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Item H11BOARD OF COUNTY COMMISSIONERS County of Monroe A Mayor George Neugent, District 2 The Florida. Keys w) Mayor Pro Tem David Rice, District 4 y �r Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting December 14, 2016 Agenda Item Number: H.11 Agenda Item Summary #2450 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289-2500 n/a AGENDA ITEM WORDING: Approval to rescind an Interlocal Agreement (ILA) between Monroe County and City of Marathon transferring 41 low income and 5 very low income (46 total) affordable housing ROGO allocations to the City of Marathon for a project known as Vaca Bay Seniors (Beneficial Development LLC). ITEM BACKGROUND: September 2015, the BOCC approved two IL,As with the City of Marathon providing 82 affordable allocations to the City for the development of new affordable housing (Project 1 — Anchorage Homes (Seagrass Village) was 32 low income and 4 very low income and Project 2 — Vaca Bay Seniors (Beneficial Development 16, LLC) was 41 low income and 5 very low income). These previous IL,As state that if the projects are not granted tax credit funding for the FY 16-17 competitive cycle then the allocations revert back to the County. Marathon staff has indicated that these projects have not received development approval for the number of units requested. Additionally, Marathon staff has indicated that the City will process items to rescind these ILAs on December 13, 2016. PREVIOUS RELEVANT BOCC ACTION: September 16, 2015- BOCC approved an Interlocal Agreement between Monroe County and the City of Marathon transferring 41 Low and 5 Very Low Affordable Housing ROGO Allocations from Monroe County to the City of Marathon. The Interlocal agreement approved the transfer of Affordable Housing ROGO Allocations to the City of Marathon for a project known as Vaca Bay Senior Apartments (Beneficial Development 16, LLC) , contingent on the project receiving all necessary approvals from the City of Marathon by March 15, 2015, and receiving certificate of occupancy for the affordable units related to such allocations prior to December 31, 2019. In the event the subject project fails to obtain federal or state housing financial assistance in the FY15-16 or FY 16-17 competitive cycles and complete the construction as evidenced by issuance of a certificate of occupancy for all 46 units by the City of Marathon, the ROGO allocations revert to Monroe County. September 16, 2015- BOCC approved an Interlocal Agreement between Monroe County and the City of Marathon transferring 32 Low and 4 Very Low Affordable Housing ROGO Allocations from Monroe County to the City of Marathon. The Interlocal agreement approved the transfer of Affordable Housing ROGO Allocations to the City of Marathon for a project known as Seagrass Village (Anchorage Homes, LLC), contingent on the project receiving all necessary approvals from the City of Marathon by March 15, 2015, and receiving certificate of occupancy for the affordable units related to such allocations prior to December 31, 2019. In the event the subject project fails to obtain federal or state housing financial assistance in the FY15-16 or FY 16-17 competitive cycles and complete the construction as evidenced by issuance of a certificate of occupancy for all 46 units by the City of Marathon, the ROGO allocations revert to Monroe County. CONTRACT/AGREEMENT CHANGES: rescind agreement STAFF RECOMMENDATION: Approval to rescind ILA. DOCUMENTATION: Sept 2015 ILA _Beneficial Development City of Marathon Affordable Projects provided 11-29-16 Monroe County ROGO balance and projected Affordable Housing projects FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Mayte Santamaria Completed Assistant County Administrator Christine Hurley 11/29/2016 1:54 PM Steve Williams Completed Jaclyn Carnago Completed Budget and Finance Skipped Maria Slavik Skipped Mayte Santamaria Completed Kathy Peters Completed Board of County Commissioners Pending 11/28/2016 6:51 PM Completed 11/29/2016 2:11 PM 11/29/2016 4:32 PM 11/28/2016 6:24 PM 11/28/2016 6:24 PM 11/29/2016 4:32 PM 11/29/2016 5:20 PM 12/14/2016 9:00 AM Da Doom 2065973 03/02/2016 4:43PM 8k13 2065973 Filed & Recorded in Official Records of 2784 Pgp 1638 MONROE COUNTY AMY HEAVILIN INTERLOCAL MONROE COUNTY1 THE CITY OF ' • TRANSFERRINGAFFORDABLE RESIDENTIAL f i This Agreement ("Agreement") is made and entered into this I L41, day of , 2015, by and between Monroe County, a political subdivision of the State of Florida, w ose 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"). WITNESSET : 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 (ROGCIs) for affordable housing projects to be pooled and transferred between local government jurisdictions within the Florida Keys Area of Critical Concern, if accomplished through an interlocal agreement between the sending and receiving local governments; and WHEREAS, Chapter Five (5) of the City Comprehensive Plan identifies goals, objectives and policies to provide for development pursuant to intergoven-imental coordination and interlocal agreements; and WHEREAS, Monroe County and the City of Marathon have previously entered into Interlocal Agreements to transfer ROGOs; and WHEREAS, Monroe County and the City of Marathon recognize the potential economic value of such transferable affordable 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 governmental 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 Doc# 2065973 Bko 2784 Pg# 1639 WHEREAS, the State of Florida Housing Finance Corporation (FHFC) Low Income Housing Tax Credits (LIHTC) application deadline is October 15, 2015; and WHEREAS, Beneficial Development 16, LLC, will be an applicant for FHFC LIHTC fending for 46 affordable housing units (hereinafter referred to as "project") expected to be ranked and approved by the spring of 2016, with closing on the project expected to occur by the Fall of 2016; and WHEREAS, Beneficial Development 16, LLC, is an applicant for a Major Conditional Use to obtain approval for a project that includes forty-six (46) affordable housing units expected to be heard and approved by the City of Marathon Planning Commission on September 21, 2015, after the Monroe County Board of County Commission is expected to the consider this Agreement at the following site: See Exhibit "A" (Legal Description of the Subject Project Property). 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 forty-one (41) low-income category and five (5) very low income category ROGd allocations from Monroe County to the City of Marathon for allocation, pursuant to this Agreement, and subject to the conditions contained therein, including but not limited to: a. Beneficial Development 16, LLC, or its assignee, obtaining a Conditional Use approval prior to March 1.5, 2016. b. Beneficial Development 16, LLC, or its assignee, constructing and obtaining a certificate of occupancy for the affordable units related to such allocations prior to December 31, 2019. The filing of a 99 year Affordable Housing Deed Restriction on the new affordable housing units pursuant to this Agreement and the applicable requirements of the Code of Ordinances, City of Marathon, Florida. Section 2. ASSIGNMENT: Monroe County has assigned its rights to the affordable allocations to the City, and the forty-six (46) affordable housing allocations are to be issued by the City to be used specifically by Beneficial Development 16, LLC, or its successor or assign (Assignment attached as Exhibit "B"), at the development in Marathon known as Vaca Bay Senior Apartments located as described in attached Exhibit "A," Marathon, Florida 33050. In the event the subject project or, as applicable, Beneficial Development 16, LLC, or, as applicable, its assign(s) and successor(s) in interest or title, fail to obtain federal or state housing financial assistance and complete the construction as evidenced by issuance of a certificate of occupancy for all 46 units by the City of Marathon, any units which have not received a certificate of occupancy shall result in those allocations reverting to Monroe County and to their farmer status under the Agreement. No amendment to this agreement is necessary to necessitate the reverted clause. DOC# 2065973 BkM 2784 PQ# 1640 Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this Agreement shall continue in force until one of the following occur: 1. The project is not granted funding by FHFC LIHTC program in the FYI 5 -16 or FY 16- 17 competitive cycle; or 2. The project does not complete construction and does not obtain certificates of occupancy for 46 units by December 31, 2019. All units for which certificates are issued prior to December 31, 2019 shall remain subject to this agreement irrespective of whether all 46 units contemplated herein receive certificates of occupancy. Section 4. NOTIFICATION: The City of Marathon shall (1) notify Monroe County of any assignment(s) and successor(s) in interest or title to Beneficial Development 16, LLC for the duration of Beneficial Development 16, LLCs interest(s) in the ROGO allocations described in Section 1. ("Transfer") above, and (2) shall notify Monroe County of any assiginnent(s) and successor(s) in interest or title to the ROGO allocations described in Section 1. ("Transfer") above at least thirty (30) days prior to the date of such transfer or succession by certified U.S. Postal Service Certified mail to the Monroe County Planning & Environmental Resources Senior Director. City of Marathon shall provide written notice to Monroe County of the extension, termination, or expiration of the Conditional Use Permit for the Beneficial Development 16, LLC, project. City of Marathon shall provide written notice to Monroe County of the issuance of Certificates of Occupancy for the affordable units within thirty (30) days after issuance of said certificates. All such notices under this Section ("Section 4.11) shall be sent to the following addresses: Monroe County County Administrator 1100 Simonton Street, Key West, FL 33040 Planning & Environmental Resources Department Attn: Senior Director 2798 Overseas Highway, Marathon, FL 33050 Failure of the City of Marathon or Beneficial Development 16, LLC, or its assign(s) or successor(s) in interest or title to perforin any act required by this Section or any other requirement of this Agreement shall neither impair nor limit the validity of this interlocal agreement or limit its enforceability in any way. Section 5. GOVERNING LAWSIVENUE-. 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 6. 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 3 Doca 2065973 Bko 2784 Pg# 1641 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.G. ss. 290 dd-3 and 290 ee(03), 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 non-discrimination; and (9) any other nondiscrimination provisions in any federal or state statutes or local ordinances which may apply to the parties to, or the subject matter of, this Agreement. Section 7. 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 8. 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 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 9. 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 10. 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 or liability. Section 11. 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 21 bocq 2065973 Bk## 2784 P9 # 1642 other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the parties in conjunction with this Agreement. Section 12. 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 13. 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 1. NOTICES: In addition to those communication and notice requirements set forth in Section 4 of this Agreement, 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 wilding 1100 Simonton Street Ivey West, Florida 33040 Planning & Environmental Resources Department Attn: Senior Director 2798 Overseas Highway, Marathon, FL 33050 With a copy to: Robert B. Shillinger, Jr., Esquire Monroe County Attorney's Office P.O. Box 1026 Key West, Florida 33041-1026 If to City: City Manager 9805 Overseas Highway Marathon, Florida 33050 George Garrett Planning Director City of Marathon 9805 Overseas Highway Marathon, Florida 33050 9 Qac# 2065973 Bk# 2784 P## 1643 With a copy to: David Migut, Esquire City Attorney City of Marathon 9805 Overseas Highway Marathon, Florida 33050 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 15. 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 16. MISCELLANEOUS: Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary corporate or other organizational action, as required. Section 17. 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. above. ,Section 18. EFFECTIVE DATE: This Agreement shall take effect on the date set forth 11 Doch 2065973 Bko 2784 PgU 1644 By: Clerk ATTEST: In 'S WHEREOF, each party has caused this Agreement to be executed by its duly tative. --AVILIN, CLERK DIANE CLAVIER City Clerk (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY: M David Migut, City Attorney M = ON Lei] 09 1 By: Mayor nny Ao hage Date: 4 o 1-7 12c) SE5 APPROVED AS TO FORM AND LEGAL SUFFICIENCY En Assistant County Attorney THE CITY OF MARATHON, FLORIDA I'm I 7 Mayor Chris Bull V-- .."'; I Doc# 2065973 Bk# 2784 P9# 1645 MgCM*=Wr"=;fi%T � M Sit4lat1d on Crawl Key No. I In 00 County of iltnqrDf qlic) < �;tcfte of plorldIj LLna kn 1)piflg 911 Of 0141t Part Of Govertimcht Lot 3, Secqjt.,j, 5. 'Townsisip 05 South, l(nnge oj 10cated sOlItherlY Of VIP southorly right Of Way line of t:. S. Highway No. 1, a.k.a. ,49te head No. 5 (formerly the soutrierf,s.- line Qf till F101'idll P41-st COLL-A JiAlthvay rll,llt-bf- klf,kv) and westerly 0."1 and 21018i! (")t t '�"(j %",5terly line (;f ttial r land Conveyed to Calern,411 F, Cappoll qq wili" alop V1 the 1)iot:e!rU 1-f -"libmi by deed filed ror ret--rj oil Occember 16, IIJ58 PIL" recorded (11 0fticlai Record Book 139, PAge A83 or Alonnie County 1`10rida Public it eco r(lr'; sL" Part Of (30veNlIllent Lot 3, Stletion 5, 'township 66 Starlit, Range 3.1 East being also oil of 'tee.--c lands described in 4 ecnVeyanne fror., Thalmrk5bn ElIterpri.-.05, )Itc. to Emma 1%1. 'UhonlrxNvh, John'N. 'Thompson antl A. Maitland Adam% by deed recorded in Offloinj Itceord Llook 254, f1fige 67 or Njonto I'U!)Ijc R000rds, jesm t1'e POUGGA thCfoQf rfortnel-ly t c Uctinty Florida Of Old Statt, fload 4A vs deserjtv,a coll the northerly right-or-wity ling Veyance from Vjaniju Coriv)ratioll 11) nrtjno 11. 'Alanno and Mary A. 1t14nn0 by deed revrcrded I - )i Officild Record Rook 566 at Page-i 2 . 49 and 25U of Monroe County Floria Public Records, and less the 100 foot wide right-or-w"y of U. S , 1119livitty No. I Fi-k.a. State,Road No. p (rornl- rii, It -of -Way) -..-d Yes.1j,%, 66 foot i(jL- erlY the FlOvida :rest Coa-st IbAil --'()r-wuY Of uld State Road A. That portion or %aid Govern rne'n—t Lot 3 herein hefo-v JPcrjbLKJ boing rflom L rmined from rvttjl-tj us fojjo�y:5; by metes and bounds interpretiVety determined VaAje lar)Y -Sc6bed COMiNtYNCENG, tart the seld soutfterly right-of--v8Y line v- U.S. Highway No. 1, u.k.n. State Road Ifo. 50 a.k:p Florida EQ.-,t (;O&'it HOUIN11Y rl�hl-vf-Way on Crawl Key No. I 'at its interseetioll With fjw e.tis.te o 6G Snutht Range 33 e8st or' Cmwl Key No- i Conveyed by 'rhom[xsojj FilteTrises, I'owlwl rly line Of that Portion of Government Lot 3, See lot, 5, Ift, 10 EMMO Al. Thompsun, Joilli * Thorn raid A. Aleitland Adanis by def-d recorded 21 Orficial Record 1300k 254, P89V 67 of Alonrac, County F106dil P iblic Record-., -.aid easterly line being aLs-i the, westerly line of that eertain tract of land c rtveyed to Coleman Carroll as Bi Shop or the Diocese of 6110mi by dead filed for record on F. 11958 tail Vocorded 11) orfic "'I IlecOl"d Buok 139, Page 583 of 111011rue Voullty Florio-R lnter.nectt,�tt beirif, nl,,o Portion of said Govurnment tll(' 1`0,1147' 04" HEGINNIN(3 (if tttti, 6POnrling bear L*t 3 to be de--,vribed, frolli said point or -South 77 degre(ib, ;I mirltItc, j,,Rt;j a1(JftVf "110 ct lhe said sotal,jerl.% rigjjj-ulf-wa�; U- S. flighwey 1. 340 fcr,,t tt) It witilit' thO kvastPrly Silore of C[-,jWilitel"00ion N.'.ith 1he rolurkli higil water lific'! l "CV "1'(2- 1; "Y 6, 'tel']0nt 1t-or-way hoo,'Rry of ttic,' t(lrj felltM�L%rif](!)-jejjjj IvAtcr hire bellig a%Q tatr tMtweun Crawl Kc!Y No. 1 �jrid Va('a Kry to the [)orticjjgpij of U,1140twayl,N. I 'AAter line williln the Westerly q �"P�qt; 0J@110421 mVali,-r -5aid 111' -" "igh Shure (if rawl Key No. I Oil lilt; fOIIOWIII� de -sea "QrSe-1 bearing rinst South 12 degree,-% 20 r1iirluLp., Ej 59 ft, t)utjl iTlJJ1UtLj.5 ):'V.it 78 feet. thence-SOLIth 211 degrees 20 mjjjQt n (- 4; 72 dcgreeS 0 Minutes Fast 445 feeLo n te; F-Ast 03 fout; therjue Squtjl Curves k, - whr,'rc the -Shure arl CrEtwl Rcy 110. 0 the �out)left-5tl Ellen" continua On SNPie &0rjf,,riptjVC ;aid r, 111911 Water title WlUlill the shore on (rawA N hen - 'loan NXIL; the nce S-1)Uth 72. degj,eesci�t j4,U5 ey 110* 1 , ring South 4) degrves E65t 64 tra tho intersecqjon uf said jqjL0 et,- Ifif-FIC0 NOV111 er) degreers Past 1'3.1,1 feet traul of land conyeyed to CclerlItta 'r line Vitil t1l P 'Said %I; C!rtou rl 4 y line of that CQrtaj1rt 'Orth 12 �egrep Minutes Pre t silang the ".1iid w (lien" bear 1i q qq StVrly litre of laticj 1-0 ' afOrt-Mid 70-59 feet t)ach- 10 Itle j,0111t of I, , , , n"L�Ykd to Colernan as bAd easenjefll:5 ur recon.. eginning, trot-,ubjeut to cL(l legal highwapq MONROE COUNTY OFFICIAL RECORDS Bk4 278�9p9 44 1646 Sponsored by: Puto WHEREAS, the City of Marathon (the "City") wishes to enter into an Interlocal Agreement with Monroe County (the "County") for the purposes of Transferring affordable housing unit allocations; and WHEREAS, the Interlocal Agreement with the County is in the best interest of Monroe County and the City of Marathon for the purposes of providing opportunities for affordable housing, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, Section Z. The above recitals are true and correct and incorporated herein. Section 2. The Interlocal Agreement (ILA) attached hereto as Exhibit "A", between Monroe County and the City of Marathon Transferring Affordable Housing Residential Allocations For A Project Known As WOB Beneficial Development is hereby approved. The Mayor is authorized to sign the ILA on behalf of the City, and the City Manager is authorized to expend budgeted funds on behalf of the City. Section 3. This resolution shall take effect immediately upon its adoption.. MARATHON,PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF * 2015. Mayor Chris Bull AYES: Keating, Kelly, Senrnartin, Zieg, Bull NOES: None ABSENT: None ABSTAIN: None Bk0 2784P �gq 1647 ]�-xa au IU2 - Diane Clavier, City Cleric (City Seal) APPROVED AS TO FORM AND LEGALITY FOR TIIE USE AND RELIANCE 0 THE CITY OF MARATHON, FLORIDA ONLY: Davi Nigut, Ci .Attar 'ey DocU 2065973 BkN 2784 P90 1648 This Agreement ("Agreement") is made and entered into this day of , 2015, 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 a3050 (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 Concern, if accomplished through an interlocal agreement between the sending and receiving local governments; and WHEREAS, Chapter Five (5) of the City Comprehensive Plan identities goals, objectives and policies to provide for development pursuant to intergovernmental coordination and interlocal agreements; and WHEREAS, Monroe County and the City of Marathon have previously entered into Interlocal. Agreements to transfer ROGOs; and WHEREAS, Monroe County and the City of Marathon recognize the potential economic value of such transferable affordable 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 governmental 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 State of Florida Housing Finance Corporation (FHFC) Low Income Housing Tax Credits (LIHTC) application deadline is October 15, 2015; and. WHEREAS, Beneficial Development 16, LLC, will be an applicant for FHFC LIHTC funding for 46 affordable housing units (hereinafter referred to as "project") expected to be ranked and approved by the spring of 2016, with closing on the project expected to occur by the Fall of 2016; and WHEREAS, Beneficial Development 16, LLC, is an applicant for a Major Conditional Use to obtain approval for a project that includes forty-six (46) affordable housing units expected to be heard and approved by the City of Marathon Planning Commission on September 21, 2015, after the Monroe County Board of County Commission is expected to the consider this Agreement at the following site: See Exhibit "A" (Legal Description of the Subject Project Property). public. WHEREAS, the parties have determined that this Agreement is in the best interests of the NOW, THEREFORE, the parties hereto agree as follows: Section 1. TRANSFER: The parties agree to permit the transfer of up to forty-one (41) low-income category and five (5) very low income category ROGO allocations from Monroe County to the City of Marathon for allocation, pursuant to this Agreement, and subject to the conditions contained therein, including but not limited to: a. Beneficial. Development 16, LLC, or its assignee, obtaining a Conditional Use approval prior to March 15, 2016. b. Beneficial Development 16, LLC, or its assignee, constructing and obtaining a certificate of occupancy for the affordable units related to such allocations prior to December 31, 2019. c. The filing of a 99 year Affordable Housing Deed Restriction on the new affordable housing units pursuant to this Agreement and the applicable requirements of the Code of Ordinances, City of Marathon, Florida. Section 2, ASSIGNMENT: Monroe County has assigned its rights to the affordable allocations to the City, and the forty-six (46) affordable housing allocations are to be issued by the City to be used specifically by Beneficial Development 16, LLC, or its successor or assign (Assignment attached as Exhibit "P,") at the development in Marathon known as Vaca Bay Senior Apartments located as described in attached Exhibit "A," Marathon, Florida 33050. In the event the subject project or, as applicable, Beneficial Development 16, LLC, or, as applicable, its assign(s) and successor(s) in interest or title, fail to obtain federal or state housing financial assistance and complete the construction as evidenced by issuance of a certificate of occupancy for all 46 units by the City of Marathon, any units which have not received a certificate of occupancy shall result in those allocations reverting to Monroe County and to their former status under the Agreement. No amendment to this agreement is necessary to necessitate the reverted clause. 2 Dccq 2065973 Bk# 2784 P9N 1650 Section 3, TERM: Subject to and upon the terms and conditions set forth herein, this Agreement shall continue in force until one of the following occur: 1. The project is not granted funding by FHFC LIHTC program in the FY15-16 or FY 16- 17 competitive cycle; or 2. The project does not complete construction and does not obtain certificates of occupancy for 46 units by December 31, 2019. All units for which certificates are issued prior to December 31, 2019 shall remain subject to this agreement irrespective of whether all 46 units contemplated herein receive certificates of occupancy. Section 4. NOTIFICATION: The City of Marathon shall (1) notify Monroe County of any assignment(s) and successor(s) in interest or tide to Beneficial Development 16, LLC for the duration of Beneficial Development 16, LLC's interest(s) in the ROGO allocations described in Section 1. ("Transfer") above, and (2) shall notify Monroe County of any assignment(s) and. successor(s) in interest or title to the ROGO allocations described in Section 1. ("Transfer") above at least thirty (30) days prior to the date of such transfer or succession by certified U.S. Postal Service Certified mail to the Monroe County Planning & Environmental Resources Senior Director. City of Marathon shall provide written notice to Monroe County of the extension, termination, or expiration of the Conditional Use Permit for the Beneficial Development 16, LLC, project. City of Marathon shall provide written notice to Monroe County of the issuance of Certificates of Occupancy for the affordable units within thirty (30) days after issuance of said certificates. All such notices under this Section ("Section 4.") shall be sent to the following addresses: Monroe County County Administrator 1100 Simonton Street, Key West, FL 33040 Planning & Environmental Resources Department Attn: Senior Director 2798 Overseas Highway, Marathon, FL 33050 Failure of the City of Marathon or Beneficial Development 16, LLC, or its assign(s) or successor(s) in interest or title to perform any act required by this Section or any other requirement of this Agreement shall neither impair nor limit the validity of this interlocal agreement or limit its enforceability in any way. Section S, 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 6. 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 3 DocH 2065973 Bk# 2784 P90 1651 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 ee(03), 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 non-discrimination; and (9) any other nondiscrimination provisions in any federal or state statutes or local ordinances which may apply to the parties to, or the subject matter of, this Agreement. Section 7. 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 8. 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 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 9. 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 10. 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 or liability. Section 11. 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 11 ©oca 2065973 Bk# 2784 Pg#1 1652 other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the parties in conjunction with this Agreement. Section 12. 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 13. 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 14. NOTICES: In addition to those communication and notice requirements set forth in Section 4 of this Agreement, 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 Planning & Environmental Resources Department Attn: Senior Director 2798 Overseas Highway, Marathon, FL 33050 With a copy to: Robert B. Shiilinger, Jr., Esquire Monroe County Attorney's Office P.O. Box 1026 Ivey West, Florida 33041-1026 If to City: City Manager 9805 Overseas Highway Marathon, Florida 33050 George Garrett Planning Director City of Marathon 9805 Overseas Highway Marathon, Florida 33050 gkl# 2784 Pgp 1653 With a copy to David Migut, Esquire City Attorney City of Marathon 9805 Overseas Highway Marathon, Florida 33050 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 15. 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 16. MISCELLANEOUS: Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary corporate or other organizational action, as required. Section 17. 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. above. Section 18. EFFECTIVE DATE: This Agreement shall take effect on the date set forth I. Duch 2065973 BkN 2784 PgN 1654 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. (SEAL) ATTEST: AMY HEAVILIN, CLERK -0 Clerk ATTEST: DIANE CLAVIER City Clerk (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON, FL0 A ONLY: By: d Migut' City Ittdney By: Mayor Danny L. E-olhage Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY M Assistant County Attorney THE CITY OF MARATHON, FLORIDA 10 wy: Mayor'ChrisBull Date. N EMUBIT A LEGAL DESCRIPTION Doc# 20S5973 BkM 2784 P9# 1655 it 4 5 0 1 3 9 By, 2- 0 1 4 PGN 1 3 6 2 Situalld on ("rNW1 Key NO- I In tho. County of �rrcState Of Florldsi tired kn as bf-inIT all or t1lift Part of (jOyCrIlmOrit Lot 31 SW!1jt.1j' 5- 'TO-01115 I T",Ust located stititlierly of t')p - .1'43 05 South, Range oj . siouthorly righ,., of kva-; unt� ur TJ. s. nigiwity 140. Sfelte Read Na. 5 (formerly 0ie .;outt]C_?q,,., line of )]e 1, a.k.a. V"'v) ill't(l WC-Starly 0", and mJj1jj..ejjj j,,'jjjv Flo'.'C'ft F. COLLNt RAtIlway Hght-bf_ Con line of III mirl tract of IRrid Veyed tD Colernail of the olj Vccember 16, 1"908 Pitt! rer ' i 1, f .' 'Iiam( by rived filed roF, ordetl I" Official. Record Book 139, Or 1110=t' COUMY Florida P0110 ltecordr,;�e;jd part of r 66 South, Range 33 East bVing else all of .jtu._,t, love'-It"'unt Lot 3, SILOCtIon 5, *Vownship Thomp,-Am EjjtQrprL_,e5, Inc. to lands dc-sCritjed in 4 Conveyance from. Adam% b EAIma ill. 'rhomIxiA.,11, John'N. 'I'llompson antl A. 51sitland y deed recorded in Off1*101 Record Book 2540 TIFIge 67 or PubLic Records, jesm AlOnt-00 C01irity Florida j-14A• rtherly right-ur-wity ling of old 110a tf'e po"'�;" thereof rlOrtnerly the no a -Coll V Oyu 11ce'fra in Mannu Curiv)patloil to Bruno Xl. Atarino and Mary A. IMAnno by of reve , rd'9d In Official 'record flook 5166 at Page% 249 and 25D Of Monroe County Flori�a Public Records, and less the 100 foot wide right-of-wqy of U- S: 11191'W"Y Nom I ta.k.a. Stiitp Road No. ;5 (forrij- t ril, It -of -way) ,-d lam tilt. Gj; foot irle erly he FlorWit 8'ast Coast Rail _Wuy of old Statey or said Governmin—tLOt 3 hereirt hefo-e Read 4A. That portion by mates a"d U"nds interpret' , dov'ribed btilrig InOm PsniCularlY &,,scribed ivetY dett-Nitirted front rtcijrtj uN folloi,A. C01]'N(FNC!NC3' vi"' the -Wid Southerly right-0f_.yt3y line of- U.S. State Road No. 5, a.k.a Florida Emst (;D&st IjailvI&y riHIOWRY u.k.a4 at its ijiterseistjojl with t�g e0starly line of that por j hi -of way an Crawl Key No. I tiOnl Of GOVOrnment Lot 3, Epc-tiolk 5, 'I'OwlWllip 6G Sntjjilj RWIV: 33 east On Grikwl KeY VO. I conveyed by nompsol, 1interprises, Imc- 10 EmMa Al. Thompw.ij, .10III 1 i ' '01ompson and A. D143fland Adams by de -sad recorded 11 Official. Record Book 254, PID19,121 67 of Monroe (;,J,Unty Florida 11 iblic Rccord-;, gaid es stcrly line being aLso the westerly line Of tjjt1t eejtain tract of land Conveyed to C'oleman P. Carroll us UN1101? of the Dit0c,-%e Of 67fulid by d0ed filed for record on Decernber 16, 1959 W"d recorded in orfIcitil Record )3r,,ok 139, page 583 of )IQ I Florida pubji,= HjcQ._dq.; portion of -jai(j G(jvtj, "'d lr�ter7ecttufi b(,-irj[,, aljo III(. I roe (�Oorjt pp Inning mment L*t 3 herein 'jj4,1, 0j.. HEGHNN)Nc� (If tttllf P9 bear South llrtvn'r�" t. t�0- de-mvibed, fron, said poin t 77 degreo,,,- rq miltL]tc; I I a "110 ct U- 9, llfghimiq tjtj,. j, 3"1() f(% 1"F_%1 alrjrtrf 'fle said `01'therly r[glil-ilf-Way 't,t It) it "1ter'0c(i0'1 witIl 11he routkn lligil ,yater litle witilin the WO-starly Shore of ct,jjWI XCV 1; mid meall 11jg:h water line bell-Ig al-.0 on.sterly rill bPtvrq_-t!n C fit-or-$Vay hoUndory of the 1(jrj feet LVIC)c porticil of V. & llir rAater lirle rawl Ktsy No. I nrid Vava, Key I 'llwav tl,). will'in' 010 Westerly Shure of C) (he '.5aiti III' uOttr-'se-1 b9aring rir.-,t Soutil 12 degree rawl Key No. I oil Ifle foil eW, high ., 20 i),+jUtgx owfng des(. * riptive -it 78 [400t* thene'C SOUth 2'? degrees 2(1 mjjjUt(!q 'u� egreeN ?,fl IT11nUte-5 1' 59 feet, thence Staudt 72 d degms 40 minute F1 . fe; S ait 445 feel. to 4 Point th ance vurves lli'L�t'420n Witare the Shure art Crawl K.%Utjl to 1`0 tb(! "Out?'"5tl tl"un((! continue on "id deri ' Cy NO. I 1)'" water linc WiIJ)ifl the shore on C',rawl ire}'. f"ript'vc cOlI. "1014 ssaid tea rL'(-'t; thance Sough 72 deg,-pf.s I,-a5t j6'06 re 1�t)- I )earing Smith 45 zlegre L .0,3 Eost 64 (0 thp intersection ref said irleaj, 1lig., tr:dtet; tjlpy"- 1 r;Qrt)l U5 degrern Past 1 -1.1 , feet tract -01 land conveyed to C,,0jerjj(,n I ine yiitll 01P said Westourly line of t?14 t '"I'l'011 EU afore�-�Uj:4 minute�% j*jest rjjong P- fArtain the thenne bear'Orth 12 .gid v'if' aforesaid "03-59 foot leach. to Ih .kcrlY lire oi' land n"P.-d 10 Coleman I.% (,tirrull ns P I'01"t Of Beginning, bLit ,,ubjeut to cLil leg&, hjgh,'%.ay' aAd MONROE COUNTY OFFICIAL RRCORDS MONROE COUNTY OFFICIAL RECORDS CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050 Phone: (305) 289-4111 Fax: (305) 743-3667 garrettg@ci.marathon.fl.us 30 November 2016 Ms. Mayte Santamaria Senior Director of Planning and Environmental Resources Monroe County I Planning & Environmental Resources Department 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 Marathon, FL 33050 RE — Summary of ILA Requests. Mayte: This letter is intended to provide a summary and breakdown, in relatively simple terms, for the five workforce housing projects, approved or currently under consideration for approval, within the City of Marathon. They are: APPLICANT ROGO — 50% ROGO — 80% ROGO — 100% ROGO — 120% TOTAL Schmitt et. al. 0 34 0 0 34 Crystal Cove 3 23 0 20 46 Casa de Palmas (Keys Affordable Phase III 3 52 0 0 55 Seaward Redevelopment 8 8 33 4 City of Marathon 1 2 1 24 1 0 1 4 1 30 TOTAL 1 16 1 1411 33 1 28 1 210 These projects have been approved or are seeking approval for the development of workforce housing. Through this document, and City and County actions, the City is seeking affordable housing allocations through an Interlocal Agreement (ILA) between the City and the County. The principal basis for the current and other requests for County affordable allocations is that the City simply has a very limited stock. In total, through the Hurricane Evacuation MOU and provisions of the City's LDRs, the City received sixty (60) affordable allocations for its BPAS process (ROGO). In addition, the City also has had forty (40) affordable allocations from a project that did not proceed, approved originally prior to the MOU. Thus the City had one hundred (100) affordable allocations at the time of MOU development and approval. Since then, the City has allocated all but thirty-three (33) affordable allocations. It is the City's desire to retain the thirty-three (33) affordable allocations for pending and future individual or small ( 2 to 5) affordable projects. CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050 Phone: (305) 289-4111 Fax: (305) 743-3667 garrettg@ci.marathon.fl.us In the order of the table above, the City offers the following in project summary: Schmitt et. al.: Pursuant to the City's Code and discussion with the County, the applicant has requested that the City enter into an interlocal agreement (ILA) with the County to obtain thirty-four (34) low income (80% of median) affordable allocations. The affordable allocations will be utilized to deed restrict the same number of existing units within the City of Marathon while bringing the units up to current building requirements to the greatest extent practicable, including provisions of floodplain management. The City did not provide affordable housing allocations to the project. An ILA was approved by the City in August of 2016 (Resolution 2016-67) requesting thirty-four (34) affordable allocations. The terms of the ILA have been reviewed by both the City and the County and define the responsibilities of both parties and the applicant. This project will not attempt to qualify for Florida Housing Finance funds. Crystal Cove: Pursuant to the City's Code and discussion with the County, the applicant has requested that the City enter into an ILA with the County to obtain forty-six (46) affordable allocations; three (3) very -low (50% of median), (23) low income (80% of median), and twenty (20) moderate (120% of median) affordable allocations. The project was approved by the City in September of 2016 (CU — 2016-71; DA — 2016-72) to include forty-six (46) affordable housing units and twenty- eight (28) transient RV sites (sphatially separated) with amenities for either project component at a location between 481' and 501Streets, Gulf in Marathon. The City did not provide affordable housing allocations to the project. An ILA for the project was approved by the City in November 2016. The terms of the ILA have been reviewed by the City. The County has been provided copies of the document. The ILA defines the responsibilities of both parties and the applicant. This project will be submitted for approval of Florida Housing Finance funds. Casa de Palmas (Keys Affordable Development Phase III); Pursuant to the City's Code and discussion with the County, the applicant has requested that the City enter into an ILA with the County to obtain fifty-five (55) affordable allocations; three (3) very -low (50% of median) and fifty-two (52) low (80% of median) affordable allocations. The project is currently under review by the City and will be presented to the Planning Commission on December 5, 2016 and to the City Council on December 13, 2016. The project applicants are seeking approval for fifty-five (55) affordable housing units with amenities at a location between 471' and 48t' Streets, Gulf in Marathon. City staff has reviewed the project favorably and has briefed both the Planning Commission and City Council about the project pending the upcoming hearings. The City will not provide affordable housing allocations to the project. An ILA for the project will be included in the project review at the City Council December 13, 2016. The terms of the ILA have been reviewed by the City and the County has been provided copies of the CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050 Phone: (305) 289-4111 Fax: (305) 743-3667 garrettg@ci.marathon.fl.us document. The ILA defines the responsibilities of both parties and the applicant. This project will be submitted for approval of Florida Housing Finance funds. Seaward Properties Redevelopment: Pursuant to the City's Code and discussion with the County, the applicant has requested that the City enter into an ILA with the County to obtain forty-five (45) affordable allocations; eight (8) low (80% of median), thirty-three (33) median (100% of median), and four (4) moderate (120% of median) affordable allocations. The project is currently under review by the City and will be presented to the Planning Commission on December 5, 2016 and to the City Council on December 13, 2016. The project applicants are seeking approval for forty-five (45) affordable housing units and ten (10) market rate residential units with amenities for either project component at a location between 861' and 881' Streets, Ocean in Marathon. The project integrates with the same developer's project approvals for the Florida Keys Resort (a.k.a. - Sombrero Country Club). At that site, the developer will be re -developing eight (8) workforce housing units which it will deed restrict as very -low. (50% of median). City staff has reviewed the project favorably and has briefed both the Planning Commission and City Council about the project pending the upcoming hearings. The City will not provide affordable housing allocations to the project. However, the applicant has eight (8) units of its own which, as noted, will be reconstructed at the golf course. The ILA for the project will be included in the project review at the City Council December 13, 2016. The terms of the ILA have been reviewed by the City. The County has been provided copies of the document. The ILA defines the responsibilities of both parties and the applicant. This project will not be submitted for approval of Florida Housing Finance funds. City of Marathon: The City of Marathon will develop its property at 1041' Street as a workforce housing project. The City is seeking thirty (30) affordable allocations, two (2) very -low (50% of median), twenty- four (24) low, and four (moderate (120% of median to complete the project development. A project representing forty (40) moderate affordable residential units was approved in 2008 (Resolution 2008-65) prior to the down -turn in the economy at which point it was placed on hold. With a return in a favorable economy, the City will now move forward with the development of thirty (30) units as noted above. At that juncture, the site plan for the project will be modified downward to reflect the new number. An ILA has been provided to the County in a form similar to those proposed for other projects. The City of Marathon, as the County, is a strong advocate for the development of new workforce housing projects and the redevelopment of older deteriorating units as workforce housing. The City of Marathon provides an ideal location for the development of workforce housing projects as it is centrally located providing housing to those working in Marathon and the lower or middle Florida Keys. Further, impediments to development are minimal as most size appropriate properties have been previously developed and require little or no environmental restrictions. CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050 Phone: (305) 289-4111 Fax: (305) 743-3667 garrettg@ci.marathon.fl.us The City has worked through the development of three major projects recently and two hotel projects which require inclusionary housing elements. Eighty-four (84) units at Seagrape Apartment and have been occupied since the Spring of 2009. These are HUD limited units. Keys Affordables Phase I & II are nearing completion. One building is complete and occupied. One building just received a Certificate of Occupancy (C.O.) and renters are beginning to move in at this time. The third building in the two projects will begin construction in the immediate future. When complete, the project will provide seventy-one (71) units of affordable housing. Keys Affordables Phases I & II has been the recipient of Florida Housing Finance funds for the past two years. They are working on a third project within the City this year (Casa de Palmas — a.k.a. — Keys Affordables Phase III). Tarpon Harbour also recently completed its project and provides thirty-one (31) duplex units of moderate income housing. Thus the City has seen the development of 217 new affordable residential units within the City as a result of these projects. Amongst the five approved hotel projects in town, combined they will provide an additional fifty-five (55) units of workforce housing. The Hyatt and Marriott are complete. The Knight's Key, Hampton, and Holiday Inn Expansion projects are either under construction or approaching the point of initiating construction. Quite a number of Habitat For Humanity Houses have been approved and are either complete or in various stages of construction. The City brings five (5) projects forward at this time as noted above. These projects are approved or will be approved at the December 13, 2016 City Council meeting. These projects will immediately (within the limits of construction time) provide an additional one hundred fifty (155) to one hundred sixty-four (164) workforce housing units within the City. Note, that since two of the five projects are competing for Florida Housing Finance funds. One or the other project will likely win approval, but not both. Finally, the City will likely rescind the approvals of two (2) ILAs approved approximately one year ago for Vaca Bay Seniors and Anchor Homes. Vaca Bay Seniors, though moving forward to the City Council for review in December, will have a unanimous recommendation of denial from the City Planning Commission. Anchor Homes has not proceeded forward with project development and the City will recommend that the ILA be rescinded for that project as well. Action to rescind these approvals would occur at the December 13, 2016 City Council meeting after discussion with the City Council and only if the City takes affirmative action on the Planning Commission's recommendation concerning Vaca Bay Seniors. Should you need additional information, do not hesitate to contact me. I am providing an abbreviated version of the City's affordable housing project spreadsheet which only identifies the two prior ILAs and the five ILAs that the City is seeking at this time. 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