Crystal Cove Housing Partners 12/14/2016 INTERLOCAL AGREEMENT BETWEEN MONROE
COUNTY AND THE CITY OF MARATHON
TRANSFERRING AFFORDABLE HOUSING
RESIDENTIAL DWELLING UNIT ALLOCATIONS
This Agreement ( "Agreement ") is made and entered into this Iday of December, 2016,
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 (hereinafter "affordable housing ROGO
allocations" or "affordable 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 identifies 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 affordable ROGOs; and
WHEREAS, Monroe County and the City of Marathon recognize the potential economic
value of such transferable affordable ROGO allocations; and
WHEREAS, this Agreement is entered into pursuant to Florida Statutes, Section 163.01, el
seg., 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
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WHEREAS, the State of Florida Housing Finance Corporation (FHFC) Low Income
Housing Tax Credits (LIHTC) application deadline is January 6, 2017; and
WHEREAS, HTG Crystal Cove Resort, LLLP a Florida limited liability limited
partnership and or their assigns will be an applicant for FHFC LIHTC/ WORKFORCE, funding
for Forty -six (46) affordable housing units (hereinafter referred to as "project ") expected to be
ranked and approved by the spring of 2017 (i.e., between March 20, 2017, and May 1, 2017).
with closing on the project expected to occur by the fall of 2017 (i.e., between September 22.
2017, and December 20, 2017); and
WHEREAS, HTG Crystal Cove Resort, LLLP has received City of Marathon approval
of a Conditional Use Permit by Resolution 2016 -71 for a project that includes 46 affordable
housing/workforce housing units pertaining to the following site:
Legal Description attached as Exhibit A
WHEREAS, the parties have determined that this Agreement is in the best
interests of the public and the public health, safety, and welfare.
NOW, THEREFORE, the parties hereto agree as follows:
Section 1. TRANSFER: The parties agree to permit the transfer of up to 46 affordable
housing ROGO allocations, comprised of Tewnty- three(23) low - income category, three
(3) very -low income category, and twenty (20) moderate affordable housing ROGO
allocations, from Monroe County to the City of Marathon for allocation, pursuant to this
Agreement. and subject to the conditions contained herein, including but not limited to:
HTG Crystal Cove Resort, LLLP, or its assignee, constructing and obtaining a Certificate
of Occupancy for all of the affordable housing units, situated upon the subject property
described herein, related to the transferred affordable housing ROGO allocations subject
of this Interlocal Agreement, prior to December 31, 2019; and
The recording of a 99 -year Affordable Housing Deed Restriction on all of the affordable
housing units contemplated herein, in accordance with this Agreement, and in accordance
with the applicable requirements of the Code of Ordinances, City of Marathon. Florida
and similar requirements of the Florida Building Code (FBC).
Section 2. ASSIGNMENT: Monroe County has assigned its rights to the affordable
housing ROGO allocation contemplated herein to the City. and the 46 affordable housing
ROGO allocations are to be issued by the City to be used specifically by HTG Crystal
Cove Resort, LLLP, or its successor or assign, at the development in Marathon known as
"Crystal Cove on 4900 Overseas Highway, Marathon" (Legal Description attached as
Exhibit "A "). In the event the subject project or, as applicable. HTG Crystal Cove Resort,
LLLP, or, as applicable, its assign(s) and successor(s) in interest or title, fail to obtain
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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 or required to trigger this automatic reverter
clause.
Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this
Interlocal Agreement shall continue in force until one of the following occur:
The project is not granted funding by FHFC LIHTC /WORKFORCE program in the
FY16 -17 or FY 17 -18 competitive cycle; or
The project does not complete construction and does not obtain Certificates of Occupancy
for all 46 affordable housing units contemplated herein by December 31, 2019. All
affordable housing units for which Certificates of Occupancy are issued prior to
December 31, 2019 shall remain subject to this Interlocal Agreement irrespective of
whether all 46 affordable housing units contemplated herein receive Certificates of
Occupancy.
Section 4. NOTIFICATION: The City of Marathon shall DU Immediately notify Monroe
County of any assignment(s) and successor(s) in interest or title to IITG Crystal Cove
Resort, LLLP's interest(s) in the affordable housing ROGO allocation contemplated herein,
and j Shall immediately notify Monroe County of any assignment(s) and successor(s) in
interest or title to the affordable housing ROGO allocations contemplated herein above at least
thirty (30) business 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. The City of Marathon shall further provide prompt written notice to Monroe County
of the extension, termination, or expiration of the aforesaid Conditional Use Permit for project
contemplated herein. The City of Marathon shall further provide prompt written notice to
Monroe County of the issuance of Certificates of Occupancy for the subject affordable
housing units within thirty (30) business days after issuance of said Certificates.
All such notices under this Section ( "Section 4. ") shall be sent to the following addresses:
Monroe County Administrator
1 100 Simonton Street, Key West, FL 33040; and
Monroe County Planning & Environmental Resources Department
Attn: Senior Director
Subject: City of Marathon Interlocal Agreement
2798 Overseas Highway, Marathon, FL 33050: and
With a copy to:
Monroe County Attorney's Office
Attn: County Attorney
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Subject: City of Marathon Interlocal Agreement
P.O. Box 1026
Key West, FL 340413 330L11
Thomas D. Wright, Esq.
Law Offices of Thomas D. Wright, Chartered
9711 Overseas Highway
Marathon, FL 33050
Attorney for Property Owners
Failure of the City of Marathon or HTG Crystal Cove Resort, LLLP or their assign(s) or
successor(s) in interest or title, to perform any act required by this Interlocal Agreement shall
neither impair nor limit the validity of this Agreement or limit its enforceability in any way.
Section 5. CONSTRUCTION AND INTERPRETATION: The construction and interpretation
of this Interlocal Agreement and Monroe County Code(s) provisions in arising from, related to, or
in connection with this Agreement, shall be deferred in favor of Monroe County and such
construction and interpretation shall be entitled to great weight on trial and on appeal.
Section 6. NO WAIVER: Monroe County shall not be deemed to have waived any rights under
this Interlocal Agreement unless such waiver has been expressly and specifically provided.
Section 7. LIMITATION OF LIABILITY: In the event of any litigation related to, arising from,
or in connection with this Interlocal Agreement, the parties hereto and Keys Affordable
Development III, LLC, and its assignees and successors -in- interest, hereby agree to expressly
waive their right to a jury trial.
Section 8. DUTY TO COOPERATE: When required to under this Interlocal Agreement, the
City of Marathon and Keys Affordable Development, III, LLC, and its assignees and successors-
in- interest, shall, to ensure the implementation of the government purpose furthered by this
Agreement, cooperate with Monroe County's reasonable requests, regarding the conditions and
provisions contained herein.
Section 9. 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 10. 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
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(1) Title VT 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 3) 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 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 11. 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 12. 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 13. 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 Interiocal
Agreement or adopted after that date.
Section 14. 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 1 i a b i 1 i t y .
Section 15. 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 •
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conjunction with this Agreement.
Section 16. NON - RELIANCE BY THIRD - 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 17. 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 ofa 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 18. NOTICES: In addition to those communications 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 Monroe County:
Roman Gastesi, Jr., County Administrator
Monroe County Historic Gato Building
1100 Simonton Street
Key West, Florida 33040; and
Planning & Environmental Resources Department
Attn: Senior Director
Subject: City of Marathon Interlocal Agreement
2798 Overseas Highway, Marathon, FL 33050; and
With a copy to:
Monroe County Attorney's Office
Attn: County Attorney
Subject: City of Marathon Interlocal Agreement
P.O. Box 1026
Key West, FL 3- 343 - 6' 3304
Thomas D. Wright, Esq.
Law Offices of Thomas D. Wright, Chartered
9711 Overseas Highway
Marathon, FL 33050
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Attorney for Property Owners
If to the City:
City Manager
9805 Overseas Highway
Marathon, Florida 33050
George Garrett, Planning Director
9805 Overseas Highway
Marathon, Florida 33050
With a copy to:
David Migut, Esquire
City Attorney
9805 Overseas Highway
Marathon, FL 33050
Thomas D. Wright, Esq.
Law Offices of Thomas D. Wright, Chartered
9711 Overseas Highway
Marathon, FL 33050
Attorney for Property Owners
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 fee 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. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions: If any
condition or provision hereunder, or any portion thereof, is /are held to be invalid or unenforceable
in or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
unenforceability of such condition(s) or provision(s) shall neither limit nor impair the operation,
enforceability, or validity of any other condition or provision hereunder, or remaining portions
thereof. All such other condition(s) or provision(s), or portions thereof, shall continue unimpaired
in full force and effect.
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Section 17. Captions and Paragraph Headings: Captions and paragraph headings, where used
herein, are inserted for convenience only and are not intended to descriptively limit the scope
and /or intent of the particular paragraph or text to which they refer.
Section 18. Authority to Attest: Each party to this Interlocal Agreement represents and warrants
to the other that the execution, delivery, and performance of this Agreement has been duly
authorized by all necessary corporate and other organizational action, as required.
Section 19. 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 20. 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 21. EFFECTIVE DATE: This Agreement shall take effect on the date set forth above.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative.
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BOARD OF COUNTY COMMISSIONR t c 71
OF MONROE COUNTY, FLORIDA o
`sp9 E.'. IN MADOK ,CLERK
is ..T,. ..
By D B hi...g4.cels%
Clerk Mayor George Neugent
Date: Ili-, 2. i
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
M NROE COUNTY ATTORNEY
B y' PROVED A FORM:
Assistant County Attorney ___ ,
STEVEN T. WILLIAMS
ASSTS I'ANT OU TY ATTORNEY
Date /� -7
AT EST: 4 " THE CITY OF MARATHON, FLORIDA
By: ejadiNbe Bye / •
■
DIANE CLAVER Mayor ��w� / J/ , Ou //
City Clerk Date: ��
` � � O
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(City Seal)
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF THE CITY OF
MARATHON, FLO DA ONLY:
By: ( '—
David Migut, ity Atto ey
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EXHIJIIT "A"
LEGAL DESCRIPTION
Lots 5 and 6 of Thompson and Adams Subdivision of Government Lot 1, Section 10, Township 66
South, Range 32 East which plat is recorded in Plat Book 2, at Page 24 of the Public Records of
Monroe County, Florida.
That portion of a 66- Foot right-of way of Old State Highway 4A lying immediately South of Lot 5 of
Thompson and Adams Subdivision aecocding to the plat thereof recorded ittPlat Book2, Page 24, of
the Public i.ecotds of Monroe County, Florida.
Together with a parcel of bay bottom land in the Bay of Florida, North of and adjacent to Lot 5 of
Thompson -Adams Subdivision, as recorded in Plat Book 2, Page 24 of the Public Records of
Monroe County, Florida. Said Subdivision also being in a part of Government Lot 1, Section 10,
Township 66 South, Range 32 Bast, and being more particularly described by metes and bounds as
follows:
Commencing at the intersection of the East line of Section 10, Township 66 South, Range 32 East,
and the northwesterly right-of-way line of Old State HighwayNo. 4A. Bear southwesterly along the
northwesterly right.of-way line of Old State Highway No. dA for a distance of 734,09 feet to the
Southeast corner of said Lot 5; thence bearNorth along the Past line of Lot 5 for a distance of 889.77
4 �-- feet to the point of beginning of the parcel of bay bottotu land hereinafter described, from said point
of beginning, continue bearing North along the East lime of Lot 5, extended, for adistance of 220 feet
to a point, thence at right angles and West fora distance of 100.97 feet to a point on the West line of
Lot 5, extended North, thence bear South along the West line of Lot 5, extended North, fora distance
of 270 feet, more or teas, to a point on the shoreline, thence meander the shoreline in a southerly and
northeasterly direction for a distance of 220 feet, more or less, book to the point of beginning.
Together with a parcel of bay bottom land in the Bay of Florida North of and adjacent to Lot 6 of
Thompson and Adaazns Subdivision as recorded in Plat Book 2, Page 24 of the Public Records of
Monroe County, Florida, said subdivision also being in a part of Government Lot 1, Section 10,
Township 66 South, Range 32 East and being more particularly described by metes and bounds as
follows:
Commencing at the intersection of the M.H. W.L. of the Gulf of Mexico and the West boundary of
Lot 6 of said Thompson and Adams Subdivision of Government Lot 1, Section 10, Township 66
South, Range 32 East as per plat thereof in Plat Book 2, Page 24, of the Public Records of Monroe
el r} County, Florida, as and for the point of beginning of the property to be described, Run thence North
d, into the waters of the Gulf of Mexico for a distance of 323 feet; thence at a right angle and East for a
distance of 100.97 feet to a point; thence at a right angle and South to the M.H.'W.L. ata point where
it intersects the Eastern boundary of said Lot 6; thence meander said M.14.W.L. in a westerly
direction to the point of beginning.
•
Lots 1 and 2, in Block 1 of Vaca Village, according to the plat thereof recorded in Plat Book 2, Page
106, a Re-Subdivision of Lot 7 and 8 of "Thompson and Adams Subdivision" as recorded in Plat
Book 2, at Page 24, of the Public Records of Monroe County, Florida.
Lots 9, I0, 11,12 and 13, Block 1, Vaca Village, a Subdivision as recorded in Plat Book2, Page 106,
of the Public Records of Monroe County, Florida.
Also
A parcel of bay bottom land in Section 10, Township 66 South, Range 32 East, North of and adjacent
to Key Vaca described as: Commencing at the Section corner common to Sections 2, 3, 10 and 11 of
• Township 66 South, Range 32 East; thence South along the section line common to Sections 10 and
it, 1631.62 feet to the Northerly right of way line of Old State Highway 4A, as existing July 25,
8b 3 1954; thence South 74 °20'00" West, 539,93 feet along said Northerly right of way line; thence North
1083.2 feet, more or less, to the M.H.W.L. of the Gulf of Mexico, the Point of Beginning; thence
continuing North along said Line, extended into the waters of the Gulf ofMexico,100 feet, more or
less; thence at a right angle and West, 186.94 feet; thence at a right angle and South, 323 feet, more
or less, to the M.H. W.L. of the Gulf of Mexico where it intersects the West line of the Glenn EL
Curtiss properties; thence meandering said M.H.W.L. in an Easterly and Northerly direction 325 feet,
more or Less, to the Point of Beginning.
•
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Sponsored by: Lindsey
CITY OF MARATHON, FLORIDA
RESOLUTION 2016 -125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, APPROVING MINOR REVISIONS TO THE
INTERLOCAL BETWEEN MONROE COUNTY AND THE CITY OF
MARATHON, APPROVED ORIGINALLY PURSUANT TO RESOLUTION
2016 -104, TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL
ALLOCATIONS FOR A PROJECT KNOW AS HTG CRYSTAL COVE
APPROVED BY THE CITY UNDER RESOLUTIONS 2016 -71 & 2016 -72;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Marathon (the "City ") wishes to enter into an Inter -Local
Agreement with Monroe County (the "County ") for the purposes of Transferring affordable housing
unit allocations; and
WHEREAS, the Monroe County requested minor and non - substantive modifications to the
ILA approved by the City pursuant to Resolution 2016 -104 and the City has made such minor
modifications,
WHEREAS, the Inter -Local 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, THAT:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. The Revised Inter -local 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 HTG Crystal Cove. (Resolutions 2016 -71 & 2016 -72 provided as
Exhibits `B" & "C ") is hereby approved.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, THIS 13 DAY OF DECEMBER, 2016.
THE CITY OF MARATHON, FLORIDA
•
Dr. Daniel Zie:, or Jr
AYES:
NOES:
AB SENT:
ABSTAIN:
ATTEST:
(VIC ejfk_uv
Diane Clavier, City Clerk
(City Seal)
APPROVED AS TO FORM AND LEGALITY FOR THE USE
AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY:
David igut, City Attorney