Resolution 116-2016RESOLUTION NO. 116 -2016
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
ESTABLISHING AN INTERIM ADMINISTRATIVE FEE OF
$400.00 APPLICABLE TO FOUR (4) EXISTING MONROE
COUNTY AFFORDABLE HOUSING GROUND LEASES.
WHEREAS, the State of Florida and Monroe County recognize the need for affordable
housing throughout the state and particularly in the Florida Keys; and
WHEREAS, the Monroe County Board of County Commissioners recognizes that the
challenge of providing affordable housing opportunities in the Florida Keys is one requiring
sensible use of financial resources; and
WHEREAS, the Monroe County Board of County Commissioners wishes to provide the
citizens of Monroe County with the best possible service in the most cost effective and reasonable
manner; and
WHEREAS, Monroe County and Park Village, LLC, entered into an affordable housing
ground lease on July 19, 2006 ( "Park Village" lease), as recorded at Book 2242, Page 754, of the
Official Records of Monroe County; and
WHEREAS, Monroe County and Islander Village, LLC, entered into an affordable housing
ground lease on April 18, 2007 ( "Islander Village" lease), as recorded at Book 2301, Page 365, of
the Official Records of Monroe County; and
WHEREAS, Monroe County and Blue Water Workforce Housing, LLC, entered into an
affordable housing ground lease on February 20, 2008 ( "Blue Water" lease), as recorded at Book
2353, Page 527, of the Official Records of Monroe County; and
WHEREAS, Monroe County and Habitat for Humanity of the Upper Keys, Inc., entered
into an affordable housing ground lease on May 20, 2009 ( "Mandalay" lease), as recorded at Book
2414, Page 490, of the Official Records of Monroe County; and
WHEREAS, Monroe County and Habitat for Humanity of the Upper Keys, Inc., entered
into an affordable housing ground lease on May 20, 2009 ( "Harbor Shores" lease), as recorded at
Book 2426, Page 355, of the Official Records of Monroe County; and
WHEREAS, Monroe County and Overseas Redevelopment, LLC & Flagler Village
Limited Partnership, Ltd., entered into an affordable housing ground lease and revised sub -lease
agreement on October 21, 2009, as recorded at Book 2438, Page 202 ( "Flagler Village" lease), of
the Official Records of Monroe County; and
WHEREAS, Monroe County and Habitat for Humanity of Key West and Lower Florida
Keys, Inc., entered into an affordable housing ground lease and second amendment to ground lease
on March 18, 2015 ( "Big Coppitt" lease), as recorded at Book 2431, Page 739, and at Book 2737,
Page 1602, of the Official Records of Monroe County; and
WHEREAS, Monroe County and Habitat for Humanity of Key West and Lower Florida
Keys, Inc., entered into an affordable housing ground lease on November 17, 2015 ( "Cudjoe"
lease), as recorded at Book 2784, Page 1567, of the Official Records of Monroe County; and
WHEREAS, the Park Village, Islander Village, Blue Water, and Flagler Village leases
( "existing leases ") each contain provisions ( "Administrative Fee" or "Administrative Fee
Provision ") providing that selling affordable housing unit owners shall pay the County, at the time
of closing, an administrative fee of one and one -half percent (1 %2 %) of the purchase price for
review of the contract and coordinating the closing on the affordable housing unit; and
WHEREAS, at the Board's February 10, 2016, public meeting, the Board officially directed
Monroe County Planning & Environmental Resources staff to develop a flat -fee specifically to
cover the County's qualification of affordable housing occupants, and to amend all eight (8) of the
aforesaid leases thereto; and
WHEREAS, the Planning & Environmental Resources Department is currently developing
such a flat -fee and is in the process of amending all eight (8) of the aforesaid affordable housing
ground thereto; and
WHEREAS, since the Board's February 10, 2016, official direction for staff to develop and
implement such a flat -fee and amend each of the aforesaid leases thereto, the Planning &
Environmental Resources Department has received requests to waive the present effective one and
one -half percent (1 1 /2 %) Administrative Fee during this interim planning period; and
WHEREAS, the Monroe County Board of County Commissioners finds that, with respect
to the four (4) existing leases such containing administrative fee provisions, it would be the most
sensible, cost - effective, and reasonable use of financial resources in addressing the need for
affordable housing in the Florida Keys and would be in the best interest of the public to charge a flat
interim administrative fee of $400.00 or the otherwise applicable 1 1 /2% fee, whichever is less, to
cover the County's qualification of affordable housing occupants in the interim planning period
during which staff develops such a flat fee and amends all eight (8) of the aforesaid leases thereto;
and
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1 .: The foregoing recitals are true and correct and are hereby incorporated as
if fully stated herein.
Section 2 .: Monroe County Planning & Environmental Resources Department staff shall
apply a flat interim administrative fee of $400.00, or apply the otherwise
applicable 1 1 /2% fee, whichever is less, to the Park Village, Islander Village,
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Blue Water, and Flagler Village affordable housing developments' leases
with the County, in order to cover the County's qualification of affordable
housing occupants.
Section 3 .: Monroe County & Planning & Environmental Resources staff is directed to
implement this interim fee retroactive to the Board's prior official direction
of February 10, 2016. All affordable housing unit sales of which the County
has received notice otherwise requiring payment of said Administrative Fee
since that February 10, 2016, official Board direction, shall be treated as
subject to this interim administrative fee.
Section 4. : Application of this Resolution's interim flat $400.00 fee or 1 1 /2% fee,
whichever is less, shall terminate, with respect to each individual above -
referenced affordable housing development lease, upon the recorded
amendment of each individual above - referenced affordable housing
development lease inserting a final flat administrative fee provision.
Section 5. : This Resolution shall become effective immediately upon its adoption by the
Monroe County Board of County Commissioners.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at
a regular meeting of said Board on this 18' day of May, 2016.
Mayor Heather Carruthers Yes
Mayor Pro Tern George Neugent Yes
Commissioner Danny L. Kolhage Yes
Commissioner David Rice Yes
Commissioner Sylvia J. Murphy Yes
BOARD OF COUNTY COMMISSIONERS OF MONROE A;k7 A
\AIL\ By
Mayor Heatyer C ers
HEAVILIN, CLERK
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Monroe County Attorney
Approved as to Form:
I:
Peter H. Morris, Assistant County Attorney
MONROE COUNTY TTORNEY
A P OV D AS O JM:
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ASSISTANT CO,UNI TTORNEY
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