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Little Palm Cottages 10/17/2014CL q , X02 =- OGNry FLORIDA' DATE: October 30, 2014 AMY NEnILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY, FLORIDA TO: Christine Hurley, Director of Growth Management ATTN: Mayra Tezanos Executive Assistant FROM: Lindsey Ballard, D. CV99 At the October 17, 2014, Board of County Commissioner's meeting the Board granted approval and authorized execution of Items: HI Eleventh (11 th) Amendment to the Agreement for Professional Services with Keith and Schnars P.A., (K &S), with no change to the total contract price, to combine the 9th Amendment (reorganized the remaining tasks and schedule of the project and the 10th Amendment (added a task to collect noise data to establish a noise baseline) in order to clarify the total payments under both amendments. H3 Interlocal Agreement between Monroe County and the City of Marathon Transferring Affordable Housing Allocations, according to a prior approval by the BOCC of an agreement with Little Palm Cottages, LLC Enclosed is duplicate originals executed on behalf of Monroe County, for your handling. Should you have any questions, please feel free to contact me. cc: County Attorney Finance File 500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 295 -3130 Fax: 305- 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 - 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146 INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF MARATHON TRANSFERRING AFFORDABLE HOUSING ALLOCATIONS This Agreement ( "Agreement ") is made and entered into this _L! day of 2014, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 ( "County ") and the City of Marathon, a municipal corporation of the State of Florida, whose address is 9805 Overseas Highway, Marathon, Florida 33050 (the "City "); WITNESSETH: WHEREAS, Monroe County and the City of Marathon recognize the value of regional partnerships in smart growth; and WHEREAS, Policy 101.2.15 of the Year 2010 Monroe County Comprehensive Plan allows Rate of Growth Ordinance building permit allocations (ROGOs) for affordable housing projects to be pooled and transferred between local government jurisdictions within the Florida Keys Area of Critical State Concern, if accomplished through an interlocal agreement between the sending and receiving local governments; and WHEREAS, Monroe County and the City of Marathon have previously entered into Interlocal Agreements to transfer ROGOs; and WHEREAS, Monroe County and Little Palm Cottages, LLC entered into an agreement on July 17, 2013, entitled "Agreement between Monroe County, Florida and Little Palm Cottages, LLC to Reserve Affordable Housing ROGO Allocations, Formalize an Alternative Compliance to the Inclusionary Housing Requirements /Linkage of Project Plan, and Provide Little Palm Cottages, LLC with Authorization to Qualify Applications for Affordable Housing Occupancy" ( "Linkage Agreement ") attached as Exhibit A; and WHEREAS, pursuant to the County's inclusionary housing requirements, MCC §130- 161(b)(2)b., 30% of the residential dwelling units developed by Little Palm Cottages, LLC are required to be developed as affordable housing (30% of 48 = 14.4); and WHEREAS, Little Palm Cottages, LLC, had 48 market rate ROGO exemptions, has constructed 48 units, and has filed an affordable housing deed restriction insuring that 14 units will be affordable; and WHEREAS, Little Palm Cottages, LLC may, through the Linkage Agreement, construct up to 19 affordable housing units off -site and link them to the market -rate housing units that are on -site and satisfy the 30% inclusionary housing requirements (48 on -site market -rate units + 14 off -site affordable units = 62 total units, 30% of 62 = 18.6); and WHEREAS, by letter dated August 26, 2014 (Exhibit B), John F. Weir, Managing Member of Eastwind Little Palm, LLC, Managing Member of Little Palm Cottages, LLC, has requested that Monroe County transfer nineteen (19) affordable ROGO allocations from Monroe County pursuant to Final BOCC September 17, 2014 Marathon August 26 2014 the Linkage Agreement and Resolution No. 208A -2013, (attached as Exhibit C), to the City for an affordable (moderate income) and market rate residential rental project in the City of Marathon; and WHEREAS, the Linkage Agreement allows the 14 affordable ROGO allocations to be removed from the Little Palm Cottages, LLC site, now known as Little Torch Cottages, and that the 14 units be allowed to revert to market rate units as long as 19 affordable housing units are constructed off site and deed restricted as affordable housing, thus fulfilling the County's inclusionary housing requirements for the 48 market rate residential units at Little Torch Cottages; and WHEREAS, Monroe County and the City of Marathon recognize the potential economic value of such transferable allocations; and WHEREAS, this Agreement is entered into according to the authority of Florida Statutes, Section 163.01, et. seq., Florida Interlocal Cooperation Act of 1969, which states: "It is the purpose of this section to permit local government units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities "; and WHEREAS, the comprehensive plans of Monroe County and the City of Marathon expressly identify interlocal agreements as a means of resolving issues mutually affecting their respective jurisdictions; and WHEREAS, the parties have determined that this Agreement is in the best interests of the public; NOW, THEREFORE, the parties hereto agree as follows: Section 1. TRANSFER: The parties agree to permit the transfer of up to nineteen (19) affordable housing moderate income ROGO allocations from Monroe County to the City of Marathon for allocation, pursuant to the foregoing Linkage Agreement, and subject to the conditions contained therein, including but not limited to: a. Little Palm Cottages, LLC or its assignee constructing the affordable off -site units related to such allocations. b. the filing of an Affordable Housing Deed Restriction on the new affordable housing units pursuant to Paragraph III.G. of the Agreement. Section 2. ASSIGNMENT: Little Palm Cottages, LLC has assigned its rights to the allocations to Marathon Ocean Housing, LLC, and the 19 affordable housing allocations are to be issued by the City to be used specifically by Marathon Ocean Housing, LLC at the development in Marathon known as Tarpon Harbour. (Assignment attached as Exhibit D.) In the event that the affordable component of 4 the Marathon Ocean Housing, LLC development is not completed for any reason within the time provided for in the City's Conditional Use Permit, the allocations revert to Monroe County and to their former status under the Agreement. Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this Agreement shall continue in force until otherwise retracted by action of the County or the City or until the termination of the Linkage Agreement and pursuant to Resolution 208A -2013, which is December 31, 2021. Section 4. GOVERNING LAWS/VENUE: This Agreement shall be construed in accordance with and governed by the laws of the State of Florida and the United States. Exclusive venue for any dispute arising under this Agreement shall be in the Sixteenth Judicial Circuit in and for Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and costs. This Agreement is not subject to arbitration. Section 5. NONDISCRIMINATION: The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties 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 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (2) Section 504 of the Rehabilitation Act of 1973, as amended (20 U.S.C. s. 1975, as amended (42 U.S.C. ss. 6101- 6107)), which prohibits discrimination on the basis of age; (4) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health Service Act of 1912, ss. 523 and 527, (42 U.S.C. ss. 290 dd -3 and 290 ee03), as amended, relating to confidentiality of alcohol and drug abuse patient records; (7) The Americans With Disabilities Act of 1990 (42 U.S.C. s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; (8) The Florida Civil Rights Act of 1992, (Chapter 760, Florida Statutes, and Section 509.021, Florida Statutes), as may be amended from time to time, relating to nondiscrimination; and (9) any other nondiscrimination provisions in any federal or state statues or local ordinances which may apply to the parties to, or the subject matter of, this Agreement. Section 6. CODE OF ETHICS: The parties agree that their officers and employees recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 7. NO SOLICITATION/PAYMENT: The parties warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not been paid or agreed to pay any person, company, corporation, individuals, or firm, other than a bona fide employee working solely for it, any 3 fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach of violation of this provision, each party agrees that the other party shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. Section 8. SUBORDINATION: This Agreement is subordinate to the laws and regulations of the United States and the State of Florida, whether in effect on commencement of this Agreement or adopted after that date. Section 9. INCONSISTENCY: If any item, condition, or obligation of this Agreement is in conflict with other items of this Agreement, the inconsistencies shall be construed so as to give meaning to those terms which limited the County's responsibility and liability. Section 10. PUBLIC ACCESS TO RECORDS: The parties shall allow and permit members of the public reasonable access to, and inspection of, all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the parties in conjunction with this Agreement. Section 11. NON - RELIANCE BY NON - PARTIES: Other than as stated herein, no person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the parties agree that neither the County nor the City or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 12. 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 a party in his or her individual capacity, and no member, officer, agent or employee of a party shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 13. NOTICES: All notices and other communications hereunder must be in writing and addressed as follows, or to any other address which either party may designate to the other party by mail: If to County: Roman Gastesi, Jr., County Administrator Monroe County Historic Gato Building 1100 Simonton Street Key West, Florida 33040 With a copy to: Robert B. Shillinger, Jr., Esquire Monroe County Attorney's Office P.O. Box 1026 Key West, Florida 33041 -1026 rd If to City: Michael Puto Interim City Manager City of Marathon 9805 Overseas Highway Marathon, Florida 33050 With a copy to: Lynn Dannheisser, Esquire City Attorney GrayRobinson, P.A. 1221 Brickell Avenue, Suite 1600 Miami, Florida 33131 Any notice required by this Agreement to be given or made within a specified period of time, or on or before a date certain, shall be deemed to have been duly given if sent by certified mail, return receipt requested, postage and fees prepaid; hand delivered, or sent by overnight delivery service. Section 14. ENTIRE AGREEMENT/MODIFICATION /AMENDMENT: This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. Section 15. COUNTERPARTS: This Agreement may be executed in several counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument. Section 16. EFFECTIVE DATE: This Agreement shall take effect on the date set forth above. SIGNATURES ON FOLLOWING PAGES 5 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly ATTEST: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayo hairoirson Date: sZp Gwyot -y 1" ?0+ APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County ttorney THE CITY OF MARATHON, FLORIDA By: DIANE CLAVIER Mayor Dick Ramsay, Date 7��1� City Clerk (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF l Dannheisser Attorney MONRO O'016D ATTORNEY �A PPROtf6 FORM Date: lit r authorized representative. LITTLE PALM COTTAGES, LLC BY: EASTWIND LITTLE PALM, LLC Managing Member By: �� 9 ( "1' JO F. WE Managing Member EXHIBIT A r K.r, V s-I&D 6� 5VGA0 (�elftue) �. "7ja' 40eQ5E _S 1 f%1 � A�v N FL . 33as OceN 1947413 08/26/2013 11:51AM Filed & Recorded in Official Records of MONROE COUNTY AMY NEAVILIN Oocp 1947413 8kn 2646 Pgp 1727 AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND LITTLE PALM COTTAGES, LLC TO RESERVE AFFORDABLE HOUSING ROGO ALLOCATIONS, FORNIALIZE AN ALTERNATIVE COMPLIANCE TO THE INCLUSIONARY HOUSING REQUIREMENTS / LINKAGE OF PROJECT PLAN, AND PROVIDE LITTLE PALM COTTAGES, LLC WITH AUTHORIZATION TO QUALIFY APPLICANTS FOR AFFORDABLE HOUSING OCCUPANCY This Agreement to reserve affordable housing ROGO allocations consistent with Monroe County Code (MCC) §138- 24(b), formalize an alternative compliance consistent with MCC §130-161(b)(4) / linkage of project plan consistent with MCC §130-161(c), and provide Little Palm Cottages, LLC with authorization to qualify applicants for affordable housing occupancy consistent with MCC §130- 161(0(8)c. ( "Agreement ") is entered into this 71 t day of 2013 ( "Agreement Date "), between LITTLE PALM COTTAGES, LLC ( "Appli t ") and MONROE COUNTY, FLORIDA ( "County"). I. RECITALS A. Applicant owns real property located at 133 Barry Avenue, Little Torch Key, Monroe County, as more particularly described in Exhibit "A" attached hereto, "the Property." B. As of the date of this Agreement, the Property, which consists of approximately 3.55 acres of upland area, was developed with four (4) single - family residences, in the form of three (3) detached residential dwelling units and one (1) mobile home. C. Monroe County recognizes 48 ROGO exemptions as being associated with the Property. The Property was previously used a mobile home park, known as Lucky's Landing Trailer Park. Of the 48 recognized ROGO exemptions, 45 were associated with mobile homes (44 of which were demolished in 2007) and 3 are associated with the existing single - family detached residential dwelling units. D. Applicant desires to construct 48 residential dwelling units for rental on the Property. Applicant wishes to raze 3 of the 4 single - family residences on the Property, and convert 1 of the single - family residences on the Property into a clubhouse to serve the 48 residential dwelling units (hereinafter, the "Project "). Applicant submitted to the County Planning and Environmental Resources Department a Request for Minor Conditional Use Permit application (Planning Department File #2013 -033) for the Project ( "Applicant's Request for Minor Conditional Use "), and on May 23, 2013, the Monroe County Director of Planning and Environmental Resources issued Development Order #02 -13 approving Applicant's Request for Minor Conditional Use, provided as Exhibit "B." E. Pursuant to the County's inclusionary housing requirements, MCC §130 - 161(b)(2)b., 30% of the 45 residential dwelling units which are being converted from prior mobile home use are required to be developed as affordable housing. Pursuant to MCC §130- Revised July 2, 2013 Doe# 1947413 Bkp 2646 Pga 1728 161(b)(2)a., 30% of the 3 residential dwelling units which are being converted from prior non - mobile home residential use are required to be developed as affordable housing. Therefore, for a Project of 48 total residential dwelling units, 14 residential dwelling units are required to be deed - restricted as affordable housing (30% of 48 = 14.4). F. The County finds that the Project's 14 affordable housing units (provided either on -site or off -site) advances Monroe County Comprehensive Plan Goal 601 by providing new, safe, decent, and structurally sound affordable housing. Additionally, the County finds that the Project advances Monroe County Comprehensive Plan Objective 601.3 by replacing prior substandard mobile home residential uses while also enhancing the County's existing housing stock. Additionally, the County finds that the auditing and reporting requirements required of the Provider (as that term is more specifically defined in section V) advances Monroe County Comprehensive Plan Policy 601.1.15 related to monitoring affordable housing eligibility. G. As detailed in a May 21, 2013 staff report to the Monroe County Planning Commission, excluding the Big Pine Key and No Name Key ROGO subarea, the County had 262 affordable housing ROGO allocations available as of that date for reservation pursuant to MCC §138 -24(b) (168 of which were classified as very low / low / median- income eligible and 94 of which were classified as moderate - income eligible). H. The purpose of this Agreement is to govern the logistics of the Project's ROGO component by: (i) allowing the application of MCC §130 -161, to permit Applicant to meet "alternative compliance" and/or "link" any off -site deed - restricted affordable housing units to the on -site Project as contemplated herein, (ii) allow the application of MCC §130- 161(b)(4), Alternative compliance, and MCC §130- 161(c), Linkage of projects, to allow Applicant to link 19 off -site units with the Project to achieve the inclusionary housing requirements of MCC §130- 161(b), and (iii) designating Provider as an approved non - governmental organization to oversee administration of the Applicant's affordable housing units. I. Except as expressly outlined herein, this Agreement does not approve any development of property and does not waive any development approvals. J. As more particularly outlined in Article VI(B), below, this Agreement shall become effective only after all appeal periods related to any Order associated with Applicant's Request for Minor Conditional Use have run. II. RESERVATION OF 19 AFFORDABLE HOUSING ROGO ALLOCA`T'IONS BY MONROE COUNTY A. Applicant requests Monroe County to "reserve" 19 affordable housing moderate - income ROGO allocations so that up to 14 of the Project's affordable housing units may "revert" to market rate units if and when Applicant uses the reserved affordable housing ROGO units at another approved location(s) within 35 miles of the Project's location, excluding a location on Big Pine Key or No Name Key. Applicant acknowledges that use at locations within the cities of Key West, Marathon and/or Key Colony Beach will require approval by the Board of County Commissioners and execution of an appropriate interlocal agreement. For every 4 off -site units Revised July 2, 2013 Doca 1947413 Bka 2646 P94 1729 which are granted certificates of occupancy and deed restricted as affordable housing, the County will release 3 of the affordable housing units on the Property from the Project's Affordable Housing Deed Restriction. Once 12 of the affordable housing units on the Property have been released from the Project's Affordable Housing Deed Restriction, 3 additional off -site units must be constructed and granted certificates of occupancy and deed restricted in order for the final 2 deed restricted affordable housing units on the Property to be released from the Project's Affordable Housing Deed Restriction. In the event, Applicant opts to construct only a partial amount of the 14 off -site units, the following table provides the required total of affordable housing units for each scenario: Number of Off Site Units Number of Total Units Required Total of Affordable Housing Units (30 Percent) 0 48 14 14.4 1 49 15 14.7 2 50 1505.0 3 51 15 (15.3 4 52 16 15.6 5 53 16 15.9 6 54 16 16.2 7 55 17 16.5 8 56 17 16.8 9 57 17 17.1 10 58 17 17.4 11 59 18 17.7 12 60 18 18.0 13 61 18 18.3 14 62 19 18.6 * As required in MCC Section 130- 161(b)(2)(c), only tractional requirements equal to or greater than .5 shall be rounded up to the nearest whole number. B. Monroe County shall hereby reserve, by separate resolution of the Board of County Commissioners as required by MCC § 138- 24(b), 19 affordable housing moderate income (as defined in MCC § 110 -1) ROGO allocations for linkage to the Project ( "Reserved Units). If located in unincorporated Monroe County, Applicant shall comply with all regulations in the Monroe County Code concerning the location and construction of affordable housing. If located in unincorporated Monroe County, no units shall be constructed on Big Pine or No Name Keys, within a Tier I designated area, within a V -zone on the Federal Emergency Management Agency's flood insurance rating map, or within a Tier III -A (special protection area) designated area if clearing is proposed for any portion of an upland native habitat patch of one acre or greater in area. If located in an incorporated area of Monroe County, Applicant shall comply with all regulations in the pertinent municipality concerning the location and construction of affordable housing. C. Upon completion of the Project's residential units, and recordation of an appropriate deed restriction recognizing the designation of 14 of the Project's on -site residential dwelling units as affordable, the Project shall be deemed to have met the inclusionary affordable Revised July 2, 2013 DocN 1947413 Ska 2646 Pg# 1730 housing congruency requirement of MCC §130-161(b). A copy of the approved deed restriction to be recorded upon completion of the Project is attached hereto as Exhibit "C." III. APPROVAL OF ALTERNATIVE COMPLIANCEILINNIGAGE OF OFD' -SI'TE AFFORDABLE HOUSLNG UNITS A. Linkage of inclusionary affordable housing is permitted in the MCC. Applicant is seeking the ability, at some future date, to construct up to 19 affordable housing units off -site and link them to the market -rate housing units that are on -site. In order to accomplish this request, Applicant seeks the County reserve 19 of its available affordable housing ROGO allocations (moderate): one for each of the 14 affordable housing units required to be built as part of the Project of 48 total on -site units plus a maximum additional of 5 for the additional affordable housing units needed to meet the 30% requirement if a larger on -site project, fully market -rate is constructed or converted (48 on -site market -rate units + 14 off -site affordable units = 62 total units, 30% of 62 = 18.6). This reservation is to allow Applicant, at some future date but within the timeframe set forth herein and in the affordable housing reservation resolution, to use such reserved affordable housing ROGO allocations at other locations within the County as allowed and provided in section II(A). Specifically, once the Project is completed on the Property, Applicant may build up to 19 off -site affordable housing units for "linkage" of such off -site affordable units to the Project. B. In the event Applicant does desire to construct affordable housing units off -site, Applicant seeks the County's approval for such off -site affordable housing units to constitute adequate and appropriate "linkage" as contemplated in MCC §130-161(c). Since such linkage would occur, if at all, after the completion of the Project, and since Applicant seeks to accomplish such linkage by constructing up to 19 off -site units, Applicant also seeks the County, pursuant to MCC §130- 161(b)(3), to adjust the requirements of MCC §130 -161 to accommodate the flexibility Applicant seeks in providing deed - restricted affordable housing units as more particularly described herein. C. To be consistent with the reservation resolution required by section II(B), Applicant has through and until December 31, 2021 ( "Linkage Period ") in which to apply for and receive building permits authorizing Applicant to construct up to 19 affordable housing units at other off -site, approved locations within the County ( "Off -site Units "). D. As it is not technically a transfer of a ROGO exemption, Minor Conditional Use approval will not be required for construction of the Off -site Units. However, all other applicable site development approvals shall be required for construction of such Off -site Units. A Conditional Use shall be required if the land use district of the site(s) where the Off -site Units are to be located requires such a Conditional Use approval for the use. E. Within the Linkage Period, Applicant, or Applicant's assignee, may, but shall not be required to, use all or any portion of the 19 Reserved Affordable Allocations to construct the Off -site Units at another approved location(s) within 35 miles of the Project's location, excluding a location on Big Pine Key or No Name Key, pursuant to section II(A) of this agreement. Revised July 2, 2013 DocO 1947413 9kN 2646 P90 1731 F. Linkage of the Reserved Affordable Allocations for the Off -site Units will count as the inclusionary affordable housing requirement only for the Project, except that if Applicant (or Applicant's affiliate or assignee) constructs more than the 19 Off -site Units contemplated herein, any affordable housing units constructed in excess of the Off -site Units may, upon receipt of appropriate approvals, count toward linkage for another project. G. In the event Applicant does use any or all of the 19 Reserved Affordable Allocations as contemplated herein, and either Applicant or Applicant's assignee constructs such affordable Off -site Units related to such allocations, the County shall release from the Project's on -site affordable housing unit deed restriction the affordability designation of the Project's units as described herein in section I(I) of this agreement. The County's obligation to release the Project's units from the deed restriction shall arise upon the completion of the construction of such affordable Off -site Units and the recordation of the appropriate affordable housing deed restriction(s) for such affordable Off -site Units. H. In the event Applicant does not receive building permits and use the linkage provisions within the Linkage Period, the "reserved status" of any remaining Reserved Affordable Allocations shall cease. IV. BOCC APPROVAL OF ADJUSTMENT TO SECTION 130 -161 RE UIREMENTS TO ACCOMMODA'T'E LINKAGE A. Applicant also desires the County, pursuant to MCC §130- 161(f)(8), to approve the designation of (i) Applicant, (ii) Lincoln Apartment Management Limited Partnership (Applicant's property management company), and (iii) Eastwind Little Palm, LLC (the managing member of Applicant) (collectively and/or individually, "Provider"), as non- governmental organization(s) approved as an affordable housing provider. Upon such approval, Provider shall be responsible to ensure that all affordable housing units located at the Property or elsewhere are administered and operated pursuant to, and consistent with, the requisites of MCC §130 -161, and all applicable deed restrictions. B. The Monroe County Board of County Commissioners ( "BOCC "), pursuant to MCC § 130- 161(b)(3), specifically finds and concludes that the Project furthers the policies of the Comprehensive Plan and the purposes and intent of the County's inclusionary housing requirement through means other than a strict application of the requirements of MCC § §130 - 161(b)(2)(c) and 130- 161(c)- (regarding unit computation and linkage ). Specifically, allowing Applicant to use Reserved Units to construct affordable Off -site Units as contemplated herein will further the County's policies regarding replacing mobile home parks with new permanent residential rental structures, while at the same time promoting affordable housing. V. 3OCC DESIGNATION OF PROVIDER AS AI'PRI OVED NON - GOVERNMENTAL ENTITY '£O OVERSEE AFFORDABILITY RESTRICTIONS A. Pursuant to MCC §130- 161(f)(8)(c), a non - governmental organization approved by the BOCC as an affordable housing provider may enter into a written agreement with the County's Planning Director to authorize the non - governmental entity to administer the eligibility R Revised July 2, 2013 DocM 1947413 Skp 2546 P9# 1732 and compliance requirements of affordable housing units which restrictions appear in MCC §130 -161, and applicable deed restrictions. B. Provider has established sufficient competence to serve as an approved non- governmental entity as contemplated in MCC §130-161(f)(8). Specifically, the principals of Provider have extensive experience in operating affordable housing, have shown competency and understanding of the appropriate deed restrictions and requirements of the County's Affordable Housing Ordinances, and the Provider is otherwise competent and responsible to serve in the capacity as an approved affordable housing provider. C. Provider shall qualify all potential residents of any affordable housing unit contemplated herein, and shall on June 1st of each year annually verify the employment and/or income eligibility of tenants pursuant to MCC § 130- 161(f)(2). D. Provider shall, by December 31 of each calendar year, provide written certification to the County's Planning Department certifying that tenants of each affordable housing unit contemplated herein meet the applicable employment and income requirements as required by MCC §130- 161(f)(2). E. Provider shall comply with all applicable portions of the Monroe County Code and use the Monroe County Affordable Housing requirements in qualifying tenants. F. Any successor Providers shall provide evidence acceptable to the Planning Director of their qualifications. Following acceptance of the qualifications by the Planning Director, the new Provider must be approved by the Board of County Commission within 60 days of a formal request to change Provider. G. Applicant acknowledges that documents it receives in connection with providing affordable housing may be public records under Florida law. Applicant 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 Statues, and made or received by the County and Applicant in conjunction with this Agreement. County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Applicant. VI. RECORDATION AND EFFECTIVE DATE OF AGREEMENT A. This Agreement shall be recorded by County in the Official Records Book of Monroe County at the expense of Applicant. The Agreement shall run with the land and bind Applicant's successors in interest. B. Applicant specifically covenants, agrees and acknowledges that this Agreement shall become effective only after all appeal periods related to any Order associated with Applicant's Request for Minor Conditional Use have run. Revised July 2, 2013 Doen 1947413 6kp 2646 P911 1733 '61. SIGNA, t- S .TTEST: ! f . !'' t ! 14 J f Print Name: f YOR GEORGE NEUG LITTLE PALM COTTAGES, LLC l f t X By: :Print Name: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) No w Z2 XCC 00 IL ao } I- U) -- z Q D C) U tJ 0 CC 0 -1 EASTWIND LITTLE PALM, LLC Managing Member J . e L V�G�ti JO F. WEIR Mabaging Member I HEREBY CERTIFY that on this day of 2013 personally WEIR as Managing Member of EASTWP LTI P LLC, MANAGING aMEMBER OF L=E PALM COTTAGES, LLC, a limited liability company under the laws of the State of Florida, who is personally known to me, and he acknowledged before me that he executed the foregoing document as his free act and deed as such officer(s), for the uses and purposes therein mentioned, and that said instrument is the act and deed of said corporation. IN WITNESS WHERE OR I have hereunto set my hand and seal in the County and State aforesaid as of this -- day of 2013. =WN ',WARY PUBLIC fr;Y C1435 � f E XPI015 3a W T er an Name of Notary Pub 'c s: STATE OF FLORIDA My commission expires: Commission or Serial No. � _ � .---- • r Revised July 2, 2013 Docp 1947413 6kp 2646 Pgp 1734 gXHISIT W Lots 2 and 3, of BARRY BEACH, a subdivision of Government Lot 5, and that part of Government Lot 66 Section 28, Township 66 South, Range 29 East, North of U.S. Highway No. 1, on Uttle Torch Key, Monroe County, Florida, according to the Plat thereof, recorded in Plat Book 2, Page 127, of the Public Records of Monroe County, Florida. A parcel of bay bottom land in Pine Channel,, East of and adjacent to Lots 2 and 3 of "BARRY BEACH" Subdivision, as recorded In Plat Book 2, Page 1Z7, Public Records of Monroe County, Florida, said bay bottom land lying east of and adjacent to a part of Government - Lot 8, Section 28 Township ae south, Range 9 boa on Lit13e Torch Kay, Monroe County, Florida, aid being more particularly described by metes and boundary as fol lows: COMMENCING at the Sauathweat comer of Government Lot 8, Section 28, Township 66 South, Range 28 East, bear due north along the fine dividing C*mrnrnent tots a and 7, Section 28, Township 6a South, Ran" 29, East for a distance of 1077.14 feet to a point; thence at right angles and out across Barry Avenue and the north fine of Lot 3 of aforementioned BARRY BEACH Subdivision for a diabuve of 373 foot more or lese; to a point on the aasbrty shoreline of Little Torch Kay, said point also to be known as the point of beginning of the parcel of bay bottom tarW hereinafter doscribed; from said point of- beginning, continue bearing east and along the north line of Lot 3, extended east, for a distance of 200 feet to a point; hence at right angles and south for a distance of 418 feet, more or less, to a point on the northwesterty right of way line of U.S. Highway No. 1; thence bear southwesterly along the northwesterly right of way line of U.S. Highway No. 1 for a distance of 130 het, morn or less, to a point where said northwesterly right of way line Intersects the shoreline; thence bear northwesterly along the eas" shoreline of Little Torch Key for a distance df 450 feet, more or less, back to the Point of Beginning. DocN 1947413 9k# 2646 P9p 1735 MONROE COUNTY, FLORIDA MINOR CONDITIONAL USE PERMIT DEVELOPMENT ORDER NO. 02-13 A DEVELOPMENT ORDER APPROVING A MINOR CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF 48 ATTACHED RESIDENTIAL DWELLING UNITS AND ACCESSORY STRUCTURES AT PROPERTY LEGALLY DESCRIBED AS LOTS 2 AND 3, BARRY BEACH (PB2 -127), LITTLE TORCH KEY, MONROE COUNTY, FLORIDA AND HAVING REAL ESTATE NUMBER 00214970.000000. WHEREAS, during a regularly scheduled meeting held on April 23, 2013, the Development Review Committee of Monroe County conducted a review and consideration of the request by Mitchell Planning & Design, Inc., on behalf of Little Palm Cottages, LLC, for a minor conditional use permit pursuant to § 110 -69, §130-93 and § 130 -98 of the Monroe County Code; and WHEREAS, the subject property is located at 133 Barry Avenue, Little Torch Key, at approximate mile marker 28.5, and is legally described as Lots 2 and 3, Barry Beach (P132 -127), Little Torch Key, Monroe County, Florida, having real estate number 00214970.000000; and WHEREAS, the applicant requested a minor conditional use permit in order to redevelop the subject property with 48 attached residential dwelling units and accessory structures; and W HEREAS , the Development Review Committee and the Chair of the Development Review Committee, the Monroe County Senior Director of Planning & Environmental Resources, reviewed the following documents and other information relevant to the request: 1. Minor Conditional Use Permit application (File #2013 -033) received by the Monroe County Planning & Environmental Resources Department on March 8, 2013; and 2. Existing Conditions, SWPP Plan, and Demolition Plan (C2) by W. F. McCain & Associates, Inc., dated February 2013 and sealed on February 27, 2013; and 3. Site and Utilities Plan (0) by W. F. McCain & Associates, Inc., dated April 23, 2013 and sealed on May 1, 2013; and 4. Conceptual Planting Plan (LA:01) by Mitchell Planning & Design, Inc., dated February 26, 2013 and revised April 23, 2013; and Development Order #02 -13 Page 1 of 7 File #2013 -033 Does! 1947413 Bkp 2646 Pg# 1736 5. Landscape Notes (LA:02) by Mitchell Planning & Design, Inc., dated February 26, 2013 and revised April 23, 2013; and 6. Interior Duplex (A -1) by Little Palm Cottages, LLC, dated February 18, 2013 and revised April 30, 2013; and 7. Oceanfront Duplex (A -2) by Little Palm Cottages, LLC, dated February 18, 2013 and revised April 30, 2013; and 8. Interior Duplex (A -3) by Little Palm Cottages, LLC, dated February 18, 2013; and 9. Topographic Survey by William M. Hinckley, dated February 6, 2013; and 10. Staff report prepared by Timothy Finn, Planner, dated April 18, 2013; and 11. Comments by the Development Review Committee and Monroe County staff; and 12. Comments by the applicant and its representatives; and "NMREAS, based upon the information and documentation submitted, the Senior Director of Planning & Environmental Resources made the following Findings of Fact: 1. The majority of the subject property is currently within an Urban Residential (UR) land use (zoning) district (to the north), with the remaining area is within a Suburban Commercial (SC) land use district (to the south); and 2. Consistent with the boundary line of the Urban Residential (UR) land use district, the property is within a Residential High (RH) Future Land Use Map (FLUM) category. Consistent with the boundary line of the Suburban Commercial (SC) land use district, the property is within a Mixed Use/Commercial (MC) FLUM category. 3. The subject property has a tier designation of tier 3; and 4. At the time of application, the subject property was only developed with a single family dwelling unit and a docking facility; and 5. The subject property was previously developed with a mobile home park. A May 3, 2007 letter of development rights determination by the Monroe County Planning & Environmental Resources Department affirms that 48 dwelling units were lawfully established on the subject property, and thereby their redevelopment is exempt from the Residential Rate of Growth Ordinance (ROGO) permit allocation system, and 4,796 square feet of nonresidential floor area was lawfully established, and thereby its replacement is exempt from the Nonresidential Rate of Growth Ordinance (NROGO) permit allocation system; and 6. Pursuant to §13048 of the Monroe County Code, the purpose of the UR district is to provide areas appropriate for high- intensity residential uses designated and intended for occupancy by persons gainfully employed in the Florida Keys and to create areas to provide for vacation rental use of detached dwellings, duplexes, and multifamily dwellings; and Development Order #02 -13 Page 2 of 7 File #2013 -033 Docl* 1947413 Bkp 2646 P9N 1737 7. Pursuant to §130-43 of the Monroe County Code, the purpose of the SC district is to establish areas for commercial uses designed and intended primarily to serve the needs of the immediate planning area in which they are located; and 8. All of the attached residential dwelling units would be located within the UR area of the subject property. Pursuant to §130-98 of the Monroe County Code, in the UR district, attached residential dwelling units may be permitted with a minor conditional use permit; and 9. Accessory structures, including but not limited to a clubhouse, swimming pool, a parking lot and docking facilities, would be located in the UR and SC areas of the subject property. Pursuant to §130 -98 and §130 -93, in the UR and SC districts respectively, accessory uses and structures are permitted as of right; and 10. Pursuant to § 110 -69 of the Monroe County Code, the Director of Planning & Environmental Resources is authorized to approve applications for minor conditional use permits in accordance with the standards provided in § 110 -67; and 11. § 110-67 of the Monroe County Code provides the standards which are applicable to all conditional uses. When considering applications for a conditional use permit, the Senior Director of Planning & Environmental Resources shall consider the extent to which: a. The conditional use is consistent with the purposes, goals, objectives and standards of the Monroe County Year 2010 Comprehensive Plan and Monroe County Code; and b. The conditional use is consistent with the community character of the immediate vicinity of the parcel proposed for development; and c. The design of the proposed development mi nimize s adverse effects, including visual impacts, of the proposed use on adjacent properties; and I The proposed use will have an adverse effect on the value of surrounding properties; and e. The adequacy of public facilities and services, including but not limited to roadways, park facilities, police and fire protection, hospital and Medicare services, disaster preparedness program, drainage systems, refuse disposal, water and sewers, judged according to standards from and specifically modified by the public facilities capital improvements adopted in the annual report required by the Monroe County Code; and f. The applicant for conditional use approval has the financial and technical capacity to complete the development as proposed and has made adequate legal provision to guarantee the provision and development of any open space and other improvements associated with the proposed development; and g. The development will adversely affect a known archaeological, historical or cultural resource; and h. Public access to public beaches and other waterfront areas is preserved as a part of the proposed development; and Development Order #02 -13 Page 3 of 7 File #2013 -033 Dacq 1947413 8kp 2646 P9N 1738 i. The proposed use complies with all additional standards imposed on it by the particular provision of this chapter authorizing such use and by all other applicable requirements of the Monroe County Code; and 12. Developments requiring a conditional use permit shall be consistent with the Monroe County Comprehensive Plan; and 13. Developments requiring a conditional use permit shall be consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and FER"AS, the Senior Director of Planning & Environmental Resources made the following Conclusions of Law: 1. The minor conditional use permit application is consistent with all of the provisions and intent of the Land Development Code of the Monroe County Code; specifically: a. The development is consistent with the purposes of the UR and SC districts, as set forth in §130-48 and §130 -43; and b. The land uses of the development are permitted in the UR and SC districts, as set forth in § 130 -98 and § 130 -93; and c. Following the execution of the provided conditions, the development shall meet all of the standards for a conditional use permit as set forth in § 110 -67 of the Monroe County Code; and The minor conditional use permit application is consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan; specifically: a. The development is consistent with the purpose of the Residential High (RH) future land use category, as set forth in Policy 101.4.4; and b. The development is consistent with the purpose of the Mixed Use / Commercial (MC) firture land use category, as set forth in Policy 101.4.5; and 3. The development is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, at the April 23, 2013 meeting, the Development Review Committee required the applicant to revise the site plan to show full compliance with the land development regulations prior to issuance of a development order. The applicant submitted a revised site plan on May 1, 2013 (Site and Utilities Plan (0) by W. F. McCain & Associates, Inc., dated April 23, 2013 and sealed on May 1, 2013); and WHEREAS, at the April 23, 2013 meeting, the Development Review Committee required the applicant to revise the building elevations to show full compliance with the maximum height requirement prior to issuance of a development order,. The applicant submitted revised building elevation plans on May 1, 2013 (Interior Duplex (A -1) by Little Palm Cottages, LLC, dated February 18, 2013 and revised April 30, 2013 and Oceanfront Duplex (A -2) by Little Palm Cottages, LLC, dated February 18, 2013 and revised April 30, 2013); and Development Order #02 -13 Page 4 of 7 File #2013 -033 Doca 1947413 ka 2646 P9N 1739 WHEREAS, at the April 23, 2013 meeting, the Development Review Committee required the applicant to revise the landscape plan to show full compliance with the landscaping and bufferyard requirements prior to issuance of a development order. The applicant submitted a revised landscape plan on April 29, 2013 (Conceptual Planting Plan (LA:01) by Mitchell Planning & Design, Inc., dated February 26, 2013 and revised April 23, 2013); and Acting Director of Planning & Environmental Resources TU -REAS, the Senior Director of Planning & Environmental Resources has duly considered the recommendation of staff and the information and documentation submitted by the applicant; and WHEREAS, the record established, the testimonies offered, and the evidence submitted, support the Findings of Fact and Conclusions of Law adopted; and NOW THEREFORE, BE IT RESOLVED BY THE DIRECTOR OF PLANNING & ENVIRONMEN'T'AL RESOURCES OF MONROE COUNTY, FLORIDA that the request for a Minor Conditional Use Permit is hereby APPROVED, subject to the following conditions: Prior to the recording of this development order in the official records of Monroe County and the minor conditional use permit thereby taking effect, the applicant shall either a) submit a plan to comply with the inclusionary housing requirements that can be approved administratively by the planning director or b) submit a plan to comply with the inclusionary housing requirements via alternative compliance or another permitted method and have the plan approved by all non-administrative parties, including but not limited to the board of county commissioners. 2. Prior to the issuance of a building permit(s), the proposed development and structures shall be found in full compliance by the Monroe County Building Department and the Office of the Fire Marshal. 3. Prior to the issuance of each building permit for an attached residential dwelling unit building, the Director of Planning & Environmental Resources shall review the application and approve the designs to ensure that the structures are visually compatible and consistent with the community character. Similar and consistent design and materials shall be utilized. Further, architectural details that provide visual interest and break up the structural mass shall be incorporated. 4. There shall be curbing and/or landscaping to delineate between the internal roadways and their adjacent walkways. Date S 23 113 Development Order #02 -13 File #2013 -033 Page 5 of 7 DocU 1947413 BkU 2646 P N 1740 I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared Ada Mayt6 Santamaria, to me known to be the person described in and who executed the foregoing instrument and she acknowledged before me that she executed the same. WITNESS my hand and official seal in the County and State last aforesaid this' day of 2013. NOTAR't PUBLTATE OF ?wwy fto - SM of RortOs • &V 00=.610a MW 10, 2016 Corakdo 0 U 180690 8"M IMF*NOWN ""AMML Development Order #02 -13 Page b of 7 File #2013 -033 DOCU 1947413 6ko 2646 P90 1741 NOTICE Section 110 -72(a) of the Monroe County Code states that a conditional use permit shall not be transferred to a successive owner without notification to the Planning Director 15 days of the transfer. Pursuant to Section 110- 73(a)(2) of the Monroe County Code, all required building permits and certificates of occupancy shall be procured within three (3) years of the date on which the minor conditional use approval is recorded and filed in the official records of Monroe County, or the minor conditional use approval shall become null and void with no further action required by the county. Approval time frames do not change with successive owners. Extensions of time to a minor conditional use approval may be granted only by the Planning Director for periods not to exceed one (1) year. Applications for extensions shall be made prior to the expiration dates. Extensions to expired minor conditional use approvals shall be accomplished only by re- application for the minor conditional uses. When a hearing officer has ordered a conditional use approval initially denied by the Planning Director, the Planning Director shall nonetheless have the authority to grant or deny a time extension under this section. If the Planning Director denies a time extension, the holder of the conditional use may request an appeal of that decision under chapter 102, article VI, division 2 by filing the notice required by that article within 30 days of the written denial of the Planning Director. This instrument shall not take effect for 30 days following the date in which the document is signed by the Planning Director. During these 30 days, this instrument shall be subject to appeal as provided in Section 102 -185 of the Monroe County Code. Such an appeal stays the effectiveness of this instrument until the appeal is resolved by agreement or order. In addition, please be advised that pursuant to Chapter 9J -1, Florida Administrative Code, this instrument shall not take effect for 45 days following the rendition of the State Land Planning Agency. During these 45 days, the State Land Planning Agency may appeal this instrument. Such an appeal stays the effectiveness of this instrument until the appeal is resolved by agreement or order. If this development order is appealed under Monroe County Code or by the State Land Planning Agency, the above time limits shall be tolled until the appeals are resolved. Development Order #02 -13 Page 7 of 7 File #2013 -033 tf 1 °Q r r lk c fa 00ep 1947413 UN 2646 Pgp 1742 Exhibit C to Agreement between Monroe County and Little Palm Cottages LLC RESTRICTIVE COVENANT FOR AFFORDABLE HOUSING DWELLING UNITS IN MONROE COUNTY, FLORIDA BY LITTLE PALM COTTAGES LLC MONROE COUNTY AFFORDABLE DOUSING DEED RESTRICTION This Deed Restriction is made and entered into this _ day of , 201 by Little Palm Cottages, LLC, a Florida limited liability company (hereinafter "Little Palm ") whose principal mailing address is 5604 PGA Boulevard, Suite 109, Palm Beach Gardens, Florida 33418. This Deed Restriction encumbers the property commonly referred to as Real Estate Parcel # 00214970 - 000000 located in Monroe County, Florida, and more particularly described below and hereinafter referred to as "the Property": See Exhibit A attached WHEREAS, Little Palm is the owner of the Property and through its Managing Member signing below is agreeing to and filing this Deed Restriction; and WHEREAS, Little Palm entered into an Agreement to Reserve Affordable Housing ROGO Allocations, Link Construction of Affordable Dwelling Units and Provide Authorization to Qualify Applicants for Affordable Housing (Agreement) with Monroe County recorded in the Public Records of Monroe County at OR Book Page and, WHEREAS, Little Palm has agreed to restrict the use of 14 of the 48 units on the Property mentioned in the Agreement as Affordable Housing for the use of households with moderate income or lower; NOW, THEREFORE, Little Palm agrees that the Property shall be subject to the following restrictions, covenants and conditions, which shall run with the Property for the term of this Deed Restriction as set forth below. 1. Forty-eight dwelling units are to be developed on the Property. 2. This Deed Restriction is being filed to comply with the requirements of Monroe County Code Sec. 130- 161(b), to provide affordable housing. 3. Fourteen dwelling units developed on the Property shall be hereby deed restricted for a period of ninety -nine (99) years to the use and occupancy of households with moderate MC 20130702(3) Doc# 1947413 Sk# 2646 Pg# 1743 or lower income ( "Affordable Housing ") as defined in the Monroe County Code. So long as the units restricted hereunder are operated as rental units, the rental rates shall not exceed the amount, not including utilities, which does not exceed 30 per cent of the amount that represents 120 percent of the monthly median adjusted household income for Monroe County. 4. During the term of this Deed Restriction, tourist housing use and vacation rental use of the dwelling units is strictly prohibited. Each affordable housing dwelling unit shall meet all standards required by Monroe County Sec. 130- 161(b)(5)(c). Each unit shall contain a minimum of 400 square feet of habitable floor area and the average of any units used as affordable housing shall be no less than 700 square feet of habitable floor area. 5. This Deed Restriction shall be in effect for a period of ninety -nine (99) years. It shall commence upon the issuance of the Certificates of Occupancy for the 48 dwelling units. However, in the event the forty- eight(48) units on the Property are not completed according to the Agreement, but certificates of occupancy are issued for a portion of the dwelling units, thirty percent shall be designated as affordable housing subject to this deed restriction. At all times, no more than thirty—four (34) of the dwelling units may be used as market rate housing. 6. Little Palm shall file an annual report on July 1 of each year after construction of the dwelling units showing the units designated as affordable housing, the occupancy and rental rates, the income qualification, and any other information reasonably requested by the Planning Director. 7. Pursuant to the Agreement, nineteen (19) affordable housing ROGO allocations are being reserved according to a Board of County Commissioners Resolution No. in order to allow the fourteen (14) affordable housing units on this property to revert to market rate ROGO exempt status. In order to allow the fourteen (14) units to become market rate, a total of (19) affordable housing units are required to be constructed off site. As the units are constructed off site, the number of units on the Property designated as affordable housing may be set forth in an amendment to this deed restriction and filed in the public records of Monroe County. For every four (4) offsite units which are granted certificates of occupancy and are deed restricted as affordable housing, the County will release from the Project's Affordable Housing Deed Restriction three (3) of the affordable housing units on the Property. Once twelve (12) of the Property's affordable housing deed restricted units have been released from the Project's Affordable Housing Deed Restriction, three (3) offsite units must be granted certificates of occupancy and deed restricted in order for the final two (2) deed restricted affordable housing units to be released from this Affordable Housing Deed Restriction. If the offsite units are not constructed and deed restricted prior to December 31, 2021, fourteen (14) units of the forty-eight (48) built on site shall be permanently designated as the affordable housing, and the Monroe County Planning Director shall be notified. Notwithstanding , and in addition to , any provision of the Agreement, this Deed Restriction, or the county's Land Development Regulations, Little Palm shall, within three (3) business days of receiving MC 20130702(3) Doca 1947413 8ka 2646 P9# 1744 an inquiry from Monroe county, identify with detail and specificity, which fourteen (14) of the forty -eight (48) units are being operated as affordable housing. 8. Notwithstanding any other provisions of the Agreement or this deed restriction, if the forty-eight (48) dwelling units become anything but rental units, all dwelling units on the Property which are then subject to this deed restriction shall be restricted as affordable housing, specifically designated, and the Planning Director shall be notified. The units so designated are restricted for a period of the remainder of the ninety -nine (99) years for use by households of moderate income with an adjusted gross annual income of no greater than one hundred sixty (160) percent of the median adjusted gross annual income for owner occupied households within Monroe County, if the owner(s) occupies the dwelling unit under a condominium regime or other form of individual unit ownership. Sales price shall be no more than a price not exceeding 3.75 times the annual median household income for the county for a one bedroom or efficiency unit, 4.25 times the annual median household income for the county for a two bedroom unit, and 4,75 times the annual median household income for the county for a three or more bedroom unit as prescribed by Monroe County Code Sec.130- 161(b)(5)(c)(1) . All other provisions of the Monroe County Code regarding income and sales or rental rates shall apply. 9. This Deed Restriction is a restriction running with the land. Subdivision, platting, or similar division of property, or conveyance of a property interest to another party does not nullify this covenant. 10. The terms of this Deed Restriction shall be interpreted under the laws of the State of Florida. Venue shall lie in Monroe County, Florida. 11. There is not, and will not be, a mortgage or other instrument evidencing debt encumbering the Property at the time of filing this deed restriction. If there is such an instrument of record, a joinder of the mortgagee or other creditor shall be attached. 12. The Deed Restriction shall be binding upon any transferees, lessees, heirs, assigns or successors to ownership, for all present and future owners. All transfers of this Property or any portion thereof shall reference this Deed Restriction and the OR Book and Page where it is recorded in the public records of Monroe County. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW MC 20130702(3) Sk# 2646 1746 WITNESSES: M . LITTLE PALM COTTAGES, LLC Signature Print Name Signature Print Name John F. Weir, Managing Member of Eastwind Little Palm, LLC the Managing Member of Little Palm Cottages LLC The foregoing instrument was acknowledged before me this day of , 2013 by John F. Weir as Managing Member of Eastwind Little Palm LLC , Managing Member of LITTLE PALM COTTAGES LLC who is /are personally known to me or has produced as identification. My Commission Expires: Notary Public (Signature) Notary Public (Print Name) MC 20130702(3) AONROE COUNTY OFFICIAL RECORDS EXHIBIT B LITTLE PALM COTTAGES, LLC 5604 PGA Boulevard, Suite 109 Palm Beach Gardens, FL 33418 (PH) (561) 370 -6600 (Fax) (561) 370 -6601 August 26, 2014 Ms. Christine Hurley, Division Director Monroe County Growth Management Marathon Government Center 2798 Overseas Highway Marathon, F133050 RE: Little Palm Cottages, LLC Authorization to enter into Interlocal Agreement with the City of Marathon Dear Ms. Hurley: This letter will confirm that Little Palm Cottages, LLC requests and authorizes Monroe County to enter into an Interlocal Agreement with the City of Marathon to transfer up to nineteen (19) affordable housing moderate income ROGO allocations from Monroe County to the City of Marathon for allocation to the Tarpon Harbour project. If you have any questions regarding this letter, please do not hesitate to contact me. Sincerely yours, LITTLE PALM COTTAGES, LLC BY: EASTWIND LITTLE PALM, LLC Managing Member By :_ JOHY F. WEIR Managing Member JFW /llr EXHIBIT C RESOLUTION NO. 208A -2013 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESERVING 19 AFFORDABLE HOUSING DWELLING UNIT ALLOCATIONS TO BE USED OFFSITE FOR LINKAGE TO THE LITTLE PALM COTTAGES LLC PROJECT LOCATED AT 133 BARRY AVENUE, HAVING REAL ESTATE NO. 00214970.000000. WHEREAS, Little Palm Cottages LLC is redeveloping property located at 133 Barry Avenue, Barry Beach Subdivision, Little Torch Key, Real Estate number 00214970.000000 formerly known as Lucky's Landing Trailer Park (Project); and WHEREAS, Monroe County recognizes that there are 48 ROGO Exemptions for the property previously known as Lucky's Landing Trailer Park; and WHEREAS, Monroe County Code Section 130- 161(b) requires thirty percent (30 %) of the redeveloped residential units to be affordable housing units restricted by an appropriate deed restriction; and WHEREAS, the project will require 30% of the total units constructed to be deed restricted as affordable housing; and WHEREAS, if the Little Palm Cottages Project is redeveloped without a linkage component to other sites, 14 affordable units would be required without the necessity for a reservation [ 14 residential dwelling units are required to be deed - restricted as affordable housing (30% of 48 = 14.4)]; and WHEREAS, if the Little Palm Cottages Project is redeveloped with 48 ROGO exempted market rate units onsite with an off -site linkage component, then 19 additional affordable units would be required [48 onsite units + 14 off -site units = 62 total units, 30% of 62 = 18.6)1; and WHEREAS, Monroe County and Little Palm Cottages, LLC are entering into an Agreement of this same date (Agreement between Monroe County, Florida and Little Palm Cottages, LLC to Reserve Affordable Housing ROGO Allocations, Formalize an Alternative Compliance to the Inclusionary Housing Requirements /Linkage of Project Plan) to reserve affordable housing ROGO allocations, and formalize an alternative compliance to the inclusionary housing requirements /linkage of the project with construction of affordable housing units off -site; and WHEREAS, the Project will include the development of 14 affordable housing units at 133 Barry Ave, Barry Beach Subdivision, Little Torch Key, Real Estate Number 00214970.000000; and Little Palm Cottages LLC AFH Reservation 1 of 3 WHEREAS, the applicant is requesting to reserve 19 affordable housing allocations through December 31, 2021, to construct 19 affordable housing units off site, to satisfy the inclusionary housing requirement; and WHEREAS, Monroe County Code Section 138 -24(b) `Reservation of affordable housing allocations,' states: Notwithstanding the provisions of section 138 -26 for awarding of affordable housing allocations, the board of county commissioners may reserve by resolution some or all of the available affordable housing allocations for award to certain sponsoring agencies or specific housing programs consistent with all other requirements of this chapter. Building permits for these reserved allocations shall be picked up within six months of the effective reservation date, unless otherwise authorized by the board of county commissioners in its resolution. The board of county commissioners may, at its discretion, place conditions on any reservation as it deems appropriate. These reservations may be authorized by the board of county commissioners for. (1) The county housing authority, nonprofit community development organizations, pursuant to section 130- 161(e), and other public entities established to provide affordable housing by entering into a memorandum of understanding with one or more of these agencies; (2) Specific affordable or employee housing projects participating in a federaUstate housing financial assistance or tax credit program or receiving some form of direct financial assistance from the county upon written request from the project sponsor and approved by resolution of the board of county commissioners; (3) Specific affordable or employee housing projects sponsored by nongovernmental not - for- profit organizations above upon written request from the project sponsor and approved by resolution of the board of county commissioners; (4) Specific affordable or employee housing programs sponsored by the county pursuant to procedures and guidelines as may be established from time to time by the board of county commissioners; (S) Specific affordable or employee housing projects by any entity, organization, or person, contingent upon transfer of ownership of the underlying land for the affordable housing project to the county, a not-for-profit community development organization, or any other entity approved by the board of county commissioners, upon written request from the project sponsor and approved by resolution of the board of county commissioners, or (6) Rental employee housing projects situated on the same parcel of land as the nonresidential workplace for the tenants of these projects, upon written request from the property owner and approved by resolution of the board of county commissioners. WHEREAS, Monroe County Code Section 138 -24(c) Affordable housing allocation awards and eligibility, states: (4) No affordable housing allocation shall be awarded to applicants located within a tier I designated area, within a V -zone on the county's flood insurance rating map, within a tier II designated area on Big Pine Key and No Name Key, or within a tier III -A (special Little Palm Cottages LLC AFH Reservation 2 of 3 protection area) if clearing is proposed for any portion of an upland native habitat patch of a one acre or greater in area. (S) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key. No affordable housing allocation may be used on No Name Key. WHEREAS, the immediate construction of the 14 affordable housing units on the Project property and potential construction of 19 affordable housing units off -site to replace the 14 on -site is in the public interest; and WHEREAS, the reservation of affordable housing allocations for the anticipated project does not exempt the project from applicable requirements of the Monroe County Land Development Regulations, Building Code and other regulatory requirements; and WHEREAS, the affordable housing units will need to be completed according to the terms of the Agreement; and WHEREAS, Little Palm Cottages, LLC shall obtain all required approvals from the Monroe County Planning & Environmental Resources Department for the project and for the proposed off -site affordable housing units for "linkage" to the project. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Nineteen (19) affordable housing allocations are reserved for Little Palm Cottages LLC until December 31, 2021. Section 2. The building permits for the affordable housing units are to be issued by December 31, 2021. Section 3. The certificates of occupancy for the 19 units which are to be built off -site shall be issued according to the terms of the Agreement (Exhibit A). PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 17 day of July, 2013. © w Mayor Pro Tern Carruthers ee � -- o Yes Commissioner Murphy c� — w cL CL_ 0 LL _ Q w Wr � G LL_ N `L BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Z., � 140410 �� Mayor George Neugent A y Fy , a v'li , E DEPbTYC ERR Little Palm Cottages LLC AFH Reservation 3 of 3 Mayor Neugent Yes Mayor Pro Tern Carruthers Yes Commissioner Rice Yes Commissioner Kolhage Yes Commissioner Murphy Yes 'A Y AT TORNEY �r''siGV A S TO FORM: � C ``;; N1. GRIMSL ,. - UNIYATTO�NEY EXHIBIT D This Instrument Prepared By: Timothy J. Koenig, Esq. Koenig Highsmith & Van Loon, P.A. 3158 Northside Drive Key West, FL 33040 ASSIGNMENT This Assignment ( "Assignment ") is made as of this % day of '+- , 2014, by LITTLE PALM COTTAGES, LLC, a Florida limited liability company ("Ass or "), in favor of MARATHON OCEAN HOUSING, LLC, a Florida limited liability company ( "Assignee "). RECITALS: WHEREAS, Assignor, pursuant to that certain Agreement between Monroe County, Florida and Little Palm Cottages, LLC to Reserve Affordable Housing ROGO Allocations, Formalize an Alternative Compliance to the Inclusionary Housing Requirements /Linkage of Project Plan, and Provide Little Palm Cottages, LLC with Authorization to Qualify Applicants for Affordable Housing Occupancy ( "Linkage Agreement "), dated July 13, 2014, and recorded in Official Records Book 2646, at Page 1727 in the Public Records of Monroe County, has certain rights associated with the Linkage Agreement; and WHEREAS, Assignor and Assignee have, therefore, agreed that it is mutually beneficial and appropriate for Assignee to acquire Assignor's rights under and in connection with Paragraph III.E. of the Linkage Agreement by way of this Assignment. NOW, THEREFORE, in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor does hereby assign all of Assignor's rights pursuant to Paragraph III.E. of the Linkage Agreement in order to allow the allocations referenced therein to be used at the Assignee's project, Tarpon Harbour, located in Marathon, Monroe County, Florida. This Assignment is for a total of 19 Monroe County Rate of Growth Ordinance affordable housing allocations to be used in the Tarpon Harbour project, to provide the remaining allocations necessary to construct the Tarpon Harbour project which includes the affordable housing units as contemplated by the Linkage Agreement, and in order to satisfy Assignor's requirements to construct affordable housing as required by Monroe County in order to build its Little Torch Cottages project on Little Torch Key. In the event that the affordable housing component of the Tarpon Harbour project is not built or completed, then the allocations referenced herein as being assigned hereunder shall revert to their status under the Linkage Agreement prior to execution of this Assignment as though this Assignment had not been executed. IN WITNESS WHEREOF, Assignor has executed this Assignment as of the date and year first above written. WITNESSES: Signatur Print Name CL&�) Si ature ��► e LI i,�) Print Name STATE OF FLORIDA COUNTY OF PALM BEACH ss LITTLE PALM COTTAGES, LLC BY: - 0 't" - 3 1 JO F. WEIR, Ma aging Member of EASTWIND LITTLE PALM, LLC, the Managing Member of LITTLE PALM COTTAGES LLC The foregoing instrument was acknowledged before me this day of August, 2014 by John F. Weir, as Managing Member of EASTWIND LITTLE PALM, LLC, Managing Member of LITTLE PALM COTTAGES, LLC, who is personally known to me. My Commission Expires: Notary Public patAcia . Lame PATRICIA G.IAINE Print Name A` W = MY COMMISSION # EE 051435 a•, :a EXPIRES: January 16, 2015 '•'.? 4f• NQ `' Bonded 7hru Notary Public Undenvdters 2 A Sponsored by: Puto CITY OF MARATHON, FLORIDA C D M RESOLUTION 2014 -100 1 "( A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARATHON, MONROE COUNTY AND THE CITY OF MARATHON TO ALLOW AFFORDABLE TRANSFERABLE BUILDING RIGHTS ACROSS JURISDICTIONAL BOUNDARIES BETWEEN THE COUNTY; AND THE CITY, AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO FINALIZE THE TERMS AND CONDITIONS OF THE AGREEMENT, AUTHORIZING THE MANAGER TO EXECUTE THE AGREEMENT, AND PROVIDING FOR AND EFFECTIVE DATE WHEREAS, the City of Marathon (the "City ") recognizes the value of regional partnerships in smart growth; and WHEREAS, Monroe County and the City of Marathon have previously entered into Inter -local Agreements to accept ROGO units and Development Rights; and WHEREAS, Monroe County has been approached by Little Palm Cottages, LLC to transfer nineteen (19) affordable ROGOs from Monroe County pursuant to Resolution No. 208A -2013 and the Agreement between Monroe County, Florida and Little Palm Cottages, LLC to Reserve Affordable Housing ROGO Allocations, Formalize an Alternative Compliance to the Inclusionary Housing Requirements /Linkage of Project Plan, and Provide Little Palm Cottages, LLC with Authorization to Qualify Applications for Affordable Housing Occupancy ( "Linkage Agreement "), for a residential rental project in the City of Marathon; and WHEREAS, the City of Marathon, Florida has recognized and conceptually authorized the transfer of affordable transferable building rights from Little Palm Cottages, LLC through the approval of a Conditional Use Permit (Resolution 2014 -76), a Development Agreement (Resolution 2014 -77), and the allocation of both affordable (19) and market rate (9) BPAS residential units (Resolution 2014 -78) for Tarpon Harbour (Marathon Ocean Housing, LLC); and WHEREAS, Monroe County and the City of Marathon recognize the potential economic value of such transferable rights; and WHEREAS, this Agreement is entered into according to the authority of Florida Statutes, Section 163.01, et. seq., Florida Inter -local Cooperation Act of 1969, which states: "It is the purpose of this section to permit local government units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities. "; and WHEREAS, the comprehensive plans of Monroe County and the City of Marathon expressly identify inter -local agreements as a means of resolving issues mutually affecting their respective jurisdictions; and WHEREAS, the parties have determined that this Agreement is in the best interests of the public, 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 by this reference. Section 2. The City Council hereby approves the Inter -local Agreement between Monroe County and the City, a copy of which is attached hereto as Exhibit A. The City Council further authorizes the Mayor to execute the Inter -local Agreement on behalf of the City Council. Section 3. The City Council hereby further approves the transfer of nineteen (19) affordable transferable building rights from the Little Palm Cottages, LLC within the jurisdiction of Monroe County, Florida to Tarpon Harbour (Marathon Ocean Housing, LLC.), within the jurisdiction of the City of Marathon, Florida. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Marathon, Florida, this 27 day of August, 2014. THE CITY OF MARATHON, FLORIDA • L Dick Ramsay, Mayor AYES: Bartus, Bull, Keating, Senmartin, Ramsay NOES: None ABSENT: None ABSTAIN: None ATTEST: Diane Clavier, City Clerk APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY: 440 -.mean* Lyn Dannheisser, City Attorney