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Item L6BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 19, 2009 Division: Monroe County Clerk Bulk Item: Yes x No _ Department: Administration Staff Contact Person/Phone: Pam Hancock/295-3130 AGENDA ITEM WORDING: Consideration to rescind Agenda Item K7 from the April 19, 2006 BOCC meeting; a Letter of Understanding with the Florida Department of Community Affairs recognizing the number of affordable dwelling unit allocations available for use in Agreement with developers. ITEM BACKGROUND: This item was executed by the Clerk's Office on April 25, 2006. Growth Management forwarded the document to DCA to sign on April 28, 2009 via certified mail. To date, the Clerk's Office has not received a fully executed original back. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval. TOTAL COST: COST TO COUNTY: INDIRECT COST: REVENUE PRODUCING: Yes No APPROVED BY: County Atty _ DOCUMENTATION: Included DISPOSITION: Revised 1/09 BUDGETED: Yes No SOURCE OF FUNDS: AMOUNT PER MONTH Year OMB/Purchasing Not Required Risk Management AGENDA ITEM # DANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: April 25, 2006 TO: Rhonda Norman, Acting Director Growth Management Division ATTN.• Mayra Tezanos Executive Assistant FROM: Pamela G. Hanc ck Deputy Clerk At the April 19, 2006, Board of County Commissioner's meeting the Board granted approval and authorized execution Letter of Understanding (LOU) between Monroe County and the Florida Department of Community Affairs (DCA) recognizing the number of affordable dwelling unit allocations available for use in Agreements with developers. Enclosed are three duplicate originals, executed on behalf of Monroe County, for your handling. Please be sure to return the fully executed "Monroe County Clerk's Office Original" and the "Monroe County Finance Department's Original" as soon as possible Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance w/o document File,/ /0/IS Jo7 4W-9 1 AV- v ' l&-4�- AA ."t .U. 4.4, C rt C UNTY jo'�MONROE KEY WESTLORIDA 33040 (305) 294-4"1 Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tem Murray E. Nelson, District 5 George Neugent, District 2 David P. Rice, District 4 Dixie M. Spehar, District 1 SENT VIA CERTIFIED MAIL RETURN RECEIPT April 28, 2006 Ms. Rebecca Jetton Department of Community Affairs 2555 Shuman Oak Boulevard Tallahassee, Florida 32399 RE: Letter of Understanding recognizing the number of affordable dweliling unit allocations Dear Ms. Jetton: Enclosed please find three (3) duplicate originals of the Letter of Understanding (LOU) between the Department of Community Affairs and Monroe County recognizing the number of affordable housing dwelling unit allocations available for use in agreements with developers. I umuld appreciate your assistance in obtaining Secretary Cohen's signatures on these documents and returning the tum copies marked "Monroe County Clerk's Office Original" and "Monroe County Finance Department's Original' to my attention. Thank you so much for your cooperation in getting this accomplished. If you have any questions, please contact me at (305) 289-2517. Sincerely, Mayra Tezanos,rxet* a sistant Growth Management Division Enclosures / mt cc: Ty Symroski, Director of Growth Management Jerry Sanders, Assistant County Attorney Aref Joulani, Director of Planning and Environmental ounces Belle DeSantis, Deputy Clerk (w/o enclosures) C )UNTY jo'�MONROE KEY WESTLORIDA 33040 (305)294-4641 elm of ffm eou dv aaag t # 502 U te&ad Street, `.Reax. 91*ot Ogice Sox 1026 MV `iDeet, 5B 33041-1026 (305) 292-347C April 19, 2006 The Honorable Thaddeus L. Cohen, Secretary Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 McCoy,Mayor Charles 'Sonny" District Mayor Pro Tem Murray E. Nelson, DistriA IRV David P. Rice, District 4 v `'y •E Re: Letter of Understanding ("LOU") between Monroe County, a political subdivision of the State of Florida ("Monroe County") and the Florida Department of Community Affairs the "Department') Dear Secretary Cohen: This LOU sets forth the parties' recognition of the affordable dwelling unit allocations that Monroe County now has immediately available for assignment to or reservation for award with respect to the construction or preservation of affordable housing in Monroe County. The parties recognize that Monroe County has initiated drafting of new land development regulations ("LDR's") aimed at, among other things, preserving the affordable housing stock existing in mobile home parks throughout the Florida Keys. These initiatives include, but are not expected to be limited to certain potential exchange agreements with property owners and holders of ROGO-exempt mobile home dwelling unit development rights whereby Monroe County may award portions of its immediately available affordable dwelling unit allocations to certain property owners who agree with Monroe County to satisfactory long-term commitments of existing sites to affordable housing use. It is contemplated that such agreements will provide for, among other things, ownership of underlying land by Monroe County or its designee, reconstruction or rehabilitation of affordable units on site to current applicable building and safety code standards, imposition of long-term deed restrictions relating to sale and resale prices for affordable ownership units and allowable rates for affordable rental units, and rights of first refusal in favor of Monroe County or its designee with respect to future unit sales. As full or partial compensation to property owners under such agreements, it is contemplated that participating owners will be permitted to transfer from the acquisition sites a certain number of the existing market rate ROGO-exempt dwelling unit rights for permitting of residential construction of those units on one or more other sites within Monroe County, including sites in one or more municipalities of the County. An agreed number of Monroe County's immediately available affordable dwelling unit allocations recognized under this Secretary Thaddeus L. Cohen Letter of Understanding April 19, 2006 Page Two LOU would be allocated to the sender acquisition site under such agreements. In other contemplated agreements, owners of properties upon which there are now no ROGO-exempt dwelling units would receive an agreed number of the allocations recognized under this LOU for construction of new affordable housing units, subject to deed restrictions of essentially the same nature as described above. As the Department must approve such agreements, either by joining as a party to those agreements or by way of subsequent administrative review and approval of those agreements, the Department and Monroe County deem it appropriate that they should, before proceeding further in furtherance of the described housing initiatives, commemorate their mutual understanding as to the number of immediately available affordable dwelling unit allocations that Monroe County may award as the date hereof, both with respect to implementing such agreements and with respect to any other affordable unit permitting that may be done pursuant to existing authority contained in Monroe County's Comprehensive Plan and LDRs. Therefore, the parties recognize that as of the date hereof, based upon the Department's prior release to Monroe County for immediate use of 165 affordable dwelling unit allocations, and also the 71 regularly available annual affordable allocations that became available in the current year ending June 30, 2006, which allocations have not yet been awarded by the County, and pursuant to the County's existing authority to borrow forward at any given time up to five (5) years worth of its 71 regular annual affordable dwelling unit allocations, the following number of affordable dwelling unit allocations are immediately available for use by Monroe County in pursuing the contemplated agreements or for use as otherwise provided under the County's LDRs: Per prior Department agreement 165 Available from current year ending 6/30/06 71 Available by borrow forward five (5) years 355 Total Immediately Available for award 591 This LOU establishes no beneficial rights for third parties, including but not limited to any property owners, any such rights only to be established by final agreements of the type described above where such agreements are actually approved by Monroe County. It is expressly recognized and understood that in 2006 Monroe County intends to bring forth proposals of varying types designed to increase the permanent supply of affordable and employee housing in the Florida Keys, The success of these proposals in ameliorating the housing crisis in the Florida Keys will likely hinge upon agreement between the parties as to a significant number of additional affordable and/or employee dwelling unit allocations (outside of the current processes, including borrow forward provisions) to be made immediately available throughout the County on a regional, "ready -to -proceed" basis. This LOU does not reflect the intention by the parties to foreclose or in any way inhibit the future allocation to Monroe County and/or its municipalities of additional affordable dwelling unit allocations in response to the critical affordable housing shortage affecting the Florida Keys, as both the Department and Monroe County recognize Secretary Thaddeus L. Cohen Letter of Understanding April 19, 2006 Page Three that Monroe County's current initiatives with respect to Comp Plan and LDR amendments may contemplate additional allocations to address the ongoing housing crisis. While no such agreement with respect to possible additional allocations has been reached, the Department and Monroe County recognize that the County hopes to reach such an accord and that this LOU will not in any way be construed to prejudice or inhibit the County's efforts in this regard, it being the Department's position that all such continuing initiatives by Monroe County should be and are encouraged. Wherefore, the parties hereto have commemorated their agreement with this LOU as of the date first set forth above by the affixing of the signatures of their authorized representatives below. Attest: Danny L. Kolhage, Clerk �--- Clerk April 19. 2006 Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ;7 Mayor Ch les "Sonny" McCoy FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Witness Thaddeus L. Cohen, Secretary Date; MONROE COUNTY ATTOR EY e7�ED AS T at 01 N E A. TTON COUNT TTO N Y Doty