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Home My WebLink AboutCorrective Land Use Restriction Agreement 04/01/2026 Dot#2539159 Bk#3375 Pet 1150 THIS INSTRUMENT PREPARED Recorded 4/10/2026 4:09 PM Page 1 of S BY AND RETURN TO: Gregory S.Oropeza,Esq. Filed and Recorded in Official Records of Oropeza,Stones&Cardenas,PLLC MONROE COUNTY KEG MADOL CPA 221 Simonton Street Key West,Florida 33040 305.294.0252 NOTE TO RECORDER: THIS CORRECTIVE LAND USE RESTRICTION AGREEMENT IS BEING RECORDED TO CORRECT A SCRIVENERS ERROR IN THE TITLE CAPTION OF THAT CERTAIN LAND USE RESTRICTION AGREEMENT DATED JUNE 30,2025,AND RECORDED ON JUNE 30,2025 IN OFFICIAL RECORDS BOOK 3333,PAGE 682,PUBLIC RECORDS OF MONROE COUNTY,FLORIDA. CORRECTIVE LAND USE RESTRICTION AGREEMENT SOUTH CLIFF AFFORDABLE HOUSING PROJECT 95295 OVERSEAS HIGHWAY, KEY LARGO,FLORIDA 33047 PARCEL ID NUMBER 00484390-000000 THIS CORRECTIVE LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made and entered into as of the _ ` day of , 2026, by MONROE COUNTY, FLORIDA (hereinafter "Grantor" or "County" , and their respective successors and assigns. RECITALS A. This Agreement pertains to a portion of real property located in Key Largo,Florida bearing Parcel.Identification Number 004843 90-000000, as the eleven (11) units depicted on Exhibit "A" located on the real property as more particularly described in Exhibit "B' attached hereto and incorporated herein (the "Property"). B. In accordance with Monroe County Resolution No.229-2025,the County approved financing in the amount of Six Million Eight Hundred Sixty-Seven One Hundred and 00/100 Dollars ($6,867,100.00) for the purpose of development of affordable housing on the Property. C. As a condition of extending financing to Grantor for development of affordable housing on the Property, Grantor has agreed 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 Grantor do hereby contract and agree as follows: Page 1 of 6 ARTICLE I COMPLIANCE WITH THE MONROE COUNTY AFFORDABLE TOURISM HOUSING PROGRAM REQUIREMENTS In order to comply with the County's requirements pursuant to Monroe County Resolution 544-2024, Grantor hereby covenants and agrees as follows: 1.01 The restrictions contained in this Land Use Restriction Agreement (LURA) shall not expire, shall run with the Subject Property and shall be binding upon the Grantor, its successors or assigns for a period of not less than ninety-nine (99) years. 1.02 Use of the Subject Property shall be restricted to the provision of affordable housing for households whose income does not exceed the affordable income limitations of s. 420.0004, Florida Statutes.. Nothing herein shall preclude the Grantor or any other entity providing affordable housing on the Subject Property from setting more restrictive income limits than those imposed by this Agreement. If Florida Statutes setting income limitations for affordable housing are amended from time to time, Grantor shall have the ability to utilize any portions of the Statute thereby amended, which may be less restrictive. 1.03 Use of the Subject Property shall be further restricted to qualified employees of Private Sector Tourism-Related Businesses who meet the affordable income qualifications in this LURA and who possess no ownership interest in a residential property in Monroe County or the contiguous counties of Miami-Dade and Collier counties. 1.04 Private Sector Tourism-Related Businesses shall mean 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 (NAICS) 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. 1.05 Grantor is responsible for ensuring compliance with the restrictions in this LURA and expressly agrees to furnish, upon the County's request, written certification thereof. ARTICLE II CONSIDERATION In addition to other purposes, the Grantor has received County funding for the purchase of the Subject Property as an inducement to the Grantor to restrict use of the Subject Property to affordable housing for the term specified in Article I. In consideration of said funding for the foregoing purposes, the Grantor has executed this Agreement. Page 2 of 6 ARTICLE III RELIANCE In performing its duties hereunder, the County may rely upon statements and certificates of the Grantor, 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 Grantor 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 Grantor defaults in the performance of its obligations under this Agreement or breaches any material covenant, agreement or warranty of the 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 County to the Grantor, then the County or its designee 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 Grantor 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 County 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 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, the Grantor and the County and their respective successors and assigns during the term of this Agreement. Page 3 of 6 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. Grantor: Monroe County 1100 Simonton Street Key West, Florida 33040 Attention: County Administrator Monroe County: Monroe County 1100 Simonton Street Key West, Florida 33040 Attention: County Administrator Monroe County Office of County Attorney 1111 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. Page 4 of 6 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 5 of 6 SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT 95295 OVERSEAS HIGHWAY,KEY LARGO,FLORIDA 33047 PARCEL ID NUMBER 00484390-000000 IN WITNESS WHEREOF, the County and the Grantor 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 (��' tl dvl tio Print: JocftAA ,tlD..vlrlry t4ar oyamy4,..aWs,N6C,f•:u>mnlo-..r.Nl.n•..u.,.rr,i...,,..•. JL Yam' yi,Mroal Address: if 72f0 ov6si Ac i/ ((-3 1,4NLA-Tkiad ,�• 4 W1 MY tl4kA MI[LI IIIMUrvII•G.,n u, ,I.luin4 w•,. ytr11 S , aSv,.. y .lyl atyd1�U•ieN%410. >.wmw, -�@u B • L/N,v-T ti• c n✓.,! Mayor Michelle Lincoln �'�` - tint: $�`'-i �'� ��j �V I .Address: 7 0. c .i les � �. � � A 1 ,fir Address: 1100 Simonton Street r - Key West, FL 33040 Approved as to form and legality [SEAL] Approved for form and legal sufficiency Digitally signed by Robert B. , Esq. Robert B. Shillinger,Jr Shillinger,Jr. By: Date:2026.04.01 10:24:54-04'00' STATE OF FLORIDA Robert B. Shillinger, Jr. CountyAttorney COUNTY OF MONROE The foregoing instrument was acknowledged before me by means of physical presence this day ofy Michelle Lincoln, as Mayor of MONROE COUNTY, Florida. Said person is personally known to me or has produced a valid driver's license as identification. kit4- t 46 Notary Public; State • Florida . A Print Name: Kaa,e.i � ti > My Commission Expire : I U 3 ‘;:?-0230 My Commission No.: HWrt3 33 31 Notary Public State of Florida t. . Kacey M. Hunt My mision HH 773339 ExpireCom 43173 s 3113/201437339 30 • Page 6 of 6 Dec.#2390470 Page Number:14 of 25 , N , BUILDING 44 BUILDING 18 22300465 ,22300469 BUILDING 3 UNITS 1&2 UNITS 1&2 0 21301890 95295 Overseas Hwy. 95295 Overseas Hwy. , UNITS 1 3&4 2 BED 2.5 BATH LOW 2 BED 2.5&CH ,Z , MEDIAN ,BUILDING 49 95295 Overseas*, BUILDING 45 18E0 1 BATH 22303466 , , 2303470 LOW UNITS 1&2 BUILDING 412 UNITS 1&2 95295 Overseas Hwy. 22300473 95295 Overseas Hwy. OFFICFJCABANA 2 BED 25 BATH 2 BED 2,5 RAM i MEDIAN MEDIAN 111111§211:1111%111111:11111:11$10 Ili 1 1 11, nem ow , 9 rommill, .,...,..................,..............._.___._.., _............. , ......._ , , ....... . 11111. , : 1111 t imh.L , IIII '741 I 1111 fill ii — 1111 I 1 III —-- Mit ''., 1111 ' ' . , ' , ' . ME lliiiii—Ill — Pah. ___...„... . -... ,....., _ , II..V , v V- I. ' i ' "MI' 111111111 suiLDING#2 r ' i . I - BUILDING 07 BUILD,G RI 213(11889 1 1. is. 22303468 1' ...., UNITS 1,2,3, 4 UNITS1&2 UNITS'&2 95295 eiefse Hwy. , ,tvisnina a . 95295 Oveisei Hw I %BS' ' rseas Hwy. R, , 1 8E1)1 BATH . 1. LOW 1 BUILD!G 10 3 MEDIAE. ''5'BATH ii -'BUILDING 06 2MEDIAN8ED15 BA ' # I' ,. Lilo art' BUILDING 41 22300457 2 still U9s2s5NITS low&2rseall by. ' i• • - ... 'Ili 21301888 UNITS,&2 95295 i ,.-as Hvty, 2 BED 2.5 BATH 1 95295CkatS. Mwy. 3 BED;3 BATH MEDIAN I , 1BED1BA1H MED . 1 1 yr. itermitilf . ,. Noir am UT - • ! t , SITE PLAN EX-1151 A • , NTS ! , , . .1 Exhibit B Lots 1 and 2,Block 1,REVISED PLAT OF SUNRISE POINT,according to the plat thereof,as recorded in Plat Book 3,Page 11,of the Public Records of Monroe County,Florida. AND The Northwesterly 720 feet of the following described parcel of land:A portion of Tract 6,according to the Plat of Southcliff Estates on Key Largo and recorded in Plat Book 2,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,Page 67,of the 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,Page 11, of the 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. Parcel Identification Number:00484390-000000 File Number:24-606