HomeMy WebLinkAboutItem G07 G7
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
August 20, 2025
Agenda Item Number: G7
2023-4340
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Cynthia Guerra
9:25 AM
AGENDA ITEM WORDING:
Approval of a resolution amending Section 3 of Resolution 01-2025 to allow the Monroe County
Comprehensive Plan Land Authority to disburse $2,000,000 in construction funding when the Key
West Housing Authority provides a written loan commitment from a lender for the full loan amount of
$6,745,445 for development of between 45 and 54 affordable housing units on property legally
described as a Tract of land lying on the Island Of Key West, Monroe County, Florida and being known
as a portion of Lot 5, Lots 6 through 12, Block 17, and Lots 1 through 8, a portion of Lots 9 through 12,
Block 18 and land lying north of said blocks and being more particularly described as shown in Exhibit
A with Parcel ID No. 00054250-000000 subject to a Land Use Restriction Agreement (LURA); and
authorizing the Chairman to execute documents in support of the project.
ITEM BACKGROUND:
The Key West Housing Authority (KWHA) is developing between 45 and 54 new units at Poinciana
Plaza in the City of Key West. The number of units depends on whether they are able to obtain
variances for setbacks, etc. The City of Key West requested $10,000,000 through Resolution 24-137
(attached) of construction funding from the Land Authority Key West fund. The resolution also
includes a request for another project. However, we are just including background on the KWHA
request.
MCLA Resolution 01-2025 (attached) specified that MCLA will disburse $2,000,000 when KWHA
receives and provides to the MCLA Executive Director, a written loan commitment from a lender for
the entire project cost, and a proforma showing the entire project cost certified by a licensed design
engineer or architect.
This amended resolution 35-2025 allows MCLA to disburse $2,000,000 when KWHA receives and
provides to the MCLA Executive Director; a) a written loan commitment from a lender for the full
loan amount of$6,745,445, and b) a proforma showing the entire project cost certified by a licensed
design engineer or architect.
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In all other respects, Monroe County Land Authority Resolution 01-2025 remains in full force and
effect, including:
• MCLA will disburse the remaining $8,000,000 when KWHA provides MCLA with written
confirmation from the City of Key West indicating permits are ready for issuance for between 45
and 54 new units.
• Upon acceptance of$2,000,000, the KWHA shall sign and record a Land Use Restriction
Agreement (LURA) attached to Resolution 01-2025, restricting use of the subject property to
affordable housing in accordance with section 380.0666(3)(a), Florida Statutes in perpetuity.
The City Commission's request for $10,000,000 was within the proposed FY25 budgeted amount.
$2,000,000 will be disbursed in FY25 and the remaining $8,000,000 has been moved to the proposed
MCLA FY26 budget.
ADVISORY COMMITTEE ACTION: On September 25, 2024 the Committee voted 510 to
recommend approval for the project funding of$10,000,000.
PREVIOUS RELEVANT BOCC ACTION:
N/A
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Proposed MCLA Resolution 35-2025 Amending Resolution 01-2025
Poinciana Apts KWHA KW Reso124-137 Requesting $1OM
Poinciana Apts KWHA MCLA Reso101-2025 Funding $1OM
FINANCIAL IMPACT:
N/A
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RESOLUTION NO. 35-2025
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AMENDING
SECTION 3 OF RESOLUTION 01-2025 TO ALLOW THE
MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY TO DISBURSE $2,000,000 IN
CONSTRUCTION FUNDING WHEN THE KEY WEST
HOUSING AUTHORITY PROVIDES A WRITTEN LOAN
COMMITMENT FROM A LENDER FOR THE FULL LOAN
AMOUNT OF $6,745,445 FOR DEVELOPMENT OF
BETWEEN 45 AND 54 AFFORDABLE HOUSING UNITS
ON PROPERTY LEGALLY DESCRIBED AS A TRACT OF
LAND LYING ON THE ISLAND OF KEY WEST, MONROE
COUNTY, FLORIDA AND BEING KNOWN AS A PORTION
OF LOT 5, LOTS 6 THROUGH 12, BLOCK 17, AND LOTS 1
THROUGH 8, A PORTION OF LOTS 9 THROUGH 12,
BLOCK 18 AND LAND LYING NORTH OF SAID BLOCKS
AND BEING MORE PARTICULARLY DESCRIBED AS
SHOWN IN EXHIBIT A WITH PARCEL ID NO. 00054250-
000000 SUBJECT TO A LAND USE RESTRICTION
AGREEMENT (LURA); AND AUTHORIZING THE
CHAIRMAN TO EXECUTE DOCUMENTS IN SUPPORT OF
THE PROJECT.
WHEREAS, as evidenced by Resolution 24-137, the City of Key West (hereinafter KW)
requested the Monroe County Comprehensive Plan Land Authority (hereinafter MCLA)
provide $10,000,000 to the Housing Authority of the City of Key West (hereinafter
KWHA) to develop between 45 and 54 new affordable housing units, known as the
Poinciana Housing Project, on land described in Exhibit A, in Key West at Poinciana
Plaza (subject property); and
WHEREAS, Section 380.0666(3)(a), Florida Statues, empowers MCLA to utilize tourist
impact tax revenue in the KW fund toward the construction of affordable housing in Key
West; and
WHEREAS, the KWHA has plans to develop between 45 and 54 affordable new
housing units for income eligible households whose income does not exceed 160
percent of the Area Median Income in accordance with section 380.0666(3)(a), Florida
Statues. The amount of units is to be determined after KWHA seeks development
approval from the City of Key West; and
WHEREAS, the Land Authority Advisory Committee considered this resolution at a
meeting held on September 25, 2024, and voted 5/0 to recommend approval; and
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WHEREAS, the Governing Board of MCLA adopted resolution 01-2025 committing
$10,000,000 in construction funding for the project; and
WHEREAS, resolution 01-2025 contained an ambiguity as to the requirements of a loan
commitment for the project cost and MCLA desires to clarify such ambiguity with this
resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS THAT:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. Monroe County Land Authority Resolution 01-2025 is hereby amended to
allow MCLA to disburse $2,000,000 when KWHA receives and provides to the MCLA
Executive Director; a) a written loan commitment from a lender for the full loan amount
of $6,745,445, and b) a proforma showing the entire project cost certified by a licensed
design engineer or architect.
Section 3. In all other respects, Monroe County Land Authority Resolution 01-2025
remains in full force and effect.
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority
at a regular meeting on this 20th day of August, 2025.
Commissioner Craig Cates
Vice Chairman Michelle Lincoln
Commissioner James Scholl
Commissioner Holly Merrill Raschein
Chairman David Rice
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(SEAL)
ATTEST: David P. Rice
Chairman
Cynthia Guerra
Executive Director
Approved as to form and legal sufficiency.
Gregory S. Oropeza, Esquire
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RESOLUTION NO. 24-137
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, REQUESTING THE
MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY TO ALLOCATE FUNDING IN THE AMOUNT OF
UP TO $10,000,000. 00, FOR THE PURPOSE OF
CONSTRUCTION COSTS FOR THE KEY WEST HOUSING
AUTHORITY POINCIANA HOUSING PROJECT AND
REQUESTING THAT $2,800,000.00 BE ALLOCATED FOR
FY 25/26 FOR THE CITY-OWNED HOMELESS
ASSISTANCE PROJECT AT POINCIANA; AUTHORIZING
THE CITY MANAGER TO EXECUTE NECESSARY
DOCUMENTS, UPON CONSENT OF THE CITY ATTORNEY;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Commission has determined that there
exists a shortage of workforce, affordable and special needs
housing available in the City of Key West; and
WHEREAS, the City finds that Key West Housing Authority
Poinciana Housing Project does and will provide essential housing
for residents; and
WHEREAS, the Monroe County Comprehensive Plan Land Authority
(hereinafter referred to as "Land Authority") holds funds on behalf
of the City of Key West that may be dedicated to the purchase of
land or costs of construction for the purpose of providing
workforce housing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, AS FOLLOWS:
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Section 1 : That funds held by the Land Authority are requested
for the construction/renovation of housing known as the Poinciana
Housing project, more particularly described as :
Parcel ID# 00054250-000000 Legal Description: KW FWDN SUB
PLAT 2 PB1-189 PT LTS 1 THRU 5 & ALL LTS 6 THRU 12 BLK 17 & LTS
1 THRU 8 & PT LTS 9 THRU 12 BLK 18 & LAND LYING N OF SAID
BLKS (21 . 61AC) (A/K/A POINCIANA HOUSING COMPLEX - MISC HOUSING
AREA) Gll-147/148 OR1697-84/91E OR1965-971/975AFFD
OR1965-912/970Q/C which will contain 54 proposed dwelling units,
which property is hereby nominated to the Land Authority for
partial funding in the amount of up to ten million dollars
($10, 000, 000 . 00)
Section 2 : That upon approval by the Land Authority, the funds
contained in Section 1 above shall be allocated as follows: eight
million dollars ($8, 000, 000 . 00) upon the effective date of the
Resolution approving the allocation by the Land Authority; two
million dollars ($2, 000, 000 . 00) upon the passage of the FY24/25
Land Authority budget will be allocated, provided that there is at
least two million dollars ($2, 000, 000. 00) allocated to the Key
West fund in the FY24/25 Land Authority budget.
Section 3 : That upon approval by the Land Authority, two
million, eight hundred thousand dollars ($2, 800, 000 . 00) will be
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2860
allocated to the city-owned housing for FY 2025/2026 for the 16
units at the Poinciana Affordable Permanent Supportive Housing
Project more particularly described as: parcel ID# 00064740-
000000; Legal Description: BK 19 LTS 2 THRU 10 AND PT LT 11 AND PT
OF LAND LYING N OF SAID BLK KW KW FWDN SUB PLAT 2 PB1-189 ( 6 . 45
AC) (A/K/A POINCIANA HOUSING COMPLEX - HOMELESS HOUSING) Gll-
147/148 OR1655-1771/1845Q/C OR2410-271 OR2410-272/75ESMT as
legally appropriate under the Base Reuse Plan/Homeless Assistance
Submission that was approved by the Key West Local Redevelopment
Agency on September 16, 1997 .
Section 4 : That the City Manager is authorized to execute any
necessary documents upon review and consent of the City Attorney.
Section 5: That this Resolution shall go into effect
immediately upon its passage and adoption and authentication by
the signature of the presiding officer and the Clerk of the
Commission.
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2861
Passed and adopted by the City Commission at a meeting held
this day , 2024 .
.�...
_t Y of June....................... ............-..—.
Authenticated by the Presiding Officer and Clerk of the
Commission on 6th.�.. �. day of June...........................�._�W...�...� 2024 .
Filed with the Clerk on June 6 2024 .
Mayor Teri Johnston No
Vice Mayor Sam Kaufman Yes
Commissioner Lissette Carey Yes
Commissioner Mary Lou Hoover Yes
Commissioner Clayton Lopez Yes
Commissioner Billy Wardlow Yes
Commissioner Jimmy 1,y Yes
' RI JOHNSTO, �; MAYOR
r ,r
ATTEST:
&L
KER IB R I EN ....... .T......Y...............�.�.................� ..eeeeee _..
CLERK
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2862
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�a rxim rm
MEMORANDUM
Date: June 6,2024
To: Honorable Mayor and Commissioners
Via: Albert P.Childress r `'
City Managers
From: Tina Bum
Housing& ommunity Development Director
Subject: 24-5991 Approval for the Monroe County Comprehensive Plan Land Authority to
Allocate funding in the amount of Ten Million Dollars ($10,000,000.00) for the
purpose of construction costs for the Key West Housing Authority Poinciana Housing
Project and requesting that Two Million Eight Hundred Thousand Dollars
($2,800,000.00) be allocated for FY 25/26 for the City-owned Homeless Assistance
Project at Poinciana; pursuant to Section 380.0666 (3)(A), Florida Statues;
Authorizing the City Manager to execute all documents consistent therewith upon
consent of the City Attorney,providing for an effective date,
Introduction
This resolution is to request funding allocations from the Monroe County Land Authority
(MCLA) for two (2) housing projects to be developed at Poinciana Plaza. The Housing
Authority of Key West is constructing 54 units of Work Force Housing units on the property
located 3400 Duck Avenue, known as the Poinciana Plaza Housing Complex, and the City of
Key West is also requesting funding for 16 units of affordable permanent supportive housing to
be constructed on the City owned property located at 3401 Duck Avenue.
Upon the approval of the Land Authority, the ten million dollars ($10,000,000.00) requested for
the Housing Authority of Key West project shall be allocated as follows: eight million dollars
($8,000,000.00)upon the effective date of the resolution approving the allocation by the Land
Authority, and provided that there is at least two million dollars ($2,000,000.00) allocated to
the City of Key West fund in the FY24/25 MCLA budget, two million dollars
($2,000,000.00) upon the passage of the FY24/25 MCLA budget.
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Additionally, upon the approval of the Land Authority, two million eight hundred thousand
dollars ($2,800,000.00), for the City owned housing project located at 3401 Duck Avenue, is
requested to be allocated for FY 25/26.
Background
The Housing Authority of the City of Key West owns the property at 3400 Duck Avenue,
commonly known as Poinciana. Plaza Community, located in the single-family district. This
housing development consists of 153 deed restricted apartments that were part of a surplus
housing for the Navy and deeded tote Housing Authority through the Naval Base closure.
When the property was transferred tote Housing Authority,it was restricted so that the property
and existing units are to be used for affordable housing in perpetuity. The identified area on the
property is currently used for overflow parking and unimproved passive recreational use.
The original Housing Authority development project was slated to be used for transitional
housing for residents of the Lang B. Milan community to avoid displacement while that project
is being rebuilt. During recent discussions with the Housing Authority Executive Director, the
project has now changed and will no longer be used for those purposes,but instead will create 54
units that will be or Force Housing units for persons employed in the local economy and not
currently housed by Housing Authority residents. The 54 affordable its will consist of 13 its
to assist households up to 100% of the Median County Income and another 4 1 it that can house
household up to 120% of the County Median. The project is still pending approval of the BPAS
units to initiate the start of the project and will be reviewed by the Planning Board at their June
2024 meeting.
The City of Key West owns property at 3400 Duck Avenue, commonly known as Poinciana
Plaza, which currently consists of 13 buildings of affordable, permanent, supportive housing.
This property was part of surplus housing from the Navy and deeded to the City of Key West, as
legally appropriate under the Base Plan / Homeless Assistance submission, which was approved
by the Key West Local Redevelopment Agency(LRA) on September 16, 1997. The LRA signed
into a Master development / Long Term Lease Agreement with the Housing Authority of the
City of Key West to serve as the master developer and Lessee of the Poinciana site. This project
will consist of the demolition of existing units and construction of 16 newly constructed units.
BPAS units already exist on the property.
Procurement
Approval of the requested disbursements will reduce the available funds in the Monroe
County an Authority monies that are allocated for the City of Key West.
Recommendation
Respectfully request the City Commission approve the request tote Monroe County
Comprehensive Plan Land Authority to allocate funding in the amount of ten million dollars
($10,000,000.00) forte purpose of construction costs for the Housing Authority of Key West's
Poinciana Housing Project and an additional two million eight hundred thousand dollars
($2,800,000.00)in FY 25/26 for the City owned Homeless Assistance Project at Poinciana Plaza;
pursuant to Section 380.0666 (3)(A), Florida Statues.
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RESOLUTION NO. 01-2025
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY APPROVING
$2,000,000 FOR CONSTRUCTION FUNDING UPON KEY WEST
HOUSING AUTHORITY RECEIVING A LOAN COMMITMENT
FOR FUNDING FOR ENTIRE PROJECT AND $8,000,000 FOR
CONSTRUCTION FUNDING UPON RECEIPT OF BUILDING
PERMITS FROM THE CITY OF KEY WEST FOR THE KEY
WEST HOUSING AUTHORITY FOR BETWEEN 45 AND 54
AFFORDABLE RENTAL UNITS ON PROPERTY LEGALLY
DESCRIBED AS A TRACT OF LAND LYING ON THE ISLAND
OF KEY WEST, MONROE COUNTY, FLORIDA AND BEING
KNOWN AS A PORTION OF LOT 5, LOTS 6 THROUGH 12,
BLOCK 17, AND LOTS 1 THROUGH 8, A PORTION OF LOTS 9
THROUGH 12, BLOCK 18 AND LAND LYING NORTH OF SAID
BLOCKS AND BEING MORE PARTICULARLY DESCRIBED AS
SHOWN IN EXHIBIT A WITH ID# 00054250-000000 SUBJECT
TO A LAND USE RESTRICTION AGREEMENT (LURA); AND
AUTHORIZING THE CHAIRMAN TO EXECUTE DOCUMENTS IN
SUPPORT OF THE PROJECT.
WHEREAS, as evidenced by Resolution 24-137, the City of Key West (hereinafter KW) has
requested the Monroe County Comprehensive Plan Land Authority (hereinafter MCLA) provide
$10,000,000 to the Housing Authority of the City of Key West (hereinafter KWHA) to develop
between 45 and 54 new affordable housing units, known as the Poinciana Housing Project, on
land described in Exhibit A, in Key West at Poinciana Plaza (subject property); and
WHEREAS, KW has requested $8,000,000 be disbursed upon passage of this resolution and
the remaining $2,000,000 be disbursed upon the passage of the FY25 MCLA Budget; and
WHEREAS, Section 380.0666(3)(a), Florida Statues, empowers MCLA to utilize tourist impact
tax revenue in the KW fund toward the construction of affordable housing in Key West; and
WHEREAS, the KWHA has plans to develop between 45 and 54 affordable new housing units
for income eligible households whose income does not exceed 160 percent of the Area Median
Income in accordance with section 380.0666(3)(a), Florida Statues. The amount of units is to
be determined after KWHA seeks development approval from the City of Key West; and
WHEREAS, the Land Authority Advisory Committee considered this resolution at a meeting held
on September 25, 2024 and voted 5/0 to recommend approval; NOW, THEREFORE,
BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. MCLA hereby commits $10,000,000 in FY25 for construction funding for the Subject
Property to KWHA.
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Docusign Envelope ID:04D5D275-867E-4CF7-90A8-9BB9210EF9D8 to
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Section 3. MCLA will disburse $2,000,000 when KWHA receives and provides to the MCLA
Executive Director, a written loan commitment from a lender for the entire project cost and a
proforma showing the entire project cost, certified by a licensed design engineer or architect.
Section 4. MCLA will disburse the remaining $8,000,000 when KWHA provides MLCA with
written confirmation from the City of Key West indicating permits are ready for issuance for
between 45 and 54 new units.
Section 5. Upon acceptance of $2,000,000, the KWHA shall sign and record a Land Use
Restriction Agreement (LURA) shown in Exhibit A, restricting use of the subject property to
affordable housing in accordance with section 380.0666(3)(a), Florida Statutes in perpetuity.
Section 6. The Land Authority Chairman and Executive Director are hereby authorized to
execute documents in support of KWHA's funding.
Section 7. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regulaumen ting on this 16th day of October , 2024.
Wo
Commissioner Craig Cates Yes
g, Vice Chairwoman Michelle Lincoln e
Commissioner James Scholl Yes
Commissioner Holly Raschein Yes
Chairman David Rice Yes
u
(� ��u ..
ATTEST: MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Cynthia Digitally signed by
Y Cynthia Guerra
Guerra Date:2024.10.17
15:42:48.04'00'
Cynthia Guerra David P. Rice
Acting Executive Director Chairman
Approved as to form and legality
••Slgned by:
0V'OrtyL
regory ;'Oropeza, Esquire
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EXHIBIT "A"
THIS INSTRUMENT PREPARED
BY AND RETURN TO:
Gregory S.Oropeza,Esq.
Oropeza,Stones,&Cardenas,PLLC
221 Simonton Street
Key West,FL 33040
LAND USE RESTRICTION AGREEMENT
POINCIANA APARTMENTS KEY WEST,FLORIDA
PARCEL IDENTIFICATION NUMBERS 00054250-000000
THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made
and entered into as of the day of , 2024, between the HOUSING
AUTHORITY OF THE CITY OF KEY WEST (hereinafter "Grantor") 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. This Agreement pertains to the real property located on Key West,Florida bearing
Parcel Identification Number 00054250-000000 as more particularly described in Exhibit "A"
attached hereto and incorporated herein(the"Property").
B. In accordance with Land Authority Resolution No the
Land Authority approved financing in the amount of Ten Million and 00/100 Dollars
($10,0009000.00) for the purpose of development of affordable housing on the Property.
C. As a condition of extending a loan to Grantor for development of affordable
housing on the Property,Grantor has agreed that the 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, Grantor and Land Authority do hereby contract and agree as follows:
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, Grantor
hereby covenants and agrees as follows:
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1.01 The restrictions contained in this Article I shall not expire, shall run with the Property in
perpetuity and shall be binding upon Grantor, its successors,or assigns.
1.02 Use of the Property shall be restricted to the provision of affordable housing for families
or households whose income does not exceed 160% of the Area Median Income. Nothing
herein shall preclude Monroe County or any other entity providing affordable housing on
the Property from setting more restrictive income limits than those imposed by this
Agreement.
1.03 The Grantor 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 extended a loan to Grantor for the
Property as an inducement to the Grantor to restrict use of the Property to affordable housing in
perpetuity. In consideration of said Land Authority extension of a loan for the foregoing purposes,
the Grantor 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 Grantor,its tenants,and the residents of the 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 Grantor pertaining to occupancy of the 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 Grantor defaults in the performance of its obligations under this Agreement or breaches
any material covenant, agreement or warranty of Grantor set forth in this Agreement, and if such
default remains uncured for a period of thirty(30)days after written notice thereof shall have been
given by the Land Authority to Grantor,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 Grantor adopts a plan to correct or cure
the default and commences the correction within the thirty (30) day period (subject to any rights
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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 Grantor 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, Grantor and 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
Grantor: Housing Authority of the City of Key West
1400 Kennedy Drive
Key West, Florida 33040
Attention: Executive Director
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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.
Signature Pages Immediately Following
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COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
IN WITNESS WHEREOF, Grantor and 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: Grantor:
HOUSING AUTHORITY OF THE CITY OF
KEY WEST,FLORIDA
Print:
Address:
By:
Randall Sterling,Executive Director
Print:
Address:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by means of physical presence this
day of , 2024 by Randy Sterling as Executive Director of the Housing
Authority of the City of Key West,Florida. Said person is personally known to me or has produced
a valid driver's license as identification.
Notary Public; State of Florida
Print Name:
My Commission Expires:
My Commission No.:
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COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
IN WITNESS WHEREOF, Grantor and Land Authority have caused this Agreement to
be signed, sealed and attested on their behalf by duly authorized representatives, all as of the date
first set forth above.
WITNESSES: MONROE COUNTY COMPREHENSIVE.PLAN
LAND AUTHORITY
Print:
Address:
By:
David P. Rice,Chairman
Print:
Address:
Address: 1200 Truman Avenue, Suite 207
Key West,FL 33040
Approved as to form and legality [SEAL]
Gregory S. Oropeza, Esq.
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by means of physical presence
this day of , 2024, by David P. Rice, as Chairman of the MONROE
COUNTY COMPREHENSIVE PLAN LAND AUTHORITY,a land authority pursuant to section
380.0663(1),Florida Statutes and Monroe County Ordinance No.031-1986, on behalf of the Land
Authority. Said person is personally known to me or has produced a valid driver's license as
identification.
Notary Public; State of Florida
Print Name:
My Commission Expires:
My Commission No.:
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