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Home My WebLink AboutLand Use Restriction Agreement 12/15/2025 Doc#2525433 Bk#3357 Pg#2485 Electronically Recorded 12/15/2025 at 9:52 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 Two Lots in Hibiscus Park Subdivision 15 and 17 Hibiscus Lane Ocean side of Key Largo near MM 101 Legal: Block 2,Lots 8 and 9, Hibiscus Park(PB 3-166) Parcel ID#00507510-000000 and 00507520-000000 THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made and entered into as of the 15th day of December , 2025, between MONROE COUNTY (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 site is legally described as: Block 2, Lots 8 and 9, Hibiscus Park Subdivision as recorded in Plat Book 3, Page 166 of the Public Records of Monroe County, Florida (hereinafter "Subject Property"). The Subject Property has street addresses of 15 and 17 Hibiscus Lane in Key Largo, Florida and Parcel ID#s 00507510-000000 and 00507520-000000 B. The County has adopted Resolution 084-2024 nominating the Subject Property for purchase by the Land Authority,with subsequent conveyance to the County for affordable housing. C. The Land Authority has adopted Resolution 06-2024 authorizing purchase of the Subject Property. D. As a condition of the Land Authority purchasing the Subject Property, the County has agreed that the Subject Property shall only be used consistent with Florida Statutes 380.0666 (3)(a) for affordable housing and shall be leased to Habitat for Humanity of the Upper Keys, Inc. 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 Doc.#2525433 Page Number: 2 of 6 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, the 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. 1.02 Use of the Subject Property shall be restricted to affordable housing consistent with Section 380.0666, Florida Statute which requires family income to be less than 160% of area median income. 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 The Land Authority has paid over $530,000 to purchase the Subject Property for the County and 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. Page 2 of 6 Doc.#2525433 Page Number: 3 of 6 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 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. Page 3 of 6 Doc.#2525433 Page Number: 4 of 6 Land Authority: Monroe County Land Authority 1200 Truman Avenue, Suite 207 Key West, FL 33040 Attention: Executive Director County: Monroe County 1100 Simonton St Key West, FL 33040 Attention: County Administrator Monroe County Office of County Attorney 1111 12th Street, Suite 408 Key West, FL 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 Doc.#2525433 Page Number: 5 of 6 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT Two Lots in Hibiscus Park Subdivision 15 and 17 Hibiscus Lane Ocean side of Key Largo near MM 101 Legal: Block 2,Lots S and 9,Hibiscus Park(PB 3-166) Parcel ID# 00507510-000000 and 00507520-000000 IN WITNESS WHEREOF, County 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 nt: J05*4A �. BAfti Mayor Print:_ C" .r.a Address: 1100 Simonton Street Key West, Florida 33040 Approved as to form and legality Digitally signed by Jeni-Lee41 Jeni-Lee MacLaughlin r� MacLaughlin Date:2025.11.1909:4614-05.00' N mAMy CLERK Jeni-Lee MacLaughlin Assistant County Attorney �� - 1SDEPUTY CLERK s �fFm •-� `" r„ STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me by means of [physical presence or [. ] online notarization this 9 day of 2025, by �'�,e /-Ineojn as Mayor of Monroe County. Said person is personally known to me or has produced a valid driver's license as identif do Notary ublic; Statc of Florida Print Name: K a4A.11 My Commission Expires: / My Commission No.: . Notary Public State of Florida Ak My Comm ssionnt 11i1 HM 236223 Exp,3113/2026 Page 5 of 6 Doc.#2525433 Page Number: 6 of 6 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT Two Lots in Hibiscus Park Subdivision 15 and 17 Hibiscus Lane Ocean side of Key Largo near MM 101 Legal: Block 2, Lots 8 and 9,Hibiscus Park(PB 3-166) Parcel ID#00507510-000000 and 00507520-000000 IN WITNESS WHEREOF, the County and the Land Authority have caused this Agreement to be signed, sealed and attested on their behalf by duly authorized representatives, all as of the date first set forth above. WITNESSES- MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Print: 1 � ►� ��p �7 F f '�-- David P. Rice, Chairman Print:. Address: 1200°,m Yan Avenue, Suite 207 3040 Approved as to form and legality Gregory S. Oropeza, Esq. 4.�"8lf t6ta9f°'� STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me by means of[ ical presence or [ ] online notarization this � ^-day of 2025, by David P. Rice, as Chairman of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY,a land authority pursuant to section 380.0663(1), Florida Statutes and Monroe County Ordinance No. 031-1986,on behalf of the Land Authority. Said persow ' to me or has produced a valid driver's license as identification. Notary Public- State of Florida Print Name: �pr P�••., DINA ANN GAMBUZ A My Commission Expires: j j�n =l °,". Notary public-State of Ronda My Commission No.: �� :o� 2 i� Commission#HH 424218 of"F`° My Comm.Expires Sep 17,2027 Bonded through National Notary Assn. Page 6 of 6