Subject Property. ARTICLE IV TERM This Agreement shall become effective upon its execution and delivery and shall remain in full force and effect without expiration,unless modified by mutual written consent of the parties. ARTICLE V ENFORCEMENT If the County defaults in the performance of its obligations under this Agreement or breaches any material covenant, agreement or warranty of the County set forth in this Agreement, and if such default remains uncured for a period of thirty (30) days after written notice thereof Page 2 of 6 V Vim/• 11 i. IGV 1\Mi11lJ�Ii• V Vi V Docusign Envelope ID:C0793A93-9B53-4C80-8B7D-20F7EB6F3868 shall have been given by the Land Authority to the County,then the Land Authority may take any action at law or in equity or otherwise to address said default(s). However, if the default stated in such notice can be corrected, but not within the thirty (30) day period, and if the County adopts a plan to correct or cure the default and commences the correction within the thirty (30)day period (subject to any rights of tenants in possession of units under a valid lease agreement),and thereafter diligently pursues the same to completion within such extended period, the Land Authority shall not have waived its right of enforcement if the default remains uncured after the expiration of the extended cure period. ARTICLE VI RECORDING AND FILING- COVENANTS TO RUN WITH THE LAND 6.01. Upon execution the County shall cause this Agreement and all amendments and supplements hereto to be recorded and filed in the official public records of Monroe County and shall pay all fees and charges incurred in connection therewith. 6.02 This Agreement and the covenants contained herein shall run with the land and shall bind, and the benefits shall inure to, respectively, the County and the Land Authority and their respective successors and assigns during the term of this Agreement. ARTICLE VII GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, with respect to both substantive rights and with respect to procedures and remedies. ARTICLE VIII. NOTICE.AND EFFECT All notices and other communications to be made or permitted to be made hereunder shall be in writing and shall be delivered to the addresses shown below or to such other addresses that the parties may provide to one another in accordance herewith. Such notices and other communications shall be given by any of the following means: (a)personal service or(b)national express air courier, provided such courier maintains written verification of actual delivery. Any notice or other communication given by the means described in subsection (a) or (b) above shall be deemed effective upon the date of receipt or the date of refusal to accept delivery by the party to whom such notice or other communication has been sent. Land Authority: Monroe County Land Authority 1200 Truman Avenue, Suite 207 Key West,FL 33040 Attention: Executive Director Monroe County: Monroe County Page 3 of 6 Docusign Envelope ID:CO793A93-9B53-4C80-8B7D-20F7EB6F3868 1100 Simonton Street Key West, Florida 33040 Attention: County Administrator Monroe County Office of County Attorney 111 12th Street, Suite 408 Key West,Florida 33040 Attention: County Attorney Any party may change said address by giving the other parties hereto notice of such change of address in accordance with the foregoing provisions. ARTICLE IX MISCELLANEOUS 9.01. If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions shall not in any way be affected or impaired. 9.02. This Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument and each of which shall be deemed to be an original. Page 4 of 6 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT 30919 EDWARD ROAD BIG PINE KEY,FLORIDA 33042 PARCEL ID NUMBERS 00300390-000000 & 00300390-000100 IN WITNESS WHEREOF, the County and the Land Authority have caused this Agreement to be signed,sealed and attested on their behalf by duly authorized representatives,all as of the date first set forth above. WITNESSES: Monroe County,Florida gru.„4„,,, 4.":.„.,f' Print: CAP gworke IWWO AyV--eyitk4 %two By. 1/ . L` ayor James K. Scholl Print: _ i , rs . -,. Address: 1100 Simonton Street �, � , Wit, st, FL 33045 Approved as to form and legality .. -:•, - .� /4.'. ,....:Ni ):-L1 . ,. li,,, .....ti,A. vd:,..v, ,.-zs,.. ,- I. e, 46,-- 1,-- -..„/ .ti:,, -.,mow , 4„,,,,,,)-z.„4,, ‘ ,, , , 4, /- . ..,4%,,.,=-. ..;,,n tiii J '�`'' :eni-Lee MacLaughlin,E ,c i. c .,,''fir 4'S r"1.yip STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me by means of physical presence this �oi °' day of gam , 202(by James K. Scholl as Mayor of Monroe County,Florida. Said person is personally known to me or has produced a valid driver's license as identification. 4:1) 1 • , , lir __ ..� .. Notaryblic; State of Florida , � *;;•-. LIZ YONGUE 1 • = Print Name: Ct 7-VI Artitfra - ": MY COMMISSION#HH 474082 =� .';;°�� EXPIRES:April15,2028 My Commission Expires: ; i tri243 ... ._..._:.. �...T. My Commission No.: 0 Page 5 of 6 Docusign Envelope ID:C0793A93-9B53-4C80-8B7D-20F7EB6F3868 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT 30919 EDWARD ROAD BIG PINE KEY, FLORIDA 33042 PARCEL ID NUMBERS 00300390-000000 & 00300390-000100 IN WITNESS WHEREOF, the County and the Land Authority have caused this Agreement to be signed, sealed and attested on their behalf by duly authorized representatives,all as of the date first set forth above. WITNESSES: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY 11° ("):. Print: IPwe\,„fh,,_ ... talxyw - E By; Davi . ice, Chairman Print: ., f'S, 1.7.00-rrufruto Keit, 1.0eSir 4-33tAD Address: 1200 Truman Avenue Suite 207 Key West, FL. 33040 . —.SE ,1 1flsraEr' r [SAL , . Approved as to form and legality *A:\ mayy ; "-Signed by: ‘. -± arti arortiyt t ,T y ti Gregory S. Oropeza,Esq. STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me by means of physical presence this A -day of , 2025, by David P. Rice, as Chairman of the MONROE COUNTY COMPREHENSI PLAN LAND AUTHORITY,a land authority pursuant to section 3 80.0663(1),Florida Statutes and Monroe County Ordinance No.031-1986,on behalf of the Land Authority. Said person is ersonail known to me or has produced a valid driver's license as identification. , r Notary Pub li State of lorida t Print flJrk \ Name: ',',,1...... P ,: DINAANN GAMBUZZA MyCommission Expires: . 'SLY ▪° 8�'�'': NotaryPublic-State of Florida p `= Commission#HH 424218 My Commission Na.: 'Al—LW- 5 ▪ � r«�t.°°.' My Comm.Expires Sep 17,2027 11 Bonded through National Notary Assn. Page 6 of 6