HomeMy WebLinkAboutItem F03 COUNTY of MONROE BOARD OF COUNTY COMMISSIONERS
� Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tern David Rice,District 4
y Craig Cates,District 1
James K. Scholl,District 3
� «
Holly Merrill Raschein,District 5
Regular Meeting
May 20, 2026
Agenda Item Number: F3
26-6297
BULK ITEM: Yes DEPARTMENT: County Land Acquisition and Land
Management
TIME APPROXIMATE: STAFF CONTACT: Cynthia Guerra
AGENDA ITEM WORDING: Approval of a Resolution requesting that the Monroe County
Comprehensive Plan Land Authority convey real property with legal description Block 4, Lots 5 and
12, Amended Plat of Key Largo Park (PB 3-62), on Key Largo, having Parcel ID# 00523890-000000
and 00523960-000000 to Monroe County; committing to lease the subject property to Habitat For
Humanity Of The Upper Florida Keys, Inc. for development with affordable housing; authorizing the
Mayor to sign a Land Use Restriction Agreement (LURA).
ITEM BACKGROUND:
Land Authority staff are recommending that the Subject Property be conveyed to the County and then
leased to Habitat for Humanity of the Upper Keys, Inc. for affordable housing development, subject to
a Land Use Restriction Agreement(LURA) to maintain compliance with the Land Authority's statute.
The closing costs for conveyance of the Subject Property to the County will be paid by the Land
Authority.
Habitat for Humanity of the Upper Keys, Inc. reviewed the Subject Property and committed to
developing the site for Affordable Housing consistent with Land Authority requirements.
PREVIOUS RELEVANT BOCC ACTION: N/A
INSURANCE REQUIRED: Yes
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Proposed BOCC Resolution final
Aerial Photograph
FINANCIAL IMPACT: N/A
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Approvalirequesting the Monroe County Comprehensivel Lan
Authority convey real property withdescription lock 4, Lots 5 and 12,Amended Plat
of Key Largo (PB 3- ), on Key Largo, having Parcel ID# 00523890-000000
- to MonroeCounty; committing to lease the subject-property to Habitat
r Humanity Of The Upper Floridas, Inc. for development with e housing;
authorizing the Mayor to sign a Land Use Restriction Agreement(LURA).
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSION REQUESTING THAT THE
MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY CONVEY REAL PROPERTY WITH LEGAL
DESCRIPTION BLOCK 4, LOTS 5 AND 12, AMENDED
PLAT OF KEY LARGO PARK (PB 3-62), ON KEY LARGO,
HAVING PARCEL I D# 00523890-000000 AND 00523960-
000000 TO MONROE COUNTY; COMMITTING TO LEASE
THE SUBJECT PROPERTY TO HABITAT FOR HUMANITY
OF THE UPPER FLORIDA KEYS, INC. FOR
DEVELOPMENT WITH AFFORDABLE HOUSING;
AUTHORIZING THE MAYOR TO SIGN A LAND USE
RESTRICTION AGREEMENT (LURA).
WHEREAS, the Board of County Commissioners (hereinafter "BOCC") desires the
Monroe County Land Authority (hereinafter "Authority") to convey Block 4, Lots 5 and
12, Amended Plat of Key Largo Park (PB 3-62) with Parcel I D# #00523890-000000 and
00523960-000000 (hereinafter "Subject Property") for affordable housing to the BOCC;
and
WHEREAS, use of the Subject Property for affordable housing is consistent with the
policies of the County's Comprehensive Plan and Land Development Regulations; and
WHEREAS, Habitat for Humanity of the Upper Florida Keys, Inc. (hereinafter "Habitat")
requested the lots so they can develop two (2) single-family homes on the Subject
Property.
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY THAT:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. The BOCC hereby requests the Subject Property be conveyed to the BOCC
by the Authority.
Section 3. The BOCC hereby commits to lease the Subject Property to Habitat for
development with affordable housing.
Section 4. The Mayor is hereby authorized to execute the Land Use Restriction
Agreement (LURA) shown in Attachment "A" restricting use of the Subject Property to
affordable housing in accordance with Section 380.0666 (3)(a), Florida Statutes.
Section 5. This resolution shall take effect immediately upon its adoption.
Page 1 of 2
PASSED AND ADOPTED by the Monroe County Board of County Commission at a
regular meeting on this day of May, 2026.
Mayor Michelle Lincoln
Mayor Pro Tem David Rice
Commissioner Craig Cates
Commissioner James K. Scholl
Commissioner Holly Merrill Raschein
(Seal)
ATTEST: KEVIN MADOCK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: BY:
Deputy Clerk Mayor Michelle Lincoln
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
eni- ee
Digitally signed by Jeni-Lee
MacLaughlin
M a c La u g h i n Date:2026.05.08 15:17:20-04'00'
Jeni-Lee MacLaughlin,
Assistant County Attorney
Page 2 of 2
Attachment "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
Two Lots in the Key Largo Park Subdivision
Miami Drive and Hibiscus Drive Bay side of Key Largo near MM 100
Legal: Block 4, Lots 5 and 12,Amended Plat of Key Largo Park (PB 3-62)
Parcel ID#s 00523890-000000 and 00523960-000000
THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made
and entered into as of the day of , 2026, between MONROE COUNTY
(hereinafter "County") and the MONROE COUNTY COMPREHENSIVE PLAN
LAND AUTHORITY, a land authority pursuant to section 3 80.0663(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 4, Lots 5 and 12, Amended Plat of Key Largo Park as recorded in Plat Book
3, Page 62 of the Public Records of Monroe County, Florida (hereinafter "Subject
Property"). The Subject Property is located on Miami Drive and Hibiscus Drive in
Key Largo, Florida with Parcel ID#s 00523890-000000 and 00523960-000000
B. The County has adopted Resolution -2026 requesting the Land Authority
convey the Subject Property to the County.
C. The Land Authority has adopted Resolution 03-2026 authorizing the conveyance
of the Subject Property to the County.
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
ARTICLE I
COMPLIANCE WITH LAND AUTHORITY REQUIREMENTS
In order to comply with the Land Authority's requirements pursuant to Section
3 80.0663(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
3 80.0666, 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 $289,000 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
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
Land Authority: Monroe County Land Authority
1200 Truman Avenue, Suite 207
Key West, FL 33040
Attention: Executive Director
County: Monroe County
1100 Simonton Street
Key West, FL 33040
Attention: County Administrator
Monroe County Office of County Attorney
P.O. Box 1026
Key West, FL 3 3 041-1026
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
Two Lots in the Key Largo Park Subdivision
Miami Drive and Hibiscus Drive Bay side of Key Largo near MM 100
Legal: Block 4, Lots 5 and 12,Amended Plat of Key Largo Park (PB 3-62)
Parcel ID#s 00523890-000000 and 00523960-000000
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
Print:
By:
Mayor
Print:
Address: 1100 Simonton Street
Key West, Florida 33040
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
Jeni-Lee Digitally signed byJeni-Lee
MacLaughlin
MacLaughlin Date:2026.05.08 15:16:33-04'00'
Jeni-Lee MacLaughlin
Assistant County Attorney
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by means of[ ] physical presence
or [ ] online notarization this day of , 2026 by
as Mayor of Monroe County. 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.:
Page 5 of 6
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
Two Lots in the Key Largo Park Subdivision
Miami Drive and Hibiscus Drive Bay side of Key Largo near MM 100
Legal: Block 4, Lots 5 and 12,Amended Plat of Key Largo Park (PB 3-62)
Parcel ID#s 00523890-000000 and 00523960-000000
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:
By•
David P. Rice, Chairman
Print:
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
or [ ] online notarization this day of , 20261 by David P. Rice, as
Chairman of the MONROE COUNTY COMPREHENSIVE 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 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.:
Page 6 of 6
Block 4, Lots 5 and 12, Amended Plat of Key Largo Park
Key Largo
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