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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Bulk Item: Yes ~
April 21, 2010
No~
Division: Monroe County Housing Authority
Staff Contact Person: J. Manuel Castillo, Sr.
AGENDA ITEM WORDING: Approval of: A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA APPROVING THE LOCAL HOUSING
ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP
PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND RULE
CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE
MA YOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED
BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE
PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE
CORPORATION; AND AUTHORIZING THE USE OF 10% OF THE LOCAL HOUSING
DISTRIBUTION PLUS 5% OF PROGRAM INCOME TO BE UTILIZED FOR ADMINISTRATIVE
EXPENSES; AND PROVIDING AN EFFECTIVE DATE.
ITEM BACKGROUND: The Monroe county SHIP Program is established in accordance with
Section 420.907-9079, Florida Statues and Chapter 67-37.07 Florida Administrative Code. The
creation of the Local Housing Assistance Plan is for the purpose of meeting the housing needs of the
very low, low and moderate income households, to expand production of and preserve affordable
housing, to further the housing element of the local government comprehensive plan specific to
affordable housing.
PREVIOUS RELEVANT BOCC ACTION:
Approval by Resolution of prior Monroe County Local Housing Assistance Plans and Plan
Amendments begilming in 1993.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/A
COST TO COUNTY: N/A
BUDGETED: Yes:'
SOURCE OF FUNDS:
No:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty ~MB/PurchaSing _ Risk Management_
DOCUMENTATION:
Included XX
Not Required_
DISPOSITION:
AGENDA ITEM #
EXHIBIT E
RESOLUTION NO.
2010
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS
REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT,
SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES;AND RULE CHAPTER 67-37,
FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE MAYOR
TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY
THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING
ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING
FINANCE CORPORATION; AND AUTHORIZING THE USE OF 10% OF THE LOCAL
HOUSING DISTRIBUTION PLUS 5% OF PROGRAM INCOME TO BE UTILIZED FOR
ADMINISTRATIVE EXPENSES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing
Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes
on deeds to local governments for the development and maintenance of affordable housing; and
WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079,
Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local
governments to develop a one- to three-year Local Housing Assistance Plan outlining how funds
will be used; and
WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP
funds allowable for each strategy; and
WHEREAS, the SHIP Act further requires local governments to establish an average
area purchase price for new and existing housing benefiting from awards made pursuant to the
Act; The methodology and purchase prices used are defined in the attached Local Housing
Assistance Plan; and
WHEREAS, as required by Section 420.9075(7), F.S., It is found that 5 percent of the
local housing distribution plus 5 percent of program income is insufficient to adequately pay the
necessary costs of administering the local housing assistance plan. The cost of administering the
program may not exceed 10 percent of the local housing distribution plus 5% of program income
deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible
municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent
of program income for administrative costs; and
WHEREAS, the MOlioe County Housing Authority has prepared a three-year Local
Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and
WHEREAS, the County Commission finds that it is in the best interest of the public for
Monroe County to submit the Local Housing Assistance Plan for review and approval so as to
qualify for said documentary stamp tax funds.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLOlUDA THAT:
Section 1:
Section 2:
Section 3:
Section 4:
The Board of County Commissioners of Monroe County hereby approves the
Local Housing Assistance Plan, as attached and incorporated hereto for
submission to the Florida Housing Finance Corporation as required by ss.
420.907-420-9079, Florida Statutes; for fiscal years 2010-2011/2011-2012/2012-
2013.
The Mayor is hereby designated and authorized to execute any documents and
certifications required by the Florida Housing Finance Corporation as related to
the Local Housing Assistance Plan, and to do all things necessary and proper to
carry out the term and conditions of said program.
The Board of County Commissioners of Monroe County hereby authorizes the use
of 10% of the local housing distribution plus 5% of program income to be utilized
for administrative costs.
This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the Board of Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 2151 day of April, 20 I O.
(SEAL)
Mayor Sylvia Murphy
Mayor Pro Tern Heather Carruthers
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Mario DiGennaro
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMISSIONERS
OF MORaE COUNTY, FLORIDA
By:
By:
Sylvia Murphy, Mayor
Deputy Clerk
Approved as to ygal sufficiency: ~~
Date: ~ ~Ir() /--J '
Exhibit D
CERTIFICATION TO
FLORIDA HOUSING FINANCE CORPORATION
Name of Local Government: MONROE COUNTY, FLORIDA
(1) Monroe County will advertise the availability of SHIP funds pursuant to Florida Statutes.
(2) All SHIP funds will be expended in a manner which will insure that there will be no
discrimination on the basis of race, creed, religion, color, age, sex, familial or marital
status, handicap, or national origin.
(3) A process for selection of recipients for funds has been developed.
(4) Monroe County has developed a qualification system for applications for awards.
(5) Recipients of funds will be required to contractually commit to program guidelines.
(6) The Florida Housing Finance Corporation will be notified promptly if the County will
be unable to comply with the provisions the plan.
(7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within
24 months following the end of the State fiscal year in which they are received.
(8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to
the Local Government Comprehensive Plan will be initiated at the next available opportunity
to insure conformance with the Local Housing Assistance Plan.
(9) Amendments to the approved Local Housing Assistance Plan shall be provided to the
Corporation with in 21 days after adoption.
(10) The trust fund shall be established with a qualified depository for all SHIP funds as well
as moneys generated from activities such as interest earned on loans.
(11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted
by law.
(12) The local housing assistance trust fund shall be separately stated as a special revenue fund in
the local governments audited financial statements, copies of the audits will be forwarded to
the Corporation as soon as available.
1
Exhibit D
Certification
13) An inter-local entity shall have its local housing assistance trust fund separately audited
for each state fiscal year, and the audit forwarded to the Corporation as soon as possible.
(14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies.
(15) Developers receiving assistance from both SHIP and the Low Income Housing Tax
Credit (LIHTC) Program shall comply with the income, affordability and other LlHTC
requirements. Similarly, any units receiving assistance from other federal programs shall
comply with all Federal and SHIP program requirements.
(16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment
loans or loans that extend beyond 30 years which continue to service eligible persons.
(17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least
amlUally for 15 years for compliance with tenant income requirements and affordability
requirements or as required in Section 420.9075 (3)(e)
(18) The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-37 F AC,
and how each of those requirements shall be met.
(19) The provisions of Chapter 83-220, Laws of Florida _has or _X_has not
been implemented. (note: Miami Dade County will check "has")
Witness
By: Sylvia Murphy, Mayor
Witness
Date
..,:"
2
MONROE COUNTY
SHIP LOCAL HOUSING ASSISTANCE PLAN
(LHAP)
FISCAL YEARS COVERED
2010-2011/2011-2012/2012-2013
Title:
Section I.
T ABLE OF CONTENTS
Program Description
Section II.
Strategies:
A.
B.
C.
D.
E.
F.
Section III.
Homebuyer Rehabilitation
Homebuyer Purchase Assistance
Homebuyer Impact Fee Assistance
Homebuyer Florida Homebuyer Opportunity (FHOP)
Disaster Mitigation
Rental Construction/Rehabilitation
Incentive Strategies
Section IV:
Exhibit A - Administrative Budget
Exhibit B - Timeline for Encumbrance and Expenditure
Exhibit C - Housing Delivery Goals Chart
Exhibit D - Certification Page
Exhibit E - Adopting Resolution
Exhibit F - Program Information Sheet
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Page No.
3
7
9
12
15
17
18
I. PROGRAM DESCRIPTION: Chapter 67-37.005 FAC. and Section 420.9072, F.S.
A. Name ofthe participating local government and Interlocal if Applicable:
Section 420.9072(5),F.S.
Monroe County
Interlocal: Yes
No X
Name of participating local government(s) in the Interlocal Agreement;
N/A
B. Purpose of the program: Section 420.9072, F.S. and Chapter 67-37.005(3), F.A.C.
Creation of the Plan is for the purpose of meeting the housing needs of the
very low, low and moderate income households, to expand production of and
preserve affordable housing, to further the housing element of the local
government comprehensive plan specific to affordable housing.
C. Fiscal years covered by the Plan: Chapter 67-37. 002,F.A. C.
..1:L- 20 I 0120 II
X 201112012
X 201212013
D. Governance: Chapter 67-37.005(3) and (5)(i)F.A.C. and Section 420.907/ (/4)F.S.
The Monroe County SHIP Program is established in accordance with Section
420.907-9079, Florida Statutes and Chapter 67-37.007 Florida
Administrative Code. The SHIP Program does further the housing element of
the local government comprehensive plan. Cities and Counties must be in
compliance with applicable statutes and rules: Section 420.907-9079, F.S.
and Chapter 67-37, F.A.C.
E. Local Housing Partnership Section 420. 9072 (I)(a), F.S
The Momoe County SHIP Program encourages active partnerships
between government, lenders, builders and developers, real estate
professionals and advocates for low-income persons.
F. Leveraging: Chapter 67-37.007(J)(b)(c). F.A.C. and Section 420.9075(I)(a) and (l)(b3, and
(J)(c), F.S
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The Plans increase the availability of affordable residential units by
combining local resources and cost saving measures into a local housing
partnership and using public and private funds to reduce the cost of housing.
SHIP funds will be leveraged with or used to supplement other Florida
Housing Finance Corporation programs and to provide local match to obtain
federal housing grants or programs.
G. Public Input: Chapter 67-37.005(3), F.A.C.
Public input was solicited through face to face meetings with housing
providers, social service providers, local lenders and neighborhood
associations. Public input was solicited through the local newspaper I the
advertising of the Local Housing Assistance Plan and the Notice of Funding
Availability .
H. Advertising and Outreach: Chapter 67-37.005(6)(a), F.A.C.
The county or its administrative representative shall advertise the notice of
funding availability in a newspaper of general circulation and periodicals
serving ethnic and diverse neighborhoods, at least 30 days before the
beginning of the application period. If no funding is available due to a
waiting list, no notice of funding availability is required.
I. Discrimination: Section 420.9075(3)( c). F.S.
In accordance with the provisions of ss.760.20-760.37, it is unlawful to
discriminate on the basis of race, creed, religion, color, age, sex, marital
status, familial status, national origin, or handicap in the award application
process for eligible housing.
J. Support Services and Counseling: Chapter 67-37.005(5)(g),F.A.C.
Support services are available from various sources. Available support
services may include but are not limited to:
Homeownership Counseling (Pre and Post),
Credit Counseling and Tenant Counseling
K. Purchase Price Limits: Section 420.9075(4)(c), F.S. and Chapter67-37.007(6)F.A.C.
Purchase Price Limits: The sales price or value of new or existing eligible
housing may not exceed 90% of the average area purchase price in the
statistical area in which the eligible housing is located. Such average area
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purchase price may be that calculated for any 12-month period beginning not
earlier than the fourth calendar year prior to the year in which the award
occurs. The sales price of new and existing units, which can be lower but
may not exceed 90% of the median area purchase price established by the
U.S. Treasury Department or as described above.
The methodology used is:
x
Independent Study (copy attached)
U,S. Treasury Department
Local HFA Numbers
The purchase price limit for new and existing homes is shown on the Housing
Delivery Goals Charts. New Construction at $540,000 and Existing Homes
at $522,000
L. Income Limits, Rent Limits and Affordability:
Chapter 67-37.005(5)(e), F.A. C. .and Section 420.9071 (2), F.s.
The Income and Rent Limits used in the SHIP Program are updated annually
from the Department of Housing and Urban Development and distributed by
Florida Housing Finance Corporation. Affordable means that monthly rents
or mortgage payments including taxes and insurance do not exceed 30
percent of that amount which represents the percentage ofthe median annual
gross income for the households as indicated in Sections 420,9071 (19), (20)
and (28), F.S. However, it is not the intent to limit an individual household's
ability to devote more than 30% of its income for housing, and housing for
which a household devotes more than 30% of its income shall be deemed
affordable if the first institutional mortgage lender is satisfied that the
household can afford mortgage payments in excess of the 30% benchmark
and in the case of rental housing does not exceed those rental limits adjusted
for bedroom size.
M. Welfare Transition Program: Chapter 67-37.005(6)(b)(7)F.A.C.
Should an eligible sponsor be used, the city/county has developed a
qualification system and selection criteria for applications for A wards to
eligible sponsors, which includes a description that demonstrates how eligible
sponsors that employed personnel from the Welfare Transition Program and
Workforce Development Initiatives programs will be given preference in the
selection process.
N. Monitoring and First Right of Refusal: Section 420. 90 75(3)(e)and (4) (j), F.s.
In the case of rental housing, the staff or entity that has administrative
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authority for implementing the local housing assistance plan assisting rental
developments shall annually monitor and determine tenant eligibility or, to
the extent another governmental entity provides the same monitoring and
determination, a municipality, county or local housing financing authority
may rely on such monitoring and determination of tenant eligibility.
However, any loan or grant in the original amount of$3,000 or less shall not
be subject to these annual monitoring and determination of tenant eligibility
requirements. Tenant eligibility will be monitored for at least annually for 15
years or the term of assistance which ever is longer unless as specified above.
Eligible sponsors that offer rental housing for sale before 15 years or that
have remaining mortgages funded under this program must give a first right
of refusal to eligible nonprofit organizations for purchase at the current
market value for continued occupancy by eligible persons.
O. Administrative Budget: Chapter 67-37.005(6)(j)3, F.A.C..
A detailed listing including line-item budget of proposed Administrative
Expenditures is attached as Exhibit A. These are presented on an annual
basis for each State fiscal year submitted.
Monroe County finds that "the moneys deposited in the local housing
assistance trust fund shall be used to administer and implement the local
housing assistance plan.
A county or an eligible municipality may not exceed the 5 percent limitation
on administrative costs, unless its governing body finds, by resolution, that 5
percent of the local housing distribution plus 5 percent of program income is
insufficient to adequately pay the necessary costs of administering the local
housing assistance plan. The cost of administering the program may not
exceed 10 percent of the local housing distribution plus 5 percent of program
income deposited into the trust fund, except that small counties, as defined in
s. 120.52(17), and eligible municipalities receiving a local housing
distribution of up to $350,000 may use up to 10 percent of program income
for administrative costs." Monroe County has adopted the above findings in
the attached resolution, Exhibit E.
P. Essential Service Personnel: Include a definition as required in Chapter
67-37.002(6), F.A.C.
Essential Services Personnel in Monroe County shall mean and include,
without limitation full-time and part-time working persons employed in
Monroe county providing services in the construction and skilled building
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trades, real estate, finance, public and non-profit organization, healthcare,
licensed professions and trades, commercial fishing, hospitality, wholesale
and retail consumer services, transportation, education, security,
entertainment and any similar service otherwise constituting an essential
component of the local economy and community.
Q. Section 420.9075(3)(d) F.S. - priority will be given to those applicants who
demonstrate innovative design, green building principles, storm resistant
construction or other elements that reduce long term costs relating to
maintenance, utilities or insurance, such as but not limited to rehabilitation of
existing homes to greatly reduce the carbon footprint of building new homes;
installation of storm shutters and high impact windows and doors; use of
recycled construction materials; installation of new energy saving rated
appliances; etc.
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II. LHAP HOUSING STRATEGIES: Chapter 67-37.005(5), F.A.C.
A. Name of the Strategy: HOUSING REHABILITATION
A. Summary of the Strategy:
Funding assistance for housing rehabilitation.
B. Fiscal Years Covered:
2010-2011/2011-2012/2012-2013
C. Income Categories to be served:
Very low) low and moderate
D. Maximum award is noted on the Housing Delivery Goals Charts:
Mortgage loans not to exceed $35)000 for housing rehabilitation and $10)000
for wastewater improvements. Closing and inspection costs in excess ofthe
maximum award will be a program expense) shall not exceed $350.00 and
will be a grant to the borrower.
E. Terms, Recapture and Default:
Mortgage loans will be a deferred payment loan for a period of twenty (20)
years with zero % interest. The loan will be due and payable in full upon sale
or transfer of the property, twenty-years (20)) failure to comply with the terms
of the SHIP mortgage or death of the last surviving homeowner. In the event
of the death of the last surviving homeowner, any income eligible heir
residing in the home may assume the SHIP Loan as long as they can obtain
title to the entire property within one (1) year of the death of the last
surviving homeowner and the first mortgagee consents to the assumption of
their loan.
F. Recipient Selection Criteria:
Applications accepted from public entities) non-profit housing providers and
individual homeowners for housing rehabilitation of existing housing.
Applicants who have been determined to be income eligible for program
assistance) will be placed on a waiting list according to their income
classification, and will receive assistance on a first come) first ready basis)
with priority given to the lowest income applicants. Applicants may submit a
completed SHIP application to the Monroe County Housing Authority at any
time) unless the waiting list is closed or until arumal funding is expended.
G. Sponsor Selection Criteria:
N/A
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H. Additional Information:
For the purpose of this strategy, the standard for rehabilitation is defined as
those improvements necessary for the subject unit to meet the U.S.
Department of Housing and Urban Development's Housing Quality
Standards (HQS) with the exception of wastewater improvements. Any
households receiving rehabilitation assistance under this strategy are not
eligible for additional SHIP funding for a period of three (3) years from
closeout of grant/loan.
Priority will be given to those applicants demonstrating innovative design,
green building principles, storm resistant construction or other elements that
reduce long term costs relating to maintenance, utilities or insurance,
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B. Name of the Strategy: HOMEBUYER PURCHASE ASSISTANCE
A. Summary of the Strategy:
Funding assistance for the purchase or construction of a single-family,
residential, owner occupied property, including condominiums and
townhouses.
B. Fiscal Years Covered:
2010-2011/2011-2012/2012-2013
C. Income Categories to be served:
Very low, low and moderate
D. Maximum award is noted on the Housing Delivery Goals Charts:
Mortgage loan not to exceed $45,000.00. Inspection costs in excess of the
maximum award will be a program expense, shall not exceed $350.00 and
will be a grant to the borrower.
E. Terms, Recapture and Default:
Mortgage loans will be a deferred payment loan for a period of thirty (30)
years with zero % interest. The loan will be due and payable in full upon
payment in full of the first mortgage, sale or transfer of the property, thirty
years (30), failure to comply with the terms of the SHIP mortgage or death of
the last surviving homeowner. In the event of the death of the last surviving
homeowner, any income eligible heir residing in the home may assume the
SHIP Loan as long as they can obtain title to the entire property within one
(1) year of the death of the last surviving homeowner and the first mortgagee
consents to the assumption of their loan.
F. Recipient Selection Criteria:
Applications for Homebuyer Assistance must include:
1. A contract for purchase of an existing housing unit or one under
construction. An "under construction" housing unit shall be
defined as having a building permit and pilings/foundation
complete and inspected.
2. A lending institution pre-qualification letter for the amount to
be financed which may assume a $45,000 SHIP loan.
3. An affidavit from the Seller in the event this is a unit under
construction, indicating the delivery date of the housing unit
[cannot be more than five months from the date of the SHIP
Notice of Funding Availability (NOFA)].
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In the event there are more applicants than funds available, upon completion
of the initial advertising, lotteries will be utilized to determine the order of
the funding. Applications will be ranked by date and time of receipt. The
day, time and location of the lottery will be made available to the eligible
applicants within one week of the end of the NOF A. An independent 3rd
party will draw numbers to establish the order of ranking. Applicants do not
have to be present at the drawing to participate. Funding will be awarded in
the order drawn, in the event an applicant withdraws his application, the next
person on the list will be funded.
Applicants who fail to submit complete applications, who do not meet SHIP
threshold requirements or catmot close due to financing or any other reason,
may not reapply for SHIP assistance until the following application cycle.
No new applications will be accepted for this strategy until all previously
ranked by lottery applicants have had an opportunity to participate. In the
event additional funding slots become available, the program will re-advertise
the availability of funds and if need be, conduct a new lottery.
G. Sponsor Selection Criteria:
N/A
H. Additional Information:
Buyer(s) must contribute a minimum three percent (3%) down payment.
Property must meet minimum health and safety standards as defined under
the V,S Department of Housing and Urban Development's, Housing Quality
Standards (HQS), Any HQS deficiencies must be corrected prior to or as part
of the purchase transaction. In the case of new construction, a Certificate of
Occupancy (CO) may be substituted for the HQS inspection, Mortgage loans
to public entities, which retain ownership of the land under the terms of a
ground lease, shall extend to the improvements.
The dwelling unit purchased must be financed with a federally insured
financial institution. In the event other financing methods are utilized and
approved by the SHIP Administrator, the SHIP Note and Mortgage must be a
first mortgage.
Priority will be given to those applicants demonstrating innovative design,
green building principles, storm resistant construction or other elements that
reduce long term costs relating to maintenance, utilities or insurance.
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I. Shared Appreciation Provision:
All SHIP funds under this strategy are subject to a mortgage that shall contain
recapture provisions which provides for shared appreciation between the
buyer(s) and the Monroe County SHIP Program. The amount due Monroe
County upon sale, refinancing or transfer of the property shall be calculated
by adding the sum of the principal balance of the SHIP loan and 50% of the
appreciated value.
The appreciated value shall be the difference between the original purchase
price and the sales price less any real estate commission, less the value of any
permitted improvements. Housing units constructed utilizing Affordable
Housing Permits which restrict appreciation in the housing unit's value, shall
not be subject to the Shared Appreciation Provision.
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C. Name of the Strategy: IMPACT FEE ASSISTANCE
HOUSING ASSISTANCE STRATEGY FOR THE CITY
OF KEY WEST IMP ACT FEE PROVISO (IFP) FUNDING
Funding for this strategy will be based upon repayments of Impact
Fee Proviso Funding loans that were awarded in 2010. This strategy
is not funded by the annual SHIP Distribution.
A. Summary of the Strategy:
Funding assistance for the purchase of residential properties located within
the city limits of the City of Key West, Florida and up to Mile Marker 12,
upon authorization by Florida Housing Finance Corporation including
condominiums and town-homes. Impact Fee Proviso (IFP) funds may not
be used to purchase mobile homes.
B. Fiscal Years Covered:
2010-201112011-2012/2012-2013
C. Income Categories and funding set-asides:
Very low, low and moderate
D. Maximum award:
The IFP Mortgage loan is not to exceed the amount necessary to ensure the
eligible purchaser's principal, interest, real estate taxes and insurance
(PIT!) payment does not exceed 33% of their annual household income
and/or an 80% loan to value, whichever is higher. The maximum award
for this strategy is $258,000. The purchase price of the housing unit may
not exceed $400,000. Inspection costs in excess of the maximum award
will be a program expense, shall not exceed $350.00 and will be a grant to
the borrower.
E. Terms, Recapture and Default:
IFP Mortgage loans will be a deferred payment loan for a period of thirty
(30) years with zero % interest. The mortgage shall include standard
provisions for enforcement of the terms and conditions contained in the
mortgage including judicial remedies. The loan will be due and payable in
full upon sale or transfer of the property, thirty (30) years, failure to
comply with the terms of the SHIP mortgage or death of the last surviving
homeowner. In the event of the death of the last surviving homeowner,
any income eligible heir residing in the home may assume the SHIP Loan
as long as they can obtain title to the entire property within one (1) year of
the death of the last surviving homeowner and the first mortgagee consents
to the assumption of their loan.
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F. Eligibility Requirements:
1. Applicants must derive at least 70% of their income from gainful
employment in Key West.
2. Applicants may not own a second home.
3. The dwelling unit purchased must be owner occupied.
4. The dwelling unit purchased must be financed with a federally
insured financial institution. In the event other financing methods are
utilized and approved by the SHIP Administrator, the SHIP Note and
Mortgage must be a first mortgage.
G. Recipient Selection Criteria:
Funding is available for commitment to individual applicants who have valid
contracts for purchase for eligible homes and secured a fixed rate or an
adjustable rate with the first five years fixed first mortgage (no reverse or
interest only mortgages will be considered) on a "first come / first ready
basis" .
In the event there are more applicants than funds available for any income
set-aside, upon completion ofthe initial advertising, a lottery will be utilized
to determine what order applicants can participate. Applicants who have been
determined to be income eligible for program assistance will be placed on a
lottery waiting list and receive a SHIP Commitment based on their position
on the lottery waiting list. Applicants must execute a contract for a housing
unit and secure a loan commitment within 45 days of receiving their SHIP
Commitment. Short sales are not considered a contract until all parties have
executed the agreement. Applicants must close within 90 days of receiving a
SHIP Commitment. Applicants may submit a completed application to the
Monroe County SHIP Office at any time, unless the waiting list is closed or
until funding is expended.
H. Additional Information:
Buyers must contribute a minimtun of the sales price of the unit as a
down-payment as follows:
Very-low Income
Low Income
Moderate Income
1%
2%
3%
The property must meet minimum health and safety standards as defined
under the U.S Department of Housing and Urban Development's,
Housing Quality Standards (HQS).
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Priority will be given to those applicants demonstrating innovative design,
green building principles, storm resistant construction or other elements that
reduce long term costs relating to maintenance, utilities or insurance.
I. Maximum Sales Price:
The maximum sales price shall be $400,000.00
J. Shared Appreciation Provision:
All funds under this strategy are subject to a mortgage that shall contain
recapture provisions which provides for shared appreciation between the
buyer(s) and the Monroe County SHIP Program's Housing Assistance
Strategy For The City Of Key West Impact Fee Proviso Fundingunless the
unit is regulated by a recorded affordable housing restrictive covenant.
The amount due the Strategy upon sale or transfer of the property shall be
50% of the appreciated value.
The appreciated value shall be the difference between the original
purchase price and the sales prices less any real estate commission and less
the value of any permitted improvements.
K. Program Income:
Repayments from this strategy may only be utilized to purchase properties
within the city limits of the City of Key West and up to Mile Marker 12,
upon authorization by Florida Housing Finance Corporation.
- 15 -
D. Name ofthe Strategy: Florida Homebuyer Opportunity Program (FHOP)
A. Summary of the Strategy:
This strategy is designed in response to the legislative proviso requiring
SHIP local goverrunents to expend 2010-2011 funds to ensure that
residents of the state derive the maximum possible economic benefit from
the federal first time homebuyer tax credit created tmough The American
Recovery and Reinvestment Act of 2009 by providing subordinate down
payment assistance loans to first time homebuyers for owner occupied
primary residences that can be repaid by the income tax refund the
homebuyer is entitled to under the First time Homebuyer Credit. The state
program shall be called the "Florida Homebuyer Opportunity
Program"(FHOP).
B. Fiscal Years Covered:
Until expiration of the federal first-time homebuyer tax-credit.
C. Income Categories to be Served:
Up to $75,000 for single taxpayers or $150,000 for joint filers. There is no
requirement to reserve 30 percent of the funds for awards to very-Iow-
income persons or 30 percent of the funds for awards to low-income
persons; and there is no requirement to expend 75% of funds for
construction, rehabilitation or emergency repair.
D. Maximum Award:
Maximum award is the principal balance of the loans provided shall not
exceed 10% of the purchase price or $8,000 whichever is less.
E. Terms, Recapture and Default:
Mortgage loans will be forgiven if the loan is repaid within 18 months
from the date of closing. The homebuyer(s) shall be expected to use their
federal income tax refund to fully repay the loan. If the county receives
repayment from the homebuyer(s) within 18 months after the closing date
of the loan, the county shall waive all interest charges and fees.
A homebuyer who fails to fully repay the loan within 18 months of the
date of closing shall be subject to monthly repayments of the outstanding
debt amortized over 60 months at 6% per annwn. Loans repaid during the
period when there is still an active homebuyer tax credit program must be
used to help more FHOP buyers. Once the tax credit program ceases to
exist, all funds repaid to the county shall be considered "program income"
as defined in s. 420.9071 (24) and can be utilized on any SHIP strategy.
- 16 -
F. Recipient Selection Criteria:
Recipients must meet the requirements of the following; the maximum
income limit shall be Adjusted Gross Income of $75,000 for single
taxpayer households or $150,000 for joint-filing taxpayer households,
which is equal to that permitted by the American Recovery and
Reinvestment Act of2009.
- 17 -
E. Name of the Strategy: DISASTER MITIGATION
A. Summary of the Strategy:
Funds provided to homeowners and owners of rental properties to make
hurricane related or other disaster repairs for which an emergency or
natural disaster has been declared by executive order and which have an
approved local housing assistance plan to implement a local housing
assistance strategy, consistent with ss. 420.907-420.9079, for repairing and
replacing housing damaged as a result of the emergency or natural disaster.
B. Fiscal Years Covered:
2010-2011/2011-2012/2012-2013
C. Income Categories to be served:
Very low, low and moderate
D. Maximum award is noted on the Housing Delivery Goals Charts:
Loans not to exceed $35,000 per housing or rental unit.
E. Terms, Recapture and Default:
Loans will be a deferred payment loan for a period often (10) years with a
zero % interest rate. The loan balance will be forgiven during years six (6)
through ten (10) at the rate oftwenty (20) % per year. The loan will be
due and payable in full upon the sale or transfer of the property, failure to
comply with the terms of the SHIP mortgage or death of the last surviving
homeowner. In the event ofthe death of the last surviving homeowner,
any income eligible heir residing in the home may assume the SHIP Loan
as long as they can obtain title to the entire property within one (1) year of
the death of the last surviving homeowner and the first mortgagee consents
to the assumption of their loan. Local jurisdictions and/or body politics
authorized by Florida Statute are not required to enter into a deferred
payment loan.
F. Recipient Selection Criteria:
Applications processed on a "first come, first ready" basis.
G. Sponsor Selection Criteria:
N/A
H. Additional Information:
F or the emergency repairs under this strategy, emergency repairs are
defined as those repairs to damages resulting from a disaster that pose an
immediate health and safety hazard to occupant(s).
- 18 -
F.
Name of the Strategy:
RENTAL STRATEGIES
CONSTRUCTIONIREHABILIT A TION
A. Summary of the Strategy:
Funds provided for the construction or rehabilitation of affordable housing
units.
B. Fiscal Years Covered:
2010-2011/2011-2012/2012-2013
C. Income Categories to be served:
Very low, low and moderate (tenants)
D. Maximum award is noted on the Housing Delivery Goals Charts:
Mortgage note up to a maximum of $40,000 per unit average.
E. Terms, Recapture and Default:
Due and payable in full upon sale or transfer of the property or failure to
comply with the terms of the SHIP Rental Monitoring Agreement or Land
Use Restriction Agreement (LURA). SHIP set aside units assisted under this
strategy must maintain rents that do not exceed the rent maximums published
annually by the Florida Housing Finance Corporation. SHIP recipients that
offer rental housing for sale within fifteen years of the SHIP award must give
a right of first refusal to eligible non-profit organizations for purchase at the
current market value for continued occupancy by eligible persons.
FOR PROFIT ENTITIES and NON-PROFIT ENTITIES:
Entities proposing construction/rehabilitation in conjunction with Florida
Housing Finance Corporation (FHFC) funding are eligible for loans secured
by a mortgage up to $40,000 or that amount sufficient to satisfy the FHFC
local contribution portion of the FHFC program, whichever is less. The for-
profit loan is at an interest rate of 3% with a minimum term of fifteen (15)
years with principal and interest due upon maturity. The non-profit loan is at
an interest rate of 0% with a minimum term of fifteen (15) years and principal
balance forgiven at maturity.
Entities proposing construction/rehabilitation are eligible for mortgages not to
exceed an average of$40,000 per unit. Should all funds not be expended to a
specified unit, these funds may be transferred for the completion of another
unit being rehabilitated. A modified award letter will be required. Loan
amount will be based on number of units times the allotted amount per unit.
This loan is at an interest rate of 3 % with a minimum term of fifteen (15)
years for for-profit entities with the principal and interest due upon maturity.
- 19 -
Non-profit entities are eligible for mortgages at an interest rate of 0% with a
minimum term of fifteen (15) years and principal balance forgiven at
maturity. Loans may be extended in conjunction with an extension of the
SHIP Rental Monitoring Agreement. (see h. Additional Information)
F. Recipient Selection Criteria:
Priority shall be given to applicants in the following order until all
available funding is committed/expended.
Priority #1 Applications proposing the creation of the new rental units by
construction or rehabilitation, ranked in the following order:
1 a. Proposing the longest period of affordability
1 b. Units serving very low-income tenants
lc. Units serving substantially (%) very low-income tenants
1 d. Serving low-income tenants
Ie. Serving substantially (%) low-income tenants
1 f. Serving moderate-income tenants
The tiebreaker within Priority #1 shall be the lowest SHIP per unit cost.
Priority #2 Applications proposing the rehabilitation of existing affordable
rental units, ranked in the following order:
2a. Proposing the longest period of affordability
2b. Serving very low-income tenants
2c. Serving substantially (%) very low-income tenants
2d. Serving low-income tenants
2e. Serving substantially (%) low-income tenants
2f. Serving moderate-income tenants
The tiebreaker within Priority #2 shall be the lowest SHIP per unit cost.
G. Sponsor Selection Criteria:
N/A
H. Additional Information:
All entities funded under this strategy will be required to execute a SHIP
Rental Monitoring Agreement and Land Use Restriction Agreement (LURA)
for a minimum term of fifteen (15) years.
In the case of rental housing, the staff or entity that has administrative
- 20 -
authority for implementing the local housing assistance plan assisting rental
developments shall annually monitor and determine tenant eligibility or, to
the extent another governmental entity provides the same monitoring and
determination, a municipality, county or local housing financing authority
may rely on such monitoring and determination of tenant eligibility.
However, any loan or grant in the original amount of$3,000 or less shall not
be subject to these annual monitoring and determination oftenant eligibility
requirements. Tenant eligibility will be monitored for at least annually for 15
years or the term of assistance which ever is longer unless as specified above.
Governmental entities shall not be required to execute a note and mortgage
for this strategy.
Priority will be given to those applicants demonstrating innovative design,
green building principles, storm resistant construction or other elements that
reduce long term costs relating to maintenance, utilities or insurance.
- 2l -
III. LHAP INCENTIVE STRATEGIES F.S.Sec.420.9071(16)
A. Name of Strategy: Expedited Permitting
Permits as defined in Sec. 163.3167(7) and (8) for affordable housing projects are
expedited to a greater degree than other projects.
Established policy and procedures:
The Monroe County Comprehensive Plan and the Land Development Regulations
established a set aside of 30% of all building permits issued for affordable
housing. This includes the unused allotment of permits for affordable housing set
aside units to be rolled over and accumulated each year without going through
the ROGO (Rate of Growth Ordinance) process. Monroe County has assigned
Planning Department staff to facilitate affordable housing applications. Affordable
permits jump to the head ofthe line (first priority) in all stages of the planning
review and permitting process. Adopted - Ordinance No. 024-2009.
B. Name of Strategy: Modification of Impact Fee Requirements
Established policy and procedures: The County shall continue to waive impact
fees for all affordable housing. The Building Department and Planning
Departments are responsible for implementation. (Comprehensive Plan Policy
601.1.12; LDC Chapter 126).
C. Name of Strategy: Flexibility in Densities for Affordable Housing
Established policy and procedures:
1) Monroe County has increased density for affordable housing on land
zoned SC (up to 18 units per acre versus 6), MU 9 (up to 18 units per acre
versus 12) and UR (up to 25 units per acre versus 12). [Comprehensive
Plan Policy 101.4.21; LDC Sec. 130-161(a)(I)].
2) The County shall continue to allow the construction of affordable housing
units on commercial sites without deducting from the commercial floor
area allowed or residential density allowed. [LDC Sec. 130-161 (a) (5)]
D. Name of Strategy: Reduction of parking and setback requirements for
affordable housing
Established policy and procedure: Currently, variances are available where the
requisite criteria can be met. The Planning Department is responsible for this on a
case by case basis.
- 22 -
E. Name of Strategy: Allowance of Flexible Lot Configurations
Established policy and procedure: Momoe County allows flexible lot
configurations to the extent setback and buffers are met. Within a development,
zero lot line configurations are allowed. Variances are available where the
requisite criteria can be met. The Planning Department is responsible for this on a
case by case basis.
F. Name of Strategy: Modification of Street Requirements
Established policy and procedure: Monroe County allows internal street
configurations that meet life-safety criteria. The Planning Department is
responsible for this on a case by case basis.
G. Name of Strategy: Cost of Housing
Establishment of a process by which a local government considers before
adoption, policies, procedures, ordinances, regulations, or plan provisions that
have a significant impact on the cost of housing.
Established policy and procedures:
1) All County resolutions and ordinances contain a cost analysis section
specific to affordable housing, the county has waived impact fees for
affordable housing and building permit fees for the very low and low
income homeowner participating in local, state or federally supported
affordable housing programs. As an Area of Critical State Concern, the
County's policies, procedures, ordinances and regulations are subject to
the approval of the Florida Department of Community Affairs which is
concerned and monitors the cost of affordable housing. Adopted -
Ordinance 024-2009.
2) The county waives planning application fees for all affordable housing,
and waives building permit applications for charitable organizations and
those affordable housing projects receiving financial aid from or leasing
property from Monroe County, and others as approved by the Board of
County Commissioners. (LDC Sec. 6-108(d) (2) and Sec. 6-108(e)) The
Planning Department and Building Department are responsible for the
administration of the respective fee waivers.
- 23 -
H. Name of Strategy: Provide an Inventory of County Owned Property Suitable
for Affordable Housing
Established policy and procedures: Pursuant to Florida Section Sec. 125.379, the
County has prepared and will continue to provide an inventory of possible sites
suitable for affordable housing. (Comprehensive Plan Policy 601.1.6) The Clerk
of Court has the list of properties approved by the Board of County
Commissioners in Resolution 299-2007.
I. Name of Strategy: Support development near transportation hubs and major
employment centers and mixed use developments
Established policy and procedures: The County has a purchase and lease-back
program for affordable housing. The properties leased for affordable housing
development comply with this requirement.
1. Name of Strategy: Inclusionary Housing
Established policy and procedure: Where development or re-development exceeds
three units, Thirty Per Cent (30%) of units must be deed restricted as affordable
housing for ninety-nine years. (LDC Sec. 130-161(b) The Planning Department is
responsible for the evaluation of development requirements.
- 24 -
IV. EXHIBITS:
A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A.
B. Timeline for Encumbrance and Expenditure: Chapter 67-37.005(6)(d) and (j) F.A.C.
A separate timeline for each fiscal year covered in this plan is attached as Exhibit B.
Program funds will be encumbered by June 30 one year following the end of the
applicable state fiscal year. Program funds will be fully expended within 24 months
of the end of the applicable State fiscal year.
C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year
Covered in the Plan: Chapter 67-37.005), FA.C
Completed HDGC for each fiscal year is attached as Exhibit C.
D. Certification Page: Chapter 67-37.005(7), FAC
Signed Certification is attached as Exhibit D.
E. Adopting Resolution: Section 420.9072(2)(b)2, FS.
Signed, dated, witnessed or attested adopting resolution is attached as Exhibit E.
F. Program Information Sheet:
Completed program information sheet is attached as Exhibit F.
G. Ordinance: Section 420.9072(3)(a), FS.
N/A
H. Interlocal Agreement: Section 420.9072, F.S.
N/A
I. Independent Study:
A copy of the Independent Study is attached as EXHIBIT I.
- 25 -
Exhibit A
MONROE COUNTY, FLORIDA
ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR
Fiscal Year
Salaries and Benefits
Office Supplies and Equipment
Travel Perdiem Workshops, etc
Advertising
Fiscal Year
Salaries and Benefits
Office Supplies and Equipment
Travel Perdiem Workshops, etc
Advertising
2010-2011
$ 58,500.00
$ 13,500.00
$ 1,000.00
$ 2,000.00
$
$ 75,000.00
2011-2012
$ 58,500.00
$ 13,500.00
$ 1,000.00
$ 2,000.00
$
$ 75,000.00
2012-2013
$ 58,500.00
$ 13,500.00
$ 1,000.00
$ 2,000.00
$
$ 75,000.00
Fiscal Year
Salaries and Benefits
Office Supplies and Equipment
Travel Perdiem Workshops, etc
Advertising
Based on a distribution of $750,000 per annum
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21, 2010
Division: Monroe County Housing Authority
Bulk Item: Yes ~ No
Department: DISASTER RECOVERY 2008
Staff Contact Person/Phone #: 1. Manuel Castillo, Sr., Executive Director, 292-5621
AGENDA ITEM WORDING:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA APPROVING THE 2008 DISASTER RECOVERY INITIATIVE TROPICAL STORM FAY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INTER LOCAL
AGREEMENTS FOR THE CITIES OF KEY WEST, MARATHON, KEY COLONY BEACH AND
ISLAMORADA, VILLAGE OF ISLANDS; AND PROVIDING FOR AN EFFECTIVE DATE.
ITEM BACKGROUND:
The State of Florida Department of Community Affairs (DCA) has allocated $2,488,963 for a
countywide Disaster Recovery Initiative 2008 Tropical Storm Faye Program. DCA requires inter local
agreements between the Cities of Key West, Marathon, Key Colony Beach and Islamorada.
PREVIOUS RELEVANT BOCC ACTION:
Resolution 021-2010 dated January 20, 2010 approving the 2008 Disaster Recovery Initiative Tropical
Storm Fay CDBG application.
CONTRACT/AGREEMENT CHANGES:
nJa
ST AFF RECOMMENDATIONS:
Approval.
TOTAL COST: $0.00 INDIRECT COST:
BUDGETED: nJa
COST TO COUNTY: 0.00 SOURCE OF FUNDS:
nJa
REVENUE PRODUCING: Yes_ No x AMOUNTPERMONTH_ Year
APPROVED BY: County Atty 11;-i OMBlPurchasing _ Risk Management _
DOCUMENTATION: Inclul X NotRequired_
DISPOSITION:
AGENDA ITEM #
RESOLUTION
- 2010
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA APPROVING THE DISASTER RECOVERY
INITIATIVE 2008 TROPICAL STORM FAY COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM INTER LOCAL AGREEMENTS FOR
THE CITIES OF KEY WEST, MARATHON, KEY COLONY BEACH AND
ISLAMORADA, VILLAGE OF ISLANDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Community Affairs (DCA) has announced the
Disaster Recovery Initiative 2008 Tropical Storm Fay Community Development Block Grant (CDBG)
Program for which Monroe County is allocated $2,488,963 for a countywide Disaster Relief Program;
and
WHEREAS, Monroe County has submitted an application and the State of Florida Department
of Community Affairs (DCA) has conducted a site visit and requested the execution and approval by both
parties of the proposed inter local agreements contained in the application.
NOW THEREFORE, be it resolved by the Monroe County Board of County Commissioners
that the County hereby:
Authorizes the execution of the attached Inter Local Agreements by Monroe County between the Cities of
Key West, Marathon, Key Colony Beach and Islamorada, Village of Islands for the 2008 Disaster
Recovery Initiative Tropical Storm Fay CDBG countywide program.
PASSED AND ADOPTED by the Board of County Comm issioners of Monroe County, Florida
at a regular meeting of said Board held on the 21 st day of April 20 I O.
Mayor Sylvia Murphy
Mayor Pro Tern Heather Carruthers
Commissioner Mario DiGennaro
Comm issioner Kim Wigington
Commissioner George Neugent
(SEAL)
ATTEST: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONER OF
MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor Sylvia Murphy
Date:
rv~o~',~~~ G ~r!JIt/~
j-'tDRO J;,!Y' . /.
D,,~s~\N"rcof_, -6/ LS/ccJ
Approved as to legal sufficiency:
INTER-LOCAL AGREEMENT
BETWEEN
CITY OF KEY WEST, FLORIDA
AND
MONROE COUNTY
FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
2008 DISASTER RECOVERY INITIATIVE
THIS AGREEMENT is made and entered into this _ day of ,2010 by
and between the City of Key West, Florida (hereafter "City") and Monroe County (hereafter
"County").
WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into
inter-local agreements to make the most efficient use of their powers by enabling them to
cooperate yvith one another on a basis of mutual advantage; and
\VHEREAS, both the City and the County are authorized by general law to provide for
the health, safety, and welfare of citizens within their respective jurisdictions and now desire to
make the most efficient use of their powers by entering into this Agreement to serve their mutual
best interests and advantage; and
WHEREAS, tbe County has applied for a 2008 Disaster Recovery Initiative Community
Development Block Grant (CDBG) in the amount of $2,488,963 from the State of Florida,
Department of Community Affairs (hereafter "DCA") to be used for "disaster relief, long term
recovery and restoration of infrastructure, housing and economic revitalization in areas affected
by hurricanes, flooding and other natural disaster that occurred during 2008; and
WHEREAS, Monroe County intends to make the funds available county-wide; and
WHEREAS, an inter-local agreement is required if a CDBG funded activity is outside
the jurisdiction of the applying local government.
NOW THEREFORE, in consideration of the mutual covenants and obligations
contained herein, the City and County hereby agree as follows:
I. Purpose. The purpose of this Inter-local Agreement is to coordinate the
distribution of the 2008 CDBG Disaster Recovery Initiative (hereafter "CDBG-DRI") funds for
the benefit of both paliies and establish the jurisdiction within which the County is authorized to
undertake disaster relief, long term recovery and restoration of infrastructure and housing and
economic revitalization activities. The Application for 2008 CDBG-DRl Funding, including
attaclU11ents and supplements, will provide funding to eligible applicants and properties
countywide.
2. Administration. The County will administer the 2008 CDBG-DRl funds in
confonnance with all applicable HUD requirements, as administered by DCA, and as delineated
more specifically in the Application and in the Grant Award AgTeement between the County and
DCA. The County's 2008 CDBG-DRI Award will be managed by the Monroe County Housing
Authority (Housing Authority). The Housing Authority may seek an outside fiml to perform
Project Delivery Services.
3. Term/Termination. The tenl1 ofthis Agreement shall begin on the date of filing
an executed copy with the Clerk of the Court, and shall expire as of the date the 2008 CDBG-
DRI agreement is administratively closed-out by the County.
4. Jurisdiction. The County is authorized to disburse 2008 CDBG-DRI funds in
accordance with 2008 CDBG-DRI Grant requirements within the geographic boundaries of the
City of Key West, Florida to eligible recipients for purposes of disaster relief, long term recovery
and restoration of infrastructure and housing and economic revitalization activities.
5. Consistency With Comp Plan. By accepting 2008 CDBG-DRI funds the
City affirms that all activities undertaken and funded with 2008 CDBG-DRI funds are consistent
with the City's Comprehensive Plan,
2
6. Notices. In tbe event either party hereunder desires or is required to provide any
notice to the otber pariy, the party desiring or required to provide such notice shall provide it in
writing, send it by certified mail, retum receipt requested, postage prepaid, to the other party at
the address listed below:
If to City:
Jim Scholl, City Manager
City of Key West, Florida
525 Angela Street
Key West, FL 33040
Ifto County:
Roman Gastesi, County Administrator
Monroe County
1100 Simonton Street
Key West, Florida 33040
7. Modification. No modification, amendment, or alteration in the terms or
conditions herein shall be effective unless contained in a written document executed with the
same formality and of equal dignity herewith.
8. Execution. This Agreement shall be executed in duplicate and each shall be
considered an original.
9. Disclaimer of Third I)arty Beneficiaries. This Agreement is solely for the
benefit of the parties to this lnterlocal Agreement. No right or cause of action shall accrue upon
or by reason hereof inure to or for the benefit of any third paliy.
10. Assignment. This Agreement shall be binding on the parties, their
representatives, successors and assigns. Neither party shaH assign this Agreement or the rights
or obligations hereof to any other person or entity without the prior written consent of the other
party.
3
II. Indemnification, The City, as a state agency or subdivision defined in Section
768.28, Florida Statutes, agrees to be fully responsible to the limits set f01ih in such statute for its
own negligent acts or omissions, or intentional tortuous actions, which result in claims or suits
against either County or City, and agrees to be liable to the statutory limits for any damages
proximately caused by said acts or omissions, or intentional tortuous acts.
The County, as a political sub-division of the State of Florida, as defined in
Section 76828, Florida Statutes, agrees to be fully responsible to the limits set forth in such
statute for its own negligent acts or omissions, or intentional tOliuous acts, which result in claims
or suits against either the City or County, and agrees to be liable to the statutory limits for any
damages proximately caused by said acts or omissions, or intentional tOl1uous acts.
Nothing contained in this Section shall be constmed to be a waiver by either pmiy
of any protections under sovereign inununity, Section 768.28 Florida Statutes, or any other
similar provision of law. Nothing contained herein shall be construed to be a consent by either
party to be sued by third parties in any matter arising out of this or any other Agreement.
12. Severability. If any pari of this Agreement is found inval1d or unenforceable by
any court, sucb invalidity or unenforceability shall not affect the other parts of the Agreement, if
the rights and obligations or the parties contained herein are not materially prejudiced and iftbe
intentions of the parties continue to be effected.
13. Applicable Law/Disputes/Litigation. This Agreement and the prOVISlOl1S
contained herein shall be construed, controlled, and interpreted according to the laws of the State
of Florida. Any dispute involving litigation between County and City is subject to all provisions
of Chapter 164, Florida Statutes. The parties agree tbat in the event of any litigation arising out
of any alleged breacl1 or non-performance of this Agreement, the venue for sucb litigation shan
be in Monroe County, Florida.
14. Attorney's Fees and Costs. The County and the City agree that in the event any
cause of action or administrative proceeding is initiated or defended by any pmty relative to the
4
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shaH include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated al,1d conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
15. Nondiscrimination. The County and the City agree to comply with all Federal
and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis ofrace, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 use ss.1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Sec60n 504 of the Rehabilitation Act of 1973, as amended
(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 use 55. 6101-6107) which prohibits discrimination
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basi.s of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 use 58. 690dd-3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 use s.
1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which
may apply to the pmiies to, or the subject matter of, this Agreement.
16. Public Access. The County and the City shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions ofCbapter 119, Florida Statutes, and made or received by the
5
County and the City in conjunction with this Agreement; and either pmiy shall have the right to
unilaterally cancel this Agreement upon violation of this provision.
17. Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County or tbe City, wIlen performing their respective
functions under this Agreement within tbeir respective territorial limi ts shall apply to the same
degree and extent to the perf0l111ance of such functions and duties of such officers, agents,
volunteers, or employees outside their respective tenitorial limits.
18. Legal Obligations and Responsibilities: Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Fmiher, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County or the City, except to the extent permitted by the
Florida constitution, state statute, and case law.
19. No Personal Liabilitv. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of the County
or the City in his or her individual capacity, and no member, officer, agent or employee of the
County or the City shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
20. Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of tbe parties hereto may execute tbis Agreement
by singing any such connterpmt.
6
21. Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this Agreement.
22. Mutual Review. This agreement bas been carefully reviewed by the County and
the City, therefore this agreement is not to be construed against either party on the basis of
authorship.
23. Effective Date. This Agreement 5113.11 take effect upon filing a fully executed
copy with the Monroe County Clerk of the Comi.
The remainder of this page has been intentionally left blank.
7
IN WITNESS WHEREOF, the parties hereto bave executed this Agreement for the
purpose herein expressed as of the date and year first \\Tit1en above.
ATTEST:
CLERK OF THE COURT
By: _~~__.
CITY OF KEY WEST FLORIDA
_ !? /f~ __~____________
C~~<<~;:-
-L-
(City Anomey)
MONROE COUNTY
Sylvia Murphy, Mayor
APPROVED AS TO FOI-D\1:
- . - -,--xb)p
Cou ty Attorney)
8
RESOLUTION NO. 10-130
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, AUTHORIZING THE
ATTACHED INTERLOCAL AGREEMENT BETWEEN THE
CITY OF KEY WEST AND MONROE COUNTY FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2008
DISASTER RECOVERY INITIATIVE; PROVIDING FOR AN
EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST,
FLORIDA, AS FOLLOWS:
Section 1:
That the attached Interlocal Agreement between
Monroe County and the City Of Key West regarding CDBG 2008 Disaster
Recovery Initiative funding is approved.
Section 2: That this Resolution shall go into effect
immediately upon its passage and adoption and authentic~tion by the
signature of the presiding officer and the Clerk of the Commission.
Passed and adopted by the City Commission at a meeting held
this
6th
day of
April
, 2010,
Authenticated by the presiding officer and Clerk of the
commission on
April 7
, 2010.
Filed with the Clerk
April 7
, 2010.
CR~~YOR
mTE~LOCALAGREEMENT
BETWEEN
CITY OF MARATHON
AND
MONROE COUNTY
FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
2008 DISASTER RECOVERY INITIATIVE
THIS AGREEMENT is made and entered into this _ day of ,2010 by
and between the City of Marathon (hereafter "City") and Monroe County (hereafter "County").
WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into
inter-local agreements to make the most efficient use of their powers by enabling them to
cooperate with one another on a basis of mutual advantage; and
WHEREAS, both the City and the County are authorized by general law to provide for
the health, safety, and welfare of citizens within their respective jurisdictions and now desire to
make the most efficient use of their powers by entering into this Agreement to serve their mutual
best interests and advantage; and
WHEREAS, the County has applied for a 2008 Disaster Recovery Initiative Community
Development Block Grant (CDBG) in the amount of $2,488,963 from the State of Florida,
Department of Community Affairs (hereafter "DCA") to be used for "disaster relief, long term
recovery and restoration of infrastructure, housing and economic revitalization in areas affected
by hurricanes, flooding and other natural disaster that occurred during 2008; and
WHEREAS, Monroe County intends to make the funds available county-wide; and
WHEREAS, an inter-local agreement is required if a CDBG funded activity is outside
the jurisdiction of the applying local government.
1
NOW THEREFORE, in consideration of the mutual covenants and obligations
contained herein, the City and County hereby agree as follows:
1. Purpose. The purpose of this Inter-local Agreement is to coordinate the
distribution of the 2008 CDBG Disaster Recovery Initiative (hereafter "CDBG-DRI") funds for
the benetit of both parties and establish the jurisdiction within which the County is authorized to
undertake disaster relief, long term recovery and restoration of infrastructure and housing and
economic revitalization activities. The Application for 2008 CDBG-DRI Funding, including
attachments and supplements, will provide funding to eligible applicants and properties
countywide.
2. Administration. The County will administer the 2008 CDBG-DRI funds in
conformance with all applicable HUD requirements, as administered by DCA, and as delineated
more specifically in the Application and in the Grant Award Agreement between the County and
DCA. The County's 2008 CDBG-DRI Award will be managed by the Monroe County Housing
Authority (Housing Authority). The Housing Authority may seek an outside firm to perform
Project Delivery Services.
3. Term/Termination. The term of this Agreement shall begin on the date of filing
an executed copy with the Clerk of the Court, and shall expire as of the date the 2008 CDBG-
DRI agreement is administratively closed-out by the County.
4. Jurisdiction. The County is authorized to disburse 2008 CDBG-DRI funds in
accordance with 2008 CDBG-DRI Grant requirements within the geographic boundaries of the
City of Marathon to eligible recipients for purposes of disaster relief, long term recovery and
restoration of infrastructure and housing and economic revitalization activities.
5. Consistency With Comp Plan. By accepting 2008 CDBG-DRI funds the
City affirms that all activities undertaken and funded with 2008 CDBG-DRI funds are consistent
with the City's Comprehensive Plan.
2
6. Notices. In the event either party hereunder desires or is required to provide any
notice to the other party, the party desiring or required to provide such notice shall provide it in
writing, send it by certified mail, return receipt requested, postage prepaid, to the other party at
the address listed below:
If to City:
Mr. Roger Hernstadt, City Manager
City of Marathon
9805 Overseas Highway
Marathon, FL 33050
If to County:
Roman Gastesi, County Administrator
Monroe County
1100 Simonton Street
Key West, Florida 33040
7. Modification. No modification, amendment, or alteration in the terms or
conditions herein shall be effective unless contained in a written document executed with the
same formality and of equal dignity herewith.
8. Execution. This Agreement shall be executed in duplicate and each shall be
considered an original.
9. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the
benefit of the parties to this Interlocal Agreement. No right or cause of action shall accrue upon
or by reason hereof inure to or for the benefit of any third party.
10. Assif;!nrnent. This Agreement shall be binding on the parties, their
representatives, successors and assigns. Neither party shall assign this Agreement or the rights
or obligations hereof to any other person or entity without the prior written consent of the other
party.
3
11. Indemnification. The City, as a state agency or subdivision defined in Section
768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its
own negligent acts or omissions, or intentional tortuous actions, which result in claims or suits
against either County or City, and agrees to be liable to the statutory limits for any damages
proximately caused by said acts or omissions, or intentional tortuous acts.
The County, as a political sub-division of the State of Florida, as defined in
Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such
statute for its own negligent acts or omissions, or intentional tortuous acts, which result in claims
or suits against either the City or County, and agrees to be liable to the statutory limits for any
damages proximately caused by said acts or omissions, or intentional tortuous acts.
Nothing contained in this Section shall be construed to be a waiver by either party
of any protections under sovereign immunity, Section 768.28 Florida Statutes, or any other
similar provision of law. Nothing contained herein shall be construed to be a consent by either
party to be sued by third parties in any matter arising out of this or any other Agreement.
12. Severability. If any part of this Agreement is found invalid or unenforceable by
any court, such invalidity or unenforceability shall not affect the other parts of the Agreement, if
the rights and obligations or the parties contained herein are not materially prejudiced and if the
intentions of the parties continue to be effected.
13. Applicable Law/Disputes/Litigation. This Agreement and the provisions
contained herein shall be construed, controlled, and interpreted according to the laws of the State
of Florida. Any dispute involving litigation between County and City is subject to all provisions
of Chapter 164, Florida Statutes. The parties agree that in the event of any litigation arising out
of any alleged breach or non-performance of this Agreement, the venue for such litigation shall
be in Monroe County, Florida.
14. Attorney's Fees and Costs. The County and the City agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative to the
4
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
15. Nondiscrimination. The County and the City agree to comply with all Federal
and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: I) Title VI of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis ofrace, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended
(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.
1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which
may apply to the parties to, or the subject matter of, this Agreement.
16. Public Access. The County and the City shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
5
County and the City in conjunction with this Agreement; and either party shall have the right to
unilaterally cancel this Agreement upon violation ofthis provision.
17. Privile2es and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County or the City, when performing their respective
functions under this Agreement within their respective territorial limits shall apply to the same
degree and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside their respective territorial limits.
18. Legal Obli2ations and Responsibilities: Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County or the City, except to the extent permitted by the
Florida constitution, state statute, and case law.
19. No Personal Liability. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of the County
or the City in his or her individual capacity, and no member, officer, agent or employee of the
County or the City shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
20. Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by singing any such counterpart.
6
21. Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this Agreement.
22. Mutual Review. This agreement has been carefully reviewed by the County and
the City, therefore this agreement is not to be construed against either party on the basis of
authorship.
23. Effective Date. This Agreement shall take effect upon filing a fully executed
copy with the Monroe County Clerk of the Court.
The remainder of this page has been intentionally left blank.
7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement for the
purpose herein expressed as of the date and year first written above.
CITY OF MARATHON
ATTEST:
CITY CLERK
-
B~aiLclcwu (
MONROE COUNTY
Sylvia Murphy, Mayor
ATTEST:
CLERK OF THE COURT
By:
8
(0~@~W
Sponsored by: Hernstadt
CITY OF MARATHON, FLORIDA
RESOLUTION 2010-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA APPROVING AN INTERLOCAL AGREEMENT
WITH MONROE COUNTY TO P ARTICIP ATE IN THE 2008 COMMUNITY
DEVELOPMENT BLOCK GRANT DISASTER RECOVERY INITIATIVE
PROGRAM; AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Florida Department Community Affairs ("DCA") awarded Momoe County
$2,488,963 for the 2008 CDBG Disaster Recovery Initiative Program; and
WHEREAS, Momoe County is the designated agency:for distribution of the disaster
recovery funds throughout the County; and
WHEREAS, in order to be eligible to receive a portion of the disaster recovery funds the
City must enter into an interlocal agreement with Monroe County.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MARATHON, FLORIDA, THAT:
Section 1.
The above recitals are true and correct and incorporated herein.
Section 2. The Interlocal Agreement between Monroe County and the City for the 2008
CDBG Disaster Recovery Initiative Program attached hereto as Exhibit "A," together with such non-
material changes as may be acceptable to the City Manger and approved as to form and legality by
the City Attorney, is hereby approved. The Mayor is authorized to execute the Interlocal Agreement
on behalf of the City.
Section 3.
This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, THIS 23RD DAY OF FEBRUARY 2010.
THE CIT OF MARATHON, FLORIDA
AYES:
NOES:
ABSENT:
ABSTAIN:
Cinque, Keating, Ramsay, Worthington, Snead
None
None
None
ATTEST:
B7~ Cltwtdr
Diane Clavier, City Clerk
(City Seal)
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE
AND RELIANC OF HE CITY OF MARATHON, FLORIDA ONLY:
;\
INTER-LOCAL AGREEMENT
BETWEEN
CITY OF KEY COLONY BEACH
AND
MONROE COUNTY
FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
2008 DISASTER RECOVERY INITIATIVE
THIS AGREEMENT is made and entered into this _ day of , 2010 by
and between the City of Key Colony Beach (hereafter "City") and Monroe County (hereafter
"County").
WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into
inter-local agreements to make the most efficient use of their powers by enabling them to
cooperate with one another on a basis of mutual advantage; and
WHEREAS, both the City and the County are authorized by general law to provide for
the health, safety, and welfare of citizens within their respective jurisdictions and now desire to
make the most efficient use of their powers by entering into this Agreement to serve their mutual
best interests and advantage; and
WHEREAS, the County has applied for a 2008 Disaster Recovery Initiative Community
Development Block Grant (CDBG) in the amount of $2,488,963 from the State of Florida,
Department of Community Affairs (hereafter "DCA") to be used for "disaster relief, long term
recovery and restoration of infrastructure, housing and economic revitalization in areas affected
by hurricanes, flooding and other natural disaster that occurred during 2008; and
WHEREAS, Monroe County intends to make the funds available county-wide; and
WHEREAS, an inter-local agreement is required if a CDBG funded activity is outside
the jurisdiction of the applying local government.
1
NOW THEREFORE, in consideration of the mutual covenants and obligations
contained herein, the City and County hereby agree as follows:
I. Purpose. The purpose of this Inter-local Agreement is to coordinate the
distribution of the 2008 CDBG Disaster Recovery Initiative (hereafter "CDBG-DRI") funds for
the benefit of both parties and establish the jurisdiction within which the County is authorized to
undertake disaster relief, long term recovery and restoration of infrastructure and housing and
economic revitalization activities. The Application for 2008 CDBG-DRl Funding, including
attaclunents and supplements, will provide funding to eligible applicants and properties
countywide.
2. Administration. The County will administer the 2008 CDBG-DRI funds in
conformance with all applicable HUD requirements, as administered by DCA, and as delineated
more specifically in the Application and in the Grant Award Agreement between the County and
DCA. The County's 2008 CDBG-DRI Award will be managed by the Momoe County Housing
Authority (Housing Authority). The Housing Authority may seek an outside finn to perform
Project Delivery Services.
3. Term/Termination. The term of this Agreement shall begin on the date of filing
an executed copy with the Clerk of the Court, and shall expire as of the date the 2008 CDBG-
DRI agreement is administratively closed-out by the County.
4. Jurisdiction. The County is authorized to disburse 2008 CDBG-DRI funds in
accordance with 2008 CDBG-DRI Grant requirements within the geographic boundaries of the
City of Key Colony Beach to eligible recipients for purposes of disaster relief, long term
recovery and restoration of infrastructure and housing and economic revitalization activities.
5. Consistency With Comp Plan. By accepting 2008 CDBG-DRI funds the
City affirms that all activities undertaken and funded with 2008 CDBG-DRI funds are consistent
with the City's Comprehensive Plan.
2
6. Notices. In the event either party hereunder desires or is required to provide any
notice to the other party, the party desiring or required to provide such notice shall provide it in
writing, send it by certified mail, return receipt requested, postage prepaid, to the other party at
the address listed below:
If to City:
City Administrator
City of Key Colony Beach
P.O. Box 510141
Key Colony Beach, FL 33051-0141
If to County:
Roman Gastesi, County Administrator
Monroe County
1100 Simonton Street
Key West, Florida 33040
7. Modification. No modification, amendment, or alteration in the terms or
conditions herein shall be effective unless contained in a written document executed with the
same formality and of equal dignity herewith.
8. Execution. This Agreement shall be executed in duplicate and each shall be
considered an original.
9. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the
benefit of the parties to this Interlocal Agreement. No right or cause of action shall accrue upon
or by reason hereof inure to or for the benefit of any third party.
10. Assignment. This Agreement shall be binding on the parties, their
representatives, successors and assigns. Neither party shall assign this Agreement or the rights
or obligations hereof to any other person or entity without the prior written consent of the other
party.
3
11. Indemnification. The City, as a state agency or subdivision defined in Section
768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its
own negligent acts or omissions, or intentional tortuous actions, which result in claims or suits
against either County or City, and agrees to be liable to the statutory limits for any damages
proximately caused by said acts or omissions, or intentional tortuous acts.
The County, as a political sub-division of the State of Florida, as defined in
Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such
statute for its own negligent acts or omissions, or intentional tortuous acts, which result in claims
or suits against either the City or County, and agrees to be liable to the statutory limits for any
damages proximately caused by said acts or omissions, or intentional tortuous acts.
Nothing contained in this Section shall be construed to be a waiver by either party
of any protections under sovereign immunity, Section 768.28 Florida Statutes, or any other
similar provision of law. Nothing contained herein shall be construed to be a consent by either
party to be sued by third parties in any matter arising out of this or any other Agreement.
12. Severability. If any part of this Agreement is found invalid or unenforceable by
any court, such invalidity or unenforceability shall not affect the other parts of the Agreement, if
the rights and obligations or the parties contained herein are not materially prejudiced and if the
intentions of the parties continue to be effected.
13. Applicable LawlDisputeslLitigation, This Agreement and the provIsIons
contained herein shall be construed, controlled, and interpreted according to the laws of the State
of Florida. Any dispute involving litigation between County and City is subject to all provisions
of Chapter 164, Florida Statutes. The parties agree that in the event of any litigation arising out
of any alleged breach or non-performance of this Agreement, the venue for such litigation shall
be in Momoe County, Florida.
14. Attornev's Fees and Costs. The County and the City agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative to the
4
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
15. Nondiscrimination. The County and the City agree to comply with all Federal
and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis ofrace, color or national origin; 2) Title IX ofthe Education
Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended
(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.
1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which
may apply to the parties to, or the subject matter of, this Agreement.
16. Public Access. The County and the City shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
5
County and the City in conjunction with this Agreement; and either party shall have the right to
unilaterally cancel this Agreement upon violation of this provision.
17. Privileges and Immunities. All of the privileges and immunities from liability:
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County or the City, when performing their respective
functions under this Agreement within their respective territorial limits shall apply to the same
degree and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside their respective territorial limits.
18. Legal Obligations and Responsibilities: Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the perfonnance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County or the City, except to the extent permitted by the
Florida constitution, state statute, and case law.
19. No Personal Liability. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of the County
or the City in his or her individual capacity, and no member, officer, agent or employee of the
County or the City shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
20. Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by singing any such counterpart.
6
21. Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only> and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this Agreement.
22. Mutual Review. This agreement has been carefully reviewed by the County and
the City, therefore this agreement is not to be construed against either party on the basis of
authorship.
23. Effective Date, This Agreement shall take effect upon filing a fully executed
copy with the Monroe County Clerk of the Court.
The remainder of this page has been intentionally left blank.
7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement for the
purpose herein expressed as of the date and year first written above.
CITY OF KEY COLONY BEACH
~~
Ron utton,41ayor
ATTEST:
CITY CLERK
By:iJW- < flJ~
APPROVED AS TO FORM:
~~ Q z:&:~
(City Attorney)
MONROE COUNTY
Sylvia Murphy, Mayor
ATTEST:
CLERK OF THE COURT
By:
~
1Iiu1-~-X
. ---
(cOuntY/A:ftOrney) I!
? lu 16
8
INTER-LOCAL AGREEMENT
BETWEEN
ISLAMORADA, VILLAGES OF ISLANDS
AND
MONROE COUNTY
FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
2008 DISASTER RECOVERY INITIATIVE
THIS AGREEMENT is made and entered into this __ day of ,2010 by
and between ISLAMORADA, VILLAGES OF ISLANDS (hereafter "Village") and Monroe
County (hereafter "County").
WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into
inter-local agreements to make the most efficient use of their powers by enabling them to
cooperate with one another on a basis of mutual advantage; and
WHEREAS, both the Village and the County are authorized by general law to provide
for the health, safety, and welfare of citizens within their respective jurisdictions and now desire
to make the most efficient use of their powers by entering into this Agreement to serve their
mutual best interests and advantage~ and
WHEREAS, the County has applied for a 2008 Disaster Recovery Initiative Community
Development Block Grant (CDBG) in the amount of $2,488,963 from the State of Florida,
Department of Community Affairs (hereafter "DCA") to be used for "disaster relief, long telm
recovery and restoration of infrastructure, housing and economic revitalization in areas affected
by hurricanes, flooding and other natural disaster that occurred during 2008; and
WHEREAS, Monroe County intends to make the nmds available county-",~de; and
'VHEREAS, an inter-local agreement is required if a CDBG funded activity is outside
the jurisdiction of the applying local government.
NOW THEREFORE, in consideration of the mutual covenants and obligations
contained herein, the Village and County hereby agree as follows:
1. Purpose, The purpose of this Inter-local Agreement is to coordinate the
distribution of the 2008 CDBG Disaster Recovery lnitiative (hereafter "CDBG-DRI") funds for
the benefit of both parties and establish the jurisdiction within whic1l the County is authorized to
undertake disaster reliet: long ternl recovery and restoration of infrastructure and housing and
economic revitalization activities. The Application for 2008 CDBO-DRl Funding, including
attachments and supplements, will provide funding to eligible applicants and properties
countywide.
2. Administration. The County will administer the 2008 CDBG-DRl funds in
confonnance with all applicable HUD requirements, as administered by DCA, and as delineated
more specifically in the Application and in the Grant Award Agreement between the County and
DCA. The County's 2008 eDBG-DRI Award vliU be managed by the Monroe County Housing
Authority (Housing Authority). The Housing Authority may seek an outside filTIl to perfonn
Project Delivery Services.
3. Termrrermination. TIle tenn of this Agreement shall begin on the date offiling
an executed copy with the Clerk of the Court, and shall expire as of the date the 2008 CDBG-
DRI agreement is administratively closed-out by the County.
4. Jurisdiction. The County is authorized to disburse 2008 CDBG-DRI funds in
accordance with 2008 CDBG-DRI Grant requirements within the geographic boundaries of
Islamorada, Village of Island, to eligible recipients for purposes of disaster relief, long term
recovery and restoration ofinn:astructure and housing and economic revitalization activities.
5. Consistency With Com}) Plan. By accepting 2008 CDEG-DRI funds the
Village affirms that all activities undertaken and funded with 2008 CDBG-DRI funds are
consistent with the Village's Comprehensive Plan.
2
6. Notices. In the event either parry hereunder desires or is required to provide any
notice to the other party, the paI1y desiring or required to piOvide such notice shall provide it in
writing, send it by certified mail, return receipt requested, postage prepaid, to the other party at
the address listed below:
ffto Village:
Mr. Kenneth Field~, Village Manager
Islamorada, Village ofTslands
86800 Overseas Highway
Islamorada, Florida 33036
If to County:
Roman Gastesi, County Administrator
Monroe County
1100 Simonton Street
Key West, Florida 33040
7. Modification. No modification, amendment, or alteration in tbe temlS or
conditions herein shall be effective unless contained in a written document executed with the
same formality and 0 f equal dignity herewith.
8. Execution. This Agreement shall be executed tn duplicate and each shall be
considered an original.
9. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the
benefit of the parties to this lnterlocal Agreement. No right or cause of action shall accrue upon
or by reason hereof inure to or for the benefit of any third party.
10.
Assignment.
TI1is Agreement shall be binding on the parties, their
representatives, successors and assigns. Neither party shall assign this Agreement or the rights
or obligations hereof to any other person or entity without the prior written consent of the other
party.
..,
.)
il. Indemnification. The Village, as a state agency or subdivision defined in Section
768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its
o\vn negligent acts or omissions, or intentional tortuous a~tions, which result in claims or suits
against either County or Village, and agrees to be liable to the statutory limits for any damages
proximately caused by said acts Or omissions, or intentionai tortuous acts,
'111e County, as a political sub-division of the State or Florida, as defined in
Section 768.28; Florida Statutes, agrees to be fully responsible to the limits set forth in such
statute for its own negligent acts or omissions, or intentional tortuous acts, which result in claims
or suits against either the Village or County, and agrees to be liable to the statlltory limits for any
damages proximately caused by said acts or omissions, or intentional tortuous acts.
Nothing contained in this Section shall be construed to be a waiver by either party
of any protections under sovereign immunity, Section 768.28 Florida Statutes, or any other
similar provision of law. Nothing contained herein shall be construed to be a consent by either
party to be sued by third parties in any matter arising out of this or any other Agreement.
12. Severability. If any part of this Agreement is found invalid or unenforceable by
any court, such invalidity or unenforceability shall not affect the other parts of the Agreement, if
the rights and obligations or the parties contained herein are not materially prejudiced and if the
intentions of the parties continue to be effected.
13. Applicable LawlDisputeslLitigation. This Agreement and the provisions
contained herein shall be construed, controlled, and interpreted according to the laws of the State
of Florida. Any dispute involving litigation between County Emd Village is subject to all
provisions of Chapter 164, Florida Statutes. The parties agree that in the event of any litigation
arising out of any alleged breach or non-performance of this Agreement, the venue for such
litigation shall be in Monroe County, Florida.
14. Attorncyl S Fees and Costs. The County and the Village agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party relative toh
4
the enforcement or interpretation of tilis Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to lhis Agreement shall be in accordance \.vith the Florida Rules of Civil Procedure and
usual and customary procedures requiTed by the circuit court of Monroe COQ..T1ty.
15. Nondiscrimination. The County and the Village agree to comply with all
Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of
1964 CPL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 use $8.1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 use s. 794), which prohibits discrimination on the basis of
handicaps; 4} The Age Discrimination Act of 1975, as amended (42 use ss. 6101-6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PI., 92-255), as amended. relating to nondiscrimination on the basis of drug abuse; 6) ll1e
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment a.nd Rehabilitation Act of
1970 (PL 91-616), as amended. relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 use S5. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)
Title VIII of the Civil Rights Act of 1968 (42 use s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 use s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination OIl the basis of disability; 10) Any other nondiscrimination provisions in
any Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
16. Public Access. The County and the Village shaH allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter] 19, Florida Statutes, and made or received
j
by the County and the Village in conjunction with this Agreement; and either party shall have the
right to unilaterally cancel this Agreement upon violation of this provision.
17. Privile2es and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and 11lles and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County or the Village, when perfonning their respective
functions under this Agreement within their respective territorrallimits shall apply to the same
degree and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside their respective territorial limits.
18. Leg:al ObHgations and Responsibilities: Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shali it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be otIered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authmizing the delegation of the
constitutional or statutory duties of the County or the Village, except to the extent permitted by
the Florida constitution, state statute, and case law.
19. No Personal Liability. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of the Count)'
or the Village in his or her individual capacity, and no member, officer, agent or employee of the
County or the Village shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
20. Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreell)ent
by singing any such counterpart.
6
21. Section Headin2"s. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and win not be used in the interpretation of any provision of this Agreement.
22. Mutual Review. This agreement has been carefully reviewed by the County and
the Village, therefore this agreement is not to be construed against either party on the basis of
authorship.
23. Effective Date. Tills Agreement shall talce effect upon filing a fully executed
copy with the Monroe County Clerk afthe Court.
The remainder of this page has been intentionally left blank.
7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement for
the purpose herein expressed as of the date and year first written above.
ISLAMORADA, VILLAGE OF ISLANDS
-~~
---Mic ae Reckwerdt', Mayor
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND BENEFIT
OF ISLAMORADA, VILLAGE OF
ISLANDS ONLY:
~~
(Village Attorney)
ATTEST:
CLERK OF THE COURT
MONROE COUNTY:
By:
Sylvia Murphy, Mayor
APPROVED AS TO FORM:
~p, ~;fo
y Atto ey)
RESOLUTION NO. 10-03-24
A RESOLUTION OF THE VILLAGE COUNCIL OF
ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA,
APPROVING AN INTERLOCAL AGREEMENT WITH
MONROE COUNTY FOR THE CO~UNITY
DEVELOPMENT BLOCK GRANT (CDBG) DISASTER
RECOVERY INITIA TIVE; AUTHORIZING VILLAGE
OFFICIALS TO IMPLEMENT THE TERMS AND
CONDITIONS OF THE INTERLOCAL AGREEMENT;
AUTHORIZING THE MAYOR TO EXECUTE THE
INTERLOCAL AGREEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Monroe County (the "County") has applied for a 2008 Disaster Recovery
Initiative Community Development Block Grant (CDBG); and
WHEREAS, an interlocal agreement between Islamorada, Village of Islands (the "Village")
and the County is required in order for the funds to be available county-wide; and
WHEREAS, the Village Council deems it in the best interest of the Village to make this
funding available through the County to Village residents;
NOW THEREFORE, BE IT RESOL VED BY THE VILLAGE COUNCIL OF
ISLAMORADA, VILLAGE OF ISLANDS, AS FOLLOWS:
Section 1.
Recitals.
The above recitals are true and correct and are incorporated herein by this reference.
Section 2.
Approval of A2"reement. The lnterlocal Agreement (the "Agreement")
between Monroe County and the Village to provide for the Community Development Block Grant
(CDBG) 2008 Disaster Recovery Initiative, a copy of which is attached as Exhibit "A," together with
such non-material changes as may be acceptable to the Village Manager and approved as to fonn and
legality by the Village Attorney, is approved.
CERTIFIED COpy OF ORIGINAL
HER.DEPUTY VILLAGE 1':1 I=i:tl(
,
!
i
I
I
I
f
I
Section 3.
Authorization of Villa~e Officials. The Village Manager and/or his designee
and the Village Attorney are authorized to take all actions necessary to implement the terms and
conditions of the Agreement.
Section 4. Execution of Agreement. The Mayor is authorized to execute the
Agreement on behalf of the Village, to execute any required documents to implement the terms and
conditions of the Agreement and to execute any extensions' and/or amendments to the Agreement,
subject to the approval as to form and legality by the Village Attorney.
Section 5.
Effective Date.
This Resolution shall become effective immediately upon its adoption. .
PASSED AND ADOPTED this 25th day of March, 2010
Motion to adopt by Vice Mayor Achenberg; seconded by Councilman Purdo.
FINAL VOTE AT ADOPTION
Mayor Michael Reckwerdt
Vice Mayor Don Achenberg
Councilman Bob Johnson
Councilman Ken Philipson
Councilman Dave Purdo
YES
YES
YES
YES
YES
[THIS SPACE LEFT INTENTIONALLY BLANK]
ATTEST:
!~at~6CERK
.Ap~~
"MICHAEL RECKWERDT, MAY R
APPROVED AS TO FORM AND LEGALITY
FOR THE USE AND BENEFIT OF ISLAMORADA,
VILLAGE OF ISLANDS ONLY:
~
VILLAGE ATTORNEY
Weiss, Serota, Helfinan, Pastoriza,
Cole & Boniske, P.L.