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Home My WebLink AboutItem 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 July 15, 2026 Agenda Item Number: F3 26-32289 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 described as Block 1,Lot 6, Sam-N-Joe(PB 3-76),on Big Pine Key,having Parcel ID# 003 0015 0-000000, to Monroe County; Committing to lease the subject property to Habitat for Humanity of Key West and Lower Florida Keys, Inc. for development with affordable housing; and 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 Key West and the Lower Florida 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 the conveyance of the Subject Property to the County will be paid by the Land Authority. Habitat for Humanity of Key West and the Lower Florida Keys, Inc. reviewed the Subject Property and commits to developing the site for Affordable Housing consistent with the Land Authority requirements. PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: BOCC Proposed Resolution 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: No If yes, amount: Grant: No County Match: No Approvalresolution requesting that the Monroe County ComprehensiveLan Authority convey real property describeds Block 1, Lot 6, Sam- -Joe (PB 3-7 ), on Big Pine Key, havingParcel ID# 00300150-000000, to Monroe County; Committing to lease the subject property to Habitat for Humanity of Key West and Lower Florida . for development with affordablehousing; and authorizingr to signLand Use Restriction ree e t (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 DESCRIBED AS BLOCK 1, LOT 6, SAM-N-JOE (PB 3-76)9 ON BIG PINE KEY, HAVING PARCEL I D# 00300150-0000009 TO MONROE COUNTY; COMMITTING TO LEASE THE SUBJECT PROPERTY TO HABITAT FOR HUMANITY OF KEY WEST AND LOWER FLORIDA KEYS, INC. FOR DEVELOPMENT WITH AFFORDABLE HOUSING; AND AUTHORIZING THE MAYOR TO SIGN A LAND USE RESTRICTION AGREEMENT (LURA). WHEREAS, Board of County Commissioners ("BOCC") desires the Monroe County Land Comprehensive Plan Land Authority ("Authority") to convey a property located at 30921 Bailey Road in Big Pine Key, having Parcel ID # 00300150-000000 and legal description of Block 1, Lot 6, Sam-N-Joe, according to the map or plat thereof, as recorded in Plat Book 3, Page(s) 76 of the Public Records of Monroe County, Florida; 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 of Humanity of Key West and Lower Florida Keys, Inc. requested this lot so they can develop an individual single-family home on the Subject Property; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSION 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 Land Authority. Section 3. The BOCC hereby commits to lease the Subject Property to Habitat for Humanity of Key West and Lower Florida Keys, Inc. 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 Commissioners at a regular meeting on this day of , 2026. Mayor Michelle Lincoln Mayor Pro Tern David Rice Commissioner Craig Cates Commissioner James K. Scholl Commissioner Holly Merrill Raschein (Seal) ATTEST: KEVIN MADOK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY By: By: Deputy Clerk Mayor Michelle Lincoln MONROE COUNTY ATTORNEY APPROVED AS TO LEGAL FORM & SUFFICIENCY: Digitally signed by Jeni-Lee Jeni-Lee MacLaughlin MacLaughlin Date:2026.07.02 11:09:05-04'00' 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 30921 BAILEY ROAD BIG PINE KEY, FLORIDA 33042 PARCEL ID NUMBER 00300150-000000 THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made and entered into as of the day of ,2026,between the MONROE COUNTY, FLORIDA (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 affordable housing site has a property address of 30921 Bailey Road, Big Pine Key, Florida 33042 and more particularly described as follows: Lot 6, Block 1, Sam-N-Joe, according to the map or plat thereof, as recorded in Plat Book 3, Page 76, of the Public Records of Monroe County, Florida. B. The County has adopted Resolution -2026 nominating the Subject Property for purchase by the Land Authority, with subsequent conveyance to the County as an affordable housing site. C. In accordance with Land Authority Resolution 04-2026, the Land Authority has conveyed the Subject Property to the County to be used as affordable housing. D. As a condition of receiving said Land Authority funding, the County has agreed that 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 the Land Authority do hereby contract and agree as follows: ARTICLE I Page 1 of 6 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, Monroe 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, its successors or assigns. 1.02 Use of the Subject Property shall be restricted to the provision of affordable housing for households whose income does not exceed 160% of the Area Median Income, pursuant to Florida Statutes Section 3 80.0666, as amended from time to time. 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 In addition to other purposes, the Land Authority has provided funding for the purchase of the Subject Property 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. 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 Page 2 of 6 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. Land Authority: Monroe County Land Authority 1200 Truman Avenue, Suite 207 Key West, FL 33040 Attention: Executive Director Monroe County: Monroe County 1100 Simonton Street Page 3 of 6 Key West, Florida 33040 Attention: County Administrator Monroe County Office of County Attorney PO Box 1026 Key West, Florida 33041 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 30921 BAILEY ROAD BIG PINE KEY, FLORIDA 33042 PARCEL ID NUMBER 00300150-000000 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, Florida Print: By• Mayor Print: Address: 1100 Simonton Street Key West, FL 33045 Monroe County Attorney's Office Approved as to legal form and sufficiency: [SEAL] Jeni-Lee MacLaughlin Assistant County Attorney STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me by means of physical presence this day of , 2026 by as Mayor of Monroe County, 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.: Page 5 of 6 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT 30921 BAILEY ROAD BIG PINE KEY, FLORIDA 33042 PARCEL ID NUMBER 00300150-000000 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 [SEAL] Approved as to form and legality 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 , 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. 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