1. 10/19/2016 AgreementAMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: November 2, 2016
TO: Bob Shillinger,
County Attorney
ATTN.• Kathy Peters, CP
FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller 0
At the October 19, 2016 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item Ql 1 Approval of an Interlocal Agreement between the BOCC and the
Land Authority regarding the acquisition of infill property for density reduction or other government
purposes. (To be heard with L -1).
cc: County Attorney (electronic copy)
Finance (electronic copy) J
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 THE MONROE COUNTY LAND AUTHORITY
AND THE MONROE COUNTY COMMISSION AUTHORIZING THE LAND AUTHORITY TO
ACT AS THE COUNTY COMMISSION'S AGENT IN THE ACQUISITION OF INFILL
PROPERTIES FOR DENSITY REDUCTION, FLORIDA FOREVER PROJECT PROPERTIES,
AND FOR OTHER GOVERNMENTAL PURPOSES
This Interlocal Agreement ( "Agreement ") is made and entered into this 19th day of October,
2016, by and between the Board of County Commissioners of Monroe County, Florida (`BOCC ") and
the Monroe County Comprehensive Plan Land Authority ( "MCLA ") in order to establish mutual
agreements regarding the acquisition of properties in the name of the BOCC through the assistance of the
MCLA and its staff including but not limited to infill properties acquired for density reduction purposes;
properties located within the Florida Forever Project boundaries in cooperation with the Florida
Department of Environmental Protection; and /or properties acquired for other governmental purposes.
WHEREAS, the State of Florida through the Florida Keys Area Protection Act has identified the
State's intent to ensure that the population of the Florida Keys can be safely evacuated in the event of a
hurricane. Fla. Stat. § 380.0552(2)0); and
WHEREAS, the State of Florida through Florida Keys Area of Protection Act has determined
that one of the guiding principles shall be protecting the public health, safety, and welfare of the citizens
of the Florida Keys and maintaining the Florida Keys as a unique Florida resource. Fla. Stat. §
380.0552(7)(n); and
WHEREAS, the Florida Keys Area of Protection Act has established the goals, objectives, and
policies to protect public safety and welfare in the event of a natural disaster by maintaining a hurricane
evacuation clearance time for permanent residents of no more than 24 hours. Fla. Stat. §
380.0552(9)(a)(2); and
WHEREAS, the State of Florida has designated the Florida Keys as an Areas of Critical State
Concern. Fla. Stat. § 380.0552, ( "Keys ACSC "); and
WHEREAS, the State of Florida has provided a means whereby each county in which one or
more areas of critical state concern are located is authorized to create, by ordinance, a public body
corporate and politic, to be known as a land authority to fulfill the purposes of the act. Fla. Stat §
380.0663(1); and
WHEREAS, the State of Florida has provided that the land authority may acquire and dispose of
real property or any interest therein when such acquisition is necessary or appropriate to prevent or
satisfy private property rights claims resulting from limitations imposed by the designation of an area of
critical state concern. Fla. Stat. § 380.0666(3); and
WHEREAS, Monroe County has adopted such an ordinance creating Monroe County
Comprehensive Plan Land Authority ( "MCLA ") and granting it the power to do any and all things
necessary or convenient to carry out the purposes of such an ordinance. Monroe County Code Sec. 2 -397;
2 -398; and
WHEREAS, the State of Florida has, in its last legislative session, created a new classification
of properties which may be purchased by MCLA to include parcels which are highly developable infill
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properties to reduce the rate of development in the Florida Keys ( "Infill Density Reduction Properties" or
"IDR Properties ") Fla. Stat. § 380.0666(3); and
WHEREAS, Monroe County is negotiating a Memorandum of Agreement for Florida Forever
Keys Projects ( "MOA Florida Forever Keys Projects ") with Florida Department of Environmental
Protection ( "FDEP ") for the acquisition by the County and joint acquisition by the County and the State
of properties located within the Florida Forever Project boundary including but not limited to property in
the Florida Keys Ecosystem, Coupon Bight /Key Deer, and North Key Largo Hammocks in accordance
with Chapter 259, Florida Statutes, ( "Florida Forever Project Properties" or "Florida Forever
Properties "); and
WHEREAS, Monroe County has adopted a Rate of Growth Ordinance ( "ROGO "), as set forth
in Chapter 138 of the Monroe County Land Development Code, with the stated purpose of protecting the
residents, visitors and property in the county from natural disasters, specifically including hurricanes by
limiting the annual amount and rate of residential development commensurate with the county's ability to
maintain a reasonable and safe hurricane evacuation clearance time; and
WHEREAS, ROGO permit allocations are currently limited, by rule promulgated by the Florida
Administrative Code Rule 28- 20.140, to 197 permits per year for Monroe County with an anticipated
build out of all available permits for the Florida Keys by the year 2023. Monroe County Code Sec. 138-
24; and
WHEREAS, ROGO is implemented through a tier system whereby real property is divided into
three tiers establishing criteria for the evaluation of real property for the building permit application
process within Monroe County. The most highly developable infill properties are designated as Tier III
properties. Monroe County Code Sec. 138 -28; and
WHEREAS, there are currently approximately 8,000 undeveloped, privately owned parcels,
with over 3,000 of these undeveloped, privately owned parcels designated as Tier III properties in
Monroe County; and
WHEREAS, due to the limitations on the number of ROGO allocations imposed by the State of
Florida, Monroe County may be unable to issue building permits for all of the undeveloped privately
owned parcels, in Monroe County; and
WHEREAS, in order to reduce the potential liability of Monroe County for property rights
claims and to address the corresponding potential impacts on the County's hurricane evacuation
clearance times, the BOCC desires to purchase a category of property known as IDR Properties
consisting of buildable undeveloped privately owned parcels designated Tier IIl, which properties have
little or no connectivity to conservation lands and little or no habitat value; and
WHEREAS, IDR Properties will likely require additional management including maintenance,
mowing and trash removal not normally required for conservation lands; and
WHEREAS, the MCLA has not traditionally provided such land management services and is not
equipped to administer such land management and IDR Properties are not suited for management as
conservation lands and therefore are not suited for inclusion in the MCLA's inventory of conservation
lands; and
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WHEREAS, the MCLA is empowered to engage the services of private consultants on a
contract basis for rendering professional and technical assistance and advice when purchasing real
property. Fla. Stat. § 308.0666(9); and
WHEREAS, the BOCC serves as the governing board of MCLA. Fla. Stat. § 380.0663(1); and
WHEREAS, the BOCC has the management services available through Monroe County's
Department of Project Management and Facilities to provide the land management services required for
the IDR Properties; and
WHEREAS, separate and apart from its desire to purchase IDR properties, the BOCC also
desires to work cooperatively with the FDEP to purchase Florida Forever Properties as set forth in the
MOA Florida Forever Keys Projects for the purposes of preserving environmentally sensitive lands and
for the purposes of reducing the State and County's potential exposure to property rights claims; and
WHEREAS, in furtherance of that desire, the Board is negotiating the above - referenced
memorandum of agreement with FDEP regarding the Florida Forever Keys Projects; and
WHEREAS, the parties hereto desire to establish an efficient and effective method by which
MCLA may act as the BOCC's purchasing agent of IDR Properties and /or Florida Forever Properties;
and
WHEREAS, the MCLA is authorized to take the lead in negotiating the acquisition of IDR
Properties and/or Florida Forever Properties, ordering pre- acquisition due diligence products including
but not limited to; appraisals, boundary surveys, title search products, environmental assessments and any
other inspections required in order to facilitate the BOCC's acquisition of these properties; and
WHEREAS, the parties hereto desire that title be taken for properties acquired by the County
through the assistance of the MCLA under this agreement in the name of the BOCC and/or the BOCC
and the State with land management services for IDR Properties to be provided by Monroe County's
Department of Project Management and Facilities.
WHEREAS, it is the parties intent that nothing in this agreement shall prevent the MCLA from
working cooperatively with the FDEP on acquisitions of qualifying properties under the existing statutes,
regulations, and ordinances governing land acquisitions by both entities.
NOW THEREFORE, the parties agree as follows:
SECTION 1: The above recitals are true and correct and are incorporated herein by reference. The
parties intend for this Agreement to serve as an acquisition agreement between the MCLA and the
BOCC.
SECTION 2: MCLA is authorized to act as a purchasing agent for the BOCC in the acquisition of IDR
Properties, Florida Forever Properties and properties for governmental purposes. MCLA may engage the
services of private consultants on a contract basis for rendering professional and technical assistance and
advice to satisfy any and all necessary due diligence for the pre- acquisition of IDR Properties and /or
Florida Forever Properties including but not limited to, appraisals, boundary surveys, title search
products, environmental assessments and any other inspections required. MCLA is authorized to perform
due diligence in researching each available parcel presented to the MCLA for acquisition. MCLA is
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authorized to select IDR Properties and /or Florida Forever Properties for inclusion in the acquisition
program. MCLA is authorized to enter into purchase and sale contracts, as purchasing agents, on behalf
of BOCC for IDR Properties and/or Florida Forever Properties.
SECTION 3: All due diligence costs shall be paid by the BOCC for IDR Properties or Florida Forever
Properties. All invoices for such due diligence costs incurred by MCLA and owed by the BOCC shall be
submitted by MCLA to the Monroe County Attorney for prompt payment by the Monroe County Clerk of
Circuit Court. The purchase price and any expenses incidental to the acquisition of properties shall be
paid by BOCC.
SECTION 4: The MCLA will present the selected properties for approval and acceptance by the
BOCC at a duly noticed BOCC meeting. Title to IDR Properties and /or Florida Forever Properties will
be taken in the name of the BOCC. Monroe County Attorney, as an administrative matter, is hereby
authorized and directed to carry out the recording of deeds conveying title of IDR Properties and/or
Florida Forever Properties to BOCC as grantee.
SECTION 5: Modifications to this Agreement shall be valid only when reduced to writing and duly
signed by all parties.
SECTION 6: If any term or provision of this Agreement shall be invalid or unenforceable to any
extent, the parties agree to comply with the remaining terms and provisions, unless compliance with the
remaining terms and provisions would prevent the accomplishment of the original intent of the agreement
between the parties.
SECTION 7: Either party may terminate this Agreement at any time, with or without cause.
Termination shall take effect upon receipt of written notification by a party to the other party.
SECTION 8: Notification under this Agreement shall be made by hand delivery, U.S. certified mail,
return receipt requested, or an express mail with proof of delivery. Notification by a party shall be
delivered as follows:
County Administrator
1100 Simonton Street
Key West, FL 33040
Monroe County Attorney
1111 12`" Street, Suite 408
Key West, FL 33040
Monroe County Comprehensive Plan Land Authority
1200 Truman Ave.
Suite 207
Key West, FL 33040
Virginia Stones
Attorney for Monroe County Comprehensive Plan Land Authority
221 Simonton Street
Key West, FL 33040
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SECTION 9: This Agreement is effective upon execution by all parties and approval the BOCC and
the MCLA and ends upon termination of the Florida Keys Area of Critical State Concern designation,
unless earlier termination according to the terms of this agreement.
IN WITNESS WHEREOF, the parties
their officials thereto duly authorized.
(Seal)
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MONROE COUNTY BOARD OF
COUNTY CO IMISSIONERS
l
Heather V arrutl6f, Mayor /Chairperson
MONROE COUNTY
COMPREHENSIVE PLAN
LAND AUTHORITY
Charles G. Pattison, Executive Director David Rice, Chairman
This docu ent was epared and approved as to form by:
L
Assistant Monroe County Attorney
Florida Bar No.: 0101178
P.O. Box 1026
Key West, FL 33041 -1026
(305) 292 -3470
Approved as to form and Ispalill►:
Adele V. Sbmes, Esquire
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hereto have caused this Agreement t(9-)e execittd
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MONROE COUNTY BOARD OF
COUNTY CO IMISSIONERS
l
Heather V arrutl6f, Mayor /Chairperson
MONROE COUNTY
COMPREHENSIVE PLAN
LAND AUTHORITY
Charles G. Pattison, Executive Director David Rice, Chairman
This docu ent was epared and approved as to form by:
L
Assistant Monroe County Attorney
Florida Bar No.: 0101178
P.O. Box 1026
Key West, FL 33041 -1026
(305) 292 -3470
Approved as to form and Ispalill►:
Adele V. Sbmes, Esquire
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