HomeMy WebLinkAboutAmended and Restated Employee Housing Deed Restriction 07/25/2025 GVS COURTq c
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: July 28, 2025
TO: Devin Tolpin, Senior Director
Planning & Environmental Resources
ATTN: Ilze Aguila,
Planning Commission Supervisor
FROM: Liz Yongue, Deputy Clerk
SUBJECT: July 16, 2025 BOCC Meeting
The following item has been executed and added to the Official Record:
J3 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.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
Doc#2509619 Bk#3337 Pg#1132
Recorded 7/28/2025 3:00 PM Page 1 of 11
This Instrument Prepared by: Filed and Recorded in Official Records of
Peter H.Morris MONROE COUNTY KEVIN MADOK,CPA
Assistant County Attorney
1111 12th 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
COUNTY 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)
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 18th, 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 (11 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)
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)
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)
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 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.
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)
shall be construed in favor of the Monroe County (a/kla 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 16th day of July, 2025.
Amended and Restated Employee Housing Deed Restriction
Parcel ID No.: 00484390-000000(formerly 00483370-000100, 00484390-000000 and 00484400-000000)
s K. Scholl Yes Mayor James
MayorPro emMich 1 eLinco Lincoln Yes .
'
' Commissioner Craig Cates . : Absent .
CommissionerDavid Ric
e Yes• .
Commissioner Holly Merrill Ra cheei n Yes - : .• : : : : :
M.- ROE: � • ArronNEY BOARD OF COUNTY COMMISSIONERS :
OF MONROE COUNTY. " 'E--'1'. ' . t'aTsz — :,.---- , FLORIDA
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22300465 22300469
-.BUILDING#3 UNITS 1&2 UNITS 1&2.:
21301890. 95295 Overseas 95295 Overseas Hwy.
UNITS 1,2,3,&4 Hwy.2 BED 2.5 BATH 2 BED 2.5 BATH
95295 Overseas Hw
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1 BED 1 BATH 22300470
22300466
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BUILDING#12
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• : . . iPUILDING#1. 21301888• 95295 Overseas Hwy. :#1 1 BED 1 BATH • .M O DERATE •
-.BUILDING#1 • .2130.1.888 .• 95295 Overseas•Hwy. #2 :1 BED 1 BATH MODERATE. •
• BUILDING#1 • 21301888 y 95295 Overseas Hwy.:: #3 1 BED 1 BATH •M.O:DERATE .
BUILDING#1. 213018.88. • •. 95295 Overseas Hwy. #4 • • 1 BED 1 BATH MODERATE
BUILDING#2 21:30188.9 • 95295 Overseas Hwy. :#1 • • 1 BED1 BATH • :MODERATE. • : • • • .
.BUILDING#2 .21301.889 .: 95295 Overseas Hwy. #2: • 1 BED 1:BATH. I MODERATE
BUILDING#2 :" 21301889. :95.295*Overseas Hwy. #3 • . BED.1.BATH •M.ODERATE
BUILDING#2 . 21:301889 • •.:95295 Overseas Hwy.•• #4 • 1 BED 1•BATH H • MODERATE
. • BUILDING#3 21:301890. • .95295 Overseas Hwy.. • :#1 1 BED 1 BATH . :MODERATE
BUILDING#3 • 2130/890•. 95295.Overseas•Hwy.... #2 • 1 BED.1:BATH _ MODERATE
BUILDING•#3 • :s s21301890. • : :9.5.295 Overseas.Hwy.��:: #3 � : 1 BED.1.BATH M O:DERAT:E�
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. 223004.6:6 95295 Overseas Hwy. • #1 .: : 2 BED 2.5 BATH • MODERATE
BUILDING#5 :2230.0466 • 95295:Overseas.Hwy. #2 2 BED 2.S BATH MODERATE
BUILDING #6 22300467 95295 Overseas Hwy. • #1 2:BED 2.5 BATH : MODERATE z .
BUILD:I:NG#6 22300467 :9.5.295 Overseas.Hwy.so.. #2 2 BED 2..5:BATH: •M.O:DERATE
BUILDING#7 :• 22300468 • 95295 Overseas Hwy. #1 .2 BED 2.5 BATH • MODERATE • •.
••BUILDING#7 22300468: 9.5295 O.ve.rseas Hwy. • . •#2 2 BED 2.:5 BATH • • MODERATE
BUILDING#8 22300.469. 95295 Overse:as.Hwy.: •#1 I is. s 2 BED 2..5:BATH. •MODERATE
•BUILDING#8 : 22'300469 .95295 Overseas Hwy. #2 • 2 BED 2.5 BATH MODERATE
BUILDING.#9• 22•300470: • 95295 Overseas Hwy., • #1 2 BED 2.5 BATH . MODERATE .
BUILDING#9 . 22:300470 95295 Overseas.Hwy. • #2 MODERATE • . :� BD :SBATH
BUILDING.#10 2230047:1. . :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 9529.5 Overseas.Hwy. #1 3 BED 2.5 BATH MODERATE
BUILDING#11 • •22300472 95295 Overseas Hwy.: • •#2 • • .3 BED 2.5 BATH • MODERATE